2. Be Prepared For Change
Are you Prepared?

3. Agenda Introduction - Swensen & Associates Ltd
Background to Change – Setting the Scene
What Exactly IS the Change?
Am I Prepared?
Questions

4. introduction Swensen & Associates Ltd
Established in January 2013 after it was identified that small to medium sized businesses lacked readily available access to professional advice and support in regards to Safety, Environmental and Quality Management Systems.
Has a breadth of industry and workplace experience that allows them to provide a tailored solution that is cost effective and efficient.
Andrew Swensen, Managing Director
Holds a Diploma of Health and Safety Management from NZ Institute of Management, in addition to other qualifications and competencies.
Has extensive contract consulting, leadership and executive management experience across many industries and business services.

5. Background to Change – Setting the Scene
Over a 5 year period there was, on average:
75 worker deaths per year
6,000 plus serious harm incidents per year
600 to 900 deaths from occupational illness
Then…
Pike River ! - 27 deaths in one incident (A catalyst and a call to action)

6. What Exactly IS the Change?
A new workplace safety regulator – WorkSafe NZ
A “new” Act based on the Australian Model Law
New Regulations
New compliance tools, Court powers, and stronger penalties.

7. What Exactly IS the Change?

8. What Exactly IS the Change?

9. What Exactly IS the Change?

10. What Exactly IS the Change?

11. What Exactly IS the Change?

12. What Exactly IS the Change?

13. A Whole New Language, to learn
Person Conducting a Business or Undertaking (PCBU)
Officer
Due Diligence Duty
Reasonably Practicable
Worker

14. PCBU (Person Conducting a Business or Undertaking)
Person – a legal entity (includes corporations)
Business – an enterprise usually conducted for making a profit. Have organisation, systems, and continuity.
Undertaking – May have organisation, systems, and continuity but are usually not profit making or commercial.

15. Duties of a PCBU PCBU duties
Controller of Workplace
Controller of plant, fixtures or fittings
Designers of plant, substances or structures
Manufacturers of plant, substances or structures
Importers of plant, substances or structures
Suppliers of plant, substances or structures
Installers, constructors, or commissioners of plant or structures
PCBU duties
As a PCBU, your primary duty of care is to ensure so far is reasonably practicable:
The health and safety of workers
That the health and safety of other persons is not put at risk by your business
A PCBU must also ensure, so far as is reasonably practicable: 
That their work environment does not pose risks to health and safety,  
Safe plant, structures and systems of work are provided and maintained,  
The safe use, handling and storage of plant, substances and structures,  
There are adequate facilities for their workers’ welfare while at work,  
All workers receive the appropriate information, training, instructions and/ or supervision necessary to protect them from health and safety risks,  
The health of their workers and the conditions at the workplace are monitored so as to prevent workers’ injury or illness.

16. Overlapping Duties What is an overlapping duty?
An overlapping duty is when more than one person conducting a business or undertaking (PCBU) has health and safety duties in relation to the same matter.
For example, several PCBU’s staff might be working on a worksite together with a number of different contractors or businesses - including through contracting or supply chains.
Each PCBU must consult, cooperate and coordinate with other PCBUs, so far as is reasonably practicable. This is a non-negotiable requirement.
What this means is that each PCBU must discharge its duties to the extent that it has the ability to influence and control the matter.  
Practical steps to take when there is an overlapping duty:
Talk to the other parties (PCBUs) as soon as possible
Consider what information each PCBU needs, and needs to provide to the others
Discuss what each PCBU will be doing (how, when, where and what)
Discuss who has control and influence over what work
Discuss what workers will be involved in the various work and activities
Check what each PCBU knows about the hazards and risks and what will they be doing about them
Discuss and agree how the PCBU’s will work together on health and safety
Discuss and agree how the PCBUs will check that what they are all doing is working

17. Director or equivalent
Officer
Officer
Director or equivalent
Partner
Anyone who makes decisions that affect the whole, or a substantial part, of the business
Duty of care
An officer must exercise Due Diligence to ensure the PCBU complies with duties and obligations
Health and Safety Reform Bill Section 12

18. Due Diligence Health and Safety Reform Bill Section 12 Due Diligence
Acquire and keep up-to-date knowledge of work H&S matters
Gain an understanding of the nature, hazards, and risks associated with the operation
Provide and use appropriate resources and processes to eliminate or minimise work H&S risks
Have processes for gathering information on incidents, hazards, and risks.
Ensure workplace health and safety and legal compliance
Verify the use of these resources and processes
Health and Safety Reform Bill Section 12

19. Reasonably Practicable
‘Reasonably practicable’ means what is or was reasonably able to be done to ensure health and safety, taking into account all relevant matters, including:
the likelihood of the risk/hazard occurring,
the degree of harm that would result,
what the person knows or should know about the risk/hazard and ways to eliminate or minimise it
the availability and suitability of ways to eliminate or minimise it,
as a last step, an assessment of the cost of the availability and suitability of ways to eliminate or minimise it, including whether costs are grossly disproportionate.
Health and Safety Reform Bill Section 12

20. Worker Workers’ duties A ‘worker’ has obligations to:
take reasonable care for their own health and safety
take reasonable care that their acts or omissions do not adversely affect the health and safety of others
comply, as far as reasonably able, with any reasonable instruction that is given by the PCBU to allow the PCBU to comply with its health and safety obligations
cooperate with any reasonable PCBU policy or procedure relating to health or safety at the workplace that has been notified to workers  
A worker may be liable: The most serious offences carry the risk of a term of imprisonment not exceeding 5 years, or a maximum fine of $300,000. Insurance against fines imposed for H&S breaches is invalid and has no effect.
Health and Safety Reform Bill Section 12

21. Key Principles of Duties
Duties not transferable
A person may have more than 1 duty
More than 1 Person can have the same duty
Each must fulfil that duty to the extent they are able
Each must consult, cooperate, and coordinate with the others
Can not contract out of any duty.

22. Am I Prepared?
Questions…