Workplace Safety: A Tale of Two Tiers
In a recent development, a select committee has been hearing submissions regarding proposed changes to workplace safety laws, which some argue are out of sync with global best practices. The Health and Safety at Work Amendment Bill, championed by Minister Brooke van Velden, aims to reform workplace safety rules, but it has sparked concerns and divided opinions.
The Bill's Impact on Small Businesses
One of the key points of contention is the potential creation of a two-tier system, with different safety standards for small and large businesses. Paul Goodeve, a member of the Business Leaders' Health and Safety Forum, expressed concerns about the bill's impact on smaller operators. He believes it will be challenging to maintain consistent safety standards across the board, especially when some businesses are exempt from managing certain risks.
"Different cars on the road, some stopping at lights while others don't, creates a problematic safety system." - Paul Goodeve
The bill introduces a new category of 'critical risks' that small businesses must manage, while all other risks are left undefined. This approach, according to Goodeve, could lead to inconsistencies and potentially higher injury rates among small businesses, which already have a 24% higher injury rate than larger enterprises.
Global Perspective and ACC Costs
Sheridan Broadbent, chair of the forum, adds an international perspective, stating that the proposed changes are out of step with global good practice. She believes this approach will increase ACC costs and lower productivity. The UK regulator, when consulted, expressed similar confusion over New Zealand's proposed path.
Small Business Relief or Risk?
On the other hand, BusinessNZ, a lobby group, argues that the bill "right-sizes" health and safety duties for small businesses. Katherine Rich, their CEO, claims the current law is overly complex, leading to fear and overcompliance. Small business owners, she says, are burdened by excessive paperwork and consultant fees.
"The current law creates real fear of getting it wrong, leading to overcompliance." - Katherine Rich
However, critics, including Matariki Roche from the Young Workers Resource Centre, worry that this relief for small businesses could come at the cost of managing bullying and psychosocial risks. Young workers, who are over-represented in small businesses, are concerned that these issues will take a back seat.
A Step Backwards?
From my perspective, it's concerning that the bill might lead to a regression in workplace safety, especially considering the progress made since the Pike River mine disaster in 2015. The current law was a response to that tragedy, and many submitters to the committee appreciate its focus on industry-specific codes of practice. These codes provide a clear framework for what "good" looks like in terms of safety practices.
However, some submitters caution that developing these codes can be a lengthy process and require significant resources. If not well-resourced, the reliance on codes could potentially slow down progress and create further uncertainty.
A Complex Balance
What makes this particularly fascinating is the delicate balance between ensuring workplace safety and not overburdening small businesses with complex regulations. While it's essential to protect workers, especially in smaller enterprises, we must also consider the practical challenges and potential unintended consequences of such legislation.
In my opinion, the committee's decision will have far-reaching implications for workplace safety in New Zealand. It's a complex issue that requires careful consideration of global best practices, local needs, and the potential impact on different-sized businesses. Let's hope the final decision strikes the right balance.
