Maritime union says Lyttelton Ports’ mandatory fitness tests are a concern

Lyttelton Harbour.
photo: RNZ/Nate McKinnon

• Maritime unions raise concerns over Christchurch Port of Lyttelton’s move to make fitness tests compulsory for staff
• The review was introduced at the end of July 2022 following a recommendation by accident investigators after an employee was killed on the job
• Lyttelton Ports says it has consulted with staff and unions

Maritime unions are concerned about Christchurch Port of Lyttelton’s move to make physical fitness tests compulsory for its staff.

The assessment is One staff member diedDon Grant, during his term in April 2022.

Grant was killed when he was struck by a jetliner delivering coal that was being brought from the port on a conveyor belt and loaded onto a cargo ship.

At the time of the incident, Grant was on the boat’s deck as a “hatchman”, following Lyttelton Port Company (LPC) procedures and standing at his trained post.

Don Grant.
photo: Photo courtesy of the Grant family

Last month, LPC A fine of approximately $500,000.

The Maritime Union of New Zealand (MUNZ) said LPC pleaded guilty in November 2023 to a charge under the Work Health and Safety Act 2015 brought by industry regulator Maritime NZ.

The union’s national secretary, Carl Findlay, said workers welcomed Grant’s guilty plea and sentence and that a lot had changed since his death – including the way business was done when it came to coal operations.

But he said workers were concerned about mandatory employee fitness programs.

“Workers are shocked and disappointed that the port appears to be using Don’s death as a catalyst to push for mandatory medical assessments without the union having any input or say in the matter. We believe this essentially takes away workers’ right to privacy.”

Findlay said the scheme was being implemented with complete disregard for workers’ concerns about their own financial security and without assessing the well-being of ineligible members, with the end result being that people would lose their jobs if they didn’t meet the criteria.

“In short, MUNZ believes this is a breach of good faith and that the LPC is not abiding by our collective employment agreement.”

Findlay said the union agreed to monitor workplace health conditions but hoped the LPC would negotiate in good faith.

“We want to talk about this mandatory test and how this is all going to be implemented. There’s not just one job on the docks, there’s several jobs and if you’re not fit for one job, what does that look like, can you still do another job? We guess they’re thinking ‘if you’re not fit for that job, you’re not fit for any job, so you’re out’,” he said.

Lyttelton Ports chief executive Graeme Sumner said accident investigators recommended a mandatory fitness assessment be carried out following Grant’s death.

The systems were introduced on July 31 and will become standard for new employees from 2023, the LPC said.

“The introduction of mandatory health assessments by the LPC follows the recommendations of the TAIC report following the tragic incident on Anzac Day 2022,” Mr Sumner said.

“Health assessments are vital in identifying employees who may require a comprehensive health management plan and rehabilitation support. This move is consistent with our obligations under the Health and Safety at Work Act 2015 to prevent harm to our workers and others who are unable to carry out their duties safely due to health-related limitations.”

Sumner said the company had fully consulted with employees and unions.

“Since June 2022, we have had meaningful dialogue with employees and unions on health monitoring. This was outlined in our annual report last year and our feedback to TAIC was included in their report. Since 2023, this has also become standard for new employees.

“We addressed all queries throughout the consultation and feedback process, which officially began on May 1, 2024. RMTU (Rail and Maritime Transport Union) requested an extension to the feedback period, which was granted, reflecting our commitment to comprehensive and inclusive communication.

“The decision document was shared with all staff following the close of consultation on 20 June 2024. All unions were informed of the decision 24 hours before it was communicated to the wider organisation. The LPC will continue to engage with our unions in a good faith consultative and collaborative manner, as we have always done.”

The maritime union said it would mediate with the LPC on August 16 over the health monitoring issue.