• Steve H
    308
    While it's early days yet, and all the parties charged by Worksafe aren't out in the public domain, do you see the breadth of PCBUs charged changing how you, or your company does business?
  • Mike Saunders
    3
    I think WorkSafe are now using the breadth of charges as the new regulations intended them to be used, which in turn will make business work as intended
  • Chris Hyndman
    71
    Although the number of parties involved is a surprise, I'm not sure the charges are so far out of kilter that they warrant a review prior to any decisions being made by the courts.

    My own opinion is that WorkSafe will learn as much from the courts interpretation of the HSAWA as PCBUs will. The precedence's that will be set should make things a whole lot clearer, especially when looking at our areas of influence.
  • Jim at SAMs
    4
    Well put Chris and I fully agree with your comments. WorkSafe and our PCBUs will learn plenty from the outcomes of the court cases. I just hope it doesn't drag on for months or years. We need clarity going forward. Good opportunity for Jacinda and her lot to display transparency.
  • Steve Setterfield
    14
    I suspect that the outcome from these charges will be as clear as mud, and we won't learn as much as some might think. For instance charging GeoNet. They are an advisory service, they can't stop visitors so where is the justification? And if the charges are valid then where are the charges for the island owner for not preventing access when the volcano was at a higher alert level? My feeling is that at the end of the process's we should have a clearer idea of what needs adjusting to make the HSAWA practical for such complex tragedies.
  • Tim Beach
    8
    I do agree that WorkSafe have applied the Act to the full extent as it was intended. This will be the first real test of the act for all parties concerned. For us sitting on the side lines we will be all watching with interest and potential learnings - might need to use the sieve to find the gems.
    We do need to keep in mind that this was a tragedy with too many lives lost, so our thoughts should be with the victims, their loved ones and associated parties.
  • Don Ramsay
    147
    Why are they laying charges against GNS as they are an advisor service and cannot ban people from any activity?? They had raised the alert level and advised the affected parties who then made decisions based on that information.
  • Steve H
    308
    Why are they laying charges against GNS as they are an advisor service and cannot ban people from any activity?? They had raised the alert level and advised the affected parties who then made decisions based on that information.Don Ramsay

    That's certainly one aspect that has me perplexed Don, just ticked a bucket list thing and did an overnight cruise on Milford Sound (highly recommended BTW). Overnight, weather brewed up a bit and I wondered, if as a consequence of the weather, would Worksafe charge the service providing the weather report to the tour boat operator, if the boat founded.

    I think WorkSafe are now using the breadth of charges as the new regulations intended them to be used, which in turn will make business work as intendedMike Saunders

    I agree Mike, it will be interesting to see if they take on board the need to up their game in getting the regulations and codes of practice that they are responsible for, either updated or in place.
  • Steve H
    308
    The eruption on Whakaari / White Island,has prompted a review of the adventure activity regulations and Workplace Relations and Safety Minister Michael Wood last month unveiled a set of proposals to tighten them up.

    At the moment, the regulatory regime does not explicitly address the risks that come from natural hazards like rockfalls, water surges, flooding, eruptions and avalanches.

    That means there is not enough assurance that all operators are managing these risks well, the Ministry of Business, Innovation and Employment (MBIE) proposal document states.
    Sarah Robson - RNZ

    If your business involves adventure tourism, you probably already know that you only have until the 5th of November to comment on the proposed changes.https://www.mbie.govt.nz/have-your-say/adventure-activities/

    If your hobbies/recreation include accessing the great outdoors to hunt, fish, ski, 4X4, climb and kayak on private land, you should look closely at how these proposals might impact a landowners view on the desirability of permitting these activites.
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