New workplace health and safety laws

New workplace health and safety laws will affect business in town and in the rural sector

Businesses in town and the country, including farms, will have to rethink their workplace health and safety processes when the new Health and Safety Reform Bill comes into effect in 2016, says Linda Gray, director of NZ CA Limited, an association of independent chartered accountants.

Last Friday Parliament’s Select Committee reported back to Parliament with improvements to the Bill after public submissions.

Ms Gray says that although the recommendations made by the Select Committee have diluted the government’s original hardline taken by the government, the implications for businesses whether they’re large or small are significant.

“The current requirements are strengthened for worker participation and engagement on health and safety matters. There will be an expectation that everyone in the workplace is responsible for workplace health and safety, not just officers of the company. PCBUs (persons conducting a business or undertaking) have significant obligations and responsibilities in the workplace. There’s acknowledgement that some of their duties may overlap with the duties of other PCBUs in shared workplaces or where workers work for more than one PCBU,” says Ms Gray.

“The recommendations are, we think, more business-friendly and practical. For example, SMEs with fewer than 20 workers in low-risk sectors will not be required to have a health and safety representative. However, if a worker in a low-risk environment requests representation, their employer must do this. The government is yet to give guidance on which businesses are considered high or low risk.”

The role of volunteers in the workplace is acknowledged in the recommendations. Coverage of volunteers will remain as it is under the current law which distinguishes between casual volunteers and volunteer workers. There will be clarification between a purely volunteer organisation which has no employees, and a volunteer organisation with one or more employees.

Ms Gray says that the recommendations have clarified the definition of a workplace. “There’s acknowledgement that some areas in a workplace are not a workplace all of the time.

“In the case of farms, the duty of a farmer managing or controlling a workplace will only extend to the farm buildings and structures necessary to operate the farm business and the areas immediately surrounding them. Other parts of the farm will not be a workplace (such as the farm house), apart from when farm work is being carried out in that part of the farm at the time. This means a farmer’s duty to manage and control the farm will not apply to recreational users coming onto farmland (unless farm work is being carried out in that part of the farm at the time).

“We’re positive about the Select Committee’s recommendations. We think they’re are more business-friendly and bring more practicality to the implementation of the proposed changes.”

Looking ahead, Ms Gray says that all businesses should plan ahead and think about how they will engage with their employees on health and safety matters, and to talk with their professional advisers on how to best implement the provisions in the new legislation.

NZ CA is an association of independent chartered accountants located throughout New Zealand. NZ CA’s mission is to help its 27 member firms improve their business by continually exceeding their clients’ expectations and to help them develop new business opportunities. More information can be found at www.nzca.com

ENDS

© Scoop Media