Industrial Safety News: Summer 2023/24

Summer 2023/24

CALLS TO BAN KILLER STONE

Fair Pay Agreements out, 90-Day Trials in

SUMMER 2023/24

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SUMMER 2023/24

Contents 4

WorkSafe charges new boss to implement strategic review

5

Slimmed down operation won’t help lower appalling death rates

7

Navigating trends & challenges in workplace health & safety

10

Return of the 90-day trial: what you need to know High-silica stone banned by only national fabricator Safe Work Australia supports call to ban of engineered stone Working in Summer

8 10 12 14 16 19 20 22 23 24 26 28 32 34

Never, ever, trust railway crossing signals Growing petition to keep Fair Pay Agreements No better investment than chemical safety training Restrictions around supply of hazardous substances We beat Aussies hands-down on workplace deaths Industry leader in soft fall protection on construction sites Ensuring adequate respiratory protection Hard work gets results How to achieve a good work-life balance at home Funding and financing New Zealand’s infrastructure challenges Motivation moves mountains

36

Your responsibilities as a PCBU

41

Chemical safety relies on meaningful cooperation

Editor Michael Curreen +64 21 029 20234

Publisher Mike Bishara +64 27 564 7779

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Graphic Designer Rachel Loo

Administration Manager Anita Feria +64 27 444 1573

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Published by Media Solutions Ltd PO Box 503, Whangaparaoa Auckland 0943 09 428 7456

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Daily news updates online

Original material published online and in this magazine is copyright, but may be reproduced providing permission is obtained from the editor and acknowledgement given to Media Solutions. Opinions expressed are those of the authors and may not necessarily be those of Media Solutions Ltd. ISSN 2624-0572 (Print) ISSN 2624-0580 (Online)

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3

SUMMER 2023/24

W

orkSafe New Zealand Board Chair Jennifer Kerr has announced the appointment of Steve Haszard as the organisation’s next Chief Executive.

Haszard started with WorkSafe on Monday October 9 for a term of up to 18 months.

“Following the decision of current Chief Executive Phil Parkes to move on by the end of 2023, the WorkSafe Board moved quickly on a succession plan to enable an effective transition and to bring certainty of leadership,” Kerr says.

“Steve brings strengths in regulatory practice, organisational change, and strategy development and execution. His leadership experience will provide clarity for WorkSafe’s staff and system partners throughout this period of change.

“Steve’s immediate priorities will be to lead WorkSafe through its organisational change process, drive the articulation of our strategy and implement the response to the Strategic Baseline Review.”

Parkes has moved into the role of Strategic Advisor to the Chief Executive to support the transition period and will continue to lead several key projects which underpin WorkSafe’s core regulatory functions until he finishes by the end of 2023.

“The organisation will continue to benefit from Mr Parkes’ experience, institutional knowledge and strong relationships within the health and safety system.

“Phil has led WorkSafe through some challenging times including Whakaari and COVID-19 while contributing to healthier and safer outcomes for New Zealanders,” says Kerr.

“Phil has been a strong 4

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WorkSafe charges new boss to implement strategic review Following the resignation of Phil Parkes as WorkSafe Chief Executive and a looming proposal to cut up to 120 staff, Steve Haszard has taken up the top job voice for the need to collectively prioritise health and safety.

“It has been clear to me in interactions I have had, particularly with system partners, that Phil’s commitment and passionate and articulate advocacy for health and safety is highly respected.

“Phil has been with WorkSafe for almost nine years and believes the time is right for his next chapter, and for new leadership and thinking for the organisation. I thank him for his service.”

WorkSafe is currently implementing the recommendations of the Strategic Baseline Review to streamline its activities and

refocus on core functions.

As part of this process, WorkSafe is consulting with staff on a change proposal, which it says prioritises front line and core roles and focuses non-personnel savings over role reductions.

When the organisational change has been completed and the recommendations of the Review implemented, WorkSafe says it will be in a better position to build our investment case for sustainable funding.

Phil Parkes will continue as Chief Executive while the organisation works through the change process and plans to finish up with WorkSafe by the end of 2023.

“It’s been a privilege to

have worked with such a dedicated team who are committed to reduce work-related harm across Aotearoa. I acknowledge all WorkSafe kaimahi, and our partners in the health and safety system for their commitment to making a difference.”

“Thanks to the organisations and workers who put people first, and the mahi of talented, dedicated people in WorkSafe, we’ve seen work related fatalities in Aotearoa reduce since 2013.

But there is more to do. We all need to keep doing everything we can to improve health, safety and equitable outcomes across Aotearoa.”

SUMMER 2023/24

Slimmed down operation won’t help lower appalling death rates It beggars belief that WorkSafe will do a better job with such a significant decrease to staffing resource, New Zealand Council of Trade Unions (NZCTU) Secretary Melissa Ansell-Bridges says

A

xing 113 jobs at the health and safety regulator isn’t the right decision for the health and safety system in New Zealand.

Maintaining the level of inspectors is important but that is only one of WorkSafe’s core functions and their ability to be an effective inspectorate is supported by other important functions in the organisation which are now being lost.

A slimmed down WorkSafe means it will not be able to do the same job of keeping working people safe at work, having direct consequences for businesses and communities.

Our track record of workplace deaths and injuries is already not something to be proud of.

71 workers didn’t return home from work between June 2022 and June 2023.

That represents 71 parents, children, friends and whānau members that were killed on the job in New Zealand workplaces. 71 families and communities devastated by these deaths.

A further 750 – 900 workers died during this period from the impact of work-related occupational diseases such as asbestosis and cancers.

This means that on aver-

age, one worker is being killed every week at work, and each week between 15-18 workers on average will die from health-related impacts of their work.

It is difficult to comprehend how further slashing WorkSafe will improve this alarming picture. The data speaks for itself, more resource is needed, not less.

The NZCTU will continue to advocate for WorkSafe to be properly resourced and calls on the incoming Government to provide WorkSafe with sufficient resources to meet all its legislative functions. Failure to do this puts working peoples’ lives at risk.

WorkSafe New Zealand has made decisions in relation to its organisational change which was announced on 21 September 2023. This change supports WorkSafe’s move to a more sustainable operating model and focuses on the core functions required of it as Aotearoa New Zealand’s health and safety regulator.

As part of ongoing funding discussions, in 2021 the former Minister for Workplace Relations and Safety commissioned the Strategic Baseline Review. The Review found that while WorkSafe is performing its core regulatory functions, work was needed to achieve a more sustainable funding model and greater clarity about

the outcomes WorkSafe delivered in its role within the country’s health and safety regulatory system.

Implementing the Review recommendations continues to be a priority for WorkSafe.

While reducing non-personnel costs was prioritised, there was still a need to reduce personnel costs. The final design includes a number of roles being disestablished and some new roles being established. Overall roles within WorkSafe will reduce by 113 through these confirmed decisions. There have been no reductions in inspector or investigator roles, and it remains our intention to grow those numbers over time. safetynews.co.nz

5

SUMMER 2023/24

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Navigating trends & challenges in workplace health & safety

The National Health & Safety Leaders’ Summit, set to unfold in 2024, promises a dynamic exploration of the latest developments, trends, and challenges in the ever-evolving landscape of workplace health and safety.

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n the Plenary Day One of the Summit, an impressive lineup of speakers is poised to deliver critical insights and practical strategies to safety leaders navigating the complexities of their roles.

Exploring the Evolving Health & Safety Environment Kicking off the summit, Robyn Bennett, President of the New Zealand Institute of Safety Management, will spearhead discussions on the latest trends in health & safety management.

From changing market conditions to economic shifts and workplace trends, Bennett will shed light on how these factors impact safety leaders.

Emphasizing a redefined business ecosystem with a focus on worker safety and wellbeing, she will draw lessons from recent highprofile workplace health and safety challenges.

