HEALTH AND SAFETY
WorkSafe New Zealand Inspections
I
was reading the August edition of Safeguard magazine and noted that a person was fined a total of $12,000 on two charges: obstructing WorkSafe inspectors and failing to provide a statement at an interview required by WorkSafe. WorkSafe inspectors may visit any site at any time. Usually, they will make an appointment, but not necessarily. Their visits may appear quite random; they often visit the same site frequently, although they provide a positive report each time. Under section 168 of the Health and Safety at Work Act 2015, any inspector may, at a reasonable time, enter any workplace. They require the PCBU or person in charge to provide information and allow them access. You are within your rights to, and should, ask to see their warrant card, especially if it is an unexpected visit. Section 179 of the Health and Safety at Work Act 2015 states that a person must not, without reasonable cause, hinder or obstruct an inspector. Section 209 states that it is an offence to give false or misleading
information. Each of these can attract a fine up to $10,000 for an individual. Generally, WorkSafe inspectors will visit to confirm that the workplace is complying with the act. They may issue provisional improvement notices (PINs) or prohibition notices if they are unhappy with the outcome. A PIN requires some corrective action to be taken. WorkSafe will want to see evidence of the improvement before lifting the PIN. A prohibition notice prohibits the use of the item or items included in the notice. WorkSafe must approve corrective actions and lift the notice before the item or items can be used.
Generally, WorkSafe inspectors will visit to confirm that the workplace is complying with the act. They may issue provisional improvement notices (PINs) or prohibition notices if they are unhappy with the outcome.
How can Safewise help? We work with organisations that need more health and safety knowledge, or more time to address these issues, than they have in-house. For more information, check the website, safewise.co.nz. 23031 DANI1 TRUCKING AD.pdf
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About Tracey Murphy Tracey Murphy is the owner and director of Safewise Ltd, a health and safety consultancy. She has more than 12 years’ experience working with organisations from many different industries. Tracey holds a diploma in health and safety management and a graduate diploma in occupational safety and health. She is a professional member of the New Zealand Institute of Safety Management and is on the HASANZ register.
Danielle L. Beston Barrister At Law Log Book & Driving Hours Transport Specialist Work Licences Nationwide Road User Charges Contributor to New Zealand Trucking ‘Legal Lines’ Column Telephone: 64 9 379 7658 mobile: 021 326 642 danielle.beston@hobsonchambers.co.nz Referral Through Solicitor Required and Arranged
138 New Zealand Trucking
November 2021
