KEY POINTS:
Bob Hill, chief adviser for safe and healthy workplaces at the Department of Labour, offers some advice about the laws around health and safety.
Q. As a boss, am I responsible for everything that happens in a workplace? Doesn't the employee also have a duty to follow the rules and avoid injury to themselves and to colleagues?
A. Employers are in a position of managerial responsibility. As such, they have the primary duty towards anyone in their employ. Their duty is to take all practicable steps to ensure any potential hazards in the workplace are properly monitored and managed. There have, however, been instances where employees have been prosecuted for breaching the HSE Act.
Q. As an employer, do I also have to manage these issues for staff who work off-site?
A. An employer is responsible for employees who work offsite and must take all practicable steps to make sure hazards are properly identified and controlled in these areas. This may mean that the employer needs to talk with other employers and contractors in other places of work to ensure that their own employee is not harmed while working there. In some instances, the employer may want to include a health and safety provision in any commercial contract they have with other parties. A number of industries have adopted measures to protect the safety of staff who work alone.
Q. What about people who drive work cars? Am I responsible for them as well?
A. Employers' responsibilities towards their employees extend to their work vehicles. Some of the things employers may need to look out for include making sure vehicles used for work purposes are roadworthy and warranted, as well as loaded and used only within their specified capabilities.
Q. Who is responsible for sub-contractors who work on my site?
A. Principals to contracts have a responsibility to take all practicable steps to make sure subcontractors and their employees are not harmed by the work they have been contracted to do. At the same time, responsibilities depend on the individual circumstances of each situation.
Q. Do I have to buy safety equipment for my members of staff?
A. Where a worksite has significant hazards, the law requires the employer to provide suitable protective equipment and/or suitable personal protective clothing at no cost to the employee. This includes gloves and safety boots, and respiratory and hearing protection devices.
Q. What if a worker sees dangerous activity? Can they shut down the workplace?
A. Employees have the right to refuse work if they believe this work could cause them serious harm. The first thing a worker should do if they see what they believe to be unsafe practices is discuss the matter with their employer. If this does not lead to a resolution, the two parties can in the first instance use free mediation services provided by the Department of Labour.
Q. Can the Department of Labour come and do free safety inspections?
A. Its role is to promote best practice, inform and support workplaces when concerns are raised, and to investigate any complaints and incidents where there might be breaches to the HSE Act. It is not the department's role to provide free safety inspections. There are private consultants who provide this service for a fee.
