Transcript Safe start breakfasts

HEALTH AND SAFETY IN OUR WORKPLACES
PRESENTATION TO NURSE EXECUTIVES NZ
GREGOR COSTER, CHAIR, WORKSAFE NZ
14 AUGUST 2014
CALL FOR A STEPCHANGE:
Independent
Taskforce on
Workplace Health
and Safety, April
2013
Working Safer
reform blueprint,
August 2013
WORKSAFE NEW ZEALAND
2
WORKSAFE NZ
• New stand-alone Crown Agency
• Mandate to lead a step change in
health and safety performance
• Target of >25% reduction in
fatalities and serious harm by 2020
• Established December 2013
WORKSAFE NEW ZEALAND NOVEMBER 2013
3
STATEMENT OF INTENT 2013-14
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 highperformance agency
4
WHAT’S NEEDED
A transition from
mostly…
to mostly …
Reactive (bottom of cliff)
Incidents
Outputs
Hazard/Symptom
Starting with solutions
Individual practitioner variation
Working in isolation as an agency
Proactive and targeted
Patterns
Outcomes
Root causes
Intelligence and context-led
Guided decision-making
Engaged and collaborative
WORKSAFE NEW ZEALAND AUGUST 2014
5
WORKING TOGETHER WITH
EMPLOYERS AND EMPLOYEES
WorkSafe NZ’s three “E”s :
• Educate
• Engage
• Enforce
6
WORKSAFE NEW ZEALAND MARCH 2014
7
OUR INTERVENTION APPROACH –
OUR SPHERES OF ACTIVITY
Universal activity
General, basic, ongoing activity, such as awareness raising,
general guidance and education & information provision
Targeted activity
Addresses an identified risk in a sector, industry or enterprise,
and is tailored to fit the participants, operating environment and
objectives
Reactive activity
In response to actual incidents, hazards or risks. Enforcement
tools will be prominent in this area of activity but may lead to
universal and targeted activities as well
8
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
9
HEALTH AND SAFETY AT
WORK ACT
10
THE NEW LEGISLATION – KEY
ELEMENTS
No-one should be able to say they don’t
understand their obligations by April next year.
•
•
•
•
•
Duties are explicit
Duty-holders’ responsibilities clearly laid out
More worker participation
More tools for the regulator
Penalty regime toughened
11
HEALTH AND SAFETY REFORM BILL
REF. HEALTH PROVISION
•
Reform Bill makes duties more
explicit:
•
•
•
•
WORKSAFE NEW ZEALAND
DHBs and NGOs as PCBUs must work
together
DHBs must satisfy themselves service
providers have appropriate H&S
processes & protocols in place
New ‘due diligence’ director duties
Service providers must give regard to
their requirements under other
legislation, eg. HPCA
12
HEALTH AND SAFETY REFORM BILL
REF. HEALTH PROVISION
•
Where the line is drawn: code of
professional conduct and H&S law
•
•
•
WORKSAFE NEW ZEALAND
Distinction is drawn on clinical
judgement
Serious harm arising from treatment by
registered health professionals more
appropriately dealt with by Health &
Disability Commissioner
WorkSafe NZ reserves right to
investigate
13
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.
14
HEALTH AND SAFETY REFORM BILL
IN THE CASE OF MULTIPLE PCBU’S
WORKSAFE NEW ZEALAND
15
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.
16
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.
17
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
18
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
19
KEY OFFICERS’ DUTIES
•
Officers have a due diligence duty
•
It is individual to officers
•
Includes taking reasonable steps to:
• acquire, and keep up-to-date, knowledge of work health and safety matters
• 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
• 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
• 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
• ensure that the PCBU has, and implements, processes for complying with
any duty or obligation of the PCBU under the Act
• verify the provision and use of the resources and processes referred to
above.
WORKSAFE NEW ZEALAND
20
HEALTH AND SAFETY REFORM BILL
GOOD GOVERNANCE GUIDE
• Adhere to
principles of
quality
governance
• Check out ‘Good Governance Practices
Guideline for Managing H&S Risks’,
www.iod.org.nz
WORKSAFE NEW ZEALAND
21
SO WHAT IS THE GOAL?
•
The simple goal:
Workers go home healthy and safe
every day
•
The absolute goal:
25% (at least) reduction in fatalities
and serious harms by 2020
WORKSAFE NEW ZEALAND
22
Everyone who goes to work
comes home healthy and safe
Everyone has a role to play
worksafe.govt.nz
0800 030 040