1. Working together on health and safety Nelson Health and Safety Forum 14 October 2015 Jo Pugh Deputy General Manager, Assessments

2. HEALTH AND SAFETY RECORD 2 73 people die at work every year 1 in 10 is harmed At least 600 die from work-related diseases (National Health Board data) 200,000 ACC claims for work-related harm $3.5 billion in costs (2-4 percent of GDP) Devastating emotional toll

3. 3 THE CHALLENGE TO BE MET AT LEAST 25% REDUCTION IN DEATHS AND SERIOUS INJURIES AT WORK BY 2020 10% REDUCTION BY 2016

4. 4 THE EFFECTIVE REGULATOR Educate Enforce What good looks like and how to comply With those who influence the workplace Proportionately, consistently Engage

5. 5 OUR PRIORITIES Targeting risk Working together Rebuilding Canterbury safely Working smarter Strengthening WorkSafe

6. 6 OUR APPROACH Intelligence-led analysis of risk Focus on causes and patterns, not just hazards and incidents Engagement with key agencies, stakeholders and workplaces Credible and proportionate enforcement Progressive shift from focus on activities to results

7. WORKING TOGETHER Our doors are open It’s not all on you – we are here to help New strategy and stakeholder engagement team We will engage to lead 7

8. 8 NEW WAY OF WORKING - FORESTRY 10 deaths in 2013 Required direct regulatory intervention 1700 visits and 1600 enforcements 1 death in 2014 and 2 in 2015. 60% reduction in serious harms New intervention approach being built based on this intelligence

9. 9 NEW WAY OF WORKING – SAFER FARMS

10. 10 ATTITUDES AND BEHAVIOURS SURVEY Acknowledge the potential for harm Mismatch between workers’ views on safety vs extent of injuries and near misses

11. 11 ATTITUDES AND BEHAVIOURS SURVEY

12. 12 WHAT HAS BEEN ACHIEVED: 2014-2015

13. 13 WHAT HAS BEEN ACHIEVED: 2014-2015

14. 14 THE MYTHS The Myth: Paper cuts are now a big deal. The Reality: False. The new legislation emphasises proportionality - what a business needs to do depends on its level of risk and what it can control. The Myth: It’ll be expensive to comply. The Reality: False. The most important thing to do costs nothing. Talk to employees about how to work safely.

15. 15 THE MYTHS The Myth: If someone gets hurt I’ll go to prison. The Reality: False. Penalties such as hefty fines and imprisonment are only imposed in extreme circumstances. The Myth: This means LOADS of paperwork. The Reality: False. Paperwork does not equal managing risk and managing risk does not equal paperwork. You only need documents if this is the best way to manage and minimise critical risks.

16. 16 THE MYTHS The Myth: WorkSafe inspectors spy on workplaces with binoculars. The Reality: No, we don’t hang outside workplace trying to catch people out. In fact, 2/3 of our inspectors undertake assessments, proactively working with businesses to prevent harm. We have a planned programme of inspection activities targeted at high risk sectors which includes education about responsibilities and engaging with those industries to develop best practice.

17. 17 THE MYTHS The Myth: WorkSafe closes businesses. The Reality: Our aim is to reduce the unacceptable level of harm and fatalities in NZ workplaces, not to close them down. In fact a strong commitment to a healthy workplace can deliver better staff retention and engagement, greater client commitment and improved productivity. Good health and safety is good for business.

18. 18 THE MYTHS The Myth: We go around fining employers – and the fines are too high. The Reality: We enforce the law where we have to - where employers and employees fail in their duties and place themselves or others at risk. But prosecution is seen as a last resort not a first step and is not a decision taken lightly.

19. 19 THE MYTHS The Myth: WorkSafe will outlaw harnesses and all those working at height must use scaffolds The Reality: Safety precautions should reflect the level of risk of the job. New builds and major restoration will require edge protection. Not only does a good scaffold improve safety – once it’s up it can lift productivity. Of course not every project requires full-on scaffolding. Sometimes a job is short duration and low risk. That’s when it might be perfectly reasonable to use a step ladder or a safety harness instead. The key is to select the right equipment for the job. If using harness significant training, planning and specialised equipment will be required.

20. HEALTH AND SAFETY AT WORK ACT The Act has now been passed by Parliament The new law (the Health and Safety at Work Act) and supporting regulations will come into force on 4 April 2016 Supporting regulations are being developed 20

21. 21 THE HEALTH AND SAFETY AT WORK ACT What is my responsibility? Do I have a responsibility?

22. 22 KEY ELEMENTS www.worksafe.govt.nz

23. WHAT IS A PCBU? 23 A “person” conducting a business or undertaking

24. WHO ISN’T A PCBU? 24 WorkersVolunteer Associations Officers Home Occupiers

25. 25 THE PCBU HOLDS THE PRIMARY DUTY OF CARE… Because those who create risk… Are responsible for managing it.

26. 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 26

27. “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 27

28. 28 UPSTREAM ACTIVITIES Manufacturers Designers Suppliers Importers Install Construct Commission

29. 29 DUTY TO CONSULT, COOPERATE AND COORDINATE PCBUs must discharge their duty to the extent possible based on ability to influence and control the matter

30. 30 OVERLAPPING AND SHARED DUTIES Carpet layer Electrician Painter Architect Builder Plumber ‘Contracting in’

31. 31 WHO IS AN OFFICER? “…exercise significant influence over the management of the business or undertaking (for example a chief executive).

32. 32 OFFICERS’ DUTIES Due diligence

33. 33 OFFICER DUTIES V PCBU DUTIES Officers do not have to directly ensure health and safety. They must exercise due diligence that the PCBU is meeting its primary duties. PCBU holds primary duty for health and safety. Officer’s due diligence complements this duty – it doesn’t replace it.

34. 34 WORKERS AND OTHERS (VISITORS, ETC) “Reasonable care” to ensure their own safety and the safety of others

35. WORKER PARTICIPATION 35 “Workers and managers must work together closely to find joint solutions to common risks and problems.”

36. 36