Expertise

Health & Safety

Overview
Our guidance ensures you stay on the right side of Health & Safety legislation

Health and Safety is a core consideration for any business or organisation. The Health and Safety at Work Act 2015 places responsibility on all participants in business, at every level of an organisation, from Directors, to contractors, subcontractors, and workers. 

We regularly provide health and safety compliance advice, helping companies and boards of directors understand their obligations and implement meaningful policies and programmes.

We can advise on specific health and safety issues and provide training and support for our clients.

Hesketh Henry’s experience covers New Zealand’s most high-risk industries: construction, maritime, transport, manufacturing, agriculture, forestry and utilities.

Our lawyers, including former prosecutors, know how the regulatory agencies work. We assist our clients with mandatory notifications and investigations to lower the risk of prosecution or enforcement action. If charges are laid, we appear in Court as defence counsel, negotiate with the prosecution and can apply for enforceable undertakings. We are also on the panel for a number of insurers and help their insureds through these processes. 

Need advice on Health & Safety?
Contact the expert team at Hesketh Henry.
Examples

Examples of work completed by our team include:

  • Providing Health and Safety training to the employees, managers and Board of Directors;
  • Helping  clients manage their responsibilities with regard to personal protective equipment;
  • Advising employers on their obligation when acquiring a business, including health and safety and due diligence in relation to large industrial plant and operations;
  • Advising companies on the development and implementation of a drug and alcohol testing regimes;
  • Assisting with mandatory notifications to regulators;
  • Assisting with investigations by WorkSafe, Maritime New Zealand and other regulators into notifiable incidents;
  • Negotiating enforceable undertakings;
  • Negotiating summaries of fact for use in prosecutions; and
  • Defending prosecutions and appearing at sentencing hearings.
Key Contacts
Recommendations
Publications
Events

Insights & Opinion / Health & Safety

Are you ready for the new Covid-19 Protection Framework?
Parliament has been racing through COVID-19 legislation in preparation for New Zealand entering the COVID-19 Protection Framework (CPF) at midnight tonight, Thursday 2 December.   Employers operating...
02.12.2021 Posted in Business Advice & COVID-19 & Employment & Health & Safety
Covid-19 Risk Assessment – Vaccines only part of the solution
Vaccine mandates have been the “hot topic” in the news recently.  However, it has become clear that vaccines are not a silver bullet and relying on vaccination alone to address the risk of Covid-...
01.12.2021 Posted in COVID-19 & Employment & Health & Safety
COVID-19 Protection Framework: Vaccination Certificates and Simplified Risk Assessment on its way
For some employers, Covid-19 vaccine certificates (CVCs) are required in order to operate within the Covid-19 Protection Framework (the Traffic Light System).  The scope of this requirement is slated...
23.11.2021 Posted in Business Advice & COVID-19 & Employment & Health & Safety
Health and Safety Reform: Increased Regulation of Plant and Structures on the Horizon
The Government has announced that it intends to release draft plant and structures regulations in early 2022, with new regulations expected to be in place later next year.
28.10.2021 Posted in Construction & Health & Safety
Maritime New Zealand v Genera Limited:  Health & Safety Prosecution in International Waters
In the first case of its kind, Genera Limited has been convicted of an offence under the Health and Safety at Work Act 2015 (HSWA) in relation to an incident that occurred in international waters. The...
18.08.2021 Posted in Disputes & Health & Safety & Trade and Transport
Demolishing the “I’m not a PCBU” defence
In WorkSafe New Zealand v Dong SH Auckland Limited [2020] NZHC 3368, the High Court considered the statutory concept of a Person Conducting a Business or Undertaking (PCBU).  The facts of the prosecu...
04.03.2021 Posted in Health & Safety
“Recklessness” under the Health and Safety at Work Act 2015
The High Court has clarified the elements of the offence of reckless conduct in the Health and Safety at Work Act 2015.
19.02.2021 Posted in Business Advice & Disputes & Health & Safety
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