Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - New Zealand (Ratification: 1938)

The Committee notes the observations of the Business New Zealand (BusinessNZ) and the New Zealand Council of Trade Unions (NZCTU) relating to the application of the Convention in practice, received with the Government’s report, and the Government’s reply thereto.

Article 12 of the Convention. Precautions deemed necessary to ensure the proper protection of workers. The Committee had previously noted observations from the NZCTU concerning the use of methyl bromide in timber fumigation operations at some ports, and in particular its association with an increased risk of motor neuron disease (MND) and had requested the Government to provide further information on how national laws or regulations ensure the proper protection of workers in relation to the observations from the NZCTU. In its latest observations, while acknowledging the significant steps taken by the Government on the use of methyl bromide, the NZCTU regretted the significant delay in taking the decision to implement the measures, as well as the time that will elapse before they are fully implemented. The Committee notes the Government’s indication that: (i) methyl bromide is used as a fumigant to treat goods, including timber, before export to key trade partner countries which require its use as part of quarantine. It is also a risk protection requirement of the Ministry for Primary Industries for many imported goods; (ii) the Hazardous Substances Regulations adopted in 2017 under the Health and Safety at Work Act, 2015, includes specific provisions on the use of methyl bromide, including explicit restrictions on fumigation, annual monitoring reports and prohibitions on its use in excess of a tolerable exposure limit (Part 14, subpart 6); (iii) under the Health and Safety at Work Act, companies that fail to ensure the proper protection of their workers are severely fined, such as a company fined 250,000 New Zealand dollars in December 2021 by the Auckland District Court for exposing workers to toxic fumigants, including methyl bromide; (iv) the New Zealand Environmental Protection Authority (EPA) conducted a modified reassessment of methyl bromide that focused on recapture requirements which led to the adoption of new rules, in particular the ban of methyl bromide in ship holds from 1 January 2023 and stepped increases to be applied to the recapture of methyl bromide from containers and covered log stacks (80 per cent of the methyl bromide from the fumigation of each container is required to be recaptured from January 2023, increasing to 99 per cent recapture in January 2031); and (v) the EPA approved in April 2022 the application of ethanedinitrile (EDN) to fumigate logs and timber for export, as an alternative to methyl bromide. However, the fumigant cannot be imported or used immediately, as additional worksafe rules still require ministerial approval and gazetting. The Committee requests the Government to continue providing information on measures taken to ensure the proper protection of workers, and in this case, to mitigate risks linked to exposure to hazardous substances in the workplace. The Government is invited to inform on the progress made to ban the use of methyl bromide in ship holds and to recapture it from containers and covered log stacks, as well as on developments relating to the approval of the substance of ethanedinitrile to fumigate export logs and timber, as an alternative to methyl bromide.

Article 17 and Part V of the report form. Application in practice and an efficient system of inspection. The Committee takes note of the detailed information provided by the Government in relation to measures taken in recent years to ensure the enforcement of regulations prescribed for the protection of workers engaged in dock work. The Committee notes in particular that the Port and Harbour Marine Safety Code, a voluntary national standard that supports national and local laws on issues including labour inspection in ports, was revised in 2016. This Code aims at supporting continuous improvement of safety systems in a collaborative approach and is supported by a tripartite Memorandum of Understanding and accompanied by a governance structure and dedicated Secretariat. The Committee further notes the detailed information on the investigation functions of Maritime New Zealand, WorkSafe and the labour inspectorate, respectively, in ports, as well as examples of prosecutions by Maritime New Zealand and WorkSafe against companies that failed to take safety precautions for the protection of workers, including stevedoring related accidents. Finally, the Committee notes the information on the website of the Transport Accident Investigation Commission (TAIC) that in April 2022 the Ministry of Transport directed the Commission to inquire into the circumstances and causes of fatal accidents which occurred in two ports, and to provide an independent safety-focused investigation to determine any potential system-wide lessons. The Committee requests the Government to continue providing updated information on the enforcement by Maritime New Zealand and SafeWork of the legislation and standards for the protection of workers engaged in dock work against accidents, as well as to provide any available statistics on the number of workers covered by the legislation, the number of contraventions reported and the number, nature and causes of accidents reported.It also invites the Government to provide information on the outcome of the investigation of the TAIC as well as on other safety assessments of port initiatives and to indicate any follow-up measures taken as a result to improve the protection of dockers against accidents, and to ensure an efficient system of inspection.

Prospects for the ratification of the most up-to-date Convention.Recalling the Government’s statements in previous reports that the Code of Practice for Health and Safety in Port Operations and Maritime Rules Part 49 are based on the prescriptions of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), the Committee encourages the Government to consider the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider the possibility of ratifying Convention No. 152, which is the most up-to-date instrument in this area. The Committee requests the Government to provide information on any measures taken in this regard.