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Workplace Health and Safety Council Meeting Minutes - No.6, Tuesday 26 August 2008 PRESENT Phil O’Reilly (Chair), Andrew Casidy, Paul Jarvie, Panu Raea, Peter Conway (for Carol Beaumont) IN ATTENDANCE
APOLOGIES Hon Trevor Mallard, Hon Maryan Street, Helen Kelly, Carol Beaumont, Katie Sadleir, Maarten Quivooy INTRODUCTION The meeting commenced at 10.20am with a brief introduction from attendees. ACTION 6.1 Noted apologies. 6.2 Received and confirmed the minutes of the 15 May 2008 meeting. Action points 6.3.1 Noted that the Minister of Labour had received a response from the Minster of Health on the NOHSAC recommendations contained in their report the on the Surveillance of Occupational Disease and Injury in New Zealand. 6.3.2 Noted that the Minister of Labour will be discussing this issue further with the Minster of Health. 6.3.3 Requested that Ministry of Health officials be invited to the November meeting to report back the status of progress to record occupational disease and injury. 6.3.4 Noted that all other actions points were completed or scheduled for a future meeting. 6.3.5 Agreed the summary of actions STAKEHOLDER ENGAGEMENT Maritime New Zealand and Civil Aviation were invited to present to the Council as part of its regular engagement with senior health and safety officials from government agencies. Maritime New Zealand and the Civil Aviation Authority administer and enforce the HSE Act in the maritime and aviation sectors respectively. 6.4.1: Maritime New Zealand In respect of the HSE Act, Maritime is focusing on improving health and safety in the workplace on board ships, and for ships as a place of work. The Department of Labour is responsible for New Zealanders on wharves/pontoons and offshore installations. Maritime New Zealand is responsible for New Zealanders on New Zealand vessels around the world including:
Vessels range from large ocean going vessels to rafts on rivers, including adventure tourism, passenger/charter operations, non-passenger operations, inshore and deep sea fishing, and coastal vessels, for example the Interislander. Over 3,200 vessels are operating commercially in New Zealand waters. What is happening in the industry ... The maritime industry is made up of predominantly small business – 83 percent are single owner/operators. The industry is faced with challenges including increased compliance costs, reduced income, low levels of literacy in some sectors, and an ageing workforce. Environmental conditions on board vessels can be dangerous and at times treacherous, for example sudden weather and sea changes, isolation and distance from shore and assistance, fatigue, and conducting factory operations on a floating platform. Reported incidences of serious harm continue to increase. In the year ending March 2008, there were 89 incidents – loss of limbs is a common occurrence and a number of fatalities have occurred. Some comparative data ... Commercial fishing has consistently ranked first or, in latter years second in having the highest ACC claims per 1000 workers. Water transport, until this last financial year, has been in the highest quartile. While the maritime industry hasn’t made a significant impact on serious harm incidents, the number of ACC claims per 1000 workers has reduced by 23 percent since 2003 for commercial fishing and 26 percent for the water transport sector. How MNZ can make a difference ... prevention and prosecution FishSAFE is a committed fishing industry led, industry/government partnership with the aim of developing strategies to improve the safety performance of New Zealand commercial fishing vessels, from factory boats working in international waters to crayboats launched off the beach. FishSAFE has overseen the development of the Safety Guidelines for Small Commercial Fishing Vessels. These Guidelines are the product of a concerted effort by both the fishing industry and government to provide best practice guidelines aimed at minimising accident and injury rates amongst the inshore fishing fleet. The Guidelines are designed to be a useful and practical tool for everyone involved in the operation of inshore fishing vessels of 24 metres or less. The Guidelines are aimed at meeting the needs of everyone involved in inshore fishing operations from frontline fishing deck-crew through to skippers and owners of vessels. They will help enable deck-crew to work safely and to identify hazards while allowing skippers and owners to meet their obligations under health and safety legislation and Maritime rules. FishSAFE also provides support and advice about how to be safe and be profitable at the same time. In order to achieve this, connected to the Guidelines is a FishSAFE Safety Passport process that provides the necessary training and support with minimal cost to the participants apart from one day of time to attend the training in their homeports. Since the FishSAFE programme commenced, results have shown over a 50 percent reduction in ACC claims for serious harm since 2003, for fishermen that have been though, the programme funding for similar programmes in the Maritime sector is no longer available. All cases involving serious harm are investigated – some leading to prosecution. Since 2003 MNZ has taken 16 prosecutions (five in the last 12 months) under the HSE Act. Twelve have been concluded. Most defendants pleaded guilty – one not guilty plea to date. Fines to date have totalled $102,000 (ranging from $1,000 to $38,000 with an average of $8500). Reparation to date has totalled $327,250 (ranging from $2,500 to $195,000 with an average of $25,173). Funding and ongoing support ... The FishSAFE initiative originated in 2002 supported by ACC funding of $560,000 over three years. This funding is due to expire in ... The Council discussed the current approach adopted for initiatives of this type and the need to explore the range of initiatives, financial support, funding cycles, exit strategies including realistic