COMPANY SAFETY PROTOCOL (DRAFT) Helping everyone who comes to Napier Port get home to their family safely every day.
DRAFT COMPANY SAFETY PROTOCOL 2018 NAPIER PORT S ROLE Our Duty of Care Under the Health and Safety at Work Act (2015) Napier Port and companies operating on port are Persons conducting a business or undertaking or PCBU (see Definitions on page 15). This means, as the owner of the port, Napier Port has a Primary Duty of Care to ensure the health and safety of everyone who comes through our gates, so far as reasonably practicable. As PCBUs we share a responsibility to consult, cooperate and coordinate with each other to ensure the health and safety of others on port is not put at risk. You have this booklet because you are a PCBU. As a PCBU, we expect you to put health and safety first while operating at Napier Port and to consult, cooperate and coordinate with us on all health and safety related matters. Our Commitment to Health and Safety Napier Port is committed to meeting our obligations under the health and safety legislation and regulations. But more importantly, we want to make sure everyone who comes here goes home safely to their families every day. We have made huge progress in promoting health and safety in recent years, and seek to build on this progress. We want to consult, cooperate and coordinate with all companies operating here, to ensure everyone working at Napier Port shares our high safety standards. We are committed to helping you and your organisation operate safely through shared processes and collaboration, training and continuous communication on health and safety issues. Our Relationship with You More than 750 PCBUs reside at, operate on or visit Napier Port. Napier Port may engage with your organisation on a number of activities, through different people or under a different Authority to Operate. See more about each Authority to Operate on pages 3-5. 2
AUTHORITY TO OPERATE AT NAPIER PORT Anyone doing business with Napier Port does so under an Authority to Operate. An Authority to Operate formalises our relationship with different parties, and also sets out our health and safety requirements while on port. Some PCBUs are governed by more than one Authority to Operate. Napier Port will advise you of which one/s are applicable to you. 3
AUTHORITY TO OPERATE AT NAPIER PORT Safety Protocols Everyone who comes to Napier Port must read and understand the Individual Safety Guide, which is integrated into our Health and Safety Induction. It outlines Napier Port s minimum Safety Protocols which identifies the hazards and rules for staying safe while on port. Almost everywhere at Napier Port, aside from leased areas, has more than one PCBU operating within it. Napier Port will provide all PCBUs with copies of the Safety Protocols for your workers staff, contractors and visitors to help you keep them safe. It is your responsibility to ensure all your workers and visitors understand and abide by them. Licence To Operate (LTO) The Licence to Operate provides a formal link between Napier Port and all companies operating onsite, to ensure health and safety standards are meet. As a PCBU, the Licence to Operate applies to you and your business. The Licence to Operate sets out your health, safety and environmental obligations while operating at Napier Port including assessing risks and taking actions to eliminate or minimise them, adhering to the Safety Protocols and maintaining a Risk Register and Emergency Response Plan. The Licence To Operate is a formal contract that must be signed by Napier Port and a representative from your business. 4
AUTHORITY TO OPERATE AT NAPIER PORT Lease Agreement Lease agreements include the requirement to meet and maintain relevant health and safety requirements. The requirements contained within lease terms are in addition to those set out within this booklet. Commercial Terms Commercial contracts include the requirement to meet and maintain relevant health and safety standards. The requirements contained within commercial contract terms are in addition to those set out within this booklet. Contractor Pre-Qualification All PCBUs directly engaged by Napier Port must complete a health and safety pre-qualification process before being contracted. This is valid for two years. Napier Port uses the pre-qualification process to evaluate the potential contractor s health and safety management practices, to ensure they meet the required standard to operate safely at Napier Port. This includes evaluation of health and safety policies for identifying, managing, and monitoring risk, the PCBU s commitment to workplace health and safety, health and safety management systems and leadership. Contractors who pass pre-qualification can then proceed through to the selection process. 5
YOUR RESPONSIBILITIES What You Need To Do Under the Health and Safety at Work Act (2015), you have a Primary Duty of Care to ensure the health and safety of workers and others affected by your work, so far as reasonably practicable. As part of meeting your health and safety obligations, you need to: Identify who leads health and safety in your organisation. Ensure this person takes an active role in health and safety. Assess your activities, identify and monitor hazards and associated risk management. Ensure adequate resources are allocated to eliminate or minimise hazards and risks, so far as reasonably practicable. Ensure you have processes in place to fulfil your obligations as a PCBU. Keep your workers up-to-date on health and safety training, and engage with your workers on health and safety issues. Consult, cooperate and coordinate with other PCBUs, including Napier Port. In addition to your obligations under the Act, we expect you to comply with the policies, procedures and practices set out in this document and your Licence to Operate. What Your Workers Need To Do All workers need to: Take reasonable care for their own health and safety and people around them. Comply with the instructions of any PCBU operating on port with influence or control over their work (even if that PCBU is not their employer) and Napier Port. Co-operate with policy and procedures of the relevant PCBU and Napier Port. 6
