Testing of border workers is touted as a crucial line of defence against Covid-19, but one port is concerned that some self-employed workers and companies aren't following the law
WorkSafe is investigating reports of workers at Napier Port failing to comply with mandatory Covid-19 testing requirements – a vital part of the country’s protection against a new community outbreak.
Last August, the Government introduced a compulsory test requirement for border workers after that month’s community outbreak in Auckland put the spotlight on substandard testing rates.
Two months later, a worker at the Ports of Auckland tested positive for the virus in the community and sparked brief concern about the risk of onward transmission.
While the man had been undergoing fortnightly testing, it emerged that foreign crew members on the same vessel as him had not been tested despite shorter stays in managed isolation.
A vessel with close contacts of the community case, the Ken Rei, was denied access to Napier Port until the crew tested negative for Covid-19.
That case led the Government to strengthen the requirements for border workers, increasing the frequency of testing for higher-risk employees and introducing a mandatory test for port workers who had not already been covered by the rules.
But concerns have been raised about the adherence of self-employed contractors, agencies and other companies falling under the broad definition of Persons Conducting a Business or Undertaking, or PCBUs.
A February 5 weekly situation update from the Ministry of Health, released under the Official Information Act to the FYI website, said the Hawke’s Bay District Health Board had “noted some concern regarding compliance of Napier port workers with the Required Testing Order, with the testing of stevedores noted as a particular concern”.
'Some testing fatigue'
“The Ministry is discussing the concerns with the DHB and there is a good working relationship locally between the PHU [public health unit] and the port," the report continues.
“If the Ministry identifies that the issue is not being resolved satisfactorily at the local level, the Ministry will consider raising this with Worksafe – the lead agency for PCBU compliance with the order.”
In the following week’s update, the ministry said it remained in contact with the DHB to ensure the concerns were being addressed, while routine testing of port workers continued around the country.
DHBs were reviewing their testing processes and associated communications to ensure they remained fit for purpose, with “some testing fatigue by workers and employers”.
A spokesperson for Hawke’s Bay DHB told Newsroom it had been made aware of possible non-compliance with the testing order “based on anecdotal reports from port management”, supported by testing numbers being lower than expected based on initial estimates of affected workers.
However, it was difficult to determine expected numbers in any given week due to the differing testing requirements, as well as the fact some port workers worked at multiple ports and may have completed their testing in other districts.
The DHB continued to review all aspects of the Covid-19 border regulations and follow up any issues of concern or non-compliance with the Ministry of Health, the spokesperson said.
A Ministry of Health spokesperson told Newsroom it was “aware that Hawkes Bay DHB is working constructively with Napier Port to encourage third party employees and self-employed contractors at the port to meet their obligations as PCBUs under the Required Testing Order, and remains in contact with them about this”.
Workers within the scope of the testing order were responsible for undergoing tests every one or two weeks, while employers had to notify their workers of that requirement, allow them to be tested during working hours if necessary, and keep a record of their employees’ testing status.
“As they are not our employees, we are therefore unable to enforce testing of them under the order.”
– Napier Port
A Napier Port spokesperson said the company had been working actively with the Hawke’s Bay DHB to ensure it was fulfilling its testing obligations, with about 70 employees involved in a regular, “strictly implemented” testing regime.
However, it was just one of the employers at the port, with around 17 PCBUs operating, including those that employed stevedores.
“As they are not our employees, we are therefore unable to enforce testing of them under the order.”
Last August, the port had set up a working group with the DHB, Customs and Maritime NZ to oversee border management. It had also provided details of the other PCBUs at the port to the DHB, made sure those companies were aware of the testing requirements, and provided space at the port for regular testing – and now vaccinations – to take place.
A WorkSafe spokeswoman said the regulator had been made aware of the Napier Port concerns by the local medical officer of health, adding: “We are making inquiries and will take appropriate action once we have clarity over the issues raised.”
The organisation’s enforcement role for the testing order focused on the duties of businesses to help their workers get tests and keep accurate records, the spokeswoman said.
