The Minister for Workplace Relations and Safety, Hon Brooke van Velden, has announced four proposed changes to the Health and Safety at Work Act 2015.
These changes were in response to the ACT Party manifesto of getting rid of red tape and over-prescriptive laws. The Minister completed a national roadshow where she listened to hundreds of workers and small businesses up and down the country. There was also a public submission available where major industry and professional sector groups aired their views.
The Minister has announced the following proposed changes.
Carve out for small businesses
- Small, low-risk businesses only need to provide basic facilities and manage critical risks.
- Reduce notifiable incident requirements to deaths, serious injury, illness (including Schedule 2 ACC list) and incidents.
- Provide hotline to report over-zealous over-compliance.
Landowners and recreational uses
- Landowners or managers who allow public access to land will not be responsible for their H&S.
- H&S responsibilities will fall only to the organization running those activities.
Board governance and operational management
- Clarify distinction between H&S ‘governance’ and operational management.
- Reduce overcompliance and duplication.
Approved Codes of Practice
- Make Approved Codes of Practice (ACOPs) compliance the same as Health and Safety at Work Act 2015 (HSWA) compliance.
- Make it easier to understand what “reasonably practicable” means in specific industry.
- Allow industry organisations to initiate work on ACOPS, with final approval by the Minister.
As they stand each initiative has merit and will make things easier. The EMA supported the four proposed changes.
However, the question remains will these changes either individually or combined shift the dial to make New Zealand workplaces safer and healthier. We have concerns.
Overseas countries, whom we compare ourselves with, are doing a far better jobs with significantly reduced injury rates and deaths. Why?
They have more comprehensive regulations and guidance available to businesses to assist them to make changes.
There are national strategic plans with annual action plans to align and coordination the entire ecosystem of H&S to achieve a collaborative and lasting change.
The regulator (here in New Zealand, it is WorkSafe New Zealand) is a modern regulator (i.e. they are there to help businesses improve and expand their H&S initiatives). Then and only then, if businesses choose to not play ball, do they intervene with their enforcement tools.
The timeline for the proposed changes looks like a Bill around late 2025, with new changes being introduced early 2026. We will keep you informed as this piece of work continues.
As always harm prevention at the front end is always better and cheaper than a retrofit after things go bad.
For more information or to discuss your concerns please email EMA Manager Employment Relations & Safety Paul Jarvie.