timeframes for implementing change. The chair thanked Maritime New Zealand for their presentation. ACTION 6.4.2.1 Requested officials to provide further information on the current funding basis and commitments for training and capability programmes, for the November meeting. Item 6.4.2: Civil Aviation Authority The Civil Aviation Authority (CAA) briefed the Council on their roles, mandates and activities as a designated agency under the HSE Act. They see the Civil Aviation and HSE legislation as complementary and, in combination, providing a complete aviation safety regulatory framework. Many industry and CAA staff are not familiar with the requirements of the HSE Act. However, the HSE Unit has conducted an initial campaign to raise aviation industry awareness of the HSE Act including content, purpose and obligations. Various factors are considered when deciding which Act, or combination of Acts, is best utilised in particular circumstances. Practical difficulties arise for both where there is no Civil Aviation rule coverage but the HSE Act is applicable. At least one occasion had arisen where it was considered that a CAA rule permitted a standard that was lower than the ‘all practicable steps’ required by the HSE Act. In this case, a rule change was initiated to make the required higher standard known in the industry. The safety performance of the agricultural aviation industry is poor and the HSE Unit has identified the industry as a priority for its efforts. It is estimated that approximately 100 pilots are currently engaged in agricultural aviation activities. Over the past eight years there has been an average of two fatalities per year in the industry. While safety performance may have been much worse at certain times in the past, a 2 percent fatality rate per annum is unacceptably high. There are usually many contributing factors. The Unit decided that a broad look across all industry sectors involved with top dressing was necessary in order to reduce top dressing accidents. This is the approach taken in the Farm airstrips and associated fertiliser cartage, storage and application safety guideline. As well, the Unit’s education and regulatory effort has focused on the agricultural aviation industry, where possible, working closely with the Department of Labour and ACC. Airlines employ the vast majority of employees exposed to occupational health and safety hazards. While the fatality rate is very low, the majority of serious harm notifications come from the airline sector. For this reason, the HSE Unit has focused on ensuring airlines have appropriate documented occupational health and safety systems and that they take appropriate action in response to accidents and incidents. Plans are in place to extend the scope of the current airlines audit process to include a physical inspection regime. The Occupational Health and Safety guideline for flight and cabin crew is nearing completion. The CAA is a member of the WHSS Government Agency Group and contributes to the Workplace Health and Safety Strategy through a range of project work. Three projects are in progress that will impact on organisational development and capability building. This work is primarily focused on internal training that will provide CAA with a broader coverage of the industry on occupational health and safety issues. Four further projects, one of which has been completed, involves the development of industry guidelines with stakeholder consultation:
The CAA is monitoring overseas research on cabin air quality and insecticides that could have an impact on the health of employees working within the scope of the HSE Act. The HSE Unit is not aware of any evidence that indicates an urgent need for action on either of these issues. However, it is worthy of note that some new aircraft, such as the Boeing 787 that Air New Zealand plans to introduce, will no longer use engine bleed air to provide cabin pressurisation. The chair thanked the Civil Aviation Authority for their presentation. WHSC STRATEGIC PRIORITIES AND ISSUES Item 6.5: Improving the interface between government agencies In June 2006 the Department of Labour and ACC agreed to work towards providing a common risk landscape and intervention model that can be shared on an ongoing basis by both agencies. The intention of the project was for it to be central to defining the future strategic relationship and interaction between the Department and ACC, and to provide a common "picture" of the current risk landscape for workplace injuries and illness. In May 2007 the NZIER was awarded the research contract which required them to product four reports. Because of data limitations the project was scaled back to two reports (Volume I: Risk Landscape and Volume II: Interventions and Evaluation). They concluded their work in early 2008. A peer review on both reports was subsequently undertaken by Dr Scott Fargher, a Senior Economics Lecturer at the Auckland University of Technology’s Faculty of Business. In his peer review, Dr Fargher commented that NZIER’s methodological approach was sound and that he saw it as a comprehensive piece of work bringing together a large body of information and building a potentially powerful framework for the assessment of existing and proposed interventions. He acknowledged that the main constraints were due to data limitations and strongly endorsed NZIER’s recommendation that the data gaps be addressed. The bulk of Dr Fargher’s comments were directed at issues identified in Volume I. He saw this volume as the formative contribution in this body of work, as it provided the input into the development of an intervention and evaluation framework applied in Volume II. Dr Fargher saw one of the key strengths of the report as being the matching framework to assess the optimal portfolio of interventions. He said it combined qualitative and quantitative aspects inherent in estimated social cost savings and allowed for the idiosyncrasies of different sectors to be effectively addressed. The NZIER were given the opportunity to respond to Dr Fargher’s review. They were largely encouraged by the review report, commenting that the reviewer had been very thorough and positive. ACTION
