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WorkSafe NZ put out a media release on 23rd August 2017 containing the details of the first sentencing following a prosecution under the Health and Safety at Work Act 2015 (HSWA). This has taken a long time as WorkSafe now have 12 months to decide if they are going to lay a prosecution, rather than the six months under the old act. The incident occurred on the 6th April 2016, two days after the new legislation was enacted. A worker had his hand caught as he fed product into a machine. He lost most of his fingers. The guarding on the machine had been identified as faulty six weeks prior and nothing had been done. WorkSafe NZ proposed $900,000.00 as an appropriate starting point for the fine. The judge considered that a range between $400,000 and $600,000 was more fitting the level of culpability. Taking various factors into account, the judge set the final range between $210,000 and $315,000. The fine was set at around $275,000 but was reduced to $100,000 based on the organisation’s ability to pay. Prior to 4th April 2016, under the Health and Safety in Employment Act 1992, fines for this type of incident sat between $30,000 and $40,000. This fine is a significant increase, and shows, very clearly, the government’s intention to hold organisations to account. The headline in the WorkSafe media release is “Take Immediate Action to Manage Known Risks”. It will not be acceptable to ignore identified hazards or risks. I was asked if it would have been better to not identify the risk. The answer to this is an emphatic no! HSWA is very clear that we must understand and manage the hazards and risks in our organisations. Failing to check for hazards or risks, or failing to acknowledge them would be against all principles of the act. We must undertake inspections and reviews to ensure that our building, plant and equipment is in good working order, that any required safety features are in place and are working, and that regular maintenance is being undertaken. We must also make sure that all standard operating procedures (SOPs) are current, and that workers are trained to use the plant and equipment correctly, and safely. How can Safewise help? We work with organisations who need more health and safety knowledge, or more time, than they have in house. For more information, check the website.

WorkSafe New Zealand have just released the first sentencing under the Health and Safety at Work Act 2015. This was for a machinery guarding incident; a worker had his hand caught, and lost most of his fingers. The company had identified a problem with the guarding six weeks prior to the incident, but had not taken any action towards fixing it. The fine was $100,000 which is an increase from $30,000 to $40,000 under the old Health and Safety in Employment Act 1992. The fine was reduced from $275,000 based on the organisation’s ability to pay. WorkSafe NZ said that identifying and listing hazards and risks is not sufficient. Organisations must act quickly to control the risk to the workers. In some cases, this may mean taking the machine out of service until it is fixed; it may involve special training or other equipment. Recently, I was asked if not identifying or listing hazards and risks would be a better option. It would not! Organisations have a duty to know about and manage the hazards in the workplace. Ignorance of, or ignoring them is not acceptable, and would incur a considerable fine. The best answer is to undertake regular maintenance, and reviews of your plant, equipment and processes to ensure that the hazards have been identified, the risks controlled and everything is being done safely. How can Safewise help? We work with organisations who need more health and safety knowledge, or more time, than they have in house. For more information, check the website.

I’ve been to a few training sessions recently where people are talking about work as it is done. Traditionally, health and safety has been based on fear, problems, and, sometimes, blame. Health and safety has had an image of being the “fun police”, not about people. It would be fair to say that putting rules in place and insisting on compliance is the starting point for most companies, especially those who are just starting the health and safety journey. There is a place for this type of health and safety. Once the basic health and safety structure is in place, it can be time to move on to the next level. There are a few key points to having a great health and safety culture, but, it all starts with people. Recognising people (workers) are responsible, want to do the job as well as they can, and want to go home safely, allows everyone to work together safely and effectively. Start by recognising that work is changeable and seldom goes the way we expect. There are changes every day. These can include weather, customer demands, worker illness, breakdowns, etc. When work or work conditions change, workers will modify their actions so that the work gets done. Management may not realise this is happening, particularly if the outcome is what is expected. When we expect widgets and get widgets, we tend not to look at how the widgets were produced. By visiting the workplace, and talking to the workers we can see, and hear what is actually happening. Asking questions such as “tell me about a job that went well. What made it go well” and “tell me about a job that didn’t go as well as expected. What made it not go well?” will give management a lot of answers. It also makes the workers feel engaged in the process of work, and safety. Take the time to listen, and walk around. Give workers feedback on their suggestions, recognise their contributions, and give them a sense of pride and belonging. The workplace will become a place people want to be at, pride in their work will increase resulting in more quality and less downtime. It may require a change in attitude and some perseverance but it will pay off in the long run. How can Safewise help? We work with organisations who need more health and safety knowledge, or more time, than they have in house. For more information, check the website.

