Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Safety and Health Convention, 1981 (No. 155) - New Zealand (Ratification: 2007)

Referring to its observation, the Committee wishes to raise the following additional points.

Articles 1(3) and 2(3) of the Convention. Scope and definitions. With reference to its previous comment, the Committee notes that the Defence Forces, which are generally excluded from accident investigations (section 26(2) of the Health and Safety in Employment Act, 1992 (HSE Act)), will be covered by section 6 of the Health and Safety Reform Bill (H&SR Bill), currently before Parliament, but that some exceptions are still envisaged in section 6(2). The Committee also notes the observation of the New Zealand Council of Trade Unions (NZCTU) indicating the exclusion, in section 13(1)(b) of the H&SR Bill, of home occupiers in relation to residential work and volunteer organizations that do not employ employees from the definition of the person conducting a business or undertaking who bears the OSH duties under the legislation. Recalling the broad scope of the Convention in Articles 1 and 2, the Committee requests the Government to continue to supply information regarding the exclusion in certain circumstances of the Defence Forces, residential workers and others from the application of the legislation giving effect to the Convention, to indicate the reasons for these residual exceptions, and to provide information on measures taken to ensure that those excluded are adequately protected.

Articles 5 and 11. Main spheres of action under the national policy and progressive development of functions to give effect to the national policy. The Committee notes that a new occupational safety and health (OSH) regime is envisaged in the H&SR Bill, which would centralise the standard setting activity and charge WorkSafe NZ with preparing a first tranche of general regulatory work and a second tranche concerning specific industry-related regulations. The Committee also notes that a “Working Safer” strategy has been issued by the Government, with the objective of implementing, evaluating and monitoring a research programme within WorkSafe NZ. The Committee requests the Government to continue to provide information on the preparation and implementation of regulations by WorkSafe NZ. It also requests the Government to provide further information on the research programme set up within WorkSafe NZ and the impact of this research.

Article 13. Protection of workers from undue consequences. With reference to its previous comment, the Committee notes the Government’s statement that the H&SR Bill will contain similar provisions as the HSE Act in relation to a worker’s right to refuse to perform work that may cause them serious harm. It also notes the Government’s indication that a programme to provide codes of practice and guidance to businesses on how to undertake their health and safety duties has been implemented. The Committee also notes the observation of the NZCTU, indicating that the whistleblowing procedures established in the Protected Disclosures Act are focused on the public sector, and that these procedures may not be appropriate in relation to health and safety. The NZCTU calls for a review of the legislation. The Committee requests the Government to provide further information on measures taken, in law and in practice, to ensure that all workers benefit from the protection provided for in this Article of the Convention.

Article 14. Measures to promote the inclusion of OSH at all levels of education and training. The Committee notes that the resources of WorkSafe New Zealand have been increased to enable the increase of occupational injury prevention and the preparation of a wider range of OSH related information, and that a project relating to the training of OSH professionals has been put in place. The Committee also notes that the observation of the NZCTU highlight the weaknesses in OSH education. The NZCTU indicates and that poor understanding and handling of issues relating to occupational diseases is a particularly important problem. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that OSH is included in all levels of education and training as well as measures to strengthen training relating to occupational diseases. It also requests the Government to provide further details on the project aimed at training OSH professionals.

Decisions of courts of law. Application of the Convention in practice. The Committee notes the information provided by the Government, including the number of prosecutions resulting in convictions and the key areas of prosecution, notably the failure to notify the Regulator of the occurrence of serious harm or accidents in the workplace. It also notes from the statistics provided with regard to the types of injuries sustained in workplaces that the majority occur in the agricultural, forestry, mining and construction sectors. Furthermore, the Committee notes the observation by the NZCTU alleging that the statistics provided by the Government are not adequate to give a general sense of the court decisions and of the application of the Convention in practice. The NZCTU requests the Government to provide summaries of significant decisions as part of the reporting process. The Committee requests the Government to continue to supply information on the application of the Convention in practice, including copies of relevant court cases, and to provide information on the measures taken or envisaged, in law and in practice, to address the number of accidents occurring in the agricultural, forestry, mining and construction sectors.

[The Government is asked to reply in detail to the present comments in 2016.]