Health and Safety Reform Bill Update

28 August 2015

Parliament recently passed the Health and Safety Reform Bill which may have an impact on how you manage the health and safety risks associated with your high performance, community sport, recreation, events, and other activities.

The new Health and Safety at Work Act will come into force on 4 April 2016. We have been working closely with the Ministry of Business, Employment and Innovation (MBIE) and WorkSafe New Zealand over the last few months so that everyone involved in the sport and recreation sector remains safe.

Here’s what you need to know:

The risks associated with sport and recreation activities are unchanged
WorkSafe NZ provided input into our May 2015 advisory. Read here

The coverage of volunteers is the same as the current legislation
WorkSafe NZ provided us with this advice published in August 2015. Read here

Boards and the most senior manager in each organisation need to exercise due diligence
MBIE and the Institute of Directors published guidelines in February 2015 for you to follow. Read here

All sport and recreation organisations have a duty of care
If you are a Volunteer Association, you have the same duty of care to volunteers as you do to members of the public as summarised in the comparison of legislation updated in July 2015. Read here

Organisations need to work together when they have overlapping duties
If two or more organisations/volunteer associations are operating in the same area/event then they need to work together to make sure they meet their duty of care. WorkSafe NZ provided guidelines on what is a Volunteer Association. Read here

We’ve put together this decision-making framework to help you work out what your duties are when they overlap with a Person Controlling a Business or Undertaking (PCBU) or Volunteer Association. Read here

ACC and WorkSafe NZ have developed this quick reference guide which provide some definitions, tips and guidelines.

Organisations that sanction events run by ‘associated parties’ are still responsible
Organisations will have to ensure 'so far as is reasonably practicable' the health and safety, not only of their own workers, but of associated parties' workers who they 'influence' or direct. Our legal advisers have provided us with some advice on this issue. Read here

New health and safety qualification for the sport and recreation sector

We’re working with Skills Active Industry Training Organisation (ITO) to deliver a new health and safety qualification for the sport and recreation sector. The NZ Certificate in Workplace Health and Safety will be a Level 4 qualification of approximately 60 credits. The qualification will be suitable for people responsible for managing health and safety in our sector. The programme will probably be delivered through a blended learning approach including online and on-the-job learning and assessment. Individuals can register their interest in joining the programme via our online learning platform: SportTutor If you don’t have a User ID you will need to sign up as a learner on the platform before you can register your interest.

Over the next few months we will be updating our resources and making them available on our website and via our Partner Update. In the interim, feel free to ask questions in our NZ Sport and Rec sector discussion group on LinkedIn.