Proposed change to ‘Serious Harm’ definition
The government proposes to change the definition of ‘serious harm’ in the Health and Safety in Employment Act 1992. The new definition is to provide clarity and to ensure that employers do not spend an inappropriate amount of time dealing with trivial issues. The change should also assist enforcement agencies and the Department of Labour to focus on the investigation of injuries and the prevention of them in the workplace.
The new definition is to include physical injuries leading to an employee being unable to perform their normal duties for 10 or more calendar days, any permanent injuries, specified events such electrocution or loss of consciousness and diagnosed occupational illnesses.
Minister of Labour, Kate Wilkinson, has said that she will introduce leglislation to Parliament in the new year to amend the Health and Safety in Employment Act 1992. Other proposed changes will include providing a levy mechanism so that the Department of Labour can recover costs of enforcing the Hazardous Substances and New Organisms Act 1996 in the workplace; requiring businesses who share a workplace to collaborate to meet their duties under the Health and Safety in Employment Act; and aligning the rules of self incrimination in the Health and Safety in Employment Act 1992 with those in the Evidence Act 2006.




