Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Safety and Health Convention, 1981 (No. 155) - New Zealand (Ratification: 2007)

The Committee notes that the report of the Government received on 30 September 2014 includes observations by the New Zealand Council of Trade Unions (NZCTU) and Business New Zealand, as well as the responses provided by the Government.

Legislation. The Committee notes that the work of the Independent Taskforce on Workplace Health and Safety and the Royal Commission on the Pike River Coal Mine Tragedy were followed-up in 2013 with the adoption of the WorkSafe New Zealand Act, which instituted WorkSafe New Zealand (WorkSafe NZ), a Crown Agent with greater resources than its predecessors. It also notes the adoption of the Mines Rescue Act and the indication that the Health and Safety Reform Bill (H&SR) is currently before Parliament. The Committee requests the Government to provide a copy of the H&SR Bill once it has been adopted and to continue to provide information on the measures undertaken with regard to the application of the Convention.

Articles 7 and 9 of the Convention. Enforcement of laws and regulations. The Committee notes the indication that the Government has increased the funding for WorkSafe NZ through the augmentation of the health and safety levy, and that according to the Statement of Intent issued by WorkSafe NZ for 2013–17, the functions and systems of the Crown will be expanded. The Committee also notes the observation of the NZCTU alleging the continued under-resourcing of the regulator’s enforcement function. The Committee requests the Government to continue to provide information on implementation of its plans to expand the functions and systems of WorkSafe NZ, with a view to ensuring the enforcement of occupational safety and health laws and regulations.

Article 19. Arrangements at the level of the undertaking. With reference to its previous comment, the Committee notes that section 78(1(c)) of the H&SR Bill requires a person conducting a business or undertaking to allow a health and safety representative to spend as much time as is reasonably necessary to perform their functions or to exercise their powers. The Committee also notes the observation of the NZCTU alleging that the provisions of the H&SR Bill are not sufficient, and must be backed by clear guidance and strong enforcement. The NZCTU also indicates that the H&SR Bill removes the statutory minimum number of days per year for health and safety representative training. The Committee notes the Government’s response in this regard that the Transport and Industrial Relations Committee will consider all submissions on the H&SR Bill carefully, including those of the NZCTU. The Committee requests the Government to continue to provide information on the measures taken to give effect to Article 19 with respect to the rights of health and safety representatives.

Article 20. Cooperation between management and workers. With reference to its previous comment, the Committee notes that the H&SR Bill proposes a regulatory regime where persons conducting a business or undertaking will have the duty to have a system of worker representation under which the election of a safety and health representative will be possible if the workers request it, or appointed at the initiative of the person conducting a business or undertaking (section 65 of the H&SR Bill). The Committee also notes the NZTCU’s reference to the report of the Independent Taskforce on Workplace Health, according to which there are low levels of employee participation in processes for identifying and managing workplace health and safety issues. The NZCTU states that the system proposed in the H&SR Bill may be used by certain employers as a justification for continuing poor health and safety practices in the workplace. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure cooperation between management and workers in practice.

Article 21. Expenditure for workers. With reference to its previous comment, the Committee notes the Government’s indication that the right of contractor employees to benefit from cost-free OSH measures is not clearly established in the current legislation and that the Government will clarify this situation in the H&SR Bill. Section 14 of the H&SR Bill defines “worker” in a way that would include the employees of contractors. The Committee also notes the observation of the NZCTU alleging that the wording of the H&SR Bill may act as an incentive for persons conducting a business or undertaking to structure their contracting arrangements in order to use subcontractors instead of employees so as to avoid the application of section 28 of the H&SR Bill prohibiting persons conducting a business or undertaking from imposing costs on workers for protective equipment. With reference to the response of the Government indicating that the Transport and Industrial Relations Committee is considering the submissions of the NZCTU on this issue, the Committee requests the Government to provide further information on the measures taken, in law and in practice, to ensure that OSH measures do not involve any expenditure by workers.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2016.]