Fortune Manning Advise On New Health & Safety At Work Act

The Health and Safety at Work Act reforms New Zealand’s Health and Safety system following the recommendations of the Independent Taskforce on Workplace Health and Safety.  The reforms are aimed at reducing New Zealand’s workplace injury and death toll by 25% by 2020.  The key emphasis is on everyone in the workplace being responsible for health and safety and the Act will come into effect on 4 April 2016.

A series of regulations are being developed to support the new Act.  These include general risk and workplace management, major hazard facilities, asbestos and engagement, worker participation and representation (available shortly for public consultation).

On average 73 people die per year on the job, 1 in 10 is harmed and 600-900 die from work-related diseases. In the 2013/2014 reporting year for the Accident Compensation Corporation (ACC), there were 186,696 new claims for workplace injuries. The Act introduces new concepts on who are responsible for the health and safety of any persons in a workplace. It also introduces additional duties of care.

Persons conducting a business or undertaking, also known as PCBU, have the primary duty to ensure health and safety in the workplace. PCBU’s are considered to be in the best position to control risks to work health and safety as they are the ones carrying out the business or undertaking. Normally a PCBU will be a company rather than an individual person; however, a person could be a PCBU if they are a sole trader or self-employed person. Notable exceptions are workers or officers; volunteer associations who do not employ anyone; and householders engaging someone to only do residential work on or in their home.

Under the new legislation, officers must exercise due diligence to ensure that the PCBU complies with its duties. This is a substantial amendment from the Health and Safety in Employment Act 1992 which only placed a duty on directors who were actively involved in the workplace. Under the Act, there is a positive duty on those who are at governance level of an organisation where they are required to actively engage in health and safety matters. This duty expressly does not extend to a person who merely advises or makes recommendations to an officer of the organisation.

Businesses need to start preparing now to ready themselves as the obligations under the Act will start as soon as it comes into force. Fortune Manning will be providing regular updates so for more information please go to http://www.fortunemanning.co.nz .