WorkSafe NZ continues to be the target of widespread dissatisfaction by frustrated business operators struggling with complex and confusing compliance obligations. The chemical industry can help.
Criticism of our workplace health and safety legislation favours revising the HSW Act 2015 legislation ranging from the inability to readily determine compliance obligations and solutions, to the unavailability of helpful advice from the leading workplace health and safety enforcement agency.
Popular wisdom, especially extolling the virtues of learning from history, is receiving renewed attention following the Coalition government’s Code of Practice (CoP) directive to the under-resourced regulator.
The clarion call to action by Workplace Relations and Safety Minister the Hon. Brooke van Velden, requires WorkSafe NZ to provide employers and workers with appropriate advice and guidance in a consistent and practical process.
The Minister’s expectation is for a more supportive and collaborative, rather than punitive approach by the agency, given three months to explain how it intends to meet the challenge.
WorkSafe NZ has accepted the Minister’s challenge to become a more supportive partner, with leading industry associations offering value-added expertise, to reduce the burden on struggling regulators.
New Zealand’s chemical industry association stands ready to resume contributing to the worthy goal of easing the burden arising from inflexible chemical safety regulations by beginning with restoring industry developed codes of practice.
Ironically, there is a historical precedent for WorkSafe to draw upon, namely the successful collaboration between the then Department of Labour (DoL) and the national chemical industry association to promote and facilitate the implementation of the Hazardous Substances and New Organisms (HSNO) chemical management regime, despite widespread opposition and minimal funding.
The centrepiece was the close working relationship formed between the DoL Hazardous Substances Team and the then NZ Chemical Industry Council (NZCIC) to help ensure a smooth transition to New Zealand’s controversial, world-class HSNO Regulations to safely manage our national chemical inventory.
An early gain was harnessing former Dangerous Goods Inspectors and chemical industry veterans now employed as multi-role Workplace Inspectors and Hazardous Substances Enforcement Officers, who delivered free and frank advice from neighbourhood DoL offices throughout the country.
Nearly 6,000 attended the nationwide HSNO DoL and NZCIC roadshow featuring specialists from the then Environmental Risk Management Authority (ERMA), the Accident Compensation Corporation (ACC) and the NZCIC. Leading the delivery of practical and low-cost ‘compliance tools’ was a suite of industry-developed core HSNO Approved Codes of Practice (ACoPs).
The advantage of user-friendly ACoPs is in describing the preferred solution to a chemical safety issue, enabling uniform training, compliance assessments and ultimately enforcement action. Unlike prescriptive regulations, codes can be readily updated to reflect practical outcomes and industry experience.
There are examples of ACoP compliance being accepted in Court to demonstrate a duty holder’s actions represented all practicable steps (‘reasonably practicable’ in today’s terminology) in a workplace prosecution.
Safe Work Instruments helpfully circumvent the laborious process of amending regulations. They are enforceable when cited, however are largely technical and do not address all of the compliance requirements of a non-compliant workplace. ACoPs can reflect industry-specific scenarios.
It is perplexing why workplace chemical safety, relevant in every workplace and home in the country, does not enjoy a higher priority with our legislators and regulators — perhaps the absence of eye-catching statistics?
Continuing to cite the hypothetical 600-900 workers adversely affected by unwanted exposure to hazardous substances in workplaces, when the reality is likely much higher is not helpful.
Too many workers are exposed to harmful chemicals in their various activities. The Person In Charge of a Business Unit (PCBU) in safeguarding workers using the chemicals we all rely on every day, requires regular workplace compliance performance assessments – an early casualty of the loss of knowledgeable and helpful inspectors, forcing many duty holders to resort to costly ‘advisors’.
The reality is business operators longing for less regulation, easy access to helpful, non-judgmental advice and performance-based, cost-effective resources, especially user-friendly industry ACoPs to enable and encourage duty holders to ‘do the right thing’.
Expecting WorkSafe NZ to develop a suite of chemical management ACoPs is clearly unrealistic. Doing the right thing will always be constrained by the resources available. An overdue, positive step is for regulators to acknowledge the success of industry developed HSNO Codes and engage with industry to update codes, facilitating safer workplaces.
Much can be achieved without a lengthy overhaul of the HSWA, benefiting from proven historical achievements – beginning with reinstating updated CoPs to support the upskilling of Workplace Inspectors, local authority HSNO Enforcement Officers and certifiers in a joint industry-WorkSafe NZ strategy.
When developed in a robust, multi-stakeholder, ISO Standard-based process, easily maintained ACoPs present the wisdom and experience of industry experts to the benefit of everyone involved.
To help achieve their goal, an early win would be for the regulator to invite industry to commence updating key codes.
Achieving The Goal
The chemical industry proposes:
- Government agencies following the Minister’s advice to help overcome the perceived fear of approaching unhelpful regulators by engaging with proactive industry associations able to offer valuable resources and support.
- Inviting the Ministry for Regulation to prioritise replacing overlapping chemical management regulations by reinstating industry approved codes of practice.
- Actively supporting industry-developed ACoPs to provide ‘safe harbours’ for conscientious, law-abiding business operators needing a ‘hand up’.
- Inviting chemical industry specialists to participate in training and upskilling Workplace Inspectors and Certifiers.
- Consulting with the chemical industry association to identify and address chemical safety issues before they become problems, sparking unnecessary regulations.
- Recognising and supporting proven chemical industry compliance initiatives, e.g. site SH&E compliance assessments and certification, assistance with upskilling management and workers, together with supporting industry-led ACoPs.
Barry Dyer
Chief Executive
Responsible Care NZ
About Responsible Care NZ
No harm to people or our environment resulting from our products and operations is the motivating credo of 66 Responsible Care associations around the world, enabling safe chemical management. Regulators in many countries embrace chemical industry expertise and resources to help achieve safer workplaces.