Health and safety update: Thought leadership
Keeping you informed
Law firm Buddle Findlay discusses the definition of officers under the HSWA in relation to local authorities.
It says that WorkSafe has indicated that it will adopt a conservative approach and treat only elected members and CEOs as officers, but that the comments by WorkSafe are not binding and care must be taken given it is a matter for the court to determine officer liability.
The approach by WorkSafe does accord with the narrow interpretation taken by the Australian courts in the first prosecution of an officer under equivalent legislation.
Buddle Findlay, 12 August 2016
Auckland law firm Hesketh Henry discusses some of the new requirements of the HSWA.
In this article it considers the rules around notification. Under the new Act, the ruels have changed - so what do you have to notify? When? How?
Hesketh Henry, 3 August 2016
A second article by Hesketh Henry considers duties placed on persons conducting a business or undertaking (PCBUs) to consult, co-operate and co-ordinate.
As well as consulting with workers, PCBUs with overlapping duties for the same workers, work or workplace must, so far as reasonably practicable, Consult, Co-operate and Co-ordinate activities with other PCBUs so they can all meet their combined responsibilities.
The HSWA itself does not define these or offer much detail on how PCBUs can discharge this duty. However, WorkSafe has published expectations for PCBUs where duties overlap.
Herbert Smith Freehills is another firm that has considered this issue.
Hesketh Henry, 10 June 2016
SiteSafe has published this short guide on worker engagement, aimed at both workers and employers to help them understand how they can become involved in health and safety discussions.
It says that worker engagement features heavily in the HSWA – it is about talking with your team and having meaningful discussions about health and safety.
SiteSafe, 28 July 2016