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