WORKSAFE
POSITION –
WHEN WILL
WORKSAFE
INTERVENE1?
Purpose
Background
This document sets out WorkSafe New Zealand’s
WorkSafe is New Zealand’s primary health and safety
(WorkSafe) approach for determining whether
regulator, with the target of reducing workplace deaths
it is appropriate for WorkSafe to intervene in
and serious injuries by 25% by 2020. To achieve the
circumstances where WorkSafe and another agency2
system-wide work health and safety changes that will
both have a role in promoting work health and safety.
be needed to meet this target, WorkSafe needs to
This position provides guidance on what factors
WorkSafe will take into account when considering
whether to intervene in a matter that falls within the
scope of WorkSafe’s functions, but is also influenced
by other legislation or regulations.
The purpose of having this position is to minimise
confusion for duty-holders about which regulator is
responsible and to ensure that WorkSafe is targeting
its resources to achieve the greatest benefits across
New Zealand’s work health and safety system.
ensure that we are focusing our resources on matters
connected to the organisational purpose and functions
laid out in the WorkSafe New Zealand Act 2013
(WorkSafe Act).
HSWA is a key tool for WorkSafe to achieve its targets.
The jurisdiction of HSWA is deliberately broad, in
order to avoid regulatory gaps. This creates a
number of situations where a PCBU3 will be subject
to regulatory oversight both under HSWA and other
pieces of legislation.
This means that there are a number of matters that
Application
Section 191 of the Health and Safety at Work Act 2015
(HSWA) allows the Prime Minister to designate other
agencies as being responsible for work health and
safety in certain sectors. This position does not apply to
fall within the jurisdiction of HSWA, but may be more
closely connected to the functions of another agency.
These matters may be better addressed by that agency
exercising their powers to address the matter, because
they have particular skills or competencies that would
contribute to effective resolution of the matter.
the scope of activities covered by the designation, but
may apply to matters where there is legislative overlap
WSNZ_2370_Dec 16
and which are not covered by a designation.
1 The term ‘Intervene’ covers the full range of WorkSafe’s activities, from investigations and prosecutions to guidance and educational campaigns.
2 For the purposes of this document, ‘agency’ means any core government department, Crown Entity/Agent other than WorkSafe or oversight body
that is empowered by legislation to monitor compliance and carry out enforcement activities.
3 A ‘Person Conducting a Business or Undertaking’ has a number of duties under HSWA.
GETTING YOU HOME HEALTHY AND SAFE.
THAT’S WHAT WE’RE WORKING FOR.
worksafe.govt.nz
0800 030 040
What does the law say?
Section 10 of the WorkSafe New Zealand Act 2013
>> promote and co-ordinate the implementation
lays out the functions of WorkSafe. For the purposes
of health and safety initiatives by establishing
of this document, the key functions are:
partnerships or collaborating with other agencies
>> monitor and enforce compliance with relevant
or interested persons in a coherent, effective and
health and safety legislation
>> provide guidance, advice and information to
efficient way.
Section 35 of HSWA also allows WorkSafe to have
persons who have duties under relevant health
regard for duties imposed under other enactments
and safety legislation and to the public
when deciding whether someone has satisfied their
obligations under HSWA.
4 WorkSafe also has responsibilities under the Hazardous Substances and New Organisms Act 1996, the Electricity Act 1992 and the Gas Act 1992.
GETTING YOU HOME HEALTHY AND SAFE.
THAT’S WHAT WE’RE WORKING FOR.
worksafe.govt.nz
0800 030 040
What factors will WorkSafe
consider when deciding
whether to intervene?
that may not be resolved by the actions of another
Where there is a matter that falls within the jurisdiction
intervention is being carried out by the agency best
of HSWA along with other legislation or regulations,
agency. Where that is the case, WorkSafe will consider
whether collaborative or parallel regulatory intervention
is required.
The intent of this position is to ensure that any
placed to influence. Expectations on PCBUs continue to
WorkSafe will consider whether intervening in the
be set by the responsible regulator.
matter would assist us to deliver on our purpose and
As the primary work health and safety regulator,
functions. If it would not, then WorkSafe will not take
WorkSafe may intervene in any matter that falls within
any action.
the scope of HSWA or other legislation that WorkSafe is
If an intervention would assist WorkSafe to deliver on its
responsible for (unless it is covered by a designation).
purpose and functions, we will then consider whether
WorkSafe or another agency is best placed to intervene.
In this context, ‘best placed’ means:
WorkSafe may also revisit any matter where we have
previously decided not to intervene depending on
the circumstances (for example, if new information
is uncovered).
>> there is legislation or regulations designed and
intended to address the matter
>> the functions of another agency make them better
suited to address the matter
>> another agency has better tools to influence
behaviour with the aim of reducing future risk
>> the other agency has skills or competencies
that enable them to better exercise professional
judgement about the most effective way to address
the matter
>> the other agency has ability, through exercising
their powers, to influence the health and safety
performance of those duty-holders under their
oversight. For instance, do they have a statutory
ability to investigate issues?
Where WorkSafe considers that another agency is
best placed, we will engage with them. As part of a
collaborative regulatory approach, we will also consider
whether there are any work health and safety matters
Agreements and Memoranda of Understanding
Where WorkSafe has significant interaction with another agency, it may be appropriate to set up an agreement or
Memorandum of Understanding to guide those interactions, balance the priorities of both organisations, and to
ensure that any potential gaps or overlaps are accounted for. These agreements will take this position into account.
GETTING YOU HOME HEALTHY AND SAFE.
THAT’S WHAT WE’RE WORKING FOR.
worksafe.govt.nz
0800 030 040