December 09, 2009

$115,000 fines for outfall project safety breaches

By David Clarkson

Ocean outfall builders McConnell Dowell Constructors Ltd have been fined $115,000 for safety breaches relating to the operation of their Flexifloat barge off the Canterbury coast.

In one incident, the barge broke free of its tow-lines and was drifting with no power of its own and 11 people on board, below Godley Head in foul weather.

Judge Raoul Neave imposed the total fines on four charges, after half a day of hearing legal submissions on sentence in the Christchurch District Court.

The company had admitted breaches in two incidents relating to the outfall project now under construction to take a Christchurch sewage outfall several kilometres offshore into Pegasus Bay.

It admitted two offences under the Health and Safety in Employment Act of failing to take all practicable steps to ensure the safety of its employees, and two charges under the Maritime Safety Act.

In the first incident on October 28, 2008, the barge was being brought into Lyttelton Harbour by the tug Waiomana in bad weather when a line broke. An employee went aboard the tug to try to fix the problem, and while he was on board the other two lines also broke.

This left the barge adrift without power near Godley Head with no-one aboard who knew how to lower the main anchor. The staff member on the tug directed those on board the barge by radio and the anchor was dropped before another tug brought the drifting vessel under control.

The company then put a rule in place that the barge was not to carry passengers as it moved to and from the worksite offshore.

About 12 weeks after the original incident the barge was seen under tow, with people aboard who were later identified.

Defence counsel Grant Nicholson said the company?s rule had been clear, but it had not been followed by staff. Since then, one staff member had left and another had been dismissed.

He emphasised that no-one had been hurt in either incident and the company?s management systems had worked.

He said McConnell Dowell had a ?living, breathing? approach to safety and it was entitled to credit for its safety record.

Crown prosecutor Pip Currie said any fine imposed ?should have some bite? so that large companies could not simply regard fines as an unfortunate business expense.

Judge Neave noted that the company disputed Maritime New Zealand?s contention that it was only by good luck rather than good management that there were no casualties.

He said the company?s record had been virtually exemplary since the Health and Safety in Employment Act had come into force. ?This indicates to me it is a company that takes its responsibilities seriesly.?

He noted that the company had put a rule in place barring the carrying of passengers on the Flexifloat before the second breach was noticed.

?This was a failure by someone in a position of authority and that?s a relevant factor,? he said. ?It is important to recognise that the defendant company cannot divorce itself from the activities of its employees.?