dc.contributor.advisor |
Cassidy, Julie |
|
dc.contributor.advisor |
Gunasekara, Gehan |
|
dc.contributor.author |
Dabee, Nadia |
|
dc.date.accessioned |
2021-04-30T02:37:31Z |
|
dc.date.available |
2021-04-30T02:37:31Z |
|
dc.date.issued |
2020 |
en |
dc.identifier.uri |
https://hdl.handle.net/2292/54999 |
|
dc.description.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. |
|
dc.publisher |
ResearchSpace@Auckland |
en |
dc.relation.ispartof |
PhD Thesis - University of Auckland |
en |
dc.relation.isreferencedby |
UoA |
en |
dc.rights |
Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. |
en |
dc.rights |
Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. |
|
dc.rights.uri |
https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm |
en |
dc.rights.uri |
http://creativecommons.org/licenses/by-nc-nd/3.0/nz/ |
|
dc.title |
On the Potential of the Health and Safety at Work Act 2015 to Improve Workplace Health and Safety in New Zealand |
|
dc.type |
Thesis |
en |
thesis.degree.discipline |
Commercial Law |
|
thesis.degree.grantor |
The University of Auckland |
en |
thesis.degree.level |
Doctoral |
en |
thesis.degree.name |
PhD |
en |
dc.date.updated |
2021-04-29T07:51:38Z |
|
dc.rights.holder |
Copyright: The author |
en |
dc.rights.accessrights |
http://purl.org/eprint/accessRights/OpenAccess |
en |
dc.identifier.wikidata |
Q112562957 |
|