WORKSAFE NZ AND H&S@WORK BILL - MARCUS NALTER PROGRAMME MANAGER 2014

WORKSAFE NZ AND H&S@WORK BILL

                  MARCUS NALTER
             PROGRAMME MANAGER

                            2014

STATEMENT OF INTENT
     OUR PRIORITIES

1.      Targeting risk: focus on acute,
        chronic & catastrophic harms
2.      Working together: work
        collaboratively with others for
        maximum effect
3.      Rebuilding Canterbury safely:
        focus on construction,
        occupational health & high-
        risk populations
4.      Working smarter: implement a
        clearer regulatory regime
5.      Strengthening our
        organisation: build a high-
        performance agency

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WHAT’S NEEDED

A transition from
mostly…                             to mostly …
Reactive (bottom of cliff)          Proactive and targeted
Incidents                           Patterns
Outputs                             Outcomes
Hazard/Symptom                      Root causes
Starting with solutions             Intelligence and context-led
Inspector variation                 Guided decision-making
Working in isolation as an agency   Engaged and collaborative

WORKSAFE NEW ZEALAND                                               4

WORKSAFE NZ’S INTERVENTIONS

Our principles:

•   Risk-based and targeted
•   Led by reliable intelligence
•   Shared responsibility, clear
    accountability
•   Proportionate, consistent,
    fair, just and impartial
•   Transparent, open and
    accountable
•   Outcome-focused
•   Take account of wider public
    interest

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WORKING TOGETHER WITH
EMPLOYERS AND EMPLOYEES

WorkSafe NZ’s three
“E”s :

         • Educate

         • Engage

         • Enforce

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• Educate, Engagement, Enforcement

    Did you know …        50%
    of falls from height are from less than three metres

WORKSAFE NEW ZEALAND                                       7

Did you know …

70%
of the falls from less than three meters are from
ladders and single-storey roofs

WORKSAFE NEW ZEALAND                                8

Did you know …

$24 million
is estimated as the annual cost of falls from height in
construction industry

WORKSAFE NEW ZEALAND                                      9

What Worksafe has done!
The three year campaign is well underway to reduce the number
of falls from height in construction industry
-40,920 Tool kits
-21,041 BPG for Working on roofs
-14,003 BPG for working at Height.

 WORKSAFE NEW ZEALAND                                      10

YOUR STORIES
“Where scaffolding
has been supplied
for our installations,
productivity is
increased by about
60%.”

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•   Scaffold Rigging Access NZ instigated a
                           study by BRANZ into the cost -benefits of
                           the FFH Campaign.

                       •   This study was supported by builders,
                           roofers, and worksafe, across the country

                       •   Confirms that as workloads and workers in
                           residential Construction have increased,
                           there has been a general drop in serious
                           harm notifications.

                       •   Suggests that increase in efficiencies offset
                           initial costs of scaffold and fall protection
                           systems, and over time the gains over
                           reduced lost productivity from workplace
                           accidents or fines will produce fiscal
                           savings.

WORKSAFE NEW ZEALAND                                               12

SOLUTIONS

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SOLUTIONS

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Inspector capabilities

• Increases numbers

• All workplaces

• Focus on
  assessments

• Guidance and
  support

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HEALTH AND SAFETY AT WORK ACT

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HEALTH AND SAFETY REFORM BILL
KEY CONCEPTS

     Introduces a number of key concepts:

     1.     Places duties on people in best position to control risks

     2.     Places primary duty of care on all PCBUs

     3.     Encourages greater worker engagement and participation

     4.     Defines workers and their specific health and safety duties

     5.     Places specific duties on PCBUs ‘upstream’ in the supply chain

     6.     Duty to consult when overlapping health and safety duties

     7.     Places a due diligence duty on officers of a PCBU

     8.     Establishes a tougher and more effective enforcement regime

     9.     Creates a stronger legislative framework

WORKSAFE NEW ZEALAND                                                         20

HEALTH AND SAFETY REFORM BILL -
REGULATIONS

•      Regulation development in two phases

•      First phase focused on developing
       regulations for:
         •      General risk and workplace management
         •      Worker participation and representation
         •      Work involving hazardous substances
         •      Major hazard facilities
         •      Work involving asbestos

WORKSAFE NEW ZEALAND                                      21

DUE DILIGENCE

      An officer of a PCBU must exercise
      due diligence to ensure its duties are
      met

      • Officers set direction and lead

      • Duty is individual to officer

WORKSAFE NEW ZEALAND                           22

BEING AN INFLUENCER &
LEADER

     • Influencing the contract chain

              • PCBU duties

              • Principals’ duties

              • The contract chain

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HEALTH AND SAFETY REFORM BILL
IN THE CASE OF MULTIPLE PCBUS

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SUPPORTING GUIDANCE

• Critical to the success
  of the new model

• Very significant issue
  in our consultation

• Significant capability
  and capacity build
  underway in our
  Standards and
  Guidance Team

• 40 pieces of guidance
  on the list today

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THE LEGISLATION

     “As 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.

     PCBU – person conducting a business or
     undertaking
     The legal entity conducting business ranging
     from an enterprise to the self-employed
     person. Specific and clarified duties imposed
     and ensures no gaps through which health
     and safety responsibilities can fall.

WORKSAFE NEW ZEALAND                                26

THE LEGISLATION

     Worker participation
     Directs PCBUs to engage with workers and to
     have effective agreed participation practices on
     health and safety matters. Cooperation where
     multiple PCBUs are operating on one site to
     protect their own, and other workers on site. May
     have multiple duties and more than one PCBU
     may have the same duty.
     Regulatory framework
     A comprehensive supporting framework including
     regulations, ACOPs and guidance to provide
     further clarity of expectation and how these goals
     in the Act can be achieved in practice.

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THE LEGISLATION

     Primary duty of care
     Defines the requirements on PCBUs to look after
     its workers and those workers influenced or
     directed by the PCBU. Ensure other persons’
     health and safety not put at risk as part of the
     conduct of the PCBU.

     Enforcement
     Wider range of tools for the regulator. Graduated
     scale of significantly increased penalties is
     introduced. The regulator will take a proportional
     approach.

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worksafe.govt.nz   0800 030 040