Focus area 2: the law is designed to balance flexibility and certainty
We are seeking feedback on whether the law strikes the right balance, or whether it may be too detailed in some cases, or not detailed or clear enough in others.
On this page
The HSW Act aims to balance flexibility to respond to different circumstances with providing certainty through detailed requirements to comply with health and safety obligations.
For lower-risk businesses and activities, the HSW Act provides greater flexibility on how to comply, so that businesses take actions that are proportionate to the risks. For higher-risk businesses and activities, there is more detail on how to comply in regulations, standards, approved codes of practice, and guidance.
As the HSW Act applies wherever work is being done, it also covers sectors and industries that may have their own legislation. For example, there are separate regulatory systems for transport and building. We also want to hear about your experiences where the work health and safety regulatory system overlaps with other regulatory systems, including whether this is causing you any problems.
Example: Temporary traffic management for road works
Temporary traffic management is a visible example of the flexibility within the HSW Act that you might come across in your daily life – you will regularly see temporary signs and road cones around road works. These are actions contractors take to keep road workers and others using the road safe. These can be on lower-risk, quiet residential streets, or on multilane highways where there is a higher risk to workers.
Temporary traffic management is an activity where it is important to get the balance right between certainty and flexibility. There are no specific requirements relating to temporary traffic management in the HSW Act or its regulations. Instead, there are guidelines most of the industry follows.
Previous guidelines for temporary traffic management had more detailed requirements; although this provided certainty, it was also a ‘one-size-fits-all’ approach that was less flexible. New guidelines from the NZ Transport Agency are intended to take a more flexible, risk-based approach, which can be more efficient and cost effective while still keeping people safe. However, this provides less certainty and requires judgments to be made about the risks at particular road work sites.
Questions
13. The HSW Act aims to balance flexibility and certainty. Thinking about the parts of the work health and safety law you frequently engage with, can you provide examples of:
a). requirements that are too detailed, strict, or inflexible to allow you to comply?
b). where there is not enough detail or too much ambiguity in law or regulations to help you comply?
c). requirements that are causing you problems?
d). requirements that are working well?
14. What sources of information or advice do you use to help you understand your responsibilities under the law and how to comply? Select all that apply:
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law or regulations
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guidance
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approved codes of practice (ACOPs)
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health and safety advisors or consultants
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the regulator (eg WorkSafe)
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third parties authorised by WorkSafe or the regulations (eg compliance certifiers or auditors)
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industry associations
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social media
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word of mouth
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none
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other (please specify)
15. For each of the sources of information or advice that you use, please select all that apply:
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the information or advice provides clarity about roles and responsibilities for health and safety in my workplace
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the information or advice provides clarity on the actions necessary to keep people healthy and safe in my workplace
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the information or advice is relevant to my work
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the information or advice is consistent across sources
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the information or advice is easy to find
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the information or advice is easy to understand
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the information or advice is easy to apply
a). Feel free to provide any further feedback about the sources of information or advice you use.
16. Are you able to provide any examples of where you have had difficulties because of the overlap between work health and safety legislation and other requirements? Please specify the relevant regulatory systems (eg the building regulatory system) if you can.
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