Keynote on Adapting to Change and Delivering Outcomes Following Bennett, Steve Haszard, Chief Executive of WorkSafe, will deliver a keynote addressing

organizational change and expected responses within the health & safety sector. He will delve into the impact of WorkSafe’s new strategy on safety leaders and elucidate how performance measurement mechanisms will shape the sector's future.

Driving Cultural Transformation Christian Hunt, Founder of Human Risk Ltd, brings an international perspective to the summit.

His keynote will explore driving transformation in organizational culture to embed safety. By delving into the interface of culture, human factors, and behavioural science, Hunt aims to provide actionable strategies for fostering continuous improvement in safety culture.

Engaging Leadership and Front-Line Teams in Culture Change Derek Toner, Director of Engaging Solutions, will share insights on driving culture change by engaging with leadership and front-line teams.

Toner will emphasize the pivotal role of visibility in culture change and the responsibilities of safety

leaders in co-designing safer working practices.

Māori Health & Safety Framework: A Cultural-Centric Approach Moira Loach, Senior Health & Safety Advisor, and Jodhi Warwick-Ponga, Board Trustee, will introduce the Haumaru Tāngata (Māori Health & Safety) Framework. Addressing the overrepresentation of Māori in workplace statistics, they will outline the framework’s components and application in workplace health & safety initiatives.

Legal Landscape, Compliance, and Case Studies Grant Nicholson, Partner at Anthony Harper, will discuss the evolving legal landscape of health & safety in New Zealand, highlighting recent legislation, regulatory changes, and court cases.

The summit will also feature a panel discussion on the role of health & safety leaders in critical incidents, and insights from Women In Safety Excellence NZ on shaping the future of health & safety.

In essence, the National

Health & Safety Leaders’ Summit promises a comprehensive journey through the nuances of health and safety leadership, providing attendees with actionable insights and strategies to enhance workplace safety and wellbeing.

Attendees can tailor their conference experience with Day Two Streams For safety leaders traversing the dynamic intersection of technology and safety you can attend Stream A which will focus on emerging technologies; including trends that leverage AI to enhance safety through virtual reality.

Wellbeing at work is on the radar for many organisations and Stream B will delve into topics ranging from psychological health and safety obligations to preventing worker burnout and promoting resilience at work.

The event will be held on 19-20 March at the Ellerslie Events Centre in Auckland and you can view the programme at brightstar. co.nz/safety

safetynews.co.nz

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SUMMER 2023/24

High-silica stone banned by only national fabricator In its ongoing fight against silicosis, New Zealand’s largest and only national stone benchtop fabricator is banning engineered stone that contains more than 40 percent silica

A

GB Stone will phase out high-silica slabs and cease working with suppliers who cannot meet the company’s standards, calling on the rest of the industry to follow suit.

Owners Cam and Christine Paranthoiene see themselves as longtime advocates for safe work practices, having introduced proprietary processes, invested millions 8

safetynews.co.nz

of dollars in state-of-theart machinery and being early adopters of wetcutting and air monitoring as a safeguard against the potentially-fatal lung disease silicosis.

“We want to protect our staff, our customers and our industry. It’s the right thing to do,” Cam Paranthoiene, says.

“It is the single most effective and easiest thing that any fabricator can do

to step change the risk of silicosis. We now have a viable alternative, so it’s time everyone in the industry made the change.

“You cannot have health and safety and professionalism, and be the cheapest. You will always get cheaper but at what cost? We feel this is so important that we are prepared to take a hit to our business (losing customers who want a lower priced

product) in order to make this happen.”

The scale of the danger of silicosis from dust emitted when stone is dry cut or polished was not fully known in the industry until 2019.

The New Zealand Engineered Stone Advisory Group (NZESAG), supported by ACC and WorkSafe was established in June 2019 to ensure the safe practice guidelines for

SUMMER 2023/24

stone fabricators with AGB instrumental in setting up those standards.

AGB had previously conducted rigorous air testing to validate the effectiveness of its dust management practices.

The results were less than 50 percent of the acceptable Workplace Exposure Standard (WES) for any industry. This validation reinforced AGB’s commitment to exceed minimum requirements.

WorkSafe issued 113 notices to 64 businesses that year, including 21 prohibition notices and 71 improvement notices.

The following year that rose to 166 notices to 75 businesses – however there were only three prohibitions, but 115 improvement notices. ACC has received 140 claims for assessment since September 2020. There have been no reported deaths in New Zealand.

The Australian government is investigating a total ban on engineered

stone following a 2021 report that claimed one in four stonemasons or joiners working with fabricated stone before 2018 had been diagnosed with silicosis.

Paranthoiene feels a total ban is an excessive and unnecessary move ­– if using low-silica product with proper processes in place.

AGB has created a lowsilica engineered stone offering fabricated using NZESAG RCS (Respirable Crystalline Silica) Accredited methods.

“Silica levels in standard engineered stone are around 90 percent. Insisting on no more than 40 percent silica with robust safety processes will offer peace of mind.”

Christchurch’s Joinery Scene co-owner Richard Hill applauds the ban on high-silica stone.

“It is great to see a company leading the industry with this silica management plan. We feel the customer will have a better and safer product

if it was to be modified in their home at some point, they can also feel at ease knowing that their top has been produced in the safest possible environment.

That’s a win-win situation.”

A spokesperson for the national company Misco Joinery says the AGB directive would ultimately lead to a safer work environment.

“We want to be working with suppliers that take the health and safety of its workforce seriously.

Misco supports AGB and its approach towards using safer fabrication techniques and low-silica products.

It is great to see AGB front-footing responsible manufacturing. For them to take a stand shows real leadership in the industry – which we fully support.”

In April, the New Zealand Council of Trade Unions urged the Government to protect workers exposed to hazardous material in engineered stone, emphasising that terminal

illnesses such as lung cancer, silicosis and other autoimmune diseases are preventable if proper action is taken.

In a statement earlier this month, Workplace Relations and Safety Minister Carmel Sepuloni said WorkSafe would revisit high-risk businesses, and if there were problems “use all enforcement actions available, including investigation and considering prosecution where it is warranted”.

WorkSafe estimates 60,000 engineered stone slabs are imported each year, and there are believed to be approximately 130 businesses that fabricate them into benchtops for kitchens, bathrooms and commercial premises.

“AGB is in a unique position, as it services all parts of New Zealand,” Paranthoiene says.

“We can use that reach to influence fabricators and suppliers across the country to follow suit.” safetynews.co.nz

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SUMMER 2023/24

Safe Work Australia supports call to ban of engineered stone Following union protests over engineered stone and its association with silicosis, a debilitating and potentially fatal disease, Safe Work Australia is recommending the government prohibits its use

S

afe Work Australia has published the Decision Regulation Impact Statement: Prohibition on the use of engineered stone (Decision RIS). It comes after protests were held by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) there, calling for the ban of engineered stone.

The Decision RIS was developed by Safe Work Australia at the request of WHS ministers and was informed by stakeholder consultation, independent economic analysis, and an 10 safetynews.co.nz

expert review of evidence.

The Decision RIS recommends a prohibition on the use of all engineered stone, irrespective of crystalline silica content, to protect the health and safety of workers.

The recommendation for a prohibition is based on the following: • Engineered stone workers exposed to respirable crystalline silica (RCS) are significantly overrepresented in silicosis cases. Engineered stone workers are

•

•

being diagnosed with silicosis at a much younger age than workers from other industries.

Engineered stone is physically and chemically different to natural stone. The high levels of RCS generated by working with engineered stone, as well as the differing properties of this RCS, are likely to contribute to more rapid and severe disease.

There is no toxicological evidence of a ‘safe’ threshold

•

of crystalline silica content in engineered stone, or that other chemicals found in engineered stone do not pose a health risk to workers.

