HEALTH AND SAFETY REFORM BILL - PowerPoint Presentation

Slide1

HEALTH AND SAFETY REFORM BILL“Chronic Unease”

Presented

by

Scott Ratuki and Karina McLuskieSlide2

First reading – 13 March 2014Submissions received – over 230

Select Committee Report – 24 July 2015Expected to pass into law start to mid 2016

Expected to come into force in mid 2016

Parliamentary ProcessSlide3

Pike River Mine disaster and Royal Commission of Enquiry – a catalyst for reform

Creation of Worksafe

NZ with more resources

115 – 151 inspectors

Aiming for 200 by 201675 people killed each year

600 – 900 deaths from work related diseases200,000 ACC claimsEstimated overall costs $3.5 billionSlide4

Risk based, not injury basedFocused on prevention

Safe Work Australia last year had 82,000 visits to check on work practices55,000 responses to injury events

Our reforms based on the Australia Model LawsSlide5

Primary Focus is on securing the health and safety of workers and providing a high level of protection against harm to their health, safety and welfare from hazards and risks arising from work

.Slide6

Enforcement

Company

Individual as an officer

Individual as a worker

Category

1

(Reckless conduct)

$3 million

$600,000

OR five years in jail,

OR both

$300,000

OR five years in jail,

OR both

Category 2

(Failure to comply with a duty exposing to risk of death or serious injury)

$1.5 million

$300,000

$150,000

Category 3

(Failure to comply with a duty)

$500,000

$100,000

$50,000

Category

4

Breaching other specific requirements – various fines of lesser amounts

e.g. section 52 requirement to maintain records of notifiable events - $25,000

Four categories of offencesSlide7

Key Changes and Definitions

PCBU

Person

conducting a business or undertaking

Primary duty to ensure as far as is reasonably practicable the health and safety of workers at work

Currently duties are on these controlling a place of workThe definition of PCBU is wider than “employer”

“Business” – a business is usually an enterprise conducted with a view to making profit and having a degree of organisation, systems and continuity.

“Undertaking” – an undertaking may have some degree of organisation, systems and continuity, but it is not profit making or usually commercial in nature.Slide8

PCBUs

PCBU is not:

A worker

An officer of the business or undertaking

a volunteer organisation

An occupier of a home employing someone in the home

PCBU can not be for profit – if it hires staff e.g. admin staff will be a PCBUSlide9

Work

What is “work” helps inform when it is a business or undertaking

Involves physical or mental effort

Activities for which people are usually paid

Activities that are part of a process

Where control is exercised

Less likely where

it is purely domestic, recreational or social

the activity is ad hoc or unorganisedSlide10

The organisation is a

PCBU

and

will owe duties

, including to all its workers, (paid or volunteers)

The organisation is a

VOLUNTEER ASSOCIATION

. It is not a

PCBU

and does not owe any duties under the Bill.

PCBU or Volunteer Association?

Are you and all others involved in the business or undertaking acting on a voluntary basis?

Are you working for a community purpose?

Do any of you employ someone to carry out work for the business or undertaking?

NO

NO

NO

YES

YES

YESSlide11

Primary duties all on PCBUs who:Manage or control a workplace

Manage or control fixtures, fittings or plant at workplaces

Design plant, substances, or structures

Import, supply, install, construct or commission plant or structures

Duties also fall on officers, non-officers and workers

DutiesSlide12

Workers

Workers are a wider group than employees

Employees

Contractors or subcontractors

Employees of a contractor or subcontractor

Outworker

Apprentices or trainees

Persons undertaking work experience or work trials

V

olunteersSlide13

Duty holders are required to comply with key principles:Eliminate risks as far as is reasonably practicable

“Reasonably practicable” means what is or was reasonably able to be done at a particular time to ensure health and safety, taking into account and weighing up all reasonable matters”Replaces the concept of “all practicable steps”

If you cannot eliminate, then

minimise. Gone

is the other option – to isolate

Key PrinciplesSlide14

Duties of Officers

If a PCBU has a duty or an obligation under the Act, an officer must exercise due diligence to ensure the PCBU complies

Gone is Section 56 which placed duties on officers only when officers participate in health and safety management

Duty is now to be proactiveSlide15

If PCBU is:a company, then the directorsa partnership, then any partner

a body corporate or an unincorporated body or person in a role comparable to a director

a board then its board members

Includes any other person who makes decisions that affect the whole or a substantial part of a business or undertaking,

i.e. Chief

Executive, Chairperson etcSlide16

Acquire and keep up to date knowledge of health and safety matters

Gain an understanding of the risks and hazards associated with the conduct of the business

Due Diligence duty

Ensure the PCBU has appropriate resources and processes for responding to information regarding incidents, hazards and risks in a timely way

Ensure the PCBU has, and uses, appropriate resources and processes

Ensuring the PCBU has, and implements processes for complying with duties under the legislation

A Main Focus of the LegislationSlide17

Practical Considerations for Officers

Policy and Planning

Delivery of Objectives

Monitoring the PCBU’s Policies

Effective Review at Board LevelSlide18

In Practice

Cannot insure for penalties

Cannot transfer a duty or contract out of a duty

Strong paper trail of compliance steps essential

First thing

WorkSafe

inspectors will look at

Proactivity, not acquiescenceSlide19

Delivery of Objectives

Does your health and safety management system reflect best practice? Outside appraisal

Systems for risk identification

Consideration of full range of risks

Keep tabs on organisational change

Sufficiency of processes when there is an emergency

Right people at all levels of delivery

Sufficiency of plant and equipment