Health and Safety Reforms Webinar | 29 April 2025

Written by The Business Canterbury Team | Apr 29, 2025 5:33:45 AM

Navigating New Zealand’s upcoming Health and Safety Reforms: Key Insights from the webinar

The 2025 H&S Reforms Webinar brought together key voices from Business New Zealand, MBIE, and industry leaders to discuss major changes to New Zealand’s health and safety framework. The proposed reforms aim to ease compliance for small businesses, clarify governance and management duties, address regulatory overlap, and refocus efforts on managing critical risks rather than minor hazards. With legislative changes on the horizon, the session highlighted a clear commitment to practical, proportionate safety measures and stronger industry-driven guidance.

Presenters

Paul Mackay, Business New Zealand
Hayden Fenwick, Ministry of Business, Innovation and Employment - Health and Safety Policy Manager
Conor Whitten, Business Central

Key Points from the session

Overview of proposed health and safety reforms
Focus on reducing administrative burden for small businesses
Clarification of governance versus management responsibilities
Addressing over-compliance and risk aversion in the system
Promotion of industry-developed codes of practice
Timeline for upcoming legislative changes

Discussion Areas

1. Background and Context of Reforms

Paul Mackay explains that the Pike River disaster catalysed major health and safety reforms, shifting focus from harm prevention to risk management. Despite these changes, workplace deaths and serious harm haven't decreased by the targeted 25% year-on-year, prompting calls for reform. A joint review by Business New Zealand, the Institute of Safety Management, the Business Leaders Health and Safety Forum, and the Council of Trade Unions identified several issues:
• Outdated regulations that haven't been updated to align with current principles
• Concerns about WorkSafe's guidance, capacity, and capability
• Recognition that the Act's principles weren't necessarily the problem
 

2. Key Proposed Changes

The discussion outlines several significant reforms being proposed -

A. Small Business Carve-Out

The reforms recognise that small to medium businesses face different practical realities than larger organisations. The proposal aims to reduce administrative burden while maintaining safety responsibilities:
• Focus on critical risks rather than all potential hazards
• Proportionate approach to compliance based on business size and risk profile
• Reduction in paperwork requirements to allow focus on practical safety measures
Hayden notes that definitions of "small business" and "critical risk" are still being developed and will likely be announced in June or July.

B. Overlapping Duties and Regulatory Systems

The reforms address confusion caused by overlapping regulatory systems:
• Clarification that compliance with one safety system (e.g., building code) satisfies health and safety requirements
• Removal of duplicative requirements between different regulatory bodies
• Recognition that some sectors (aviation, maritime) have their own health and safety frameworks

C. Road Cone Proliferation

The reforms aim to address excessive traffic management measures:
• Recognition that road cone proliferation is symptomatic of risk aversion
• Collaboration between transport and workplace safety ministers
• Creation of a "road cone hotline" to report excessive traffic management
• Encouraging WorkSafe to advise when safety measures are unnecessary or ineffective

D. Landowner Responsibilities

Clarification of landowner responsibilities when others use their land:

• Shifting responsibility to those conducting activities rather than landowners
• Recognition that landowners aren't always best placed to manage risks
• Clearer delineation of who is responsible for managing specific risks

E. Governance versus Management Responsibilities

The reforms aim to clarify the distinction between governance and management duties:
• Directors responsible for strategic direction and oversight
• Management responsible for implementation and operations
• Recognition that directors shouldn't second-guess operational decisions
• Drawing on Australian case law that makes this distinction clearer

 F. Focus on Critical Risks

A key change is prioritising critical risks over minor hazards:
• Small, low-risk PCBUs will only need to focus on critical risks
• Moving away from trivial hazards like "hold the handrail" signs
• Encouraging proportionate and practical risk management

3. Process and Timeline

Hayden Fenwick outlines the process for implementing these changes:
• First Cabinet paper on system-wide changes already approved
• Second paper on WorkSafe's role and performance to be announced soon
• Third paper mid-year to flesh out details on small PCBU duties, critical risks, and governance/management split
• Fourth paper on specific regulatory reforms
• Bill to be introduced late 2025 with normal select committee consultation
• Targeted stakeholder engagement throughout the process
 

Next Steps:

• More details about the Cabinet decisions to be released in early May
• Announcement about WorkSafe's role expected in the next few weeks
• Mid-year Cabinet paper to define small businesses, critical risks, and duty limitations
• Targeted consultation with representative groups ongoing
• Bill to be introduced late 2023

Additional Notes:

• The reforms aim to make WorkSafe more helpful in providing guidance rather than just enforcement
• Support for SMEs regarding the changes will include clear materials from MBIE, guidance from WorkSafe, and work with sector bodies
• Business organisations (Business Central, Business Canterbury, Business South) will provide resources and expert support to their members
• The Government intends to have the bill passed by the end of the current term

 A range of Health and Safety Reforms FAQ were also covered for attendees.

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A big thanks to our presenters and attendees.

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