New legislation for health and safety is being made more practical, says BusinessNZ.

Changes to the Health and Safety Reform Bill announced today will help small businesses, farmers and others provide safer workplaces, BusinessNZ Chief Executive Phil O’Reilly said.

The Bill had been delayed over concerns including the workability of the law in workplaces where non-employees are present, and over compliance issues for small businesses required to have worker participation processes.

The draft legislation continues to require those controlling a workplace to do everything reasonably practicable to keep it safe.

However, among other areas, it now clarifies that:

• The area where work is being undertaken on a farm will be categorised as a workplace, while areas where work is not being undertaken will not be categorised as a workplace. This addresses the concern of farmers being liable for e.g. hunters or trampers present in non-working areas of a farm.
• Small businesses with fewer than 20 employees, in lower risk occupations, will still be required to have a worker participation system but will not have to have safety reps unless requested by 5 or more employees.
Mr O’Reilly said the amended provisions helped address concerns about unfair liability and compliance for small business.

“The new draft Bill also makes clearer the issue of control over a workplace. The ‘person conducting a business or undertaking’ (PCBU), with the primary duty for safety under the new law, will usually be a business entity, such as a company, but may be an individual in the cases of sole trader or self-employed person. This makes it clearer where the primary duty for safety is.

“The new Bill also responds to concerns about the weight of penalties where an accident results in death, with provision for guidance to courts requiring them to consider this serious charge when sentencing.

“It is positive that the new legislation has been drafted from a sound base and has been further improved in responding to issues raised by business.

“Before this Bill goes to a vote in Parliament it will be important that the Government works with those who expressed concerns to ensure that the new Bill does properly address these.

“It will also be important for WorkSafe to work with business in a non-bureaucratic way to put in place systems to ensure business can actually comply with the new rules.”