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HEALTH AND SAFETY BASICS.

Health and Safety Basics

What are some of the basics of health and safety?

Everyone has contribution to health and safety matters, and if health and safety is not being done in a way that genuinely involves workers then it has already likely failed.

The establishment and maintenance of Health and Safety compliance in any Business or Undertaking for the purposes of beginning to reduce that business or undertaking’s contribution in any civil matter is typically the focus of most businesses. This approach leads to big money for lawyers and the courts but does nothing to actually achieve real health and safety management and worker engagement.

What is contrbution and why should you care?

Authorities generally seek to determine what the company and its officers did, or did not do, which lead to the breaches of the law that lead to horror of the health and safety accident/incident.

Contribution is generally based the actions or inactions of workers, officers and managers, and the company itself.

The higher the contribution, the higher tthe fine, fee, or penalty subsequent for each breach.

Health and Safety Basics

So what should I start to consider?

There are a number of topics and law to consider when genuinely beginning or engaging workers in health and safety:

This is only a beginning.

What can I do if the place I work at is not doing health and safety in a way that ensures my health and safety at work?

Short answer: Get assistance from outside your organisation. Why? because if the culture is to say they do health and safety and you still feel unsafe it is likely that this organisation is not genuinely doing health and safety in a way that will prevent injury and illness.

The traits of these unsafe health and safety cultures are likely a lot of paper controls and personal protective equipment and not a lot of engineering controls of ways to physicaly prevent injury or accident to workers.

Dangerous health and safety cultures also do not involve workers in the creation of policies or engineering controls and never hold elections for worker health and safety representatives.

What is the importance of the regulations that are attached to the Health and Safety at Work Act 2015?

What is often missed from the health and safety responsibilities of all parties is the regulations. The regulation suite is signifigant and features a number of important rights and responsibilities.


For example, workers should consider Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016 and the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 to begin with.


It is very likely that the policy many employers, incorporated societies, companies, and other organisations may not actually conform with these.


Given that these regulations must be complied with, Working For Workers is repeatedly invovled in cases where they are not.


If the organisation only has policies and no controls in place, they have likely already failed in their obligation to protect workers, the public, stakeholders, contractors, and customers.


A shining example of where procedure and paper policies ended in the death of a worker is the most recent incident at the Ports of Auckland where a worker was crushed by a shipping container and killed.


The father of seven (7) was a stevedore who had only worked for Ports of Auckland for a couple of month. Adding insult to injury two (2) weeks before this incident the same policies in place at the port had to the port company being fined after the Ports of Auckland admitted a health and safety charge at the Auckland District Court following the death of twenty-three 23-year-old Laboom Midnight Dyer two (2) years earlier.


Summary: Two (2) deaths, same workplace, same Person Conducting a Business or Undertaking.


No father for seven (7) children. Heartbreak for families. Employer repeated the mistakes and didn't have the right controls in place to protect workers.


Had the workers organised and refused to work under those conditions by citing the regulations then this may not have happened.


If you want to discuss this feel free to contact Working For Workers and we will happily assist.

Health and Safety Basics

There are over five hundred and fifty six cases (556) that demonstrate that not taking health and safety seriously can lead to death or serious injury of workers as of the 1st of November 2023.

The most recent being: Whakaari/ White Island trial: Whakaari Management convicted of one health and safety charge relating to fatal eruption | RNZ News

What is deeply concerning is that number is set to rise unless workers speak out as the number of WorkSafe inspectors is on the decline.

Employers are likely spending good money on lobbying to reduce these inspectors. However, if workers want to raise concerns then the first step is to raise a protected disclosure to ensure that the workers job is protected when raising any health and safety matter.

Health and Safety Basics

If you or someone you know is considering raising a health and safety matter, or is ending employment because of health and safety and does not have a representative, then any delay in seeking the right advice can hurt any chances when it comes to any future process.

Working For Workers is happy to assist in engaging in raising health and safety matters pursuant to your employment.

Working For Workers understands that it is hard to trust anyone when is comes to ending your employment.

Often, the experience of raising matters of health and safety and trying to resolve matters can be stressful and you often feel alone without representation. 

You are not alone. 

Working For Workers advocates and representatives have the skills and expertise to help you out and restore balance to the situation. 

No matter how bleak or difficult it seems, there are ways and means of getting your rights observed and your position protected in a early resolution process. 

Please contact us today to discuss the matter and start turning things around for you.  

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