Never Mind...

For those with a similar question (or just for interests sake) go to:
The Privacy Act 2020, Part 3, Principles 10 and 11
https://www.legislation.govt.nz/act/public/2020/0031/latest/LMS23376.html

My, non-legal, understanding is that if there is a conflict between the privacy act and HSWA, then HSWA would generally win out, but you would have to make a clear demonstration of the risk reduction being achieved by the information gathered (which would be the 'lawful purpose' referenced in your link. I would expect that to be extremely difficult except in unusual high-risk individual cases. I don't believe simple involvement in an incident would come remotely close to meeting any reasonable threshold.

My, non-legal, understanding is that if there is a conflict between the privacy act and HSWA, then HSWA would generally win out, — Craig Marriott

My view from the same stand point, you would need to be convinced that the party requiring the personal information would be taking suitable steps to safe guard it (in compliance with the new version of the privacy act quoted above)

Thanks guys - along the same lines; how do we feel about clients insisting we give them our training matrices and/or list of worker competencies (with worker names attached)?

Gut says no - for the same reasons as above... but just checking.

And if we say 'no' what could we give as a compromise/sweetener?

I would see this as a tick box exercise from clients seeking assurance that training matrices, competencies, drug test results etc are being done.

Therefore I would give them access to confirm for themselves that it is being done, without allowing them to take copies, photos or any other record of the individuals information. Why would anyone want to waste their time taking copies of information they are likely to do nothing with?

Or Alternately assign all staff a number and hand the info over without any staff names or identifying data.

They're wanting the lists as a part of every HSMP and SSSP we do... so I'm liking the number idea!
:)

Competency records are a bit different - it is very justifiable to say I need proof that your electrician is qualified before I let them fix my system

https://www.privacy.org.nz/tools/online-privacy-training-free/
There are some easy to follow training sessions on this website that help to explain the legislation.
We had all our Line Managers complete the basic awareness course.

Thanks Craig and understood in the context given, but the client representative is asking for these lists weeks and sometimes months before the job even starts. I can understand them needing evidence of competency within the organisation but feel that having the individual names is irrelevant.

That's why I quite like the number idea - the client rep can see we have competent people without actually being able to see the details of the individuals.

I have to admit, like most industries, ours is huge, but one where competency is gold and turnover can be ridiculously high. Many of our client reps are also dealing with our competitors so a part of me also doesn't particularly trust where details of that list will end up once it leaves our control. #cynical :)

Of course the individual names become relevant once the job has started and we are allocating resourcing to specific tasks, which is why we have a full copy of the register on site.

Competency records are a bit different - it is very justifiable to say I need proof that your electrician is qualified before I let them fix my system — Craig Marriott

Supplying proof of Qualification/Current Practicing License in the case of electrical workers is a legal requirement, and we are all listed on a publicly searchable database (same for Plumber/Gas Fitter/Drain Layers) so probably not the best example

Hi Rachael

You are right to be cautious to hand over this level of personal detail. Unless it fits within privacy principle 11 (which allows you to share the information with another business if you believe that is directly related to the purposes that you collected the information) or you have the consent from your workers, you could be breaching the Privacy Act by sharing this information. Your best bet is to get consent from your workers first.

You could let clients know that there are privacy issues with providing this information but you are happy to give information necessary to show workers are properly qualified/trained etc.

Gina

I only provide details when a job is starting and only to the site that requires the information, Our workers also carry the green book with quals inside and that tends to get us through. At the initial stages, I only provide that we hold the quals required for the job I even withhold names for D&A tests and just provide a declaration of the tests being done. I am not hiding anything just only providing the information required only to the parties that need it and not all an sundry

I only provide details when a job is starting and only to the site that requires the information, Our workers also carry the green book with quals inside and that tends to get us through. At the initial stages, I only provide that we hold the quals required for the job I even withhold names for D&A tests and just provide a declaration of the tests being done. I am not hiding anything just only providing the information required only to the parties that need it and not all an sundry — Don Ramsay

Why can't you quote for some of the jobs I'm ever involved in - too many safety plans which just dump out all training records for the whole company, and then when you question why XYZ isn't trained or it has expired the usual answer is "oh they don't work for us anymore" or "they're not on your job"!!!!

I have found that there are some clauses that allow a bit of movement and I also give my contact details if they want to discuss. I assisted with a large quote the other day and the H&S only had a 10% weighting of the overall assessment of our quote, so I take they only got basic information.

I do however keep a summary and update it each week with all the LTI/MTI and Worksafe information, just broad-brush information no real detail. And I have found that this covers most of the questions.

I actively avoid sending detailed information as I do believe that they do not read it they just see that it is there and move on to the next part of the quote.