Yoogo caught up with Samuel Moore, Health and Safety Law Specialist from Meredith Connell, to get a clearer understanding of how the incoming Health and Safety laws will affect Kiwi companies. We’ll do our best to keep answers jargon-free!

SAM, WHY IS THERE A REFORM TO WORKPLACE HEALTH AND SAFETY?

New Zealand’s poor health and safety performance, the Pike River coal mine tragedy, and an independent review of our country’s health and safety regime motivated the Government to start this reform. The new law is expected to come into force in late 2015.

IF I’M NOT UP WITH THE PLAY WHAT PENALTIES COULD MY BUSINESS INCUR?

Like anything in life, knowledge is power. If you have your health and safety compliance house in order, you won’t lose sleep.

Having access to Yoogo’s GPS technology could save you time & money in the long run

Otherwise there will be costs associated with the aftermath of an incident. Such as:

  • Fines (uninsurable)
  • Reparations
  • Criminal record and effect on reputation and qualification for future tenders
  • Disruption costs (for the investigation and for staff morale after an incident)
  • Legal fees (or increased premiums and insurance excess)
  • Victim support (optional but usual to top up the 20% loss of income from ACC)
  • Improvement costs (for changing the way that the hazard is managed on an urgent basis, to show the court that you won’t do it again)
  • Inspector notices (on the spot fines in relation to other breaches, site freezing orders, prohibition of certain actions, etc)
  • Recruitment costs (to replace the victim’s output, either temps or seeking new staff)
  • Public and other liability (claims by third parties, employment disputes, negligence action)

SO WHO IS THE NEW REGULATOR?

WorkSafe replaces the role formerly undertaken by OSH, the Department of Labour, and the Labour Group of the Ministry of Business Innovation and Employment. WorkSafe has the ambitious target of reducing workplace fatalities and serious injuries by at least 25% by 2020.

HOW WILL THE REFORM IMPACT BUSINESSES THAT OWN VEHICLES?

So far there are no clearly prescribed duties that relate specifically to vehicle safety under the reform. Despite this, you and your business will both have obligations as there are clear risks associated with vehicle use. Breaching these obligations can result in prosecution by WorkSafe. It is expected WorkSafe will pay greater attention to vehicle safety compliance than in the past.

WHO WILL BE HELD ACCOUNTABLE FOR NON-COMPLIANT VEHICLES?

Almost all businesses and workers will have criminal liabilities under this new reform. The extent and likelihood of personal criminal liability depends on an individual’s role. Liability increases for the most senior business leaders, including Fleet Manager and company directors, who will have explicit duties under the reform as “officers”.

HOW CAN BUSINESSES GET REFORM READY?

This would be the perfect time for any business that has a fleet to reassess the risks and hazards associated with the business’s activities in light of the reform’s tougher legislation.

If you want to minimise your fleets risk contact Yoogo.

Keep calm and carry on about the new Health and Safety reforms.
Yoogo will release further information on everything you need to know in due course.

WILL WORKSAFE EXPECT BUSINESSES TO TAKE ONGOING STEPS?

Yes. At the very least, businesses should focus on risk management steps. Failure to do so could result in prosecution under the current or future health and safety regimes:

1. Training and competency assessments: Initial and ongoing driver training, supported by resources and updates, especially for specialist vehicle use (difficult terrain etc).

Yoogo offers driver training for any employees.

2. Monitoring workers: Monitoring mechanisms, especially to locate remote and/or solo workers, assess dangerous driving practices or manage fatigue.

Yoogo provides extensive telematics reporting, including stationary reports, stop reports, over-speed summary reports & geofence reports.

3. Vehicle compliance: Ensuring that vehicles are compliant with regards to warrants of fitness, licensing and registration, maintenance and servicing.

Yoogo provides electronically monitored compliance checks and takes care of all of this for you.

4. Safe driving policies: It is generally WorkSafe’s preference that safety practices are formally documented. Safe driving policies assist in reducing liability from WorkSafe but they also ensure that workers understand what is expected of them and what they need to communicate.

Yoogo is able to provide legally compliant bespoke. Furthermore Yoogo is working on specialist Health and Safety reporting which is looking to release later in the year driving policies, including management of driver’s licence restrictions, minimum expertise levels, medical checks, drug and alcohol policies, through its preferential client programme with Meredith Connell. For Yoogo clients this means savings on cost and sensible price certainty.

5. Fit for purpose assessments: Vehicle assessments regarding design and load suitability, necessary safety features, access & visibility.

Yoogo is able to arrange pre-purchase vehicle inspections, fit-for-purpose assessments and safety feature assessments. For example: whether reversing cameras are required.