In response to an absence of a sense of humor and censorship there will be no more posts from me on the Frivoulous Friday thread. — Andrew
All the relevant PCBU's should be ensuring the notification is lodged (whether by them or another PCBU), e.g. by obtaining a copy. — Tania Curtin
[6] Pegasus appeals only in relation to the order to pay reparation to Mr [...]. It does so on the basis that he is not a victim as defined by the HSWA and is therefore ineligible for reparation. — [2019] NZHC 2257
ut morally the PCBU should also provide as much support as possible to the employee during their rehabilitation, although these court cases would not have helped that process! — Chris Hyndman
My understanding of the case was they were appealing the decision that the first responder (who was originally awarded $45,000 in reparation) was not classed as a victim as defined in the Sentencing Act, and therefore they were not a victim of the offence and thus reparations can not be imposed on the PCBU for their emotional harm.It looks like the PCBU has successfully argued that the PTSD harm was both secondary and unforeseeable. — Chris Hyndman
With a private road being defined in the same regulation as:Motor vehicles used on a private road are exempt from the requirement to be registered and licensed. — R19 (2) of Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011
For the purposes of subclause (2), private road means a road, place, or arcade laid out or formed on private land by the owner of that land.
A forklift that is operated on the road, ie that is registered, requires a WoF. Therefore, the vehicle inspector may inspect a forklift only if it has a registration plate attached to it.
Note: A forklift used solely on a road that is a private road is not required to be registered (so no registration plate attached), and therefore a WoF cannot and must not be issued. Private road means a road, place or arcade laid out or formed on private land by the owner of that land. A forklift operated on a private road must still be safe and, if operated at night, must be fitted with headlamps or work lamps and rear position lamps. — VIRM In-Service Certification (WoF and CoF)
The machinery in question is your typical workshop stuff, Drop saws, lathes, grinding wheels etc, and an initial check that guarding is in place has been competed. The checks that I want to carry out at a yet to be determined frequency would be a record that the guards are still in place and are undamaged (this would be in addition to regular pre-use checks that we do not want to keep records of). — Chris Hyndman
This should be getting done every six months by whoever is testing and tagging your tools, leads and plug in machinery. The equipment and software I use has a visual test check list, when I'm testing an item with safety interlocks/guards etc, I confirm their presence and functionality and note that in the comments section of the test results for each item. — Steve H
That sounds very odd Brendan. Are they assessing each individual? What on earth does that 'pre-approval' involve? — Tania Curtin
It's about sh*tty companies not being able to penalise people for doing the right thing, not the other way around. — Tania Curtin
You are forgetting the beginning of S19 "In this Act, unless the context otherwise requires, a worker means an individual who carries out work in any capacity for a PCBU, including work as—" with the general legal interpretation of an "individual" as a natural person (i.e. a human being)s19.1b defines a worker as a contractor or subcontractor. — Albert
To clarify S27 would not apply to "MattD2 Chippy Ltd" (as that is not an individual worker), but could apply to MattD2 working as a sole trader chippy - the first is a PCBU that's legal entity is a company (and in this case a contracting company), the second would be a PCBU with the legal entity of an individual (and therefore also a worker). As @SafetylawyerNZ said though, this hasn't really been tested yet...unless the subbie is brought on as a contract worker/sole trader — MattD2
Thanks for the replies Chris and Joanne - good to see that the general consensus is a single notification is the standard approach. In the context that I am generally working we will have multiple individual contractors engaged in the work at different times over the duration of the job, so in this case I would say we are "most heavily involved in the notifiable work" being we are present throughout the job.Notice only needs to come from one PCBU, for us its the contractor most heavily involved in the notifiable works. — Chris Anderson
This usually leads to 'proper task preperation was not done'. — Bruce Tollan