Silicosis and silicarelated diseases are preventable. However, a persistent lack of compliance with, and enforcement of, the obligations imposed under WHS laws across the engineered stone industry at all levels have not protected workers from the health risks

SUMMER 2023/24

associated with RCS. Safe Work Australia provided the Decision RIS to Commonwealth, state and territory work health and safety (WHS) ministers on 16 August 2023 for their consideration.

While WHS ministers are yet to make a decision on the recommendation in the Decision RIS to prohibit the use of all engineered stone, they have agreed Safe Work Australia publish the Decision RIS ahead of their decision.

This Decision RIS builds on the evidence and analysis previously considered by WHS ministers in, and should be read in conjunction with, the Decision Regulation Impact Statement: Managing the risks of respirable crystalline silica at work.

The Decision Regulation Impact Statement: Prohibition on the use of engineered stone, and responses to the public consultation can be downloaded from the Safe Work Australia website.

The timing of a decision

by WHS ministers on the prohibition on the use

of engineered stone is a matter for government.

The Australian Unions movement has resolved to support the ban announced by the CFMEU and take all necessary steps to end the use engineered stone by the middle of next year, if government bans are not in place by then.

This will mean union members will not allow engineered stone to be imported, manufactured or used in Australia.

These actions will protect the thousands of workers who currently work with this deadly fashion item and who are exposed to high levels of silica dust, the movement says.

“In some states as many as 1 in 4 stonemasons who have undergone health screening have been found to have the incurable, debilitating and sometimes fatal lung disease silicosis.

“The reality is that workers have lost their lives after contracting silicosis from working with the deadly fashion products.

“It’s time to draw a line in the sand and ban the use of deadly engineered stone products. Workers’ lives are

on the line.

“This is something every unionist needs to get behind, because the right to a safe workplace is fundamental, no matter what your job is.”

Since the first case of silicosis associated with engineered stone was reported in 2015, the numbers of diagnoses has risen dramatically.

While silicosis cases have been found in workers across a range of industries and work silicacontaining materials, a disproportionate number of silicosis diagnoses have emerged from those working specifically with engineered stone.

In 2021, a National Dust Disease Task Force report found nearly one in four workers exposed to dangerous levels of silica dust from engineered stone have been diagnosed with silicosis and other silicarelated diseases.

“It doesn’t have to be this way. Knowing what we know now, there is no justification for the continued use of engineered stone and other dangerous silica products.,”

the union movement says.

“The union movement earlier this year welcomed greater regulations on the manufacture and use of silica-based products, but as the evidence shows, there is no safe level of silica when it comes to engineered stone and the threat it poses to workers.

“If the government doesn’t ban this deadly product, then, as unionists, we have the responsibility to take mobilise and take matters into our own hands to save workers lives – and that’s exactly what we’ll do.

“In practical terms, this means union members involved at any point of the supply chain will refuse to so much as touch an engineered stone product.

“Whether it’s taking deliveries on the wharf, transporting materials by truck, or installing engineered stone on a worksite – unionists will stand their ground in solidarity with stonemasons, because it’s the right thing to do.”

safetynews.co.nz 11

SUMMER 2023/24 Sun safety

When working in the summer, it’s important to protect yourself from over exposure of sun and UV-rays, which can cause painful sunburn and potentially lead to skin cancer. An estimated 90,000 non-melanoma skin cancers are diagnosed each year in New Zealand, according to the Cancer Society.

• Slip on sun-protective clothing - cover up with UV rated, breathable clothing that complies with your PPE requirements, such as lightweight long pants and long sleeve shirts.

• Slop sunscreen on exposed skin - wear broad-spectrum, water-resistant, SPF30+ sunscreen. Apply 15 minutes before to sun exposure and remember to reapply at least every two hours.

• Slap on a hat – wear a hardhat that has a front or wide brim and neck flap to protect your head, face, and neck from the sun.

• Wrap on tinted glasses - wear closefitting, wrap-around style safety sunglasses to protect your eyes from the sun and other hazards.

• If you notice any unusual skin changes or see a spot or mole that is different from others, get it checked by your doctor.

Keeping cool and hydrated

Hard work on a hot summer’s day can cause our body to become dehydrated, leading to sweating, headaches, weakness, nausea, confusion, feeling dizzy, and fainting.

12 safetynews.co.nz

Working in Summer With December marking the start of summer in Aotearoa New Zealand, it's important to be aware of the extra health and safety hazards that come with working outside.

Here are some tips to help you work smarter over the coming summer months.

If you’re exposed to too much heat for too long, you could be at risk of heatstroke, where your body is unable to cool itself down.

Heatstroke is an emergency and needs to be treated immediately.

• Keep hydrated by regularly drinking water and avoiding drinks with caffeine or alcohol, which can dehydrate you more.

• Wear lightweight clothing if it’s safe to do so – be sure to comply with your company’s clothing and PPE regulations.

• Try to limit or avoid prolonged exposure to extreme heat, and during the hottest part

•

of the day, plan to do work in the shade.

Take regular breaks from physical work to avoid overheating.

•

Fatigue

Good weather can mean longer working days to get a job done, but ignoring the signs of fatigue and tiredness can lead to real risk.

• Schedule and take regular breaks, and extra ones when the job feels harder than usual due to the weather.

• Monitor and place limits around overtime – if you need to work longer hours, consider staggered start and finish times,

•

and longer breaks and periods off work.

Always use the right tools for the job. Handling vibrating tools can increase fatigue, so consider switching to low-vibration tools or machinery if possible.

Look out for your own safety, and the safety of other workers. Don’t be afraid to speak up if you think someone needs to take a break.

For more health and safety tips for working in summer, visit www.sitesafe.org.nz

SUMMER 2023/24

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SUMMER 2023/24

9

0-day trial periods have been in place previously for employers to assess new employees for suitability.

They give new employees the opportunity to prove themselves, their skills, experience, and other attributes.

For the 564,000 small to medium sized enterprise (SME) businesses that employ twenty or less employees and represent 97 percent of businesses in NZ, the implementation of the 90-day trial period can be a challenge.

An issue that arises when introducing this into a business or managing any employment process is that many of the SME businesses have little or no documented employment processes in place, nor do they have the time or the internal resources to manage this important aspect of business.

This is one of the single major reasons why so many SME business end up in time wasting and costly employment disputes.

Many businesses engage with costly employment specialists, with franchise HR consultants, or do nothing and take the risk.

This does not have to be the case.

The employment process for probationary management

The following are several

Return of the 90day trial: what you need to know The newly elected Government intends to re-introduce 90-day employment trial periods, but is this a good and commercially safe way for employers to take on new personnel? easy-to-follow steps of an employment process. It is not intended as a complete list, but should be the minimum requirements that any SME business has in place for a systematic progress to minimise

the risk of getting the employment process wrong.

An important part of this process is the maintaining of your employment records in either hard copy or cloud-based media.

The key actions throughout any employment process are to take your time and communicate.

Gordon Anderson,

Hasmate Ltd Managing Director gordon@hasmate.co.nz Gordon has created over 200+ safe/standard operating procedures, 150+ forms, and other documentation over the 26+ years he’s worked in the health and safety industry, providing New Zealand businesses with practical methods and a commonsense approach to the development and implementation of compliance management systems.

Health and Safety Management System New Zealand | Hasmate 14 safetynews.co.nz

SUMMER 2023/24 Steps Action 1.

2.

The ideal person description

The job description

Support notes This is a critical document and should be developed for all positions within the business. If done correctly, it will also act as the checklist for when applicants are interviewed.

Does the business have an organisational chart?

The job description is a document that requires a lot of thought as it is important for you and the applicant to know what they are going to be responsible for, who they are accountable to and how performance will be measured.

This document becomes part of your annual staff review process.

3.

4.

5.

The application for employment

The skills, qualifications and experience check list

The interview and selection process

This is another critical document that sets out a wide range of questions with required answers for the employer to use in their assessment for selecting a short list of likely applicants for the position.

