H&S and the HSWA

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Real life case studies Real facts Videos

What is your HSE experience?

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Who did you notify?

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The UK & HSE

The UK’s approach

Case Study: Piper Alpha

6 July 1988

Combined number of 228 Men on the platform / vessels

167 lost their lives on the platform or on rescue vessels (166 offshore, 1 in hospital)

61 men survived (jumped over 100 Ft into the North Sea)

THE WORST OFFSHORE OIL DISASTER IN TERMS OF LIVES LOST AND INDUSTRY IMPACT

A lack of communication at a shift change meant staff were not aware that they should not use a key piece of pipework which had been sealed with a temporary cover and no safety valve. Gas leaked out and ignited while firewalls that would have resisted fire on an oil platform failed to cope with the ensuing gas explosion.

Today, the number 1 killer of Oil and Gas employees globally is…

…the two-part Cullen Inquiry established the causes of the tragedy and made recommendations for future safety regimes offshore. 106 recommendations were made which were subsequently accepted and implemented by the offshore operators.

HSWA: Health and Safety at Work Act 2015

• The Act is only the start of the change

• Our behaviour and attitude needs to change

• A strong commitment to H&S means we can achieve more as companies and work places

• Under HSWA – everybody has a role to play

• HSWA focuses on ‘managing risk’

• Risk Management is key for everybody to understand and how to do it

Case Study: Pike River

On the afternoon of 19 November 2010, an explosion ripped through the remote Pike River mine on the West Coast of the South Island, killing 29 men. Their bodies have not been recovered, and remain in the mine, which is now sealed.

Costs blew out because of the problems with the ventilation and hydro-mining systems, and machinery breakdowns.

While the mine management was dealing with a range of problems, the methane hazard was largely overlooked.

…there had been frequent alarms about methane levels and many small ignitions, but these warning signals were often not acted on because of the pressure to increase coal production…

Chance played a big part in deciding the 31 men who were underground at 3.44 p.m. when an explosion disabled power and communication into the mine.

Over the next three days, there was confusion about the possibility of re-entering the mine…Further explosions on 24, 26 and 28 November made it clear that it would be too dangerous to attempt re-entry, and the mine was subsequently sealed.

Pike River The Pike River coal mining tragedy has led to significant changes to the way workplace health and safety is regulated in New Zealand.

Under the heading, ‘A failure to learn’, the report noted that 'New Zealand’s health and safety record is inferior to that of other comparable countries. The rate of workplace fatalities is HIGHER THAN IN THE UNITED KINGDOM, AUSTRALIA AND CANADA, worse than the OECD average and has remained static in recent years'.

On 4 April 2016, the Health and Safety at Work Act (HSWA) came into force bringing new responsibilities for everyone in the workplace. The new law is part of a reform package aimed at reducing the number of serious work-related injuries and deaths in New Zealand by at least 25 percent by 2020.

Everyone who goes to work should come home healthy and safe

HSWA is an opportunity for you to review your health and safety practises and behaviours, and revise how you manage critical risks that could cause illness, injury or even death. Not only is this the right thing to do, it benefits both businessand workers

HSWA is NZ's workplace health and safety law and sets out the principles, duties and rights in relation to workplace health and safety. Regardless of who you are, we want you to understand what HSWA means for you

The ‘Introduction to the Health and Safety at Work Act 2015’ guide is in the HSE Folder.

The Health & Safety at Work Act

http://www.business.govt.nz/worksafe

What happens after work?

THE CHANGES Some of the key changes under the HSWA Act:

Worker engagement and participation Persons Conducting a Business or Undertaking (PCBUs) The duty of officers Volunteer workers Stronger penalties Definition of workplace Duty of PCBUs who manage and control a workplace

NEW REGULATIONS A series of regulations have developed to support the new Act. These include:1.General risk and workplace management2.Worker participation, engagement and representation3.Asbestos4.Hazards substance5.Major hazard facilities

UNDERSTANDING HSWA

New Zealand has a problem.

