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COVID-19 Guidance for NZ Pcbus and Their Workers Aboard Affected Ships

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COVID-19 Guidance for NZ Pcbus and Their Workers Aboard Affected Ships COVID-19 Guidance for NZ PCBUs and their workers aboard affected ships This guidance is for all New Zealand PCBUs and their workers who are boarding any ship that arrives in New Zealand that has persons on board who are in isolation or quarantine to undertake a necessary task during the COVID-19 pandemic COVID-19 Guidance for NZ PCBUs and their workers aboard affected ships Page 1 of 26 COVID-19 Guidance for NZ PCBUs and their workers aboard affected ships Last updated: 20 May 2021 This document is uncontrolled if printed. Please refer to the Maritime New Zealand website for the latest version. In this guide 1. Introduction 4 Part one: Risk management for boarding and working on affected ships safely 2. Duties, obligations and responsibilities 6 3. Risk management and control 8 4. Obligations on workers when undertaking necessary tasks on a ship 9 5. Boarding affected ships to undertake a necessary task 10 5.1 Boarding an affected ship 10 5.2 Safely undertaking a task 11 6. Maritime border worker testing, vaccinations and the roles of Government agencies 13 6.1 Regular health checks and asymptomatic testing 13 6.2 Staff sickness 13 6.3 Vaccinations 13 6.4 Roles of Customs, Police, WorkSafe and Maritime NZ 14 COVID-19 Guidance for NZ PCBUs and their workers aboard affected ships Page 2 of 26 Part two: Infection prevention controls 7. Infection prevention controls 16 7.1 Hand hygiene 16 7.2 Coughing or sneezing 17 7.3 Avoid touching your face 17 7.4 Physical distancing 17 7.5 Gloves 17 7.6 Face masks 18 7.7 Order for putting on PPE 19 7.8 Order for taking off PPE 19 8. Cleaning 20 8.1 Basic principles of cleaning and disinfection 20 9. Contact us 21 Appendix 1: How to wear a face mask safely 22 Appendix 2: How to remove a face mask 23 Appendix 3: Non-medical (fabric) masks 24 Appendix 4: Sample risk assessment and control guide 26 COVID-19 Guidance for NZ PCBUs and their workers aboard affected ships Page 3 of 26 1. Introduction This guideline is for all New Zealand PCBUs and their workers who are accessing affected ships during the COVID-19 pandemic. Part one of this guideline describes the mandatory actions PCBUs and workers must take when boarding a ship to undertake a necessary task. This only applies to ships that have arrived in New Zealand that have persons on board who are in isolation or quarantine. Clause 25 of the Maritime Border Order No 2 places obligations on persons who board a ship to undertake a necessary task. All workers who board a ship in isolation or quarantine must take all reasonable steps to minimise the risk of outbreak, or the spread of COVID 19. These reasonable steps are specified in Maritime Border Order No 2. The first two steps are to maintain physical distance and to minimise the time spent on the ship. The third step, which is the principal focus of this guideline, is to wear personal protective equipment (PPE) of a type, and in a manner, consistent with the contents of this guideline. To reduce the risk of future COVID-19 outbreaks or spread, the New Zealand Government has implemented a testing strategy and is making a vaccine available. Regular testing is part of our rapid response to detect any cases so we can eliminate COVID-19. Government also has a plan to provide a free vaccine to protect everyone in Aotearoa. First, we’re protecting those most at risk of catching COVID-19 in their workplace. Part two of this guideline sets out a range of best practice controls that workers can use to reduce the risk of contracting COVID-19. Where Part two explains the type and manner in which PPE must be worn, these are mandatory requirements for workers. Part two was developed based on material provided by the Ministry of Health. All ships trading internationally are required to have in place a safety management system (SMS) that identifies risks and sets out approved policies and procedures for managing those risks. The guidance in this document reflects the New Zealand legal requirements. A PCBU means a Person Conducting a Business or Undertaking. PCBU is a broad concept used throughout HSWA to describe all types of modern working arrangements which we commonly refer to as businesses. 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 current policies and legislation, due to the fast-changing nature of the situation this may 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. COVID-19 Guidance for NZ PCBUs and their workers aboard affected ships Page 4 of 26 1. Introduction (continued) Disclaimer (continued) 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 adviser and not rely on the information, content or materials included in this guidance or on any website to which it links. Who should use this guidance and information? This document is intended for those PCBUs and workers at the maritime border. This specifically includes PCBUs, and their workers who board ships, while acting in the normal course of their work, to undertake necessary tasks aboard ships1. This may include: 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, Immigration New Zealand, district health boards, Fisheries New Zealand, Customs, NZ Defence Force and the Transportation Accident Investigation Commission (TAIC) first responders such as Fire and Emergency NZ, Police and St John New Zealand chaplains, seafarer welfare advocates and volunteers from seafarers’ missions 1 As described in the Public Health Response (Maritime Border) Order No 2 (2020). COVID-19 Guidance for NZ PCBUs and their workers aboard affected ships Page 5 of 26 Part one: Risk management for boarding and working on affected ships safely Part one of this guideline describes the mandatory actions PCBUs and workers must take when boarding a ship to undertake a necessary task. This only applies to ships that have arrived in New Zealand that have persons on board who are in isolation or quarantine. 2. Duties, obligations and responsibilities There are key pieces of legislation that overlap when it comes to public health and workplace health and safety during the current pandemic: 1. Maritime Transport Act 1994 The master of a ship has responsibility for the safety of all persons on board. A ship master’s responsibilities do not replace, remove or modify a person’s duties or obligations to comply with Health Orders or HSWA. 2. Health and Safety at Work Act 2015: 2.1 All PCBUs operating at the border – which includes ports – need to manage the critical risk of exposure to COVID-19. As part of managing this risk, PCBUs and workers need to continue to meet their obligations under HSWA. Meeting HSWA obligations means putting measures in place to prevent workers from being infected with COVID-19, so far as is reasonably practicable. 2.2 New Zealand PCBUs who are responsible for workers going on board ships to undertake necessary tasks should apply the hierarchy of controls to the management of COVID-19 risks in consultation with their workers 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 PCBU’s. PCBUs have a duty to manage specified risks through the application of the hierarchy of controls. COVID-19 Guidance for NZ PCBUs and their workers aboard affected ships Page 6 of 26 2. Duties, obligations and responsibilities (continued) 2.3 The Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 impose duties on PCBUs and workers in relation to PPE. Further information on PCBUs and workers duties in relation to PPE is available here at: https://www.worksafe.govt.nz/topic-and-industry/personal-protective-equipment-ppe/ 2.4 New Zealand PCBUs must ensure so far as reasonably practicable, that all workers going on board a vessel have the appropriate PPE with them at all times and that workers are using the PPE when required by Maritime Border Order No 2 or by the ship’s master. 2.5 If, following consultation with the ship’s master or another NZ PCBU, a PCBU cannot agree to the COVID-19 risk controls to be observed aboard the ship, the matter could be referred to Maritime NZ for resolution.
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