The recent guilty verdict for former Port of Auckland CEO Tony Gibson, in connection with the tragic death of stevedore Pala’amo Kalati, has sent shockwaves through workplaces across New Zealand. This landmark trial that we reported on earlier in the year, highlights the critical importance of workplace health and safety and the legal responsibilities placed on directors, officers, and PCBUs (persons conducting a business or undertaking).
Maritime NZ accused Mr. Gibson of not doing enough to meet his responsibilities under the Health and Safety at Work Act (HSWA). They claimed he didn’t take reasonable steps to ensure Ports of Auckland Limited had the right resources and systems in place to keep workers safe. Here’s what they pointed out:
Exclusion zones around cranes: They said there weren’t clear, documented rules about keeping people out of dangerous areas near operating cranes, or that those rules weren’t being followed properly. (He was found guilty of this.)
Coordination between workers: They also claimed there weren’t solid processes in place for communication and coordination between crane operators and lashers (the people who secure cargo). (On this point, he was cleared.)
For organisations striving to protect their people and meet their legal obligations, the lessons from this case cannot be ignored. It is also a call to action for businesses to reevaluate their own health and safety processes, ensuring robust systems are in place to prevent future tragedies.
A shift in workplace accountability
The conviction of Tony Gibson, who now faces a fine of up to NZ$300,000, marks a turning point in workplace accountability. Historically, many prosecutions have focused on smaller businesses with more direct oversight of operations. This case, however, underscores a shift in how accountability is perceived at the executive level of larger organisations.
Directors and officers are being held to higher standards of due diligence. The responsibility to not only establish safety protocols but also actively monitor and ensure their effectiveness has never been clearer. This means CEOs and directors can no longer rely on ignorance of operational details as a defence. They must take proactive steps to understand and address risks across all areas of their business.
Key takeaways for PCBUs
The implications for PCBUs and senior leaders in New Zealand and beyond are significant. Here are the key lessons from this case:
Leadership sets the tone
- Directors, officers, and CEOs must model a culture of safety within their organisations. This involves actively engaging with health and safety matters, including reviewing reports, ensuring timely implementation of safety improvements, and holding teams accountable for outcomes.
Proactive risk management is essential
- Waiting for incidents to occur is no longer an option. Organisations must proactively identify critical risks, such as handling suspended loads, and implement both technological and procedural controls and safeguards.
Regular review of systems and policies
- Safety systems must not only exist but must also be reviewed and updated regularly to reflect changing workplace conditions and risks. This includes maintaining robust reporting mechanisms for incidents, near-misses, and noncompliance.
Collaborative engagement
- Since Gibson’s departure, Ports of Auckland has shown that when management, employees, and unions collaborate effectively, it can lead to significantly better safety outcomes. A joint effort to develop clear codes of practice can prevent tragic incidents.
Why this matters to your business
This case serves as a stark reminder of the consequences of failing to prioritise health and safety. Beyond the legal implications, the human cost of workplace injuries and fatalities cannot be ignored. The findings also challenge leaders to reflect on their own systems and question whether they are truly doing enough to keep their people safe.
Ask yourself:
- Am I meeting my health and safety obligations under the Health and Safety at Work Act 2015?
- Do I have clear, effective processes in place to monitor and mitigate risks?
- Am I fostering a culture where safety is everyone’s responsibility?
Have your say
As a business leader, your thoughts and actions are critical in shaping a safer future for New Zealand’s workplaces. We want to hear from you:
- Do you think this is the start of more prosecutions and actions against executive directors and companies in breach of health and safety laws?
- Will this make you reevaluate or reemphasise your health and safety processes, policies, and procedures to ensure they keep your people safe?
- Would you value speaking with us or one of our health and safety expert partners to check in on what you’re doing?
How SiteConnect can help
At SiteConnect, we specialise in helping businesses meet their health and safety obligations. From providing intuitive software to manage risks and compliance to partnering with industry experts for improved workplace accountability, we are here to support your journey toward safer workplaces.
If you’re ready to take proactive steps to ensure the safety of your people, contact us today. Together, we can build a safer, more compliant future for your organisation.
