The bin full of ping pong balls explodes

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1 Health & Safety at Work Act 2015 The bin full of ping pong balls explodes Ray Calcutt and Kelly Deathe Event Health and Safety Team Regional Facilities Auckland

2 Acknowledgements Worksafe New Zealand presentation to EMA on changes to the Health & Safety at Work Act 2015; 3 March 2016 Sharyn Bramwell, Manager Risk and Assurance, Regional Facilities Auckland, presentation to RFA Executive Leadership Team Hema Puthran, Health and Safety Advisor, Regional Facilities Auckland, presentation to RFA staff

3 They want to do what?!

4 NEW ZEALAND HAS A PROBLEM Every week, on average 1 person dies at work 15 people die from work-related diseases Each week 16 loved ones don t go home In ,327 people were severely injured at work

5 Health and Safety at Work Act 2015 HSWA IS A NEW WAY OF THINKING Ensures everyone has a role to play Makes everyone s responsibilities clear Focuses on risk management Requires those who create the risk to control the risk Requires you to engage with workers and enable them to participate in an ongoing basis Allows flexibility in managing your health and safety risks

6 Key Concepts HOW HSWA HELPS Five key concepts 01 PCBUs and Primary Duty of Care 02 Officers and Due Diligence 03 Overlapping Duties 04 Worker Duties 05 Worker Participation and Engagement LEADER WORKING WITH WORKER WORKER RESPONSIBILIES OTHER BUSINESSES RESPONISIBLITIES PARTICIPATION

7 Key Changes - Hazards and Risk Hazard Anything that can cause harm (includes non physical harm) Risk Chance that injury occurs or something can be damaged Under the HSWA risk assessment to assess hazard level is required to be undertaken Controls Can hazards be eliminated (as far as reasonably practicable)? If not minimise Substitute Isolate Engineering controls Administration controls PPE Consequences Likelihood Insignificant (1) Minor (2) Moderate (3) Major (4) Almost Certain (5) L M S H H Likely (4) L M S S H Possible (3) L M M S H Unlikely(2) L L L M S Rare(1) L L L L M Severe (5)

8 Key Changes - Definitions Reasonably Practicable In relation to taking reasonable steps to mitigate a hazard: That which is, or was, at a particular time, reasonably able to be done in relation to ensuring health & safety Likelihood & degree of harm of the hazard assess the risk What the person concerned knows or ought to know about hazard/risk and ways of eliminating it Availability & suitability of eliminating/minimising risk Consider whether cost is grossly disproportionate to the risk Notifiable event (previously called Serious Harm) Notifiable injury or illness Notifiable incident Death of a person Must notify as soon as possible

9 Key Changes PCBU and their Duties What is a PCBU? Person in Control of a Business or Undertaking PCBU May be an organisation or individual Commercial or non-commercial Sole traders and self employed Their duties The business (PCBU) i.e. RFA has PRIMARY responsibility and duty of care Business must look after: Health and safety of workers and any other workers RFA influences or directs e.g. contractors, sub-contractors, clients Health and safety of other people at risk from any work carried out by RFA e.g. customers, visitors, public

10 Key Changes Officers and their duties Who is an officer? Person who holds a senior leadership position and has ability to significantly influence Directors of the Board CEO Senior management etc Due Diligence Duty Understand the nature of the business and its hazards and risks Ensure the person running the business has appropriate resources and processes to manage risks to health and safety Keep up-to-date with health and safety matters Ensure there are appropriate reporting and investigation processes in place Monitor and verify that the above matters are effective

11 Key Changes Overlapping Duties Working with other businesses: When the duties of two or more business overlap, they must consult, co-operate and co-ordinate activities to meet their H&S responsibilities to workers and others. For RFA this includes: Clients Client staff Ticketing provider RFA Contractors Sub-contractors Consultants Client contractors Caterers Patrons

12 Key Changes Overlapping Duties Working with other businesses: Organisations must plan ahead, think about stages of work and who is affected by it Identify the risks to be managed and together agree how to control the risks and who is best placed to do so Continue to consult, co-operate and co-ordinate including undertaking monitoring

13 Key Changes Overlapping Duties How do we do this at RFA? Two Key Processes 1. Event Health & Safety process Ensure the process is implemented by staff and completed by clients To manage the escalation process where this is not done and advise clients accordingly 2. Contractor Management process Ensure all contractors coming on site are pre-qualified and adhere to RFA policies and processes

14 Key Changes Overlapping Duties Supply Chain Upstream Duties: Upstream businesses architects, importers, manufacturers must ensure so far as is reasonably practicable, that the work they do or the things they provide to other workplaces don t create health & safety risks. Venue managers must ensure this is done UPSTREAM DUTIES PEOPLE WHO COMMISSION ARCHITECT OR DESIGNER MANUFACTURER OR SUPPLIER BUSINESS WORKERS CONTRACTORS/ SUB- CONTRACTORS END CUSTOMER

15 Key Changes Overlapping Duties How does RFA manage these duties? Health & Safety Management System Health & Safety Policy Procurement Procedure Hazard management Health & Safety Committees Safety in Design Incident reporting Incident investigation

16 Key Changes Workers and Others Workers A Worker is an individual who carries out work in any capacity for a PCBU i.e. Employees Contractors/sub-contractors Artists/performers Employees of labour hire companies People doing work experience or work trial, apprentices, trainees Volunteer work Others Casual volunteers Visitors e.g. couriers, suppliers Customers/patrons Any public who could come into contact with a Business work activity

17 Key Changes Workers and Others Workers and Others must: Take reasonable care to ensure the safety of themselves & others Follow any reasonable H&S instructions from the business Workers must: Co-operate with any reasonable business policy or procedure relating to H&S How do RFA staff know what to do? Induction Managers Health & Safety Representatives LiveWire (RFA intranet) Risk & Assurance (Health and Safety) Team

18 Key Changes Worker Participation Worker Participation: Important & a key part of new legislation PCBU (the organisation) to pass on information to workers Hazards Changing practices Health monitoring How to do this must suit your organization and allow workers to participate effectively consider: How to include casuals in this? Education levels of staff Language and culture of staff How is best to practice engagement within teams effectively?

19 Key Changes H&S Representatives RFA Health & Safety Representatives (HSR): Elected by business units Make up the Business Unit H&S Committees Represent the different workgroups within RFA Have key roles and responsibilities set down in the Act Represent workers concerns to management Support & assist workers Monitor measures taken by PCBU for H&S Provide feedback on compliance Involved with rehabilitation of workers Can direct unsafe work to cease Can issue Provisional Improvement Notices Need time to do their role and management is required to allow this

20 To sum up To summarise Safety is everybody s responsibility Escalate issues to your managers or their managers and/or to H&S team. DO NOT avoid reporting H&S Duties cannot be transferred Always look out for your mate!!

21 GOOD HEALTH AND SAFETY IS GOOD FOR BUSINESS

22 Questions?