Health and Safety Reform Bill

Paul Mackay

Business New Zealand

18 March 2015

Some history

• Pike River Commission• Independent Taskforce on Workplace Health

and Safety• Worksafe New Zealand• Health and Safety Reform Bill

Entities

• MBIE – Monitoring and Policy• Worksafe - Workplace• Transport

– MNZ – CAA – NZTA– Police

• EPA – Hazardous Substances• ACC – Injury prevention and financial

incentives

Principle Duty

• Eliminate risks as far as is reasonably practicable

• If elimination not practicable, minimise risks as far as reasonably practicable

“Reasonable practicable” different from current “all practicable steps”

Duties apply to

• Persons controlling a businesses or undertaking (PCBU)• Officers of PCBUs

– Companies (Directors) of companies– Partnerships (Partners)– Bodies Corporate (positions analogous to Directors)

• Workers• Other person in the workplace

Officers include person who make decisions affecting the whole or major part of the PCBU (e.g. CEOs)

Workers

• Persons who carry out work in any capacity for a PCBU’ including – Employees– Contractors, subcontractors and their employees– Labour hire employees assigned to work in

business or undertaking– Outworkers (including homeworkers)– Apprentices and trainees– Volunteers– Persons of a “prescribed class”

Duties apply when

• Controlling fixtures and fittings• In relation to plant , substances or structures

– Designing– Manufacturing– Importing– Supplying– Installing or commissioning plant or

structures

Notifiable injuries, illnesses, incidents and events

• Injuries and illnesses– Diseases, infections, trauma

• Incidents– Explosions, collapses, inundations,

collisions etc.• Events

– Death– Notifiable injury, illness or incident

Offences and Liabilities

• Offences– Recklessness

• Up to 5 years prison and/or $600,000 fine– Exposing person to risk of harm or death

• Up to $300,000 fine– Failure to comply with duties

• Up to $100,000 fine• Liability of officers

– Officers can be guilty even if PCBU is not• Elected public official not liable, including school

trustees

Worker Participation

• Obligation• Work Groups• Worker Representatives• Health and Safety Committees

Worker Participation

• Duty to engage - consultation • Participation practices

Worker Representatives

• On request• Work Groups influence how many• Functions and powers for H&S only

Powers

• Provisional Improvement Notices• Direct cessation of work

Health and Safety Committee

• On request by 5 or more workers

Regulations, Codes of Practice and Safe Work Instruments

• General Risk and Workplace Management• Worker participation, engagement and

representation• Asbestos• Hazardous substances• Major Hazard Facilities

WorkSafe Functions

• Monitor and enforce compliance

• Advise government on system operation

• Recommend changes to system and funding

• Promote and Support– Research, education,

training

• Consult• Provide guidance,

advice and information

Timing

• Bill reported back• Exposure drafts of regulations• Guidelines