Improving health and safety at work: An effective regulatory framework

More documents

Recommendations

Info

In Confidence79 I recommend that the proposed Health and Safety at Work Bill include an extendedperiod for initiating court action based on the Model Law.Worker ParticipationProblem Definition80 Worker participation in health and safety matters in the workplace has been associatedwith better health and safety performance.81 Our legislative framework for worker participation is less rigorous than overseasjurisdictions (particularly Australia). The HSE Act excludes businesses with fewer than30 employees from the requirement to have a worker participation system (unless oneis requested by a worker or union), and there are gaps in protections for workers whoraise health and safety issues. The legislation focuses on “employee” rather than“worker” participation which disincentivises people in multi-employer environments fromestablishing sensible worker participation systems that involve all the workers presentin the workplace. There is a smaller role for health and safety representatives thanthere is in Australia.82 In addition, enforcement of the existing provisions on employee participation has beenlacking.Taskforce recommendation 3: that the government strengthen the legal framework for workerparticipation, including through providing (based on the Model Law):a) specific obligations for employers to support worker participationb) expanded powers and responsibilities for worker health and safety representativesc) stronger protections for workers who raise workplace health and safety matters.Taskforce Recommendation 4: that the government ensure that the following actions occur tosupport effective worker participation:abthe new agency should include in regulations, approved codes of practice (ACoPs) andguidance material more specific requirements for how worker participation is expected to occurthe new agency should provide increased support for worker participation, including increasedsupport for:i. worker health and safety representativesii.iii.workers who raise workplace health and safety matters, including either confidentiallyor anonymouslyunions’ existing rights of entry.Comment83 I agree with the Taskforce that we can and should lift the current worker participationrequirements to help drive better outcomes in the workplace. I also agree that there areaspects of detail in the Model Law that are neither necessary nor appropriate in theNew Zealand context. For this reason, worker participation would be one of the mainareas in which the new Health and Safety at Work Bill diverges from the Model Law.However, most of the divergence will be in relation to the level of prescription andwhere particular requirements sit (i.e. legislation, regulation and ACOPs). In the main,similar outcomes are still being sought.MBIE-MAKO-1460855712
In Confidence84 As with the Model Law framework, the worker participation system should include ageneral duty to involve and consult workers on health and safety matters. All PCBUswill be required to have worker participation practices that are appropriate to theworkplace. This is a change from the current requirements where only workplaces withmore than 30 employees, or where a worker or union has requested it, have to haveworker participation systems.85 This will mean that for all workplaces:a. If the workers want to have health and safety representative/s, the duty-holdermust consult the representative/s, allow them time off for training within threemonths of being requested, pay for that training, provide time and resources toperform their role, and give them information.b. The legislation will specify powers and functions for representatives andcommittees, including the powers for trained health and safety representatives todirect unsafe work to cease (balanced by safeguards against improper use) andissue a Provisional Improvement Notice to a person they believe is contraveningthe Act.c. If the workers and/or PCBU want to have a health and safety committee, workersmust make up at least half of the committee, the PCBU must consult thecommittee, the PCBU must allow the committee time to perform its role and thePCBU must give the committee information.86 Approved Codes of Practice and regulations will be developed to provide guidance forrepresentatives, committees and PCBUs about how the worker participation provisionsapply to them. These will include materials targeted at smaller workplaces. I recognisethat small firms are less likely to have representatives or committees for workplacehealth and safety and will need to consult and involve their workers in other moreinformal ways; this will be acceptable under the law. In consultation with the relevantsectors, WorkSafe will be able to work on regulations, ACoPs and guidance on workerparticipation in specific industries (such as high-hazard industries), if these are seen tobe necessary and appropriate.87 These proposals will result in increased expectations on PCBUs to consult and involveworkers, along with more clarity about how effective worker participation systems canbe developed and maintained within different workplaces. For workplaces with workerrepresentatives and committees, those representatives and committees will havegreater powers and responsibilities.Proposed divergences from the Model Law88 I agree with the Taskforce that we should not adopt some of the detail in the ModelLaw, such as provisions on establishing designated work groups. I consider theseprocedural details are unnecessarily prescriptive for our legislation and could imposeunnecessary compliance costs on businesses. Procedural details (for example electionprocesses) could sit in regulations or guidance rather than in the Act. Officials arereviewing whether other details such as health and safety representatives’ term ofoffice should be omitted, or if doing so would have implications for other provisionsbeing adopted from the Model Act.89 The Taskforce recommended adopting the Model Law’s powers and functions forhealth and safety representatives, with a small change: the right of health and safetyrepresentatives to be present at interviews of workers or groups of workers should besubject to agreement from not only the worker, but also the inspector. I agree with thischange, and also recommend one more. I favour maintaining the useful provision in ourexisting legislation that gives health and safety representatives a role in promoting theinterests of workers who have been harmed at work, including in relation toarrangements for rehabilitation and return to work.MBIE-MAKO-1460855713
Page 1 and 2: In ConfidenceOffice of the Minister
Page 3 and 4: In Confidenceb. the concept of taki
Page 5 and 6: In Confidence24 If the Model Law is
Page 7 and 8: In ConfidenceCoverage of the NZ Def
Page 9 and 10: In Confidencea. issue guidance, war
Page 11: In Confidence70 I propose that the
Page 15 and 16: In Confidence98 Controls that are s
Page 17 and 18: iv.In Confidenceinvolve members of
Page 19 and 20: In Confidence113 MBIE will report t
Page 21 and 22: In Confidence126 Based on the Austr
Page 23 and 24: In Confidence14. Note that, under t
Page 25 and 26: In Confidence33. Agree that WorkSaf
Page 27 and 28: INTERPRETIVE GUIDELINE—MODEL WORK
Page 29 and 30: A not-for-profit organisation that

Improving health and safety at work: An effective regulatory framework

Create successful ePaper yourself

Delete template?

Save as template?