WHAT YOU NEED TO KNOW ABOUT HEALTH AND SAFETY
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WHAT YOU NEED
TO KNOW ABOUT
HEALTH AND SAFETY
THE BIG
PLA 11049.1 MAR 102 THE BIG 6 1› WHAT YOU NEED TO KNOW ABOUT HEALTH and SAFETY
THE BIGWHAT YOU NEED TO KNOW ABOUT HEALTH AND SAFETY RECRUITING PAY HOLIDAYS AND LEAVE PERFORMANCE MANAGEMENT ENDING EMPLOYMENT RELATIONSHIPS ABOUT THE BIG 6 The Big 6 covers six areas employers have told us they would like further assistance with: health and safety, hiring new employees, pay, holidays and leave, performance management and ending employment relationships. The Big 6 contains checklists of the main things employers need to know and links to further information.
2 THE BIG 6 1› WHAT YOU NEED TO KNOW ABOUT HEALTH and SAFETY
WHAT YOU NEED
TO KNOW ABOUT
HEALTH AND SAFETY
WHO SHOULD READ THIS? WHAT YOU NEED TO DO
• Employers who employ adults, young workers and young people The key steps associated with health and
under 15 years of age safety management are outlined below:
• Employers who engage the services of contractors, sub- • know your legal responsibilities
contractors, volunteers, and persons receiving on-the-job • make a commitment to health and
training safety in the workplace
• plan how you will implement a safe
working environment
• identify, assess and manage hazards
• provide information, training and
WHY IS IT IMPORTANT? supervision for employees
• To ensure a safe and healthy work environment, and avoid tragic • report, record and investigate
and costly accidents. incidents, injuries and illnesses
• All employers have duties under the Health and Safety in • involve employees in the process to
Employment Act 1992 to take all practicable steps to ensure the improve health and safety
safety of employees at work, and other people in the workplace. • plan and be ready for emergencies
• Good health and safety management practices encourage higher • include contractors and subcontractors
staff retention and increased productivity and efficiency in your hazard management processes
• help employees return to normal work
after injury
This brochure provides a More detailed health and
checklist of the key tasks safety information is
involved with each step. It available from the Accident
provides a description of Compensation Corporation
your key legal duties as an (ACC) and references are
employer, together with included in this brochure.
other good practices for
managing health and safety in
smaller workplaces. Further
information is available on:
www.osh.dol.govt.nz
or by contacting us on
0800 20 90 20.3
HAZARD MANAGEMENT PROCESS
Identify hazards
YES NO
Assess if significant 1
eliminate if practicable introduce APPROPRIATE controls
isolate if not practicable to eliminate
• inform employees
• monitor to ensure controls are
effective
minimise if hazard can’t be isolated
• inform employees of controls
• provide, make accessible, and ensure
the use of protective clothing and
equipment
• monitor to ensure controls are
effective
1. A ‘significant hazard’ is one that is an actual or potential source of serious harm or other harms arising from the exposure to the hazard.4 THE BIG 6 1› WHAT YOU NEED TO KNOW ABOUT HEALTH and SAFETY
HEALTH AND SAFETY CHECKLIST
If you answer no to any of the questions you may need more information
LEGAL REQUIREMENTS EMPLOYER COMMITMENT
Y N n/a Y N n/a
Do you know that creating a safe and Are you able to demonstrate an active,
healthy workplace is a legal requirement? consultative commitment to all areas
of health and safety management in the
Do you know what your responsibilities are workplace?
under the Health and Safety in Employment
Act 1992? Do you have a documented and up-to-date
health and safety policy?
Do you know that your employees have
responsibilities for health and safety too? Do you consider injury prevention issues at
senior management meetings?
Do you know that you can’t insure against a
fine or infringement fee that is imposed if FURTHER INFORMATION
the Act is breached? www.acc.co.nz/preventing-injuries/at-work
/health-and-safety-in-the-workplace COMPLETE
Do you know there are specific restrictions
on hiring young people under 15 years for
hazardous work? PLANNING
Y N n/a
Do you know there are specific restrictions Have you reviewed existing practices in:
on hiring young people under 16 years to
»» premises
work between 10pm and 6am?
