The recent health and safety law reforms announced by Workplace Relations and Safety Minister Hon Brooke van Velden have sparked widespread discussion across New Zealand.
These changes are designed to reduce compliance costs for small, low-risk businesses while maintaining essential safety standards. However, reactions from the business and safety community have been mixed. While some welcome the reduced administrative burden, others worry that the changes do not sufficiently address New Zealand’s high workplace harm rates.
In this article, we will explore the key reform highlights, discuss the implications for businesses, and share perspectives from industry leaders.
We will also outline Advanced Safety's position on the changes and provide practical advice on how businesses can stay compliant and safe.
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Contact Us TodayKey Reform Highlights: Health and Safety Law Reform
The government's reform package is aimed at economic growth by easing health and safety compliance requirements for small, low-risk businesses. Minister van Velden highlighted that many small businesses struggle to identify key risks and bear the costs of compliance. The key changes include:
Carve-out for Low-Risk Businesses: Small, low-risk businesses are now exempt from some general Health and Safety at Work Act requirements, needing only to manage critical risks and basic welfare facilities.
Reduced Administrative Burden: Only significant workplace events, such as deaths, serious injuries, or illnesses, will need to be reported, cutting down on unnecessary paperwork.
Clarification of Regulatory Overlap: The reforms address overlaps between health and safety regulations and other legal frameworks to reduce redundancy and over-compliance.
Public Hotline for Road Cones: A new hotline has been introduced for the public to report excessive use of road cones, which has been a long-standing frustration for businesses.
Outdoor Recreation Liability Clarification: Landowners will not be held liable if injuries occur during recreational use of their property. The responsibility will lie with the organisation managing the activity, not the landowner.
Governance vs. Management Responsibilities: To address concerns around overcompliance, the reforms clearly distinguish between governance roles and operational management, allowing managers to handle day-to-day safety while directors focus on strategic oversight.
What Health and Safety Law Reform Means for Your Business
These reforms primarily target small, low-risk environments. Businesses in high-risk sectors, such as construction, manufacturing, agriculture, and forestry, should note that their compliance responsibilities remain largely unchanged. Maintaining stringent safety practices is still essential.
For larger organisations, the clarification between governance and management responsibilities is especially relevant. Clearer delineation helps reduce confusion and ensures that directors can concentrate on governance rather than micromanaging health and safety tasks.
Outdoor businesses may also benefit from the new liability rules, as it becomes clearer that landowners are not liable for injuries sustained during recreational activities on their property. This change could make it easier to allow public access without legal risk.
Industry Perspectives on Health and Safety Law Reform
The business community has reacted to these reforms with mixed opinions. Some welcome the reduction in red tape and the focus on critical risks. However, safety advocates worry that prioritising cost reduction over comprehensive harm prevention could leave some workers more vulnerable, particularly within smaller businesses.
The Business Leaders’ Health and Safety Forum, which represents over 430 CEOs, acknowledged the positive step of focusing on critical risks. However, they also pointed out that the reforms fail to adequately address New Zealand’s static rates of workplace injuries and fatalities, which are notably higher than those in the UK and Australia.
Advanced Safety's Take on Health and Safety Law Reform
Advanced Safety acknowledges that the current legislation already mandates that businesses manage risks proportionate to their level. Small, low-risk businesses are not typically required to implement excessive systems. The issue lies in the perceived misunderstanding that smaller companies are unfairly burdened by compliance.
Another point of concern is the lack of a legal definition for 'critical risk,' which could lead to confusion as businesses attempt to interpret the new guidelines. Until WorkSafe publishes updated Codes of Practice and Good Practice Guidelines, businesses may continue to look to international examples for best practices.
Finally, while some may find relief in the road cone hotline, it remains a curious addition to the reform package, given the more pressing safety challenges New Zealand faces.
A Call For Practical Health and Safety Reform
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A Call For Practical Health and Safety ReformStaying Compliant Amid Health and Safety Law Reform
Businesses should take the following steps to remain compliant:
Review Health and Safety Policies: Make sure your policies remain up to date and monitor the news for future announcements.
Clarify Roles and Responsibilities: Ensure that your governance team and operational managers understand their distinct duties under the current law and are aware of the potential new framework.
Monitor Further Updates: As the reforms evolve, staying informed will be key to maintaining compliance. Subscribe to the Advanced Safety Newsletter to keep up to date.
Final Thoughts
As the new health and safety law reforms continue to roll out, it is essential for businesses to stay proactive. While some changes may reduce the paperwork burden for low-risk companies, the core principles of managing significant risks remain intact. Advanced Safety will continue to provide guidance and support as more details emerge.
For tailored advice on how these reforms may impact your business, feel free to reach out.
