Governance and the role of the regulator in health and safety

1. Governance and the role of the regulator in health and safety The Public Sector Conference 5 September 2013 Rutherford House, Pipitea Campus Presentation by Hazel Armstrong

2. The 1984 Labour Cabinet

3. 1990 - a National Govt

4. The 2008 National Cabinet

5. Catastrophic failures • Rail safety – the Tranz Rail Inquiry 2000 • Mine Safety – the Pike River Tragedy 2010 • New Zealand’s poor health and safety record, when compared internationally. • Lessons learnt: • Poor leadership by Government from 1980’s • A hands off regulator • A system which left employers to set standards • A lack of will by the regulator to enforce standards • A failure by government agencies to support worker participation • Insufficient funding to support an effective regulator

6. The Objective that Govt wants us achieve in health and safety A 25% reduction in serious workplace injuries by 2020 • By 2016 a 10% reduction • By 2016 a 10% reduction in work related ACC claims for more than one week away from work • Working Safer – A blueprint for health and safety at work

7. How the Govt intends to achieve the objective? • Major reform is being proposed • A new stand alone Crown Agency is being formed – WorkSafe New Zealand • New legislation- The Health and Safety at Work Act • A new strategy • Increased funding to support the reform • A determination that ACC, WorkSafe and MBIE will work together and in partnership with stakeholders • Government will have a bigger role in supporting and enforcing worker participation at all levels in the system

8. The role of Government Agencies • MBIE will continue to have a leadership role for general policy and system wide advice to government on health and safety at work • MBIE will lead the development of the new Act and regulations.

9. WorkSafeNew Zealand • A new stand alone Crown entity with a sole focus on workplace health and safety, by December 2013(not part of MBIE) • WorkSafe administers the Act. • Govt has said that WorkSafe’s role will be to enforce compliance with the workplace legislation; develop codes of practice; foster co-operative consultative relationships between duty holders, workers and their representatives • ACC and WorkSafe will develop a partnership agreement and ‘share’ a Board member • The Board will include the workers’ perspective

10. Worker participation and tripartism The Taskforce has recommended that the Government implements and enhances increased worker participationat all levels of the system • At Board level • In advisory groups • In standard setting • Developing and reviewing safety cases • In the workplace

11. What is tripartism? • Tripartism involves the government regulator, employers and unions working together to improve health and safety outcomes. (The Taskforce Report) • Tripartism is reflected in engagement between Government and peak representatives of workers and employers. • The Royal Commission into the Pike River Coal Mine Tragedy found a key reason for the regulator being ineffective was that it had no “shared responsibility at governance level, including the absence of an active tripartite body”. • The Robens model of health and safety needs to be done on a tripartite basis, with the representatives of employers and workers actively engaged in the development of regulations, codes of practice and guidance material

12. Why tripartism? • It would meet New Zealand’s obligations under ILO Convention 155 • Representatives of workers bring direct experience of the workplace • It is workers who are being harmed • It acts as a check and balance in the work of the regulator • It develops mutual understanding and engagement between the parties

13. What would tripartism look like? • At Board level • Independent non executive chair • 2 CTU representatives on the Board • 2 representatives of business • 1 member representing iwi • 3 specialists with expertise in health and safety • Legislation would provide for this

14. A joint injury prevention plan is needed to support worker participation • High risk groups identified by Govt include: • Forestry, construction, manufacturing and agriculture, and “hard to reach” workers

15. A joint injury prevention plan is needed to support worker participation • The Govt objective of health and safety rep training is to: • Improve worker participation • Involve all workers (not just employees) • Encourage workers to speak up about what is not working and offer suggestions • Increase the understanding of the power of the health and safety rep which will include directing unsafe work to cease, issuing provisional improvement notices • Enable participation in consultation and committee processes • Create more connections between inspectors and health and safety representatives

16. How can we meet Govt’s objectives?Enabling the workers perspective • Enabling participation – time off work • Co-ordination of the worker representatives • Right of access to “hard to reach workers” to consult about hazards/risks • Training of worker representatives • resources

17. How can we meet the Govt’s objectives? Training • Staged education for health and safety representatives - linked in to NZQA levels 1-6 • New stage 4 training to enable health and safety representatives to participate in standard setting, industry advisory groups, safety case development and review, fully funded by Govt/ACC • New stage 5 training for health and safety representatives to be involved in the development of the strategy, fully funded by Govt/ACC • A pathway to the level 6 NZQA Diploma in Occupational Health and Safety

18. Challenges ahead for Government agencies to meet objectives • “success requires Government, businesses and workers to work collaboratively to drive solutions” • “success requires breaking down the “us and them” barriers in order for everyone to recognise their shared purpose” Hon Simon Bridges Minister of Labour

19. Challenges ahead for Government agencies • “ all influential stakeholders need to step up and be accountable for workplace health and safety” • Independent Taskforce • “Government is committed to working with businesses and workers to implement a comprehensive package of system wide changes.” • “Collective action and shared responsibilities throughout the system – by workers, business and government – will be needed to ensure success of the new health and safety system.” • Working Safer – a blueprint for health and safety

20. Conclusion • A new way of thinking • Govt agencies must work together • Workers and their representatives must be involved at all levels