Concerning the Privacy Act, the questions you ask must only be relevant to the position that is being applied for and information that should be known to the applicant. For example, if the position requires that products or services be selected by colour, then the candidate can be asked if they are colour-blind, as it is relevant to the quality of the work/services, for instance an electrician working with different coloured wires.

This checklist is not mandatory but something we have used with our clients with positive success. It is usually attached to the application for employment.

It is a great way to capture the experience and skills that a prospect may have for the new position.

If completed correctly this will also act as the checklist for when applicants are interviewed and could be applied if there is a future performance issue.

This does not have to be complicated but should be undertaken in a formal and appropriate setting.

All the information previously completed by the applicant can then be used for the interview process.

Any outcomes from this meeting should be recorded and filed in the employee’s personal file.

This a mandatory obligation of all businesses with costly consequences if not completed prior to engaging the employee.

If the employee is to have a probationary period as part of their engagement, then this must be stated in this agreement.

6.

The employment agreement

If this is included, I would recommend that you also include a copy of the probationary assessment form that outlines the areas that the employee will be assessed against for the probationary reviews, then there are no surprises for both parties.

As the employment agreement is legally binding, it is open for negotiation between both parties and not a take it or leave it discussion which too often is the case.

Of the many stated inclusions, the statement about health and safety is paramount as this can become the saving grace for any employer, considering the proposed changes to the 2015 H&S Act, regarding responsibility and accountability.

7.

The induction process

If your business has this process in place, it should never be a, “read this and you will understand” exercise. It should be a structured process so that the new employee understands the company’s requirements and has access to the induction information and supporting policies with which they must comply.

This is the area where so many get it wrong.

Do not leave this review meeting till the end of the 90 days or when things go wrong.

8.

The probationary review process

Set the performance assessment dates for an assessment for every month for the 90 days and tell the employee of these date and the procedure for the reviews.

Use the probationary assessment checklist for this process and be prepared to listen, provide feedback, positive and constructive ideas for improvement, listen and to act on any ideas for the business. You might well be surprised what you learn about your business and identify areas for improvement. safetynews.co.nz 15

SUMMER 2023/24

A

cabinet consultation paper leaked to the media shows the incoming Government is disregarding the negative impact of repealing Fair Pay Agreements, and the advice of their own officials, the New Zealand Council of Trade Unions (NZCTU) says.

The paper outlines the process by which Fair Pay Agreements would be repealed. In one section, it outlined who would benefit from improvements to working conditions.

“Given [women, Māori, Pacific people, and young people] are disproportionately represented in workforces where there are lower employment terms, they could have disproportionately benefited from any improved terms obtained by an FPA,” the paper says.

Already, a petition to keep FPAs has attracted more than 10,000 signatures.

“Fair Pay Agreements are already significantly progressed for more than 200,000 people working as Bus Drivers, Cleaners, Security Guards, Supermarket workers, in Early Childhood Education, in Hospitality and Port workers,” the petition page says.

“These workers are in low paying jobs, despite providing essential support to our communities. We are in the middle of a cost-of-living crisis. Increasing pay is the best way to support people right now. There has never been a more important time for working people to be paid fairly.”

NZCTU President Richard Wagstaff says it was a sign of how popular the new legislation was amongst workers.

“We are seeing working people standing together to protect FPAs. Workers have been doing it tough during 16 safetynews.co.nz

Growing petition to keep Fair Pay Agreements Fair Pay Agreements (FPAs), a system for employment terms and conditions to be negotiated across entire industries and occupations, are set to be scrapped by the new Government against official advice the cost-of-living crisis, and the single most effective protection we have is Fair Pay Agreements.

“FPAs could revolutionise entire industries, lifting pay, conditions, and access to training. We also believe the new laws will stop the brain drain to places like Australia, which have similar systems to FPAs in place.”

But the ACT party argues that in New Zealand, too many people are forced to spend too much time on transactions instead of production.

“Every industry complains that getting permission, following rules, and ticking boxes drains away the time and energy available for

doing their actual job. Fair Pay agreements would have made this problem worse.

“With or without these agreements, productivity is king. No worker can sustainably take home more than they produce, or they’ll send their employer broke.

No employer can sustainably pay their workers less than what they produce, because sooner or later someone else will.”

ACT’s Deputy Leader and the new Workplace Relations and Safety Minister Brooke van Velden will be leading the work to remove FPAs before Christmas.

The party claims that the contracts cost millions to negotiate and lead to ab-

surdities.

“They allow tiny minorities of workers to force entire industries into nationwide contracts. Butchers wonder if they’re covered by the hospitality code or the retail code. We can only guess it depends on how ‘prepared’ their meats are at the point of sale.”

ACT says FPAs would add to what it considers to be complications with New Zealand’s employment law, including holiday pay, sick leave and personal grievances.

“No agreements are currently settled and those currently being negotiated will be deleted.”

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Inspectors and certifiers with years of expertise warn of a declining national workplace chemical safety performance.

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SUMMER 2023/24

Restrictions around supply of hazardous substances There is more than just the Health and Safety at Work (Hazardous Substances) Regulations to consider when it comes to hazardous substances and who they can be supplied to, Chemsafety Senior Hazardous Substances Specialist Janet Connochie says

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e have seen recent activity from the EPA about hazardous substances that are only permitted to be supplied to workplaces.

At workplaces you would be forgiven for thinking that the Health and Safety at Work (Hazardous Substances) Regulations – HSW(HS) are all that you 20 safetynews.co.nz

need to consider, but for suppliers that is not the case.

The Hazardous Substances (Hazardous Property Controls) Notice includes a rule that some substances are restricted to supply to workplaces only.

A supplier may only supply these substances to A workplace and only if they have written

notification that a competent person will accept responsibility for the substance, or To an authorised person (someone who has an approval from the EPA to have the substance at a place that is not a workplace).

This is very similar to the tracking requirements – and the definition of competent

person is the same as that used in the tracking regulations.

What’s the issue that has arisen?

EPA has begun to communicate these requirements to importers and suppliers and this is now being passed down the supply chain.

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The list of classes of substances that are restricted to workplaces only is similar – but not the same as – the list of tracked substances. The classes are shown below – there are also lists of specific substances that are added and excluded.

The classes causing the most concern from a supplier / customer perspective are below.

• •

1C – Acute toxicity Category 3 7A – Carcinogenicity Category 1

The reason being is that these are not tracked, but found in a wide range of products. Also of note is that the lists of specifically included and excluded products are not the same – for example class 6.1B hydrochloric acid is in the not tracked list, but not in the not restricted to workplaces list.

What are suppliers asking for?

Suppliers should be asking for written confirmation that there is a competent person – i.e. the name and work

address of the competent person(s). They should not be asking for your training records, nor is there such a thing as a “competent handler certificate”.

Certified handlers are only applicable to explosives (some exceptions apply), fumigants and Class 6.1A and 6.1B toxic substances.

What do I need to do?

All persons handling hazardous substances in the workplace require training in accordance with regulation 4.5, so you should already have

a training process and records in place.

What has changed?

Nothing really, both the Hazardous Property Controls notice and the training requirements under Regulation 4.5 have been in place for over 5 years. EPA is bringing the requirements to the attention of suppliers, and have an information page for regarding this. chemsafety.co.nz

safetynews.co.nz 21

SUMMER 2023/24

We beat Aussies handsdown on workplace deaths New Zealand is trailing seriously behind other countries in mitigating workrelated harm, a problem costing the country $4.4 billion a year, a new report reveals

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he State of a Thriving Nation report pulls together a range of economic and qualitative data to better understand this country’s health, safety and wellbeing performance.

It puts the total cost of lost lives, lost earnings and serious injury and health costs from work-related harm in New Zealand at $4.4 billion.

Produced by Sense Partners and Shamubeel Eaqub on behalf of the Business Leaders’ Health and Safety Forum, the report shines a light on our current performance as well as looking at two issues facing businesses in 2023; an economic slowdown and a general election – and how they play into workplace health and safety in this country.

