Abstract:
This article argues that both the practical consequences and the theoretical underpinning of experience rating are misaligned with the values and goals of the occupational health and safety legislative framework in New Zealand. Some perverse practical consequences of experience rating are employers discouraging employees from making claims or forcing a too-early return to work after an injury. These practical consequences are out of step with goals of the legislation. Experience rating is based on the assumption that occupational health and safety can be viewed as a commodity. Some of the underlying principles in the Health and Safety at Work Act 2015 challenge the notion that safety is merely a cost centre and places safety as a core business value or perhaps, even as a fundamental right of workers.