Changes to ‘serious harm’ definition

3/11/08

Labour Minister Trevor Mallard announced on 23 October that the government is changing the definition of 'serious harm' under the Health and Safety in Employment Act 1992.  The new definition aims to make the law clearer, so it will be easier for employers to understand their obligations to report worker injuries to the Department of Labour, Civil Aviation Authority or Maritime New Zealand (for the relevant sectors).  The proposed new definition will replace the current list of conditions and circumstances with a simpler three-stage test.  'Serious harm' will comprise three main categories of harm:

• trauma injury:  physical harm arising from a single accident or event and defined by the degree of physical incapacity
• acute illness or injury caused by exposure to certain workplace hazards, and requiring medical treatment
• chronic or serious occupational illness or injury: physical or mental harm requiring hospital admission, in-patient surgery, or able to be confirmed by a specialist medical diagnosis.