Tue, May 11, 2021 9:16 AM

Ferry injury payout for crewman

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Paula Hulburt

KiwiRail are set to pay out more than $300,000 after an onboard accident left a ferry worker with a serious leg injury.

Maritime NZ has accepted an Enforceable Undertaking (EU) from KiwiRail.

The voluntary move will see KiwiRail shell out $335,746 plus financial amends and support to the unnamed victim who broke his leg in two places.

This is only the second time Maritime NZ has accepted an EU under the Health and Safety at Work Act (HSWA) as an alternative to prosecution proceedings.

Maritime NZ’s Central Region Compliance Manager, Michael-Paul Abbott, says a crew member slipped in the hydraulics room of the Kaiarahi Interislander ferry in April 2019.

He broke the main bone in one of his legs, the femur, in two places and had to have surgery, with rods and screws put in to stabilise the fracture and align the bones.

The injured man was off work for 15 weeks and three days.

Later Investigations found the floor in the hydraulics room was lacking sufficient non-slip surfacing and there was no anti-slip grating in place.

“EUs are legally enforceable agreements that can be used as an alternative to prosecution and are not an easy option,” says Michael-Paul.

“They have to include making amends to the worker and family, fixing the workplace safety issue and an initiative which benefits the wider community.”

KiwiRail supported the injured crew member throughout his time off work and paid financial amends.

The transport and logistics giant also introduced testing and remediation to protect crew from similar incidents on its other ferries, and for passengers and workers at ferry terminals.

Included in the EU is an undertaking to provide $250,000 to Marlborough District Council.

This money will be used to implement a Marlborough Sounds-wide system to help highlight dangers such as sudden changes and fast tides in the Sounds.

The aim of EUs is to improve health and safety at a workplace and across an industry, and to remedy harm caused to workers and their families.

Maritime NZ consulted the worker and his family, as well as the Aviation and Marine Engineers Association as part of the EU process says Michael-Paul.

“We took into account KiwiRail’s support for the family, improvements across all its ferries and terminals, funding to Marlborough District Council to improve safety for all commercial and recreational users of the Sounds, and engagement with the worker’s union.”

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