Health and Safety at Work Act 2015 passed
25 August 2015The Health and Safety in Employment Act 1992 was based on the employee/employer relationship. The Health and Safety at Work Act 2015 broadens this to include “workers” and “persons conducting a business or undertaking” (PCBU). The definition of “worker” is somebody who “carries out work in any capacity for a PCBU”. It includes employees, contractors, trainees, those gaining work experience, and volunteers. A PCBU has a primary duty to ensure, so far as reasonably practicable, the health and safety of workers and others affected by its work. Workers also have responsibilities regarding the health and safety of themselves and of those around them.
The engagement, participation, and representation of workers are central to the Act.
From the clamour in the press one would think that the original Bill has been gutted but that’s not the case. An overview of the key changes made by the Select Committee follows.
Health and Safety Reps
This was the most controversial aspect of the recommendations. It is optional for PCBUs in low-risk sectors, who employ fewer than 20 employees, to hold an election for a health and safety representative or committee. The high risk sectors will be specified in regulations and already this has proven controversial.
Our opinion is that it’s not the system itself which will protect employees at work, but rather the attitude and commitment of the people involved (and you can’t legislate for that). If we go back to Pike River for example, there were full time health and safety managers employed, employee health and safety representatives and active union involvement, but that did not stop the tragedy from occurring. If we are serious about improving health and safety we must develop lasting behavior change by creating a culture that is collectively mindful of safety and well-being.
Volunteers
Currently casual volunteers are treated differently from other employees. The new Act maintains that distinction, by defining “volunteer workers” as those who work for a PCBU with its knowledge or consent on an “ongoing and regular” basis, and whose work is integral to the business or undertaking.
Casual volunteers are not “volunteer workers”, but their health and safety is covered by a PCBU’s duty to look out for the health and safety of other people affected by the conduct of its business or undertaking.
Officers
The definition of officer is confined to people in very senior governance roles, such as directors and chief executives who “exercise significant influence over the management of the business or undertaking”. Those who merely advise or make recommendations are not officers.
High-risk plant
The Act applies to every operator of high-risk plant, even if the operator is not a PCBU. This widens the Act to include operators such as volunteers. What constitutes high-risk plant will be set out in regulations, which could include amusement devices such as inflatable slides
Commencement
Sub-part 3 of Part 5 concerning regulations and codes of practice comes into effect on the day after Royal Assent, with the remaining provisions coming into effect on 4 April 2016. Contact us for a presentation and analysis of your obligations.