CHANGES TO HEALTH AND SAFETY LEGISLATION MARK SCULLY, WORKSAFE NZ - Your logo here
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
CHANGES TO HEALTH AND SAFETY
LEGISLATION
MARK SCULLY, WORKSAFE NZ
Your logo here
ABOUT WORKSAFE
Everyone who goes to work comes home healthy
and safe
Your logo here
ABOUT WORKSAFE
• >13000 proactive Workplace assessments annually
• 3500 high hazard assessments, inspections, audits and safety
cases and regulatory visits.
• 1000 investigations of workplace accidents annually
• HSNO functions
• Receive & respond to notifications and reported risk or harm
• Other programmes
• Canterbury rebuild
• Energy Safety
• National Programmes e.g. Safer Forestry, Safer Farms
• Guidance and information
Your logo here
ABOUT WORKSAFE
Practice &
Intervention
Quality
strategy
framework
Operational
Prioritising policy Guidance
decision-
work
making
Root cause
analysis
Your logo hereGUIDANCE & STANDARDS
May 2014 = 8 staff
July 2014 = 26 staff
Your logo here
SEPTEMBER 2014 5HEALTH AND SAFETY REFORM BILL UPDATE
(to become the Health And Safety At Work Act)
• Currently at Select Committee – due to report by 29 May 2015
• Changes will be available at www.legislation.govt.nz
• 4 month transition between Act passing and commencement
Your logo hereOFFICERS AND PCBU (Person Conducting a Business or
Undertaking)
• Officers required to exercise due diligence to ensure that the
PCBU complies with its duty
• PBBU is the entity conducting the business or undertaking ranging
from an enterprise to a self-employed person, also includes
contractors, sub-contractors
Your logo herePRIMARY DUTY OF CARE
• Defines the requirements on a PCBU to look after the worker it
employs or engages, and those workers influenced or directed by
the PCBU
• Ensure other persons’ health and safety not put at risk from the
conduct of the business or undertaking
Your logo hereDUTY TO CONSULT, COOPERATE AND COORDINATE
• Each PCBU has a direct duty to their own workers and other
workers in the workplace
• PCBUs must consult, cooperate and coordinate on health and
safety matters where there is more than one PCBU in a work
environment
• Each PCBU must discharge its duty to the extent possible based on
its capacity to influence
Your logo hereUPSTREAM ACTIVITIES
• Specific duties are placed on PCBUs who are upstream in the work
supply chain
• Explicit duties exist for importers, suppliers, designers and
manufacturers of workplace plant, substances or structures, and
those who install, construct or commission plant and structures
that are to be used at or as workplaces
Your logo hereWORKER ENGAGEMENT, REPRESENTATION &
PARTICIPATION
PCBU must:
• engage with workers on of health and safety matters
• provide opportunities for workers to participate in improving
health and safety
The PCBU and/or workers can choose to have Health and Safety
Representatives (HSRs) and/or a Health and Safety Committee, or
choose to have neither
Your logo hereHEALTH AND SAFETY AT WORK REGULATIONS UPDATE
• Regulations are being prepared in parallel to development of the
new Act
• Giving effect to recommendations of Taskforce and Pike River
Royal Commission
• Regulations expected to be in place shortly after Act is passed
• Two phase approach to the task
Your logo hereHEALTH AND SAFETY AT WORK REGULATIONS UPDATE
PHASE ONE
• Five areas of focus:
o General risk and work place management
o Worker participation, engagement and representation
o Work involving asbestos
o Major hazard facilities
o Work involving hazardous substances (delayed)
• Transfer regulations for mining, petroleum, adventure activities
and levy funding
• Enabling the remaining HSE regulation to remain in force until
Phase 2
Your logo herePHASE TWO REGULATIONS
• Replacing remaining HSE regulations with regulations covering:
o Hazardous work
o Plant and structure
o Quarries
o Geothermal operations
o Further improvements to the hazardous substances
regulations
Your logo hereASBESTOS REGULATIONS
Based on the Australian Model regulations
2 key requirements:
• Work with asbestos is prohibited unless it is of a type authorised by the
regulations, and meets the requirements set out in the regulations
• Exposure to airborne asbestos in a workplace is eliminated to the extent
that it is reasonably practicable
Your logo hereASBESTOS REGULATIONS – New Requirements
• Airborne contamination standard
• Asbestos register
• Competency
• Licensing for removal
• Asbestos-related work
• Health monitoring
• Soil contamination
Your logo hereAIRBORNE CONTAMINATION STANDARD
• 0.1 respirable asbestos fibres/ml of air
Your logo hereASBESTOS REGISTER
• Identify
• Register
o built before 1 Jan 2000
o 30 - 40,000 buildings
o 5 year transitional period
• Management Plan
Your logo hereCOMPETENCY
• Workers
• Asbestos surveyors
• Assessors
o Clearance certificates
• 3 year transitional period
Your logo hereLICENSING
• Class A – friable or high-risk
• Class B- non-friable
• 10 m2 exemption
• 3 year transitional period
Your logo hereASBESTOS-RELATED WORK
Controls
• Identification
• Health risks
• Separating work area
• Air monitoring
• Decontamination
• Disposal
Your logo hereHEALTH MONITORING
• Licensed removal work
• Other ongoing work
Your logo hereCONTAMINATED SOIL – current position
• Position statement
• WorkSafe recommends WA Guidelines
Your logo hereCONTAMINATED SOIL – proposed position
