The New Zealand Government has announced a series of impending high-level changes and reforms to the Health and Safety at Work Act 2015 (HSWA). These reforms aim to streamline health and safety regulations, reduce compliance burdens, and clarify responsibilities, particularly for small, low-risk businesses.
While it's still very early days for specifics, here are the key points from the recent announcements:
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Distinction Between Governance and Operational Management:
The reforms will clearly separate governance and operational management responsibilities. This change will allow directors and boards to focus on strategic oversight, while day-to-day health and safety management will be handled by managers.
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Focus on Critical Risks for Small, Low-Risk Businesses:
Small, low-risk businesses will only be required to manage critical risks, which are defined as risks that could cause death, serious injury, or serious illness.
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Reducing Over-compliance:
The reforms address over-compliance by clarifying the boundaries between the HSWA and other regulatory systems that manage similar risks. This includes reducing notification requirements to WorkSafe NZ of only significant workplace events
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Public Reporting and Guidance:
A hotline will be established for the public to report excessive use of road cones and for WorkSafe NZ to provide guidance on instances of over-compliance.
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Recreational Land Use:
The reforms will free up private and public land for recreational use by ensuring health and safety duties for landowners and land managers are reasonable and proportionate.
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Approved Codes of Practice:
Changes to the Approved Codes of Practice model will increase certainty for businesses and workers about compliance requirements.
These initial changes are part of a broader reform program, with further announcements expected throughout the year. The legislation to amend the HSWA is anticipated to be introduced before the end of the year, with the goal of passing it in early 2026.
For more information on the reforms see the Government website here: www.mbie.govt.nz/business-and-employment/employment-and-skills/health-and-safety/health-and-safety-reform