COVID-19 Information and guidance for NZ workers aboard international ships - This information and guidance is for all New Zealand workers ...
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COVID-19 Information and guidance for NZ workers aboard international ships This information and guidance is for all New Zealand workers, including marine pilots and stevedores, who are accessing international vessels during COVID-19
COVID-19 Information and guidance for NZ workers aboard international ships Last updated: 27 October 2020 This document is uncontrolled if printed. Please refer to the Maritime New Zealand website for the latest version. In this guide 1. Introduction 4 2. Who should use this guidance and information 5 3. International ships and management of risks 6 4. Requirements for working aboard ships in our ports 6 5. Guidance for all NZ shipboard workers and ships’ crews 8 6. Additional guidance for marine pilots 9 6.1 Personal protective equipment (PPE) 10 7. New Zealand’s response to COVID-19 11 8. Health surveillance, testing, assurance and checks 12 8.1 Regular health checks and asymptomatic testing 12 8.2 Asymptomatic testing for surveillance 12 8.3 Safe work at the port 13 COVID-19 Information and guidance for NZ workers aboard international ships Page 1 of 17
8.4 Roles of Customs, Police and Maritime NZ 13 9. Risk management and control 14 9.1 Elimination – physically remove the hazard 14 9.2 Substitution – replacing the hazard with something less hazardous 14 9.3 Engineering controls – isolate people from the hazard 14 9.4 Administrative controls – change the way people work 14 9.5 Personal protective equipment (PPE) – the use of equipment such as gloves and respirators 15 10. Contact us 17 COVID-19 Information and guidance for NZ workers aboard international ships Page 2 of 17
1. Introduction The following information provides guidance to support New Zealand’s workers to carry out their critical functions aboard ships during the global COVID-19 pandemic. This information and guidance follows the principles of the Health and Safety at Work Act 2015 (HSWA) which sets out the duties and rights for all New Zealand employers, workers and others in relation to workplace health and safety. An overarching principle of HSWA is that workers and others need to be given the highest level of protection from workplace health and safety risks as is reasonable and practicable. It also links in the complementary requirements of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020 in relation to necessary work and the use of personal protective equipment. The objective of all parties in the ship/shore interface should be to keep everyone safe at all times, regardless of whether they are shore-based workers boarding an international ship or seafarers serving aboard the ship. What’s new in this guidance? Updated links to Ministry of Health information and other government resources Clarity around the application of the hierarchy of controls, and more detailed guidance on the use of PPE New guidance and requirements for reporting and responding to non-compliance Disclaimer Maritime NZ has produced this information and guidance in conjunction with other government agencies, and industry (including union and employer organisations). While Maritime NZ continues to monitor the COVID-19 situation and will endeavour to keep this material up to date with the current policies and legislation in place, due to the fast-changing nature of the situation this will not always be possible, and therefore this guidance may change without notice. This material does not constitute legal advice and does not replace any of the referenced legislation, their amendments, nor any legal instruments that may be in place now, or in the future which are, or may become relevant. Links to the latest legislative instruments which are, or may become, relevant to this guidance and information may be found on the Unite Against COVID-19 webpage here. The NZ Government disclaims and excludes all liability for any claim, loss, demand or damages of any kind whatsoever (including for negligence) arising out of or in connection with the use of either this guidance or the information, content or materials included in this guidance or on any website it links to. If you need professional advice, including advice about your legal obligations, you should see a professional advisor and not rely on the information, content or materials included in this guidance or on any website it links to. COVID-19 Information and guidance for NZ workers aboard international ships Page 3 of 17
