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Health and safety protections

How the health and safety laws are enforced

What can I do if I think my workplace is unsafe?

You should first raise the issue with your employer’s health and safety officer or committee, as soon as possible.

If that doesn’t resolve the problem, you can complain to Worksafe New Zealand. Their health and safety inspectors can investigate breaches of health and safety laws and enforce the laws. You don’t have to give your name when you complain.

Can I refuse to do work on health and safety grounds?

Health and Safety at Work Act 2015, s 83

You can refuse to do work if you believe it would expose you (or anyone else) to a serious risk. The risk has to come from an “immediate or imminent” exposure to a hazard.

You then have to raise the problem with your employer as soon as you can. You could do this with your company’s health and safety representative. If the problem isn’t resolved you can continue to refuse to do the work, so long as you have reasonable grounds for believing there’s a serious risk.

You can contact Worksafe (0800 030 040) anonymously if you’re concerned about any unsafe or unhealthy work situation that could lead to death or serious injury or illness. You could also contact your union.

Note: You’ll have reasonable grounds for continuing to refuse to do the work if you’ve been told by your workplace’s health and safety representative that it would expose you or someone else to a serious risk.

If your employer fires you or disadvantages you in some other way for stopping work on health and safety grounds, you may be able to take a personal grievance against them to the Employment Relations Authority (see the chapter, “Resolving employment problems”). You can’t be treated unfairly because you’re involved in health and safety.

About health and safety inspectors

Health and Safety at Work Act 2015, ss 163–180

Health and safety inspectors work for WorkSafe New Zealand, the government agency responsible for enforcing the health and safety laws. Inspectors have the legal right to enter any workplace to ask questions, gather information, and take samples.

Note: It’s a criminal offence to obstruct or delay health and safety inspectors when they’re doing their work.

What can an inspector do to enforce health and safety laws?

Health and Safety at Work Act 2015, ss 101–107, 136–140, 141–145

Once an inspector has investigated a health and safety problem at your workplace, there are a range of options. The inspector can:

  • decide to take no further action
  • speak or write to your employer about their safety practices
  • give them a written warning
  • give the employer an improvement notice, requiring them to take some action to comply with the health and safety laws
  • give the employer a prohibition notice, requiring them to immediately stop a particular activity
  • give the employer an infringement notice requiring them to pay a fine (an “infringement fee”).

In the most serious cases WorkSafe New Zealand can bring a criminal prosecution.

Criminal offences under the health and safety laws

Health and Safety at Work Act 2015, ss 47–49

Employers can be given significant criminal penalties for breaching the health and safety laws:

  • Breaching a duty – If an employer breaches a health and safety duty but no-one is exposed to any serious risk, they can be convicted and fined up to $100,000 if they’re an individual person, and up to $500,000 if they’re a company.
  • Creating a serious risk – If an employer breaches a health and safety duty and this exposes their workers or others to a risk of death, serious injury or serious illness, they can be fined up to $300,000 if they’re an individual, and up to up to $1.5 million if they’re a company.
  • Recklessly creating a serious risk – If an employer recklessly does something that exposes their workers or others to the risk of death, serious injury or serious illness, they may face a jail term. They can be jailed for up to five years or fined up to $600,000, or both, if they’re an individual. If the employer is a company, they can be fined up to $3 million.

Can I get compensation if I’m injured because of an unsafe workplace?

Yes. If you’re unable to work because of your injury, compensation is available under the accident compensation scheme, administered by ACC (see the chapter “Accident compensation (ACC)”).

You’ll receive 80% of your wages (“earnings related compensation”). The first week’s compensation is paid by your employer and then by ACC after that. There are also some lump-sum payments available for specified permanent injuries (for example, the loss of a limb).

If your employer pleads guilty to a charge under the Health and Safety at Work Act, you may be offered the chance to participate in a restorative justice process with them before sentencing. It’s up to you whether you do this.

Employers who are convicted of breaching health and safety laws can be fined and ordered to pay reparation. The inspector will talk with you and prepare a Victim Impact Statement to be given to the judge at sentencing – this will give details of the effect on the offending on you. The Victim Impact Statement should cover your physical injuries, any emotional harm and financial expenses. Reparation could include the 20% of lost wages that were not covered by ACC, compensation for any emotional harm you suffered, and related out-of-pocket expenses like any medical bills or counselling fees.

Sentencing Act 2002, s 14

Note: If the employer would otherwise be fined and ordered to pay reparation, but can’t afford to pay both, the judge will order reparation only.

Can I be fired or treated unfairly for speaking out about a workplace accident or health and safety issues?

Employment Relations Act 2000, s 103(1)(j); Health and Safety at Work Act 2015, s 89

You can bring a personal grievance if your employer fires you or otherwise treats you unfairly to get back at you for some action you’ve taken relating to health and safety, including if you:

  • stopped work on health and safety grounds
  • raised health and safety issues
  • talked to a health and safety inspector.

See the “Resolving Employment Problems” chapter, under “Health and safety: Retaliation because you stuck up for your rights in the workplace”.

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Employment conditions and protections

Where to go for more support

Community Law

www.communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and, depending on your situation, may also be able to provide ongoing support.

“Pregnancy Rights: Your legal options during and after pregnancy” (booklet)

This booklet contains practical answers to questions about pregnancy and the law, and includes information on sexual health and consent, options after a positive pregnancy test, healthcare, education, housing and more.

Order hard copies from:

Community Law Wellington and Hutt Valley

Phone (04) 499 2928

Email: publications@wclc.org.nz or visit www.communitylaw.org.nz to buy a copy or access free online

Ministry of Business, Innovation & Employment

www.employment.govt.nz

Free phone 0800 20 90 20, for general enquiries about employment relations, pay and holidays.

The Employment website of the Ministry of Business, Innovation & Employment publishes a range of publications on employment relations and minimum rights at work.

Labour inspectors

Labour inspectors monitor and enforce minimum employment conditions. To refer a problem to a labour inspector, you contact the Ministry of Business, Innovation & Employment on:

Free phone 0800 20 90 20

Worksafe New Zealand, Mahi Haumaru Aotearoa

www.worksafe.govt.nz

Free phone: 0800 030 040

Worksafe New Zealand’s website has a range of information and publications on workplace health and safety issues.

Parental leave payments

www.ird.govt.nz/topics/paid-parental-leave

The Inland Revenue website has information on parental leave payments.

Whistle-blowing (“Protected disclosures” by employees)

www.ombudsman.govt.nz

Free phone: 0800 802 602
Email: info@ombudsman.parliament.nz

The Office of the Ombudsman provides information and guidance to employees about making a protected disclosure.

New Zealand Council of Trade Unions, Te Kauae Kaimahi

www.union.org.nz

Phone: (04) 385 1334
Email: info@nzctu.org.nz

The NZCTU is the umbrella body for affiliated unions covering every job and industry in New Zealand. It can provide information about which union may cover the type of work you do.

Also available as a book

The Community Law Manual

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