Health and safety at work regulatory system

System description and objectives

System description

New Zealand’s regulatory system for health and safety at work establishes duties for persons conducting a business or undertaking (eg companies or self-employed people), officers (eg directors of a company), workers, and other persons at workplaces (eg visitors or customers), which aim to secure the health and safety of workers and others affected by work.

The system is a significant, foundational system for New Zealand’s economy and social wellbeing. It covers all businesses and organisations, all types of modern working arrangements, all work-related risks, and nearly all work in New Zealand.

The system provides for:

• worker engagement, participation and representation in health and safety matters
• the establishment and funding of WorkSafe New Zealand, the primary regulator
• education, engagement and enforcement by WorkSafe and the designated regulators Maritime New Zealand and the Civil Aviation Authority
• sector and risk-specific regulation (eg mining, adventure activities and major hazard facilities)
• public safety for electricity and gas and amusement devices (eg fairground rides).

It complements a wide range of other regulatory systems including hazardous substances, building, petroleum and minerals, transport safety, public health, and product safety aspects of the consumer and commercial regulatory system.

It excludes approval of hazardous substances and regulation of their environmental effects.

Objectives

The objective of the Health and Safety at Work Act 2015 is to provide for a balanced framework to secure the health and safety of workers and workplaces. A guiding principle of the Act is that workers and others should be given the highest level of protection against harm to their health, safety and welfare from work risks as is reasonably practicable.

The purpose of the Electricity and Gas Acts is to protect the public and workers and to prevent property damage from the supply and use of electricity and gas.

Government objectives for the system are set out in the Government’s Health and Safety at Work Strategy 2018-2028. The Strategy’s vision is that work is healthy and safe for everyone in New Zealand. Its goals are to focus everyone’s effort on what will make the biggest impact to reduce harm and on building capacity to do this well. Its priorities are:

• work-related health, including mental health
• businesses with greater need: sectors with highest harm and small businesses
• workers with greater need: Māori and other workers at greatest risk
• encouraging leaders at all levels to integrate health and safety
• enabling workers to be represented, engaged and to participate
• lifting capability of health and safety practitioners
• developing and sharing better data and insights to improve decision making.

The next step is to implement the Strategy and turn its vision into action. Government, sectors, businesses and communities will take steps to align their health and safety-related work with the Strategy. A Stakeholder Reference Group of key system stakeholders has been established to support a long term focus and drive momentum towards the Strategy’s vision, goals and priorities.

Health and Safety at Work Strategy 2018-2028 [PDF, 6.8 MB]

Ministerial portfolios and key statutes

Regulatory agencies and their roles

Key agencies and stakeholders

Collaboration and information-sharing between regulatory agencies

The Stakeholder Reference Group for the Health and Safety at Work Strategy comprises key system stakeholders, including relevant agencies. It:

• oversees implementation of the Strategy, and the performance of the health and safety system as a whole, and
• provides advice to the Minister for Workplace Relations and Safety on potential system-level areas for focus and better strategic coordination.

WorkSafe is the primary regulator for New Zealand’s health and safety at work system. WorkSafe’s collaboration functions, set out in the WorkSafe New Zealand Act 2013, include:

• promoting and co-ordinating the implementation of work health and safety initiatives by establishing partnerships or collaborating with other agencies
• fostering a co-operative and consultative relationship with the Environmental Protection Authority (EPA).

WorkSafe has published a Regulatory Relationships Policy, which sets out the approach WorkSafe takes to formalising the terms of regulatory relationships with designated and regulatory agencies involved in the work-related health and safety system, including sharing and providing information.

Regulatory Relationship Policy(external link)  — WorkSafe

Regulated parties and main stakeholders

Regulated parties include persons conducting a business or undertaking, officers, workers, and other persons at a workplace. Everyone involved in a business or undertaking has responsibilities for health and safety at work.

For key stakeholders, see diagram above.

Processes for engagement with regulated parties and stakeholders

The Stakeholder Reference Group, which is overseeing implementation of the Health and Safety Strategy, comprises key system stakeholders.

As part of good regulatory stewardship practice in system design and implementation:

• MBIE engages with interested regulated parties and stakeholders when identifying regulatory issues and developing regulatory proposals, and must publicly consult on all regulatory proposals on behalf of the Minister, under the Health and Safety at Work Act 2015.
• MBIE will release exposure drafts of legislation for consultation, particularly for technical regulations or where they affect a wide range of stakeholders.
• MBIE has regular meetings with the social partners - the New Zealand Council of Trade Unions and Business New Zealand.
• WorkSafe has consultation requirements when developing Safe Work Instruments and Approved Codes of Practice under the Health and Safety at Work Act 2015.
• WorkSafe engages with a range of stakeholders to improve health and safety across the system, including engaging with relevant businesses, unions and worker representatives, sector leadership groups, iwi, specialist health and safety advisors, academic experts and other government and New Zealand and international regulatory bodies when undertaking major projects.

System’s fitness-for-purpose

Date of assessment: August 2017

Learn about what we assess to determine how fit for purpose a regulatory system is and the 5 assessment ratings MBIE has developed.

Fitness-for-purpose assessment and ratings

Effectiveness

System has some issues against criteria

As significant reforms are still underway, it is too early to say if they are having the desired impact on work cultures and health and safety practices.

Result 9 Better for Business 2016 survey indicated the impacts of the regulatory changes were being felt by businesses as they adjust to the new requirements. WorkSafe has a well-developed work programme to promote effective implementation and stakeholder participation in implementation design.

Efficiency

System has some issues against criteria

WorkSafe New Zealand was established in December 2013. Worksafe’s funding was increased in 2017 to maintain its capacity to improve health and safety, as well as funding for improved health and safety capacity for Maritime NZ and the Civil Aviation Authority, as the health and safety regulators for their respective sectors.

A comprehensive evaluation plan is in place which will guide assessment of system effectiveness.

Resilience

System performing well against criteria

The system has just been reformed to reflect modern working practices and address gaps in the system. It is outcomes-based and set up well to be enduring over time. A comprehensive evaluation plan is in place to inform ongoing improvements, as will the Health and Safety at Work Strategy.

Fairness and accountability

System performing well against criteria

Information about the system is widely disseminated through a variety of channels including WorkSafe and our websites and stakeholder outreach and by key stakeholders and feedback about the quality of guidance is generally positive. Contact with key stakeholders is very regular and built into regulatory policy and design processes.