{"id":172,"date":"2023-08-18T09:23:42","date_gmt":"2023-08-17T23:53:42","guid":{"rendered":"https:\/\/prd0jseasy.wpenginepowered.com\/nz\/new-zealand-workplace-health-and-safety-faq\/"},"modified":"2024-08-03T09:26:29","modified_gmt":"2024-08-02T23:56:29","slug":"new-zealand-workplace-health-and-safety-faq","status":"publish","type":"page","link":"https:\/\/jseasy-safety-software.com\/nz\/new-zealand-workplace-health-and-safety-faq\/","title":{"rendered":"New Zealand WHS FAQ"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"172\" class=\"elementor elementor-172\" data-elementor-post-type=\"page\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-3bb0ebe elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"3bb0ebe\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-b67db77\" data-id=\"b67db77\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-ce37a48 elementor-widget elementor-widget-heading\" data-id=\"ce37a48\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t<h1 class=\"elementor-heading-title elementor-size-default\">New Zealand WHS FAQ<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-4c27d7d elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"4c27d7d\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-3fa19ae\" data-id=\"3fa19ae\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-e67185f elementor-widget elementor-widget-text-editor\" data-id=\"e67185f\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p><strong>Q.\u00a0What is New Zealand\u2019s current Legislative Framework?<\/strong><\/p><p><strong>A.\u00a0<\/strong>On Monday 4 April 2016, the new Health and\u00a0<strong>Safety at Work Act 2015 (HSWA)<\/strong>\u00a0came into effect.<\/p><p>\u00a0The majority of the first phase of regulations to support HSWA have now been finalised and <strong>came into force on 4 April 2016<\/strong>, along with the Act.\u00a0<\/p><p>The regulations, supported with information and guidance from WorkSafe New Zealand, are intended to support businesses (particularly small businesses) to understand what they need to do to comply with the general duties of the Act.<\/p><p>The detailed regulations are available on the\u00a0<span class=\"link-external\">\u00a0<\/span><a href=\"http:\/\/www.legislation.govt.nz\/\" target=\"_blank\" rel=\"noopener\">Legislation website<\/a>.<\/p><ul><li>Health and Safety at Work (General Risk and Workplace Management) Regulations 2016<\/li><li>Health and Safety at Work (Worker Engagement, Participation and Representation) Regulations 2016<\/li><li>Health and Safety at Work (Major Hazard Facilities) Regulations 2016<\/li><li>Health and Safety at Work (Asbestos) Regulations 2016<\/li><li>Health and Safety at Work (Adventure Activities) Regulations 2016<\/li><li>Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016<\/li><li>Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016<\/li><li>Health and Safety at Work (Rates of Funding Levy) Regulations 2016<\/li><\/ul><p><strong>Q.\u00a0Who enforces New Zealand\u2019s Occupational Health and Safety in New Zealand?<\/strong><\/p><p><strong>A.\u00a0<\/strong>The Department of Labour (DoL) administers and is the lead agency responsible for ensuring compliance with the HSE and HSNO Act in most workplaces. Maritime New Zealand (MNZ) and the Civil Aviation Authority (CAA) administer and enforce the HSE Act in the maritime and aviation sectors respectively.<\/p><p>The Ministry for the Environment administers the HSNO Act, although the Act charges the Environmental Risk Management Authority with many functions. Responsibility for enforcing the HSNO Act falls to the following agencies:<\/p><ul><li>The Department of Labour (DoL) -in respect of workplaces<\/li><li>The Ministry of Economic Development (in respect of gas installations)<\/li><li>The New Zealand Police (in respect of motor vehicles and railways)<\/li><li>The Civil Aviation Authority (CAA) -in respect of aircraft and aerodromes<\/li><li>Maritime New Zealand (MNZ) -in respect of ships<\/li><li>The Ministry of Health (in respect of protecting the public health)<\/li><li>Territorial authorities (in respect of all other locations).<\/li><\/ul><p><strong>Q.<\/strong>\u00a0<strong>Who administers New Zealand\u2019s Rehabilitation and Compensation System?<\/strong><\/p><p><strong>A.<\/strong>\u00a0The lead agency for the rehabilitation and compensation system is the Accident Compensation Corporation (ACC). This agency is charged with delivering a 24-hour, no-fault, comprehensive insurance system for personal injuries that occur in New Zealand (including work-related injuries). ACC has a key function of preventing injury, which is given effect through incentives programmes and other specific programmes targeted at reducing the impact of occupational injury and disease.