GREGOR COSTER, CHAIR, WORKSAFE NZ

14 AUGUST 2014

HEALTH AND SAFETY IN OUR WORKPLACES

PRESENTATION TO NURSE EXECUTIVES NZ

CALL FOR A STEP-CHANGE:

Independent Taskforce on Workplace Health and Safety, April 2013

Working Safer reform blueprint, August 2013

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NOVEMBER 2013WORKSAFE NEW ZEALAND 3

WORKSAFE NZ

• New stand-alone Crown Agency• Mandate to lead a step change in

health and safety performance• Target of >25% reduction in

fatalities and serious harm by 2020

• Established December 2013

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STATEMENT OF INTENT 2013-14OUR PRIORITIES1. Targeting risk: focus on acute, chronic & catastrophic

harms

2. Working together: work collaboratively with others for maximum effect

3. Rebuilding Canterbury safely: focus on construction, occupational health & high-risk populations

4. Working smarter: implement a clearer regulatory regime

5. Strengthening our organisation: build a high-performance agency

A transition from mostly…Reactive (bottom of cliff)IncidentsOutputs Hazard/Symptom Starting with solutionsIndividual practitioner variationWorking in isolation as an agency

to mostly …Proactive and targetedPatternsOutcomesRoot causesIntelligence and context-ledGuided decision-makingEngaged and collaborative

WHAT’S NEEDED

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WORKING TOGETHER WITH EMPLOYERS AND EMPLOYEES

WorkSafe NZ’s three “E”s :

• Educate

• Engage

• Enforce

MARCH 2014WORKSAFE NEW ZEALAND 7

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OUR INTERVENTION APPROACH – OUR SPHERES OF ACTIVITYUniversal activityGeneral, basic, ongoing activity, such as awareness raising, general guidance and education & information provisionTargeted activityAddresses an identified risk in a sector, industry or enterprise, and is tailored to fit the participants, operating environment and objectivesReactive activityIn response to actual incidents, hazards or risks. Enforcement tools will be prominent in this area of activity but may lead to universal and targeted activities as well

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WORKSAFE NZ’S INTERVENTIONS

• Our principles:

• Risk-based and targeted• Led by reliable intelligence• Shared responsibility, clear accountability• Proportionate, consistent, fair, just and

impartial• Transparent, open and accountable• Outcome-focused• Take account of wider public interest

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HEALTH AND SAFETY AT WORK ACT

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THE NEW LEGISLATION – KEY ELEMENTS

No-one should be able to say they don’t understand their obligations by April next year.

• Duties are explicit• Duty-holders’ responsibilities clearly laid out• More worker participation• More tools for the regulator• Penalty regime toughened

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HEALTH AND SAFETY REFORM BILLREF. HEALTH PROVISION

• Reform Bill makes duties more explicit:• DHBs and NGOs as PCBUs must work

together• DHBs must satisfy themselves service

providers have appropriate H&S processes & protocols in place

• New ‘due diligence’ director duties• Service providers must give regard to their

requirements under other legislation, eg. HPCA

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HEALTH AND SAFETY REFORM BILLREF. HEALTH PROVISION

• Where the line is drawn: code of professional conduct and H&S law• Distinction is drawn on clinical judgement• Serious harm arising from treatment by

registered health professionals more appropriately dealt with by Health & Disability Commissioner

• WorkSafe NZ reserves right to investigate

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THE LEGISLATION

“As far as is reasonably practicable…”What is or was reasonably able to be done to ensure health and safety taking into account and weighing up all reasonable matters. PCBU – person conducting a business or undertakingThe legal entity conducting business ranging from an enterprise to the self-employed person. Specific and clarified duties imposed and ensures no gaps through which health and safety responsibilities can fall.   

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HEALTH AND SAFETY REFORM BILLIN THE CASE OF MULTIPLE PCBU’S

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THE LEGISLATION

Worker participationDirects PCBUs to engage with workers and to have effective agreed participation practices on health and safety matters. Cooperation where multiple PCBUs are operating on one site to protect their own, and other workers on site. May have multiple duties and more than one PCBU may have the same duty.Regulatory frameworkA comprehensive supporting framework including regulations, ACOPs and guidance to provide further clarity of expectation and how these goals in the Act can be achieved in practice.

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THE LEGISLATION

Primary duty of careDefines the requirements on PCBUs to look after its workers and those workers influenced or directed by the PCBU. Ensure other persons’ health and safety not put at risk as part of the conduct of the PCBU.  EnforcementWider range of tools for the regulator. Graduated scale of significantly increased penalties is introduced. The regulator will take a proportional approach. 

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HEALTH AND SAFETY REFORM BILL - REGULATIONS

• Regulation development in two phases

• First phase focused on developing regulations for:• General risk and workplace management• Worker participation and representation• Work involving hazardous substances• Major hazard facilities• Work involving asbestos

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SUPPORTING GUIDANCE

• Critical to the success of the new model

• Very significant issue in our consultation

• Significant capability and capacity build underway in our Standards and Guidance Team

• 40 pieces of guidance on the list today

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KEY OFFICERS’ DUTIES

• Officers have a due diligence duty

• It is individual to officers

• Includes taking reasonable steps to:• acquire, and keep up-to-date, knowledge of work health and safety matters• gain an understanding of the nature of the operations of the business or

undertaking of the PCBU and generally of the hazards and risks associated with those operations

• ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking

• ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards and risks and for responding in a timely way to that information

• ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under the Act

• verify the provision and use of the resources and processes referred to above.

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HEALTH AND SAFETY REFORM BILLGOOD GOVERNANCE GUIDE

• Adhere to principles of quality governance

• Check out ‘Good Governance Practices Guideline for Managing H&S Risks’, www.iod.org.nz

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SO WHAT IS THE GOAL?

• The simple goal:Workers go home healthy and safe every day

• The absolute goal:25% (at least) reduction in fatalities and serious harms by 2020

worksafe.govt.nz0800 030 040

Everyone who goes to work comes home healthy and safeEveryone has a role to play