Our health and safety statistics are three times as high as the UK and nearly twice as high as Australia. Every year 50-60 people are killed in a workplace incident and hundreds more die as a result of work-related ill health.

The health and safety at work act 2015 (HSWA) is New Zealand's workplace health and safety law. It sets out the principles, duties and rights in relation to workplace health and safety.

HSWA is just the beginning and signals a new way of thinking about health and safety. This is not just about compliance; it’s about getting people home healthy and safe. It’s not just good for your business, it’s the right thing to do.

Regardless of who you are, we want you to understand what HSWA means for you. Getting people home healthy and safe - that's what we're working for.

We know we have a problem in this country. Too many New Zealanders die or are seriously hurt while working. In comparison with other similar countries, our workplace health and safety record is woeful. Every year:

52 people die on the job, Hundreds more are seriously injured, and 600-900 die from work-related diseases. Something has to change. We all need to work smarter and work together to do something about it.

There are 4 types of duty holders that have health and safety duties:

PCBU - persons conducting a business or undertaking (individuals or organisations) Workers Officers Other persons at workplaces

The primary duty of care requires a PCBU to ensure health and safety ‘so far as is reasonably practicable’

The Working together on health and safety presentation provides you with the basic facts you need to know about the Health and Safety at Work Act (HSWA). The video is on WorkSafe webpage, presented by WorkSafe CE Gordon MacDonald, is a great resource for getting the message across to your business.

Who or what is a PCBU? Under HSWA, a business or undertaking (PCBU) must look after the health and safety of its workers and any other workers it influences or directs. The business or undertaking is also responsible for the health and safety of other people at risk from its work including customers, visitors, or the general public. This is called the 'primary duty of care'.

A PCBU is a 'person conducting a business or an undertaking'. It's a broad concept used throughout the Health and Safety at Work Act 2015 (HSWA) to describe all types of modern working arrangements, which we commonly refer to as 'businesses'.Most NZ businesses, whether large corporates, sole traders, or self-employed, are classed as PCBUs.The difference between a business and an undertaking is:

Businesses are usually conducted with a view to making a profit and have a degree of organisation, system and continuity.

Undertakings will have elements of organisation, systems, and possible continuity, but are usually not profit-making or commercial in nature.

People and organisations who are not PCBUsUnder HSWA, the following are not PCBUs: Volunteer associations (incorporate and unincorporated) Home occupiers, and or Workers.

Notifiable Events:

The regulator (either WorkSafe or an agency) must be told about notifiable events that arise from work

A notifiable event is:

A death A notifiable illness or injury or A notifiable incident

Incidents may include the following:

Electric shock A substance escaping, spilling or leaking An implosion, explosion or fire

Step 1: THE PCBU WHO MANAGES OR CONTROLS THE WORKPLACE WHERE THE NOTIFIABLE EVENT OCCURRED MUST PRESERVE THE SITE

The site must take reasonable steps to ensure the notifiable event is not disturbed until an authorised inspector gives permission for normal work to resume at the site

The exceptions are:

To help an injured person To remove a deceased person By or under direction of a constable

Step 2: A PCBU MUST NOTIFY THE REGULATOR AS SOON AS POSSIBLE

A PCBU must ensure the regulator is notified as soon as possible after it becomes aware of a notifiable event arising out of theconduct of the business or undertaking. This must be done even if emergency services attend.

Only one notification is required for each notifiable event.

WorkSafe can be notified as follows:

MEANS HOW WHAT INFORMATION IS REQUIRED

By telephone Ring 0800 030 040 The person giving the notification must provide details about the incident as requested by the regulator

In Writing Email healthsafety.notification@worksafe.govt.nz An approved form must be used or the notice must contain details requested by the regulator

http://forms.worksafe.govt.nz/notifiable-event-notification

Once we have received your notification, it will be reviewed by our Response Team. They will contact you about the next steps.There are a number of options available, including conducting an investigation or inviting the duty-holder to participate in an assisted review of your health and safety system.If no action is required, we will confirm this with you.While there is no requirement under the Health and Safety at Work Act 2015 (HSWA) for you to conduct your own investigation of a serious, notifiable incident, investigations can form part of good practice to identify and manage work risk.After a notifiable incident, you should consider:

Investigating what happened Working out what you can do to stop this happening again Making changes.

