08.03.2013

Government to set up new health and safety agency

The creation of a stand-alone Crown agent was a key recommendation of the Royal Commission on the Pike River Coal Mine Tragedy.  The Government has now announced that it will create this agency, and that according to new Labour Minister Simon Bridges;  “The new agency will have a dedicated focus on health and safety and underlines the Government’s strong commitment to addressing New Zealand’s workplace fatality and serious injury rates,”
The new Crown agent will enforce workplace health and safety regulations and work with employers and employees to promote and embed good health and safety practices. “Today’s announcement is a significant step in the Government’s workplace health and safety reform programme.  It will sit alongside the work of the Independent Taskforce on Workplace Health and Safety which is due to report back at the end of April,” Mr Bridges says. The workplace health and safety functions currently sitting within the Ministry of Business, Innovation and Employment will transfer to the new agency, which is expected to be in place by December.

In our view

The burning question is whether a separate agency will make any difference.  The legal obligations to ensure that the workplace is safe are entrenched, and the Health and Safety in Employment Act 1992 is a comprehensive piece of health and safety legislation.

The issue has not been that the obligations do not exist, but whether the government agency tasked with policing compliance is sufficiently resourced to ensure that employers are taking adequate steps to ensure health and safety.  All health and safety legislation, including the Maritime Transport Act 1994 and the Civil Aviation Act 1990 places the primary onus for health and safety on the employer or operator (who is usually the employer).

Health and safety always has a cost and, as a consequence, there is always an economic incentive to take short cuts or take compliance risks in favour of production.

What this means is that health and safety legislation is only as good as the ability of the agency to ensure the obligations are being met by monitoring and enforcement, and monitoring and enforcement are only possible if the agency is fully resourced.

A new agency is unlikely to provide any health and safety magic.  The real question is will it be sufficiently resourced to ensure the legislation is complied with?

Do you need expert legal advice?
Contact the expert team at Hesketh Henry.
Kerry
Media contact - Kerry Browne
Please contact Kerry with any media enquiries and with any questions related to marketing or sponsorships on +64 9 375 8747 or via email.

Related Articles / Insights & Opinion

Money stack black and white
Income is classified as relationship property – surprised?
For all couples, embarking on the journey of building a life together involves not only love and commitment but also financial considerations.  As you navigate through shared finances, it’s imp...
26.03.2024 Posted in Private Wealth
Forestry Unsplash ruben hanssen wl ylTCM
Forestry: Regulatory Roundup March 2024
The challenging economic environment for New Zealand’s forestry industry continues, with China’s demand for our logs remaining subdued. Moreover, in addition to the change in Government, t...
25.03.2024 Posted in Forestry & Property
solar
OIO Spotlight: Solar projects, exempted interests and farmland considerations
As New Zealand renewable energy developments continue to attract interest from global investors, we take a look at some recent approaches of the Overseas Investment Office in assessing consent require...
BCC Trade Credit v Thera Agri Capital: Policyholder Successful Against Credit Insurer in Australian Court of Appeal Decision
When applying for trade credit insurance, a prospective insured will typically provide information on the financing arrangements that will form the basis of cover. Where there is deviation from these ...
05.03.2024 Posted in Insurance & Trade and Transport
iStock
Parker v Magnum Hire: A new era of personal grievance remedies awarded in the Employment Relations Authority?
If you heard a sudden loud noise last week – no it wasn’t a jet plane flying overhead, it was the gasp of employment lawyers across New Zealand when the Employment Relations Authority published it...
26.02.2024 Posted in Employment
employment dictionary website
Banding together: the Court’s new approach to awards for injury to feelings
One of the key remedies available to an employee who has successfully established a personal grievance in the Employment Relations Authority (Authority) or the Employment Court (Court) is compensation...
23.02.2024 Posted in Employment
Trust liability under the Health and Safety at Work Act
WorkSafe New Zealand v RH & JY Trust & ors
21.02.2024 Posted in Health & Safety & Private Wealth
SEND AN ENQUIRY
Send us an enquiry

For expert legal advice, please complete the form below or call us on (09) 375 8700.