On the Potential of the Health and Safety at Work Act 2015 to Improve Workplace Health and Safety in New Zealand

Abstract

This thesis argues that the potential of the Health and Safety at Work Act (HASWA) 2015 to improve workplace health and safety (WHS) in New Zealand has yet to be achieved. The Act increases the possible punishments for breaches of the duties within it, which may increase deterrence. However, duty-holders’ ability to comply may be limited by lack of knowledge, or resources, or both. Thus this thesis explores ways to improve regulatees’ know-how and capacity to comply. Research indicates that indirect worker representation through safety representatives and unions improves WHS. Under the new Act, safety representatives seemingly have more powers and responsibilities. However, the reality is that these powers are so limited that most workers in New Zealand will not be able participate meaningfully in WHS. This thesis thus suggests a worker representation model based on the Swedish model of ‘roving inspectors’. If properly implemented, this new model may improve the capacity and ability of workers to comply. The obstacles to implementation are low unionisation rates and the fact that unions in New Zealand do not always have a tradition of organising workers. The use of ‘safety collectives’ as an alternative to unions is thus suggested. Workers also have a unique understanding of work on the ‘sharp end’. Another significant change is that, under the Act, officers, such as company directors, must now exercise due diligence to ensure that their organisations comply with the duties in the HASWA. There is indeed research to indicate that officers are the key people in organisations to lead improvements in WHS. In spite of the significance of these changes, little emphasis is currently being placed on the regulation of the due diligence duties. Thus, this thesis seeks to uncover ways in which those duties can be better regulated and implemented so that officers’ ability to comply may be improved. A co-regulatory model is suggested between officers organised into ‘self-regulating associations’ and WorkSafe New Zealand. The use of re-integrative shaming within the regulatory framework might also be appropriate to regulate officers’ duties.