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Health & Safety at Work Act

The principal objective of the Health and Safety Act is to prevent harm from occurring to employees, visitors, contractors and subcontractors while they are at your workplace. It does this by imposing a wide range of legal responsibilities on employers and supervisors. Breach of these responsibilities could result in legal action against you as an individual, resulting in heavy fines.

You are obliged to provide:

Hazard Identification and Control
Information, Training and Supervision
Accident Reporting and Investigation
Emergency Procedures

The Health and Safety in Employment Amendment Act, which came into force on May 5th 2003, increased the accountability of the employer. As an employer you need to be aware of the processes and duties introduced in these reforms and the practical implications.

You now have a duty to involve your employees in health and safety matters. You will need to develop a system to comply with this duty. If you employ more than 30 people this system must be devised and implemented by 5th November 2003. There is flexibility but if you haven’t set up your own systems by this date the system set out in the act incorporating health and safety representatives will apply.

You will need to review all your company’s existing health and safety and employment policies. You must be able to share information with Health and Safety Representatives as well as employees.

Ensure you have:
1. A procedure for monitoring fatigue and minimising the potential stress caused by over work. Overtime and rostering must be carefully reviewed.
2. Developed a process for supporting employees who indicate they have a stress issue and for assisting those who have to work in stressful environments.
3. Provide support for trainees, volunteers and people such as those on work experience.
As an employer or company owner it is prudent to become familiar with the processes by which the health and safety representatives can issue hazard and infringement notices. Make sure your line managers are aware of and able to address such issues and deal with the processes.

Stay abreast of all relevant codes of practice issued by OSH.

Review your suppliers of plant and make sure they have undertaken to design, make, install and maintain the equipment in accordance with your health & safety policies and procedures.

Supply all necessary protective clothing and ensure that your staff and visitors are wearing it when necessary. You may have to review your employment agreements. Your staff are no longer expected to supply their own protective clothing.

Your accident register must now also include any self-employed people contracted to work for you.

Staff that take the roles of Health and Safety Representatives are entitled to paid time off to attend approved training courses.

You can view the Act by visiting www.legislation.co.nz. Further information is available in Employment Issues or for more information contact info@hughesdirect.com or 0508HRHELP.