7th Quad Bike Death This Year

Image © Copyright Miss Steel and licensed for reuse
under this Creative Commons Licence.

A farm worker was killed when the Quad Bike he was driving overturned and rolled into a pond on Sunday 12 October 2014. This brings the number of Quad Bike-related deaths this year to seven. Four people were killed in 2013, and on average five are killed every year. This news article lists each of the deaths in the last 24 months.

People using Quad Bikes should assess whether a Quad Bike really is the best vehicle for the job, and review the safety of all areas where the Quad Bike might be used. Employers should identify hazardous areas and clearly communicate to employees and contractors where it is safe to use Quad Bikes and where it is not. "No go" areas should be clearly identified. Employers should also ensure that riders are competent and bikes are not overloaded. Single-person bikes should not be used to transport passengers.

For further information, contact us or download the Worksafe Guidelines for the safe use of Quad Bikes.

Reduce Your ACC Costs

Every business in New Zealand that pays salary or wages of any kind must pay Accident Compensation Corporation (ACC) levies. ASMS/Enduro can help you reduce your ACC levies through effective preparation for an ACC audit.

ACC offers two programmes that can help companies reduce their ACC levies:

• The Workplace Safety Management Practices (WSMP) programme offers discounts of 10%, 15%, or 20% for employers that meet the requirements of the WSMP audit standard. Once approved the discount applies for 24 months.
• The Workplace Safety Discount (WSD) programme provides a 10% discount on ACC work cover levies for small businesses with 10 or less employees. Once approved the discount applies for three years.

Both programmes are focussed on the presence of effective health and safety management systems and practices.

To obtain the reduction in levies you must complete a self-assessment, apply to ACC, and select either an ACC internal auditor (free of charge) or an approved external auditor (costs paid by the applicant). The “catch” is that once you have had an audit, you cannot reapply for another 12 months. If you fail the audit the first time around you have to wait the full 12 months even if it only takes only 6 weeks to correct the deficiencies.

ASMS/Enduro Safety personnel can conduct a pre-audit for you, identifying any shortfalls in your current systems and providing recommendations on the changes required. We can work with you to make the changes, prepare the ACC self-assessment, and prepare the evidence folder for the ACC audit. The application can then be lodged with ACC and a free ACC audit obtained.

To enquire about obtaining an ACC pre-audit, or other information on our services, please contact us.

New Health & Safety Guideline for SMEs

Business New Zealand has today released a new health & safety guideline for small and medium sized enterprises. Sponsored by WorkSafe and the New Zealand Institute of Directors, the guide provides a high level overview of responsibilities and some good ideas for getting started. The guideline, Health & Safety Leadership: A guide for small to medium business owners and company directors, can be downloaded here.

In our view, while the guide might serve to provide motivation to get something done, there's no better place to start than the ACC Workplace Safety Discount (WSD) scheme. The WSD scheme provides a 10% discount on ACC work cover levies for small businesses with 10 or less employees.

The application forms on the WSD Information Page detail the information required by ACC. Once you have those documents and processes in place then you will have the basis of a working health & safety system. The guides on the WSD Information Page provide further information on how to meet the requirements of the scheme (such as hazard identification). You can complete these yourself, or contact us to let us know how we can help.

Workplace Health & Safety Reforms Announced

The government has announced its reform package for workplace health & safety. In this post we outline the key features of the reform package, with particular attention to the new concept of a Person Conducting a Business or Undertaking, the positive duty of due diligence on those with a governance role, and exceptions to the due diligence duty.

The press release from Labour Minister Simon Bridges summarises the reform package as including:¹

• “an overhaul of the law, supported by clear, consistent guidelines and information for business on their requirements;
• more funding for WorkSafe New Zealand to strengthen enforcement and education and implement the changes;
• a focus on high risk areas;
• stronger focus on occupational harm and hazardous substances;
• better coordination between government agencies;
• improved worker participation;
• stronger penalties, enforcement tools and court powers.”

New Act and Regulations

Under the reforms, the current Health and Safety in Employment Act will be replaced by the new Health and Safety at Work Bill. This Bill will be modelled on Australian legislation and will be introduced into Parliament in December 2013. MBIE states that “The new law and key supporting regulations are expected to start coming into force from the end of 2014."²

Person Conducting a Business or Undertaking

Under the new legislation, the separate obligations for employers, principals to a contract, and persons in control of a place of work will be replaced by clearer obligations on a “Person Conducting a Business or Undertaking” (PCBU). There will be:²

• “a clearer test to determine what is a ‘reasonably practicable’ action for PCBUs to take, given risk and other circumstances;
• a positive due diligence duty so that those with governance roles in firms and organisations [i.e. directors and chief executives] must actively manage workplace health and safety, and will face consequences if they fail to perform their duties; and
• a modified penalties structure."