“The report makes confronting reading. While we’re making progress as a country, it is too slow,” 22 safetynews.co.nz

says Forum CEO Francois Barton.

“If New Zealand could improve its performance to match that of Australia, we would reduce our costs to the country by nearly $1 billion per year,” he says.

“Fatality rates remain stubbornly high and are similar to those the United Kingdom experienced in the 1980s.”

When pulling together data and literature on how economic cycles affect health and safety outcomes, economist Shamubeel Eaqub says the causes of harm tend to be different at different stages of the economic cycle.

“When the economy is booming, there is too much busyness, which can crowd out good systems and processes, and culture. When the economy is weak, there can be a tendency towards

cutting safety, training, and culture/wellbeing resources,” he says.

“We surveyed Forum members for a pulse check on the economy and business plans over the past year, and the year ahead. While the Forum membership is weighted towards larger firms, the results show that economic growth is expected to be moderate, but continue to grow, defying pessimism in many current surveys of business.”

“The survey also told us that businesses expect to continue making significant investments in capital, technology, and training, even more than in the last 12 months,” he says.

When considering the upcoming general election, the report calls for the new government to prioritize the importance of a level

playing field through clear regulatory expectations on businesses and effective follow-through and accountability.

“New Zealand’s health and safety performance is a nationally significant issue, and demands action from across government and business,” says Francois Barton.

“The Health and Safety at Work Strategy 2018-28 has not yet published a workplan – first planned for delivery in 2019, nor established any form of system oversight or governance.

This needs to be prioritized,” he says.

“We can, and must do better, as business leaders, government, and the regulators to change this economic and social toll to our people and our country.”

Read the full report

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ith the enactment of the Health and Safety at Work Act (2015) it became apparent that there was a need to assure customers that they comply the requirements of the Act in safety measures for fall arrest.

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tem have to be tested, the performance of the safety fall arrest system as a whole also needed to be studied,” says General Manager Craig Daly.

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nets, with the results being collated and analysed to effectively confirm that our safety fall arrest system works,” says Daly.

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orksafe NZ's Clean Air programme was their first targeted intervention on workrelated health. Their goal was to reduce the risk of respiratory ill-health caused by exposure to airborne contaminants in the workplace.

A key part of the programme is to raise awareness and eliminate or control the health risks of silica dust, organic solvents, welding fumes, wood dust, carbon monoxide and agrichemicals.

In New Zealand cancers and respiratory diseases from airborne substances account for at least 31% of total work-related harm and 24 safetynews.co.nz

an estimated 650 deaths per year. They account for 79% of the estimated 750 – 900 people who die annually from work-related health causes - Source: Worksafe NZ. More information here: https://www.worksafe.govt. nz/topic-and-industry/ work-relatedhealth/ carcinogens-and-airbornerisks/ Whether you are an employer who needs respiratory solutions for employees or a welder, plumber, spray painter, asbestos worker, farmer or even a casual carpenter – LUNG PROTECTION IS VITAL! It is incumbent on PCBU’s

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he team was forged by three friends working in the industry who realised that the key thing stressed building managers, business owners and landlords needed was to make a single call and get a reliable and qualified support team that would cover any aspect of facilities management.

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SUMMER 2023/24

How to achieve a good work-life balance at home Home-based work has many benefits but also some unique challenges – Porch’s Denisse Garcia explores what you can do to combat those challenges, and find work-life balance

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he term “burnout” has been thrown around workplaces for years, but what does it actually mean? According to Psychology Today, “Burnout is a state of emotional, mental, and often physical exhaustion brought on by prolonged or repeated stress.”

There are three main types of burnout associated with the workplace: • Overload burnout.

Most of us are familiar with this type since it involves working hard over a prolonged period of time in an 28 safetynews.co.nz

•

effort to find success or get ahead in our work. Sometimes, overload burnout can be the result of taking on extra work due to staffing shortages.

Underchallenged burnout. The opposite of overload burnout, this type involves feeling bored, underappreciated, and frustrated in the workplace because of a lack of challenges or opportunities. A characteristic of this type of burnout is a lack of passion or even

•

complete indifference toward work.

Neglect burnout.

This type of burnout involves feeling helpless in the workplace.

It may be the result of plans and projects not going as well as they should, meeting (and not getting beyond) barriers, and an inability to get ahead.

Neglect burnout can result in a lack of motivation and ambition.

The unique challenge of remote work burnout

It may feel impossible to maintain a work-life balance, no matter where you are. When working from home, the home office can’t always be shut away behind a closed door at the end of the day.

Many factors can result in burnout when you’re engaged with home-based work, including: • Structure. Brick-andmortar workplaces often come with a schedule – or at least some kind of working structure. If you don’t impose a schedule on yourself, you may end

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•

•

•

•

up working through breaks and ending your day later than expected.

Distractions. The home office is a source of many distractions, including calling and texting, watching TV, caring for pets, receiving deliveries, and dealing with sound interference from outside your home.

Setting boundaries.

People in your life may forget that you’re working when you’re at home. It can be hard to set boundaries when your presence suggests you’re available to help or socialize with them during regular work hours.

Isolation. Working from home means you’re without the social side of a brick-and-mortar workplace, leading to feelings of isolation and unmotivation.

Less exercise.

Working from home can result in getting less exercise than you would in a typical office setting. Less activity can result in poor sleep, which can result in a lack of focus at work.

The digital age: a double-edged sword

Working from home and working in an office each come with their own pros and cons, some of which can overlap. Here’s a quick look at how these options stack up against each other: Home office pros • Greater productivity • Greater mobility/ability to work anywhere • No commute

• • • •

Money saved on gas/ travel Better communication through co-worker interaction Flexibility Work/life balance

Home office cons • Lack of access to workplace technology • Too many distractions • Managing workers remotely • Keeping to a schedule • Isolation • Temptation to slack off • Days become confused Bricks-and-mortar office pros • Firm structure/schedule • Ability to collaborate with co-workers • Easier to socialize • Firm work expectations • Work/life balance • Varied meals • Greater potential for career growth Bricks-and-mortar office cons • Lack of office space • Lack of exercise during work hours • Reduced productivity due to interruption • Commuting • Rigid work uniform requirements • Less flexibility • Lack of control over your environment While maintaining a home office may be a solution in an increasingly digital age, it’s not without challenges.

Recognizing the signs of burnout

The symptoms of burnout aren’t always obvious at first, especially when you’re the type of chronically super-busy person who goes through life at 100 miles

an hour. However, burnout can take a toll on not only your performance at work but also on your physical, mental, and emotional well-being. The end result is that you’re left exhausted, irritable, apathetic, and feeling trapped.

The symptoms of burnout are widespread and can affect your entire body and mental well-being. It’s important to know what you’re up against. Here are some of the more common symptoms: Mental • Lack of motivation.

Burnout can cause a lack of desire to work.

• Thoughts of incompetency or inadequacy. Burnout can result in you believing you’re incompetent or inadequate.

• Chronic procrastination. A lack of motivation may result in you putting off your tasks for as long as possible.

• Dreading going to work. Burnout creates negative thought patterns, which result in a dread of going to work.

• Decrease in your sense of accomplishment. The negative thinking spurred by burnout can lower your sense of accomplishment, so you get less happiness from your work.

Physical • Chronic stress. Burnout brings on chronic stress, which can cause its own host of health concerns, like pain, heart palpitations, and more.

• Poor sleep/poor sleeping habits.

Burnout can cause

•

•

unhealthy sleeping patterns, making it hard to get quality sleep.

Exhaustion. Exhaustion can result from chronic stress and poor sleeping habits.

Frequent health problems. Burnout can cause you to become sick more often or develop migraines, depression, and anxiety.

Emotional • Irritability/anger. The physical and mental symptoms of burnout can result in you becoming irritable or easily angered.