»» plant and substances
Do you know that in most cases, if you »» procedures
have someone doing ongoing and regular »» people
voluntary work as an integral part of your
business, you have a duty to ensure their Have you determined the milestones
health and safety? you need to complete to successfully
implement injury prevention plans?
Do you know that for any volunteer doing
work activity for you, you must take Do you link injury prevention to other
account of hazards in planning their work? forms of business planning?
Do you know that you must ensure the FURTHER INFORMATION
health and safety of people on work www.acc.co.nz/preventing-injuries/at-work
experience? /health-and-safety-in-the-workplace COMPLETE
Do you know there are specific legal
requirements if you engage contractors
and subcontractors?
Do you know that all employers must
belong to ACC’s workplace insurance
scheme?
FURTHER INFORMATION
www.business.govt.nz
www.osh.dol.govt.nz
COMPLETE
www.acc.co.nz/for-business5
HAZARD IDENTIFICATION, INFORMATION, TRAINING
ASSESSMENT and CONTROL Y N n/a and SUPERVISION Y N n/a
Do you know that you must ensure you have Do you know you have a legal obligation
effective processes for systematically to train your employees on hazards to
identifying and assessing hazards? which they are exposed; the use of safety
equipment and clothing; emergency
Have you identified specific injury hazards procedures; and Health and Safety
in your workplace? systems and issues?
Do you record and investigate all accidents Do you know that you must provide
and near misses to determine if they were employees with ready access to clear
caused by a ‘significant’ hazard? information about emergencies,
identifiable hazards, and where to find all
Have you developed and implemented necessary safety clothing, devices and
action plans for significant hazards to equipment?
eliminate/reduce likelihood of harm?
Have you ensured your employees
Do you know your responsibilities regarding are informed of their own and your
the provision of protective clothing and responsibilities for health and safety in the
equipment? workplace?
Are you aware of requirements relating Have you developed induction and ongoing
to specific hazards that may exist in your education packages in the ACC WorkSafe
business? Cycle, the ACC WorkSafe Injury Model
and the actions required to manage injury
FURTHER INFORMATION factors?
www.osh.dol.govt.nz
COMPLETE
Are you educating staff in injury prevention
issues at least six monthly?
Are your staff trained and supervised by a
knowledgeable and experienced person?
FURTHER INFORMATION
www.acc.co.nz/preventing-injuries/at-work
/health-and-safety-in-the-workplace COMPLETE6 THE BIG 6 1› WHAT YOU NEED TO KNOW ABOUT HEALTH and SAFETY
INCIDENT and INJURY REPORTING,
EMPLOYEE PARTICIPATION
RECORDING and INVESTIGATION Y N n/a Y N n/a
Do you know the difference between an Do you know that your employees must
incident and an injury? have the opportunity to be involved in
developing safe workplace practices?
Do you know that you must have a system
that ensures incidents and injuries are Are you aware that a business with
reported, recorded and investigated and fewer than 30 employees requires the
that the appropriate corrective action is development of an employee participation
taken? system when one or more employees
request it?
Have you implemented a system to analyse
incident and injury data (and report results Do you know that employees may elect
to management and staff)? health and safety representatives, and
they are entitled to paid health and safety
Do you know what ‘serious harm’ is and representative training?
that you need to notify the Department of
Labour if it occurs and manage the hazards Have you ensured that injury prevention is
that caused it? part of all weekly staff meetings?
FURTHER INFORMATION FURTHER INFORMATION
www.acc.co.nz/preventing-injuries/at-work www.osh.dol.govt.nz
COMPLETE
/health-and-safety-in-the-workplace
COMPLETE
www.osh.dol.govt.nz
CONTRACTOR MANAGEMENT
Y N n/a
EMERGENCY READINESS Do you have a system to ensure that
Y N n/a
contractors, subcontractors and their
Do you know that you must have an employees are not harmed on-site?
emergency plan to manage all types of
emergency likely to happen in any part of Have you developed a health and safety
your workplace? clause to be written into all contracts?
