Health, Safety & Security in Employment

Health, Safety & Security

Unit #8 – Learning Outcome 2

The International Travel College of New Zealand 2

HeaHealth & Safety in Employment Act 1992

• Promotes the prevention of harm to all people at work, and others in, or in the vicinity of, places of work.

• Applies to all New Zealand workplaces and places duties on employers, the self-employed, employees, principals and others who are in a position to manage or control hazards.

• Requires employers and others to maintain safe working environments, and implement sound practice.

• Recognises that successful health and safety management is best achieved through good faith co-operation in the place of work.

• The Department of Labour administers and enforces the HSE Act in most workplaces.

• Maritime New Zealand and the Civil Aviation Authority administer and enforce the Act in the maritime and aviation sectors.

• New Zealand Police works with the Department to enforce the Act in relation to commercial vehicles.

• The HSE Act was first passed in 1992, but was reviewed and amended substantially in 2002.


Regulations are made under the Act

• To set minimum standards for the management of hazards where alternative control measures are not always effective

• To deal with administrative matters provided for in the Act (such as appointment of inspectors); and:

• Where a regulation exists, its requirements are mandatory• Approved ‘codes of practice’ are guidelines which have been

approved by the Minister of Labour, under the Act. Their requirements are not mandatory or enforceable as such, but their observance is accepted in Court as evidence of good practice.

• Guidelines developed by the Department of Labour may not have undergone a formal approval process, but are nevertheless an important source of guidance for employers and others.


Codes of Practice• Recommended means of compliance with the requirements of the

Act, and have been developed after consultation with the industry or industries concerned.

• Applies to anyone who has a duty of care in the circumstances described in the code - including employers, employees, self-employed, principals to contracts, owners of buildings or plant.

• An approved code does not necessarily contain the only acceptable ways of achieving the standard required by the Act. But, in most cases, compliance will meet the requirements of the Act, in relation to the subject matter of the code.

• An approved code does not have the same legal force as a regulation, and failure to comply with a code of practice is not, of itself, an offence.

• Observance of a relevant code of practice may be considered as evidence of good practice in a court.


Accident Compensation Act 2001

• The Act provides financial compensation and support to citizens, residents, and temporary visitors who have suffered personal injuries.

• The Act reflects the Government’s key goals, which are:– injury prevention– complete and timely rehabilitation– fair compensation – Code of ACC Claimant’s Rights.


Preventing injuries

• The AC Act makes injury prevention a primary function of ACC. It states that:– ACC must continue to ensure its injury prevention

activities are targeted at a cost-effective reduction in levy rates

– ACC will take part in joint ventures or sponsorships aimed at reducing injuries

– ACC must ensure that its injury prevention initiatives are coordinated with those of other agencies, including OSH/Department of Labour.


ACC Cover• The Act prescribes no-fault personal injury cover for everyone in New Zealand,

including visitors to New Zealand and New Zealanders who are overseas for less than six months. ACC funded support may include

– treatment and rehabilitation services– lost earnings compensation.– emergency transport by ambulance and transport to treatment and rehabilitation– travel for escorts and support people– assistance with accommodation.– social rehabilitation: helping injured people learn to live with an injury and its effects – vocational rehabilitation: helping injured people back to work after an injury. – provision of aids and appliances (for example wheel chairs and walking frames)– home help, child care and attendant care– modifications to the home– training for independence programmes.– vocational assessment and support– funeral grants– survivor’s grants – weekly compensation to survivors


Accident Compensation Corporation (ACC)

• The Accident Compensation Corporation (ACC) is the New Zealand Crown entity responsible for administering the Accident Compensation Act 2001.

• ACC is responsible to a Cabinet Minister via its Board of Directors. • ACC is the sole and compulsory provider of accident insurance for all work

and non-work injuries. • The ACC Scheme is administered on a no-fault basis, so that anyone,

regardless of the way in which they incurred an injury, is eligible for coverage under the Scheme.

• Due to the Scheme's no-fault basis, people who have suffered personal injury do not have the right to sue an at-fault party, except for exemplary damages.

• The ACC Scheme provides a range of entitlements to injured people• The entitlements offered by the Scheme are subject to various eligibility

criteria.• ACC is funded through a combination of levies and government

contributions. • Costs relating to an injury are paid by ACC.

