004_ACC_April_2016

Recommendations

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BACK After the notice is given, the Corporation and the employer must discuss the standard of the employer’s safety management practices. The Corporation should consider: • whether the employer should initiate a self-audit; • whether the Corporation should assist; and • whether the Corporation should help the employer to understand the need to improve safety management practices and how to do this. The employer must be given a reasonable opportunity to explain and comment on the health and safety situation in the workplace. When the Corporation/employer dialogue has concluded, the Corporation must, on the basis of the information gathered, decide whether to carry out an audit of the employer’s health and safety management practices and notify the employer of its decision. If the employer refuses to allow an audit to take place, or the audit cannot be completed in a reasonable time because the employer fails to participate, or because of the way in which the employer participates, the Corporation may increase the employer’s levies without completing the audit. If the employer fails to reach the required standard, the Corporation must increase the employer’s levies. It must not do so if the standard required by the audit tool is reached. If, later on, an employer whose levies have increased reaches the audit tool standard and a levy readjustment is required, the levies must return to the standard rate for an employer in that industry or risk class. Workplace safety management practices (WSMP) ACC operates a workplace safety management practices programme (WSMP). Under this programme audits are conducted to assess safety management practices of the employer to determine whether a discount should be placed on the employer levies. Employers can make an application to ACC to enter the WSMP programme. ACC—approved auditors assess the safety management practices of the employer based on a list of standardised criteria. This standard criteria is available to employers making an application to ACC. There are three levels of safety management that the employer can achieve under the WSMP system; the primary level, secondary level and tertiary level. If all of the audit requirements at each level are achieved then the employer can receive a corresponding discount in their Workplace Cover Levy; 10 per cent for primary level, 15 per cent for secondary level, and 20 per cent for tertiary level. Business Central member only consultants can be engaged for an additional fee to help employers achieve the WSMP standards. ACC Workplace Safety Discount Programme This programme, which was previously open to employers in certain industries, is open to small to medium employers in all industries from 1 April 2013. If approved, employers will receive a 10 percent discount to their work levy. Some details: The ACC Workplace Safety Discount programme is a great way for small to medium businesses and self-employed clients to save 10 per cent on the work component of their ACC levy. The discount is valid for three years from the date the application is accepted, including the year in which the application is accepted. To be eligible, you must either be: • self-employed; or • running a small to medium business with a total annual payroll of $537,000 (or less) or have 10 (or fewer) full-time employees. 26
BACK Employers are required to: • Provide evidence of other training or experience • Correctly complete and return a simple application form • Attach the appropriate documentation for the self-assessment section of the application form. For more information on how to apply, go to the Workplace Safety Discount Programme page on the ACC website. WORK ACCOUNT The purpose of the Work Account is to finance entitlements for individuals whose entitlements would have been provided from the Work Account under the Accident Rehabilitation and Compensation Insurance Act 1992. The Work Account covers: • work injuries suffered before 1 July 1999; • non-work injuries suffered by earners before 1 July 1992 (when employers funded both work and non-work accidents); • costs incurred by the Corporation as a contributing insurer where an injury was caused or contributed to before 1 July 1999 (that is, during the time the Corporation was the sole provider of accident compensation. (From 1 July 1999 to 31 March 2000 there was a short period when employers were able to choose their own private accident insurer.) Funds for the Work account are derived from levies payable by employers, private domestic workers, and self—employed persons. The funds in the Work account must be applied to meet the costs of: • Entitlements in respect of employee, private domestic workers and self—employed persons for work—related personal injuries; and • Entitlements that would have been funded from the Residual Claims Account immediately before the commencement of the Injury Prevention, Rehabilitation and Compensation Amendment Act 2009; and • Entitlements in respect of certain persons whose entitlements would have been provided from the Self- Employed Work Account under the Accident Insurance Act 1998; and • obligations under accident insurance contracts of employers and private domestic workers, and for self—employed persons taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000; and • entitlements in respect of employers, private domestic workers, and self- employed persons that, immediately before 1 April 2007, would have been funded from the Self- Employed Work Account or the Employers account; The levy is intended to fully fund outstanding claims’ liability by 31 March 2019. Promotion of employer involvement In carrying out its duties in relation to the Work Account, the Corporation must take all practicable steps to ensure that to the extent practicable, employers are involved in the rehabilitation of individuals covered by the Work Account. The ‘employers’ referred to are the employer who was employing the injured employee at the time the injury was suffered, and employers in the same industry class as that employer. ACCREDITED EMPLOYERS The Act allows employers—in particular larger employers—to enter into accreditation agreements with the Corporation to provide, at their own cost, entitlements in respect of workrelated personal injuries suffered by their employees. Before entering into an accredited employer agreement the employer must consult his or her employees, or their representatives, including any registered union, about the employer’s ability to comply with the relevant statutory requirements. 27
Page 1 and 2: 1 ACCIDENT COMPENSATION Empowering
Page 3 and 4: VOCATIONAL INDEPENDENCE............
Page 5 and 6: BACK INTRODUCTION New Zealand has h
Page 7 and 8: BACK An employee who deliberately m
Page 9 and 10: BACK The employer at whose workplac
Page 11 and 12: BACK If an employee was in permanen
Page 13 and 14: BACK Holiday entitlements PUBLIC (S
Page 15 and 16: BACK Vocational rehabilitation The
Page 17 and 18: BACK Changing circumstances Vocatio
Page 19 and 20: BACK Claims must be lodged within 1
Page 21 and 22: BACK A review hearing must be condu
Page 23 and 24: BACK Once an appeal notice is recei
Page 25: BACK Because the experience rating
Page 29 and 30: BACK COVER FOR NON-WORK RELATED PER
Page 31 and 32: BACK Employer ‘Employer’ means:
Page 33 and 34: BACK APPENDIX Occupational diseases

004_ACC_April_2016

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