New H&S enforcement measures proposed

WorkSafe NZ unveils new penalty scheme for offenders

The Health and Safety Reform Bill is expected to come into effect later this year. The latest update from WorkSafe NZ explains how the Bill will include a tiered fine and penalty regime based on recommendations from the Independent Taskforce on Workplace Health and Safety.

The proposed system is based on three offence categories, with three internal tiers distinguishing between individuals and corporate entities.

Greater regulatory powers

The proposed bill also expands regulators’ compliance and enforcement tools. Currently, inspectors can issue prohibition and non-disturbance notices to workplace controllers or managers.

Under the Bill, they will also have the power to issue improvement notices, which stipulates a period to fix an identified hazard.

Inspectors will also be able to issue an offender with an infringement notice, requiring them to pay a fine. An infringement offence will be a breach of specific obligations in the Bill or in regulations.

The sum of each fine will be set out in the regulations. A person issued with an infringement notice will have limited grounds to challenge the decision in court.

The Bill also makes several new court orders available, including the ability for a district court to order a person to take specific steps for the general improvement of work health and safety.

Courts will also be able to make adverse publicity orders, which could include requiring an offender to publicise or advise specific people of the offence, its consequences and the penalty imposed.

“Under the Bill, [inspectors] will also have the power to issue improvement notices, which stipulates a period to fix an identified hazard

Case in point

A Christchurch builder was fined $18,000 in the Christchurch District Court late last year for failing to comply with a prohibition notice.

WorkSafe inspectors issued the notice after finding workers re-roofing a residential property with no fall protection in place. When inspectors returned five hours later, they found the same workers back on the roof despite the prohibition notice remaining in place.