What you need to know WHY DO WE NEED NEW WORKPLACE HEALTH AND - - PowerPoint PPT Presentation

Health and Safety at Work Act: 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

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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 2020

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Everyone has a role

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

• n 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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VOLUNTEERS

Casual volunteers as for ‘others’ “…who do not employ any person…” Are not a PCBU Volunteer workers as for any other worker

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Managing safety in a „Workplace‟

Where work is being carried out or is customarily carried out. On a farm = farm buildings and areas immediately surrounding them (or on the farm when farm work is being carried out).

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REGULATIONS AND GUIDANCE

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

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WANT TO KNOW MORE?

Visit our webpage: www.worksafe.govt.nz and sign up for updates Call our Service Centre 0800 030 040 @WorkSafeNZ WorkSafeNZ

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