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DEFINING SERIOUS HARM

Contents

  1. Summary
    • Method of consultation
    • Method of analysis
    • Broad themes emerging from consultation
    • Recommended changes to the draft
    • Recommended changes to the draft definition after consultation
  2. Basis for consultation
    • Draft definition for consultation
    • Questions for consultation
  3. Overview of submitters
    • Who submitted
    • Support for the review
    • Support for the draft definition
    • Support by type of submitter
  4. Analysis of responses to individual questions
    • Q1.    Should the review focus primarily on the use of the definition to describe notification requirements?
    • Q2.    Is the avoidance of lists in the definition appropriate and effective?
    • Q3.    Is there sufficient inclusion of gradual process injuries?
      Q4.     Should clause 1 be limited to “bodily function”?
    • Q5.    Should the phrase “temporary severe loss” be retained, while supplemented with a time-activated definition?
    • Q6.    Will there be sufficient inclusion of “temporary severe loss of bodily function” for non-employees?
    • Q7.   Should the definition of “temporary severe loss” be based on absence from the workplace or, alternatively, being unable to carry out normal duties?.
    • Q8.    Is seven days an appropriate period of incapacity, and if not, what is, and why?
    • Q9.    Has “mental harm” been adequately caught by the draft definition?
    • Q10.  Should all cases of amputation or surgical removal of body part be included in the definition?
    • Q11.  Is there sufficient coverage of dangerous incidents or events to highlight “significant hazards” in workplaces?
    • Q12.  In clause 4, is there a need to include a time limit between the occurrence of the injury itself and the treatment provided?
    • Q13.  What explanatory material should be made available for employers and others?
    • Q14.  What information should be included in the prescribed manner of written notice for occurrences of serious harm?
    • Q15.  What information should be included in the prescribed form of accident register, and should it contain the same information as the manner of written notice?
    • Q16.  What are the resource and compliance implications of the new definition, and are these reasonable for your business or organisation?
    • Q17.  Will the revised definition help employees to exercise the right to refuse work likely to cause serious harm?
  5. Recommended revised draft definition for Cabinet approval
  6. Appendix: Submissions received