07:45 am, Tuesday 29 July, 2008

Source: The Southland Times

The Employment Relations Authority has ordered New Zealand Aluminium Smelters to pay $5000 to a Tiwai Point aluminium smelter employee after he suffered continuing skin rashes arising from his work.

Martin McAtear, an Engineering, Printing and Manufacturing Union member, had sought $10,000 compensation in an authority hearing against the smelter, saying a recurring skin rash that appeared over an 18-month period did not need to happen.

If his crew leader, Douglas Ronald, had acted on his requests to be put on crane-driving duties from time to time, instead of being mostly confined to a hot working environment at the “fires”, his heat rash would have been controllable, Mr McAtear said at the hearing earlier this year. Instead, it worsened and became infected.

Mr Ronald said at the hearing he expected his process controller at the time, Mr McAtear, to be on the fires as that was his job, while it was difficult to rotate staff when there was not a full complement of crew.

In her written decision, Employment Relations Authority member Helen Doyle says Mr McAtear’s direct bosses at the smelter, Mr Ronald and David Carrick, took no specific steps to rotate him off the fires to prevent or minimise his heat rash before it required medical intervention.

She accepted a submission from Mr McAtear’s union lawyer, Tony Wilton, that there was evidence to support a deliberate course of behaviour to not rotate Mr McAtear rather than mere negligence.

There had been a breach of the aluminium smelter’s obligation to provide a safe workplace, her decision said.

She limited compensation to the humiliation, loss of dignity and injury to Mr McAtear’s feelings. He was not entitled to be compensated for the injury itself because he was covered by ACC.

Mr McAtear, who has worked at the smelter for 25 years, said yesterday he was pleased with the outcome and he felt vindicated in taking the action.

“I have had overwhelming support from the employees down there.” New Zealand Aluminium Smelters operations manager Paul Hemburrow said Mr McAtear was a long-serving and valued employee and it was pleasing the matter had been worked through and a mutually agreeable solution had been found.

Mr Ronald declined to comment yesterday, while it is understood Mr Carrick has moved to Australia and is working at another Rio Tinto smelter.

Mr McAtear also took a personal grievance case against the smelter after he said he was directed to lift some flue caps by Mr Ronald when he had a medical certificate saying he was to avoid heavy lifting. He said he suffered further injury as a result of the instruction.

Ms Doyle found in her decision that Mr McAtear was submitted to an unjustified action when asked to lift a flue cap but she was not satisfied the evidence supported a compensation payout.

Mr McAtear should have refused to lift the flue cap, she said.

OHS News Tip: Workplace Safe Work Method Statement

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