Lejgislative Changes in Health

Transcription

1 Lejgislative Changes in Health Key aspects of Working Safer blueprint Primary Regulator - WorkSafeNZ Enforcing Educating Guiding and coordinating implementation New Legislation - Health and Safety at Work Act - Based on Australian Model Health and Safety Act - Adapted for N2 conditions - Health and Safety Reform Bill to Parliament in April Due out of Select Committee 24 July Takes 2-3 months to get through Parliament - Then at least 4 months lead time before enactment - Phase 1 Regulations go live the day after the Act - exposure drafts out now

2 Duty Holders Those who by their acts or omissions arising from work being unclertal(en, affect health and safety PCBUs i Officers Worl<ers Otiier persons at the worl<place *-. -. Key principles relating to duties The person with the duty is required to: Etiminate risks as far as is reasonably practicable Otherwise minimise those risks as far as is reasonably practicable Act stresses "risk" rather than "hazard" Cannot transfer your duty to another person May have more than one duty if you belong to more than one class of duty holder Reasonably Practicable test that which is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters including: the likelihood of the hazard or the risk concerned occurring the degree of harm that might result from the hazard or the risk what the person concerned knows, or ought reasonably to know, about the hazard or risk, and ways of eliminating or minimising the risk the availability and suitability of ways to eliminate or minimise the risk, and after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

3 An objective test A duty-holder must meet the standard of behaviour expected of a reasonable person in the duty-holder's position and who is required to comply with the same duty. Two elements - What can be done - that is, what is possible in the circumstances for ensuring health and safety. - Is it reasonable, in the circumstances to do all that is possible. What can be done should be done unless it is reasonable in the circumstances for the duty-holder to do something less. Aim is to ensure that workers and others are provided with the highest level of protection that is reasonably practicable. PCBUs "Person conducting business or undertaking" Whether for profit or gain or not Person may be entity or individual Corporation, partnership, society, association, self-employed, soletrader In best position to control risk Moves the focus from 'do I have a duty', to 'if and how that duty has been discharged' More about the impact / influence of a PCBU upon - Workers - Others Responsible for workers and others affected by the work PCBU has primary duty of care May be multiple, overlapping PCBUs on site - Shopping malls, building sites Managing risks to those below them in chain {Extent of control or influence sets degree of duty) Expected to consult and cooperate with other PCBUs Collective responsibility Wider than employment relationship Encompasses modern working relationships

4 Not PCBUs Persons engaged solely as workers or officers Volunteer Associations that don't employ workers Home occupier employing for residential work Exclusions as per Regs [Not released-aust Regs-670 pages!] - Elected member of Municipal Council - A 'strata title body corporate' that does not employ anyone Duties of PCBU's Primary duty of care: Ensure so far as is reasonably practicable the H&S of workers and others affected by the work by: Provision and maintenance of: - work environment without risks to H&S - Safe plant and structures - Safe systems of work - Adequate facilities for the welfare at work of workers - Information, training, instruction and supervision

5 Duties of PCBU's - cent Monitoring the health of workers and the conditions of the workplace Ensuring the safe use, handling and storage of plant, substances and structures A PCBU has a duty if it arranges for work to be done, directs or influences it, or contributes something for the work to be done. Individual PCBUs are also workers if they carry out work Duty of PCBU who manages or controls workplace Ensure, so far as Is reasonably practicable, that the workplace, the means of entering and exiting, and anything arising from the workplace are without risks to the H&S of any person. Duty of self-employed person Ensure his or her own health and safety while at work so far as is reasonably practicable. BUSINESS CENTRAL

6 Officers Director, Company Secretary, Partner, Officeholder - Persons* who make decisions that affect the whole, or a substantial part, of the business or undertaking - those with the capacity to significantly affect the organisation's financial standing, - Those on whose instructions or wishes directors are accustomed to act *CEO, CFO, Executive Management etc - Receiver/Manager, Administrator, Liquidator Duties of officers Must exercise due diligence to ensure PCBU compliance with H&S obligations Due diligence means taking reasonable steps to: Keep up to date knowledge of work H&S matters Understand the nature of operations and the associated hazards and risks Ensure PCBU has resources and processes to eliminate or minimise those risks (and uses them I) Due diligence - cont Ensure PCBU has processes for receiving and considering information regarding incidents, hazards and risks - and for responding in a timely way Ensure PCBU has and implements processes for complying with any duty imposed Verify the provision and use of resources above

7 Worker Includes: Employees Contractors, subcontractors and their employees Employee of labour hire company Outworker Apprentice or trainee Person gaining work experience or undertaking work trial Volunteer ' PCBU if it is an individual who carries out work in that business Duties of Workers Take reasonable care: - for his/her own health and safety - that acts or omissions don't adversely affect H&S of others Comply with reasonable instruction given by PCBU to allow PCBU to comply with Act Co-operate with reasonable H&S policy or procedure of PCBU that has been notified to workers Emphasis on effective worker participation PCBU must provide reasonable opportunity to participate effectively in improving H&S General duty to involve and consult Appropriate to workplace size, risk Guidance to be developed SME processes can be informal

8 Reporting notifiable events Death; or Notifiable injury or illness; or Notifiable incident. Responsibility of PCBU(s) to ensure reported - Immediate notification - By fastest means possible (phone, fax, , etc) - If phoned, written notice within 48 hrs if required by regulator - On-line options IVlaximum penalty - Individual S10l< - Corp$50k Preservation of incident Sites Duty of person with mgt or control of site at which incident occurred to ensure site not disturbed - Until otherwise directed by inspector - Specific circumstances Maximum penalty - Individual SlOk - CorpSSOk Record keeping of notifiable events PCBU to keep records for at least 5 years - From date of notification of incident Maximum penalty - Individual S25k - CorpSSOk

9 Tougher penalties Reckless conduct in respect of health and safety duty ' Individuai not a PCBU or officer - S300k &/or 5yrs jail PCBU or officer - S600k Si/or Syrs jail Any other person S3m Failure to comply with health and safety duty exposing to risk of death or serious illness or injury Individual not a PCBU or officer SlBOk PCBU or officer-sbook Any other person Si.5m Failure to comply with health and safety duty Individual not a PCBU or officer - $50k PCBU or officer-slook ' Any other person SSOOk Quote from Hon Michael Woodhouse 'Laws and Regulations don't improve Health and Safety-you guys do!' 'If you are waiting for the new legislation and regulations to improve you Health and Safety you are in the wrong headspace.' Leadership

10 GY