Lindsey Marshall: Law aims to improve work safety

In the first eight weeks of 2016 there were 22 reported serious harm injuries in Hawke's Bay alone.

There has been much talk in the past 12 months about the April launch of the 2015 - Health and Safety at Work Act.

The truth of the matter is that Health and Safety legislation is nothing new, in fact there has always been a duty of care for Employers and Business Owners to look after their employees under the HSE Act of 1992. Health and Safety compliance is not just another administrative task - it is about keeping people safe!

It shocks me (and I hope it shocks you!) that our serious harm and workplace fatalities as reported by WorkSafe NZ, place New Zealand at the bottom of the developed world in terms of our safety record.

Again, it is shocking that in the first eight weeks of 2016 there are 22 reported serious harm injuries in Hawke's Bay alone. Those are just the reported cases. Plus, there have been several workplace deaths, two on quad bikes alone. If you take out statutory days and weekends, that means we are killing or maiming someone almost daily in Hawke's Bay.

So what is causing all the injury? How can we fix the problem?

My personal belief is proper training will go a long way. There are many of us who have grown up around technology and have learned how to use it by watching others. Unfortunately, the old "learn on the job" training systems of yesteryear just pass down incorrect and potentially unsafe use of tools - if the first role model was not properly trained.

The truth is there will always be idiots - I heard a story about a quad bike accident. This person had been trained in the safe use of the technology but chose to ride the quad bike, diagonally down a 45 degree slope while riding it side-saddle on the downhill side of the vehicle. You don't have to be a genius to figure out what happened next.

So what has actually changed in the new legislation?

Well, it is about accountability, awareness, responsible work practices, and proof that you have fulfilled your duty of care.

In a situation like the case above, the onus will be on the business owner and manager to prove this individual received training in the safe operation of the vehicle.

Are you prepared? How quickly could you provide evidence to WorkSafe NZ that he or she was properly trained?

It is time for action, which is why I have arranged The Essential Health and Safety Forum at the HB Business Hub this Friday, March 18. I have invited experts in their respective fields to come and advise you on how best reach compliance.

I posed our experts the following question: "What is the most significant thing about the new legislation and why does it demand more than a tick the box approach?"

Kimberly McKay HR manager for BDO Accounting said: "The new legislation aims to create an environment that will remove complacency around health and safety from New Zealand workplaces. The duties of business owners, directors and workers are more stringent and liabilities for non-compliance more severe. The intention is that all parties get serious and proactive about safety. A "she'll be right" approach isn't good enough and it can't all be left to the health and safety officer. Safety at work requires constant vigilance, commitment from the top and active involvement of workers. Robust systems and procedures are important but they need to be part of a safety culture to be effective. We know that managers and employees focus their energy on doing what is monitored and measured. There needs to be continuous and genuine messages from business owners that OSH matters and that, just like other aspects of performance, we will measure it, report on it, reward good practice and take action for poor performance."

Gordon Anderson from Hasmate answers the question this way ... "Over the past 12 months, there has been a lot of comment about the why and what has to change in health and safety in New Zealand, who will be responsible, when it will change, but very little about how to make the changes to assist businesses to meet these pending changes.

A dilemma that has faced many businesses since 1992 is that the H&S legislation is non-prescriptive - it sets out what you have to do, but not how to do it. Even though the pending legislation is more prescriptive, it may well have the same issue and many businesses will be asking themselves: where do I start?

As part of these changes, different terminology is now becoming prevalent in H&S speak, such as words and acronyms like "PCBU", "officers", "duty of care" and "due diligence". Proof of compliance means evidence of due diligence, and this will mean the ability of the business to provide its H&S records in either hard copy or electronic format, quickly."

Be sure you attend this free forum at the business hub, to hear from the experts about the law, creating a safety culture, compliance record keeping and rapid training compliance.

- Lindsey Marshall is an internationally known trainer and facilitator, now residing in Hawke's Bay. With distribution rights for the Vocam online safety training, Lindsey through Business Health Safety provides organisations with a solution to their health and safety training compliance.

- Views expressed here are the writer's opinion and not the newspaper's. Email: editor@hbtoday.co.nz