A highlight for business operators scrutinising the otherwise largely bare cupboard of the May budget was the intention to reduce red tape while improving the quality of outcomes
No-one was more excited at the prospect than the Chemical industry.
Relieving New Zealanders of expensive and complex regulations (causing widespread frustration over the absence of any tangible benefit from highly prescriptive regulations) would indeed be welcome.
Regulation Minister David Seymour notes New Zealand is over-regulated and has too many departments making regulations of poor quality. The fledgling Ministry for Regulation (MFR) was established with $16m and almost 90 staff, inherited from the disestablished Productivity Commission.
Critics were quick to highlight a generous budget, an expensive communications team and speculate about the Ministry’s ability to analyse and improve complex regulatory performance standards, often involving multiple government agencies.
A Regulatory Standards Bill requiring a comprehensive cost benefit analysis of new regulations will wend its laborious way through the legislative process.
Meanwhile, there are many opportunities to accelerate achieving the desired efficiencies in productivity without jeopardising workers’ health and safety or incurring additional expense.
No more fixing something that isn’t broken
The first priority for the chemical industry would be a return to approved industry codes of practice (ACoP).
A robust development process reflecting A/NZ Standards requirements and the New Zealand chemical industry association’s user-friendly HSNO Approved Codes provided the optimum solution.
It encapsulated international best practice, delivered through credible training, enabling compliance and simplifying enforcement.
There was no explanation as to why industry codes did not survive the creation of WorkSafe NZ. The incomplete transition from HSNO legislation to the HSWA Act and the complex, often irrational HSW (Hazardous Substances) Regulations frustrate compliance.
Abandoning the sensible but inconsistently delivered HSNO Approved Handler requirements qualification while retaining a few exceptions for niche chemical handling roles, has deprived more than half a million SMEs of a useful, in-house chemical safety adviser.
Our association has consistently opposed the present approach to regulating industry, namely:
- Decide without consultation there is a problem;
- Issue a ‘consultation’ document remarkedly like a draft regulation reflecting the predetermined outcome;
and - Implement it, typically without the necessary supporting infrastructure or benefiting from harnessing the resources offered by the industry association.
Our pragmatic, efficient alternative is to:
- Foster an effective working relationship with the industry association;
- Collectively determine whether a problem exists;
- Agree whether a practical, inexpensive solution is possible without new regulations;
- identify the necessary resources to enable implementation; and
- Include industry in developing user-friendly performance standards such as Codes and courses, thereby upskilling compliance and enforcement personnel.
Importantly, updating approved codes is easy, unlike unpredictable legislation and complex regulations.
Joint training is cost-effective for regulators and compliance certifiers.
Prescriptive compliance is not the answer
Continuing with the present mix of unyielding, prescriptive compliance requirements, variable interpretation and too often excessive costs arising from a flawed process, frustrates PCBUs, who want to do the right thing but largely lack the necessary expertise to confidently manage all aspects of their workplace chemical obligations.
Chemical suppliers and users grapple with non-scientific and increasingly subjective compliance requirements – their origin lost in the mists of time. Often advisors are promoted by WorkSafe NZ rather than the industry association. Timely and accurate technical advice from proactive industry associations helps establish and confirm safe workplace practices, enabling regulators to effectively carry out their necessary role in a spirit of mutually beneficial co-operation.
All chemicals are harmful and require sound management to maximise their value in sustaining and improving our quality of life.
The global chemical industry’s proven Responsible Care® initiative of “No harm to people or our environment arising from our products and operations” provides the regulators and regulated alike with the benchmark for safely managing workplace chemicals.
The rapidly approaching April 2025 deadline for transitioning to the Globally Harmonised System of Classification and Labelling of Chemicals (GHS), is complicated by remnants of the former HSNO system, together with the inexplicable loss of industry Approved Codes of Practice and the Approved Handler concept.
Industry covers the bases while regulators have other priorities
Fortunately, the chemical industry’s customised Competent Chemical Handler courses not only ensure workers can safely use workplace chemicals, but also provide employers with in-house, basic workplace chemical safety advice.
Whilst regulators grapple with many pressing concerns, chemical safety is not a priority for WorkSafe NZ – all the more reason for key regulatory agencies to harness the expertise and support available by collaborating with the chemical association in joint endeavours. The common aim is to protect people and our environment from the mis-use and mis-management of chemicals.
Responding to business lobby groups, the Government is opting for the massive task of reviewing the Health and Safety at Work Act 2015. Meanwhile, simply dismantling the traditional Government agency ‘silo approach’ by working collaboratively with proactive industry associations provides immediate relief.
Effective options to rapidly enhance workplace and consumer chemical health and safety include taking advantage of industry expertise and recognising the value of proven and inexpensive industry developed ‘compliance tools’. Reinstating enforceable, low-cost industry approved codes to enable and support training, compliance and enforcement costs Government nothing.
The absence of workplace chemical safety in the new WorkSafe NZ priorities for the next two years is an unintended boost for easy solutions provided by industry codes.
A rapid return to robust, approved industry compliance tools implemented by competent workers will quickly overcome concerns about inadequate performance, ease pressure on resources of risk-averse government agencies and increase respect for proactive participants and their achievements.
The good news? We need not wait for chemical safety to feature on legislative priority lists, avoid the new regulation queue, or bleat about diminishing resources. Benefit from proven industry compliance solutions.
When it comes to audience appeal, “Slashing red tape” will always guarantee media attention.
However solutions are harder to find.
Stakeholders will all benefit from proven industry expertise, resources and support – bringing rapid relief to the backbone of New Zealand – the 545,000 small and medium enterprises.
Barry Dyer
Chief Executive
Responsible Care NZ
Responsible Care is a global voluntary chemical industry initiative developed autonomously by the chemical industry for the chemical industry.
Chemical suppliers continue to help customers achieve workplace chemical safety aspirations through product stewardship initiatives.
To help solve the in-house chemical compliance dilemma in New Zealand, Responsible Care NZ delivers specialist and cost effective Competent Chemical Handler Certification© training tailored to your site chemical inventory.
Responsible Care NZ site compliance assessments are non-threatening, effectively capturing and assessing chemical safety performance in a variety of workplaces.
+64 4 499 4311
info@responsiblecarenz.com
www.responsiblecarenz.com