2. Who should use this guidance and information? Guidance has been previously developed for marine pilots and stevedores. This document consolidates the previous (role specific) guidance and replaces it with information for the wider community of workers in the maritime sector who need to go aboard foreign ships in order to do their jobs. This community includes but is not limited to: marine pilots stevedores ships’ agents class surveyors providores and chandlers service engineers and technicians, including mechanics, shipwrights, welders, fitters, riggers, electricians, electronics technicians and compass adjusters fumigation technicians flag state inspectors, surveyors and auditors port captains, ship superintendents and technical superintendents employed by ship owners and ship managers cargo surveyors and supercargoes who ride ships from port to port in NZ livestock wranglers cargo load masters regional harbourmasters government officials, e.g. Maritime NZ, MPI Biosecurity, Ministry of Health, District Health Boards, Fisheries New Zealand, Customs, NZ Defence Forces and the Transportation Accident Investigation Commission (TAIC) first responders such as Fire and Emergency NZ, Police and St John’s chaplains, seafarer welfare advocates and volunteers from seafarers’ missions A “one-size-fits-all” approach to providing health guidance isn’t always effective. However, the relevant laws apply equally to all persons in the workplace. Further, we do all share physical space in a common shipboard workplace in which the risks from COVID-19 don’t change. This information and guidance is reflective of that. Where unique risks and risk controls are identified for specific types of workers, additional information has been provided. COVID-19 Information and guidance for NZ workers aboard international ships Page 4 of 17
3. International ships and the management of risks All ships trading internationally are required to have in place a Safety Management System (SMS) under the International Safety Management (ISM) Code. The SMS identifies shipboard risks and provides approved policies and procedures for managing those risks. As part of the ship-to-shore interface, PCBUs responsible for workers who go on board overseas vessels or interact with overseas crew must engage with ships’ masters to determine if they have appropriately identified and managed the risk from COVID-19. International maritime industry COVID-19 risk management information is available on the IMO website here and from Maritime NZ. 4. Requirements for working aboard international ships in our ports This section explains the mandatory requirements for all PCBUs and their workers when boarding international ships in New Zealand. 1. Under the Maritime Transport Act 1994, the master of a ship has responsibility for the safety of all persons on board. This, however, does not replace or reduce the responsibilities of New Zealand PCBUs and workers under HSWA, including the responsibility to consult, cooperate and coordinate with both a ship’s master as well as other New Zealand PCBUs and workers. 2. New Zealand PCBUs who are responsible for workers going on board vessels must apply the hierarchy of controls to the management of COVID-19 risks and incorporate the requirements of this guidance. This includes developing safe work practices, which must also be effectively communicated to workers and followed at all times. Overall risk management practices must be developed, implemented and enforced by the PCBU’s officers, managers and supervisors. 3. An overarching principle of HSWA is that workers and others need to be given the highest level of protection from workplace health and safety risks as is reasonable and practicable. This means that the first consideration must be to eliminate the risk entirely – is there a need to work aboard the vessel? If there is, how can the minimum number of people be exposed to the risk, for the minimum amount of time, and with the maximum amount of protection through the use of personal protective equipment? COVID-19 Information and guidance for NZ workers aboard international ships Page 5 of 17
4. Working aboard international ships in our ports (continued) 4. In addition to this, and in the context of the COVID-19 pandemic, the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020 specifies (s 24) that if a ship remains in isolation or quarantine, that no person may board the ship, except a person who undertakes a necessary task. They can only remain on the vessel to undertake that necessary task. While the person is undertaking that necessary task on board the ship (s 25) they must take reasonable steps to minimise the risk of an outbreak, or the spread, of COVID-19, by maintaining physical distancing (to the greatest extent practicable) from any person who is in isolation or quarantine, and by wearing personal protective equipment (PPE). This equipment should be suitable for the task being undertaken. A New Zealand PCBU may require the highest level of protection available (which might be masks and gloves at minimum) for workers and others in the workplace if that has been determined by the PCBU to be reasonable and practicable. 