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Franchisee Presentation

Franchisee Presentation. Health, Safety & Wellbeing. Why – Recap. primary duty of care: to ensure health and safety of workers (its own and sub-contractors) to ensure health and safety of others not put at risk by PCBU’s business activities “so far as is reasonably practicable”

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Franchisee Presentation

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  1. Franchisee Presentation Health, Safety & Wellbeing

  2. Why – Recap • primary duty of care: • to ensure health and safety of workers (its own and sub-contractors) • to ensure health and safety of others not put at risk by PCBU’s business activities • “so far as is reasonably practicable” • PCBU must ensure, so far as is reasonably practicable: • provision and maintenance of a work environment that is without risks to health and safety • the provision and maintenance of safe plant and structures • the provision and maintenance of safe systems of work • safe use, handling, storage of plant, substances, and structures • provision of adequate facilities for the welfare at work of workers • provision of any information, training, instruction, or supervision • health of workers and the conditions at the workplace are monitored

  3. WHY - The Three C’s & Due Diligence • Consult: • Co-Operate: • Co-Ordinate: • Due Diligence: • Keep up to date knowledge of H&S matters • Understand the nature of the business, including Hazards and Risks • Ensure PCBU has appropriate resources and processes to manage risks to H&S • Ensure PCBU has appropriate processes for monitoring incidents, Hazards & Risks • Ensure PCBU has appropriate processes for complying with H&S duties & Obligations • Verify the provision and use of resources and processes

  4. WorkSafe Targets & information

  5. Enforcement Trends • 44 convictions under HSWA • 21 enforceable undertakings • 0 prosecutions against directors $266,974 Average fine for the 23 cases where a fine was ordered (with no reduction for financial capacity)

  6. Enforcement trends 2017/2018

  7. WorkSafe NZ versus Linfox (NZ) Ltd • Affected companies were: • Linfox NZ Ltd • Progressive Ltd (The SupplyChain Ltd) • Bulldog Haulage Ltd • Overlapping duties of PCBU’s under the Act • Breach of Duty to consult other PCBU’s ($100K max fine) might also constitute a breach of the PCBU overarching duty (s36) to ensure the safety of its workers as far as “Reasonably Practicable” ($1.5m max fine) • WorkSafe NZ has broad discretion when determining the charges to lay against PCBU’s

  8. WorkSafe NZ versus Athenberry Holdings Ltd • Affected companies were; • Athenberry • Hume Pack n Cool • Zespri • AGFIRST • Under the Act, must manage the risk that they have the ability to influence or control to which the risk relates • PCBU – • Control of the person carrying out work • Provision of advice • Specification, conduct or methods of work • Reporting requirements between PCBU’s • Supervision

  9. National Franchisee Network Depots = 49 Anchor: 30 Tip Top: 11 Combined: 8 North Island total: 36 South Island total: 13 Franchisee = 70 Anchor: 50 Tip Top: 20 Combined: 4 of the 70 are looking after Brands and Tip Top

  10. WHAT - Audit Schedule Nationwide Audit is needed and to include: • Review and update of Risk Assessment across all four areas of: • Occ Safety • Environment • Security • FSQ • Upskilling of Fonterra team to undertake Risk Assessment of Depots for: • UNI • LNI • CNI • SI

  11. WHAT - H&S Themes • Delivery Access - (shared/over public access; footpaths/roads, potholes, gravel yards, manual or no dock levellers). • Use of Fonterra owned equipment; Forklifts, pallet jacks – • Welfare facilities - toilet/hand washing facilities • Contractor Management • Housekeeping • Traffic Management • Reporting of near miss events, events & hazard reporting • H&S Management plans

  12. Roles & Responsibilities in H&S Clarification of roles & responsibilities is needed, upskilling of OOH team and Franchisee’s around H&S compliance requirements: • Depot Risk Assessments • Depots facility management – (maintenance and repairs, actions around property hazards, consumable ordering for some depots) • Franchisee relationship, event & hazard management, actions around procedures/behaviours from events/hazards • H&S Management plans and compliance under HSWA2015

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