The following post was originally written as a newsletter article for ETNZ.
Last month I covered the different roles under the Health and Safety at Work Act (due to come into effect 4 April 2015) giving entertainment industry examples.
This month I’ll explain some of the duties under the new Act, specifically the “primary duty of care” of PCBUs and “due diligence” of officers of a PCBU.
Once again most of this is paraphrased from the very good information found on the WorkSafe NZ website http://www.business.govt.nz/worksafe/about/reform
(Reminder #1 – A PCBU is a “person conducting a business or undertaking”. In the entertainment world examples of a PCBU would be a business, a company, a venue, a co-op group, a self-employed person technician etc.).
- Primary duty of care
First and foremost, under the Health and Safety at Work Act all PCBUs have a primary duty of care. This is pretty simple but also very broad. Taken directly from the WorkSafe NZ website:
“The primary duty of care requires all PCBUs to ensure, so far as is reasonably practicable:
- the health and safety of its workers or those workers who are influenced or directed by the PCBU (for example its workers and contractors);
- that the health and safety of other people is not put at risk from work carried out as part of the conduct of the business or undertaking (for example its visitors and customers).
(Reminder #2 – “Reasonably practicable” was covered in the October 2015 ETNZ newsletter)
Simply put, a PCBU needs to make sure no harm comes to anyone as a result of what they do. And more specifically that no harm comes to anyone as a result of:
- the work environment;
- the things within the workplace (plant, machinery, structures, chemicals, materials etc);
- how work is performed;
- the training and experience of the workers;
- long term exposure to anything that can cause illness or injury over time.
Note, a PCBU may also have specific duties under the new act if they
- manage or control a workplace,
- manage fixtures, fittings or plant at a workplace
- design, manufacture, import or supply structures, plant or substances
- install, construct or commission plant or structures
Due to the proximity of Christmas these specific duties will need to be covered in a future newsletter.
- Due diligence
Officers of a PCBU have a duty to exercise due diligence to ensure a PCBU is meeting its duties.
(Reminder #3 – an officer of a PCBU is the person or people who make decisions that have a significant influence on the PCBU’s management. In the entertainment world examples of an officer of a PCBU would be company directors; a general manager; a business owner; a self-employed person; a theatre committee)
Again from the WorkSafe NZ website…
Due diligence means that officers must make sure they perform certain functions to ensure the PCBU complies with its duties. These include taking reasonable steps to:
- know about work health and safety matters and keep up-to-date;
- gain an understanding of the operations of the organisation and the hazards and risks generally associated with those operations;
- ensure the PCBU has appropriate resources and processes to eliminate or minimise those risks;
- ensure the PCBU has appropriate processes for receiving information about incidents, hazards and risks, and for responding to that information;
- ensure there are processes for complying with any duty, and that these are implemented verify that these resources and processes are in place and being used.
The due diligence of officers ensures that the PCBU are equipped to deliver on their health and safety duties.
Example #1 – Davo’s Lumos get a gig
Back to last month’s example of “Davo’s Lumos”, a lighting supply and hire company. They have a contract with XYZ District Council to installing lighting and a PA in a park for a festival, and to run power for the whole site. They have sub-contracted Soundz Amazballs Audio to install the PA. Working nearby Truss ‘r Us are installing a staging structure and Inn-tents are installing marquees. The park is open to the public during set up and overnight. So, as far as is reasonably practicable Davo’s Lumos have a duty to ensure the safety of:
- Their own workers.
- The Soundz Amazballs workers who are contractually under the direction of Davo’s Lumos.
- The Truss ‘r Us and Inn-tents workers who are influenced by what Davo’s Lumos is doing on site.
They also have to ensure that, so far as is reasonably practicable, the health and safety of other people is not put at risk from work carried out. This may include:
- Visitors to the worksite.
- Members of the public in the park or near-by.
- Neighbours to the park.
- Festival workers and attendees.
Back in the office, Dave (the owner of Davo’s Lumos) exercises his due diligence responsibilities. Despite not having been active on a job for three years, he has an awareness of the risks involved, having had regular meetings with his staff and setting up risk assessment systems that he monitors. He has ensured that the team are adequate equipped with the right access equipment for the job and that they have wet weather gear, hi-viz vests and work boots. He has also ensured that there are systems in place to regularly check the safety of all the equipment going out on the job. He receives information from the team on the job regarding health and safety briefings and any incidents that occur.
Ok, that’s it from me for 2015. Wish you and all your people a safe holiday season.
Cathy Knowsley – HiViz Event Management www.hivizevents.co.nz (and ETNZ committee member)
