Media Release

8 May 2009

The Department of Labour has set out the principles and policies it follows when enforcing the Health and Safety in Employment Act, in order to make its enforcement activities more transparent and consistent.

The Department’s new Enforcement Policy, Keeping Work Safe, outlines the enforcement tools available to deal with non-compliance, and explains how the Department decides which tool to use in particular cases, says Department of Labour head of Workplace Health and Safety Craig Armitage.

“Being clearer about how we undertake our enforcement role is crucial in creating an atmosphere of understanding, trust and collaboration,” Mr Armitage says.

“The Department has a number of options and tools for ensuring compliance with the Health and Safety in Employment Act. However, given our enforcement role is primarily aimed at promoting excellent health and safety practices in the workplace, we will generally use the minimum enforcement necessary to obtain compliance with the Act.”

New Zealand’s workplaces are many and varied, and the policy does not attempt to describe what the Department will do in every situation, he says. “Instead, it sets out key principles and processes for enforcing the Act and describes what people with duties under the Act can expect in response to a range of situations.” 

The policy reflects feedback from the Government’s 2006/07 Quality Regulation Review, which showed that business owners wanted more transparency from government agencies, Mr Armitage says. It also supports the Department’s move to adopt a more responsive approach to regulation – one that uses the best tool available to achieve the health and safety outcome sought.

He says the policy is based on six principles:

• Consistency – The Department will take a similar approach for similar events, though its actions will reflect the unique nature of every situation.
• A proportionate focus on potential for harm – the Department is likely to be tougher in cases where non-compliance potentially harms several people.
• Public accountability - Where there has been a death or the harm is very serious prosecution action is highly likely.
• Fairness – Decisions will be fair, impartial and undertaken with integrity.
• Prioritisation – The Department may target enforcement activities towards particular hazards or concerns. 
• Open and accountable – The Department will be clear about what it expects and will provide an opportunity for people with duties under the Act to ask questions and to seek review.

Mr Armitage says the Department’s initial response to non-compliance might not involve use of its statutory enforcement tools. “For example, if non-compliance is of a minor nature and it does not immediately endanger any person, we might agree with the relevant duty-holder on ways for them to become compliant without having to use an enforcement tool.

“However, if non-compliance is of a serious nature, or if there is a likelihood of someone being seriously harmed, we are more likely to use an infringement notice or prosecution.”

A copy of the policy will be available on the Department’s website at http://dol.govt.nz/publications/research/keeping-work-safe.

ENDS.