Industry demands clarity in health and safety reforms

An industrywide survey conducted by Site Safe New Zealand shows optimism toward the direction of proposed health and safety reforms – but also signals strong demand for practical guidance and improved clarity to make the reforms workable on site  

Conducted in June, the survey included responses from businesses and health and safety professionals across New Zealand’s construction sector on the proposed health and safety reforms. The key results were: 

• 85% support a stronger focus on critical risks. 

• 95% agreed clearer guidance is needed to support reform. 

• 79% support clearer definitions of roles and responsibilities. 

• 95% support greater use of Approved Codes of Practice (ACoPs). 

• 69% agreed that the WorkSafe Enforcement operating model should change. 

• 59% agreed small businesses should have fewer obligations. 

The results indicate strong industry backing for reforms that prioritise serious harm prevention and shift the focus toward managing critical risks. 

At the same time, a striking 95% of respondents identified clearer guidance and up-to-date, industry-developed ACoPs as essential to successfully implementing those reforms. These were viewed as key tools for improving consistency and ensuring businesses can understand and meet expectations. 

Site Safe New Zealand Chief Executive, Brett Murray said: “Businesses want to focus on the risks that cause the most serious harm, but they need clear guidance and well-designed tools to do that confidently.” 

Concerns over ‘low-risk’ exemptions 

Support for reducing health and safety obligations for smaller businesses undertaking “low-risk” work was notably lower than for other reforms, at 59%. Many warned this approach could be problematic in construction, as risk is often unrelated to business size. 

In fact, 44% of respondents said such changes could actually worsen outcomes if not clearly defined. 

“In construction, size doesn’t determine risk – often it’s the smaller contractors and sub-trades that carry out the highest risk work,” Murray said. 

HazardCo Senior Health and Safety Advisor Evette McClure echoed this concern, warning that the proposed risk-based approach to scaffolding rules could undermine hard-won gains in reducing falls from height.

“Relaxing scaffolding rules in ‘low-risk’ situations could significantly affect the progress made in this space, and caution should be taken in relaxing these rules,” she said. 

Industry calls for collaborative reform 

The survey also highlighted a consistent call for reforms to be developed in collaboration with the sector. Respondents expressed concern that top-down regulatory changes may miss the mark if not grounded in site-level realities. 

Murray said the industry was not opposed to change, but needed to be part of the process. 

“This survey gives Government a clear message: work with us, make the rules practical, and give businesses the confidence to apply them,” he said. 

Minister’s response 

Workplace Relations and Safety Minister Brooke van Velden welcomed the survey results, saying they confirm that the Government’s reforms are targeting the right areas and reinforce its focus on improving guidance and expanding the role of ACoPs. 

“I am pleased to see overwhelming support from the construction sector for the reform’s increased focus on guidance and critical risks,” she said. 

She said legislative changes are also underway to clarify that compliance with an ACoP constitutes compliance with health and safety obligations. Reforms will also enable industry groups and individuals to initiate work on new ACoPs, rather than relying solely on WorkSafe to lead the process. 

Van Velden confirmed that WorkSafe is already collaborating with the sector to develop an ACoP on overlapping duties. 

“The industry is asking for clarity and practicality, and that is what I’m delivering,” she said. 

Van Velden did not comment on the lower level of support for reducing health and safety obligations based on business size or risk classification. 

Industry body criticism 

Despite van Velden’s confidence, criticism of the Government’s wider red tape reforms has come from multiple industry bodies.  

Mike Cosman, Chair of the New Zealand Institute of Safety Management, believes the proposed health and safety reforms miss the mark are focused on the wrong thing – “the cost of prevention to businesses and not the much greater costs of harm”. 

“Apart from some improvements to guidance development by WorkSafe, Minister van Velden has ignored advice from employers, workers and experts,” he said.