New Zealand Health and Safety Law Changes
The Health and Safety Reform Bill that came into effect on the 4th of April is part of the government’s “Working Safer: a Blueprint for Health and Safety at Work,” which aims to reduce the workplace injury and death toll by targeting better risk management. Effective worker engagement and participation is an important part of this blueprint, and the new law emphasizes that everyone must take proportional and reasonable responsibility toward the workplace health and safety.
The Reform Bill Defines Three Main Parties.
1. Person Conducting a Business or Undertaking (PCBU)
The PCBU is a new legal concept introduced by the Reform Bill. While the PCBU is usually the business entity, such as a company, it may also describe an individual who is a sole trader or a self-employed person. Under the new law the PCBU is held responsible for the overall health and safety of its workers, volunteers, visitors, and others who may be affected by the hazards on the site. This means that the PCBU has a duty to set health and safety standards and encourage contribution from its workers. When there is more than one PCBU is present in the workplace they must collaborate to ensure the safety of everyone.
2. Officers
Company directors, leaders, and representatives fall under this category, as “Officers” designates a person of rank who may have a degree of influence or opportunities to exercise leadership. Officers have a duty to be diligent and ensure that PCBUs comply with their obligations. In order to do so, Officers must keep themselves up-to-date about the health and safety concerns in the workplace. If the business operations carry innate risks that are integral part of the operation process, then the Officers must be aware of such risks. Officers are also responsible for making sure that the PCBU has access to the appropriate tools to eliminate risks.
3. Workers
Workers include contractors, subcontractors, employees of contractors or subcontractors, and employees of a labour hire company as well as the ones who are engaged directly by the company. By definitions “Workers” designates anyone who carries out any task for the PCBU, and they must comply with the health and safety guidelines provided by the PCBU. All workers remain responsible for their individual safety.
Now a Business is Required to Do What Is “Reasonably Practicable.”
What “reasonable practice” entails depends on the size of the business and the level of risk. When determining what is the reasonable practice for your business, consider how likely the hazard or risk is to occur, how much harm will come as a result, whether people are fully aware of that risk, and whether a suitable solution is available.
All companies operating in a high risk industry or those with more than 20 staff members are required to elect a health and safety representative when requested by an employee. If the health and safety representative then asks for a health and safety committee, or if more than five workers are behind the idea, then the companies must consider their demand. While small businesses in low risk industries are not obliged to do the same, they still need to have a procedure in place to engage workers and seek their active participation. Nevertheless, small businesses may voluntarily choose a health and safety representative over other measures. However, regardless of the size of the business, ACC advises all organisations to continuously plan, act, review, commit, and communicate toward better health and safety standards in the workplace.
Top Tips for Ensuring Health and Safety in the Workplace
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The ACC Workplace Safety Discount is available for self-employed and businesses with fewer than ten employees in exchange for putting health and safety systems in place. Businesses with an annual payroll of $578,000 or less are also eligible for this discount.
Summary
There are many benefits in creating safer workplace for everyone, and the new legislation is designed to help more businesses reap these benefits. If you need more information about how to apply new health and safety measures in the workplace, consult WorkSafe NZ.