Governance and the role of the regulator in health and safety

The Public Sector Conference5 September 2013Rutherford House, Pipitea CampusPresentation by Hazel Armstrong

The 1984 Labour Cabinet

1990 - a National Govt

The 2008 National Cabinet

Catastrophic failures• Rail safety – the Tranz Rail Inquiry 2000• Mine Safety – the Pike River Tragedy 2010• New Zealand’s poor health and safety record, when compared

internationally.• Lessons learnt:• Poor leadership by Government from 1980’s• A hands off regulator• A system which left employers to set standards• A lack of will by the regulator to enforce standards• A failure by government agencies to support worker participation• Insufficient funding to support an effective regulator

The Objective that Govt wants us achieve in health and safety

A 25% reduction in serious workplace injuries by 2020

• By 2016 a 10% reduction• By 2016 a 10% reduction in work related ACC claims for more

than one week away from work

• Working Safer – A blueprint for health and safety at work

How the Govt intends to achieve the objective?

• Major reform is being proposed• A new stand alone Crown Agency is being formed –

WorkSafe New Zealand• New legislation- The Health and Safety at Work Act• A new strategy• Increased funding to support the reform• A determination that ACC, WorkSafe and MBIE will

work together and in partnership with stakeholders • Government will have a bigger role in supporting and

enforcing worker participation at all levels in the system

The role of Government Agencies

• MBIE will continue to have a leadership role for general policy and system wide advice to government on health and safety at work• MBIE will lead the development of the new Act

and regulations.

WorkSafe New Zealand

• A new stand alone Crown entity with a sole focus on workplace health and safety, by December 2013(not part of MBIE)• WorkSafe administers the Act.• Govt has said that WorkSafe’s role will be to enforce

compliance with the workplace legislation; develop codes of practice; foster co-operative consultative relationships between duty holders, workers and their representatives• ACC and WorkSafe will develop a partnership agreement

and ‘share’ a Board member• The Board will include the workers’ perspective

Worker participation and tripartism

The Taskforce has recommended that the Government implements and enhances increased worker participation at all levels of the system• At Board level• In advisory groups• In standard setting• Developing and reviewing safety cases • In the workplace

What is tripartism?• Tripartism involves the government regulator, employers and

unions working together to improve health and safety outcomes. (The Taskforce Report)

• Tripartism is reflected in engagement between Government and peak representatives of workers and employers.

• The Royal Commission into the Pike River Coal Mine Tragedy found a key reason for the regulator being ineffective was that it had no “shared responsibility at governance level, including the absence of an active tripartite body”.

• The Robens model of health and safety needs to be done on a tripartite basis, with the representatives of employers and workers actively engaged in the development of regulations, codes of practice and guidance material

Why tripartism?• It would meet New Zealand’s obligations under ILO

Convention 155• Representatives of workers bring direct experience of the

workplace• It is workers who are being harmed• It acts as a check and balance in the work of the regulator• It develops mutual understanding and engagement between

the parties

What would tripartism look like?

• At Board level• Independent non executive chair• 2 CTU representatives on the Board• 2 representatives of business• 1 member representing iwi• 3 specialists with expertise in health and safety

• Legislation would provide for this

A joint injury prevention plan is needed to support worker participation

• High risk groups identified by Govt include:• Forestry, construction, manufacturing and

agriculture, and “hard to reach” workers

A joint injury prevention plan is needed to support worker participation

• The Govt objective of health and safety rep training is to: • Improve worker participation• Involve all workers (not just employees)• Encourage workers to speak up about what is not working and

offer suggestions• Increase the understanding of the power of the health and safety

rep which will include directing unsafe work to cease, issuing provisional improvement notices

• Enable participation in consultation and committee processes• Create more connections between inspectors and health and

safety representatives

How can we meet Govt’s objectives?Enabling the workers perspective

• Enabling participation – time off work• Co-ordination of the worker representatives• Right of access to “hard to reach workers” to consult about

hazards/risks• Training of worker representatives• resources

How can we meet the Govt’s objectives?

Training• Staged education for health and safety representatives - linked

in to NZQA levels 1-6• New stage 4 training to enable health and safety

representatives to participate in standard setting, industry advisory groups, safety case development and review, fully funded by Govt/ACC

• New stage 5 training for health and safety representatives to be involved in the development of the strategy, fully funded by Govt/ACC

• A pathway to the level 6 NZQA Diploma in Occupational Health and Safety

Challenges ahead for Government agencies to meet objectives

• “success requires Government, businesses and workers to work collaboratively to drive solutions” • “success requires breaking down the “us and

them” barriers in order for everyone to recognise their shared purpose”

Hon Simon Bridges Minister of Labour

Challenges ahead for Government agencies• “ all influential stakeholders need to step up and be

accountable for workplace health and safety”• Independent Taskforce

• “Government is committed to working with businesses and workers to implement a comprehensive package of system wide changes.”

• “Collective action and shared responsibilities throughout the system – by workers, business and government – will be needed to ensure success of the new health and safety system.”• Working Safer – a blueprint for health and safety

Conclusion

• A new way of thinking• Govt agencies must work together•Workers and their representatives must be

involved at all levels