NEW ZEALAND HEALTH & SAFETY AT WORK ACT 2015 NEW ZEALAND HEALTH & SAFETY AT WORK ACT 2015. Health & Safety “A New Approach”

Health & Safety A New Approach WHY SHOULD WE WORRY ABOUT SAFETY? Basically there are 3 Reasons: Legal Financial Ethical & Moral

Health & Safety A New Approach Lord Atkins 1834- Donahue vs Stevens The Duty of Care Lord Robens 1970- Practicable Maxwell-QC 2004- Reasonably Practicable “The Common Law Connection” What is my Duty? To whom do I owe that Duty? How Do I fulfil That Duty? Australian Act 2011 and the New Zealand Health & Safety at Work Act 2015- “The Test of Reasonableness” Workers are to receive the: “Highest Levels of Protection”

Health & Safety A New Approach THE TEST OF REASONABLENESS “5 Step Test” (Hierarchical Test) Likelihood Consequence State of Knowledge Ways of Mitigation Cost of Mitigation

Health & Safety A New Approach “DUTY HOLDERS” Primary Duty Holder – PCBU A person conducting a business or undertaking replaces: Employers Principals / Directors Persons in effective control At law a “person” is also defined as being an Incorporated body or Unincorporated body an association or partnership. BUSINESSES Enterprises usually conducted with a view to making a profit and have a degree of organisation, system and continuity UNDERTAKINGS May have elements of organisation, systems, and possibly continuity, but are usually not profit-making or commercial in nature. “A Person conducts a business or undertaking whether it is conducted alone or with others, and whether or not it is conducted for profit or not” A Worker cannot be a PCBU! An Officer is Not a PCBU! A Volunteer Organisations are not PCBU’s! A Residential Workers (domestic chores etc.) are not PCBU’s!

Health & Safety A New Approach “DUTY HOLDERS” Primary Duty Holder – PCBU Examples of PCBUs that are organisations include: public companies private companies trustees that are companies cooperatives that are companies government departments and authorities incorporated associations if they employ someone local authorities (municipal corporations or councils) schools It is not an individual, unless they are conducting the business in their own name as a sole trader or partner. Examples of PCBUs who are individuals include: partners in partnerships  sole traders and the self employed individual trustees of trusts (as with some family businesses) committee members of unincorporated associations if they employ someone.   The person conducting the business or undertaking is also a worker if they carry out work in the business or undertaking.

Health & Safety A New Approach “DUTY HOLDERS” Officers. Directors, Company secretary, Partner, Officeholder: Those involved in making decisions that affect the whole or a substantial part of the business or undertaking Those with capacity to affect significantly the organisation’s financial standing Those on whose instructions or wishes directors are accustomed to act Receivers, administrators, liquidators

Health & Safety A New Approach “WORKERS” WHO IS A WORKER? Workers include: an employee a contractor or subcontractor an employee of a contractor or subcontractor an employee of a labour hire company who has been assigned to work in the person's business or undertaking an outworker an apprentice or trainee a student gaining work experience a volunteer

Health & Safety A New Approach “WHAT MAKES UP A COMPLIANT SAFETY SYSTEM”

Health / Safety / Quality Management System Based on : AS/NZS 4801 / ISO 9001 COMPANY POLICY STATEMENTS: OHS Rehabilitation Drugs & Alcohol Harassment / Bullying & Violence Equal Opportunity Quality Policy Statements IMS Manual Addresses the elements of AS/NZS 4801 Business Legal Register Master Risk Assessment OHS Integrated Business Management Procedures RULE 137 /135 Manual & Procedures Master Forms Small Plant SOP’s Plant Register & Risk Assessments Safe Work Method Statements Records