OFFICERS AND THE DUTY OF DUE DILIGENCE HSWA makes health and safety everyone's responsibility, while at the same time recognising that officers in a business have more influence and control over the business than its workers.Under HSWA, senior business leaders are responsible for ensuring that the business is meeting its health and safety responsibilities. They must make sure the business understands and manages its key risks.

WHAT IS DUE DILIGENCE? Officers have the duty of due diligence to ensure their business complies with HSWA. This means that they must take reasonable steps to ensure the business is complying with its health and safety responsibilities.

WHO IS AN OFFICER? An officer is a person who holds a very senior leadership position in the business, and has the ability to significantly influence the management of a business or undertaking.A business can have more than one officer.Officers include: Directors, Partners in a partnership, Board members, Any person who holds a position comparable to a director in a body corporate or an unincorporated body, and Any person who exercises significant influence over the management of the business or undertaking (eg the chief executive).

OFFICERS AND THE DUTY OF DUE DILIGENCE

Under HSWA, senior business leaders are responsible for ensuring that the business is meeting its health and safety responsibilities. They must make sure the business understands and manages its key risks. This is called due diligence.

BUSINESSES THAT MANAGE OR CONTROL THE WORKPLACEUnder HSWA, most duties relate to the conduct of work, however certain responsibilities relate to the physical workplace.If your business manages or controls the workplace then you must ensure, so far as is reasonably practicable, that the workplace, how people enter and exit the workplace, and anything else that may arise from the workplace are without health and safety risks to people.

WHAT IS A WORKPLACE?A workplace is any place where a worker goes or is likely to be while at work, or where work is being carried out or is customarily carried out.This workplace duty recognises that a workplace may not permanently be a workplace for the business.Businesses that manage or control workplaces do not owe this duty to anyone who is at the workplace for an unlawful purpose.

OVERLAPPING DUTIES Ensuring businesses work together for the health and safety of everyone in the workplace is a fundamental part of HSWA's

design. When two or more businesses are working together at the same location or through a contracting chain, they must work

together to fulfil their duties of care. Where those duties overlap, they need to consult, cooperate, and coordinate their activities to meet their health and safety

responsibilities to workers and others.

WHY BUSINESSES NEED TO CONSULT Consultation helps prevent any gaps in managing work health and safety risks. It will also help businesses reach a common understanding and establish clear roles, responsibilities and actions. WORKING WITH MULTIPLE BUSINESSES When multiple businesses are working together, more than one business can have the same duty in relation to work health and safety. This happens in situations where there are multiple businesses at the same location.

OVERLAPPING DUTIES When two or more businesses are working together at the same location or through a contracting chain, they must work together to fulfil their duties of care. Where those duties overlap, they need to consult, cooperate, and coordinate their activities to meet their health and safety responsibilities to workers and others. This is 'overlapping duties'.

WORKERS

Workers include employees, contractors, subcontractors, labour hire workers

Workers need to take reasonable care for their own health and safety and that of others

Workers need to comply with reasonable instructions from the PCBU and cooperate with policies and procedures

FOR WORKERS Everyone who goes to work deserves to come home healthy and safe. You and your workmates are entitled to work in

environments where the risks to your health and safety are properly controlled. The purpose of HSWA is to protect you against harm arising from work by making sure everyone plays their part. The best

health and safety outcomes are achieved when everyone works together to manage risks. So while the primary responsibility for work health and safety lies with the business, you must take reasonable care of your

own health and safety and ensure that your actions don’t cause harm to you or others. Businesses have a duty to consult with you, and/or your Health and Safety Representatives (HSRs) (if the business has one) on

matters relating to health and safety. They must also have effective, on-going ways for you to make suggestions, raise ideas, or take other steps to improve health

and safety at work.

