21 February 2013

Questions and Answers: New workplace health and safety agency

When will the new workplace health and safety agency start operating? The intention is for it to be established and up and running from 1 December 2013.

What will happen to workplace health and safety investigations and operations in the meantime? It is business as usual for the time being. The Ministry of Business, Innovation and

Employment (MBIE) will continue to do this work. This means businesses and workers will

be dealing with same people in the same locations as before.

MBIE will be providing regular updates about the establishment of the new agency, and the

changes already underway, as plans progress.

What happens next? Work will start on drafting the required legislation to set up the new agency. Ministers will

decide on board composition, the name of the new agency and other details in coming

months and the legislation to establish the agency is expected to be introduced in June. A

dedicated unit is being set up within MBIE to help establish the new entity.

What will the new workplace health and safety agency do? The new agency will enforce workplace health and safety regulations, and work

collaboratively with employers and employees to embed and promote good workplace health

and safety practices. Its functions will be:

To monitor and enforce compliance with the primary workplace health and safety

legislation

To provide guidance, advice and information on workplace health and safety to duty

holders under the primary workplace health and safety legislation and to the

community

To promote and support education and training on workplace health and safety

matters

To foster a co-operative, consultative relationship between duty holders and the

person to whom they owe duties and their representatives in relation to workplace

health and safety matters

21 February 2013

To engage, promote and co-ordinate the implementation of workplace health and

safety, including the sharing of information, with regulators and other agencies that

contribute to workplace health and safety

To advise the Minister on the operation and effectiveness of the primary workplace

health and safety legislation and workplace health and safety system, and make

recommendations for legislative and system changes

To make recommendations to the Minister on the level of any funding including

levies or fees, to effectively carry out its legislative functions

To set standards and develop codes of practice as required under the primary

workplace health and safety legislation

To collect, analyse and publish statistics relating to workplace health and safety

Any other functions conferred on the Crown agent by any other act

Perform any additional function that the Minister directs under section 112 of the

Crown Entities Act 2004.

What kind of Crown Entity will the new agency be? The new agency will be a Crown Agent with its own governance board and will have a

dedicated focus on workplace health and safety.

A Crown Agent is at arms-length from Ministers and is the only form of crown entity which

can be directed by Ministers to give effect to government policy which is an advantage given

further reform of the workplace health and safety system is likely.

New Zealands other workplace health and safety regulators the Civil Aviation Authority

and Maritime New Zealand are also Crown Agents.

What will happen to staff who currently do this workplace health and safety work? It is expected that staff in the Ministrys Health and Safety Group will be transferred to the

new agency on the same terms and conditions of employment.

Who will be on the governance board of the new agency? Those decisions are yet to be made. The board will have between five and nine members

with experience and knowledge of public sector governance and central government

processes, New Zealands workplace health and safety environment, perspectives of

employees and business, and administration or workplace health and safety legislative and

risk management frameworks.

21 February 2013

What will happen to the other workplace health and safety regulators Civil Aviation Authority (for air), Maritime New Zealand (for ships) and Police (for commercial vehicles)? The new agency will do the functions currently undertaken by MBIE so there is no current

change to the roles of the other workplace health and safety regulators. They will keep their

current responsibilities for enforcing and investigating workplace accidents.

What other work is being done to improve New Zealands workplace health and safety record? The Minister of Labour set up the first wide-ranging review of the Workplace Health and

Safety System in 20 years, and the Independent Taskforce is due to report with its

recommendations by April 30. The Government will consider those recommendations and it

is expected there will be further reform after that.

Other initiatives include:

Increase in workplace health and safety funding of $37 million in Budget 2012.

Action plans, in collaboration with industry, which target the sectors where the most

harm is occurring construction, agriculture, forestry, manufacturing, fishing and

occupational health

The establishment of the High Hazards Unit

More frontline health and safety inspectors

The Lifting Our Game Programme, which is changing the way MBIE delivers health

and safety regulation to improve performance. This change focuses on lifting

capability at the frontline, and on building the systems, processes and tools to be

effective. This programme is expected to provide a strong foundation for the new

agency.

The Government is also rolling out a comprehensive response to the Pike River tragedy this

year. Read the Pike River Implementation Plan.

What will happen to the current changes being made to MBIEs Health and Safety Group? The work being done by MBIEs Health and Safety Group to fundamentally transform its

operations will continue and is expected to provide a strong foundation for the new agency.

It is business as usual for the time being. The Ministry of Business, Innovation and Employment (MBIE) will continue to do this work. This means businesses and workers will be dealing with same people in the same locations as before. MBIE will be providing regular updates about the establishment of the new agency, and the changes already underway, as plans progress.The work being done by MBIEs Health and Safety Group to fundamentally transform its operations will continue and is expected to provide a strong foundation for the new agency.