<\/p><p><strong>Q.\u00a0What is New Zealand\u2019s National WHS Policy Framework?<\/strong><\/p><p><strong>A.<\/strong>\u00a0New Zealand is serviced by two key national policies to support the prevention of work-related injury and disease: the New Zealand Injury Prevention Strategy (NZIPS) and the Workplace Health and Safety Strategy (WHSS). The WHSS, in particular, provides a clear set of strategic outcomes with regard to work-related injury and disease and details the actions necessary to achieve them. Priority areas for the WHSS are:<\/p><ul><li>airborne substances<\/li><li>psychosocial work factors<\/li><li>workplace vehicles<\/li><li>vulnerable workers<\/li><li>manual handling<\/li><li>small business<\/li><li>slips, trips and falls<\/li><li>high-risk industries.\u00a0<\/li><\/ul><p><strong>Q.\u00a0What is New Zealand\u2019s Health and Safety Reform Bill?<\/strong><\/p><p><strong>A.<\/strong>\u00a0Working Safer: a blueprint for health and safety at work reforms New Zealand\u2019s health and safety system following the recommendations of the Independent Taskforce on Workplace Health and Safety and the Royal Commission on the Pike River Coal Mine Tragedy.<\/p><p>When the new Health and Safety at Work Act comes into force, it will replace the Health and Safety in Employment Act 1992 and the Machinery Act 1950.<\/p><p>The Bill is currently before parliament. The new select committee has a report back of 30 March 2015 and then the Bill will continue its progression through the parliamentary process. It is likely that the Bill will come into force in the second half of 2015<\/p><p><strong>Q. What is a SWMS?<\/strong><\/p><p><strong>A.<\/strong>\u00a0<strong>SWMS is a Safe Work Method Statement.<\/strong><\/p><p>A SWMS is a written document that sets out the high-risk construction work activities to be carried out at a workplace, the hazards and risks arising from these activities and the measures to be put in place to control the risks. Its primary purpose is to help supervisors and workers implement and monitor the control measures established at the workplace to ensure high risk construction work is carried out safely.\u00a0 <a title=\"An example of a SWMS Created using the JSEAsy EHS Software\" href=\"https:\/\/jseasy-safety-software.com\/au\/wp-content\/uploads\/sites\/4\/2024\/03\/SWMS_Example_Replace_Carpark_Floodlight_Full_Report.pdf\" target=\"_blank\" rel=\"noopener\">An example of a SWMS can be found here<\/a>.<\/p><p><strong>Q.\u00a0What is a JSA?<\/strong><\/p><p><strong>A.\u00a0Job Safety Analysis (JSA)<\/strong>\u00a0is one of the risk assessment tools used to identify and control workplace hazards. \u00a0A JSA is a second tier risk assessment with the aim of preventing personal injury to a person, or their colleagues, and any other person passing or working adjacent, above or below. JSAs are also known as Job Hazard Analysis (JHA) and Task Hazard Analysis (THA).<\/p><p><strong>Q.\u00a0What is a JSEA?<\/strong><\/p><p><strong>A.\u00a0A Job Safety and Environmental Analysis (JSEA<\/strong><strong>)<\/strong>\u00a0is the same as a JSA or a SWMS but also considers the risks to the environment and control measures to minimise these risks.\u00a0<a title=\"This is a Hybrid JSEA\/SWMS Report\" href=\"https:\/\/jseasy-safety-software.com\/au\/wp-content\/uploads\/sites\/4\/2024\/03\/SWMS_Example_Replace_Carpark_Floodlight_Full_Report.pdf\" target=\"_blank\" rel=\"noopener\">An example of a JSEA can be found here<\/a>.<\/p><p><strong>Q.\u00a0What is the difference between a SWMS and a JSEA?<\/strong><\/p><p><strong>A.\u00a0A Job Safety and Environmental Analysis (JSEA<\/strong><strong>)<\/strong>\u00a0is essentially the same as a Safe Work Method Statement (SWMS) but also considers the risks to the environment and control measures to minimise these risks. They all follow the following 3 basic elements:<\/p><p>Job step &#8211; what are you going to do?<\/p><p>Potential Hazard \u2013 What can go wrong or cause injury to persons or property<\/p><p>Hazard control measure \u2013 What are you going to do to make sure it doesn\u2019t go wrong or cause injury.<\/p><p><strong>Q.\u00a0Does JSEAsy produce a SWMS or a JSEA?<\/strong><\/p><p><strong>A.<\/strong>\u00a0The\u00a0<strong>JSEAsy software produced a hybrid SWMS\/ JSEA document.\u00a0<\/strong><\/p><ul><li>By inserting the steps that you are going to take, in the order that you are going to take them you are creating a<strong>\u00a0Work Method Statement.