Health & Safety - Have you got a Health & Safety System?
If you answer NO to this question you are in fact breaking the law. In 1992 the Health & Safety in Employment Act 1992 came into force. This means that as an employer you are responsible to take all practicable steps to ensure the safety of employees while at work; and in particular shall take all practicable steps to provide and maintain for employees a safe working environment; and provide and maintain for employees while they are at work facilities for their safety and health; and ensure that plant used by any employee at work is so arranged, designed, made, and maintained that it is safe for the employee to use; and ensure that while at work employees are not exposed to hazards arising out of the arrangement, disposal, manipulation, organisation, processing, storage, transport, working, or use of things in their place of work; or near their place of work and under the employer's control; and develop procedures for dealing with emergencies that may arise while employees are at work.
In 2002 court imposed fines for breaches of the act were significantly increased from $50,000 to $250,000. It is also important to note that it is unlawful to insure against a fine or infringement fee that is imposed if the Act is breached. Over and above being fined for breaching the Act you may also be ordered to pay reparation to the party who has suffered loss due to your actions or inactions.
Getting A System In Place
There are several ways of going about getting a good robust system in place and there are many resources available to assist you in doing this. Once you have your system in place, a small amount of time each week can easily manage your system and ensure that you are complying with legislation. You can produce your own system and a good starting point is to use the ‘Measuring your Capabilities in Workplace Safety Management – ACC Workplace Safety Management Practices Audit Standards’. ACC442 Workplace safety management practices audit standards PDF 503K This is a good guide to follow to ensure that you are meeting all the requirements under the act. A copy of the act can be obtained from the Department of Labour and is available at http://www.osh.dol.govt.nz/ the Department of Labour website.
If you do not wish to write your own system there are several companies that will write and implement a system suitable for your business for you. When looking at companies to implement and manage your system for you, look at their accreditation and if they are recognised by ACC, OSH and are qualified to Audit systems. Contact Occupational Safety & Health (OSH) and they will be able to advise you on reputable companies in your area that they recognise systems through. The yellow pages under workplace Health & Safety will also bring up System Specialists in your area. http://yellow.co.nz/search/new+zealand/Workplace+safety-3.html
In a media release on 12 March 2009, the Department of Labour Northern Regional Workplace Services Manager, Mr Howard says health and safety is an investment in a business’ most valuable asset: its workforce. “The costs of doing it properly are not great. The costs of not doing so are incalculable — the life of a worker, a family left without a loved one.”
Insurance
Employers Liability insurance provides reparation and defence cost protection but not ‘fines’. For further information email cheryl.newcombe@icfrith.co.nz
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