5. New Zealand PCBUs must ensure that all workers going on board a vessel have the appropriate PPE (Appendix 2) with them at all times and that workers are using the PPE when required by the master and by their PCBU. 6. The risk controls put in place by a New Zealand PCBU may differ from those required by the ship. In these situations, the PCBU must consider the overlapping nature of their duties with those of the ship’s master and follow the “consult, cooperate and coordinate” principles of HSWA. 7. If, following consultation with the ship’s master or another NZ PCBU, a PCBU cannot agree the COVID-19 risk controls to be observed aboard the ship, the matter must be referred to Maritime NZ for resolution. 8. The ship is not just a workplace - it is also the home of the seafarers who are aboard. It is expected that New Zealand workers will give the master and crew the same respect and consideration they would give upon entering any other workplace or home. 9. Non-compliance with a PCBU’s COVID-19 risk controls and safe work practices must be reported to a supervisor employed by the PCBU, to a Customs officer in the port, and to Maritime NZ. COVID-19 Information and guidance for NZ workers aboard international ships Page 6 of 17
5. Guidance for all NZ shipboard workers and ships’ crews This section provides best practice guidance that PCBUs should consider adopting where practicable. NZ workers should only board the ship when it is required to undertake necessary tasks, and should remain on board for the minimum time necessary to undertake those tasks. Appropriate PPE should be worn by NZ workers as required by the PCBU when on board the vessel. The nature of the PPE worn shall be considered with reference to risk exposure, and should take into account any necessity to enter the accommodation, bridge or engineering spaces of any international vessel. NZ workers should not enter the ship’s accommodation unless absolutely necessary, and then only under conditions that have been previously agreed with the master and are tightly controlled. Where other risk mitigations (such as disinfecting) are not being applied, workers aboard the ship should wear gloves when using gangways, hatches, and ladders, or when unavoidably coming into contact with any surfaces. Arriving crews should wear masks and gloves when boarding the ship from the wharf. Non-compliance with, or confusion about laws, regulations or a company’s risk management procedures, when identified, may require stopping work and leaving the shipboard workplace until it has been resolved and the workplace has been made safe again. Additional measures that should be considered by NZ PCBUs: Conducting individual ship risk assessments Obtaining details of specific risk controls and when to use them Providing information to workers on COVID-19, how it spreads, and the risks of exposure Developing and implementing procedures for PPE selection, use and disposal for specific tasks Promulgating cleaning and disinfecting protocols Consideration of reducing staffing levels, remote or on call working, physically separating crews from other workers and of team rostering separation Implement health surveillance, reporting and response processes for managing any ill health situations Making arrangements for workers with underlying health conditions COVID-19 Information and guidance for NZ workers aboard international ships Page 7 of 17
6. Additional guidance for marine pilots Marine pilots are considered higher risk workers due to the need for them to undertake their work on the bridge in close contact with the crew of ships arriving from overseas, where the extent of the risk and spread of infection may be unknown. For marine pilots, potential sources of exposure include close contact with a ship crew- member with COVID-19 and touching the nose, mouth, or eyes after contacting surfaces or handling items that a person with COVID-19 has touched. This section details additional guidance specifically for marine pilots and the PCBUs responsible for them. This guidance is not mandatory but may be considered by a PCBU alongside other information. Limit close contact with others when possible and consider taking the following steps: Request the ship’s master to disinfect the pilot’s workstations prior to the pilot boarding. Remind the ship’s master to limit crew contacts to essential personnel only including when boarding, escorting and during wheelhouse operations. Request the ship’s master to implement hand hygiene practices for anyone entering the bridge while the pilot is present and for maintaining physical distancing. Consider carrying hand sanitizer containing at least 60% alcohol for all pilotage assignments and use it to clean hands when soap and water are not available for handwashing. Use external stairs following a path of minimum exposure to anyone on board to access the ship bridge when possible. Do not shake hands with anyone aboard, including during the “master-pilot exchange”. Limit your use to one radar, workstation, avoid using, or sterilise prior to use, the ship’s binoculars etc. Avoid unnecessary contact with frequently touched bridge surfaces. Refreshment hospitality is a very common gesture from bridge team members to pilots. For the period of COVID-19 restrictions, to maintain personal health and wellbeing, pilots should decline refreshments. Following each pilot job, clean and disinfect radios, portable pilot units, life jackets and other items with an approved disinfectant against the virus that causes COVID-19. If approved disinfectant is not available, a diluted bleach solution prepared according to the manufacturer’s label for disinfection can be used. Care must be taken when cleaning electronic equipment with liquids – refer to the manufacturer’s instructions. Pilots should also be familiar with the port’s processes for ships that are undergoing quarantine. This includes being familiar with the port’s nominated places of anchorage for ships that require quarantine. COVID-19 Information and guidance for NZ workers aboard international ships Page 8 of 17