<\/strong><\/li><li>By identifying the potential hazards associated with each step and ways to control them you are creating<strong>\u00a0a Safe Work Method Statement (SWMS)\u00a0<\/strong>or a<strong>\u00a0Job Safety and Analysis (JSA).<\/strong><\/li><li>By identifying<strong>\u00a0Environmental Hazards\u00a0<\/strong>associated with each step and ways to control them you are creating a<strong>\u00a0JOB Safety and Environmental Analysis (JSEA).\u00a0<\/strong><\/li><\/ul><p>JSEAsy wraps all this into one document.<\/p><p><strong>Q.\u00a0Will the document created from JSEAsy be compliant in New Zealand and with the\u00a0new Health and Safety at Work Act ?<\/strong><\/p><p><strong>A.\u00a0<\/strong>Yes. The documents produced from the JSEAsy software are compliant with all\u00a0of the\u00a0new regulations.<\/p><p><strong>Q.\u00a0Is preparing a SWMS or JSEA mandatory?<\/strong><\/p><p><strong>A.<\/strong>\u00a0\u00a0Preparing a SWMS is mandatory in some cases as described\u00a0in the Reform Bill in particular:<\/p><ul><li>A Safe Work Method Statement (SWMS) must be prepared before high risk construction work<\/li><li>\u00a0A person conducting a business or undertaking (PCBU) must ensure the high risk construction work is carried out in accordance with the SWMS for the work<\/li><\/ul><p><strong>Q.\u00a0I am not undertaking High Risk Construction Work. Is preparing a SWMS or JSEA mandatory in my circumstances?<\/strong><\/p><p><strong>A.<\/strong>\u00a0Preparing a SWMS is not necessarily mandatory in many instances; however you may find that it may be a good way of ensuring you are meeting your obligations with the Regulations under the reform bill.<\/p><p><strong>Q.\u00a0\u00a0What Is a Code of Practice in New Zealand?<\/strong><\/p><p><strong>A.<\/strong>\u00a0An approved code of practice is a practical guide to achieving the standards of health, safety\u00a0 and welfare required under the\u00a0Reform Bill<\/p><p>Codes of Practice provide practical guidance on how to meet the standards set out in the WHS Act and the WHS Regulations. Codes of Practice are admissible in proceedings as evidence of whether or not a duty under the WHS laws has been met. They can also be referred to by an inspector when issuing an improvement or prohibition notice.<\/p><p><strong>Q.\u00a0Is a Code of Practice Mandatory?<\/strong><\/p><p><strong>A.<\/strong>\u00a0A code of practice applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the WHS Act, in relation to the subject matter of the code.<\/p><p><strong>Q.\u00a0I am self-employed, do I need to prepare a SWMS or JSEA ?<\/strong><\/p><p><strong>A.<\/strong>\u00a0Yes. Under the WHS acts and legislations at self-employed person is considered to be a PCBU. Under the OH&amp;S Acts and legislation, a self-employed person must comply with the requirements\u00a0 as if that person were an employer.<\/p><p><strong>Q.\u00a0What is a PCBU?<\/strong><\/p><p><strong>A.<\/strong>\u00a0 Person conducting a business or undertaking (PCBU) \u2013 a person conducting a business or undertaking alone or with others, whether or not for profit or gain. A PCBU can be a sole trader (for example a self-employed person), each partner within a partnership, company, unincorporated association or government department of public authority (including a municipal council).<\/p><p>An elected member of a municipal council acting in that capacity is not a PCBU.<\/p><p>A \u2018volunteer association\u2019 that does not employ anyone is not a PCBU. If it becomes an employer it also becomes a PCBU for purposes of the WHS Act.<\/p><p>A \u2018strata title body corporate\u2019 that does not employ anyone is not a PCBU, in relation to any common areas (it is responsible for) used only for residential purposes. For further information on the meaning of PCBU please refer to\u00a0<a title=\"Who or what is a PCBU?\" href=\"https:\/\/worksafe.govt.nz\/managing-health-and-safety\/getting-started\/understanding-the-law\/primary-duty-of-care\/who-or-what-is-a-pcbu\/\" target=\"_blank\" rel=\"noopener\">Worksafe New Zealand<\/a><\/p><p><strong>Q.\u00a0What does my organisation need to do to comply with WHS laws?<\/strong><\/p><p><strong>A.<\/strong>\u00a0Under the work health and safety (WHS) laws your organisation it must ensure, so far as is reasonably practicable, the health and safety of all of its workers, including volunteers. This means that the organisation must provide the same protections to its volunteer workers as it does to its paid workers. The protection covers the physical safety and mental health of all workers, including volunteers.