Post by michaelquigg on Nov 3, 2006 15:43:37 GMT 12
Health and Safety Law - Part One
Michael Quigg and Tim Sissons - Quigg Partners
This is the first of two posts on New Zealand's health and safety laws.
What follows is a general discussion of the principles and requirements of the Health and Safety in Employment Act (“the HSEA”), New Zealand's major piece of health and safety legislation.
The second post will consider how the HSEA applies specifically to voluntary and comunity organisations.
Introduction to Health and Safety Legislation
Following the introduction of the Health and Safety in Employment Act 1992, the New Zealand workplace health and safety system has had relatively few industry-specific regulations.
This is a stark contrast from the previous system, which involved at least 14 different enactments, dozens of sets of regulations, and administration by multiple agencies. New Zealand's health and safety requirements are now largely contained in the HSA, which is administered by the Occupational Safety and Health Unit, a division of the Department of Labour.
Under the HSEA, it is left to each employer to comply with their legal requirements.
The Core Obligation
The core obligation for employers is to “take all practicable steps to ensure the health and safety of employees and those who come into contact with the workplace”.
Taking “all practicable steps” means means doing everything that is reasonable in the circumstances.
It involves:
The HSEA also obliges employers to:
It imposes express duties upon:
Since 2003, workplace stress has been included in the HSEA as a type of harm that may be suffered by employees, and an employee’s behaviour resulting from physical or mental fatigue has been considered to be a workplace hazard.
Penalties
Employers (including companies and individuals such as directors) may be exposed to very large financial liability for failure to comply with the provisions of the HSEA.
The penalty for indictable offences (requiring fault: knowingly risking death, permanent loss of bodily function, amputation, burns, etc) is a maximum fine of $500,000 and/or up to two years’ imprisonment. The maximum fine for strict offences (not requiring fault) is $250,000.
Michael Quigg and Tim Sissons
Quigg Partners
www.quiggpartners.com
Michael Quigg and Tim Sissons - Quigg Partners
This is the first of two posts on New Zealand's health and safety laws.
What follows is a general discussion of the principles and requirements of the Health and Safety in Employment Act (“the HSEA”), New Zealand's major piece of health and safety legislation.
The second post will consider how the HSEA applies specifically to voluntary and comunity organisations.
Introduction to Health and Safety Legislation
Following the introduction of the Health and Safety in Employment Act 1992, the New Zealand workplace health and safety system has had relatively few industry-specific regulations.
This is a stark contrast from the previous system, which involved at least 14 different enactments, dozens of sets of regulations, and administration by multiple agencies. New Zealand's health and safety requirements are now largely contained in the HSA, which is administered by the Occupational Safety and Health Unit, a division of the Department of Labour.
Under the HSEA, it is left to each employer to comply with their legal requirements.
The Core Obligation
The core obligation for employers is to “take all practicable steps to ensure the health and safety of employees and those who come into contact with the workplace”.
Taking “all practicable steps” means means doing everything that is reasonable in the circumstances.
It involves:
- considering potential hazards in the workplace;
- considering the likelihood of them causing harm;
- considering the available knowledge about what can be done to eliminate or reduce hazards; and
- considering the likely costs involved in dealing with hazards (although cost alone will not excuse a failure to take action)
The HSEA also obliges employers to:
- train and supervise employees on health and safety matters (section 13); and
- ensure employee participation in health and safety decisions and planning (section 19A).
It imposes express duties upon:
- employers to protect their employees;
- employees to protect themselves and other employees;
- principals to protect their contractors, subcontractors and employees of their contractors;
- people who sell or supply plant for use in a place of work to ensure such plant is used safely; and
- people who control a place of work to protect those legally in the place of work and those in the vicinity of the place of work.
Since 2003, workplace stress has been included in the HSEA as a type of harm that may be suffered by employees, and an employee’s behaviour resulting from physical or mental fatigue has been considered to be a workplace hazard.
Penalties
Employers (including companies and individuals such as directors) may be exposed to very large financial liability for failure to comply with the provisions of the HSEA.
The penalty for indictable offences (requiring fault: knowingly risking death, permanent loss of bodily function, amputation, burns, etc) is a maximum fine of $500,000 and/or up to two years’ imprisonment. The maximum fine for strict offences (not requiring fault) is $250,000.
Michael Quigg and Tim Sissons
Quigg Partners
www.quiggpartners.com