Item 6.6: Enforcement Policy update The decision to produce a draft Enforcement Policy arose out of the inter-agency Quality Regulation Review. It is an acknowledgement by the Department of Labour about a significant level of public uncertainty over the basis on which the Department makes decisions about regulatory interventions under the Health and Safety in Employment (HSE) Act, particularly the initiation of prosecutions. A draft of the Policy was released in early June, with the consultation period closing on 25 July. The discussion document was structured around a number of key principles, including proportionality, public accountability, fairness, prioritisation, and openness. The Department received 22 responses from a range of union representatives, employer and industry/sector groups, several public sector agencies, and several individuals. Feedback was overwhelmingly supportive, both in relation to the Department’s initiative in seeking to provide a greater degree of public transparency around its regulatory decisions, and in terms of the content in the discussion document. Four outstanding issues from the feedback have been identified:
Once the feedback has been considered by the Department, the Policy will be revised and release it in its final form (probably by the end of the year). ACTION
Item 6.7: Children’s employment The Council received a briefing on the Department of Labour’s work on children’s employment, and work that is underway to support the health and safety of young workers. The health and safety of young workers is a national priority area under the Workplace Health and Safety Strategy. Young workers are identified as "vulnerable" under the Strategy because they may be at an increased risk of suffering a work-related disease or injury. This year, the Department reviewed Part 5 of the Health and Safety in Employment Regulations 1995 (duties in relation to young persons). The review investigated:
Significant emphasis was also placed on developing relevant, innovative materials for this group of workers. These projects form part of a wider Children’s Employment Work Programme, which is the Department’s range of work for ensuring young people experience fair and productive work in safe workplaces. Young people doing contract work ... In mid June 2008, Cabinet approved amendment of the HSE Regulations to place duties on principals, similar to those that already apply to employers. This will restrict young people under 15 who are working as independent contractors, from working in hazardous workplaces or doing hazardous work. New regulations are likely to be approved in late August, early September, and come into force on 1 April 2009. Business New Zealand and the New Zealand Council of Trade Unions were consulted and broadly supported the change. This is a small but significant change to address an inequity in the HSE Regulations. Department of Labour research showed a small number of young people under age 15 worked as independent contractors, primarily as pamphlet deliverers. Unlike young people working as employees, those doing contract work may be exposed to hazards simply because of the form of their work arrangement. The policy intent behind the regulatory age restrictions is to protect vulnerable young workers who are still developing physically and mentally. This rationale applies equally to employees and contractors. The regulatory change is likely to place some restrictions on heavy lifting for pamphlet deliverers. The Department is engaging with direct marketing organisations and networks of young people to communicate this. The change will not address all the safety concerns, raised by the NZCTU and organisations such as Caritas Aotearoa New Zealand, for young pamphlet deliverers. Those wider issues are part of a scoping discussion between the Department and social partners on possible industry-developed standards of practice. Review of the age threshold - whether to raise this up to 16 ... The review of the age threshold for hazardous work is underway. Entry age thresholds involve balancing the social good of young people working (a social norm in New Zealand), young people’s rights (respecting their freedom, choices, and the value of their work), and ensuring safety. In keeping with the Youth Development Strategy Aotearoa, reviewing the age threshold will need to be transparent, consultative, and include the participation of young people. Raising the age to 16, because young people have better developed maturity, will be a safer age to commence high-hazard work. The age threshold is inter-twined with developing more coordinated processes for entry to workplaces as part of educational training which should be developed with the Ministry of Education. This work fits naturally with Schools Plus, which involves having more flexible pathways between school or education and work up to age 18. Training and supervision - for 16 to 18 year old workers ... The Department of Labour is collating data on this issue which is likely to flow through to improved guidance on training and supervision for young workers. Raising awareness - youth information ... Significant focus has gone into developing information to raise young people’s awareness of workplace health and safety and their rights in the workplace. This has been linked in with other campaigns - the "Grim Harvest" alert about seasonal fatalities, the focus on Pacific people’s safety, and engagement with schools. This work is ongoing. Data collected on queries from young people, parents and employers, and input from other stakeholder groups (schools, the UNCROC Advisory Group, and the NZCTU) will inform this work. New ways of informing young people, particularly Maori and Pacific workers, about occupational health and safety have been tested.