<\/p><p>This primary duty on an organisation is qualified by \u2018so far as is reasonably practicable\u2019. This means the organisation does not have to guarantee that no harm will occur, but must do what is reasonably able to be done to ensure health and safety. If your organisation is run by volunteers, this is a factor that will be taken into account in determining what is reasonably practicable for the organisation to do in any given circumstance.<\/p><p><strong>Q.\u00a0What is reasonably practicable?<\/strong><\/p><p><strong>A.<\/strong>\u00a0Safe Work Australia\u00a0<a title=\"How to Determine what is Reasonably Practicable to meet a Health and Safety Duty\" href=\"https:\/\/www.safeworkaustralia.gov.au\/doc\/how-determine-what-reasonably-practicable-meet-health-and-safety-duty\" target=\"_blank\" rel=\"noopener\">provides guidance<\/a>\u00a0on the interpretation and application of the term \u2018reasonably practicable\u2019 in considering the standard of health and safety that a person conducting a business or undertaking (the duty-holder) is expected to meet under the Work Health and Safety (WHS) Act and Regulations.<\/p><p>\u2018Reasonably practicable\u2019 is used to qualify duties to ensure health and safety and certain other duties in the WHS Act and Regulation. This standard and what is required to meet it in relation to a health and safety duty are set out in section 18.<\/p><p><strong>Q.\u00a0How is \u2018reasonably practicable\u2019 defined?<\/strong><\/p><p><strong>A.<\/strong>\u00a0In this context, reasonably practicable means that which is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters including:<\/p><ol><li>the likelihood of the hazard or the risk concerned occurring<\/li><li>the degree of harm that might result from the hazard or the risk<\/li><li>what the person concerned knows, or ought reasonably to know, about the hazard or risk, and ways of eliminating or minimising the risk<\/li><li>the availability and suitability of ways to eliminate or minimise the risk, and<\/li><li>after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.<\/li><\/ol><p><strong>Q.\u00a0Do I have to identify hazards under the WHS regulations?<\/strong><\/p><p><strong>A.\u00a0<\/strong>Regulation 34 states that a duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety.<\/p><p><strong>Q.\u00a0What is the Hierarchy of Controls?<\/strong><\/p><p><strong>A.<\/strong>\u00a0Some control measures are more effective than others. Control measures can be ranked from the highest level of protection and reliability to the lowest. This ranking is known as the\u00a0<em>hierarchy of control<\/em>. The higher order controls must always be considered first.\u00a0<\/p><p><strong>Eliminating the risk<\/strong><\/p><p>This means removing the hazard or hazardous work practice from the workplace. This is the most effective control measure and must always be considered before anything else. For example, eliminate the risk of a fall from a height by doing the work at ground level.<\/p><p>If elimination of the risk is not reasonably practicable, you must consider using substitution, isolation or engineering controls, or a combination of these control measures, to minimise the risk.<\/p><p><strong><em>\u00a0<\/em><\/strong><\/p><p><strong>Minimising the risk by using one of the following control measures<\/strong><\/p><p><em><strong>Substitution<\/strong><\/em><\/p><p>Minimise the risk by substituting or replacing a hazard or hazardous work practice with a less hazardous one. For example:<\/p><ul><li>Substituting a two-part epoxy substance with a water-based acrylic waterproofing system will minimise exposure to a hazardous substance;<\/li><li>Substituting an ordinary brick-cutting saw blade with a noise-reduced saw blade will minimise exposure to hazardous noise; and<\/li><li>Using a water-based paint rather than a solvent-based paint. Minimise the risk by isolating or separating the hazard or hazardous work practice from people. For example:<\/li><\/ul><p><strong><em>Isolation<\/em><\/strong><\/p><p>Minimise the risk by isolating or separating the hazard or hazardous work practice from people. For example:<\/p><ul><li>Isolating a mobile plant work zone from workers and\/or the public with physical barriers to minimise the risk of contact occurring between a person and the mobile plant.<\/li><\/ul><p><strong><em>Engineering Controls<\/em><\/strong><\/p><p>Engineering controls are physical control measures to minimise risk. For example:<\/p><ul><li>Carrying tools from one level to another with a material hoist or craning material will minimise the risk of workers developing a musculoskeletal disorder.<\/li><li>Benching, battering or shoring the sides of the excavation will minimise the risk of a person being trapped and prevent the excavation from collapsing.