• Developing a sudden and intense dislike for your work. Negative thoughts and feelings, as well as the exhaustion created by burnout, may result in an intense dislike for your work.

• Feelings of hopelessness. Burnout is often overwhelming and all-encompassing.

Feelings of hopelessness go hand-in-hand with other symptoms.

• Increased need for self-isolation. The negative thoughts and feelings created by burnout may result in an increased need for self-isolation.

• Increased cynicism.

Along with increased negative thoughts and feelings comes an increasingly pessimistic view of life.

The behavioral patterns: when burnout takes hold

Burnout can have such a profound effect on your mental and emotional well-being that it may actually change your behavior. safetynews.co.nz 29

SUMMER 2023/24 creating opportunities for honest communication, or giving employees regular check-ins.

Preventing burnout: a proactive approach

In the middle of burnout, you may become withdrawn, easily irritated or angered, and overly pessimistic. These behaviors – aside from being ultimately bad for you – can put a serious strain on your relationships if you don’t take steps to mediate the problem.

Most interventions involve preventing burnout from happening, but there are ways to cope when you’re already past that point.

Coping strategies for burnout

If you find yourself in the middle of a burnout, some healthy coping strategies can help you manage and eventually pull out of it.

Here are some ways you can deal with burnout: • Self-care. Taking care of yourself is important in coping with burnout. Make a conscious decision to restrict screen time, drink enough water, and work some exercise into your daily routine.

• Identify the problem.

Are you bogged down with too much work?

Do you feel helpless or underappreciated?

Identifying the problem can tell you if it’s 30 safetynews.co.nz

something you can change.

• Look ahead. Think about where you’d like to be. What does a great work environment look like for you?

Think of ways you can regain autonomy and a feeling of being valued.

• Delegate. Assign tasks to other people to avoid feeling like you’re the only qualified person who can handle them.

• Diversify. Burnout can make you feel like life is all about work, work, work, and nothing else. By giving time to hobbies and other pursuits, you can eventually pull out of burnout.

Whether you maintain a home office or work in a brick-and-mortar office, there are two sides to the burnout equation: yours and the company’s. The company you work for has a vested interest in preventing burnout in employees, as it may result in loss of job satisfaction and performance quality.

An employer can help prevent employee burnout by hosting virtual or in-person team-building activities,

Preventing burnout from taking hold involves the same coping mechanisms you’d use when you’re already in that state – look after yourself and take steps to de-stress. Whether you’re trying to pull yourself out of a state of burnout or working toward preventing it from happening in the first place, taking care of yourself and developing a set of positive habits and techniques is a valuable step.

Nourishing your body: the foundation of well-being

you focus and relax your mind and body. Regular exercise promotes healthy sleeping habits, which helps you remain alert while at work.

Your diet is another source of health and wellness, and it can have a profound impact on your energy levels during the day. By minimizing sugar and refined carbs and controlling your intake of caffeine, alcohol, nicotine, and unhealthy fats, you can boost your energy, avoid untimely crashes, and improve your overall health.

Try adding Omega-3 fatty acids (which can be found in fish, flaxseed, and walnuts) and protein to boost your mood and provide long-lasting energy.

Designing spaces for relaxation and creativity

The biggest part of maintaining a healthy body, mind, and spirit is often what people find most intimidating: self-care.

While it’s important to take time out to do things for yourself – like visit the spa or get a massage – looking after yourself can simply

Part of relaxing or indulging your creative side involves designing an encouraging space. If you like arts and crafts, designing an area that makes you want to sit down and create something makes it easier to set aside time to do what

mean simply exercising and eating well.

Start by introducing regular exercise into your daily routine. This may be the last thing you want to do on a day full of work projects and meetings, but regular exercise is a fantastic way of lifting your mood, alleviating stress, and helping

makes you happy.

If you’re not a crafty person, maybe designing a space for relaxation is more your speed. Whether it’s a meditation corner, a quiet bathroom for taking soothing hot baths, or a cozy living room that makes you want to unwind with a good book or a movie, the

SUMMER 2023/24 potential for creating relaxing spaces in your home is virtually endless. No matter what type of relaxation space you need, it should be filled with décor and furniture that you find pleasing and soothing. Create a way to encourage yourself to take time-outs.

Before planning renovations or new additions to your workspace, make sure to review your home insurance policy and update it if necessary.

Leveraging technology for wellbeing

In a digital world, technology is the key to getting ahead. A certain amount of digital connection is necessary to complete your work tasks and communicate with your co-workers and bosses, but you can also use technology to track your healthy habits and encourage mindfulness.

Apps like Headspace, Calm, and The Mindfulness App help you establish a daily mindfulness and meditation practice, offering a healthy way to cope with stress.

Apps like Google Fit, Noom, and MyFitnessPal help you track your daily exercise and healthy habits.

Consider limiting your screen time outside of the home office to encourage social interaction with your family and friends, which can boost your mental and emotional well-being.

Sometimes, restricting access to your technology can be just as important as having access to it.

Time management and productivity techniques

Burning out at the home office may stem from poor time management or lackluster productivity techniques. This is where

finding the balance between time management and productivity techniques comes into play. Here are a handful of ways to manage time and boost your productivity so you don’t feel inclined to work longer hours: • Set S.M.A.R.T goals (Specific, Measurable, Assignable, Realistic, and Time-related).

• Prioritize urgent tasks.

• Use a calendar or agenda to track your projects and tasks.

• Plan ahead for each day or week at the end of the previous day or week.

• Learn to say “no” if you aren’t capable of completing a task on time.

• Delegate tasks to boost overall productivity.

• Complete the most difficult task first to get it out of the way.

• Set time limits for each task, including your break times.

• Get rid of outside distractions to help you focus.

Finding balance between work and family life Maintaining a healthy

work-life balance is tricky, especially when you have a family. It’s important to take steps to ensure that your work life doesn’t collide with your home life.

Here are some tips to create a healthy work-life balance: • Set clear boundaries.

Let your family know that your work hours are important and to leave you alone during those hours. Setting clear work boundaries helps you focus on your home life once work is done.

• Prioritize self-care and family care.

Taking time to practice self-care and do fun things with your family is key to establishing a healthy balance.

• Don’t overcommit.

Agreeing to too many projects and tasks means you end up working longer than you should, which takes away from your family time. If you get handed extra tasks, consider delegating them to others.

• Take regular vacations. Planning regular vacations with your family is a great way to set aside time

for you all to de-stress and reinforce the bonds in your relationships.

• Take up a hobby. Pursuing your interests is a great way to set aside time for yourself.

If your children are into the same things, consider doing them together for some one-on-one time.

Thanks to the advancements in technology, finding remote work has become increasingly accessible.

Navigating this new work trend requires a balance where both people and organizations adapt to this new lifestyle. It’s important to recognize that workplace burnout is just as prevalent in home offices as it is in brick-and-mortar offices.

Keeping your personal health and well-being at the forefront and nurturing your relationships with your loved ones are great ways to balance and maintain a positive work-life balance.

Being happy and healthy while remaining productive in your home office is possible by taking proactive steps to cope with burnout.

safetynews.co.nz 31

SUMMER 2023/24

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he gravity of New Zealand’s infrastructure deficit is well traversed. The conservative estimate is over $200 billion and the increasing frequency of climate related disasters alongside the pressures of growth will continue to add to this multigenerational challenge.

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brightstar.co.nz/IFF safetynews.co.nz 33

SUMMER 2023/24

Taparahi viaduct on 2 February 2023 Source: Waka Kotahi

Motivation moves mountains

T

he early opening of the impressive Taparahi viaduct over the landslide cutting the main access to Coromandel East Coast communities, is an extremely welcome acknowledgement of the professional engineering and construction expertise successfully bridging the massive, unstable subsidence.