WORKER ENGAGEMENT AND PARTICIPATION All businesses and undertakings must involve their workers in workplace health and safety. A safe workplace is more easily achieved when everyone involved in the work communicates with each other to identify hazards and risks, talks about any health and safety concerns and works together to find solutions.Businesses have two related duties:

to engage with workers who carry out work for them on health and safety matters that may directly affect them to have practices that give their workers reasonable opportunities to participate effectively in improving health and safety in

the business or undertaking on an ongoing basis (these are known as worker participation practices). These duties only extend to workers who carry out work for the business or undertaking. Worker engagement and worker participation practices can be direct or through representation. Health and Safety Representatives (HSRs) and Health and Safety Committees (HSCs) are two well established methods of

representation. Workers can also be represented by unions, community or church leaders, lawyers, respected members of ethnic

communities, or people working on specific projects.

WORKER REPRESENTATIONWorker representation can benefit a business and workers in many different ways by:

Providing a clear, well known way for workers to raise issues and suggest improvements to health and safety at work. Providing a voice for workers who might not otherwise speak up about health and safety matters. Providing a link between workers and management. Helping in situations where it’s not practical for the business to engage one-to-one with its entire workforce. Providing a different perspective on the business’ day to day processes.

HEALTH AND SAFETY REPRESENTATIVES (HSRS) Health and Safety Representatives (HSRs) are a well-established example of worker participation and can also support worker engagement. HSRs provide workers with a formal, visible way to have a say in work health and safety.HSRs also provide:

A voice for workers who might not otherwise speak up about work health and safety matters A mechanism for workers to speak to management about work health and safety matters Help in situations where it is not practical for a business to engage one-on-one with its entire workforce. While HSRS aren’t necessarily experts in health and safety, trained HSRS are knowledgeable about health and safety matters,

how the health and safety at work act 2015 (HSWA) works, and are aware of the rights and responsibilities of everyone in the workplace.

Trained HSRS also have powers that enable them to take action on behalf of their work group.

HOW TO MANAGE WORK RISKS

A healthy and safe workplace starts with identifying and understanding what your work-related health and safety risks are; particularly those that have the potential to cause people serious injury or illness. It then involves doing what is reasonable, what is practical and what you are able to do to eliminate or, where they can’t be eliminated, minimise those risks. This is what we refer to as proportionate risk management.

OFFICE WORKERS

We all know that health and safety hazards are common for workplaces with heaving machinery and tools, but when you think about an office environment, health and safety risks are not the first things to spring to mind.

We want to make sure that all New Zealanders who go to work every day, no matter which industry they work in or job they do, come home healthy and safe.

Knowing how to keep people safe while at work is an important process and part of your responsibility as a business owner or worker.

These are some of the main risks associated with working in the health services sector. There may be others that are specificto your business. Talk to your workers and ask for their input - they'll probably know about others you weren’t aware of.

Incidents like these can significantly affect your business, not just in lost time or productivity, but in how people perceive your business. They can also, if not properly managed, result in serious harm to workers and others.If you’re a business owner, then it’s your responsibility, so far as is reasonably practicable, to:

Identify and manage the risks associated with your workplace, Have processes in place to eliminate or minimise those risks, and Make sure your workers know about them. If you’re a worker or visitor, you also have a duty to make sure that your actions or inactions don’t put other people at risk.

TAKING ACTION TO MANAGE RISKA healthy and safe workplace starts with identifying and understanding what your work-related health and safety risks are; particularly those that have the potential to cause people serious harm or illness. It then involves doing what is sensible and reasonable to eliminate or, where they can’t be, manage those risks. Your focus should be on managing your business’s most significant risks before managing less serious risks. This is what we refer to as proportionate risk management.

Ask yourself:

What's the worst thing that could go wrong? What are the things that cause that to happen? By identifying and assessing the risks, it will be easier to balance the consequences and likelihood of harm with the suitability,

availability and cost of control. Knowing the difference between what is a hazard and what is a risk will also help.

