WorkSafe’s new focus on how work is done

Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.

WorkSafe has recently announced a shift in focus to look at the bigger picture of “how work is done”, focusing on the construction sector amidst other industries. It explains that as workers have little control over how they complete their assigned work, the focus is now on senior staff and management in addressing the ‘root causes’ of health and safety issues at work.

2. Plant, structures and vehicles which will involve new regulations due for consultation

3. Worker engagement, participation and representation in workplace health and safety

4. Working closely with businesses in the supply chain who have influence and control in addressing health and safety risks through design or manufacturing.

Recent decision in relation to PCBUs and Contractors

Three focus areas – Safe Work, Health Work and Equitable Outcomes

More broadly, WorkSafe’s current focus is on integrating better practices into how work is done throughout New Zealand by improving work design.

The three key areas of focus for WorkSafe are:

• Safe work, where WorkSafe is looking to influence a shift away from lowest-cost approaches towards people-centred health and safety, seeking to achieve a change in attitudes here by examining the entire construction process from design to completion.

• Healthy work, including mental health, addressing work design, the work environment and supporting positive relationships at work. For example, this may mean reviewing the way that role responsibilities interact to complete work, putting in place clear policies and training on behavioural expectations, and support for workers who are experiencing mental health challenges.

• Equitable outcomes for all workers, with culturally appropriate means to ensure better worker engagement, participation and representation. This includes ensuring vulnerable groups such as Maori, Pasifika, older and younger workers and workers who do not speak English are fairly represented. For example, this may mean reviewing or improving how people can make suggestions, raise ideas or concerns or give feedback with the overall goal of encouraging worker involvement in identifying and managing risks.

WorkSafe’s organisational priorities

WorkSafe has also identified core organisational priorities, which will include a focus on the following:

1. Carcinogens and airborne risks, which currently cause around 31% of work-related harm

A recent Court decision involving a multi-PCBU worksite has reinforced that the duties owed to contractors and subcontractors of a PCBU are the same as for employees. Here, following a fatal vehicle incident due to a failure of a park break, the Court ultimately found that Fulton Hogan had failed to identify all PCBU’s working on the site at the time and therefore had not informed each of the necessary, safe systems of work and health and safety expectations, including specific advice as to parking vehicles.

A subcontracted driver was also injured, and the Court held he was entitled to reparations given Fulton Hogan’s failure to advise of health and safety systems adequately.

Fulton Hogan had failed to provide the same level of health and safety direction to its subcontractors that it had for its own employees despite both being exposed to the same risks.

Key take aways

Following recent prosecutions of not only larger companies, but smaller employers and company officers as well, WorkSafe’s shift in focus sends a clear signal of shifting towards looking at the responsibilities of other duty holders at senior staff and management level, as well as Boards having the ability to influence health and safety outcomes, right through supply chains and at PCBUs with overlapping duties.

Now is a good time to revisit current health and safety management plans, policies and procedures to ensure these are current for industry best practice so that they are in good shape to support your workplace, with training for managers, officers and workers responsible for the practical implementation of these.