New legislation introduces clear definition of 'critical risk' at work
The bill introducing major reforms to New Zealand's health and safety system has passed its final reading, a development welcomed by employers across the country.
The Health and Safety at Work Amendment Bill introduces a stronger focus on critical risks, defining them as hazards that can result in death, serious injury, or illness among the workforce.
It also strengthens the Approved Codes of Practice (ACOP), clarifying that businesses following an ACOP's processes for managing risks can be confident that they are meeting their health and safety obligations.
It also outlines clearer duties for directors, reduces duplication with other regulatory systems, clarifies responsibilities for recreational activities on land, and introduces clearer requirements for reporting serious incidents.
"These changes make it clear that the focus should be on preventing serious harm in the workplace," said Workplace Relations and Safety Minister Brooke van Velden.
"This will better protect workers and support a continued reduction in serious workplace injuries and fatalities. At the same time, it frees up businesses to put more of their resources and efforts towards the things that improve their organisation and contribute to economic growth and quality of life for Kiwis, rather than towards compliance for the sake of compliance."
The bill will take effect in April 2027, with the government saying guidance will be released over the coming months.
'Confusing' health and safety system
Van Velden said the changes were introduced after hearing from businesses that the current health and safety system was "confusing and difficult to comply with."
"Rather than making workers safer, it has distracted from the risks that really matter and increased regulatory burden," the minister added.
BusinessNZ, in a statement, also said this was the consistent message from businesses nationwide.
"Small businesses support good health and safety. They want to keep their people safe. What they have struggled with is a system that has become unnecessarily complex and difficult to apply in low-risk workplaces," said BusinessNZ chief executive Katherine Rich.
The changes introduced in the government's amendments will help create a clearer and more practical system, according to the chief executive.
"When the rules are clearer and easier to understand, businesses are more likely to engage with them. Good health and safety is about understanding real risks, not ticking boxes," she added.
"The best health and safety system is one that businesses understand, workers trust, and that keeps people safe every day."
