"Snap closures" of buildings are becoming more common, partly because both the private and public sectors have been taking a cautious approach to health and safety obligations.
This is despite WorkSafe New Zealand issuing a policy clarification in 2018 on dealing with earthquake-related risks.
"If a building is found to be earthquake-prone, this doesn't necessarily mean it shouldn't be occupied", it said.
But Ministry of Business Innovation and Employment (MBIE) officials say that clarification has not mitigated conservative interpretations of the Health and Safety at Work Act because it is yet to be legally tested.
Building and Construction Minister Megan Woods confirmed the closure of buildings in Wellington, including the central library, highlighted the need to bring forward this guidance.
It was scheduled to be released at the end of this year, but MBIE officials said it could be ready to go as soon as July.
Building and Construction Minister Megan Woods. Photo / Mark Mitchell
When it was released, the guidance said most buildings with low earthquake ratings were not imminently dangerous. It said they could remain occupied while seismic remediation work was planned, funded, and undertaken.
MBIE officials identified a lack of clarity around health and safety requirements as one of the problems driving decisions to vacate buildings.
Under the Act, "Persons Conducting a Business or Undertaking" (PCBU) must do what is reasonably practicable to eliminate or minimise any risks regarding the building they work in.
However, there is no case law regarding how the Act applies to the seismic safety of buildings and it's unclear how WorkSafe will examine liability should someone be harmed in a workplace during an earthquake, officials said.
"As a result, PCBUs may be taking an overly cautious approach to decisions on how to manage a building's seismic risk to limit liability concerns."
A decision was also made for WorkSafe to recognise the new guidance around occupying buildings with low seismic ratings as "good practice to follow" in order to meet health and safety obligations.
"This recognition will help mitigate concerns about how seismic risks to buildings should be managed," MBIE officials said.
Wellington's central library is closed for earthquake strengthening. Photo / Mark Mitchell
A WorkSafe New Zealand spokesperson said case law was only one method of providing clarity about what was expected under the law.
"WorkSafe's policy clarification is also a clear expression of our expectations as a regulator. Despite this clarity, building owners and occupants are free to take a more cautious approach for their own reasons."
The spokesperson confirmed WorkSafe has recognised the MBIE guidance as good practice, as outlined on its website.
"We have no further plans to update our policy clarification, which we feel is clear and works in tandem with MBIE's guidance."
Asked whether this went far enough, Woods said there has been good feedback on the new guidance.
Each individual situation will need to be worked through with building owners taking advice from their engineer, Woods said.
MBIE continued to work with WorkSafe to ensure advice to building owners and tenants was clear, she said.
Asked whether she expected the guidance would reduce "snap closures", Woods said it would help building owners and users make informed decisions about continued occupancy.
"The guidance also provides the tools and language for engineers and their clients to discuss seismic assessments and what these mean for building performance in an earthquake."
