Improving health and safety at work: An effective regulatory framework

In Confidence21.1. the regulations will provide for a list of exclusions from designation to be set outin the regulations21.2. designations will be deemed regulations, and subject to oversight by theRegulations Review Committee21.3. WorkSafe will be required to follow a robust process and consult the affectedpersons, and will be subject to judicial review.22. Note that the MBIE is currently working on mapping the risk landscape andjurisdictional responsibilities of different regulators, in relation to New Zealand’s existingstock of major hazard facilities, and expects that work to be completed by December201323. Agree that MBIE and subsequently WorkSafe should promote compliance withobligations (including the Approved Code of Practice for Managing Hazards to PreventMajor Industrial Accidents) and carry out monitoring against those obligations until theproposed regulations are implemented24. Agree that the Health and Safety at Work Bill include provisions for the costsassociated with regulating major hazard facilities to be recovered from the facilityoperatorsData sharing among agencies25. Agree in principle that data sharing among agencies with roles in the workplace healthand safety system should be facilitated through the Health and Safety at Work Bill,subject to appropriate privacy protections26. Invite the Minister of Labour to report back to Cabinet seeking approval of specificmechanisms for information sharing that may be required to be implemented throughthe Health and Safety at Work BillDrafting of Health and Safety at Work Bill and associated regulations27. Note that the Health and Safety at Work Bill has a legislative priority of Category 4 (tobe referred to select committee in the year) in the 2013 legislation programme28. Invite the Minister of Labour to instruct the Parliamentary Counsel Office to draft aHealth and Safety at Work Bill and regulations regulating the operation of major hazardfacilities to be made under the Bill29. Authorise the Minister of Labour to make decisions on detail and to make changes,consistent with the policy framework in this suite of papers, on any issues that ariseduring the drafting process30. Authorise the Minister of Labour to release an exposure draft of the Health and Safetyat Work Bill and major hazard regulations for public comment if the timeframe permits31. Agree that MBIE will administer the Health and Safety at Work Act, and as theadministering agency, will lead advice to Ministers on statutory regulations to be madeunder the new Act32. Note that MBIE and WorkSafe will need to work closely in the development ofregulationsMBIE-MAKO-1460855724