<\/li><li>Enclosing an open cab excavator, for example using a falling object protective structure (FOPS) or a roll-over protective structure (ROPS), will minimise the risk of an operator being struck by a falling object or being crushed if the excavator rolls over.<\/li><li>Using safety switches or residual current devices (RCD) to minimise the risk of electric shock.<\/li><\/ul><p><strong><em>Minimising the risk using administrative controls<\/em><\/strong><\/p><p>Administrative controls should only be considered when other higher order control measures are not practicable, or to increase protection from the hazard. These are work methods or procedures designed to minimise the exposure to a hazard, such as ensuring there is no unauthorised entry of a person to a work area. For example:<\/p><ul><li>Using a \u2018keep out\u2019 sign and a person to secure an exclusion zone when dismantling scaffolding to minimise the risk of people entering the work area and being struck by a falling object.<\/li><li>Scheduling tasks so they are completed outside peak UV radiation times to reduce exposure to UV radiation.<\/li><li>Implementing a training program to show workers how to use new equipment.<\/li><li>Implementing a job rotation system.<\/li><li>Using permit systems to prevent unauthorised persons from entering a confined space.<\/li><\/ul><p><strong><em>Minimising the risk using Personal Protective Equipment (PPE)<\/em><\/strong><\/p><p>PPE is the lowest order control measure in the hierarchy of controls. PPE should also only be considered when other higher order control measures are not reasonably practicable or to increase protection from the hazard.<\/p><p>PPE relies on the proper fit and use of the PPE and does nothing to change the hazard itself. It therefore requires thorough training and effective supervision to ensure compliance and effectiveness. Examples of PPE include:<\/p><ul><li>Wide brimmed hats that shade face, head, neck and ears (where hard hats are required then it should be a hard hat brim or neck flap), sunglasses and broad spectrum SPF 30 or higher sunscreen to minimise the exposure to ultraviolet (UV) radiation.<\/li><li>High visibility reflective clothing or vests.<\/li><li>Ear plugs or ear muffs to minimise the risk of exposure to excessive noise when operating noisy machinery and power tools.<\/li><\/ul><p><strong><em>Combination of control measures<\/em><\/strong><\/p><p>In many cases a combination of control measures may be implemented to control a risk. When selecting and implementing a combination of control measures it is important to consider whether any new risks might be introduced as a result and, if so, whether the combination of the control measures should be reviewed.<\/p><p><em>Example 1<\/em><\/p><p>\u00a0To manage the risk of a fall when a worker is removing old roofing on a building under demolition, control measures may include the following:<\/p><ul><li>determine whether the roof can be demolished from the ground (elimination)<\/li><li>if this is not reasonably practicable, minimise the risk of a fall by working off scissor lifts and\/or elevating work platforms (engineering control)<\/li><li>provide training on site rules and SWMS about work at heights (administrative control).<\/li><\/ul><p><em>Example 2<\/em><\/p><p>To manage the risk of persons working in the same area from being struck by mobile plant, control measures may include:<\/p><ul><li>using traffic lights instead of a traffic controller to control traffic at road works (elimination)<\/li><li>replacing an item of mobile plant which has a restricted field of vision to one that has a clear field of vision (substitution)<\/li><li>using zero tail swing excavators rather than conventional tail swing excavators (substitution)<\/li><li>segregating the work processes through distance and time (isolation)<\/li><li>installing collision avoidance technology (in accordance with manufacturer\u2019s instructions) when the vehicle is reversing (engineering)<\/li><li>developing and implementing a traffic management plan for any traffic control being carried out (administrative)<\/li><li>requiring all workers to wear high visibility reflective clothing or vests (PPE).<\/li><\/ul><p>Under the WHS Regulations:<\/p><p><em>Regulation 36\u00a0<\/em>sets out the hierarchy of control measures which must be implemented to minimise risks to health and safety if it is not reasonably practicable for a duty holder to eliminate risks to health and safety.<\/p><p><em>Sub-regulation\u00a0<\/em>36(2) requires that a duty holder implement risk control measures in accordance with regulation 36.