breakfast health and safety seminar proudly sponsored by: featuring steve cooper from cecc andrew...
TRANSCRIPT
Breakfast Health and Safety Seminar
Proudly Sponsored by:
Featuring
Steve Cooper from CECC Andrew Marsh from SRB law Dean Hyde from Men at Work
Health and Safety Legislation in New Zealand - Update
Steve CooperCanterbury Employers’ Chamber of Commerce
2015
The New Safety Landscape
• Government has announced the largest reform of workplace health and safety in New Zealand in over 20 years
• Government target – 25% reduction of workplace fatalities and serious injuries by 2020 (Australia – 16% reduction since 2012)
• Creation of a new Crown Agency – Worksafe New Zealand
• New legislation – the ‘Health and Safety at Work Act’ in place 4th April 2016
• Clear roles and responsibilities for duty holders – PCBU’s, OFFICERS, WORKERS
• Enhanced worker participation in health and safety
The New Safety Landscape
WORKSAFE NEW ZEALAND – the Regulator
• Engage, Educate, Enforce
• A focus on high risk areas – Agriculture/Horticulture, Forestry, Construction, Manufacturing, Fisheries
• Stronger focus on occupational harm and hazardous substances
• Develop Approved Codes of Practice and Good Practice Guidance material for each industry against which to benchmark compliance
• Stronger enforcement tools
Duty Holder - Obligations for PCBUs
Specific obligations on PCBUs will include:• Providing and maintaining a working environment that is safe and without
health risks• Providing and maintaining plant and a structure and system of work that is
safe and doesn’t pose health risks• Ensuring the safe use, handling and storage of plant, structures and
substances• Providing adequate facilities for worker welfare• Providing information, instruction, training and supervision needed by
workers• Monitoring health and workplace conditions• Maintaining any accommodation they own – manage or control to ensure
the health and safety of the workers occupying those premises
Duty Holder – Obligations for OFFICERS• Determine the PCBU’s strategy for leading Health and Safety – set/review
measurable targets and allocate tasks• Have a fit for purpose Health and Safety system• Be familiar with risk assessments, audits and general Health and Safety
performance• Make sure you are getting the information you need about the Health and
Safety performance so that informed decisions can be made• Health and Safety training for OFFICERS• Regularly review the effectiveness of your Health and Safety system• Keep up to date documentation• Get expert advice if necessary
Good Governance• Good Governance Practices Guidelines for Managing Health and Safety Risks
Health and Safety should be part of everyday business, it makes good business sense
• Essential Principles of Health and Safety GovernanceLeadershipWorker ParticipationLegislative Compliance
Duty Holder – Obligations for WORKERS
• Take reasonable care of own health and safety
• Acts or omissions do not adversely affect health and safety of others
• Use PPE required/provided – no exceptions
• Comply with any reasonable instruction given by the PCBU, allowing the PCBU to comply with the Act or regulation
• Cooperate with any reasonable policy, process or procedure of the PCBU relating to health and safety at the workplace, which has been notified to workers
Building Safety Culture“Compliance with all the right processes, safety equipment and safety audits, can be quickly undone by an ineffective and weak safety culture”
• Health and safety culture starts with leadership• Recruitment selection – support, mentor and live your culture• Measure your culture• Identify and remedy all hazards• Recognise and reinforce good behaviour – stop at risk behaviour• Be tough on problems not on people – avoid the rush to blame• Build a ‘just and learning culture’ – learn from mistakes become more
proactive• Encourage employees to speak-up
Make health and safety a strategic business advantage
Health and Safety Integration
Good business sense – health and safety fully integrated in to all business practices; higher productivity, plant/equipment return-on-investment
Reputation – brand image; desirable place to work; low employee turnover
Learning Organisations – influence desired behaviour by leading, educating and developing; ability to comply
Social Responsibility – every worker goes home safe; don’t burden society; good corporate citizen
Workplace Health and Safety – Systematic Management
Policy → Process → Procedure → Implemented → Documented
• PCBU Commitment – policy, demonstrated behaviour• Hazard Management – identify, inspect, audit, register• Training and Supervision – train, supervise, competency• Emergency Readiness – for all likely emergencies• Accident/Incident Management – record, report, investigate, review• Employee Participation – essential, knowledge base• Contractor Management – essential, eliminate risk• Rehabilitation – ACC
HEALTH & SAFETY UPDATESEPTEMBER 2015
Andrew Marsh
Partner
Saunders Robinson BrownEmail: [email protected]
DDI: (03) 353 6135
HEALTH & SAFETY REFORM
HEALTH & SAFETY REFORM• Driving forces behind reform:
- Pike River disaster
- Forestry & farming industry deaths and injuries
• Aims:
- Reduce deaths and serious injury by 10% by 2016 and 25% by 2020
• Health & Safety at Work Act:- Passed August 2015- Comes into effect 4 April 2016
HEALTH & SAFETY REFORM• What is a PCBU?A person conducting a business or undertaking—
(i) whether the person conducts a business or undertaking alone or with others; and
(ii) whether or not the business or undertaking is conducted for profit or gain.