• Soil contamination standard not set
• Not contaminated
• No visible ACM or friable asbestos or
• Visible friable asbestos – less than trace levels determined by
prescribed testing method
• Safe Work Instrument – will prescribe testing method
Your logo hereHAVE YOUR SAY
Exposure draft – see MBIE website
Email submissions to
HSWregs@mbie.govt.nz
By 15 May 2015
Your logo hereHAZARDOUS SUBSTANCES REGULATIONS – PHASE 1
• Longer timeframe than other Phase 1 regulations
• Exposure draft of regulations expected by November this year
• Expect regulations to come into effect in July 2016
Your logo herePROPOSED CHANGES
• ‘Lift and shift’ of workplace controls to WorkSafe NZ
• Making improvements where possible to current controls
• Intent is to simplify the regime and increase compliance
• Based on HSNO Act requirements with some changes to codify existing
good practice
• To be reviewed in Phase 2 so they are fit-for-purpose and simplified as
much as possible
Your logo here
WORKSAFE NEW NOVEMBER 2013 27BEFORE AFTER
EPA (HSNO Act) EPA (HSNO Act)
Approves hazardous substances Approves hazardous substances
Hazard classification, risk assessment, decision making Hazard classification, risk assessment,
decision making
Sets controls - all sectors / whole lifecycle
Sets controls – labelling, safety data sheets (SDS),
Compliance - all sectors / whole lifecycle
packaging, environmental and other non-workplace
Overseeing enforcement by other agencies controls
Monitoring and reporting Compliance (importers and manufacturers, general
Manage test certification regime public)
Enforcement of importer and manufacturer
requirements (labels, SDS, packaging, product
composition, information requirements, approvals)
Overseeing enforcement by other agencies
Monitoring and reporting
WorkSafe (HSNO Act) WorkSafe (HSNO Act)
Enforcement of hazardous substances in workplaces Enforcement of hazardous substance environmental
and disposal controls in workplaces
WorkSafe (HSW Act)
Enforcement of hazardous substances in workplaces
Sets controls – workplace use, human health and safety
Guidance and standards
Manage test certification regime
Your logo hereHazardous Substances Regulations
– Key Proposed Changes
• Inventory
• Risk assessment
• Information, instruction and training
• Emergency management
• Labelling
• Safety data sheets
• Waste products
• Test certification.
Have your say on all the changes when the exposure
draft comes out in November
Your logo hereINVENTORY
• An inventory will need to be prepared and maintained for all
hazardous substances used, handled, manufactured or stored at
the workplace
• The inventory must be readily accessible to any emergency service
worker attending the workplace
• Alternative requirements for transit depots
Your logo hereCHANGES - RISK ASSESSMENT
• There will be specified matters that must be taken into account
when managing risks to health and safety associated with
hazardous substances
Your logo hereCHANGES – INFORMATION INSTRUCTION AND
TRAINING
• Instruction and training provided to workers is to be based on any
relevant standards recognised by WorkSafe NZ
• Test certifiers will be required to check compliance with the
proposed information, instruction and training requirements
before issuing or renewing a location test certificate
• Requirements for the supervision of workers handling hazardous
substances
Your logo hereCHANGES – EMERGENCY MANAGEMENT
• New Zealand Fire Service may review hazardous substances
emergency plan
• Any recommendations made by the New Zealand Fire Service
need to be taken into account
Your logo hereCHANGES – LABELLING
• Simplified requirements for the workplace labelling of hazardous
substances if:
o they are transferred/decanted into a portable container or
are manufactured at the workplace; and
o they will not be supplied to a person outside the workplace
Your logo hereCHANGES – SAFETY DATA SHEETS
• The current safety data sheet must be readily accessible to a worker
or any other person who is likely to be exposed at the workplace
Your logo hereCHANGES – WASTE PRODUCTS
For hazardous waste products :
• Labelling requirements for storage containers
• Requirements for Safety Data Sheets
Your logo hereCHANGES – TEST CERTIFICATION
There will be changes to the test certification regime
Your logo hereTRANCHE 1 GUIDANCE – 41 PROJECTS
ACOP Good Interpretive Special Factsheet
Practice guide guide/other
Guide
Asbestos 1 6
General concepts 1 2 19
Hazardous substances 1 5
Major Hazard Facilities 5
Worker Participation 1 tbc
Total 2 6 1 2 30
Your logo hereGUIDANCE PROGRAMME – 43 GENERAL PROJECTS
Approved Good Special Interpretive Factsheet Bulletin
Code of practice guide guide
Practice guide
Asbestos 1 1
Construction 2 2 1 1
Forestry
General 1
HSNO 1
Mining 5 1 1
Occupational Health 7
Petroleum 6
Safer Farms 2 1 8
Safer Manufacturing 1 1
Total 7 5 2 8 19 2
Your logo hereLEGACY PROGRAMME
Large amount of guidance will become out of date when new Act and
regulations come into force
Triaging for review:
Hazardous substances documents (EPA
and WorkSafe) 170
General guidance documents 400
Approved Codes of Practice 27
Endorsed third party documents 40
Total 637
Currently analysing results of triage to agree on order that existing
guidance is revised / revoked
Your logo hereQuestions?
Your logo here
WORKSAFE NZ July 41You can also read