Privacy and Equality Law


Privacy Act 1993• Introduced in 1993, and controls how 'agencies' collect, use, disclose, store

and give access to 'personal information'. • The privacy Codes of Practice does the same, but they apply to specific

areas - particularly health, telecommunications and credit reporting.• Personal information is information about identifiable, living people. • Almost every person or organisation that holds personal information is an

'agency'. So, for example, the Privacy Act covers government departments, companies of all sizes, religious groups, schools and clubs.

• Only a few organisations and people are not 'agencies'. Other rules exist to govern how they manage personal information, so the Privacy Act does not cover what they do. Organisations that aren't covered by the Privacy Act include:

o Members of Parliament, when they are acting as MPs.o Courts and tribunals, in relation to their judicial functions. o The news media when they are conducting their news activities.


The 12 Privacy Principles

• Principle 1, Principle 2, Principle 3 & Principle 4 govern the collection of personal information. This includes the reasons why personal information may be collected, where it may be collected from, and how it is collected.

• Principle 5 governs the way personal information is stored. It is designed to protect personal information from unauthorised use or disclosure.

• Principle 6 gives individuals the right to access information about themselves.

• Principle 7 gives individuals the right to correct information about themselves.

• Principle 8 and Principle 9, Principle 10 & Principle 11 place restrictions on how people and organisations can use or disclose personal information. These include ensuring information is accurate and up-to-date, and that it isn't improperly disclosed.

• Principle 12 governs how "unique identifiers" - such as IRD numbers, bank client numbers, driver's licence and passport numbers - can be used.


The Privacy Commissioner

• The Office of the Privacy Commissioner is an Independent Crown Entity, funded by the State, but independent of government or Ministerial control.

• The Privacy Act 1993 gives the Privacy Commissioner the power to issue codes of practice that become part of the law.

• Codes of practice are a flexible means of regulation and can be amended or revoked by the Privacy Commissioner at any time.


Equality Law: Human Rights Act 1993

• The Human Rights Act sets out the primary functions of the Human Rights Commission.

• These are to advocate and promote respect for and appreciation of human rights in New Zealand society; and to encourage the maintenance and development of harmonious relations between individuals and the diverse groups in New Zealand society.

• The Commission also has the power to resolve disputes relating to unlawful discrimination.

• If you believe you have been discriminated against you can ask the Commission for assistance.

• The Act’s intention is to help ensure that all people in New Zealand are treated fairly and equally.


The New Zealand Bill of Rights Act 1990

• The Act sets out a range of civil and political rights, which arise from the United Nations International Covenant on Civil and Political Rights.

• The Act includes, among other things, the right to freedom of expression, the right to religious belief, and the right to freedom of movement, and the right to be free from discrimination, and medical experimentation.

• The New Zealand Bill of Rights Act requires the Government and anyone carrying out a public function to observe these rights, and to justify any limits placed on them.

• Complaints about breaches of these rights are privately funded and proceed through the courts.


The Human Rights CommissionThe Human Rights Commission was created to provide better protection of human rights in New Zealand. It works for a fair, safe and just society, where diversity is valued, human rights are respected, and everyone is able to live free from prejudice and unlawful discrimination.

The Human Rights Commission’s job is to:

– advocate and promote respect for human rights in New Zealand– encourage harmonious relations between individuals and among the

diverse groups in New Zealand– lead, evaluate, monitor and advise on equal employment opportunities– provide information to the public about discrimination and to help

resolve complaints about discrimination.


Structure of Human Rights Commission

• There are eight Human Rights Commissioners, the Chief Commissioner, the Equal Employment Opportunities Commissioner, the Race Relations Commissioner and five part-time Commissioners.

• The Director of Human Rights Proceedings heads up an independent office within the Commission, the Office of Human Rights Proceedings.

• The Director decides whether to provide legal representation for people who have complained of breaches of the Human Rights Act, 1993.

• Proceedings are heard in the Human Rights Review Tribunal.• The Commissioners and the Director act independently and are supported

by staff in Auckland, Wellington and Christchurch.• The Human Rights Commission offers a free, confidential service for

members of the public with human rights enquiries and complaints of unlawful discrimination.

