Improving health and safety at work: An effective regulatory framework

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In Confidence5. Note that officials will provide further advice to the Minister of Labour and Minister ofDefence on the implications of excluding operational service6. Agree that Crown organisations should continue not to be subject to fines forcontraventions of health and safety law7. Agree that the Health and Safety at Work Bill include a power for the court to order theoffender to pay the regulator’s costs in bringing a successful prosecution8. Agree that the infringement notice regime in the current HSE Act should be included inthe Health and Safety at Work Bill, with changes to omit the requirement to first give awarning and to adopt the process for setting the infringement fee from the Model Law9. Agree that the new law should carry over rules that provide for private prosecutionfrom the HSE Act10. Invite the Minister of Labour and Minister of Justice to report back by December 2013on how greater specialist health and safety capacity in the judiciary can be bestachieved and implemented through the Health and Safety at Work Bill11. Agree that the limitation period for commencing prosecutions should follow the ModelLaw, so that proceedings must be initiated within the latest of two years of an offencefirst coming to the notice of the regulator, one year of a coronial report or inquest if itappears from the report that a health and safety offence had been committed, and sixmonths of the contravention of an undertaking12. Agree that, in relation to worker participation, the new Health and Safety at Work Billshould:12.1. place an obligation on all PCBUs to consult with workers on health and safetymatters that affect them, so far as is reasonably practicable, and require allPCBUs to have worker participation practices appropriate to their workplace12.2. require that if the workers want to have health and safety representative/s, thePCBU must consult the representative/s, allow them time off for training withinthree months of being requested, pay for that training, provide time andresources to perform their role, and give them information12.3. require that if the workers and/or PCBU want to have a health and safetycommittee, workers must make up at least half of the committee, the PCBU mustconsult the committee, the PCBU must allow the committee time to perform itsrole and the PCBU must give the committee information12.4. provide health and safety representatives and committees with the powers basedon those provided under the Model Law, including the right for trained health andsafety representatives to direct unsafe work to cease (with safeguards againstimproper use) and to issue a Provisional Improvement Notice to a person theybelieve is contravening the Act13. Agree that, in relation to worker participation, the Health and Safety at Work Bill shouldnot:13.1. provide for a system of workplace entry permit holders13.2. require PCBUs to develop an issue resolution procedure13.3. include procedural details that would be better placed in regulations or guidance,such as details about establishing designated work groupsMBIE-MAKO-1460855722
In Confidence14. Note that, under the Employment Relations Act 2000 (ERA), employees may take apersonal grievance against an employer who discriminates against them for health andsafety reasons, but non-employees cannot access these protections15. Agree that the ERA should continue to provide the basis for resolving disputesbetween employers and employees relating to discrimination in relation to health andsafety issues16. Note that consequential amendments to the ERA will be necessary to make theprotections more explicit and visible and to refer to the new health and safety regime17. Agree that new anti-discrimination provisions be implemented through the Health andSafety at Work Bill that cover disputes between workers and PCBUs outside theemployer/employee relationship in relation to discrimination relating to health andsafety mattersMajor hazard facilities18. Note that major hazard facilities store and process large quantities of dangeroussubstances that have the potential to cause a major accident19. Note that the current regime for regulating major hazard facilities under the HSE Actdoes not provide the public with a high level of assurance that the risks are adequatelycontrolled by operators, or monitored and regulated by the regulator20. Agree that regulations for major hazard facilities be made under the Health and Safetyat Work Bill with the following features:20.1. a facility or proposed facility will automatically be a major hazard facility ifquantities of particular dangerous substances are (or will be) processed, handled,or stored on site that exceed (high) thresholds prescribed in the regulations20.2. WorkSafe may designate a facility or proposed facility which holds (or will hold)more than 10 percent of the threshold quantity as a major hazard facility,following an inquiry that considers the potential for a major accident to occur atthe facility or proposed facility (having regard to quantity or combination ofdangerous substances, the type of activities at the facility and the surroundingland use) and submissions from the operator and interested persons20.3. Major hazard facilities must:20.3.1. prepare a safety case for assessment by the regulator20.3.2. prepare and implement an emergency response plan, in consultationwith emergency services and the relevant territorial authority20.3.3. investigate any dangerous occurrence and report to the regulator on theoutcome of the investigation20.3.4. involve members of the workforce in the preparation and review of thesafety case, safety management system, and emergency response plan20.4. WorkSafe will be able to prohibit the operation (or bringing into operation) of amajor hazard facility (or any part) where the measures taken by the operator forthe prevention and mitigation of major accidents are seriously deficient21. Agree that WorkSafe’s decisions to designate major hazard facilities agreed above willbe subject to the following checks and balances:MBIE-MAKO-1460855723
Page 1 and 2: In ConfidenceOffice of the Minister
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Page 29 and 30: A not-for-profit organisation that

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