A. 4th of April 2016
A. Yes. When the Act becomes effective on the 4th of April 2016, it will apply to ALL New Zealand businesses.
A. The purpose of the Act is for organisations to collectively take responsibility for health and safety in their workplace and show a due diligence that they are doing everything within their control to create a safe working environment which consists of identifying hazards, addressing them appropriately to eliminate, isolate or minimise. The Act accepts that accidents do occur, however if an organisation can show they have a robust health and safety process in place and can verify that with appropriate evidence, i.e. documentation, prosecution or the level of penalty are more likely to be reduced.
A. Yes. A serious harm is to be reported to WorkSafe NZ within 24 hours of the incident occurring.
A. Hazard reporting identifies a risk that if corrective action is taken, there would be no incident.
A. All hazards recorded on the hazard register need to be eliminated, isolated or minimised - in that order.You need to state who will be responsible for ensuring this happens.
As part of the process you are also required to identify whether the hazard is significant, medium or low risk. The higher the risk, the more extensive the control measures need to be.
A. The level of the risk is determined by the probability of the hazard to create an incident and the hazard severity in the incident.
A. YES! You must advise staff of any hazard and inform them what you are doing to eliminate, isolate and minimise.
Everyone. This includes all staff, contractors and visitors. This should be communicated as part of your induction to staff and contractors. Visitors should also be made aware of their responsibility.
a) A health and Safety manual that contains a policy statement outlining your commitment to the workplace.
b) An accident register
c) A hazard register
d) A fire evacuationn and disaster management plan
f) Contractor control
A. Yes. You are required to comply with the Health and Safety at Work Act 2015. If your employees request to have a health and safety representative, you will need to fulfil that obligation.
A. The Health and Safety at Work Act 2015 states it is the responsibility of the PCBU ( Person conducting a business or undertaking); anybody in the business who can exercise significant influence over the management of the business e.g. CEO Duties of officer as well as the workers, (Duties of Workers). If you own or manage a business, you need to be actively involved with health and safety in your workplace.
A. A PCBU means a person conducting a business or undertaking:
whether the person conducts a business or undertaking alone or with others;
whether or not the business or undertaking is conducted for profit or gain.
The PCBU is a broad concept, which will encompass the existing duty holder categories (such as employers, principals, and persons in control of a place of work) under the Health and Safety in Employment Act 1992 (HSE Act). A PCBU does not include employees or directors of PCBUs (directors are covered as officers – see below), volunteer associations, and occupiers of a home who employ or engage another person solely to do residential work.
A. The Bill introduces a positive duty on officers to exercise due diligence to ensure that the PCBU complies with that duty or obligation. This is a key change from the HSE Act, where directors of a company can only be held liable where they have directly participated in, contributed to, or acquiesced in their company’s failure. Under the Bill, officers may be convicted for a breach of due diligence regardless of whether the PCBU has been convicted of an offence.
Due diligence 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;
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, a process for complying with any duty or obligation of the PCBU under the Act; and
verify the provision and use of resources and processes.
A. Penalties have increased under the new Act. For example, reckless conduct which exposes a person to a risk of death or serious injury or illness, can now range up to $300,000 and 5 years imprisonment for a worker, $600,000 and 5 years for imprisonment for an officer and $3,000,000 for a body corporate.
A. YES. HealthSafe can function on any android device that has internet capability.
A. Yes. HealthSafe has the capability to monitor hundreds of sites for the one company. This can be regionally or nationally. HealthSafe has a dashboard function which monitors the key legislation requirements and and the senior party managing the sites can see at a glance the performance of all properties or the properties selected from the portfolio.
A. HealthSafe has two main functions to support with contractor management. The first is the contractor induction and the second is a contractor review. Both docu- ments are online and can be filled in easily with the ability to have images taken of the contractor and upload any relevant information. ie hot work permits
A. Both documents are crucial to any investigation to any incident and so Health- Safe allows you to upload these to the appropriate hazard or incident form soft- ware. This enables you to have all of the documentation stored electronically and accessible in seconds at anytime for the nest eight years.
A. Yes. This is a key benefit HealthSafe offers. All of the documentation will become part of the one report, stored electronically.
A. HealthSafe has a built in function that once a serious harm incident is submitted, the senior parties identified at the commencement of the contract receive and SMS and an email to alert them. At this point they could access the document and understand the next corrective course of action. The HealthSafe account manager for your business will also receive the SMS and email. They will make contact with the appropriate person identified in the business to guide them on the corrective course of action. This is to ensure your business follows the process advised within the new legislation.
A. HealthSafe collates all the information from serious harm, incidents and hazards annotated through the month and at 12:01am on the 1st of the following month, the collated information is issued to the appropriate persons by PDF to insert into a laminated HealthSafe board. The PDF shows YTD and MTD figures to show historic information v the last month.