Have emergency procedures been Have you ensured that induction to on-
implemented and communicated to staff? site health and safety procedures is
coordinated by a designated person(s) for
Do you have designated wardens for each all contracted staff?
work area to take control in an emergency?
FURTHER INFORMATION
www.acc.co.nz/preventing-injuries/at-work
Do you test your emergency procedures /health-and-safety-in-the-workplace COMPLETE
periodically?
Do you review and update emergency
RETURN TO WORK
plans? Y N n/a
FURTHER INFORMATION
Do you have a system in place to help
www.acc.co.nz/preventing-injuries/at-work
injured employees make the transition
/health-and-safety-in-the-workplace COMPLETE back to work?
FURTHER INFORMATION
www.acc.co.nz/backonthejob
COMPLETE7
HOW TO RESOLVE ISSUES RELATING TO HEALTH AND SAFETY
The employee participation provisions in Hazard Notice
the Health and Safety in Employment Act
• a hazard notice is a formal notification that may be issued by a
are intended to promote communication
trained health and safety representative where there is a lack
between employers and their employees.
of agreement as to whether a situation is hazardous or if it is,
Most workplace health and safety
how best to manage the hazard, or if the employer refused to
issues will be resolved by employers and
discuss the hazard.
employees working together in good faith.
Employers can also get help from guides • there is no penalty for receiving a hazard notice, however, it may
like approved codes of practice, and from count as prior warning for an infringement offence.
advisors like industry associations and • a Department of Labour health and safety inspector can help
health and safety professionals. When an to resolve the matter if good faith discussions have previously
employer and a trained health and safety failed to do so.
representative cannot agree on a way to
For more information: www.osh.dol.govt.nz
resolve a potentially hazardous situation in a
workplace, a hazard notice may be used.
OTHER WAYS OF ENFORCEMENT
Improvement Notice Prohibition Notice Infringement Notice Prosecution and fines
Sometimes if discussion Sometimes an inspector A health and safety The Department of
with an employer or will find a workplace inspector may issue an Labour’s overall approach
another person does situation so dangerous infringement notice if: to enforcement, notices
not give an inspector that it just has to be • the inspector has and prosecutions is set
assurance that defects stopped. reasonable grounds to out in our enforcement
will be rectified the To do that the inspector believe that a person policy, Keeping Work Safe
inspector can issue a can issue a prohibition has failed to comply (published April 2009).
formal document to notice. The inspector with their duties under This sets out how and
require compliance. has to feel that unless the Act, and why the Department
This document is called an the hazardous activity of Labour responds to
• that person has had
improvement notice and is stopped serious harm non-compliance with
prior warning of their
it means what it says – is likely to occur to the Health and Safety in
offence.
the recipient is required somebody. Employment Act 1992.
An infringement notice
to take some action to The notice requires the Prosecutions are taken
informs you that you have
comply with the Act. employer or recipient to in the most serious
breached the Act and that
The notice will specify: immediately stop situations, such as wilful
you are required to pay an
the activity, machine, non-compliance or where
• that the inspector infringement fee. There
process etc. the harm or potential for
believes there is, or will are two categories of
harm is severe, taking
be a breach of the Act. The notice will specify: infringement fee:
account of the public
• what part of the Act is • the hazard that is the 1. $800–$4,000 (in
interest and the realistic
involved problem $100 increments)
for breaches of the prospect of conviction.
• why the inspector • why the inspector requirement to have a For most offences, the
thinks there is a breach believes the hazard will system for systematic maximum fine following
cause serious harm. hazard identification, conviction is $250,000,
• what is the nature of and
the breach, and For more information, although in cases where
2. $100–$3,000 (in $100 the person’s action or
• how long the person see: www.osh.dol.govt.nz increments) for all other failure to act occurs, and
has to rectify the breaches of the Act.
they know it is likely to
breach. For more information, cause serious harm; the
For more information, see: www.osh.dol.govt.nz maximum fine is $500,000
see: www.osh.dol.govt.nz and/or a maximum term of
imprisonment of 2 years.