6. Additional guidance for marine pilots (continued) Personal Protective Equipment (PPE) The use of PPE such as face masks, goggles, face shields and gloves can reduce the spread of infection when used correctly. The mask is a first line of defence against body fluid droplets in either direction from nose or mouth. It has a secondary and equally important feature of stopping inadvertent touching of the face with potentially contaminated fingers. Pilots should note and manage the risks associated with wearing masks, including ensuring that: the potential for communication issues (due to an increased risk of pilots’ advice being misunderstood) are mitigated pilots have spare pairs of gloves on board with them in case they need to be changed, and to use hand sanitiser as appropriate the wearing of glasses and or hearing aids do not interfere with the optimal wearing of face masks if extended periods on the bridge of a ship are required, pilots may wish to consider using further protective measures such as face shields and protective suits (e.g. Tyvek). COVID-19 Information and guidance for NZ workers aboard international ships Page 9 of 17
7. New Zealand’s response to COVID-19 COVID-19 was first reported in December 2019 in Wuhan, China and has since spread to almost all countries of the world. In most cases, COVID-19 is a mild, self-limiting disease. In some cases, it can cause more severe illness including pneumonia and can lead to death. The time from the initial contact with the virus until symptoms develop is usually 5 to 7 days although it can be up to 14 days. In more severe cases, symptoms usually worsen gradually after they first appear. No vaccine or specific drug treatment is currently available, and the focus of public health authorities worldwide has been to contain the virus through preventative measures, in order to limit and slow down widespread transmission. Transmission occurs via droplet and surface contact. Enclosed spaces with groups of people have been identified as potentially high risk environments. This significant public health challenge requires close co-operation between flag and port states, shipping companies and other maritime service providers, to protect the health of seafarers and port personnel as well as the general public. In New Zealand’s COVID-19 elimination strategy is a sustained approach to keep it out, find it and stamp it out. We do this through: controlling entry at the border disease surveillance physical distancing and hygiene measures testing for and tracing all potential cases isolating cases and their close contacts broader public health controls depending on the alert level we are in. Our national strategy can be seen here. The New Zealand Government has announced measures to strengthen the maritime border which are specified in the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020. The order will be updated as necessary. Ministry of Health maritime sector information may now be found here. While the New Zealand Government has placed restrictions on maritime crews disembarking the ship, stevedores and other essential workers are still permitted to board international ships, subject to taking appropriate steps to manage health and safety and by following Ministry of Health guidance. The emergence of and response to COVID-19 does not affect stevedore workers’ rights to cease or refuse to carry out unsafe work as detailed in section 83 of the HSWA. COVID-19 Information and guidance for NZ workers aboard international ships Page 10 of 17
8. Health surveillance, testing, assurance and checks The Ministry of Health COVID-19 Public Health Response (Required Testing) Order 2020 contains the current requirements for NZ workers in the maritime sector to fully participate in the government testing strategy. The Required Testing Order involves a range of elements setting out a programme of asymptomatic testing for surveillance purposes. 