Our German Desk
While we wait with bated breath for the outcome in the prosecution of former Ports of Auckland CEO, Tony Gibson, officers’ duties are very much at the forefront of everyone’s mind.
Section 44 of the Health and Safety at Work Act 2015 (HSWA) provides that if a PCBU (person conducting a business or undertaking) has a duty or obligation under the HSWA, officers of the PCBU must exercise due diligence to ensure the PCBU complies with its duties and obligations. An officer includes, among others, the directors of companies and persons occupying a position of influence (e.g. a chief executive).
The Institute of Directors New Zealand, in association with WorkSafe New Zealand, have just released a timely update to their Health and Safety Governance Guide.
The new and updated guidance is made up of three documents – the ‘Health and Safety Governance – A Good Practice Guide’, the ‘Quick Guide’ (a summarised version of the former) and a helpful ‘Health and Safety Governance Self-Assessment Review’. The guidance calls for some extensive reading but provides fundamental direction as to how those in governance roles can improve health and safety outcomes within their organisations.
The guidance delves into:
- The purpose and benefits of health and safety governance;
- The health and safety governance ecosystem (the relationship between PCBUs and health and safety officers);
- How to develop better health and safety governance;
- The foundation systems and practices to ensure solid health and safety within an organisation;
- The principles of good health and safety governance; and
- The 5Cs (Courage, Capability, Curiosity, Context, Care).
While the guidance touches on legal obligations, this is not its objective. Rather, it aims to provide practical advice to help officers meet their due diligence obligations. Ultimately, the due diligence exercised by officers will depend on the requirements of the individual organisation. However, the new and updated guidance is an invaluable resource for any (all!) organisations looking to better their health and safety governance.
If you have any questions about your health and safety obligations, please get in touch with our health and safety team or your usual contact at Hesketh Henry.
Disclaimer: The information contained in this article is current at the date of publishing and is of a general nature. It should be used as a guide only and not as a substitute for obtaining legal advice. Specific legal advice should be sought where required.
