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It seems that even astronauts are sometimes caught short. Apparently, astronauts on the International Space Station recently suffered a crisis of massive proportions, given their location - their only toilet broke down.
They had to wait for over a week for a new one, and even then they were lucky it wasn't longer - the shuttle Discovery was making a scheduled trip soon after the breakdown. The pump actually had to be brought from Russia, as the station's sole toilet was housed in a Russian-built module which serves as the living quarters for the three person crew.
Most people would say the least an employer can do is provide a decent loo. Employers in New Zealand are obliged by law to take all practicable steps to ensure their employees' safety, including maintaining workplace facilities for their safety and health. In practice, this means not just having a functioning toilet, but arranging for it to be cleaned and re-stocked regularly. Of course, these things are often observed in the breach - anyone who has used the toilet at a service station or local timber yard will probably not have been delighted with the standards of cleanliness.
But what about other breakdowns? Things like heating and aircon seem to be the sources of regular complaint. At one of my old employers in London (which shall remain nameless), the aircon would regularly fail in the height of the hopelessly humid London summer, and the only excuse offered was that the temperature was too hot for the system! Not a reply which impressed the staff, although of course that didn't make much difference.
The good news is that there are ways of forcing errant employers to do something about health and safety. Failing to provide a safe and healthy workplace is a breach of the employer's legal obligations, and depending on the seriousness of the situation, legal action may be possible. This does not include most claims arising out of a personal injury, which in New Zealand are covered by ACC.
Another option is to complain to a health and safety inspector employed by the Department of Labour. Such inspectors can enter a workplace with no notice to the employer, provided the time is reasonable. They have wide powers of inspection, including the ability to conduct tests, take samples, and require the employer or any other person to provide documents and information.
They can also issue prohibition, improvement or infringement notices, and in serious cases prosecute through the courts. Probably not for a broken toilet though.
Greg Cain
Greg Cain is an employment lawyer at Minter Ellison Rudd Watts.
