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THE HEALTH
& SAFETY
AT WORK
ACT 2015MAY 2016
WHAT DO YOU NEED TO KNOW?
New Act came into force on 4 April 2016
Business owners and Directors have a
responsibility of duty of care to those who
work for them or visit their premises
These changes require them to exercise due
diligence to ensure their business complies
with its health and safety responsibilities
The cost of getting it wrong is high – the
penalties are significant
NZ’S RATE OF WORKPLACE ACCIDENTS
9%OF FULL TIME EMPLOYEES GET
INJURED AT WORKNew Zealand has 93 workplace injury
claims per 1,000 equivalent full time
employees
75%OF THESE HAPPEN
IN 5 KEY
INDUSTRIES
Agriculture
Mining
Construction
Forestry
Arts & Recreation
NZ’S RATE OF WORKPLACE ACCIDENTSCompared to other developed countries
we have one of
THE WORST RATES OF
WORKPLACE FATALITIES
AND…
THE COST OF WORKPLACE INJURIES
CONTINUES TO RISE
FATALITIES AND INJURIES IN NEW ZEALANDWORKPLACE FATALITIES
Industry 2011 2012 2013 2014 2015
Accommodation & Food Services - 1 1 - -
Administrative & Support Services 1 1 - - 1
Agriculture 16 15 22 21 19
Arts & Recreation Services 5 8 3 3 3
Construction 4 9 6 5 2
Education & Training 1 - 1 - 1
Electricity, Gas, Water & Waste Services 3 1 - 1 3
Financial & Insurance Services - - - - -
Forestry 3 6 10 1 3
Health Care & Social Assistance 3 - 2 2 -
Information Media & Telecommunications - - - - -
Manufacturing 2 2 1 1 1
Mining 1 1 - - 5
Not Elsewhere Included - - - - -
Other Services 5 - 1 1 1
Professional, Scientific & Technical Services 1 - 1 - -
Public Administration & Safety 1 2 2 3 -
Rental, Hiring & Real Estate Services - - - - -
Retail Trade - - 1 - -
Transport, Postal & Warehousing 3 2 6 8 4
Wholesale Trade - - - - 1
Grand Total 49 48 57 46 44
WORKPLACE SERIOUS HARMIndustry 2013 2014 2015
Accommodation & Food Services 100 82 72
Administrative & Support Services 63 59 81
Agriculture 317 289 333
Arts & Recreation Services 311 229 265
Construction 606 514 508
Education & Training 674 170 237
Electricity, Gas, Water & Waste Services 86 49 40
Financial & Insurance Services 13 11 10
Forestry 160 107 79
Health Care & Social Assistance 393 267 307
Information Media & Telecommunications 14 9 11
Manufacturing 796 572 588
Mining 20 22 17
Not Elsewhere Included 130 103 38
Other Services 541 326 97
Professional, Scientific & Technical Services 28 25 60
Public Administration & Safety 161 101 135
Rental, Hiring & Real Estate Services 13 9 11
Retail Trade 348 220 166
Transport, Postal & Warehousing 351 296 295
Wholesale Trade 34 21 11
Grand Total 5170 3497 3385
Source: stats.govt.nz
KEY CHANGES IN THINKING
Driving accountability at the top level
Ensuring health and safety matters are as important as
financial matters
Moving from a hazard management
to a risk management environment
More worker participation
(correlates internationally with
lower accident rates)
NEW TERMS AND CONCEPTSTerm Definition
PCBU Person conducting business or undertaking
Worker An employee, contractor, subcontractors; a person gaining
work experience or undertaking a work trial, a volunteer etc.
