Health and Safety in Employment Amendment Act 2002
Summary of Key changes affecting most Employers:
Purpose of the Act
To make the HASIE Act 1992 more comprehensive in coverage
Employee Participation Systems
Establishment of S/H Committees and/or workforce representatives
Employers to establish systems for representative election
Hazard Notices
Trained representatives can issue a hazard notice
Training
Employers to provide paid leave for H/S representatives to attend two days training p.a.
Training will be approved by the Minister of Labour
Stress (now a hazard)
Employers to have in place systems to deal with employee stress
Employers to ensure employees have ability to carryout assigned work
Hazardous behaviour
Mental fatigue
Traumatic shock
Employee Refusal to Work
Employers duty for corrective action to prevent harm
Employees may refuse work likely to cause harm
Recording of Accidents
Self employed persons to maintain Accident Register
Principals to maintain register of contractors incidents / accidents
Provision of Personal Protective Equipment
Employers to make PPE accessible
Employers to ensure PPE is used by employees
Mobile Workers Travelling Job to Job
Protection of ship crew, aircraft and rail transportation workers
Use of employees vehicles for work:
Registration, WOF, Driver Licences, Vehicle load security etc
Duties of Persons Supplying Plant and Equipment
Supplier to identify users requirements
Supplier to ensure equipment is safe for intended use
Loaned Employees
Helping people next door to move materials
No payment link but requirement to protect
Protection of employees loaned from one employer to another
Protection of Volunteers
Assisting at Training/Expo
Company sponsored sporting activity
Infringement Notices and Instant Fines
Inspectors may issue infringement notices if prior warnings have been issued, or instant fines for employees and corporate bodies
Power to take Samples, Things, Objects
Inspectors given additional powers to take evidence
Enforcement by Other Agencies
Other agencies may be given powers to enforce Act e.g. Police, CAA, MSA, LTSA, NZ Defence Force
Prosecution Fines Increased
Raised to maximum fines of NZ$ 500,000 for non-compliance
Other prosecutions to NZ$ 2500,00 for no harm done
16(3) failure to warn authorised visitors of work related out of the ordinary hazards - NZ$ 10,000
Insurance Against Prosecution
Indemnity Insurance unlawful
ACC Work Safe Management Practice Audit
TOSHA can help you to maximise financial benefits from this Government's WMSP initiative. Premium discounts are available to your organisation through qualifying your Occupational Safety/Health Management Systems to meet the ACC's standards.
1 July 2005 and 30 June 2006 (breakdown of causes)
Forestry Operations 7
Construction Site 14
Industrial / Commercial Undertaking 26
Agricultural Units (Farms)
Newly Released Regulation, Codes of Practice / or Guidelines
Pre-Cast Concrete Approved Code of Practice Guidelines for Home Based Health Care Services, Health and Safety Guidelines for Managing Health and Safety in the Temporary Recruitment (Labour Hire) Industry HSNO ACT 1996
HAZARDOUS SUBSTANCES & NEW ORGANISMS (HSNO) ACT
Updates on the transfer of hazardous substances under the HSNO Act can be reviewed by visiting the ERMA website www.erma.co.nz As at July 2003 the time table for transfer of certain groups of substances to the HSNO Act is revised as follows: For more information on this topic, please review the Dangerous Goods page on the ERMA New Zealand website www.ermanz.govt.nz The timetable for the transfer of substances to the HASNO Act has also been revised as follows:
Substance GroupRevised Target Date for transfer
Explosives 28 August 2003 - Transferred
Single Component Dangerous Goods
and specifically listed Scheduled Toxic Substances 1 April 2004
All Pesticides 1 July 2004
Notified Toxic Substances (NOTS) 2006
To check if your substance is awaiting transfer into the HSNO Act regime, you can view the Single Component List in the ERMA website. Industry Training Organisations (ITO's) are slowly making available to industry Unit Standards for Approved Handler Assessments. It is in your interest to review these standards to see whether they will provide the required method of assessment for your industry sector. They may provide you with the required demonstrated evidence the Test Certifier is looking for when reviewing Approved Handler requirements.
For further information contact Kevin Wipiiti on 757 8889
Latest Prosecutions
You can subscribe to the SafeGuard Update Newsletter to access current industry related Health and Safety information.
Recent prosecutions under the Act follow:
27 August 2007 Issue
Roxx Climbing Centre
Fine $8000
Reparations $1374
Fall from climbing equipment
Melody Holdings Ltd Fine $25,000
Reparations $4000
Four workers suffered carbon monoxide poisoning
Pernod Ricard NZ Ltd
Fine $8750
Reparations $7,500
On-hire worker fractured heel in fall through ceiling
Skill.Net Recruitment Ltd Fine $3500
Reparations $2500
Employee of injured on-hire worker
Fletcher Construction Fine $40,000
Mobile scaffold fell from viaduct onto SH1
Leighton Contractors Pty Ltd Fine $30,000
Mobile scaffold fell from viaduct onto SH1
