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Published 29 August 2023 | 2 min read
Amendments to the Health and Safety at Work Act 2015 (HSWA) - more opportunities to request H&S representation
For years, ensuring a safe work environment has been a challenge, especially in industries traditionally considered high-risk. The existing regulations had limitations that hindered worker engagement and representation. Small-to-medium businesses often found navigating the complex requirements overwhelming, and compliance sometimes came at the cost of productive operations. As a result, addressing the concerns of employees and meeting the demands of health and safety legislation simultaneously posed a challenge.
New Zealand businesses are facing major changes to health and safety requirements. These changes are designed to improve worker safety, but they could also pose initial challenges for small-to-medium businesses.
The amended HSWA presents a comprehensive solution to these challenges. The three major changes that have come into effect demand the attention of New Zealand businesses:
1. Enhanced Worker Representation:
At the request of workers, a person conducting a business or undertaking (PCBU) is now required to initiate the election of a health and safety representative. This provision ensures that workers have a voice in shaping their own safety standards. Workers will now have more opportunities to request health and safety representatives and committees and PCBUs will need to be prepared to comply with these requests, even if they come from a small number of workers.
2. Streamlined Committee Establishment:
If a health and safety representative or a group of five or more workers make a request, the PCBU must establish a committee "as soon as practicable." This change ensures that critical health and safety decisions are made promptly.
3. Inclusivity Across All Sectors:
Another change is that the high-risk sector or industry designation has been removed.
The removal of the "high-risk sector or industry" factor as a criterion for declining a health and safety representative or committee ensures that no sector is overlooked. This broadens the focus on safety, allowing businesses across various domains to strengthen their health and safety culture. This means that PCBUs will no longer be able to decline a request for a health and safety representative or committee simply because the workplace is not in a designated high-risk sector.
Our thoughts
While these changes may seem daunting, they are ultimately a positive step towards improving worker safety. By giving workers more say in health and safety matters, these changes will help to create a more proactive and collaborative approach to workplace safety.
The recent amendments to the HSWA mark a positive shift towards greater worker representation and a culture of safety across all sectors.
You can prepare for these changes by familiarising yourself with the new requirements and by developing a plan for how they will comply. You should also work to create a culture of health and safety in your workplaces, where all workers feel comfortable speaking up about safety concerns.
Still unsure how these changes affect your business?
Our friendly HR experts are just an email or a phone call away.
Email us at info@eqconsultants.co.nz, or call us on 03 366 4034 for professional, one-on-one guidance.