THETRANSPORT DEC WORKER The2020 journal of the RMTU – NZ's largest specialist transport union PM at Hillside 2 CONTENTS EDITORIAL ISSUE 4 • DECEMBER 2020 5 COVID-19 Wayne Butson, General secretary RMTU Port members are reporting incidents of poor Covid-19 management. 15 CONFERENCE 2020 In fear of NZTA ELCOME to the final issue of your magazine for 2020 and hope and trust you enjoy the read. 2020 is a year that I am keen to see the Phil Twyford launches Rail Safety week. end of. Even though I have been doing union work for 30 years I have often times been outside my comfort zone and this year there have been far too many new experiences for comfort. WDuring COVID-19 we have seen the best and worst of employers. We will remem- ber the good ones and will certainly take note of the mean spirited and petty as well. The young and the old combined in It has been a welcome relief that the doomsayers – who had the housing market, great camaraderie to celebrate 25 years our economy and world markets collapsing – have all been proven to be wrong. In of the Rail and Maritime Transport fact our housing market has gone nuts. Union in Wellington in October and dis- But 2020 will be especially memorable to me for three major factors. The first is cuss the most pressing issues at hand. the landslide election of a Labour-led Government, the second the stellar success of Here RMTU president Aubrey Wilkinson our 25th Anniversary Conference including the launch of the special edition of our shares some stories with life member Union history and the third is my pride in the dedication and calibre of our RMTU Ian Wilkie. staff during this trying period. I am privileged to work with an army of highly trained, skilled, passionate and loyal delegates and Union leaders for YOU! As you all know the RMTU has led the fight to improve rail safety in New Zealand since 1999. A ministerial inquiry into rail safety in 2000 saw the creation of COVER PHOTOGRAPH: In the lead up to the Railway Act (2005). A good account of the lead up to that inquiry and its aftermath the election, Prime Minister Jacinda Ardern is chronicled in Hazel Armstrong’s book ‘Your life for the job’ first released in 2008. made a visit to the Hillside Workshop. See Its second edition was released at our 25th Anniversary Conference and I urge you to page 6. get a copy from our National Office and read it. We have now gone 12 years without a fatality within rail which is a milestone in itself – but also it is not a coincidence. It is because your Union and rail employers have worked together to make a mean- ingful step change in H&S within the industry. The RMTU is one of the few unions The Transport Worker is published by the Rail and Maritime Transport Union, in New Zealand to have a dedicated H&S organiser and is certainly the smallest in P O Box 1103, Wellington, membership numbers. This is the Union putting its money where its principles are! Aotearoa–New Zealand. Since 2005 the NZTA (Waka Kotahi) has not enacted a single regulation nor Design and production by Mike Regan. undertaken a prosecution (until KiwiRail this year for a track worker amput- ation). The RMTU has questioned the rail regulation function within this agency Printed by Pivotal+Thames Publications Ltd, P O Box 11–025, Wellington. since its inception. The rail regulatory unit has had a large number of reviews conducted upon it and I believe all have been highly critical of its culture, competency, capacity and capability. WWW.RMTUNION.ORG.NZ Now, for whatever reason, NZTA has adopted a strict liability interpretation of the Railways Act and, in my opinion, are now undermining worker-driven H&S and ISBN 1173–6488 workplace fairness gains made jointly by employers, workers and their unions to fill The Transport Worker • December 2020 LETTERS 3 the past vacuum of regulatory failure. The Union and rail employers use well-founded, understood and Commemoration appreciation established investigation techniques and just fair culture practices on a day-to-day basis to deal with low level incidents or issues within the rail Dear Editor, industry. NZTA’s adoption of strict liability now sees them interview- A thank you to the Otago membership from a family ing all workers and initiating all investigations under caution. Such a member for the Waipahi commemoration blanket approach is not a practice endorsed nor utilised by Worksafe This time of year is a timely ‘kick in the pants’ to NZ or, to my knowledge, any other transport regulator in New Zealand remind me that a sincere thank you is a long time overdue outside of the road industry and the Police. for you all, your colleagues and KiwiRail in putting on We fear this approach of blanket caution will have a chilling effect the commemoration. on the reporting of near miss and other H&S incidents and hazards The effort that you went to was beyond expectation. and is significantly increasing the stress upon key safety critical work- From the beginning when you first contacted us to the ers in the industry. end, stepping off the train back in Dunedin, you made In my opinion such a blanket approach is silly and it is counter- it a smooth journey. productive, to say the least, to having a robust H&S culture in the To be invited and included to take the trip on workplace. October 20, 2019 with so many others, to stand at the site For example, the recent school bus fatality at Feilding saw a school at Waipahi with so many others around, to hear speeches bus run into the side of a train. The collision occurred behind the and have the powerful cries of the kapahaka with the haka locomotive and out of view of the locomotive engineer. NZTA requested is an honour and gift which has been imprinted on our an interview with the loco engineer under caution. Why we ask? What hearts and minds and leaves us with better memories in possible liability could lie with the LE? a place of loss. Another example is a signal passed at danger in the notorious We are sure Graham would have been very very Wellington ‘throat’ in November 2019. NZTA investigated and found proud of all involved. systemic issues (amongst other things) in the signalling arrangement You did a fantastic job of acknowledging all those and released a report in April. Shortly thereafter they initiated an inter- involved in the aftermath of the accident which took nal peer review of this report and then issued a letter to the employer, Graham’s life at Waipahi. Transdev Wellington, which advised they were withdrawing the April I hope all is well with you, your family, friends and report and substituting it with the internal peer review version and work colleagues in this very changed year. that they would have prosecuted the worker and the employer, but We are sorry we did not catch up with you in per- for the passage of time. son to thank you for all that you put into the Waipahi This is unprecedented behaviour and has caused horror within commemorations so again we say a very big and grateful the industry. 'thank you' for the memories you have given us. The RMTU fears for the long term impact on the rail industry if this Judith and Vivienne Kerr approach is permitted to continue. This could set us back 20 years in safety culture and approach. There must be no barriers to workers Conference kudos reporting incidents or issues which affect the safety of the workplace Dear Editor, Previously the RMTU has called for the H&S regulation of rail to Congratulations on a well run 25th Anniversary function. be removed from NZTA and placed with Worksafe NZ. We remain of a Bev and I thank you all at RMTU for the first class view that it is inappropriate for NZTA to be a funder of rail, as envisaged evening. under the National Land Transport Fund mode neutrality approach, and We enjoyed meeting many of the Conference dele- to be a regulator at the same time. We have urged the new Transport gates. I was impressed by the level of their representation. and Safety Minister (Michael Wood) to look at this agency’s approach Our Union clearly has a guarantee of a very strong and function as a priority for this term of government. future. On behalf of the Union president, NMC members and staff, I hope Best regards to you all and trust that you and yours will all see out the Christmas/New Year Bev and Peter Harris holiday period safely and soundly. We are all told that the home and (Life Member). our work are dangerous places but I reckon New Zealand roads over the holiday season are as bad. So please make sure you stay safe at all times. Retirements Wishing each and every one of you a Merry Christmas and a happy and joyous 2021. Dear Editor Be RMTU and I know that 2021 will be a prosperous year for us all! Having retired in April this year after 48 years service in Nāga mihi nui. the locomotive branch I wish to tender my resignation from the RMTU. I have throughly enjoyed my time in the rail industry Correction and I would like to thank you the RMTU and my work Our apologies to Stuart Lawson who was somehow moved to Otaki in mates for the support given over the years.