8.1 Regular health checks and asymptomatic testing Employers of workers who board or interact with the crew of foreign vessels should be undertaking daily health checks of their staff. This should include asking staff if they have symptoms consistent with COVID-19. If any symptoms are reported, the staff member should be instructed to seek medical assessment, get tested and advise their doctor that they are a border-facing worker. Employers must ensure their employees are properly advised about access to testing. See the latest information from the Ministry of Health here. 8.2 Asymptomatic testing for surveillance From 17 September 2020, certain “higher-risk” workers at New Zealand ports who board vessels arriving from international ports or interact with the crew as part of their role, are required to undergo testing. These requirements have been incorporated into the Required Testing Order. The Required Testing Order is applicable to the following groups of port workers: Pilots (other than excluded port persons) carrying out work on or around affected ship Stevedores (other than excluded port persons) carrying out work on or around affected ships Persons (other than excluded port persons) who board, or have boarded, affected ships Workers who transport persons to or from affected ships. Excluded port persons are those who are in isolation or quarantine on a ship under a COVID-19 order. Affected ship means a ship with any person or persons on board who are required to be in isolation or quarantine. Testing may either be carried out at clinics at the port, by referral to a community testing centre or by referral to a general practitioner for those not able to access testing sessions at the port. COVID-19 Information and guidance for NZ workers aboard international ships Page 11 of 17
8. Health surveillance, testing, assurance and checks (continued) Testing port workers who do not have COVID-19 symptoms helps us understand the risk of community spread of COVID-19. Asymptomatic testing is one of a number of assurance activities to monitor the effectiveness of various risk controls. As maritime port workers you will be offered COVID-19 testing because you work at New Zealand’s international border and, in the course of your work, you may be exposed to someone infected with COVID-19. The Ministry of Health, local District Health Boards and individual port authorities have worked together to establish procedures to arrange tests for workers at affected ports. Information is available from employers and District Health Boards about testing schedules, how staff can access testing, and how often they should get tested. The latest testing guidance and requirements from Ministry of Health can be found here. 8.3 Safe work at the port Workers should know and follow the requirements of this guidance, their PCBU’s own procedures, and any specific guidance for safe work at the port before undertaking work. 8.4 Roles of Customs, Police and Maritime NZ Customs and Police have the primary role in enforcing the Maritime Border Order. Customs and Police will monitor the application of the Maritime Border Order at New Zealand ports on a 24/7 basis. This involves actively monitoring compliance, reporting breaches when necessary and supporting enforcement action. Customs also work with border agency partners to ensure port authorities, ship agents, crew and anyone else working on or near a ship fully understand and are compliant with the Maritime Border Order and associated Health Orders. Customs officers and police constables have been given certain powers of enforcement under the COVID-19 Public Health Response Act 2020. These include the powers of entry, power to give directions, and to require persons to provide identifying information. Police constables also have additional powers in relation to road closure, vehicle stopping, and business closure. These powers may be exercised by an enforcement officer where they have reasonable grounds to believe that a COVID-19 Order is not being complied with, or where necessary for the purposes of enforcement of the applicable Order. These powers are supported by a range of infringement offences. Maritime NZ is the health and safety regulator for work on board ships and for ships as workplaces. Matters of health and safety in the shipboard workplace may be directed to Maritime NZ and all incidents must be reported. COVID-19 Information and guidance for NZ workers aboard international ships Page 12 of 17
9. Risk management and control A key principle of HSWA is the requirement for a systematic risk and hazard management process to identify potential and actual sources of harm. Section 6 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 refers to responsibilities for managing risk through the application of the Hierarchy of Controls that must be met by a Person Conducting a Business or Undertaking (PCBU). The idea behind this hierarchy is that the control methods at the top of the hierarchy are potentially more effective and protective than those at the bottom. Following this approach normally leads to the implementation of inherently safer systems, where the risk of illness or injury has been substantially reduced. Individual risk controls are rarely one hundred percent effective all of the time. Applying multiple risk controls combined with assurance processes to ensure the controls are working as designed, will increase the overall effectiveness of management of the risk. The section below details the “hierarchy of controls” as applied to the management of the risks of COVID-19. The list of controls is not exhaustive and other risk controls may be used to supplement those detailed here. The section below is intended as supporting information to be read in conjunction with Sections 4-6 of this guidance. 