Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations of the New Zealand Council of Trade Unions (NZCTU), communicated with the Government’s report. The Committee also notes the observations of Business New Zealand, received separately on 31 August 2021 and communicated with the Government’s report.

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 1(3) and 2(3) (scope of application), 9 (enforcement of laws and regulations), and 14 (measures to promote the inclusion of occupational safety and health (OSH) at all levels of education and training) of the Convention.

Articles 19 and 20 of the Convention. Cooperation between management and workers. Rights of workers and their representatives at the enterprise level. Following its previous comments on this matter, the Committee notes the indication in the report of the Government that work is underway to amend and remove an exemption in the Health and Safety at Work Act 2015 (HSWA). This exemption under sections 62(4) and 66(3) of the HSWA allows a “Person Conducting a Business or Undertaking” (PCBU) with fewer than 20 workers, in an industry not deemed to be high-risk, not to respond to a request to elect health and safety representatives or committees. The Committee notes the observations of the NZCTU indicating that they support such legislative amendments. The Committee further notes the observations of Business New Zealand that, currently, WorkSafe New Zealand can consider taking enforcement action if: (i) a PCBU does not have a deliberate, planned way to engage with workers or to support worker participation; (ii) workers do not have either a formal or informal way to engage and participate; (iii) there is no worker representation at work; (iv) worker engagement and participation are not working effectively; and (v) the PCBU is not tackling the problem effectively. The Committee requests the Government to continue to provide information on the progress made towards any amendment of the HSWA on this matter.