Aspiring Law
03 March 2024, 4:02 PM
Not one, but two workplace incidents hit the headlines this week.
In Australia, Bunnings was ordered to pay out $1.3million to a former worker after she was seriously injured lifting a 11kg bucket of fertiliser. And, what’s more, the fertiliser manufacturer was ordered to contribute!
Here in our own backyard, Trade Depot was forced to pay out almost $500,000 in fines and reparations when a customer was struck by a forklift and had to have her lower leg amputated.
In the case of Trade Depot, the company was found to have no effective traffic management plan in place to keep pedestrians and moving vehicles separate. One-way systems, barriers, speed bumps, signage and designated crossing points could have prevented this terrible accident.
These cases are a good lesson for Kiwis employers on the importance of health and safety at work.
While the massive Bunnings payout was in Australia, New Zealand has its own very stringent health and safety laws which are largely based on the Australian work health and safety laws.
The rule of thumb and guiding principle of the Health and Safety at Work Act 2015 (HSWA) is that workers and other persons should be given the highest level of protection against harm to their health (both physical and mental), safety, and welfare from any workplace risks, so far as is reasonably practical.
And businesses must be able to demonstrate this.
HSWA has shifted the focus here in New Zealand, from merely monitoring and recording health and safety incidents, to proactively identifying and managing all risks.
As a business you have the primary responsibility for the health and safety of all your workers and any other workers they influence or direct. You are also responsible for the health and safety of people at risk from the work that your business carries out.
Are you across your obligations and actively managing workplace risks? If you need advice on workplace policies and health and safety, get in touch, we can help.