Liability under Health and Safety in Employment Act 1992

Question: A client owns a commercial building. A roofing contractor, an expert in its field of expertise, is being engaged to undertake repair work. Under OSH, who would be liable should an accident/incident occur; would it be the client or the contractor? Answer: The client and the contractor could both be liable under the Health and Safety in Employment Act 1992 (the Act) in the event of an accident. The Act is deliberately non-prescriptive and... Read More

Health and safety liability when hiring contractors

Last week, Labour Minister Simon Bridges launched guidelines for company directors on leading and managing health and safety in their workplaces.  These guidelines say directors should make workplace health and safety a business priority. We thought this would be a timely reminder to our clients about their health and safety obligations, especially with regards to the hiring of contractors, and where the corresponding health and safety liability... Read More

Health and safety guidelines for directors launched

Guidelines say directors should make workplace health and safety a business priority. Simon Bridges, 20 May 2013 Guidelines for company directors on leading and managing health and safety in their workplaces have been launched by Labour Minister Simon Bridges. “This is an important milestone in addressing both the recommendations of the Pike River Royal Commission and the Independent Taskforce on Workplace... Read More

Incentive for more small businesses to improve safety and save money

Businesses can receive a 10% reduction in their annual Work Levy. ACC has expanded its ‘Workplace Safety Discount Programme’, which offers levy discounts to businesses with demonstrated workplace health and safety experience and practices.  The programme is now open to all small to medium-sized businesses and self-employed people. Previously, it was aimed at those working in identified, high-risk industries. “We... Read More

Implications for employees with variable hours of work

When an employee works variable hours, there are many implications an employer needs to take into consideration.  Some of the most common implications are summarised in the article below. Hours of work There is no legislation directly governing how many hours an employee may work per week. The Minimum Wage Act 1983 (section 11B) requires that every employment agreement fix at no more than 40 the maximum number of hours (excluding overtime) to be... Read More

Q & A – Can a permanent employee work different hours each week?

Question: Is it legal for an employee under a individual employment agreement to work variable hours per week? For example, in the retail sector, an employee may work for 30 hours one week, 50 hours in the following week, 20 hours in the third week, 60 hours in the fourth week and so on. Although the hours worked will vary from week to week, the employer will ensure that the employee ends up working only 40 hours per week on average through the year.... Read More

Labour Minister Kate Wilkinson resigns — deficiencies in regulatory environment a factor in Pike River disaster

The Royal Commission finds the Department of Labour lacking in focus, capacity and strategies to ensure Pike River Coal Ltd was meeting its legal responsibilities under health and safety laws. 5 November 2012, John Key Prime Minister John Key today welcomed the report of the Royal Commission on the Pike River Coal Mine Tragedy. “We owe it to the families of the 29 men who died to find out what happened and why, and a Royal Commission... Read More

John Key’s take on the Royal Commission’s report on Pike River

5 November 2012 Mr Key says the Royal Commission found the immediate cause of the tragedy was a large methane explosion. “The most likely source of the methane was, to use the Royal Commission’s words, the void formed during mining of the first coal extraction in the mine. Alternatively, the source may have been methane that accumulated in the working areas of the mine. “While the exact cause may not be known, the Royal Commission has found... Read More

Reflagging of foreign charter vessels will address labour (and other) concerns

22 May 2012, David Carter, Kate Wilkinson The Government today announced it is to require reflagging of foreign-owned fishing vessels operating in New Zealand waters to address labour, safety and fisheries practice concerns. Primary Industries Minister David Carter and Labour Minister Kate Wilkinson say foreign-flagged fishing vessels will no longer be able to legally operate in New Zealand waters after a four-year transition period. “The Government’s... Read More

Workplace deaths remembered on Memorial Day

28 April 2012, Kate Wilkinson Today is International Workers’ Memorial Day — a time for New Zealand workers and employers to reflect on the importance of health and safety on the job, Labour Minister Kate Wilkinson says. Falling on April 28 each year, it is a day of remembrance and action for workers killed, disabled, injured or made unwell by their work. “This is a time to remember those friends, family and colleagues who didn’t come... Read More

New guidelines to reduce workplace falls

19 April 2012, Kate Wilkinson Labour Minister Kate Wilkinson has told the construction industry there’s no longer any excuse for failure to work safely at height. The Minister today launched the Best Practice Guidelines for Working at Height in New Zealand at the new Wigram Skies housing subdivision in Christchurch. “These guidelines give everyone in the industry clear, simple advice that will help bring down the death and injury toll from avoidable... Read More

New AS/NZS standard: high visibility safety garments

The new Australian and New Zealand Standard AS/NZS 4602.1:2011 High visibility safety garments — Garments for high risk applications supersedes the 1999 standard and does not have any reference to particular types and styles. This has been done so as to give the designer as much flexibility as possible in selecting a suitable garment design to meet different needs as regards weather conditions, type of work, and to be innovative in devising... Read More

One in four agriculture and fishery workers claim for a work-related injury

Agriculture and fishery workers were the most likely occupation group to make a claim to the Accident Compensation Corporation (ACC) for a work-related injury, as reported by Statistics New Zealand. Agriculture and fishery workers had the highest rate of injury claims, with 241 claims for every 1,000 full-time equivalent employees (FTEs) — nearly 1 in 4. Trades workers had the next highest claim rate, at 202 claims per 1,000 FTEs. This was... Read More

Results of the quad bike safety initiative, 01 September 2011

Statistics have shown that each year, 850 people are injured in quad bike accidents, and of these 160 will not return to work and about four or five will die. In the period from 2002 to 2008, five children under 16 years were killed riding quad bikes, and in the same period quad bikes accounted for 40 percent of all farm fatalities. As a result, the Department of Labour launched its harm reduction programme, raising awareness about quad bike safety... Read More