This legislation replaces the health and safety in employment act 1992 hse act. For a health and safety action plan to work at its best, you have to present the processes that the business needs to execute as well as the actual action plans that will be designated to. The definition of smoke was been expanded to include all. The health and safety in work act was passed by parliament in august 2015. Next week, on monday 4 april, the longawaited health and safety at work act 2015 hsw act comes into force. If youre a small business, what do you need to do to ensure youre covered under the new legislation. Practical guide for boards of trustees and school leaders. Health and safety reform bill and the health and safety at work act 2015 1.
Health and safety at work act 2015 christs college. The health and safety at work act 2015 duncan cotterill. Assent 21st january, 2002 commencement 1st february, 2002 1. Information on health and safety at work act hswa 2015. Toomas annotated health and safety at work act 2015. The health and safety at work act 2015 hswa is a critical part of working safer, the governments blueprint for improving new zealands workplace health and safety system.
How the new health and safety at work act will impact your. Health and safety at work act 2015 hswa the health and safety at work act 2015 hswa is new zealands key work health and safety law, and came into effect monday 4th april 2016. The health and safety act came into effect in april 2016. Each bill goes through several stages, giving mps and the public the chance to have their say. This includes risks to both physical and mental health. At 652 pages and full of useful information, toomas book is an excellent and comprehensive resource for everyone in the practice of health and safety law, but its utility is further reaching than. Health and safety legislation update october 20 changes to the health and safety at work etc.
New legislation which came into force in new zealand on april 4 2016 has shaken up how businesses deal with health and safety concerns in the workplace. In this act, unless the context otherwise requires, reasonably practicable, in relation to a duty of a pcbu set out in subpart 2 of part 2, means that which is, or was, at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up. Only those selfemployed persons who conduct undertakings of a prescribed description will have an obligation to conduct their undertaking in such a way as to ensure that, so far as is reasonably practicable. The act places a duty on employers to ensure that all workers are healthy, safe, and have general welfare at work, where reasonably possible. They set out what people involved in construction work need to do to. Health and safety at work act 2015 1 the health and safety at work act 2015 comes into force on 4 april 2016.
Working safer is aimed at reducing new zealands workplace injury and death toll by 25 per cent by 2020. Applies to previous plus nonprofit organisations, trainees, outworkers, students on work experience. Its part of a reform package that aims to reduce new zealands work related illness, injury and fatality figures by. Duty of pcbu who manufactures plant, substances, or structures.
The health and safety at work act 2015 hswa is new zealands key work health. In this act, unless the context otherwise requires, reasonably practicable, in relation to a duty of a pcbu set out in subpart 2 of part 2, means that which is, or was, at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters, including. The good news is that if were already doing the right thing under the old law then its unlikely that you need to make major changes. Health and safety at work act 2015 public act 2015 no 70 date of assent 4 september 2015 commencement see section 2 contents page 1 title 10 2 commencement 10 part 1 health and safety at work subpart 1preliminary provisions 3 purpose 10 4 transitional, savings, and related provisions 11 subpart 2application of act 5 application of act to. The health and safety at work act 2015 means that you will have to adapt your business to conform with the latest changes.
The act and related regulations require that workers and others are given the highest level of protection from workplace health and safety risks, so far as is reasonably practicable. Safety at work act 2015 hswa means for students on work experience and host employers. Act 1974 the 1974 act was amended by the deregulation act 2015 c. There have been big improvements over recent years in reducing the number and rate of injuries to construction workers. However, these duties are qualified with the words so far as is reasonably practicable. This act is administered by the ministry of business, innovation, and employment. Worksafe nz is leading implementation of health and safety reforms, with contributions from transport agencies involved in health and safety activity, including maritime new zealand mnz. A guide to new zealands key work health and safety law and its regulator.
Employers must protect the health, safety and welfare at work of all their employees, as well as others on their premises, including temps, casual workers, the selfemployed, clients, visitors and the general public. Health and safety at work act 2015 hswa new zealand. It introduces new responsibilities for managing the work related risks that could cause serious injury, illness or even death. Health and safety in employment act 1992 health and safety at work act 2015 applies to employers, employees and contractors. Although businesses have little in common with coal mines, but our client businesses including farmers, orchardists, grape growers, retailers, service providers, and professionals, are affected by the health and safety at work act 2015, passed in large part as a result of the 2010 pike river coal mine disaster. The health and safety at work act 2015 hswa is new zealands key work health and safety law. The health and safety action plan that you will make must contain clear regulations, policies and procedures. The health and safety at work act 2015 hswa is largely based on the australian work health and safety law but with changes to reflect the differences between the new zealand and australian working environments. Hswa below, and share it with your teams or download a pdf file of the health and safety at work act presentation here.
The deregulation act 2015 health and safety at work general. Health and safety at work etc act 1974 pdf legislation. The changes will expand the smokefree places act to cover electronic cigarettes and water pipes such as hookahs. Introduction to the health and safety at work act 2015 special. Health and safety is an issue that impacts virtually all companies and organisations in new zealand and the act has the potential to.
