GREGOR COSTER, CHAIR, WORKSAFE NZ 14 AUGUST 2014 HEALTH AND SAFETY IN OUR WORKPLACES PRESENTATION TO NURSE EXECUTIVES NZ

CALL FOR A STEP- CHANGE: Independent Taskforce on Workplace Health and Safety, April 2013 Working Safer reform blueprint, August 2013 WORKSAFE NEW ZEALAND 2

NOVEMBER 2013WORKSAFE NEW ZEALAND 3 WORKSAFE NZ New stand-alone Crown Agency Mandate to lead a step change in health and safety performance Target of >25% reduction in fatalities and serious harm by 2020 Established December 2013

4 STATEMENT OF INTENT OUR PRIORITIES 1.Targeting risk: focus on acute, chronic & catastrophic harms 2.Working together: work collaboratively with others for maximum effect 3.Rebuilding Canterbury safely: focus on construction, occupational health & high-risk populations 4.Working smarter: implement a clearer regulatory regime 5.Strengthening our organisation: build a high- performance agency

A transition from mostly… Reactive (bottom of cliff) Incidents Outputs Hazard/Symptom Starting with solutions Individual practitioner variation Working in isolation as an agency to mostly … Proactive and targeted Patterns Outcomes Root causes Intelligence and context-led Guided decision-making Engaged and collaborative WHAT’S NEEDED AUGUST 2014WORKSAFE NEW ZEALAND 5

6 WORKING TOGETHER WITH EMPLOYERS AND EMPLOYEES WorkSafe NZ’s three “E”s : Educate Engage Enforce

MARCH 2014WORKSAFE NEW ZEALAND 7

8 OUR INTERVENTION APPROACH – OUR SPHERES OF ACTIVITY Universal activity General, basic, ongoing activity, such as awareness raising, general guidance and education & information provision Targeted activity Addresses an identified risk in a sector, industry or enterprise, and is tailored to fit the participants, operating environment and objectives Reactive activity In response to actual incidents, hazards or risks. Enforcement tools will be prominent in this area of activity but may lead to universal and targeted activities as well

9 WORKSAFE NZ’S INTERVENTIONS Our principles: Risk-based and targeted Led by reliable intelligence Shared responsibility, clear accountability Proportionate, consistent, fair, just and impartial Transparent, open and accountable Outcome-focused Take account of wider public interest

10 HEALTH AND SAFETY AT WORK ACT

11 THE NEW LEGISLATION – KEY ELEMENTS No-one should be able to say they don’t understand their obligations by April next year. Duties are explicit Duty-holders’ responsibilities clearly laid out More worker participation More tools for the regulator Penalty regime toughened

WORKSAFE NEW ZEALAND 12 HEALTH AND SAFETY REFORM BILL REF. HEALTH PROVISION Reform Bill makes duties more explicit: DHBs and NGOs as PCBUs must work together DHBs must satisfy themselves service providers have appropriate H&S processes & protocols in place New ‘due diligence’ director duties Service providers must give regard to their requirements under other legislation, eg. HPCA

WORKSAFE NEW ZEALAND 13 HEALTH AND SAFETY REFORM BILL REF. HEALTH PROVISION Where the line is drawn: code of professional conduct and H&S law Distinction is drawn on clinical judgement Serious harm arising from treatment by registered health professionals more appropriately dealt with by Health & Disability Commissioner WorkSafe NZ reserves right to investigate

14 THE LEGISLATION “As far as is reasonably practicable…” What is or was reasonably able to be done to ensure health and safety taking into account and weighing up all reasonable matters. PCBU – person conducting a business or undertaking The legal entity conducting business ranging from an enterprise to the self-employed person. Specific and clarified duties imposed and ensures no gaps through which health and safety responsibilities can fall.

WORKSAFE NEW ZEALAND 15 HEALTH AND SAFETY REFORM BILL IN THE CASE OF MULTIPLE PCBU’S

16 THE LEGISLATION Worker participation Directs PCBUs to engage with workers and to have effective agreed participation practices on health and safety matters. Cooperation where multiple PCBUs are operating on one site to protect their own, and other workers on site. May have multiple duties and more than one PCBU may have the same duty. Regulatory framework A comprehensive supporting framework including regulations, ACOPs and guidance to provide further clarity of expectation and how these goals in the Act can be achieved in practice.

17 THE LEGISLATION Primary duty of care Defines the requirements on PCBUs to look after its workers and those workers influenced or directed by the PCBU. Ensure other persons’ health and safety not put at risk as part of the conduct of the PCBU. Enforcement Wider range of tools for the regulator. Graduated scale of significantly increased penalties is introduced. The regulator will take a proportional approach.

18 HEALTH AND SAFETY REFORM BILL - REGULATIONS Regulation development in two phases First phase focused on developing regulations for: General risk and workplace management Worker participation and representation Work involving hazardous substances Major hazard facilities Work involving asbestos

19 SUPPORTING GUIDANCE Critical to the success of the new model Very significant issue in our consultation Significant capability and capacity build underway in our Standards and Guidance Team 40 pieces of guidance on the list today

WORKSAFE NEW ZEALAND 20 KEY OFFICERS’ DUTIES Officers have a due diligence duty It is individual to officers Includes taking reasonable steps to: acquire, and keep up-to-date, knowledge of work health and safety matters gain an understanding of the nature of the operations of the business or undertaking of the PCBU and generally of the hazards and risks associated with those operations ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards and risks and for responding in a timely way to that information ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under the Act verify the provision and use of the resources and processes referred to above.

WORKSAFE NEW ZEALAND 21 HEALTH AND SAFETY REFORM BILL GOOD GOVERNANCE GUIDE Adhere to principles of quality governance Check out ‘Good Governance Practices Guideline for Managing H&S Risks’,

WORKSAFE NEW ZEALAND 22 SO WHAT IS THE GOAL? The simple goal: Workers go home healthy and safe every day The absolute goal: 25% (at least) reduction in fatalities and serious harms by 2020

worksafe.govt.nz Everyone who goes to work comes home healthy and safe Everyone has a role to play