“Reasonably practical” That which is, or was, at a particular time, reasonably able
to be done in relation to ensuring health and safety, taking
into account and weighing up all relevant matters (including
likelihood of occurrence or harm and means of prevention)
Primary duty of care PCBU must as far as reasonably practical ensure the health
and safety of workers
Duty of officers An officer of a PCBU must exercise due diligence to ensure
that the PBCU complies with duties or obligations under the
Act
Duty of workers Take care of their own health and safety and that of others
THE PRIMARY DUTY OF CARE
PCBU’s must ensure, so far as is reasonably
practicable:
The health and safety of their workers and
any other workers they influence or direct;
and
The health and safety of other people at
risk from any work they carry out - e.g.
customers, visitors, public.
THE PRIMARY DUTY OF CARE
So it means amongst other things that PCBUs must:
Provide a work environment that is without risk to health and safety
Have safe plant and structures
Provide adequate facilities for the welfare of workers
Provide information, training, instructions, or supervision necessary to protect people from risks to their health and safety
THERE IS A BOUNDARY
“So far as is reasonably practical…….”
What is or was reasonably able to be done to ensure health and safety, taking into account and weighing up all reasonable matters.
WHAT OR WHO IS AN OFFICER?
An officer is:
Directors, partners – any person occupying
a position comparable to a Director
Any other person occupying a position in a
PCBU that allows that person to exercise
significant influence over the management
of the business
THE CONCEPT OF DUE DILIGENCEIncludes officer’s taking reasonable steps to:
Know about health and safety matters and keep up to date
Gain an understanding of the operation of the organisation and the hazards and risks generally associated with it
Ensure the PCBU has and uses resources and processes to minimise the risks
Ensure the PCBU has appropriate processes to receive information about incidents, hazards and risks and for responding to that information
Ensure there are processes to comply with any duty and that these are implemented.
PENALTIESINDIVIDUAL WHO IS NOT A
PBCU OR OFFICER (E.G. A
WORKER OR OTHER
PERSON AT A
WORKPLACE)
OFFICER OF A
PCBU OR AN
INDIVIDUAL
WHO IS A PCBU
(EG SELFEMPLOYED)
ANYONE ELSE
(EG AN
ORGANISATION
THAT IS A PCBU)
Section 47
(reckless conduct in respect of duty
that exposes an individual to a risk of
serious injury, serious illness or death)
Five years in prison or
$300,000 fine, or both
Five years in prison or
$600,000 fine, or both
$3 million fine
Section 48
(failure to comply with a duty that
exposes an individual to a risk of
serious injury, serious illness or death)
$150,000 fine $300,000 fine $1.5 million fine
Section 49
(failure to comply with a duty)
$50,000 fine $100,000 fine $500,000 fine
Source: business.govt.nz
MANAGING RISKS
The availability and suitability of
eliminating or minimising the
risk
The likelihood of a hazard or the risk
concerned occurring
The degree of harm that might result
from the hazard or risk
What the person concerned knows about
the hazard or risk
What risks or
hazards are in
your business?
Please contact Staples Rodway for a sample Risk Register
WHAT DOES A RISK REGISTER LOOK LIKE?
EXAMPLES OF OFFICE RISKS
Working at another location
Cars
Fires
Lighting
Kitchen
Computers and laptops
Angry clients
Employee health –heavy workload,
harassment, change
Slips and trips
YOUR CHECK LIST – WHAT YOU NEED TO DO…
Have in place a health and safety policy (which includes a commitment to Health and Safety)
Have Health and Safety as an agenda item on your Board meetings
Have a risk register whichidentifies hazards/risksand includes a risk management assessmenton how these are managed
YOUR CHECK LIST – WHAT YOU NEED TO DO…
Confirm lines of responsibility so everyone is clear about their health and safety responsibility (this can go into job descriptions or KPIs)
Develop an audit process so risks/hazards are monitored on a regular basis
If you have any of your staff working at another location liaise with the other PCBU over risk and controls
Have a sound process for contractors or other visitors
Set in place a worker participation process.
QUESTIONS?
Contact our team for:
• a sample Risk Register;
• to attend our next free
seminar; or
• to arrange your
comprehensive risk
09 309 0463
