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Dec 03, 2022 •527 likes •809 views

Health and Safety at Work Act: What you need to know WHY DO WE NEED NEW WORKPLACE HEALTH AND SAFETY LAW? 73 people die on the job every year 1 in 10 is harmed At least 600 die from work-related diseases 200,000 ACC claims for

  1. Health and Safety at Work Act: What you need to know

  2. WHY DO WE NEED NEW WORKPLACE HEALTH AND SAFETY LAW? 73 people die on the job every year • 1 in 10 is harmed • At least 600 die from work-related diseases • 200,000 ACC claims for work-related harm • $3.5 billion in costs (2-4 percent of GDP) • Devastating emotional toll • 2

  3. THE INDEPENDENT TASKFORCE REPORT Current H&S landscape “Appalling” “Unacceptable” “Unsustainable” 3

  4. WORKING SAFER: A BLUEPRINT FOR HEALTH AND SAFETY 25% reduction in injuries and fatalities by 2020 Everyone has a role 4

  5. HEALTH AND SAFETY AT WORK ACT • The Act has now been passed by Parliament • The new law (the Health and Safety at Work Act) and supporting regulations will come into force on 4 April 2016 • Supporting regulations are being developed 5

  6. THE HEALTH AND SAFETY AT WORK ACT Do I have a What is my responsibility? responsibility? 6

  7. KEY ELEMENTS www.worksafe.govt.nz 7

  8. WHAT IS A PCBU? A “person” conducting a business or undertaking 8

  9. WHO ISN‟T A PCBU? Workers Volunteer Associations Officers Home Occupiers 9

  10. THE PCBU HOLDS THE PRIMARY DUTY OF CARE… Because those who create risk… Are responsible for managing it. 10

  11. WHAT IS THE PRIMARY DUTY OF CARE? The PCBU is required to look after the workers it employs or engages, as well as those workers influenced or directed by the PCBU The PCBU must also ensure others‟ health and safety is not put at risk from the conduct of the business or undertaking 11

  12. “SO 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 12

  13. UPSTREAM ACTIVITIES Designers Install Manufacturers Construct Suppliers Commission Importers 13

  14. DUTY TO CONSULT, COOPERATE AND COORDINATE PCBUs must discharge their duty to the extent possible based on ability to influence and control the matter 14

  15. OVERLAPPING AND SHARED DUTIES Architect Electrician Carpet layer Builder Plumber Painter „Contracting in‟ 15

  16. WHO IS AN OFFICER? “… exercise significant influence over the management of the business or undertaking (for example a chief executive). 16

  17. OFFICERS‟ DUTIES Due diligence 17

  18. OFFICER DUTIES V PCBU DUTIES Officers do not have to directly PCBU holds primary duty for ensure health and safety. health and safety. They must exercise due diligence Officer‟s due diligence that the PCBU is meeting its complements this duty – it primary duties. doesn‟t replace it. 18

  19. WORKERS AND OTHERS (VISITORS, ETC) “Reasonable care” to ensure their own safety and the safety of others 19

  20. WORKER PARTICIPATION “Workers and managers must work together closely to find joint solutions to common risks and problems.” 20

  21. VOLUNTEERS “…who do not Volunteer workers employ any as for any other person…” worker Are not a PCBU Casual volunteers as for ‘others’ 21

  22. Managing safety in a „Workplace‟ Where work is being carried out or is customarily carried out. On a farm = farm buildings and areas immediately surrounding them (or on the farm when farm work is being carried out). 22

  23. REGULATIONS AND GUIDANCE 23

  24. IN A NUTSHELL Leaders need to step up and be accountable • Identify and manage your risks • Health and safety must be part of your organisation‟s culture • Get your workers involved • We will engage and support you • 24

  25. WANT TO KNOW MORE? Visit our webpage: www.worksafe.govt.nz and sign up for updates Call our Service Centre 0800 030 040 @WorkSafeNZ WorkSafeNZ 25

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