1. Health and Safety According to Keith Robinson

2. Work Related Deaths in NZ
Pike River and Christchurch Earthquake
However, there are people dying from work related diseases per year !

3. HSE Act 1992 V HSW Act 2015 Health and Safety in Employment Act 1992
Health and Safety at Work Act 2015
Applies to employers, employees and contractors
Applies to previous PLUS volunteer and non-profit organisations, trainees, outworkers, students on work experience. Volunteer workers only covered if working regularly for a PCBU
Under-resourced and few inspectors – approximately 30 nationally
Very structured inspection system raising to 200+ inspectors
Fines depended upon culpability:
Low level – up to $50,000 fine
Medium level – up to $100,000 fine
High level – up to $175,000 fine
Reparations also possible to put right damage done
Maximum Tiered Penalties
Individual Officer
Body Corporate
Reckless Conduct
Exposing to serious risk
Failure in H&S duty
$300,000 / 5 years $600,000/5 Years
$150, $300,000
$50, $100,000
$3 million
$1.5 million
$500,000
Insurance against these fines is not possible; insurance can cover reparations and legal fees.
An “officer” a person who can exercise significant influence over the management of the business or undertaking
Employers and Employees must be able to demonstrate that they have taken “Reasonable Care”
Must pass ALL 6 “Due Diligence” tests:
must have up to date knowledge of H&S matters – safety leadership and safety culture; legal obligations
must identify “reasonably foreseeable risks” – and minimise the risk ongoing and as new risks arise
must provide appropriate resources & processes – on the basis of need not budget
must manage hazards, incidents and risks in a timely way; continuous improvement
must have H&S compliance – e.g. a manual, Hazard Reg, Training etc
must check that resources and processes are being followed
“Serious Harm” reports unlikely to receive substantial follow-up unless very major injury
Notifiable Injury: Amputation, serious head injury / eye injury / laceration / infection / burn
Spinal injury, loss of bodily functions, accident causing the need for hospital treatment
Notifiable Incident: Spillage or escape of a substance – including gas or pressurised substance, implosion, explosion of fire, electric shock, item falling from height, collapse, overturning
Contractor induction required
Contractor and Sub-contractors must be solicited as if “workers” to ensure that they have the opportunity to improve the principal’s system
Board of directors can rely on the reports of senior managers
Directors must now be personally sure that H&S is well managed – visiting the workplace, observing and interviewing staff

4. Take this mini H&S audit for your organisation
We have a signed H&S policy available for all staff to see Y / N
We have documentation to prove that we induct “workers” Y / N
We have procedures, templates and forms that are used Y / N
We document H&S issues and record completed action points Y / N
We understand our hazards and have documented mitigations Y / N
Staff have been made aware of these hazards + are refreshed Y / N
Documented training records can prove appropriate training Y / N
Contractor records prove that they know our hazards Y / N
We have documented evidence of worker participation Y / N
We conduct annual reviews / audits to ensure we are on track Y / N