Introduction

The Health and Safety in Employment Act 1992 (“HSEA”), has provided a blueprint for health and safety law in New Zealand for over twenty years. It appears universally accepted that the law has become outdated and required a change to ensure that New Zealand work places operate as safely as possible.

New Zealand’s record
New Zealanders become sick and are killed and injured in their workplaces at an alarming rate. Ministry of Business, Innovation and Employment statistics establish that, including road deaths, there are about 100 work related fatal injuries in New Zealand every year. Removing road deaths, there were 77 fatalities in 2010, 46 in 2011, 47 in 2012 and 51 in 2013. Of those workers, some 94% were men. The agricultural, forestry and fishing sectors have the highest number of fatal work related deaths.

Deaths from work related injury are primarily due to accidents involving motor vehicles, machinery related accidents; water transport accidents, people being struck by falling objects, and people falling.

Content outline

• A brief history of the legislation
• An overview of the new legislation
• What clients and lawyers need to know
• Who will be potentially liable
• Employee rights and obligations
• Penalties for breaches
• Dealing with WorkSafe New Zealand