New Zealand
Employment law update
Blueprint for workplace
health and safety announced
On Wednesday 7
August 2013, the
Government announced a package
of reforms that
represent the most
significant changes
to our workplace
health and safety
system since the
Health and Safety
in Employment Act
1992 (HSEA) was
introduced over 20
years ago.
24
Accolade
OCTOBER 2013
T
he key changes include an overhaul of the
law, additional funding for health and safety,
and better coordination between government
agencies. With a new Bill expected in
December 2013, it is imperative for employers to
learn what these reforms may mean for them.
The reforms are the Government’s response to
the recommendations issued by the Independent
Taskforce on Workplace Health and Safety (Taskforce),
referred to in our July 2013 update. With the Royal
Commission’s report on the Pike River disaster as
the catalyst, the Taskforce was set up in April 2012
to advise the Government on ways to achieve its
goal – to reduce the rate of workplace fatalities and
serious injuries by at least 25 per cent by 2020.
The reform package is described in ‘Working Safer:
a blueprint for health and safety at work’. It
broadly accepts the Taskforce’s recommendations
and the reforms will largely be led by the soon to
be established, stand-alone, workplace health and
safety Crown agent, WorkSafe New Zealand.
What was wrong
with the HSEA
framework
What does the package
of reforms include?
The Taskforce found
that there was no single
critical factor that has
led to New Zealand’s
poor workplace health
and safety performance
and therefore there
is no one solution.
• Replace the current HSEA
with the Health and Safety at
Work Act, based on current
Australian law. The new Act
and associated regulations
are expected to be in place
by the end of 2014
• Increase worker participation,
involvement and consultation
• Develop a government-led
strategy to reduce workplace
harm
• Develop capability and
knowledge at all levels.
Instead, there were
significant weaknesses
across the system
and no drivers for
improvement. The
performance-based, selfmanagement approach
that we currently have
under the HSEA is still
appropriate, but we have
not been implementing
it in the correct way.
The Government considers
that the package of
reforms will refresh our
approach to health and
safety. The vision is to
“work smarter, target
risk and work together
to ultimately work safer”
and the different reforms
fall under each of these
three categories in the
blueprint document.
• Target high risk areas through
WorkSafe New Zealand, which
will be operational from
December 2013
• Provide for stronger
penalties and court powers,
more enforcement tools,
and new directors’ duties
(including the due diligence
duty explained below).
The Minister of Justice is
still considering corporate
manslaughter and the
corporate liability framework
generally
• Increase the focus on
occupational harm
• Improve coordination between
government agencies, for
example WorkSafe New
Zealand and ACC will create
a shared programme of
workplace injury prevention
• Increase collaboration
between Government,
business, workers and
experts
These changes are
intended to deliver:
• Strengthened Government
leadership and collaboration
between agencies
• A greater focus on
addressing acute, chronic and
catastrophic harm in high risk
sectors and major hazard
facilities
• A balanced and proportionate
system for small to large, low
to high risk businesses
• A well resourced regulator
with a firm regulatory stance
focused on the areas of most
risk
• Robust data, monitoring,
reporting, analysis and
evaluation of the system.