YOUR RESPONSIBILITIES Consequences of Breaching Your Licence to Operate? Napier Port is committed to making every effort it can to train, communicate and remind port users of the minimum Safety Protocols. In the event a port user breaches the minimum Safety Protocols, enforcement action may follow. Wherever possible, communication and education should precede any enforcement actions. However, for serious or repeated breaches, Napier Port may escalate enforcement action. Enforcement may include, but is not limited to: Halting operator activity until corrective action is taken; Removing and/or denying port entry to an individual or individuals; Requiring an individual or individuals to re-complete Napier Port s Health and Safety Induction; or Restricting the type of activity or plant permitted to operate in common user areas. For repeated or significant company breaches, the company being temporarily or permanently excluded from the port. 7
ACCESS Bona Fide Reason Napier Port is a high-risk area only people who absolutely need to be here are allowed on-site. Napier Port Security may ask individuals seeking access to the port their reason for wanting access and may deny access if they do not deem it a bona fide reason (see Definitions, page 15) for access. Online Health and Safety Inductions Everyone must also complete Napier Port s Health and Safety Induction, before they can access the port. The induction is valid for two years, after which point, it must be renewed. The induction informs attendees about our Safety Protocols, and tests them, to ensure they understand and accept their responsibilities while on port. The Napier Port Health and Safety Induction can be completed online. Please visit our website to register: www.napierport.co.nz Identification When accessing Napier Port, you must also carry photo identification (eg driver s licence or passport). Please keep your photo ID on you while on port, as you may be asked to produce it at any time. 8
ACCESS Visitors A visitor is a person coming for a meeting, media visit or a port tour not a person carrying out work within operational areas of port. Visitors can come to Napier Port, with a bona fide reason, and have health and safety obligations while on port. As a PCBU, you are responsible for the safety of your visitors, while they are at Napier Port. The person responsible for this visitor is the person they are meeting with. We refer to this person below as the elected supervisor. Visitors must: Be pre-advised at Napier Port Security by the elected supervisor. Report to Napier Port Security on arrival. Carry photo identification (eg driver s licence or passport). Present photo identification to Port Security or a Port Facility Security Officer (PFSO) if required. Be transported from Napier Port security by the elected supervisor visitors cannot drive on port. Be briefed about the hazards and how to avoid them during their visit (please ensure this briefing is given the by the elected supervisor). They must also read the Individual Safety Protocols. Wear appropriate PPE, which shall be provided by the elected supervisor. Be escorted and actively supervised by an inducted port user at all times while on site. Comply, so far as is reasonably practicable, with health and safety instructions given by a PCBU on port. Cooperate with any reasonable health and safety policy or procedure of a PCBU on port. Take reasonable care for his or her own safety. If it is anticipated that the visitor will access Napier Port on a more regular basis, the elected supervisor is responsible for ensuring that the visitor completes our Health and Safety Induction. 9
COMMUNICATING ACROSS PORT Work Permitting For land-based Hot Work Permits contact Napier Port s Health and Safety Team on (06) 833 4340. For floating plant Hot Work Permits contact the Harbourmaster on (06) 835 9200. For Ground Penetration Permits Napier Port s Infrastructure Team on (06) 833 4428 / (06) 833 4331. Other permits may also apply; such as confined space, heights and high-pressure substances. Please contact Napier Port s Health and Safety Team, if you need to check which permit is required: HealthandSafetyGroup@napierport.co.nz Traffic Management Plans Napier Port has identified vehicular traffic as a critical risk on port. Managing this risk requires all PCBUs involved in traffic movements to consult, cooperate, and coordinate with each other. Where traffic movements may be of risk to others, an agreed Traffic Management Plan (TMP) must be developed and emailed to the Site Work Alerts email group prior to any traffic movement. All workers operating vehicles of any kind on port must have appropriate licenses and endorsements. All PCBUs on-port must keep a register of user licenses and evidence of training. Neighbouring tenants are expected to maintain regular contact and work together to resolve traffic issues and minimise hazards associated with their operations. If any disputes or unresolved problems arise, please contact Napier Port s Health and Safety Team. Road barriers must be in place while work is ongoing. Do not remove any road barriers installed by Napier Port or another operator. Do not enter any barricaded area unless authorized by the person controlling the area. 10
COMMUNICATING ACROSS PORT Site Work Alerts Napier Port is a high-risk area, and we expect you and your business to manage any risks accordingly. Site Work Alerts are an important tool in helping manage and mitigate risk. They communicate details about higher-risk activities to all Napier Port users. Site Work Alerts must be completed and emailed to port users prior to: Surveying or setting up a work site. Conducting an activity on port that may pose a risk to yourself or others. Please ensure that you ask your Napier Port contact person, contract manager or tenant if a Site Work Alert is required. Lock-Out Procedures A Lock Out is a procedure to shut down equipment not operating correctly, isolate it from its energy source and prevent it from use until the fault is corrected. A Lock Out Tag identifies faulty equipment and the worker who has placed the Lock Out on it. Only remove a Lock Out if you fitted it and the work is finished and safe, or the Lock Out has been signed over to you and the work is finished and safe. 11