Exceptions in the Due Diligence Regime

The question and answer document released with the reform package notes an important exemption from the due diligence regime: anyone acting on a voluntary basis who receives only out-of-pocket expenses is excluded from the due diligence duty. “As a result, members of a school board of trustees will not have a due diligence duty, nor would an unpaid director of a company.”⁴

The due diligence duty is also exercised on an individual basis and not collectively. This means that “If the officer exercises due diligence, they cannot be liable regardless of the conduct of the PCBU or other officers.”⁵

To Find Out More

To read more about the reform package, visit the Ministry of Business, Innovation and Employment webpage at http://www.mbie.govt.nz/what-we-do/workplace-health-and-safety-reform.

If any of these reforms are of concern, or you would like to understand more about how the reforms might affect you, please contact us.


Endnotes
[1] Simon Bridges “Major reform of workplace health and safety”, press release, 7 August 2013. Available online at http://www.beehive.govt.nz/release/major-reform-workplace-health-and-safety
[2] MBIE health and safety reform webpage http://www.mbie.govt.nz/what-we-do/workplace-health-and-safety-reform
[3] Working Safer: A blueprint for health & safety at work, August 2013, p. 15. This document can be downloaded from the MBIE webpage listed above.
[4] "Questions and Answers", undated, page 3. This document can be downloaded from Simon Bridges' online press release and from the MBIE webpage.
[5] See 4 above.

Clean Bill of Health for Double Rainbow

Enduro Safety is pleased to announce that it has issued a “clean bill of health” for the Management and Safety Plan for the inaugural UltrAspire Double Rainbow Trail Run, including 42km marathon, 24km, and 16km events. The Double Rainbow Trail Run is organised and managed by Lactic Turkey Events.

Enduro Safety audited the Management and Safety Plan against the draft audit standard issued under the Adventure Activity Regulations. The Double Rainbow Trail Run is not an adventure activity as defined in the Regulations, but by virtue of the event being held outdoors in wilderness and forest areas, the standard provides an appropriate basis for audit.

In all material respects the Plans conform with the draft audit standard. In particular, the Plans provides a very high standard of hazard identification and emergency preparedness. Procedures are in place for response to emergencies (including medical, fire, and search and rescue procedures for lost/missing participants), and for the reporting, management and review of incidents.

Heather and Andrew of Enduro Safety also said that they are looking forward to participating in the 16km event. Heather commented that she is looking forward to seeing the new event in operation, knowing that there is such a good plan in place.

Ultra Run Receives a “Clean Bill of Health”

Heather Andrews runs past Lake Okareka
during the 2012 Vibram Tarawera Ultramarathon
Photo: Emma Andrews

Enduro Safety is pleased to announce that it has issued a “clean bill of health” for the Management and Safety Plan for the 2013 Vibram Tarawera Ultramarathon.

Enduro Safety audited the Management and Safety Plan against the draft audit standard issued under the Adventure Activity Regulations. The ultramarathon is not an adventure activity as defined in the Regulations, but by virtue of the event being held outdoors in wilderness and forest areas, the standard provides an appropriate basis for audit.

The Management and Safety Plan conforms with the draft audit standard in all material respects. We further consider that the plan provides a very high standard of hazard identification and emergency preparedness, and that an excellent process of review has been demonstrated by the Race Director, Paul Charteris.

Enduro Safety also reviewed the Management and Safety Plan against the recommendations arising from the Inquiry into the 2011 Kimberley Ultramarathon disaster, conducted by the Parliament of Western Australia. In that event, a number of runners were severely burned after becoming trapped by fire in a narrow, rocky gorge during the race.

The emergency plan included in the Management and Safety Plan conforms to these recommendations and represents best practice for this type of event.

Charteris added, “The Kimberley tragedy has changed the game for ultra-endurance events. It’s not enough to just have a safety and management plan in place. An endurance event as physically testing as the Tarawera ultramarathon, which covers rugged terrain in inaccessible places, needs a massive support team of experienced professionals and pre-event testing of communications equipment.”

