I can’t ever imagine being a WorksafeNZ Inspector, it’s a thankless task especially when it comes to the pre-emptive ‘compliance’ side of things. Most business owners have no idea what to do when an inspector turns up and issues some form of enforcement notice (improvement, prohibition or infringement notice), even though it is spelt out under the Enforcement – Regulatory function Policy 2017 and the Enforcement Decision-making Model (EDM). This blog is dedicated to making everyone’s life easier by explaining what the three key enforcement notices are and how they can affect your operation.
When will an inspector visit my worksite?
Inspectors will visit your work site when:
- There has been a complaint or notifiable incident (you generally know they are coming)
- When they are completing a workplace assessment (no notice required)
How do these “Notices” affect my business?
- Ethically: they demonstrate that you haven’t got it right and you are placing people at risk.
- Financially: If you don’t sort it out you can risk paying a fine of $50k as an individual and $250k for a company.
- Business Brand: When filling out Preferred Supplier / Approved Contractor applications you must disclose the “Notice”. It may mean you lose a contract.
Types of ‘Notices’
There is a range of enforcement tools available to an Inspector. The three most common notices given out are:
- Improvement Notice…. “Yeah, Not good!”
An improvement notice requires a person to ‘improve’ because there is some sort of non-compliance under the Health and Safety at Work Act or associated regulations. This is used when there is no immediate risk to health and safety on site.
The improvement notice will detail:
1. What part of the Act or Regulations you are ‘contravening’
2. Suggestions on how you can improve the situation or links to information for you to review
3. A timeframe is to remedy the issue.
The notice must be displayed at the worksite (much like Food Safety Notice) and if you don’t make the improvement it may become an Infringement Notice and incur a fine.
- Prohibition Notice… “Sort your sh*t out. Now!”
This is issued when there is an “extreme or substantial risk” to the health and safety of people on site. Basically, it’s tools down and don’t do anything until you have fixed the problem.
If you manage to get the problem sorted before the inspector leaves site, you may get a ‘Sustained Compliance Letter’. This records that the PCBU has fixed an issue and it will be referred to if you revert back to ‘non-compliant’ behaviour.
- Infringement Notice… “No excuses. #EpicFail”
An infringement notice is a bit like a speeding ticket. Your non-compliance is so obvious and serious that the Inspector has no option but to give you a fine.
You can choose to have your case heard in the District Court instead of paying the fine directly; however, this is normally ill-advised and expensive.
What sort of Issues do notices deal with?
Here are just a few examples of why you might get a notice issued, please note this list is by no means exhaustive it’s just some of the more common reasons:
- Noise – There is an identified hazard and no environmental monitoring, health monitoring or control measures
- Dust and airborne contaminates – no extraction or dampening processes, lack of PPE/RPE, lack of environmental and health monitoring
- Hazardous Substances – Lack of signage, incorrect storage, lack of Safety Data Sheets, lack of training, lack of emergency response
- Cranes – Issues around plant operator competency, exceeding plant capacity, lack of operator protection, lack of documentation, lack of warning devices, no dogman when required
- Excavations – No barricades or signage, unaware of overhead or underground services, no worker protection or shoring up of trenches that are more than 1.5 m deep, lack of safe access or egress
- Asbestos – No testing completed, PPE/Respiratory Protective Equipment, training, signage, or incorrect handling and disposal
- Machines/ Tools – Lack of guards, E Stops or interlocks; or lack of maintenance or worker training
- Scaffolding: Not fit for purpose (either working load or weather conditions), no scaff tag, no toe boards, higher than 5m and not notified, no bracing, inadequate footings, scaffolding tampered with.
- Traffic Management – Lack of signage, one-way system, turning circles, proximity of people and plant, floor markings, competency of operators, no pre-operation checks on forklifts, no preventative maintenance, no carbon monoxide alarms.
How do I deal with an Inspector?
Inspectors are human and questioning their parentage or level of intelligence will never help the situation. Here are some things that that will help you and your team.
- Always ask for their business card and give them yours.
- Take them to sign in and be inducted to site (the number of times people forget to do this makes me cringe).
- Explain that health and safety is important to you and you are always looking for ways that your team can be even better.
- Introduce the inspector by name to your workers and explain why they are there. Then tell them your worker’s name. Being open and courteous makes you look like you have nothing to hide.
- At the end of the meeting thank them for their time and clarify exactly what the next steps are.
You’ve got an Infringement Notice: What to do if you don’t like what’s happening?
United Nations negotiators are taught to never engage in a discussion if their heart rate is over 80 beats per minute, as they are likely to inflame the situation and make it worse.
Sometimes inspectors do make mistakes and you may find yourself getting wound up while they are on your site. If you are unhappy with an inspector’s processes or actions wait until they have left site, and then advise your in-house HSE professional or seek external advice before reacting.
You can contact Worksafe and seek a review of the situation; however, much like fighting an infringement notice, you need to make sure that you have your facts straight.
If you have any questions about how to deal with a Worksafe improvement, prohibition or infringement notice call me on 0272 007 680 or email sarah@employmenow.co.nz.