<\/p><p><em>Sub-regulation\u00a0<\/em>36(3) specifies that a duty holder must minimise risk, so far as is reasonably practicable by undertaking one or more of:<\/p><p>\u2022 substituting the hazard giving rise to the risk with something that gives rise to a lesser risk,<\/p><p>\u2022 isolating the hazard from any person exposed to the hazard, and<\/p><p>\u2022 implementing engineering controls.<\/p><p><em>Sub-regulation\u00a0<\/em>36(4) provides that if a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls.<\/p><p><em>Sub-regulation\u00a0<\/em>36(5) states that if a risk still remains the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.<\/p><p><em>Regulation\u00a0<\/em>36 also notes that a duty holder may use a combination of control measures to minimise a risk, so far as is reasonably practicable, if a single control measure is not sufficient for the purpose.<\/p><p><strong><a title=\"The Hierarchy of Control\" href=\"https:\/\/jseasy-safety-software.com\/au\/he-hierarchy-of-controls\/\" target=\"_blank\" rel=\"noopener\">Hierarchy of Controls<\/a><\/strong><\/p><p><strong>Q.\u00a0Do I have to have my harness and personal equipment inspected?<br \/><\/strong><\/p><p><strong>A.\u00a0\u00a0<\/strong>Yes.\u00a0<strong>In accordance with AS\/NZS 1891.1 &amp; AS\/NZS 1891.4<\/strong>\u00a0and inspection must be carried out by a competent person.<\/p><p>The following items shall be subjected to inspection by the operator of each item before and after each use to ensure that it is in a serviceable condition:<\/p><p>(a)\u00a0<em>Personal equipment<\/em>\u2014harnesses, lanyard assemblies, connectors, fall-arrest devices.<\/p><p>(b)\u00a0<em>Common use equipment<\/em>\u2014ropes, slings, fall-arrest devices, mobile attachment devices together with any other items in Item (a) above that are provided for common use.<\/p><p><strong>Inspection shall be by sight and touch.<\/strong>\u00a0It shall include the opening of any equipment where access for daily inspection is provided, to ensure that internal components are in satisfactory condition. This requirement includes the opening or removal of temporary rope or line protectors, to enable rope to be properly inspected. Operation of the locking mechanism on fall-arrest devices shall also be checked.<\/p><p>It should be impressed upon operators that their lives depend upon the continued efficiency and durability of their equipment and that a proper inspection at each time of use is their first line of defence against the hazards of faulty equipment.<\/p><p><a title=\"Anchor Strap Inspection\" href=\"https:\/\/jseasy-safety-software.com\/au\/product\/anchor-strap-inspection\/\" target=\"_blank\" rel=\"noopener\">WHS- Form 28 &#8211; Anchor Strap Inspection<\/a><\/p><p><a title=\"Harness Inspection\" href=\"https:\/\/jseasy-safety-software.com\/au\/product\/harness-inspection\/\" target=\"_blank\" rel=\"noopener\">WHS- Form 29 \u2013 Harness Inspection<\/a><\/p><p><a href=\"https:\/\/www.jseasy.com.au\/shop\/index.php\/page\/shop\/flypage\/product_id\/62\/category_id\/9c88e36786e7fad1a09da433ef3aa120\" target=\"_blank\" rel=\"noopener\">WHS- Form 30 \u2013 Adjustable Rope Line Inspection<\/a>\u00a0<\/p><p><a title=\"Shock Absorbing Lanyard Inspection\" href=\"https:\/\/jseasy-safety-software.com\/au\/product\/shock-absorbing-lanyard-inspection\/\" target=\"_blank\" rel=\"noopener\">WHS- Form 31 \u2013 Shock Absorbing Lanyard Inspection<\/a><\/p><p><a title=\"Horizontal Safety Line Inspection\" href=\"https:\/\/jseasy-safety-software.com\/au\/product\/horizontal-safety-line-inspection\/\" target=\"_blank\" rel=\"noopener\">WHS- Form 35 &#8211; Horizontal Safety Line Inspection<\/a><\/p><p><strong>Q.\u00a0How often do I have to have my harness and personal equipment inspected?<\/strong><\/p><p><strong>\u00a0<\/strong><\/p><p><strong>A.<\/strong>\u00a0\u00a0<strong>In accordance with AS\/NZS 1891.1 &amp; AS\/NZS 1891.4<\/strong>\u00a0inspections must be carried as listed in the table below:<\/p><table border=\"yes\"><tbody><tr><td width=\"308\"><p><strong>Application<\/strong><\/p><\/td><td width=\"308\"><p><strong>Activity<\/strong><\/p><\/td><\/tr><tr><td width=\"308\"><p>Personal equipment including harnesses, lanyard assemblies, connectors, fall-arrest devices including common use devices<\/p><\/td><td width=\"308\"><p>Inspection by operator before and after each use<\/p><\/td><\/tr><tr><td width=\"308\"><p>Fall-arrest devices\u2014external check only<\/p><\/td><td width=\"308\"><p>3-monthly inspection by competent person<\/p><\/td><\/tr><tr><td width=\"308\"><p>Belts, harnesses, lanyard assemblies and associated personal equipment<\/p><\/td><td width=\"308\"><p>6-monthly inspection by competent person*<\/p><\/td><\/tr><tr><td width=\"308\"><p>Permanently installed anchorages<\/p><\/td><td width=\"308\"><p>12-monthly inspection\/service by competent person*<\/p><\/td><\/tr><tr><td width=\"308\"><p>Fall-arrest devices\u2014full service including dismantling where indicated<\/p><\/td><td width=\"308\"><p>12-monthly inspection\/service by competent person*<\/p><\/td><\/tr><tr><td width=\"308\"><p>Horizontal lifelines and rails, including integral components and permanently installed mobile attachment devices<\/p><\/td><td width=\"308\"><p>12-monthly inspection\/service by competent person*<\/p><\/td><\/tr><\/tbody><\/table><p>\u00a0* Or more frequently if recommended by the manufacturer or supplier<\/p><p><strong>Q.