Health and Safety Reform Bill: 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 work-related harm $3.5 billion in costs (2-4 percent of GDP) Devastating emotional toll 2

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

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

REFORM BILL - STATUS The Select Committee has now reported back to the House The Bill will go through its remaining stages in Parliament before it is passed into law The new law (the Health and Safety at Work Act) and supporting regulations will come into force some months after it is passed to give people time to prepare 5

6 THE HEALTH AND SAFETY REFORM BILL What is my responsibility? Do I have a responsibility?

Cold storage and logistics Hazards and risks in cold storage and related logistics are significant. Include and not limited to: » Mobile plant » Entrapment » Traffic management esp forklift operation » Manual handling » Working in extreme temperatures » Hazardous subs including ammonia » Falling goods » Machinery » Noise 8

Case studies 9 UK 2014 HSE Cold storage company fined pounds for two matters after a worker was trapped underneath a falling section of cold store and for a worker developing hand-eye vibration syndrome Missing risk assessment, inadequate training, insufficient supervision, unsafe work practices Primo Smallgoods Australia 2014 Fatality of labour hire worker crushed when a false ceiling of a freezer room collapse due to the weight of ice build up; ice build up was half metre thick Primo entered guilty plea – failings included not undertaking regular maintenance checks, removing debris from the freezer, repairing damaged freezer doors, training workers and supervisors Offence proven but charges dismissed on grounds of foreseeability

10 KEY ELEMENTS

WHAT IS A PCBU? 11 A “person” conducting a business or undertaking

WHO ISN’T A PCBU? 12 WorkersVolunteer Associations Officers Home Occupiers

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

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 14

“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 - Likelihood -Degree of harm -What is known -Availability of methods -Costs 15

16 UPSTREAM ACTIVITIES Manufacturers Designers Suppliers Importers Install Construct Commission

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

18 OVERLAPPING AND SHARED DUTIES Carpet layer Electrician Painter Architect Builder Plumber ‘Contracting in’

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

20 OFFICERS’ DUTIES Due diligence

WORKER PARTICIPATION 21 “Workers and managers must work together closely to find joint solutions to common risks and problems.”

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 22

23 WANT TO KNOW MORE? Visit our webpage: and sign up for updates Call our Service Centre WorkSafeNZ

24