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Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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Page 1: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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Page 2: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

NEW ZEALAND HAS A PROBLEM

Every week, on average…

› 1 person dies at work

› 15 people die from work-related diseases

Each week…

› 16 loved ones don’t go home

In 2014…

› 23,327 people were severely injured at work

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Page 3: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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Page 4: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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Page 5: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

WHAT’S HAPPENING: 2013-2015

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Page 6: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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Page 7: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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Page 8: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

WHAT’S MAKING PEOPLE SICK

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Page 9: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

WHAT PEOPLE THINK AND HOW THEY FEEL

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Acknowledge the potential for harm

Mismatch between workers’ views on safety vs extent of injuries and near misses

Page 10: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

Question: Workers – How often does someone in your workplace… Employers – How often does a worker in your business...

Page 11: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

BUSTING SOME MYTHS

› If someone gets hurt, I’ll cop a fine or go to jail

› There will be LOADS of extra paperwork

› It’s expensive to comply

› Paper cuts are now a big deal

› Inspectors blitz businesses and are just the health and safety police

Page 12: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

IT’S ONLY COMMON SENSE

Common sense … is the best sense I know of: abide by

it; it will counsel you best – Philip Dormer Stanhope.

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Page 13: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

BUT….

Common sense is the collection of prejudices

acquired by age eighteen – Albert Einstein.

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Page 14: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

GOOD HEALTH AND SAFETY IS GOOD FOR BUSINESS

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Page 15: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

WORKSAFE IS….

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› Changing hearts and minds

› Changing capability

› Changing behaviour

› Changing outcomes

Page 16: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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Page 17: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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2014/15 Service Excellence Survey - Health and Safety Inspectors

Page 18: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

HOME TIME CAMPAIGN

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Page 20: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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HEALTH AND SAFETY AT WORK ACT 2015

› Changing the law is only a start

› To make a real difference, we need to change our attitudes towards Health and Safety

EVERYONE WHO GOES TO WORK SHOULD COME HOME HEALTHY AND SAFE

Page 21: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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HSWA IS A NEW WAY OF THINKING

› Ensures everyone has a role to play

› Makes everyone’s responsibilities clear

› Focuses on risk management

› Requires those who create the risk to control the risk

› Requires you to engage with workers and enable them to participate in an ongoing basis

› Allows flexibility in managing your health and safety risks

Page 22: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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SO WHERE DO YOU START?

Know your health and safety risks…

… manage them proportionately

Page 23: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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YOU NEED TO KNOW…

› What the risks are from your work

› The likelihood of those risks occurring

› The degree of harm that might result from those risks

› Options to eliminate the risks

› If they can’t be eliminated, optionsto minimise the risks

USE COMMON CONTROLS FOR COMMON RISKS

Page 24: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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HOW HSWA HELPS

Five key concepts

Page 25: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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EVERYONE HAS A ROLE TO PLAY

Page 26: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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1. BUSINESSESaka PCBUs

› PCBU – Person Conducting a Business or Undertaking –is a broad concept used to capture all types of modern working arrangements

› A business – whether commercial or non-commercial – is a PCBU.

› Note that sole traders and those self-employed are PCBUs

Page 27: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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THE BUSINESS HAS PRIMARY RESPONSIBILITYaka PCBUs and Primary Duty of Care

While working, a business must look after:

› The health and safety of workers and any other workers you influence or direct

- eg contractors, sub-contractors

› The health and safety of other people at risk from any work you carry out

- eg customers, visitors, public

Page 28: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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2. BUSINESS LEADERSaka Officers and the Duty of Due Diligence

› An Officer is a person who holds a very senior leadership position, and has the ability to significantly influencethe management of a Business or Undertaking.

› Includes:

- Directors of a company

- Partners in a partnership

- Board members

- CEO

Page 29: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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OFFICERS MUST ENSURE THE BUSINESS IS MEETING ITS H&S RESPONSIBILITIES

› Officers must do due diligence to make sure the business understands and manages its key risks. They must:

- keep up-to-date knowledge of health and safety

- understand the operations of their business

- ensure and check that their business has appropriate resources and processes for health and safety

Page 30: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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3. WORKING WITH OTHER BUSINESSESaka Overlapping Duties

› When the duties of two or more businesses overlap, they must consult, co-operate and co-ordinate activities to meet their health and safety responsibilities to workers and others.

Page 31: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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3. WORKING WITH OTHER BUSINESSESaka Overlapping Duties

› Plan ahead, think about the stages of your work and who is affected by it

› Identify the risks to be managed and together agree how to control the risks and who is best placed to do so

› Define roles, responsibilities and actions and explain these to workers and other businesses so they know what to expect

› Continue to consult, communicate, co-operate and co-ordinateincluding carrying out reasonable and proportionate monitoring to ensure health and safety is maintained

Page 32: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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› Businesses who are ‘upstream’ (eg architects, manufacturers, importers) must ensure, so far as is reasonably practicable, that the work they do or the things they provide to other workplaces don’t create health and safety risks.

HEALTH AND SAFETY IN THE SUPPLY CHAINaka Upstream Duties

Page 33: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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4. WORKERS AND OTHERS

› A worker is an individual who carries out work in any capacity for a business or undertaking.

- Employees

- Contractors/sub-contractors

- Employees of labour hire companies

- Apprentices or trainees

- People doing work experience or work trial

- Volunteer work (if paid)

Page 34: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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4. WORKERS AND OTHERS

› Others include:

- Casual volunteers

- Visitors to a workplace (eg courier drivers, clients, suppliers)

- Customers

- Any public who could come into contact with a business’ work activity

Page 35: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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WORKERS’ AND OTHERS’ RESPONSIBILITIES

› Workers and others must:

- Take reasonable care to ensure the health and safety of themselves and others in the workplace

- Follow any reasonable health and safety instructions given to them by the business

› and workers must:

- Co-operate with any reasonable business policy or procedure relating to health and safety in the workplace

Page 37: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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5. WORKER REPRESENTATION

› Any business can have a health & safety representative (HSR) or committee (HSC)

› HSRs benefit business and workers by providing:

- A clear, well known way for workers to raise issues and ideas

- A voice for workers who might not otherwise speak up about health and safety matters

- A link between workers and management

Page 38: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016

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WHAT ARE WE DOING TO HELP YOU?

Page 39: Gordon MacDonald, WorkSafe NZ - presentation at ComplyWith Unplugged, April 2016