Recently WorkSafe NZ announced that there had been seven workers killed at work, in a three-week period. At least two were forklift related; one involved a swing lift. It would be very easy to say that each of these people were in a place they shouldn’t have been, and that would probably be true. But, it is just the smallest part of the answer. It’s like saying wearing a hi viz vest will save your life. It will make you more visible, but it won’t make the injury less if you are hit or caught by machinery. I have no inside information about these incidents, and am not making comment regarding any one of them. However, some basic rules apply: Have a person in charge. Often this is the machinery operator but the important thing is that everyone knows who this person is. Remove people who are not necessary for the activity. Have a plan. Spend a few minutes discussing the activity. Identify the hazards and risks and put a plan in place to control them. Ensure that everyone knows and understands their role, including where they must be. Agree on communication. Make sure that the hand signals, or whatever means of communication you are using, is clearly understood by all people. STOP. If you can’t see someone who should be there, or who was in the area, stop operations until you know they are safe. Job Safety Analysis (JSA) and Standard Operating Procedures (SOP) A few years ago, a JSA was almost unheard of in smaller business; it was a tool used by large contractors. Smaller business used a hazard ID but, generally, nothing as complex as a JSA. This has changed and a JSA is expected in many situations. A JSA is a step by step analysis of the health and safety risks of an activity. It allows managers and workers to plan an activity safely. It can be completed by any person, with knowledge of the activity, but must be reviewed, discussed, and signed off by relevant workers before the activity begins. It must include site-specific hazards and risks. Used in conjunction with an SOP, there should be enough information to provide the workers with the safe, and efficient, method of carrying out the activity. JSAs and SOPs are similar in that they outline the activity step-by-step. However, a JSA is a hazard/risk assessment tool, while a SOP explains how an activity is done. Use these tools for hazardous activities. My thoughts are with the families, friends and colleagues of each of these workers. How can Safewise help? We work with organisations who need more health and safety knowledge, or more time, than they have in house. We can assist setting up SOPs or JSAs working closely with those who execute the tasks.

As business owners, or managers, there are a few things that can keep us awake at night: paying the bills, having enough work, having too much work, and our workers having an accident. Accidents do happen, our job is to put systems in place to prevent them. One way we can do this is by investigating all accidents. This includes accidents which result in injury, and those that result in property damage. It’s also essential that we investigate near misses. These are a golden opportunity to identify a risk and correct it before damage or injury occurs. The level of investigation will depend on the accident. Sometimes, a talk between the manager, or foreman, and the worker is sufficient. Sometimes, a full-blown investigation is needed. There are times when an independent, or qualified person is needed. The Basic Steps There are some basic steps which should be followed regardless of the level of the investigation: Look at the accident site; take a lot of photos. Talk to the people involved, including any witnesses. Try to confirm evidence by finding two sources of information. I always ask, what was different this time, what would you do differently next time, what do you think would stop it happening again? Look further back than the accident. It probably started well before the actual event Check over plant and equipment to identify any malfunctions; and that it is still fit for use following the accident. Putting it Together Once we have all the information, we need to put it together to understand the timeline, and flow of the accident. This will help us understand what really went wrong. It is very easy to blame the involved worker(s). It is true that the accident wouldn’t have happened without the people, but we lose a chance to improve our business by doing this. Workers make mistakes, or take shortcuts, all the time. The systems we put in place prevent these actions being harmful. So, in an accident investigation, we are looking for the system that needs to be fixed, modified or created. Telling people not to do things never works. Changing the boundaries they operate within, will make a difference. Once we identify the systems that need improving, we must create an action plan. This should include a person who is accountable, and a timeframe. It is good practice to have a senior manager sign off when it is completed. How can Safewise help? We work with organisations who need more health and safety knowledge, or more time, than they have in house.