Does not include a worker or officer solely, a volunteer association, a home occupier engaging someone to do residential work, a statutory officer or anyone else declared not to be a PCBU.
HEALTH & SAFETY REFORM• Duties owed by PCBUs30 Primary duty of care
(1) A PCBU must ensure, so far as is reasonably practicable, the health and safety of—
(a) workers who work for the PCBU, while the workers are at work in the business or undertaking; and
(b) workers whose activities in carrying out work are influenced or directed by the PCBU, while the workers are carrying out the work.
(2) A PCBU must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.
HEALTH & SAFETY REFORM
HEALTH & SAFETY REFORMOfficer, in relation to a PCBU,—
(a) means, if the PCBU is—– (i) a company, any person occupying the position of a director of
the company by whatever name called:– (ii) a partnership (other than a limited partnership), any partner:– (iii) a limited partnership, any general partner:– (iv) a body corporate or an unincorporated body, other than a
company, partnership, or limited partnership, any person occupying a position in the body that is comparable with that of a director of a company; and
(b) includes any other person who makes decisions that affect the whole, or a substantial part, of the business of the PCBU (for example, the chief executive).
HEALTH & SAFETY REFORM39 Duty of officers
(1) If a PCBU has a duty or an obligation under this Act, an officer of the PCBU must exercise due diligence to ensure that the PCBU complies with that duty or obligation.
(1A) For the purposes of subsection (1), an officer of a PCBU must exercise the care, diligence, and skill that a reasonable officer would exercise in the same circumstances, taking into account (without limitation)—
(a) the nature of the business or undertaking; and
(b) the position of the officer and the nature of the responsibilities undertaken by the officer.
HEALTH & SAFETY UPDATEDue diligence includes taking reasonable steps—
(a) to acquire, and keep up-to-date, knowledge of work health and safety matters; and
(b) to gain an understanding of the nature of the operations of the business or undertaking of the PCBU and generally of the hazards and risks associated with those operations; and
(c) to ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and
(d) to ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and for responding in a timely way to that information; and
(e) to ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under this Act; and
(f) to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).
HEALTH & SAFETY REFORM
What to do if something goes wrong
• First aid, call for emergency services. • Make site safe.• Notify WorkSafe. • Preserve incident scene. • Co-operate with WorkSafe.
HEALTH & SAFETY UPDATE
PENALTIES
1. Reckless conduct leading to risk of death or serious injury or illness- PCBU or officer 5 years imprisonment and/or $600,000.00 fine.
2. Failure to comply leading to risk of death or serious injury or illness- PCBU or officer fine $300,000.00.
3. Failure to comply with duty- PCBU or officer $100,000.00 fine.
Leading People in Safety
Company Profile
Men at Work – What do we do?
• In the business of People Safety – core business is Traffic Management Services
• Founded in 2006• Locally owned and
operated business in Kaiapoi (Ohoka Road)
• Approx 40 staff, 30 traffic management vehicles
Company Profile
Men at Work – Our Values
Our Values
Leading People Safety
Innovation ExcellenceCan Do Attitude
Company Profile
The Men at Work - Our Mission
• To be the Most Trusted organisation providing Leadership in People Safety
Company Profile
Men at Work – our Health & Safety
Culture• Looked at what was important to us and our business = People (Public,
Employees, our Clients)
• Want to do the best we can possibly do – at everything (excellence)
• Want to be around and be good people, be trusted, and really care
• Want No Regrets - that we didn’t do something we were trusted/ responsible to do
• H&S is a Team Effort (Caring, Responsibility, Idea’s, Action)
• Starts with Leadership – We need to set the example
Company Profile
Men at Work – Some ideas?
• Look at what type of Business/ Employer/ Leader you want to be• Deep thought• Many robust discussions• Build a Great Team H&S Culture = Great Team Culture (Authentic
& Caring)• Keep Positive and Action focused• Be open to advice / information / ask lots of questions• Be Genuine / real – ask for help – we don’t have all the answers
but someone does….• Look out for people within your business who have an interest in
H&S – they don’t always yell it out… they can be missed• Look out for information and resources – they are out there!
Company Profile
Some Easy places to Start
• Get some easy wins:
- H&S Policy (simple, clear, easy to read and understand and Relevant)- PPE (Personal Protective Equipment)- First Aid Kits (and Training)- Evacuation Plans- Record and measure near misses and incidents/injuries – see what patterns appear and if t they could have been worse?
• Prioritise – can’t do it all at once – Critical Risks / Most Frequent / Most Likely to occur
• Just Start talking about it amongst your team day to day/ during meetings – it becomes a good habit
• Build a H&S Culture – get employee engagement
• Starts with Leadership
Breakfast Health and Safety Seminar
Proudly Sponsored by:
Featuring
Steve Cooper from CECC Andrew Marsh from SRB LawDean Hyde from Men at Work