Ace Payroll: Health and Safety in Employment Amendment Bill




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Health and Safety in Employment Amendment Bill

ACT Party

Richard Prebble's Letter from Wellington

Half-Million Dollar Fine for Stress

The government has introduced the Health and Safety in Employment Amendment Bill which imposes harsh penalties on employers. This bill, put up by Labour Minister Margaret Wilson

makes stress an occupational hazard
increases penalties on employers five-fold to a maximum of $500,000 or two years jail
bans companies from insuring against OSH fines
allows unions to bring prosecutions against employers
empowers 'workplace safety representatives' to issue legally-binding hazard notices - they'll effectively become industrial vigilantes.

The ACT Party believes this bill is another example of the anti-business attitude of the Labour/Alliance coalition government.

The Bill is Draconian

We all want safe workplaces but this bill is far too draconian. It will

enable unions to blackmail employers by threatening to prosecute them
encourage false claims, as courts will be able to award fines to injured workers as compensation
enable injured workers to double-dip - first from ACC and then from the proceeds of fines.
A $500,000 fine would wipe out most New Zealand employers. A sentence of two years jail equates being a boss with being a criminal. This new law will do nothing for safety or to encourage full employment.

Major Re-think of the Legislation

We need your help to fight the bill. ACT achieved significant amendments to the Employment Relations Act and ACC legislation by encouraging hundreds of submissions to the select committee.

ACT is running a campaign against this latest bill and will use its network of small business to generate hundreds of submissions, to force a major rethink of the legislation.

Make a Submission

You can make a submission on the Health and Safety in Employment Amendment Bill by writing to:

Clerk of the Committee
Transport and Industrial Relations Committee
Select Committee Office
Parliament Buildings
WELLINGTON.

To learn more about the bill, you can log on to the ACT website . The site includes:

a copy of the bill
a copy of the summary by the Parliamentary Library
guidelines on how to make a submission (including a model submission).

National Party Viewpoint

Written by Annabel Young MP, National Party Revenue Spokesperson.

Things that you need to know about Margaret Wilson's Health and Safety in Employment Amendment Bill that is currently in front of Parliament

Definition of 'harm' and 'hazard' are extended to cover physical injury, mental stress and fatigue
The fines for injury to workers (including the above) have increased five fold to a maximum of $500,000
Employers will be prevented from taking out insurance cover against increased fines for injury
Unions will have the ability to bring prosecutions against employers where OSH chooses not too. At the moment only OSH is able to take legal action
Compulsion for employers of 30 or more staff, whether a single site or not, to co-operate with employees and the unions on the ongoing improvement of safety in the workplace
The same applies to employers of less then 30 staff if just one staff member requires it
If the system required by workers includes a safety committee, then employees on that committee must out number employer representatives
Elected health and safety representatives from the employer’s workforce, will be required in any sized business
The health and safety representatives will receive two paid leave days per year to attend health and safety training
Health and safety representatives will be authorised to issue hazard notices to employees
Increased powers for OSH inspectors

To get more details, have a look at the National Party website on the workplace relations page

Call Toll Free
0800 223 729

Updated: 2nd April 2006
Published: 16th December 2001

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