19/06/2024
Businesses and workers across New Zealand now have the opportunity to provide feedback on the country's health and safety rules. Workplace Relations Minister Brooke van Velden announced the opening of consultations for a review of the nearly decade-old Health and Safety at Work Act. This move aligns with the coalition agreement between the National Party and ACT, aiming to reform health and safety laws and regulations.
Minister van Velden emphasized the need for a health and safety system that is clear, sensible, proportionate, and effective. She stated, “The steps businesses and workers take to protect health and safety should be considered appropriate and meaningful, rather than just another tick-box exercise.” The goal is to ensure that businesses focus on addressing real hazards rather than navigating complex regulations.
The announcement coincides with the release of two significant reports. The Business Leaders’ Health and Safety Forum’s report, Been There. Done That, criticizes the lack of progress since the 2018 Health and Safety Strategy, citing unclear direction and inadequate coordination across government agencies. The report calls for urgent action to reduce regulatory burdens and improve guidance.
Similarly, a survey by the New Zealand Institute of Safety Management revealed a need for better guidance on meeting health and safety obligations. Institute CEO Jeff Sissons highlighted that the fundamental issues, such as incomplete regulations and lack of industry guidance, require urgent attention. Despite these challenges, Sissons advised against a complete overhaul of the Act, noting that the core legislative framework is sound but requires better implementation and education.
Various industry groups and unions have weighed in on the consultation. Transporting New Zealand and the Employers and Manufacturers Association welcome the review, advocating for a more sensible approach to risk management and a framework that genuinely keeps workers safe. Conversely, the Council of Trade Unions and the Green Party expressed concerns that the review could weaken workplace safety standards, especially in light of recent job cuts at WorkSafe.
The consultation seeks feedback on several aspects, including decision-making processes related to health and safety, the law's flexibility, worker engagement, and regulatory interactions. The most recent WorkSafe figures underscore the urgency of these reforms, with 62 workplace fatalities and over 34,000 injuries requiring more than a week off work in the past year.
Minister van Velden is quickly making her mark on the Workplace Relations and Safety portfolio. In addition to this consultation, she has promised a new draft of the Holidays Act for consultation by September and plans to address contractor law reform soon.
This review is a critical opportunity for all stakeholders to influence the future of health and safety regulations in New Zealand, ensuring they are effective and practical while maintaining robust protections for workers.