New Zealand adopted the Health and Safety in
Employment legislation in 1992. This was 25 years behind Britain and 10 years behind
Australia, but ahead of Malaysia and some other countries. The
legislation consolidates about 100 former Acts that are listed as second schedule to the
Act.
This means
that it is important to have some understanding of the previous legislation. The
legislation is descriptive and states goals, principles, and duties. Nearly all other acts
are prescriptive or specific and exact in detail. This means that most lawyers (as well as
normal people in industry) are not familiar with the outputs and outcomes required for
compliance.
What the Government had done
was to privatise and to personalise the responsibility for safety. Government officials
(OSH) were no longer going to spend their time telling and showing people what is
required. The Government envisioned that ACC or Workplace Insurance will ensure that
companies and organisations got enormous financial benefits or penalties. It was predicted
by the CEO ACC, that companies with bad records could get "loadings" of up to
100% on their ACC levies (equivalent to perhaps 15% of payroll).
The re-introduction of ACC
allows employers to qualify for discounts of up to 20% depending on the level of the
company / organisation's Safety Management Practice or under the Accredited Employer
Partnership Programme of up to 80% (depending on an organisation meeting ACC's Standards).
The standards developed by
the ACC Partnership Programme are closely allied to the requirements of the Accident
Insurance Act 1998, the Health and Safety in Employment Act 1992 (and amendments) and the
New Zealand Interim Standard, Occupational Health and Safety Management Systems, NZS 4801
(Int.) 1999.
It is becoming more apparent
that Health and Safety Performance will be important for saving money and maintaining the
viability of a company or organisation. The New Zealand Government now expects companies:
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Employer commitment to
safety management practices |
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Planning, review and evaluation |
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Hazard identification,
assessment and management |
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Information, training and
supervision |
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Incident and accident
reporting, recording and investigation |
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Employee participation in
health and safety management |
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Emergency planning and
readiness |
 |
Protection of employees from
on-site work undertaken by contractors and sub-contractors |