HEATH AND SAFETY AT WORK ACT 2016

On April 4 2016 the new Health and Safety at Work Act came into force.

Under this Act everyone has a responsibility for health and safety.

Below is a summary of who is responsible for what under the Act and  steps employers can take to help them meet their responsibilities. You will note the introduction of a new term which covers employers (PCBU).

Information is taken from the “Quick Reference Guide to Health and Safety at Work” which has been published by Worksafe. This guide can be found at:

www.business.govt.nz/worksafe/

Responsibilities:

The PCBU or ‘person conducting a business or undertaking‘ has the ‘primary duty of care’ to ensure the safety of workers and anyone affected by its work. The PCBU must (as far as reasonably practicable):

• Provide and maintain a workplace that is without risks to health and safety including safe plant and structures, and safe systems of work.
• Ensure the safe use, handling and storage of plant, structures and substances.
• Provide adequate facilities for the welfare of workers.
• Provide information, training, instruction, or supervision that is necessary to protect all persons from risks to their health and safety arising from work.
• Monitor the health of workers and the conditions at the workplace for the purpose of preventing injury or illness.

Primary Duty of Care Officer (e.g. chief executive, board member or director) An officer must exercise due diligence by taking reasonable steps to:

• Keep up to date about work health and safety matters.
• Understand the nature of the hazards and risks associated with the organisations operations.
• Ensure the organisation has resources and processes to eliminate or minimise risks.
• Ensure appropriate and timely processes for receiving and responding to incidents, hazards and risks.
• Ensure there are processes for complying with any duty.
• Verify that health and safety processes are in place and being used.

Due Diligence Worker (e.g. employees, contractors)

• Take reasonable care to ensure the health and safety of themselves and others in the workplace.
• Follow instructions from the PCBU.
• Cooperate with health and safety policies and procedures of the PCBU.
• Workers also have the right to refuse to undertake unsafe or dangerous work.

Other Person (e.g . visitors or customers)

• Take reasonable care for their own health and safety. Ensure that their acts or omissions do not adversely affect the health and safety of others persons.  Follow instructions given by the PCBU.

STEPS EMPLOYERS (PCBUs) CAN TAKE:

Worker engagement

Ensure that you have systems in place to provide workers with opportunities to participate in improving health and safety at your organisation on an ongoing basis. Get workers involved , not just because you legally have to, but because your workers can help improve health and safety. This might include electing Health and Safety Reps, setting up a H & S Committee, having regular safety meetings and conducting regular training about  safe practices, safe use of tools etc.

Risk management

As the PCBU you are in the best position to control the risks in the workplace. You can do this by ensuring you have systems in place to: 1. Identify hazards 2. Assess the level of risk for each hazard 3. Control and monitor hazards. You will need to document the above steps, including the controls you use which will include either eliminating or minimising the hazards.

Training and induction

Review your staff training and induction process. Consider whether all of your workers have the training and knowledge they need to be able to work safely. If the answer is no, then ensure they are supervised or get them the training they need. Make sure you are keeping a record of your staff’s training and any new training.   Site Safe have a Training and Competency Register template you could use.

Accidents and emergencies

Ensure you have a way of recording, investigating and reporting accidents (including near-misses) and ‘serious harm’ injuries. You should also be putting preventative measures in place. Check that you have an emergency plan written up for your organisation and remember that you must notify WorkSafe New Zealand of any serious incidents.

ARE YOU A PCBU?

The PCBU or ‘person conducting a business or undertaking’ is one of the key terms introduced in the new Act. Despite the name the PCBU is not necessarily one person. In most cases a PCBU will refer to a business entity, such as company or organisation. A PCBU may also be an individual in the case of someone running their own business. For example a builder operating as a sole trader will be a PCBU.

ARE YOU AN OFFICER?

Officers are those people with senior positions, who have a significant influence over the management of the business. This includes chief executive officers, directors and anyone else at that level. A person who merely advises or makes recommendations to someone in a senior position is not considered an officer. Under the new Act officers are now personally liable to ensure health and safety action. If you are a sole trader then you will have the responsibilities of both a PCBU and an Officer.

ARE YOU A WORKER?

Workers are individuals who carry out work for the PCBU including employees, contractors and sub-contractors. Under the new HSW Act workers can also be employees of labour hire companies, apprentices, students and some volunteer workers.

ARE YOU AN OTHER PERSON?

Other persons in the workplace will include visitors or customers. For example a courier driver coming on to site your or customers coming into reception.

OTHER RELEVANT LEGISLATION:

THE EMPLOYMENT RELATIONS AMENDMENT ACT

The  Employment Relations Amendment Act 2014 came in to force on March 6 2015. It targets six main areas:

• flexible working arrangements
• rest and meal break rules
• Part 6A (continuity of employment for specified employees)
• good faith
• the collective bargaining framework (including strikes and lockouts)
• Employment Relations Authority (the Authority)

The Employment Relations Act 2000 sets out the “rules” which impact on the relationship between an employer and employee.

Link to the Employment Relations Amendment Act 2014

http://www.legislation.govt.nz/act/public/2014/0061/latest/DLM5160206.html

Link to the Employment Relations Act 2000:

http://www.legislation.govt.nz/act/public/2000/0024/latest/DLM58317.html