The lengthy gestation period of the proposed legislation has aggravated employer uncertainty about the implications of the proposed legislation and its wider definitions of who is responsible for health and safety. The Bill introduces the concept of a Person Conducting a Business or Undertaking or 'PCBU'. PCBUs will have primary duty of care for health and safety at work.
A PCBU will usually be a business entity, such as a company, rather than an individual person, but may also be a sole trader or a self-employed person. A not-for-profit organisation that employs admin staff might also be a PCBU. Upstream PCBUs, such as suppliers of workplace plant, substances and structures, also have duties under the proposed legislation. Where a project involves multiple PCBUs, they will have a duty to consult and work together to ensure safe workplaces. Workers and some volunteers will also have duties under the Act.
Pushback to the Bill in Parliament has centred on concerns about the impact of the legislation on small businesses, worst case scenario being excessive red tape with no reduction in accidents. This has driven some adjustments. While the law will apply to all businesses in New Zealand, regardless of size, it is anticipated that there will be some distinctions between conditions for low risk small businesses and high risk. For example:
- Low-risk small businesses will need worker participation processes that are effective for their business needs, size and risk but won't have to respond to a worker request to have a H&S representative or committee, whereas
- High-risk small businesses will need to have a H&S safety representative if their workers request them
For more information, please refer to : http://www.business.govt.nz/news/get-ready-for-health-and-safety-law-changes