An employee at a port company feared for his life after plunging 12m from a ship into the sea at night, disoriented and unsure of which way was up.
In court, the stevedore from Port Nelson shared his harrowing experience, expressing his terror at the time and the emotional turmoil he faced following the incident, especially the lack of immediate assistance after his fall.
The fall occurred when a guard rail on the ship collapsed while he was assisting with container loading.
Reading from his victim impact statement, the man described the terrifying moment of falling from a great height into the water and believing he was going to die.
Port Nelson Limited had previously admitted guilt to a charge under the Health and Safety at Work Act for failing to ensure a safe work environment.
The company was fined $110,000 in the Nelson District Court and ordered to pay $5000 in emotional harm reparation to the victim, who not only suffered physical injuries but also post-traumatic stress disorder from the near-death experience.
Judge Jo Rielly acknowledged that while Port Nelson played a significant role in the incident, other factors contributed as well. Issues with the guard rails had been raised before, but communication breakdowns prevented the concerns from being addressed.
Plunging into the Sea in Work Attire
The victim, whose identity remains protected, had started working as a stevedore at Port Nelson in May 2022 and later began training as a container deckhand.
During the arrival of the container ship, Maersk Nansha, in mid-January 2023, the victim began his shift overnight. His duties included “spotting” containers, a task for which he had not received proper training, according to Judge Rielly.
Although the victim was aware of some unsecured guard rails, it was unclear if he knew the specific risks in the area where he was working.
Standing alone on the ship’s edge without a buddy, the victim experienced a sudden fall of 12m after a rail snapped, sending him into the dark sea in his work attire, including a hard hat and heavy boots.
After surfacing, he struggled to attract attention due to damaged communication devices, ultimately swimming to safety and climbing up rocks to escape the water.
The victim recounted feeling disoriented and panicked after the fall, with nightmares persisting about the incident.
Judge Rielly noted the fortunate outcome of not falling onto the dock and highlighted the victim’s distress at being held responsible for the accident.
Remorse and Accountability
Maritime NZ, serving as the prosecutor, indicated that the vessel’s crew had been informed about the guard rail issues by Port Nelson staff, prompting questions about where the duty of care had failed.
The delay in charging from the time of the accident raised concerns, affecting the victim’s well-being. Port Nelson’s lawyer, Garth Gallaway, acknowledged the victim’s suffering and shared responsibility between the company and the regulator.
Port Nelson expressed genuine remorse for the incident, emphasizing its commitment to prioritizing health and safety. The company implemented significant changes post-incident and vowed to maintain a focus on safety.
Judge Rielly commended the company for its guilty plea, cooperation, and proactive steps to prevent similar incidents, leading to a reduced fine starting point of $200,000.
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