• The Commission’s dispute resolution process is limited to unlawful discrimination complaints. However the Commission also addresses broader human rights issues. These include human rights issues other than discrimination relating, for example to disability, housing, education, detention, employment and race relations.

Employment Law


Employment Relations Act 2000

Object of the Act:

(a) to build productive employment relationships through the promotion of good faith in all aspects of the employment environment and of the employment relationship:

– by recognising that employment relationships must be built not only on the implied mutual obligations of trust and confidence, but also on a legislative requirement for good faith behaviour

– by acknowledging and addressing the inherent inequality of power in employment relationships; and

– by promoting collective bargaining; and– by protecting the integrity of individual choice; and– by promoting mediation as the primary problem-solving mechanism; and– by reducing the need for judicial intervention; and

(b) to promote observance in New Zealand of the principles underlying International Labour Organisation Convention 87 on Freedom of Association, and Convention 98 on the Right to Organise and Bargain Collectively.


Employment Dispute Institutions

The Employment Relations AuthorityThe ERA is an investigative body that examines the facts of the case in seeking to resolve problems with the parties' employment relationship. The members of the Employment Relations Authority are appointed by the Governor-General on the advice of the Minister.

The Mediation ServiceThe Mediation Service is run by the Department of Labour and the mediators are employees of the Department. Parties in a dispute should have tried to solve their problems before going to the Employment Relations Authority.

The Employment CourtThe Employment Court is a court of record and has equal standing to the High Court of New Zealand. The judges of the Employment Court are appointed by the Governor-General on the advice of the Attorney-General.


The Employment Relations Authority (ERA)

• The Employment Relations Authority (ERA) resolves employment relationship problems that cannot be solved through mediation. It is an independent body set up under the Employment Relations Act 2000.

• Its role is to resolve employment relationship problems by looking into the facts and making a decision based on the merits of the case, not on technicalities.

• They have offices in Auckland, Wellington and Christchurch


Employment Disputes: info• Lodging an ERA case costs the applicant $71.56 lodgment fee.• Applicants must supply supporting documents• Employers have the right to reply to the complaint, at no cost.• Case management is usually done by phone and is informal• Translators are available where needed• Cases may be referred to mediation – a free service provided by

MBIE• ‘Investigation meetings’ usually take one day or less. Further days

are at a cost to the applicant of $153.33 per half day.• ERA will issue a ‘determination’ based on their investigations, and

the determination is legally binding on both parties.• If an applicant is not happy with the determination they can go to the

Employment Court within 48 hours of the ERA determination.


Employment Legislation covers:• Employment Agreements• Keeping of wages and records• Health and safety• Minimum pay rates• Break entitlements• Annual holidays• Public holidays• Sick leave• Other types of leave (eg maternity, sick leave, bereavement leave)• Flexible working arrangements• Union membership rights• Resignation• Retirement• Dismissal• Restructuring and redundancy• Dispute resolution (mediation and tribunals)

Consumer Protection Law


Fair Trading Act 1986

• The Fair Trading Act 1986 is a statute of New Zealand.

• Its purpose is to encourage competition and to protect consumers from misleading and deceptive conduct and unfair trade practices.

• The Fair Trading Act provides for consumer information standards.

• Under the Act, the Commerce Commission enforces product safety standards on items such as bicycles and flammability of children's night clothing.

• The Act prohibits certain conduct and practices in trade, provides for the disclosure of consumer information relating to the supply of goods and services and promotes product safety.


Enforcing the Act:

• The Commission assesses information it receives along with information it gathers from its own monitoring and surveillance activities, to determine the investigations that it carries out into unfair or misleading trading practices.

• Investigations are commenced according to a set of enforcement criteria.

• If the Commission considers that a breach of the Act may have occurred, it has a number of options open to it for resolving each investigation.

• The options include prosecuting the offending business where this is considered the most appropriate action.

• Only the courts can give an authoritative ruling as to whether behaviour breaches the Act and award appropriate penalties.

• Outcomes can include refunds of monies paid, fines, contracts voided or changed, goods repaired or replaced.

Business

Health, Safety & Security in Employment