The Rotorua to Kawerau offroad run will take place on 16 March with 430 athletes from 20 countries taking part.


Andrew Shelley and Heather Andrews
Enduro Safety

About Enduro Safety
Enduro Safety (http://www.asms.co.nz/enduro) conducts safety audits and advises clients on safety risk management in a wide range of industries. The Principals of Enduro Safety are Accredited Safety Auditors with the New Zealand Safety Council and are experienced ultramarathon runners.

About the Tarawera Ultramarathon
The Tarawera Ultramarathon (http://www.taraweraultra.co.nz) is a 100km, 85km or 60km trail ultra-distance run from Rotorua to Kawerau, New Zealand. Along the way runners pass through exotic forestry, native bush, lakes, waterfalls, and follow the beautiful Tarawera River. Most of the run is on single-track trails or forestry roads. Runners can compete as a solo athlete or in a relay team.

The Cost of Health & Safety Breaches

The Department of Labour publishes statistics on health and safety prosecutions, starting at 2006. The chart below shows the average fines and reparations per charge for each year from 2006 to 2011. Data for 2012 is not yet available.

Prior to 2008, the average fine + reparation was just $18,500. From 2008 onwards, the average has been approximately $44,200. The clear step change appears to be the result of a combination of a change in the maximum penalties available under the law and a successful appeal by the Department of Labour.

Another notable feature from the chart is that average fines steadily increased from approximately $5,600 in 2006 to approximately $28,900 in 2010.

The true cost to a business of a health and safety conviction is much higher than these figures. A single prosecution may include multiple charges: the figures shown in the chart are per convicted charge. In addition there are: the legal fees involved in a defence - which could start at around $20,000; the lost productivity from the accident; and the lost productivity from the staff and management involved in the defence.

Could your business withstand a $60,000 cash flow "hit"? Make sure you have your Health & Safety systems in place and integrated into your standard operations. Please contact us to discuss how we can help.

NZ Workplace Safety a National Disgrace

A headline in today's NZ Herald reads "NZ workplace safety a 'national disgrace' - consultant". The consultant in question is not from Enduro Safety, but we whole-heartedly agree with the message: health and safety is often non-existent in small and medium enterprises, and this situation must change.

Systems do not need to be onerous and excessively time consuming. Health and Safety can become an integral part of the way that work is done. If you need assistance with any Health & Safety matters, or even to work out what assistance you might need, please contact us. We can help with accident registers and procedures, emergency procedures, hazard registers, easy-to-apply risk management tools, and audits.

Pike River report has implications for wider Health & Safety

The final report of the Royal Commission on the Pike River Coal Mine Tragedy was publicly released on 5 November 2012. While many of the report's 16 recommendations are naturally focussed on Health & Safety in mining, four of the recommendations have much wider application:

• Recommendation 1: To improve New Zealand’s poor record in health and safety, a new Crown agent focusing solely on health and safety should be established.
• Recommendation 5: The statutory responsibilities of directors for health and safety in the workplace should be reviewed to better reflect their governance responsibilities.
• Recommendation 6: The health and safety regulator should issue an approved code of practice to guide directors on how good governance practices can be used to manage health and safety risks.
• Recommendation 7: Directors should rigorously review and monitor their organisation’s compliance with health and safety law and best practice.

Coming on top of the Independent Taskforce on Workplace Health & Safety, it seems likely that there will indeed be a shake-up of Health & Safety regulation in the coming months. The Government has set a target of reducing workplace deaths and injuries by 25% by the year 2020. This will not be achieved by doing nothing, and it seems likely that we will see a new Crown Agency responsible for Occupational Safety & Health matters, with potentially increased focus on workplace audits.

Talk to Enduro Safety if you need further advice on Health & Safety issues. We can advise on the most suitable course of action for your business, and provide advice on the link between good governance and Health & Safety.

Enduro Safety approved to audit DOC Safety Plans

The Department of Conservation (DOC) has recently expanded the criteria establishing who is qualified to audit concessionaire safety plans. Previously DOC specified a list with just three organisations, severely restricting the options available to concessionaires and event organisers.

Enduro Safety personnel are Accredited Safety Auditors and Certified Professional Members of the New Zealand Safety Council. As such they are approved by the Department of Labour under the Health and Safety in Employment (Adventure Activities) Regulations 2011.

This means that Enduro Safety personnel are now able to both write and audit safety plans for all activities that take part on DOC land. Please contact us to discuss how we can assist with your Safety Management Plan requirements.