9.1 Elimination – physically remove the hazard Elimination of the hazard is the most effective measure to reduce risks. Work on board should not be conducted if it is unsafe. All PCBUs should continue to review work routines in order to eliminate the need to go on board and, when it is needed, to limit the number of personnel needed on board whenever possible. 9.2 Substitution – replacing the hazard with something less hazardous There are currently no substitution risk controls identified. 9.3 Engineering controls – isolate people from the hazard The use of radios/telephones/email communication methods serve to avoid the need for face to face communication. The use of approved disinfectants and dispensers are other examples of engineering controls. 9.4 Administrative controls – change the way people work Where it is not possible to fully eliminate the hazard, consider whether there are opportunities to change the work practices to further minimise the risk. The risk of contracting COVID-19 can be reduced by minimising the onboard element of the work, by separating crew from shore side workers, by physical distancing, by reducing close contact duration and by implementing good hygiene practices. COVID-19 Information and guidance for NZ workers aboard international ships Page 13 of 17
9. Risk management and control (continued) 9.5 Personal protective equipment (PPE) – the use of equipment such as gloves and respirators PPE provides protection for workers when all other control measures can’t adequately eliminate or minimise risks to a worker’s health and safety. The effectiveness of PPE can be increased when combined with other risk controls in the hierarchy. Employers are responsible for ensuring all workers boarding a ship that has come from overseas have access to facemasks and gloves, and for ensuring compliance with s 25 of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020, which requires persons who undertake a necessary task and who board a ship that remains in isolation or quarantine to wear appropriate PPE. New Zealand PCBUs may wish to consider providing additional PPE items for situations in which prolonged exposure (less than two metres distance or greater than 15 minutes or both) might be unavoidable. For these occurrences, face shields, goggles/eye protection, and disposable coveralls should be provided. Further information on PPE use for non-health workers can be found on the Ministry of Health and WorkSafe websites. Apply the required PPE before initiating any close contact with the ship’s crew. The PCBU is responsible for ensuring that PPE is suitable for use for in the unique circumstances / conditions of work. This may require workers to use alternative PPE, however all PPE should provide as a minimum the same level of protection as that listed here. Face masks masks are only effective on a clean shaven face where the mask will seal around your face clean your hands before putting on a mask pick up the mask by the straps and put the straps over your head adjust the straps to make the mask fit comfortably for N95/P2 facemasks - squeeze the nose piece to ensure a tight fit around your nose if taking off the mask between shifts/break, do not put the mask on a shared use surface refit as above dispose used masks in the general rubbish at the end of the shift. COVID-19 Information and guidance for NZ workers aboard international ships Page 14 of 17
9. Risk management and control (continued) Nitrile Gloves wash your hands pick up nitrile gloves by the cuff and put them on (these are not made of latex) at the end of the shift, clean the high touch surfaces on equipment and tools being used keep gloves on after disembarking the ship take off one glove touching only the cuff of the glove, fold that glove in on the other. Dispose of gloves in general rubbish wash your hands. COVID-19 Information and guidance for NZ workers aboard international ships Page 15 of 17
10. Contact us Maritime NZ is continuing to monitor the situation and will update this guidance as appropriate. Maritime NZ will maintain contact with the industry and can be contacted by email: MNZCovid-19@maritimenz.govt.nz Additional information Stay informed. Talk to your employer or designated person responsible for responding to COVID-19 concerns. Use these resources for more information on worker exposures to COVID-19: Ministry of Health Maritime New Zealand WorkSafe New Zealand Ministry of Business, Innovation and Employment New Zealand Customs Service International Maritime Organization International Labour Organization International Chamber of Shipping BIMCO International Marine Pilots’ Association COVID-19 Information and guidance for NZ workers aboard international ships Page 16 of 17
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