ACTION
Item 6.8: Process for engaging stakeholders The Department of Labour (the Department) tabled a paper on progress on the development of a Stakeholders Engagement Plan (the Plan) for consideration and approval. The purpose of the Workplace Health and Safety Council (the Council), as outlined in the Terms of Reference and Protocols (ToR), is to provide advice to the Ministers of Labour and ACC (the Ministers) on workplace health and safety matters. More specifically the ToR states that:
The Council also previously stressed the need to:
[1] See discussion on the Implementation Roadmap (Council meeting of 6 November 2007, Paper 3.7.6) The Council discussed engagement issues at its 15 May meeting. Council agreed to proactively engage with stakeholders to inform its advice and to provide the Council with further public profile. Paul Jarvie (for Business NZ) and Rosaleen Loughman (for NZCTU) were delegated to work with the Department of Labour to develop options for a Council Stakeholder Engagement Plan. Paul and Rosaleen’s feedback on the first iteration of the Plan identified the need to clarify who, when and how engagement is to be carried out, and to ensure consultation is grounded, and solutions focused. The Council has received advice and briefings on health and safety issues in New Zealand, but has not provided formal advice to Government. It is anticipated that a stakeholder engagement process will support the development of Council advice to the Ministers on health and safety issues. Based on Paul and Rosaleen’s feedback on the Plan and earlier Council input on the Implementation Roadmap, a three step engagement process: Step 1 focuses on identifying the priority issues for New Zealand workplaces; Step 2 engages stakeholders on practical solutions; Step 3 encourages stakeholders to take ownership of health and safety within their communities of interest. The Plan outlines how the Council can engage with key stakeholders over the next 12 months. It includes a calendar of engagement opportunities to inform the Council’s ongoing activities. It was proposed that this calendar become a standing General Business agenda item for future Council meetings. The four key communities of interest include: employers, workers, practitioners and Government. While these communities are high level, the Council and the Department are well placed to run engagements through their own networks. Specifically, the forthcoming review of the Workplace Health and Safety Strategy provides concrete opportunities to canvass views on the priority issues for workplace health and safety in New Zealand. The benefits of this approach are to:
Combined, these two outcomes would provide a practical demonstration of the Council’s leadership role in health and safety in New Zealand. ACTION
Item 6.9: Principal’s guide to contracting to meet the HSE Act 1992 The Council received a briefing paper on the Department of Labour’s draft guidance for principals to contracts. The guide is to help businesses meet their duties under section 18 of the Health and Safety in Employment (HSE) Act 1992, and to encourage greater consideration of health and safety. The 2007 Quality Regulation Review, led by the Minister of Commerce, highlighted business concerns about liability for the actions of contractors. The guidance was proposed in response to the Quality Regulation Review and other issues. Contracting practices are a significant issue in key sectors for the health and safety inspectorate. There is a steady rate of prosecution under section 18 of the HSE Act. Injury and fatality rates are high in the agriculture, forestry, public utility, and construction industries; contracting is well-recognised as an underlying contributor to accident rates in each of these sectors. On a more positive note, there has been recent work to encourage responsible contracting, and the Department and others have been promoting the benefits for workplaces of well-managed contracts. The courts are very clear that health and safety obligations are fundamental to the relationship between principal and contractor. This isn’t as clearly understood in some sectors and many workplaces, and significantly undermines workplace safety. The approach of the guidance is to spell out the duty, with various examples from the case law. It then provides a "good practice" framework, for principals to meet their duties for contractor safety. Initial reaction to the guidance has been positive and there has been some interest from the construction and service sectors. The table on pages 8-9 of the guidance:
Essentially the guide is encouraging businesses to be systematic about managing contracts for health and safety in the same way as it manages financial or other resources. It is expected that the process will be adapted to specific contractual situations or industries. Not all steps of the process will be applicable to all contracts, but principals to contracts can refer to the framework when drawing up their own "best practice" approach to health and safety. After consultation and review the document will be used as a lead in for sector groups to develop their own industry-specific materials on good contracting practice to meet the HSE Act. It will be published in a more appealing format, with illustrations and more use of graphics to make the process clearer. Shorter versions for particular audiences, such as the construction, service and other sectors, and for SMEs will also be developed. ACTION
CONCLUSION Item 6.10: Agenda items for 18 November meeting 6.10.1 Agreed agenda items for the 18 November 2008 meeting:
Item 6.11: General business
The Hazard Handler is available on the Department of Labour’s website www.dol.govt.nz. ADDITIONAL PAPERS Council Members were provided the following additional papers:
Meeting closed 1.45pm, Tuesday 26 August 2008 Next meeting 09.00-1.00, 18 November 2008, Meeting Room 2.04, Beehive Chair Helen Kelly |
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