It is also a timely example of what can be achieved with a commitment to short circuiting red tape, repurposing critical bridging components from other sites and deploying skilled workers in 24/7 hour shifts, 34 safetynews.co.nz

completing an estimated 14-month task in just under seven months and almost 15 percent under the $50m budget. This project team truly deserves a Shout-out!

Using an existing, proven design for the 124m bridge and concurrently making components onsite and in Napier, enabled construction crews to also improve other sections of the fragile 75km road, enhancing resilience to future extreme weather events and improving safety for road users, especially the heavy vehicles delivering essential supplies without the hazardous, two-

hour detour.

Naturally, the impressive success of this daunting engineering task has transport operators asking why the same efficient and most welcome contribution to productivity and national supply chain resilience cannot become the norm.

Imagine what impact this unique approach would have if rigorously applied to selected major transport infrastructure projects, notable for protracted delays and inevitable budget blowouts, all too often resulting in substandard construction requiring expensive

Barry Dyer Chief Executive Responsible Care NZ, the chemical industry association. maintenance and costcutting.

Disrupted road and rail networks result in drivers exceeding their hours traversing dangerous detours, prolonging delivery times and frustrating customers still recovering from the constraints imposed by Covid and

SUMMER 2023/24

Taparahi viaduct under construction Source: Waka Kotahi extreme weather events.

For too long, piecemeal funding and ever-changing policies and priorities for roads of national importance with the consequential uncertainty of continuing work, has led to disposal sales of hard to source construction plant and the dispersion of skilled workers, jeopardising completion of the growing list of sub-standard transport networks.

The incoming goverment’s commitment to a resilient, four lane, all-weather highway linking Northport, Hamilton and Tauranga, bypassing the notorious Brynderwyn section, will dramatically improve safety and productivity, reducing accidents and fuel consumption, while shortening travel times.

Another delay to upgrading the fragile Cook

Strait ferry capability will frustrate transport operators welcoming the latest extension to Northland’s once derided but now lauded ‘Holiday Highway’.

There has been periodic reference to the need to replace the outdated dry dock in Devonport which is not capable of supporting all present, let alone future, vessels. Both the Royal NZ Navy and commercial operators require a futureproof drydock capable of avoiding long repair and maintenance voyages to Australia and Singapore, especially for the incoming new Cook Strait ferries.

Perhaps the incoming Ministers of Transport, Infrastructure and Economic Development will surprise us with a comprehensive plan to deliver a long-awaited boost to the national

economy through a fully funded, long-term road and rail construction programme where it is most needed.

This strategic approach would focus on just one or two key routes receiving all necessary resourcing to be completed quickly, without any deterioration in key construction and performance criteria.

Extending reliable, all-weather access to Northport and the Port of Tauranga would give confidence to multimodal transport operators advocating the need for resilient supply routes to key logistics hubs.

In fact, to ensure resilience throughout the national supply chain, look no further than the impressive team effort in restoring the critical SH26A ahead of time and under budget,

thanks to the skills and commitment of project staff unencumbered by the dreaded regulations.

Once this highly successful construction team has recovered from their well-deserved end of year break, perhaps they could start on Auckland’s second harbour crossing?

Are you out and about throughout these Summer holidays? Please respect warning signs, the ubiquitous road cones and especially the construction crews working on our behalf.

Be extra careful out there.

The views expressed here do not necessarily represent the views of Responsible Care NZ

safetynews.co.nz 35

SUMMER 2023/24

Your responsibilities as a PCBU A PCBU means a Person Conducting a Business or Undertaking.

Most New Zealand businesses, whether large corporates, sole traders, or self-employed, are classed as PCBUs. A PCBU must, so far as is reasonably practicable, provide and maintain a work environment that is without health and safety risks. The work environment includes: •

•

the physical work environment, including lighting, ventilation, dust, heat and noise the psychological work environment, including overcrowding, deadlines, work arrangements (eg the effects of shift-work and overtime arrangements) and impairments that affect a person’s behaviour, such as work-related stress and fatigue, and drugs and alcohol.

PCBUs are responsible for providing and maintaining

safe plant and structures.

This includes machinery, vehicles, vessels, aircraft, equipment (including personal protective equipment), appliances, containers, implements, tools, buildings, masts, towers, frameworks, pipelines, quarries, bridges, underground works (including shafts and tunnels) and any component of one of these items or anything fitted or connected to one of these items. PCBUs must also ensure the safe use, handling and storage of plant, structures and substances.

Providing safe systems of work is also a PCBU’s responsibility, as is providing any information, training, instruction or supervision that is necessary to protect

all persons from risks to their health and safety which may arise from the work of the business.

It is also a PCBU’s job to monitor the health of workers and the conditions of the workplace.

Another responsibility of a PCBU is to provide adequate facilities for the welfare of workers when doing work for the business, including ensuring access to those facilities. This also applies to providing healthy and safe worker accommodation when appropriate.

Click here for more information.

PCBUs that fail to meet their health and safety obligations are putting people at risk and can face prosecution. The following are recent examples of health and safety failures by PCBUs and the resulting consequences.

36 safetynews.co.nz

SUMMER 2023/24

‘Watered down’ training leads to hand injury

A worker suffered laceration to their palm and loss of two of fingertips as a result of inadequate training, WorkSafe has found, which has entered into an Enforceable Undertaking with the worker’s employer

WorkSafe New Zealand says an incident where a worker was seriously injured underlines the importance of training staff to keep them safe.

On 15 November 2021 a staff member with the Auckland International Airport Limited (AIAL) wildlife team was monitoring geese near the airport’s runways. The victim fired a cartridge from a pyrotechnic launcher toward the geese from the open driver’s side window of their stationary work vehicle. As a result of firing the launcher, the victim sustained serious harm, including laceration to their right-hand palm and loss of two of their fingertips on their right hand.

WorkSafe investigated the incident and found the victim did not receive adequate training on the safe use of the launcher and storage and handling of the cartridges. WorkSafe also found standard operating procedures relating to pyrotechnics were not as they should be.

“The way training was carried out was concerning.

Training can be ‘watered down’ if it is simply passed on by person to person and

not directly linked back to what the best practice states and the law requires.” says WorkSafe’s National Manager Investigations Catalijne Pille.

“This matter highlights that businesses and organisations need to pay adequate attention to the use of equipment or keeping across training regimes.

Passing down knowledge without having check-ins can mean gaps in information or that training is not aligned with best practice.”

Since the incident the PCBU has engaged with an external business to carry out training and reports increased satisfaction with the new process.

AIAL has entered into an Enforceable Undertaking with WorkSafe. This requires the PCBU to raise the health and safety standard in their workplace, wider industry and local community.

This Enforceable Undertaking includes: • Financial amends to the victim.

• The implementation of a new suite of controls to greatly minimize risk to workers.

• The development and

implementation of a wildlife working group with key external stakeholders.

• The development and implementation of a national wildlife hazards conference.

• Funding to support organisations delivering mental health services in the South Auckland area.

Through this Enforceable Undertaking a Wildlife Working Group will be established with a focus on minimising wildlife risks.

This will be supported by the creation of a National Annual Wildlife Hazards conference and a sponsorship programme, focusing on safety and well-being improvements.

“We all have a part to play in New Zealand’s health and safety system and Auckland International Airport Limited has taken up the opportunity to drive health and safety change within the industry.”

WorkSafe will monitor compliance and progress of the terms of the Enforceable Undertaking which have been agreed to.

Auckland Airport’s Chief Operations Officer, Chloe

Surridge says it takes ownership for the events that led to one of its wildlife team members suffering a significant injury.

“We are deeply sorry for the impact this incident has had on the health and wellbeing of our team member and their family.

“While birds are a threat to aircraft safety, it is extremely important any tactics used to scare them don’t risk causing anyone personal harm. That wasn’t the case on this occasion, and we have worked closely alongside WorkSafe in full support of its investigation.

“We have also made significant improvements to ensure the future health, safety and wellbeing of our wildlife rangers, including more specialised training, changes in operating procedures and improvements in record keeping.

