Health and Safety Law Reform: March 2015
What is changing?The Health and Safety Reform Bill (HSRB) is currently progressing through parliament.
Please let us know if we can assist you in understanding these important law changes. Work Safe New Zealand - Already in force
The Worksafe New Zealand Act 2013 established Worksafe as the crown entity overseeing Health and Safety in New Zealand. Action to takeIt is worthwhile familiarising yourself with Worksafe’s processes, particularly regarding incident recording/reporting as there are strict timeframes and requirements to be followed. Employer vs PCBUs - Expected from September 2015The HSRB will change the definition of who holds the primary duty for health and safety. The duties traditionally owed by an employer will instead be owed by a Person Conducting a Business or Undertaking (PCBU). While this might seem unnecessarily complex, the PCBU concept is designed to cover a broad range of bodies including employers, businesses, contractors and self-employed people. The term is flexible to avoid any party avoiding their duties under the new regime. Action to takeIf you are a business with employees you will be a PCBU. In order to comply with the new requirements, we suggest you carefully review your existing health and safety policies in light of the new requirements. If you do not have an existing health and safety regime, now is a good time to put one in place. Having adequate documentation in place is an important step, as it records your efforts and proves your commitment to health and safety. You may also wish to update other policies to reflect the PCBU terminology so your policies are integrated. Employee vs Workers - Expected from September 2015The HSRB will replace the definition of “employee” with the broader “worker” which is defined as anyone undertaking work for a PCBU. As with PCBUs, this is designed to encapsulate the broad range of employment relationships which exist today. Action to takeAs above, your policies should reflect the current terminology. It is important to note that ”worker” does not just mean your employees, but also third party contractors and other parties. PCBUs owe duties to these parties, but should also make themselves aware of the duties owed by the Workers themselves under the new law. The Key Duty of a PCBU - Expected from September 2015A PCBU in control of a workplace must ensure, so far as is reasonably practicable, the health and safety of workers and that the health and safety of any person is not put at risk. Action to takeHaving comprehensive health and safety policies and programmes are the best way for a PCBU to ensure that it is complying with its duties. Consultation and Worker Participation - Expected from September 2015PCBUs will be required to consult with other duty holders which include its officers and workers. Their participation in health and safety matters will be a key part of compliance. Action to takeA clear policy setting out the procedure for consultation will assist PCBUs to meet these requirements. More importantly, worker engagement leads to better health and safety records which lowers the risk of injuries and subsequent prosecutions. New Duties for "Officers" - Expected from September 2015“Officers” are the directors, partners and any person who has substantial decision making powers at the PCBU. Under the new regime, officers of a PCBU will have the ongoing obligation to exercise due diligence to ensure the PCBU complies with its duties. This includes:
Verifying the above steps are occurring and are sufficiently resourced. Action to takeThe directors and senior management team will fall under the new officer definition. The obligation on these officers is a positive and proactive one. A director should lead and champion the plan review and improve health and safety in the workplace of the company and ensure its health and safety management systems are of a standard and quality that is effective in minimising risk. You should consider having an expert run a briefing session for your board/team on the law and how to ensure compliance. The board has overall responsibility for the PCBU complying with its duties. PenaltiesThe new changes significantly raise the potential fines for breaches of duties under the HSRB. Action to takeThe best way to avoid fines is to keep your workers safe. Breaches of duties are only likely to become serious offences if the breach results in an injury. How we can helpJackson Russell is providing clients with a variety of different services depending on their size, industry and what health and safety systems they already have in place. We can assist with:
It is important to note that the new legislation contains a large number of changes and duties which we have not addressed in detail in this overview. We recommend that you get specific legal advice on compliance in your business from Jackson Russell’s Employment Law team and Business Law team. Making the appropriate changes now could save significant costs in the future.
Disclaimer The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances. All rights reserved © Jackson Russell 2015 |
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