Recently I undertook site audits for a client who is helping with the Edgecumbe disaster recovery. It was very interesting to see the damage, and the clean-up which is underway. It was also heart breaking looking at the mess - the damaged houses were somebody’s pride and joy. Whilst I was in Edgecumbe, I heard a lot of people saying that no one could have predicted the floods. That may be true, but, as business owners or managers we should be identifying the potential emergencies that could occur in our business, and putting an action plan in place to manage them. There will be some standard emergencies, such as falls, medical events and fire. There will also be business specific emergencies, e.g. working in confined spaces. However, we need to think about natural disasters. What would we do if a disaster struck? How will we care for our workers? How will we know remote workers are safe? Do we have sufficient supplies to survive if we can’t leave our work premises? Something to think about…

There are many things that an employer or manager does to ensure the safety of their workers; remember that workers include contractors, sub-contractors and other people. Some of these things are: Induction – making sure workers know about how we do health and safety in our organisation. Training – making sure workers know the best and safest way to do their tasks. Supervision – providing an experienced worker to watch over a worker who may be new, or new to the task. Toolbox meetings – discussing what we are about to do and how it will be managed, including the hazards and risks and how to manage them SOPs – standard instructions for tasks. PPE – providing workers with the most appropriate personal protection Checklists – machinery, plant and site. Despite all this, our workers still get hurt, or do the task without paying due attention to safety or quality. Nothing beats looking. One of the best tools in our safety toolbox is our eyes. Site reviews, and talking to the workers on the job, are very powerful tools. This allows us to identify work being done well, work being done not so well, and any problems on site. It doesn’t matter if the site is construction or transport, etc. There will always be a place or task we can look at. Recently, I was on a construction site. I had visited this site weekly for a few weeks prior to this incident. The organisation is very reputable and takes working safely seriously. On none of my previous visits had I identified any major problems. This visit we saw a worker using a concrete saw without water, without a mask, and without hearing protection. We contacted the site manager immediately who addressed the situation instantly. The worker only had a small job to do and decided to do it without following proper procedure; he believed that it would take longer to do it safely. Clearly, people will take short cuts if they think they will get away with it. The second step is to act. If you identify anything wrong, you must address it at once. If it is left, you send a message that it’s okay to take shortcuts. That you will only address concerns once the job is done. If you identify concerns, you should follow up to make sure the correct actions have been taken, and that the concern is not recurring. How can Safewise help? Safewise can help find any potential issues in your workplace through site visits, toolbox meetings and the various other services we offer. Let us help make your workplace safer, get in touch.

PCBUs PCBU means person conducting a business or undertaking. This is the entity of the business, so Safewise is a PCBU. It is not a person unless the business is a sole trader. The current act says the employer must provide a safe place of work but in the new Health and Safety at Work 2015 Act the PCBU has the primary duty of care for the health and safety of workers and others in the workplace. As far as is reasonably practicable they must: Provide and maintain safe plant and structures Provide and maintain safe systems of work Provide safe use, handling and storage of plant, substances and structures Provide access to adequate facilities Provide information, training and supervision Monitor the health of workers and the conditions of the workplace to prevent injury or illness Accommodation provided to workers that is owned or managed by the PCBU because other accommodation is not reasonably available must be in good condition. If you are self-employed and have no workers you are still a PCBU; you are responsible for your own health and safety while at work. Specific responsibilities for PCBUs who design, manufacture, install plant, substances and structures. The PCBU is required to ensure that any fixtures, fittings, plant, substance or structure is fit for task and without risks to the health and safety of any person. The PCBU must identify and inform the user of any hazard or risk, and the means of controlling these. How can Safewise help? Safewise can help you determine and manage the roles and responsibilities that you and your workers have in your organisation. We work with numerous business, big and small, helping them achieve safer places of work. If you would like help with the health and safety aspect of your business, or have any questions, please get in touch.