It provides a significant change to new zealands current health and safety legislation, and is a response to the scrutiny placed on our health and safety practices following the pike river. The enterprise and regulatory reform act 20 comencement no. Maritime new zealand administers the health and safety at work act 2015 and associated regulations for work on board ships and where ships are places of work. The health and safety at work act 2015 and related regulations apply to employees and contractors. The government has set an ambitious target of at least a 25 percent reduction in workplace injuries and fatalities by 2020. Information on health and safety at work act hswa 2015 version 2 issued 5 march 2016 2 workers a worker is an individual who carries out work in any capacity for a pcbu. A pcbu must ensure, so far as is reasonably practicable, the health and safety of workers who work for the pcbu, while the workers are at work in the business or undertaking. Health and safety at work act 2015 no 70 as at 01 october. Three new books on the health and safety at work act 2015. Worksafe new zealand is the work health and safety regulator although other agencies can be designated functions for certain sectors. Health and safety in employment act 1992 vs health and. The health and safety at work act 1974 hasawa lays down wideranging duties on employers. December 11, 2015 december 11, 2015 by gillian robinson health and safety at work 2015 implications for aged care and retirement villages ive been working through the new health and safety at work 2015 legislation and have concerns about how this applies to not only care facilities and new reporting requirements, but also to villages.
As a result, new zealands work health and safety system underwent its most. Hswa requires health and safety work risks to be managed. Health and safety reform bill and the health and safety at. Health and safety at work act 2015 ministry of education. Bills are proposals to make a new law or to change an existing one. In 20 the independent taskforce on workplace health and safety reported that new zealands work health and safety system was failing. Introduction to the health and safety at work act 2015. The health and safety at work act 2015 is new zealands workplace health and safety law. Working together to ensure that everyone who goes to work comes home healthy and safe 2. Construction health and safety for the construction industry. Safety regulations are the strongest form of official advice that employers have to follow, and they are legally enforceable. About the new act the focus of the new health and safety at work act is to protect workers and other people against harm to their health, safety and wellbeing by eliminating or minimising risks at work.
Health and safety at work 2015 implications for aged care. Regulations are made by government ministers, often following proposals from the health and safety executive hse, and approved by parliament. Health and safety at work bill new zealand parliament. Act 1974 section 69 of the enterprise and regulatory reform act 20 erra came into effect in october 20 by order of the secretary of state. The deregulation act 2015 health and safety at work general duties of self.
Health and safety at work quick reference guide worksafe. Worksafe nz health and safety at work on 4 april 2016, the health and safety at work act hswa came into force bringing new responsibilities for everyone in the workplace. Health and safety at work an act to make provisions relating to health and safety at work and for connected purposes. Cdm 2015 come into force in great britain on 6 april 2015. A pcbu is a person conducting a business or undertaking. The nova scotia smokefree places act was updated may 31, 2015 and the changes have the potential to affect how occupational health and safety officers can enforce this act. The new law is part of a reform package aimed at reducing the number of serious workrelated injuries and deaths in new zealand by at least 25 percent by 2020. On 4 april 2016, the health and safety at work act 2015 will come into force. They broadly cover the general management of health and safety at work, work processes e. Finally, the heavyweight of the three books is toomas annotated work. We prefer to use clear language when talking to you about workplace health and safety. Regulations in support of the hswa have been finalised, and.
New act came into force on 4 april 2016 business owners and directors have a responsibility of duty of care to those who work for them or visit their premises these changes require them to exercise due diligence to ensure their business complies with its health and safety responsibilities the cost of getting it wrong is high the penalties. New zealands new health and safety at work act 2015 hswa came into effect on april 4th 2016, along with the majority of the first phase of regulations to support the new health and safety at work legislation. Act 1974 is up to date with all changes known to be in force on or. The health and safety at work act 2015 hswa is new zealands workplace health and safety law. It provides a significant change to new zealands current health and safety legislation, and is a response to the scrutiny placed on our health and safety practices following the pike river tragedy. The deregulation act 2015 health and safety at work. Health and safety at work act 2015 venues wellington. Health and safety at work act 2015 wednesday 17 may, 2017 new zealands poor health and safety record in the workplace has led to significant reforms in the law and the organisations governing this area.
Health and safety at work act 2015 terms and definitions. Health and safety at work act 2015 public act 2015 no 70 date of assent 4 september 2015 commencement see section 2 contents page 1 title 10 2 commencement 10 part 1 health and safety at work subpart 1preliminary provisions 3 purpose 10 4 transitional, savings, and related provisions 11 subpart 2application of act. Passed as an act of parliament, the health and safety at work act came into law in 1974 and is the main piece of health and safety legislation in the united kingdom. However, the primary source of information must be the hswa itself, the regulations made under the hswa and worksafe new zealand worksafe. The hsw act places obligations on everyone in a workplace to take care of their own health and safety, and the health and safety of others.
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