The government’s new Health and Safety at Work Act, which will come into effect in April next year, will have significant impacts on all businesses — especially those with employees who drive as part of their job.
One of the biggest changes is the clarification of who is responsible for workplace safety, requiring businesses to appoint a newly defined entity known as the Person Conducting a Business or Undertaking (PCBU). A PCBU has the primary duty under the new law to ensure workplace safety — for employees and those affected by the undertaking. Despite the name, a PCBU will usually be a business rather than an individual person, unless they are a sole trader or self-employed.
Another new aspect of the law is that an officer of a PCBU (such as a director, board member or partner) must exercise due diligence to ensure that the PCBU complies with its duties. This places a positive duty on people at the governance level of an organisation to actively engage in health and safety matters, and means the directors of a company could be held liable for failing to ensure that a PCBU complies with health and safety regulations.
Because the new Act defines a workplace as a place where work is carried out for a business or undertaking, and includes any place where a worker goes or is likely to be while at work, this includes vehicles.
This has serious implications for any company with fleet vehicles, which are essentially mobile workplaces. Fleet managers will need to have access to information on how the vehicles are being used and if they're being operated in a safe manner at all times. They should also be aware of their maintenance status and the capability and qualifications of their drivers, to ensure that they know of any avoidable risks and to ensure they are in a position to take steps to minimise them. GPS monitoring, telematics and online reporting are likely to become vital tools.
Road safety charity Brake has recently published a guidance report (on driver training and education) for employers with staff who drive for work. The report includes guidance on training and education, developing positive attitudes and behaviours and advice on key road-safety education topics such as speeding and distracted driving.
Caroline Perry, Brake's NZ director, says with the health and safety reforms, ‘Companies need to ensure they are doing everything possible to keep their drivers and other road users safe when employees are on the road. By making sure that drivers have the necessary skills, and providing education to improve their attitudes and behaviours, companies can have a large impact on road safety.’
WorkSafe New Zealand is currently preparing formal guidance material to help companies and workers comply with the new act. This will be available in early 2016, and in the meantime, WorkSafe suggests:
- Familiarise yourself with the key concepts of the legislation
- Review your health and safety practices
- Identify health and safety risks in your business and take steps to prevent these from causing harm
- Lead by example
- Make health and safety part of your workplace culture.
LeasePlan will keep you updated on the new legislation and how it is likely to affect your business, before the new regulations come into force.