The Health and Safety at Work Act 2015 is the cornerstone of New Zealand's health and safety legislation framework. It introduces key concepts such as the Person Conducting a Business or Undertaking (PCBU), who is the primary duty holder responsible for ensuring the health and safety of workers and others affected by the work. The Act also defines a worker broadly, including employees, contractors, trainees, volunteers, and more.

Key Concepts under the HSWA

One of the core concepts under the HSWA is 'reasonably practicable', which requires PCBUs to do what is 'reasonably able to be done' to ensure health and safety. This takes into account the severity of potential harm, the likelihood of the harm occurring, the knowledge of what can be done to mitigate risks, the availability and suitability of ways to mitigate risk, and cost (which must be proportionate to the risk).

Key Duties under the HSWA

PCBUs have a primary duty to ensure the health and safety of workers and others affected by work, so far as is reasonably practicable. The HSWA emphasizes the importance of worker participation in health and safety decisions. PCBUs must engage with workers on health and safety matters that affect them. Furthermore, PCBUs must proactively identify and manage risks. This includes having a systematic process to identify hazards, assess the risks associated with those hazards, implement appropriate control measures, and monitor and review the effectiveness of controls.

Other Important Regulations

Several additional regulations detail specific health and safety requirements for various hazards. These include the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, which cover general workplace safety, emergency plans, first aid, etc. The Health and Safety at Work (Asbestos) Regulations 2016 manage asbestos risks, and the Health and Safety at Work (Hazardous Substances) Regulations 2017 regulate the safe handling, storage, and disposal of hazardous substances.

WorkSafe New Zealand

WorkSafe is New Zealand's primary workplace health and safety regulator. Its responsibilities include enforcing health and safety laws, providing guidance and education, and setting standards and approving Codes of Practice.

Additional Considerations

Breaches of health and safety laws can result in significant fines and even imprisonment for individuals and organizations. Businesses should ensure they have adequate insurance coverage for potential liabilities under the health and safety framework. Health and safety require an ongoing, proactive approach from both employers and workers. Compliance with the legal framework is essential to creating safe and healthy workplaces throughout New Zealand.

Occupational health and safety (OHS) in New Zealand is designed to protect workers from harm. The primary regulatory body responsible for enforcing OHS legislation and providing guidance for workplaces is WorkSafe New Zealand.

Key Responsibilities

The Health and Safety at Work Act 2015 (HSWA) outlines responsibilities for different parties within workplaces:

• PCBUs (Person Conducting a Business or Undertaking): PCBUs have the primary duty of care to ensure the health and safety of workers and others affected by the work. This includes providing a safe work environment, maintaining safe plant and structures, ensuring safe systems of work, and monitoring worker health and workplace conditions.

• Workers: Workers must take reasonable care of their own health and safety and the safety of others. They should cooperate with PCBUs on health and safety matters and follow reasonable instructions.

• Officers: Officers (e.g., company directors) must exercise due diligence to ensure that the PCBU complies with its duties.

Risk Management Framework

The HSWA promotes a risk-based approach to health and safety, which includes hazard identification, risk assessment, risk control, and regular monitoring and review of the effectiveness of control measures.

Worker Participation

New Zealand law emphasizes worker participation in OHS matters. This includes Health and Safety Representatives (HSRs) elected by workers to represent their health and safety interests, Health and Safety Committees required in workplaces with 20 or more workers or where there is a high risk, and consultation and cooperation between PCBUs and workers on health and safety matters that affect them.

Specific Areas of Focus

The OHS framework in New Zealand also focuses on preventing work-related illnesses, managing risks from exposure to hazardous substances, strict regulations for facilities handling large quantities of hazardous substances, specific regulations for the safe management and removal of asbestos, and procedures for reporting and investigating work-related incidents and near misses.

Workplace inspections are a crucial tool used to promote and enforce compliance with workplace safety standards. They aim to identify risks and hazards, assess compliance, educate and engage, and enforce regulations.

Types of Inspections

There are two main types of inspections:

• Proactive Assessments: These are planned visits targeting specific industries or workplaces identified as higher risk. These comprise the majority of inspections.
• Reactive Inspections: These are triggered by complaints, reports of serious harm, or critical incidents.

Inspection Criteria

Inspectors evaluate a range of factors, including:

• Hazard management: Systems for identifying, assessing, and controlling risks.
• Safe work practices and procedures: Safe systems of work for specific tasks, including the use of equipment and machinery.
• Plant and structures: Safety of equipment, machinery, and buildings.
• Hazardous substances: Safe handling, use, storage, and disposal procedures.
• Worker engagement: Consultation, representation, and training processes.
• Incident reporting and investigation: Evidence of robust incident management systems.

Inspection Frequency

The frequency of workplace inspections is not mandated. Instead, a risk-based approach is used, focusing on industries and businesses where there's the potential for greater harm.

Inspection Process

The inspection process involves several steps:

1. Planning: Inspectors gather information about the workplace and identify areas of focus for the inspection.
2. Opening Meeting: The inspector discusses the inspection's purpose and scope with the workplace representative.
3. Walkthrough: The inspector conducts a visual inspection of the workplace, observes work processes, and may interview workers.
4. Consultation: Throughout, the inspector communicates and discusses observations with the workplace representative.
5. Closing Meeting: The inspector summarizes findings, highlights areas of concern, and discusses possible next steps.
6. Report: The inspector may issue a formal report outlining findings.

Follow-Up Actions

Depending on the inspection findings, several actions may be taken:

• Advice and education: Provide guidance to assist the workplace in addressing minor issues.
• Improvement Notice: Issued for breaches requiring the workplace to rectify problems within a specified timeframe.
• Prohibition Notice: Orders immediate cessation of an activity if there's a serious risk to health and safety.
• Infringement Notice: A fine for non-compliance with health and safety legislation.
• Prosecution: Reserved for serious breaches of safety standards.

Workplace inspections are an essential component of ensuring that workplaces are safe and healthy for all workers.

Workplace accidents are unfortunate events that can have serious consequences. Employers are required to immediately notify WorkSafe of any 'notifiable events', which include death, a notifiable illness or injury, and a notifiable incident. This notification can be done through the WorkSafe website, over the phone, or via the WorkSafe app. Employers must also maintain a record of all work-related injuries and illnesses, regardless of their severity.

Investigating Workplace Accidents

The employer is responsible for securing the scene to prevent further harm, providing first-aid or necessary medical assistance, and initiating a preliminary investigation to understand the causes of the accident. WorkSafe might conduct investigations, especially for serious accidents or where there are suspected breaches of health and safety regulations. These investigations aim to determine the causes of the incident, identify if there were any failures in compliance, and make recommendations and take enforcement action if necessary.

Compensation for Workplace Injuries

New Zealand has a no-fault accident compensation scheme administered by the Accident Compensation Corporation (ACC). If you're injured at work, ACC may cover medical treatment costs, weekly compensation for lost earnings (typically 80% of pre-injury income), rehabilitation support, and lump-sum compensation in some cases of permanent impairment. Claims can be submitted to ACC via your employer, your doctor, or directly though the ACC channels. It's advisable to make a claim promptly after the injury occurs.

Additional Considerations

Workers have the right to refuse unsafe work and actively participate in identifying and addressing health and safety hazards in their work environment. Health and Safety Representatives (HSRs) are elected by workers to represent their health and safety interests in the workplace. They play a vital role in incident investigations and preventive measures. Some industries might have additional regulations and workplace protocols regarding accident management and reporting.