1. Associate Professor Dr Michael Eburn ANU College of Law The Australian National University CANBERRA Legal implication of HS@W legislation, the Fire Service perspective

2. The relevant relationships The Act does not apply between employees and employers but between Workers and The Person Conducting a Business or Undertaking: the PCBU. 2

3. Worker means: (a) an employee; or (b) a contractor or subcontractor; or (c) an employee of a contractor or subcontractor; or … (h) a volunteer; … 3

4. Who is the PCBU? 36 Industrial fire brigades (1)The owner or occupier of any commercial or industrial premises may, for the purpose of protecting those premises from fire, organise and maintain a group of persons as an industrial fire brigade... 36A Defence fire brigades 4

5. Volunteer Brigades – the NZFS Rural Fire Force – the Regional Fire Authority 5

6. So who is a PCBU Regional Fire Authority NZ Fire Service Relevant commercial owner and NZ Defence Force. There may be more than one PCBU with duties towards a worker (s 26) 6

7. Industrial brigade Defence brigade On the fire ground 7 NZFS NZFSC Rural Fire Authority Volunteer brigade Rural Fire Force

8. Where there is more than one duty holder each must discharge their duty to the extent to which they have the capacity to influence or control the matter (s 26). 8

9. Duties of officers An officer is not someone with rank on their shoulder! Officer ‘includes any other person who makes decisions that affect the whole, or a substantial part, of the business of the PCBU’. Must include members of the Commission, the CEO and the National Commander 9

10. An officer Must exercise due diligence to ensure that the PCBU meets its HS@W obligations (s 39). 10

11. Duty to consult 11

12. Penalties Reckless conduct in respect of health and safety duty (s 42) Individual: 5 years gaol or $300 000 PCBU or officer of PCBU: 5 years gaol or $600 000 Failure to comply with a health and safety duty that exposes an individual to risk of death or serious injury or illness (s 43) Individual: $150 000 PCBU or officer of PCBU: $300 000 Failure to comply with health and safety duty (s 44) Individual: $50 000 PCBU or officer of PCBU: $100 000 12

13. Prosecution is a last step - alternatives Improvement notices. Prohibition notices. Enforceable undertakings. Infringement notices. 13

14. Questions? Comments? Thank you for your attention. Dr Michael Eburn ANU College of Law Australian National University 5 Fellows Road ACTON ACT 2600 P: +61 2 6125 6424 E: michael.eburn@anu.edu.aumichael.eburn@anu.edu.au B: https://emergencylaw.wordpress.com/https://emergencylaw.wordpress.com/ 14