“The process of the enforceable undertaking has not only created positive change across our own training and procedures, but will deliver long-lasting outcomes for health, safety and wellbeing at other airports and in our wider community.” safetynews.co.nz 37

SUMMER 2023/24

Fatality due to company’s poor traffic management Fine: $577,500

|

Reparation: $115,896 |

Max Fine: $1.5m

Businesses have an obligation to keep people safe around vehicles in the workplace, says WorkSafe New Zealand following the sentencing of a Southland business McLellan Freight Limited was contracted to load and unload palm kernel extract at a warehouse leased from South Port in Bluff. In turn, McLellan Freight contracted trucks and drivers from Transport Services Southland Limited and Herberts Transport Limited.

One of those drivers was standing behind his truck when he was struck and killed, as another driver was reversing a front-end loader in February 2017.

“Clear separation of workers and moving vehicles is an absolute must in workplaces. Designated safe zones for people, alongside bol-

lards or barriers to control the traffic flow are cost-effective ways to keep safe,” says WorkSafe’s acting national manager of investigations, Catalijne Pille.

A WorkSafe investigation found McLellan Freight should have had a more effective system in place for traffic management and should have consulted with the other trucking firms it worked with to manage the risks.

“Too much emphasis was placed on workers being vigilant, as opposed to businesses managing risks by preventing dangerous situations for workers. More

could and should have been done by way of traffic management to ensure a safe system of work,” says Catalijne Pille.

Several measures could have reduced the risk of harm. These include: • having a dedicated spotter to help guide the driver at all times; • a stop line or safety cone so drivers know exactly where to stop; • use of a reversing camera on the loader; • use of proximity sensors; • use of blue light indicators on vehicles as appropriate

Following a judge-alone trial in June 2023, McLellan Freight was found guilty of health and safety failures.

Transport Services Southland Limited and Herberts Transport Limited pleaded guilty and were sentenced in October 2022 for their involvement.

Read more about managing worksite traffic Read the sentencing decision for Transport Services Southland Limited and Herberts Transport Limited

Scaffolder who lost arms to powerline wasn’t given safety briefing Fine: $0

|

Reparation: Supressed |

Max Fine: $1.5m

An electric shock which cost an Auckland scaffolder both his arms could have been avoided if his employer had paid closer attention to who was authorised to do the work Jahden Nelson was dismantling scaffolding in April 2022, when a steel pole he was holding contacted an overhead powerline in the West Auckland suburb of 38 safetynews.co.nz

Massey.

As a result of the incident, Jahden received high voltage electrical burns to his upper and lower limbs, including an exit wound

of the electrical charge through his left foot. Both arms were amputated to the upper bicep, and he will need daily assistance for routine activities for the rest

of his life given the nature of his injuries.

The employer, CPA 2022 Limited, has now been sentenced for its health and safety failures.

SUMMER 2023/24

The worksite had been given a Close Approach Consent, which is required when work is being done near overhead powerlines. The consent required the crew that put up the scaffolding to be the same crew that took it down, for safety reasons.

However, WorkSafe found that none of the four-man dismantling crew (including Jahden Nelson) had

been involved at the outset.

The initial crew received a briefing on how workers could safely operate under high-voltage lines, but not the dismantling crew.

Companies need to make sure that expert information they receive is shared with all workers who need it.

“Jahden was a young man who went to work fit and healthy, and now has an on-

going struggle to adjust to a fundamentally different way of life. His attitude, bravery, and determination to keep going is a testament to his strength of character,” says WorkSafe’s area investigation manager, Paul West.

“Anyone working in or around electricity, especially high voltage lines, needs to be aware of the specific requirements that come with

Unsafe machine costs worker his arm Fine: $577,500

|

Reparation: $115,896 |

Close Approach Consents.

Lines companies can assist with the consent process if needed.

“For a seemingly simple communication breakdown to have such far-reaching consequences is horrendous,” says Paul West.

Read WorkSafe’s good practice guidelines for scaffolding in New Zealand

Max Fine: $1.5m

Dunlop Drymix Limited has been fined $297,000 for its health and safety shortfalls, notably its failure to have a working emergency stop switch for dangerous machinery

WorkSafe New Zealand is again warning businesses to be on alert for the dangers of moving machinery, after a worker had his arm amputated on the job at a concrete manufacturer in Manawatū.

The victim was working at Dunlop Drymix Limited in Feilding early one morning in November 2021. While cleaning a conveyor belt he reached to retrieve a dropped tool, and his right arm was grabbed by rollers which pulled him further

into the machine. The victim was alone at the time and had to leave the area to look for help. Tragically, surgeons could not reattach his arm and he remains off work.

A WorkSafe investigation found the conveyor’s off switch was located in the next warehouse, and its emergency stop switch was completely disconnected and non-functional. Dunlop Drymix had no standard operating procedure for cleaning of the machine, insufficient risk assessment,

and should have trained staff on safe ways to clean.

The company has now been sentenced for its health and safety failures.

Protecting people from machines is a priority area for WorkSafe. Far too many workers are killed or injured this way, and harm can be prevented by businesses controlling how people interact with vehicles, machinery, and structures.

“This life-changing injury could have been avoided if the machinery was properly

safeguarded to industry standards,” says WorkSafe’s area investigation manager, Paul Budd.

“Although a business might have standard operating procedures for machinery while it’s in use, it’s critical to think about how that extends to cleaning and maintenance too. Those uses can’t be dismissed as out of sight and out of mind because they are happening out of hours.

“Dunlop Drymix has now improved its health and safetynews.co.nz 39

SUMMER 2023/24 safety systems, but their experience provides a timely warning for other business-

es. Clear guidance and standards have been in place for many years, and the wider

manufacturing industry needs to take notice,” says Paul Budd.

One dead after van struck by unchecked trailer Fine: $270k

|

Reparation: $130k |

Read WorkSafe’s advice about safeguarding conveyors

Max Fine: $1.5m

WorkSafe is warning businesses of the catastrophic consequences that can result from failing to undertake routine safety checks on trailers This follows the death of 52-year-old Julian Bruins Yates, whose van was struck when a trailer detached from a work vehicle in October 2020 on Weka Pass Road in Canterbury.

Ultimate Design and Renovation (UDR) Limited, which owned the A-frame trailer and tow vehicle, and its operational arm ABC Aluminium Limited, have now been sentenced for health and

40 safetynews.co.nz

safety failures.

A WorkSafe investigation found the locking handle on the trailer was not engaged, and the trailer’s safety chain was not connected to the vehicle.

“These are routine checks that must be done when towing a trailer. If not, the consequences can be catastrophic,” says WorkSafe’s Head of Specialist Interventions, Dr Catherine Gardner.

ABC and UDR did not have systems to ensure vehicles were kept in good working order, or systems to ensure drivers visually checked their vehicles before use.

WorkSafe also found staff had inadequate information, training, instruction, supervision, and experience to safely use the company vehicles and trailers.

“It’s not enough to just have your workers sign a vehicle

policy. Businesses need to ensure drivers are competent to safely use a vehicle, especially one that is being towed,” says Dr Gardner.

“Julian Bruins Yates was a father of two who lost his life through no fault of his own.

Any business with a vehicle fleet should heed the lessons of this tragedy because it was entirely preventable.”

SUMMER 2023/24

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Barry Dyer Chief Executive Responsible Care NZ

T

oday, chemical suppliers and their customers continue to adjust to the Covid operational environment.

They struggle with supply chain delays, the loss of experienced staff, frustration with unanswered queries to risk-averse authorities, inflexible and prescriptive regulations, rising compliance costs, diminishing resources and increasing public chemical safety expectations.

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Downgrading the flawed but effective HSNO Certified Handler requirement has inadvertently undermined an invaluable capability.

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The focus is keeping people safe around the chemicals we encounter every day by adding value to businesses.

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safetynews.co.nz 41

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