\u00a0What is a Hazard?<\/strong><\/p><p><strong>A.<\/strong>\u00a0A Hazard is an object or situation with potential to cause injury, illness or damage. It is often useful to consider sources of energy, electrical, chemical, kinetic (movement), potential (static), and the movement of people.\u00a0<em>Standards Australia<\/em>\u00a0defines a hazard thus:<\/p><p>&#8220;HAZARD &#8211; a source or a situation with the potential for harm in terms of human injury or ill-health, damage to property, damage to the environment, or a combination of these.&#8221;<\/p><p><strong>Q.\u00a0What is the Hazard Identification and Assessment Process?<\/strong><\/p><p><strong>\u00a0<\/strong><strong>A.\u00a0<\/strong>According to the Occupational Health and Safety legislation, employers are required to assess a work site for existing and potential hazards before work begins.<\/p><p>The Hazard Identification and Assessment process will impact many other elements of the Health and Safety Management System. As a result, it is important to take the time necessary to do the job thoroughly. Hazard assessment data can also be used to develop other elements of a Health and Safety Management System, including:<\/p><p><strong>Incident Investigations<\/strong>: hazard assessment and control data can be used to help determine if a system failure was the cause of an incident<\/p><p><strong>Emergency Response<\/strong>: use hazard assessments to help pinpoint areas that will require Emergency Response Plans.<\/p><p><strong>Work Site Inspections<\/strong>: use hazard assessment data as the basis for inspection checklists.<\/p><p><strong>Training and Orientation<\/strong>: use hazard assessment data to determine what worker training needs to be done, and to build the content of employee orientations and job-specific training.<\/p><p><strong>Q.\u00a0How do I identify Hazards?<\/strong><\/p><p><strong>A.<\/strong>\u00a0Occupational hazards are divided into two categories:<\/p><p><strong>Health Hazards<\/strong>: A health hazard may produce serious and immediate (acute) health effects or cause long-term (chronic) health problems. All or part of the body may be affected. Someone with an occupational illness may not recognize the symptoms immediately. For example, noise-induced hearing loss is often not noticed until it is well advanced.<\/p><p><strong>Safety Hazards<\/strong>: A safety hazard is anything that could endanger the immediate safety of an employee, for example, a pinch point, crush, or burn hazard.<\/p><p><strong><em>Hazard Categories\u00a0<\/em><\/strong>Both health and safety hazards can be classified into the following categories:<\/p><p><em><strong>Physical hazards<\/strong><\/em>, including lifting, repetitive motions, slipping, machinery, working at heights, loud noise, extreme temperatures, etc.<\/p><p><em><strong>Chemical Hazards<\/strong><\/em>, including exposure to chemicals, dusts, fumes, mists and vapours.<\/p><p><em><strong>Biological Hazards<\/strong><\/em>, including exposure to viruses, fungi, bacteria, moulds, body fluids, and sewage.<\/p><p><em><strong>Psychological Hazards<\/strong><\/em>, including violence, stress and fatigue.<\/p><p><strong>Q.\u00a0What is the difference between Hazard and Risk?<\/strong><\/p><p><strong>A.\u00a0<\/strong>The terms \u201chazard\u201d and \u201crisk\u201d are often used interchangeably (and incorrectly). A\u00a0<em>hazard\u00a0<\/em>is a situation, condition, or behaviour that has the potential to cause an injury or loss. For example, ice on a walkway, oven mitts with burn holes, or an unlabelled bottle of liquid are hazards. In contrast,\u00a0<em>risk\u00a0<\/em>is the chance of injury, damage, or loss and is usually expressed as a probability. For example, the risk of slipping on the icy walkway is high.<\/p><p><strong>Q.\u00a0What is Imminent Danger?<\/strong><\/p><p><strong>A.