Regulations – Worker engagement, participation and representation

from Ministry of Business, Innovation & Employment (MBIE)

Good afternoon,
I am very pleased to let you know that the exposure draft of the Worker Engagement, Participation and Representation regulations has now been released for consultation.
Read more information on worker engagement and participation requirements here.

The draft regulations outline the procedural requirements that apply when workplaces have health and safety representatives or committees. They also specify the high risk sectors which will be subject to the small business requirement to have a health and safety representative if a worker asks for one – under the new health and safety law. The draft regulations identify high risk sectors at level 2 of the ANZSIC system. Exemptions for some types of work are also proposed in schedule 3 of the draft regulations.
Small businesses (fewer than 20 workers) in all other industries will be exempt from the requirement to have a health and safety representative if a worker asks for one.

All large businesses (regardless of risk) will have to have a health and safety representative –if a worker asks for one. They also have to consider establishing a health and safety committee – if requested by five or more workers or by a health and safety representative.

If a business (regardless of size) does not have a health and safety representative or committee, they will still have to have some other form of worker participation and engagement process under the new law.
Consultation on these draft regulations close on 30 October 2015. Feedback on these draft regulations during the consultation process will be used to inform the Government’s final decisions.

Kelly Hanson-White
PRINCIPAL POLICY ADVISOR
Health & Safety Policy Team | Labour and Immigration Policy Group
Ministry of Business, Innovation & Employment (MBIE)

Typical Questions and answers are attached.

The IOQNZ recommends that you send all feedback to Gordon Laing usinf the Feedback form by 28 October, so we can send in a combined response.