Inquiries into alleged Covid test non-compliance at Napier Port

Napier Port Holdings Limited reported concerns with non-compliance by other employers to the DHB. Photo / File

WorkSafe, the Ministry of Health and Hawke's Bay District Health Board are investigating concerns over Covid testing compliance among border workers at the Napier Port.

A Napier Port Holdings Limited spokesperson said it hadbeen fully compliant in having 70 of its employees tested under the Required Testing Order.

However they said the Port had raised the issue of non-compliance by other employers on-site, of which there are 17, with the Hawke's Bay District Health Board (HBDHB).

"It is our understanding that this issue has been elevated to the Ministry of Health and that they are working with Worksafe and our local DHB to ensure all [persons conducting a business or undertaking] are meeting their legal obligations under the Required Testing Order," the spokesperson said.

A WorkSafe spokesperson said it would take appropriate action once it had clarity over the issues raised.

"WorkSafe's role as an enforcement officer for the Covid-19 Public Health Response (Required Testing Order) is focused on the duties of businesses to facilitate compliance with testing of their workers and record-keeping."

A February 5 weekly situation update from the Ministry of Health, released under the Official Information Act to the FYI website said the HBDHB had noted some concern regarding compliance, particularly around the testing of stevedores.

"The Ministry is discussing the concerns with the DHB and there is a good working relationship locally between [it] and the Port," the report said.

"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 [persons conducting a business or undertaking] compliance with the order."

The following week's situation update said the Ministry was still in contact with the HBDHB to ensure concerns were addressed.

"Some testing fatigue by workers and employers is being noted," the report said.

"Routine testing of port workers continues around the country, with DHBs reviewing testing processes and associated communications to ensure they remain fit-for-purpose."

A Napier Port spokesperson said on top of its own obligations it has provided the details of other port employers to the Hawke's Bay DHB, and communicated the testing requirements to those employers through a series of meetings, forums and notification alerts.

"Six times a year we meet with other port users specifically about [health and safety] and have reinforced Covid-19 requirements; and we have supported the DHB testing regime by providing space and a venue on port for regular testing (and now vaccinations) to take place," they said.

A DHB spokesperson said it had noted possible non-compliance of the mandatory testing order of these workers to the Ministry of Health based on anecdotal reports from Port management.

"The concern was supported by DHB testing numbers being lower based on initial estimates of affected workers," they said.

"However, given the differing testing requirements for different categories of worker, it was difficult to determine expected numbers in any given week."