COMMUNICATING ACROSS PORT Reporting Reporting helps us learn and make improvements. We expect the following to be reported: Incidents Accidents Near misses Injuries Hazards and controls The above should be recorded through internal reporting channels and a copy provided to your Napier Port contact person or contract manager. If someone is injured or emergency services are required, the incident must be reported to Napier Port Security immediately on (06) 833 4440. As a PCBU, operators have a duty to notify the appropriate regulator (eg WorkSafe or Maritime New Zealand) in the event of a notifiable event, as soon as possible. Napier Port also needs to be advised as soon as possible. All reports are entered into Napier Port s reporting database, Vault, which helps us to identify trends and control hazards on port. The relevant PCBU may be required to share the findings of an investigation at the Port Health and Safety Committee meeting. Failure to report will constitute non-compliance with these protocols and is a serious breach of these protocols. 12
SAFETY STANDARDS Drug and Alcohol Policy Napier Port has strict drug and alcohol controls. All port users are subject to Napier Port s Drug and Alcohol Policy. All PCBUs must develop, implement and maintain a drug and alcohol policy, to meet the requirements of Napier Port s Drug and Alcohol Policy. At a minimum, each PCBU s drug and alcohol policy should provide for pre-employment, postincident, random and reasonable cause drug and alcohol testing. Where Napier Port has reasonable grounds to believe any worker may be under the influence of drugs or alcohol, Napier Port may require a drug and alcohol test to be taken. Napier Port has zero tolerance for the sale, possession or use of illegal drugs or other mind-altering substances on its premises. Hazardous Substance Management All PCBUs must prepare and maintain a hazardous substances register for all products stored on port. This register should be provided to Napier Port annually or where there is a significant change. Information could include chemical safety data sheets and substance technical information. A risk assessment should be periodically carried out on hazardous substances and operating procedures. Controls implemented to monitor, eliminate or minimise identified risks so far as reasonably practicable should be regularly assessed for effectiveness and updated as required. All workers handling hazardous substances must be trained in their use and provided with appropriate PPE. Health surveillance should be conducted for workers who work with, near or are potentially exposed to hazardous substances. Hazardous substances must be stored and sign-posted appropriately. Controls must be in place to prevent, contain and clean up any spillage of a hazardous substance prior to the storage or movement of any hazardous substance. 13
SAFETY STANDARDS Emergency Planning In an emergency, call Port Security on (06) 833 4440. All PCBUs must have emergency procedures in place that cover a range of likely emergency situations on port and align with Napier Port s emergency procedures. These procedures must include, among other things: How to communicate with Napier Port and other port users in the event of an emergency. An instruction to notify Napier Port prior to emergency services arriving, to ensure emergency services unimpeded access to the port. Biosecurity at the Border Napier Port is a Ministry for Primary Industries Biosecurity Area and a Customs Controlled Area. Please report anything unusual (such as ants, spiders, mosquitoes, bugs, eggs, rats or feral cats) to Napier Port Security, so that this can be investigated and eliminated quickly. As a Biosecurity Area, pests such as rodents and wild cats are actively controlled. Yellow drums are dotted around the port and must be used for quarantine goods such as fruit, plants, animals or meat. Our Environment Napier Port is home to a number of native species including fur seals, little blue penguins and blackbilled sea gulls. All sightings of wildlife in operational areas of the port should be reported to Napier Port at animals@napierport.co.nz or to the Environmental Advisor directly. Please do not handle wildlife yourself this must be done by trained personnel authorised by DOC. All workers have a responsibility to prevent any environmental harm. This responsibility requires the appropriate disposal of waste in order to prevent contamination of storm-water systems and the marine environment. All spills are to be reported to Napier Port, contained, cleaned up and disposed of responsibly. Under the District Plan, Napier Port and all PCBUs operating here must limit the amount of noise and dust produced onsite. For more information on these limits please call Napier Port s Environmental Advisor on (06) 833 4515. 14
DEFINITIONS PCBU: A PCBU is a person conducting a business or undertaking. While a PCBU may be an individual person (eg a sole trader), in most cases the PCBU will be an organisation (eg a business entity such as a company). Primary Duty of Care: A PCBU must ensure, so far as is reasonably practicable, the health and safety of workers, and that other people are not put at risk by its work. This is called the Primary Duty of Care (see Health and Safety at Work Act 2015, Section 36). Licence to Operate: The Licence to Operate is for PCBUs wishing to operate at Napier Port, based on a risk-profile assessment. It is a formal agreement, and contains a number of obligations and conditions. It must be signed by both Napier Port and the PCBU. Bona Fide Reason: A bona fide reason is a verifiable, genuine and port-related business reason. PFSO: Port Facility Security Officer, pursuant to the Maritime Security Regulations 2004. 15
USEFUL CONTACTS AND LINKS Napier Port contacts: To complete an online induction go to: www.napierport.co.nz Contact the Napier Port Health & Safety team: Email: HealthandSafetyGroup@napierport.co.nz Phone: (06) (06) 833 4340 For other legislation relating to ports, please visit: Customs New Zealand: www.customs.govt.nz Ministry for Primary Industries: www.mpi.govt.nz WorkSafe New Zealand: https://worksafe.govt.nz Maritime New Zealand: www.maritimenz.govt.nz 16