Improving health and safety at work: An effective regulatory framework

In Confidence118 The setting of ACOPS and development of guidance material will be a core function ofWorkSafe. Based on the Australian experience, I anticipate that up to 20 ACOPs(outlining preferred practices in core sectors or to manage hazards) and a range ofassociated guidance material will need to be developed before the new Act comes intoeffect (or very soon after). Guidance material will be particularly important in helpingduty holders to come to grips with key concepts contained within the new law, such asPCBU, and reasonable practicability. The ACOPs and guidance developed to supportthe Model Law can be used as a basis for this work, with adaptations for New Zealandconditions as necessary. In a minority of cases, New Zealand-specific publications willneed to be developed. WorkSafe will need to dedicate significant resource to thedevelopment and maintenance of ACOPs and guidance on an on-going basis. Otheragencies are likely also to need to review and maintain guidance material.119 It will be important for stakeholder buy-in and technical accuracy that WorkSafe has themechanisms and resource to contribute to stakeholder participation in the developmentof the ACOPs and guidance and regulations. Recommendations for resourcingstakeholder participation in the development of ACoPs, regulations and guidance areincluded in the companion paper Improving Health and Safety at Work: Overview.Consultation120 Consultation on the package of proposals is discussed more fully in the Cabinet paperImproving Health and Safety at Work: Overview.121 The Treasury, State Services Commission, Civil Aviation Authority, Maritime NewZealand, New Zealand Police, New Zealand Transport Agency, the Transport AccidentInvestigation Commission, the Tertiary Education Commission, New ZealandQualifications Authority, Te Puni Kōkiri, Environmental Protection Authority, and theMinistries of Health, Justice, Transport, Education, Women’s Affairs, Pacific IslandAffairs, Defence, Internal Affairs, Foreign Affairs, Primary Industries, and Environmenthave been consulted on proposals in this paper. The Department of Prime Minister andCabinet was informed.Financial implications122 Financial implications arising from the package of proposals are discussed in theCabinet paper Improving Health and Safety at Work: Overview.Human Rights123 Legislation resulting from this paper's proposals may engage the rights and freedomsof the New Zealand Bill of Rights Act 1990 ('the Bill of Rights Act') but are likely to beconsistent with the Bill of Rights Act because they are justified under section 5 of thatAct. A final view as to whether the proposals comply with the Bill of Rights Act will bemade once the Health and Safety at Work Bill is drafted.Legislative implications124 This paper proposes enactment of a Health and Safety at Work Bill and the making ofassociated regulations regulating major hazard facilities. The new law will replace theHSE Act and Machinery Act and make amendments to a number of other Acts to giveeffect to the decisions in this paper and the companion papers making up the suite ofCabinet papers.125 The Health and Safety at Work Bill has a legislative priority of Category 4 (to bereferred to select committee in the year) in the 2013 legislation programme.MBIE-MAKO-1460855720