Working together on health and safetyNelson Health and Safety Forum

14 October 2015

Jo Pugh

Deputy General Manager, Assessments

HEALTH AND SAFETY RECORD

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• 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

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THE CHALLENGE TO BE MET

AT LEAST 25% REDUCTION IN DEATHS AND SERIOUS INJURIES AT

WORK BY 2020

10% REDUCTION BY 2016

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THE EFFECTIVE REGULATOR

Educate

Enforce

What good looks like and how to comply

With those who influence the workplace

Proportionately, consistently

Engage

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OUR PRIORITIES

Targeting risk

Working together

Rebuilding Canterbury safely

Working smarter

Strengthening WorkSafe

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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

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

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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

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NEW WAY OF WORKING – SAFER FARMS

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ATTITUDES AND BEHAVIOURS SURVEY

Acknowledge the potential for harm

Mismatch between workers’ views on safety vs extent of injuries and near misses

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ATTITUDES AND BEHAVIOURS SURVEY

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WHAT HAS BEEN ACHIEVED: 2014-2015

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WHAT HAS BEEN ACHIEVED: 2014-2015

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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.

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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.

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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.  

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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. 

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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. 

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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.

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

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THE HEALTH AND SAFETY AT WORK ACT

What is my responsibility?

Do I have a responsibility?

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KEY ELEMENTS

www.worksafe.govt.nz

WHAT IS A PCBU?

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A “person” conducting a business or undertaking

WHO ISN’T A PCBU?

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Workers Volunteer Associations

Officers Home Occupiers

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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

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“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

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UPSTREAM ACTIVITIES

Manufacturers

Designers

Suppliers

Importers

Install

Construct

Commission

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DUTY TO CONSULT, COOPERATE AND COORDINATE

PCBUs must discharge their duty to the extent possible based on ability to influence and control the matter

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OVERLAPPING AND SHARED DUTIES

Carpet layer

Electrician

Painter

Architect

Builder

Plumber

‘Contracting in’

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WHO IS AN OFFICER?

“…exercise significant influence over the management of the business or undertaking (for example a chief executive).

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OFFICERS’ DUTIES

Due diligence

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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.

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WORKERS AND OTHERS (VISITORS, ETC)

“Reasonable care” to ensure their own safety and the safety of others

WORKER PARTICIPATION

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

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