Kerre Woodham: There's got to be a happy medium in health and safety

The war on road cones has ratcheted up, with the coalition government setting up a hotline for people to report the overzealous use of road cones and no, it's not an April Fool's joke. The hotline is part of a first tranche of measures introduced by Workplace Relations and Safety Minister Brooke van Velden, designed to reform the country's health and safety laws so businesses can focus on the necessary and the essential - not on the “senseless and superfluous” as Brooke van Velden told Mike Hosking this morning.  

“One of the things I heard from travelling from Whangarei to Bluff, talking to small business and workers, was that most of them don't know what to do to comply. We're going to make it a lot clearer, so you only need to focus on your critical risks. Things that will actually cause people harm, rather than posters saying warning hot water or warning here is a staircase. We've got to bring some common sense back to New Zealand and to business.   

“A lot of it is companies finding they're spending a lot of money on over compliance because they are fearful of prosecution. You know, and we've heard it even in the case of traffic management that sometimes some companies are spending nearly half of their project cost on temporary traffic management. So, we're bringing some common sense back and saying look, in some cases you're doing too much and in some cases, we need to focus less on the paperwork and making sure that WorkSafe has a paper trail and more on how you actually reduce harm in your workplace. Let's go back to what you can recognise as things that could cause death or serious illness and injury and not sweat the small stuff.” 

So businesses will now only notify WorkSafe when significant events occur, such as death, serious injury, and illness, which is a good thing. I remember coming out of the studio door a couple of years ago and a bit of loose metal cut the top of my foot. Not seriously, I required a Band-Aid, not stitches, but I had to fill out a workplace health and safety form. It was an incident.  

However, the Opposition spokesperson Jan Tinetti says the Government is weakening workplace health and safety reforms and is being reckless. She says health and safety is not a political game, and everyone must get home safely. And whenever I think of the words “getting home safely”, I think of Jahden Nelson. The 28-year-old scaffolder had to have both of his arms amputated after a metal pole he was carrying touched a live overhead power line. The workplace he’d been working on had been given a Close Approach Consent – that's required when work is being done near overhead power lines. The consent required the crew that put up the scaffolding to be the same crew that took it down for safety reasons, so they knew where the power lines were, they knew they were live – it makes sense.  

However, WorkSafe found none of the four man dismantling crew, including Jahden, had been involved at the outset. The initial crew received a safety briefing – not the dismantling crew. So the company was sentenced, and the fine was reduced to nothing because they couldn't pay it. And you know, ultimately it doesn't really matter what sort of fine they got or what sort of punishment they got because Jahden’s the one who is living without his arms. A 28-year-old man, fit, strong, healthy, goes to work, spends six months in hospital, his life has changed forever because some numpty didn't bother to assess the critical risk and tell the dismantling crew ‘make sure the overhead power lines are switched off’. Or you don't go near them, or they're insulated. And that, I guess, is what Brooke van Velden is talking about, that if firms are focused on the critical risk factors involved in the business it makes much more sense than saying be careful of the Zip, the water's hot.  

We have an absolutely shocking record of work-related deaths. An estimated 10,000 people, men, women, and, in some cases, children have died from occupational ill health or workplace fatalities since 2010 – in 15 years, 10,000 people have died. And then you've got people like Jahden: didn't die. Has his life changed? You betcha. 420,000 people were injured at work.  

So I think some of these dumb rules came as a result of people just desperate to ensure that workers went to work and came home safely. I think they were trying everything, throwing everything at it. The International Labour Organisation (ILO) has data from 2022, and it allows comparison between countries that use a risk management framework, which we've done since Pike River since 2010. According to this, almost three times as many people die at work in New Zealand than in the UK. So more rules, the word soup, hasn't made us safer. What will? What is it going to take to prevent the deaths of 10,000 more people over the next 15 years and having 420,000 people's lives changed - some irrevocably? Fewer rules and thinking for yourself? Well, that was a very laissez-faire attitude – that was the she'll be right attitude that some of the old timers still have. Surely there's got to be a balance between the she’ll be right and the word soup. There's got to be a happy medium that sees workers go to work and come home safe.

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