For more information,
see www.osh.dol.govt.nz8 THE BIG 6 1› WHAT YOU NEED TO KNOW ABOUT HEALTH and SAFETY
FOR MORE INFORMATION OUR FREE ONLINE TOOLS –
If you need more information about the
TO IMPROVE YOUR BUSINESS:
topics covered in this brochure: In addition to The Big 6, we also provide tools and services
Call us free on 0800 20 90 20 that are designed to make management simpler, and free up
Or visit our website at time for small business owners to concentrate on the bigger
www.dol.govt.nz picture. These tools help you implement good health and safety,
and employment relations practice.
The Department of Labour’s website
contains detailed information relating to The tools are:
health and safety, recruiting, pay, holidays • Employment Agreement Builder
and leave, performance management, and
• Holidays and Leave Tool
ending employment relationships. Our
website also has answers to frequently • Parental Leave Calculator
asked questions and case studies. You can find these online tools at
www.dol.govt.nz/onlinetools/
The content in this document is generic only. It will
not answer every question and should not be used
as a substitute for legislation or legal advice. The
Department of Labour takes no responsibility for the
results of any actions taken on the basis of information
in this document, nor for any errors or omissions.9
Mäori Business Facilitation Service
Sustainable Business Network
Foundation for research,
NZ Trade and Enterprise
Statistics New Zealand
science and technology
Department of Labour
Pacific Business Trust
www.business.govt.nz
Companies Office
Work and Income
Inland Revenue
IPONZ
HOW DO I…?
ACC
Start a business? ✔ ✔ ✔ ✔ ✔ ✔
Learn how to do business? ✔ ✔ ✔ ✔
Learn about tax? ✔ ✔
Know what rules apply to my business? ✔ ✔ ✔ ✔ ✔ ✔
Get information about markets, ✔ ✔ ✔
population trends, customers, suppliers?
Find out about my competitors? ✔ ✔ ✔ ✔
Grow my business? ✔ ✔ ✔ ✔
Find special expert or technical ✔ ✔
assistance and funds to help pay for it?
Get help with patents and trademarks? ✔ ✔ ✔
Import and/or export? ✔ ✔
Employ and manage staff? ✔ ✔ ✔ ✔
Minimise recruitment time and cost? ✔ ✔
Make my workplace safe and save money? ✔ ✔ ✔
Make my business sustainable? ✔ ✔
BUSINESS.GOVT.NZ Foundation for Research, Science and Technology
www.business.govt.nz | 0800 424 946 www.frst.govt.nz | Auckland 09 912 6730
Wellington 04 917 7800 | Christchurch 03 963 2070
New Zealand Trade and Enterprise
www.nzte.govt.nz | 0800 555 888 Department of Labour
www.dol.govt.nz | 0800 20 90 20
Pacific Business Trust
www.pacificbusiness.co.nz | 0800 287 7526 Work and Income
www.workandincome.govt.nz | 0800 559 009
Companies Office
www.companies.govt.nz | 0508 COMPANIES (266 726) ACC
www.acc.co.nz | Publications 0800 844 657
Inland Revenue
Levies 0800 222 776 | Concerns 0800 650 222
www.ird.govt.nz | 0800 377 774
Sustainable Business Networ k
Statistics New Zealand
www.sustainable.org.nz | 09 826 0394
www.stats.govt.nz | 0508 525 525
mÄori business facilitation service*
INTELLECTUAL PROPERTY OFFICE OF NEW ZEALAND
www.tpk.org.nz | 04 819 6000
0508 447 669
* The Mäori Business Facilitation Service is a Te Puni Kökiri programme
for Mäori enterpreneurs.You can also read
