The definition of 'serious harm' in the workplace is being revised to make the Health and Safety in Employment Act 1992 clearer. Photo / Glenn Jeffrey
The Government is changing the definition of harm in the workplace to make the law clearer.
Labour Minister Trevor Mallard said the definition of "serious harm" which sets legal obligations on employers under the Health and Safety in Employment Act 1992 would be changed.
"The new definition aims
to make the law clearer, so it will be easier for employers to understand their obligations to report worker injuries to the Department of Labour, Civil Aviation Authority or Maritime New Zealand (for the relevant sectors)," Mr Mallard said.
The proposed new definition would replace the list of conditions and circumstances with a simpler three-stage test.
The main categories would be:
* Trauma injury: physical harm arising from a single accident or event and defined by the degree of physical incapacity;
* Acute illness or injury caused by exposure to certain workplace hazards, and requiring medical treatment;
* Chronic or serious occupational illness or injury: physical or mental harm requiring hospital admission, in-patient surgery, or able to be confirmed by a specialist medical diagnosis.
The law now uses the term "temporary severe loss of bodily function" which would be replaced by "physical incapacity".
Physical incapacity would mean a person is unable to perform their normal duties for a period of seven or more calendar days.
Other illnesses and diseases would also be clarified.
Cases where people became unconscious because of the workplace environment or job and needed to get medical treatment would have to be reported.
Mr Mallard said the definition had been difficult to use.
"Because its wording is unclear, various court cases and attempts by the Department of Labour to provide guidance have failed to provide clarity.
"The proposed new definition will be clearer and more transparent for users.
"It will improve the level and quality of reporting and compliance with the Health and Safety in Employment Act generally."
The Department of Labour, together with Maritime NZ and the CAA, was notified of about 6500 occurrences of serious harm in workplaces each year.
Most reports were to the Department of Labour.
The new definition would be change through an Order in Council by the end of the year.
- NZPA
