5. Recommended revised draft definition for Cabinet approval

The following revised definition incorporates the changes recommended in response to submissions on particular questions.

We recommend further consultation with the delivery arm of the department and related agencies before it is forwarded to the Parliamentary Counsel Office for drafting, in conjunction with amendments to the Health and Safety in Employment (Prescribed Matters) and forwarding to Cabinet for approval.

Serious harm, for the purposes of the Health and Safety in Employment Act 1992 means death, or:

1. Trauma injury

   Physical incapacity caused by an accident or event and leading to:

   1. permanent loss of bodily function (including from any amputation of body part); or
   2. a person being unable to perform their normal duties for a period of 7 or more calendar days.
2. Acute illness or injury

   Acute illness requiring treatment by a medical practitioner, or any loss of consciousness, caused by:

   1. lack of oxygen; or
   2. absorption, inhalation, or ingestion of any hazardous substance; or
   3. contact with any electrical, combustible, or mechanical energy source; or
   4. a fall from one height to another.
3. Chronic or serious occupational illness or injury

   Physical or mental harm:

   1. resulting in hospital admission for more than 24 hours; or
   2. requiring in-patient surgery; or
   3. diagnosed and confirmed as caused by exposure to a workplace hazard by a medical practitioner who is a registered specialist operating within the appropriate scope of practice.