Summer is the favourite season for many of us. We love the long days, the hot weather and the chance to be outside. Whether socialising or working in the garden, summer is fun. Last year, summer was incredibly hot, and workers were becoming tired and distracted by the middle of the afternoon. Safewise would, on average, investigate two serious harm (now notifiable events) incidents a year for our clients. Last summer there were four in January alone. Each of these involved different industries, different number of workers, and different outcomes. What they had in common was the temperature, the length of the workers’ shifts, and their return to work after a holiday. As an employer, I ensure my workers have a reasonable break over the Christmas period. We take three weeks off, and there are a lot of long weekends at the beginning of the year. I expect my workers to come back refreshed, enthusiastic and ready to work. They do, but they also come back thinking about the time spent at the beach, the parties or family gatherings, and wishing it had lasted a bit longer. Sometimes they are focused on the next long weekend and getting back to the beach. As PCBUs we need to take reasonably practicable steps to keep our workers safe and that includes their mental and physical states. We often ignore workers’ mental states, but a distracted worker is a dangerous worker. Spend time with your workers to ensure their minds are on the job. Go over your instructions and ask them to describe the processes they will be taking. If this is a new task, or one they have little experience with, think about refresher training. The physical state of a worker is much easier to manage. Ensure they are protected from the weather with sunscreen and sunhats, but also they keep hydrated. Make cold water available to them, and plan the work so they are not outside, or making complex decisions, in the hottest part of the day. Distraction and fatigue are two leading causes of accidents. A little consideration of the workers’ needs goes a long way towards preventing accidents. It will also give you a worker who is happy to be back.. How can Safewise Help? Whether it's offering advise to maintain the safety and morale of your staff, or investigating a notifiable event, our consultants will do their best to ensure the safe and efficient running of your organisation. For information on how we can help you, contact us.

There is a lot to think about when we are working. We need to be sure that we are doing the job to the best of our abilities: quality, efficiency, and safely. Often we are focused on the task and presume that other people around us are aware of how and what we are doing.. However, this is not always the case. It is easy to assume that, because we understand our job very well, other people have the same knowledge. This is seldom the case. It can help to know what types of people are present. If you are delivering product to a construction site, you should be inducted and given information about the site. This would indicate that the other people on the site are aware of what work is being carried out, and the potential risks to them. If you are delivering or collecting from a farm as another example, there is more likelihood that there will be people on site who need supervision. This may include children. In either case, there could be people who are new to the task, or who are visitors. These people may not understand how hazardous your task is. They may assume that a tipper truck will never roll over, or a load never falls off the far side when unloading with a forklift, or that the dust or noise you are will not impact on them. As the person carrying out the task, you are responsible for the safety of yourself and those around you. Before starting work, make sure everyone in the same area is aware of what you are going to do. Make sure they understand the no-go areas or the PPE (personal protective equipment) they must wear. If you need their help, be very clear that they know what you expect of them. Go over the process as many times as necessary. Establish the communication method you will use. Practice the hand signals. Check they have the correct PPE and they know how to use it. Obviously, the more often you work with a person, the more you will trust their understanding. Look at each task as a new situation and be sure that the health and safety of yourself and others is the first thing you do. Stop and review this at any time you lose sight of the other people, or if you change the process, or if something doesn’t feel right. How can Safewise help? Here at Safewise, we have experienced and skilled consultants who are able to advise on carrying out your day to day tasks safely and efficiently. Whether its on a construction site, a farm, or in an office, we are able to offer personalised services to help ensure the safety of your work place. For more information, contact us .