\u00a0<\/strong>Some hazards are significant enough to present a situation of imminent danger. The Occupational Health and Safety Act requires that workers stop performing work if they believe that an imminent danger to their health and safety exists. Imminent danger in relation to any occupation means a danger that is not normal for that occupation, or a danger under which a person engaged in that occupation would not normally carry out the work<\/p><p><strong>Q.\u00a0What are the sources of Hazards?<\/strong><\/p><p><strong>A.\u00a0<\/strong>There are many sources of hazards in a workplace, however, the three most likely sources that should be considered are:<\/p><p><strong>Workplace Environment<\/strong>: Factors such as facility layout, ventilation and lighting, walking surfaces, temperature and other variables can all be sources of hazards.<\/p><p><strong>Equipment and Materials<\/strong>: Some equipment, tools and materials used in the job process are inherently hazardous, and others become hazardous over time due to inadequate maintenance, storage, or disposal.<\/p><p><strong>People<\/strong>: Lack of training, poor communication, rushing, fatigue, and other factors may cause at-risk behaviours.<\/p><p><strong>Q.\u00a0What is a Hazard Report Form used for?<\/strong><\/p><p><strong>A.<\/strong>\u00a0A hazard report form is used when workers have identified a potential hazard that cannot be simply and immediately fixed.<\/p><p><strong>Q.\u00a0What is Hearsay?<\/strong><\/p><p><strong>A.<\/strong>\u00a0This is information about an event that is presented by a person who did not actually witness events directly. Basically, it is a second-hand account of the facts as observed by someone else.<\/p><p><strong>Q.\u00a0What is an Incident?<\/strong><\/p><p><strong>A.<\/strong>\u00a0A term that covers situations that lead, or are likely to lead, to injury, illness or damage. This includes situations where injury illness and\/or damage have occurred, as well as near-hit events, where no injury, illness or damage occurred.<\/p><p><strong>Q.\u00a0What is an Incident investigation?<\/strong><\/p><p><strong>A.<\/strong>The investigation of all circumstances that led up to, occurred during, and resulted from, an incident.\u00a0<strong>The &#8216;Accident Investigator&#8217;s Rhyme<\/strong>&#8216; is of use here:<\/p><p>&#8220;How? And Why? And Where? And When?<\/p><p>And Who? And What? And back again\u2026&#8221;<\/p><p>Repeat the exercise three times.<\/p><p><strong>Another tool of use is the &#8216;Four P Principle&#8217;:<\/strong><\/p><p><strong>&#8220;People &#8211; Parts \u2013 Position &#8211; Power.&#8221;<\/strong><\/p><p>&#8216;People&#8217; looks at the human element of who etc. as well as their state of awareness, wellness, and so forth;<\/p><p>&#8216;Parts&#8217; considers the plant and substances;<\/p><p>\u2018Position\u2019 is the four dimensions of length, bredth, height, and time;<\/p><p>\u2018Power\u2019 includes various sources of kinetic and\/or potential energy, gas, electricity, pressure, decay, heat, cold, etc.<\/p><p>Make no mistake: if you can correctly determine the above elements, you are going to be very close to knowing what went on, and therefore take steps to achieve the aim of good health and safety practice after an incident:<\/p><p><strong><em>ENSURING IT WON&#8217;T HAPPEN AGAIN\u00a0<\/em><\/strong>!<\/p><p>Note Sherlock Holmes&#8217; creator, Sir Arthur Conan Doyle wrote:<\/p><p><strong><em>\u201cWhen we eliminate the impossible, whatever remains, however improbable, must be the truth!\u201d<\/em><\/strong><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>New Zealand WHS FAQ Q.\u00a0What is New Zealand\u2019s current Legislative Framework? A.\u00a0On Monday 4 April 2016, the new Health and\u00a0Safety at Work Act 2015 (HSWA)\u00a0came into effect. \u00a0The majority of the first phase of regulations to support HSWA have now been finalised and came into force on 4 April 2016, along with the Act.\u00a0 The [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-172","page","type-page","status-publish","hentry"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/jseasy-safety-software.com\/nz\/wp-json\/wp\/v2\/pages\/172","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jseasy-safety-software.com\/nz\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/jseasy-safety-software.com\/nz\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/jseasy-safety-software.com\/nz\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jseasy-safety-software.com\/nz\/wp-json\/wp\/v2\/comments?post=172"}],"version-history":[{"count":0,"href":"https:\/\/jseasy-safety-software.com\/nz\/wp-json\/wp\/v2\/pages\/172\/revisions"}],"wp:attachment":[{"href":"https:\/\/jseasy-safety-software.com\/nz\/wp-json\/wp\/v2\/media?parent=172"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}