No. 155 - Occupational Safety and Health, 1981

Provisions

• Each Member shall, in the light of national conditions and practice, and in consultation with the most representative organisations of employers and workers, formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment.
• The aim of the policy shall be to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment.
• Employers shall be required to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk to health. Employers are also required to ensure that chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken.
• Employers shall be required to provide, where necessary, adequate protective clothing and protective equipment to prevent, so far is reasonably practicable, risk of accidents or of adverse effects on health. Furthermore, employers shall be required to provide, where necessary, measures to deal with emergencies and accidents, including adequate first-aid arrangements.
• Occupational safety and health measures shall not involve any expenditure for the workers.

Administered by

Accident Compensation Corporation

• Injury Prevention, Rehabilitation, and Compensation Act 2001

Department of Labour

• Health and Safety in Employment Act 1992

Workplace Health and Safety Council

How New Zealand implements it

• The Health and Safety in Employment Act deals with all health and safety issues in all workplaces and during all work activity. The Act:
  • defines a place of work as any place where any person is to work, is working for the time being, or customarily works for gain or reward; and
  • sets duties on different parties in places of work, including employers, employees, persons in control of a place of work, the self-employed, people who sell or supply plant and principals to a contract of service.
• However, there are limitations to the extent of coverage of the Health and Safety in Employment Act. These are the New Zealand Defence Forces, and work performed for the owner in a private home. The New Zealand Defence Forces are excluded from the Act's provisions relating to accident investigation provisions and inspection of high security defence areas. This provision is intended to ensure that high security areas are protected. Whereas, occupiers of a home do not have duties to people who perform residential work.
• Primary responsibility for health and safety within the workplace rests with the employer. The employer has duties in relation to the identification and management of hazards, information, and training and supervision. Employees in turn have to ensure their own safety while at work. Employees, their representatives, and employers have a responsibility to cooperate in good faith to establish and maintain employee participation systems.
• The Health and Safety in Employment Act requires employers, self-employed, and principals to maintain a register of accidents and serious harm. Accidents are defined in the Health and Safety in Employment Act as an event that cause any person to be harmed, or might have caused harm in different circumstances.
• The Health and Safety in Employment Act also requires employers, self-employed and principals to notify the Department of Labour in the occurrence of serious harm as soon as possible after the occurrence. The definition of serious harm is currently under review. This process has involved extensive public consultation and consultation with the social partners.
• In 2003, the New Zealand Government developed the New Zealand Injury Prevention Strategy. The Strategy provides a coordinated approach and a framework for injury prevention. Stakeholders involved in achieving the aims of the Strategy include regional, local, non-government organisation, and businesses and community groups within the wider community.
• The Workplace Health and Safety Council was established by Cabinet decision, and first met in May 2007. The Council's purpose is to provide leadership, coordination, and advice on relevant legislation, standards and policies. In particular, it will build consensus and provide advice to Ministers on workplace health and safety matters.
• Additionally, specific codes of practice have been developed to address the prevention of major industrial accidents.
• Health and safety services are freely provided by the Department of Labour and the Accident Compensation Corporation through the provision of technical information and guidance through their websites and call centres. Furthermore, health and safety inspectors have a duty to help employers, employees and others to improve workplace safety through information and education.

This Convention is not applicable to Tokelau

Ratified - 12 June 2007

Total ratifications - 50

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