Where to Next for Workplace Safety
For 10 years The New Zealand Health and Safety at Work Act 2015 has been the cornerstone of workplace safety in New Zealand. However, with a comprehensive review of the regulation underway, it is crucial to evaluate what improvements can be made, ensuring that any new regulations are practical and take both, the needs of businesses and the safety of workers, into account.
There have been several recent high-profile health and safety failures that will inform these new developments.
The most recent landmark prosecution of former Ports of Auckland CEO Tony Gibson has sent a strong message to directors and senior managers about their health and safety governance. Gibson was found guilty of failing to fulfil his due diligence obligations as an officer of the company, which includes taking all reasonably practicable steps to ensure the health and safety of workers. This was the first prosecution of a senior executive of a large company under the Health and Safety at Work Act 2015. The result underscores the serious consequences for company executives who neglect their health and safety responsibilities.
This conviction marks a significant turning point for New Zealand businesses. It shows that workplace safety is not merely a compliance issue, but a fundamental responsibility of leadership at all levels. Directors and executives must now demonstrate a strong commitment to worker safety, including actively engaging with safety matters, ensuring robust safety systems are in place, and visibly championing a culture of safety within their organisations.
This case serves as a critical guide for all businesses across Aotearoa, emphasising the importance of prioritising workplace safety as a fundamental responsibility of leadership. Businesses are encouraged to review their current health and safety practices in light of the Ports of Auckland case and ensure they are meeting their obligations under the Health and Safety at Work Act 2015.
Want to learn more about this case, the future of workplace safety in Aotearoa, and other relevant developments in HR, Legal & Safety?
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