1. The journey of the Modern Regulator & The case of the Regulated Quad Bike
Paula Knaap
Director Engagement and Implementation
G-Reg Conference, October 2019

2. NZ Productivity Commission (2014)
Many factors are important for ensuring the effectiveness of regulation, none more so than the practices of the agency charged with implementing the regulatory regime. The regulator is at the “sharp end” when it comes to delivering on the objectives that Parliament intended.
NZ Productivity Commission (2014)

3. WorkSafe New Zealand

4. Where we want to be
We’ve come a long way and we continue to improve but there’s still some way to go
Future state:
decisions based on the value proposition – insights- led
clear about how we regulate
deliver services calibrated to the circumstances.
WorkSafe New Zealand

5. WorkSafe’s challenge Expectations about WorkSafe’s role are changing
Limited resources
Choices and trade-offs about when and how we respond
We will be strategic, consistent and transparent

6. WorkSafe’s Organisational Strategy
OUR ROLE
Our people are working to transform health and safety performance toward world-class
ENFORCEMENT
EDUCATION
ENGAGEMENT
OUR LEVERS
EXTERNAL
INTERNAL
WHAT WE ARE AIMING FOR
reduction in work-related fatalities and injuries
25%
reduction in asbestos disease by 2040
50%
catastrophic events
Fatalities from electrical and gas accidents trend down
System targets
Everyone who goes to work comes home healthy and safe
Our focus areas 1
Deliver the right mix of services in the right way 4
Drive organisational excellence
People value health and safety
Strengthen our people and culture 2
Build our harm prevention approach
Health and safety improves wellbeing
Enhance our technology, data and infrastructure 3
Grow effective strategic relationships
Future proof our organisation
Collective approach to health and safety

7. A really responsive risk-based regulatory framework
Looking beyond compliance
Thinking about the environment in which regulation happens
Thinking about all our interventions, how they interact, and how we can use them more meaningfully
Assessing and evaluating our own performance too
Identifying and responding to changing priorities, risks, challenges and objectives
Finding the right range on the regulatory pendulum
Reference: Baldwin and Black
Another way of looking at the our strategy in the context of the shift we are beginning to make is through the lens of a “really responsive risk based regulatory framework”
Really responsive regulation encourages regulators to develop a deeper understanding of the motivations, interactions and environments of both itself and the people and communities it regulates. This helps the regulator to makes the best use of its resources and interventions, and better reflects the reality of real-life.

8. Enterprise Target Operating Model
To help guide us on that journey, WorkSafe is producing an enterprise target operating model. This is a snapshot of the cover page –
Target operating models are often described as a bridge between high level strategy and operational delivery.
Our eTOM is providing a richer picture of the type of regulator that we want to be and will help us to regulate in a more responsive way --- And to prioritise and align internal development projects.
Importantly, our core purpose of harm prevention sits at the heart of everything we do, and we will weight the balance of our effort to activities that focus on:
- Preventing or reducing the risk of harm from happening in the future
Strengthening the integrity of the system will also be core to the choices we make, so that we support system and sector-wide sustained improvement.

9. Fatality causes - agriculture

10. Various Crush protection devices have been available on the market for some time. These are an ‘engineering control’ that, in the event of a quad bike rollover, provide a space to protect the rider from being crushed – they also tend to cause the quad to keep rolling, rather than coming to rest upside down.
You might think that regulation around the use of crush protection devices on quad bikes to prevent rider crushing would be welcomed – BUT regulation in this sector is socially and politically charged - and so this critical issue that has traditionally been difficult to progress.
WorkSafe New Zealand

11. The WorkSafe agriculture programme

12. WorkSafe New Zealand

14. Ongoing Challenge for Regulators
“How should a good regulator respond to emerging risk control technologies
- especially where there are polarised opponents and supporters?”
WorkSafe New Zealand

15. Framework for the regulatory decision
How should an effective regulator position itself on the use of Crush Protection Devices, especially given the polarised nature of the debate?

16. WorkSafe New Zealand

17. WorkSafe New Zealand

18. WorkSafe New Zealand