Lyttelton Harbour.
photograph: RNZ / Nate MacKinnon
- Maritime unions are concerned about the way Christchurch’s Lyttelton Port Company is carrying out mandatory physical fitness tests for employees.
- The assessment was recommended by accident investigators after a staff member died at work in 2022 and was introduced at the end of July.
- The Littleton Port Company says it is in discussions with employees and unions.
Maritime unions are concerned about Christchurch’s Lyttelton Port Company’s plan to implement mandatory physical fitness tests for employees.
The evaluation was conducted following the death in April 2022 of staff member Don Grant while on duty.
Mr Grant was killed when he was hit by coal which was being transported on a conveyor belt from the port and loaded onto a cargo ship by jet plane.
At the time of the accident, Grant was working as a “hatchman” on the deck of the ship, in a trained position, in accordance with Lyttelton Port Company (LPC) procedures.
Don Grant.
photograph: Courtesy of the Grant family
Last month, LPC was fined about $500,000.
The Maritime Union of New Zealand (MUNZ) announced that LPC pleaded guilty in November 2023 to one charge under the Health and Safety at Work Act 2015 brought by industry regulator Maritime Union of New Zealand.
The union’s national general secretary, Carl Findlay, said workers welcomed the guilty plea and sentence and that a lot had changed since Grant’s death, including working practices across the coal business.
However, he said workers are concerned about making fitness-to-work tests mandatory for employees.
“Employees are simply shocked and disappointed that the port company is using Don’s death as a catalyst to instigate mandatory medical exams, yet the union has no input or say in how it goes about it. In our view, this is essentially taking away employees’ right to privacy.”
Mr Findlay said this was being pushed through without regard for the concerns over the financial protection of workers and the welfare of union members who failed to be valued and would ultimately lose their jobs if they did not meet the criteria.
“In short, MUNZ views this as a breach of good faith and a failure of LPC to respect our collective employment agreement.”
The union agreed to fitness-for-work health monitoring but wanted LPC to negotiate in good faith, Findlay said.
“We want to discuss this mandatory testing and how it will be implemented. There is not just one job at the port, there are multiple jobs. If you are not suitable for one, can you do another? I think they are thinking: ‘If you are not suitable for this job, you are not suitable for any job, so leave,'” he said.
Lyttelton Port Company chief executive Graham Sumner said accident investigators had recommended a mandatory medical examination following Mr Grant’s death.
These were introduced on July 31 and will be standard for new recruits from 2023, the LPC said.
“The introduction of mandatory medical screening by LPCs follows recommendations from the TAIC report following the tragic ANZAC Day 2022 incident,” Mr Sumner said.
“The health screenings are essential to identify employees who may require comprehensive health management plans and rehabilitation support. This initiative is in line with our obligations under the Health and Safety at Work Act 2015 to prevent employees and others from suffering harm because they are unable to carry out their jobs safely due to health restrictions.”
Sumner said the company had held full consultations with employees and unions.
“Since June 2022, we have had meaningful dialogue with employees and unions around health monitoring. This was outlined in last year’s annual report and feedback to TAIC was also included in the report. It will also be standard for new recruits from 2023.”
“All queries have been addressed through a consultation and feedback process which was formally launched on 1 May 2024. RMTU [Rail and Maritime Transport Union] Our request for, and being granted, an extended feedback period reflects our commitment to thorough and comprehensive communication.
“This decision document was shared with all staff following the conclusion of consultation on 20 June 2024. All unions were informed of this decision 24 hours prior to organisation-wide communication. The LPC will continue to consult in good faith and engage with unions in a collaborative and cooperative manner, as it has always done.”
The maritime union announced it would join mediation with the LPC on August 16 over the health surveillance issue.
