The worker was stuck for nine hours before being discovered
In a recent decision, the Tauranga District Court considered a worker who fell two metres whilst onboard a cargo ship and was left stranded with severe injuries for nine hours. Although the injury occurred in international waters, the Court identified the breach as having occurred by the worker’s New Zealand employer. It ultimately awarded $60,000 in damages to the worker and fined his employer $245,000.
Karl Brown was employed as a technician at Genera Limited (“Genera”), a biosecurity and fumigation services company. At the time of his injury, Brown was aboard the vessel M.V Bunun Justice, which carried log stacks from New Zealand to China.
On the morning of 27 January 2019, while inspecting log stacks, Brown slipped and fell two metres. He sustained several severe injuries, including a fractured femur, dislocated knee, and damage to his shoulder and teeth.
Unable to move from his injuries and without a radio, Brown laid on the ship’s deck for nine hours until crew members found him at approximately 6:45pm. It took an additional three days to reach the nearest port in Papua New Guinea, during which time there was no pain medication available to Brown.
After his condition was assessed in Papua New Guinea, Brown was flown to a hospital in Brisbane to undergo surgeries. He continues to receive rehabilitation for his injuries and has suffered depression and recurring visions since his accident.
The Hearing
Genera pleaded guilty to breaching its duty to ensure the health and safety of its workers (contained in the Health and Safety at Work Act 2015) – a failure that exposed Brown to a risk of death or serious injury.
The Court noted that Brown failed to wear spiked shoes, as required by Genera, which could have prevented him from slipping. It also held that the fact Brown laid undetected for nine hours was a “direct result” of his failure to take a buddy or radio with him. However, despite this, Genera accepted that its working-at-heights training was inadequate and that its operational procedures failed to provide an effective means of communication between the company and its workers.
Ultimately, the Court ordered that Genera pay a $245,000 fine. It also ordered that Genera pay Brown $60,000 in compensation, as well as consequential losses and half of Maritime New Zealand’s costs.
Key Takeaways
- This decision demonstrates that a company may be prosecuted where an accident occurs outside the jurisdiction (for example, in international waters), if the breach occurs in New Zealand
- Where employees are required to work in remote locations, employers should ensure they have an effective means of communication in case of accidents
- Employers should ensure that safety policies (for example, using PPE) are enforced throughout the company