What is a risk assessment?Risk assessment is the process where you:•identify hazards,•analyse or evaluate the risk associated with that hazard, and •determine appropriate ways to eliminate or control the hazard.

Risk = Likelihood x Severity

Likelihood Severity

1 = extremely unlikely 1 = very minor injury

2 = unlikely 2 = first aid injury

3 = possible 3 = lost time injury

4 = likely 4 = hospital treatment

5 = very probable 5 = disabling injury

Likelihood

1

2

3

4

5

1 2 3 4 5

S

e

v

e

r

i

t

y

1 2 3 4 5

2 4 6 8 10

3 6 9 12 15

4 8 12 16 20

5 10 15 20 25

Risk Rating Action and Timescale

15 and above Unacceptable (no work until number 9)

9 to 14 Tolerable (controls must be put in place asap and no later than 24hrs after assessment

5 to 8 Adequate (must be reduced to below 5 within one week)

4 or below Acceptable (if simple action can reduce further then must be done within one week)

Asbestos‘The silent killer’

Asbestos was used by the Ancient Egyptians in the building of pyramids! Asbestos was a very popular product (Christmas decorations, cigarettes, building materials, gas masks used during WW1 and WW2)

The UK's asbestos century ended on August 24, 1999, one month after the European Union (EU) banned chrysotile.

Prime Minister John Key has had no advice on whether New Zealand should, or could, ban the use of asbestos, he says. (2015)

Vs

When the Twin Towers collapsed to the ground on September 11, 2001, a massive cloud of smoke, dust and debris released these hazardous asbestos fibres and other toxic substances into the air. Asbestos fireproofing materials from 20 stories of the towers came showering down on New York City.

The World Trade Centre Health Registry estimates about 410,000 people were exposed to a host of toxins including asbestos during the rescue, recovery and clean-up efforts that followed 9/11. People most affected by asbestos at Ground Zero were people assigned to rescue survivors.

This toxic substance raised health concerns even as construction of the towers began in 1966. When construction of the North Tower was well underway in 1971, the World Trade Center builders halted the use of asbestos because a ban on the material was expected in the near future. But by this time many asbestos-containing products had already been incorporated into both towers.

The Regulations around working with asbestos changed on 4 April 2016

Asbestos is New Zealand’s number one killer in the workplace. Around 170 people die each year from asbestos-related diseases.Due to its strength, durability and resistance to fire and water, asbestos was widely used in building products and materials upuntil the 1990s. The Asbestos Regulations 2016 are designed to protect as many people as possible from exposure to asbestos fibres.

What is required when disposing of asbestos?

Asbestos must be removed from the site to an approved refuse site as soon as practicably possible. Before removal the asbestos waste must be placed in a sealed container and marked clearly to indicate the presence of asbestos.A licensed asbestos removalist must prepare an asbestos removal control plan for any licensed asbestos removal work being undertaken.The removal control plan must include details of the means of transport and disposal of asbestos waste.An asbestos removal control plan should describe:

How the waste is contained (on and off site) The quantity (amount and dimensions) of waste Where the waste will be stored on site before disposal How the waste will be transported (on and off site) Approvals from the local authority Local authority requirements such as quantity of asbestos and dimensions of containers Where the waste will be transported to Verification of correct disposal such as tip dockets. The asbestos removal plan must be kept on site.

How is asbestos waste stored on site prior to removal?Before being removed from site, asbestos waste must be:

•stored in closed containers that are impermeable to asbestos dust, such as 200 micron thick plastic bags, or 200 micron thick polythene sheet

Asbestos waste should:

be double-bagged in case of one bag rupturing be in bags no bigger than 1200 mm x 900 mm not be more than half-filled have excess air in the bag carefully removed before sealing so there is no release of asbestos dust have the bags tied with a goose-neck closure

ACC and the Health and Safety at Work Act (HSWA) 2015

ALIGNING OUR PRODUCTS TO THE NEW ACT

We are also aligning our products to the new Act. Any changes are likely to be minimal and implemented later than the effective date of the new legislation. We will let you know once these have been finalised.In the meantime, there are no changes to the audit standards and guidelines. We will assess businesses health and safety management practices according to our current audit standards, while acknowledging any changes taken to meet the new legislation.It is important to note that achieving the audit standards does not mean businesses are necessarily compliant with the new Health & Safety at Work Act.

Our Safety

Q. What can we do to protect ourselves?

Q. What should we be looking for on sites?

Q. What should we expect from our contractors?

Q. What should we be doing?

Incidents like these can significantly affect your business, not just in lost time or productivity, but in how people perceive your business. They can also, if not properly managed, result in serious harm to workers and others.

If you’re a business owner, then it’s your responsibility, so far as is reasonably practicable, to:

•identify and manage the risks associated with your workplace,•have processes in place to eliminate or minimise those risks, and•make sure your workers know about them.

Office workers

We all know that health and safety hazards are common for workplaces with heaving machinery and tools, but when you think about an office environment, health and safety risks are not the first things to spring to mind.

We want to make sure that all New Zealanders who go to work every day, no matter which industry they work in or job they do, come home healthy and safe.

Q. What is a Hazard?

Q. What is Risk?

A hazard is any source of potential damage, harm or adverse health effects on something or someone under certain conditions at work.

Risk is the chance or probability that a person will be harmed or experience an adverse health effect if exposed to a hazard. It may also apply to situations with property or equipment loss.

What types of hazards are there?

A common way to classify hazards is by category:

•biological - bacteria, viruses, insects, plants, birds, animals, and humans, etc.,

•chemical - depends on the physical, chemical and toxic properties of the chemical.

•ergonomic - repetitive movements, improper set up of workstation, etc.,

What types of hazards are there?

•physical - radiation, magnetic fields, pressure extremes (high pressure or vacuum), noise, etc.

•psychosocial - stress, violence, etc.,

•safety - slipping/tripping hazards, inappropriate machine guarding, equipment malfunctions or breakdowns

Roads Site Assessments

Travel Office

‘Safety starts

with you’

Q. Are hardhats mandatory?

Q. Are safety boots mandatory?

PPE is the last resort

How NOT to do it

Fatal crashes for the five years 2006–2010•High-risk drivers make up 34% of all at-fault drivers in fatal crashes.•Most high-risk drivers are male (84%) and young, with 54% under 30 years old.•The majority of people killed in high-risk driver crashes are the high-risk drivers themselves (59% of deaths) or passengers with high-risk drivers (29%). On average, each year 15 other road users are killed by high-risk drivers. Five of those deaths are on urban roads.

Motor Vehicle Crashes in New Zealand 2014During the 2014 calendar year there were:268 fatal road crashes8,614 injury crashes295 deaths11,219 people injuredCasualty rates for 2014 were:0.9 deaths per 10,000 vehicles33 injuries per 10,000 vehicles6.5 deaths per 100,000 population249 injuries per 100,000 population

Thank you

http://www.business.govt.nz/worksafe/hswa/working-smarter/tools-and-resources/case-studies/worker-participation-in-risk-management-improves-efficiency

http://www.business.govt.nz/worksafe/hswa/working-smarter/risks-by-industry/office-workers

http://www.business.govt.nz/worksafe/notifications-forms/notifiable-events/notifiable-event-problem-solver

http://www.business.govt.nz/worksafe/hswa/working-together/representation/health-and-safety-representatives-hsrs

http://www.business.govt.nz/worksafe/research/health-and-safety-data/nz-map/northland-region-fatalities

https://www.youtube.com/watch?v=H9OVxvcVFdY

http://construction.worksafe.govt.nz/guides/

Useful Links

http://www.business.govt.nz/worksafe/information-guidance/all-guidance-items/asbestos-factsheets

https://www.sitesafe.org.nz/guides--resources/hswact/

http://www.hse.gov.uk/https://learn.thundermaps.com/new-zealands-shocking-work-place-health-and-safety-statistics/

http://www.business.govt.nz/worksafe/hswa/working-smarter/tools-and-resources/HSWA-presentation