WEBVTT - Experts push back against WorkSafe reforms - as research warns of potential for a Pike River repeat

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<v Speaker 1>Hilda.

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<v Speaker 2>I'm Chelsea Daniels and This is the Front Page, a

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<v Speaker 2>daily podcast presented by The New Zealand Herald. A new

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<v Speaker 2>study suggests that another Pike River mine disaster is likely.

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<v Speaker 2>The Victoria University of Wellington researchers say the failures that

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<v Speaker 2>led to the disaster that killed twenty nine men in

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<v Speaker 2>twenty ten could happen again at any other organization. One

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<v Speaker 2>of their potentially disturbing observations is that health and safety training,

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<v Speaker 2>auditors and well qualified staff were not enough to prevent failure,

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<v Speaker 2>and may also have provided an illusion of certainty and overconfidence.

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<v Speaker 2>The new research has come amidst a slew of changes

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<v Speaker 2>to health and safety legislation being pushed through by the government,

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<v Speaker 2>which has sparked warnings from advocates. One of those advocates

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<v Speaker 2>is Like Cosmon, an independent health and safety practitioner who

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<v Speaker 2>sat on the Independent Task Force on Workplace Health and

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<v Speaker 2>Safety established after the Pike River disaster. He joins us

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<v Speaker 2>now on the Front Page to discuss this new study

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<v Speaker 2>and the proposed changes. So this new case study of

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<v Speaker 2>Pike River warns we could very well see another similar

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<v Speaker 2>disaster in the future, even fifteen years on You've done

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<v Speaker 2>a lot of work around workplace health and safety of

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<v Speaker 2>course over the decades. Tell me what have we learned

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<v Speaker 2>since then? If anything, I think what we've.

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<v Speaker 3>Learned is that disasters can still happen. Obviously Pike River

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<v Speaker 3>was the most relevant one in this context, but it

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<v Speaker 3>wasn't the first disaster that we had in the mining industry.

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<v Speaker 3>If we look internationally, we know that disasters have occurred

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<v Speaker 3>in a whole variety of different spectors, ranging from adventure

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<v Speaker 3>activity with dream world, chemical plant, mines, ferries, railways and

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<v Speaker 3>the like. And so I think one of the things

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<v Speaker 3>that we have to reflect on is the fact that

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<v Speaker 3>wherever there are activities that involve a lot of people

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<v Speaker 3>and a lot of energy, then the potential for that

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<v Speaker 3>energy to be released and people to be harmed is

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<v Speaker 3>ever present. And whilst it may be very rare, when

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<v Speaker 3>it does happen, it's catastrophic. And so the challenge for

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<v Speaker 3>busy managers and directors is to say, well, you know,

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<v Speaker 3>is it worth investing in reducing the likelihood of this

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<v Speaker 3>occurring when I've got more pressing problems that I have

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<v Speaker 3>to deal with immediately. And I think the Pike River

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<v Speaker 3>case study shows that they were kicking the can down

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<v Speaker 3>the road, hoping that things would come right and that

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<v Speaker 3>they would be able to generate revenue, get into better

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<v Speaker 3>quality conditions, get the machinery working properly, get the team

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<v Speaker 3>working cohesively, and that all of this would actually make

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<v Speaker 3>things better, whereas in fact, as we know, the explosion

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<v Speaker 3>occurred within a month of them actually trying to go

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<v Speaker 3>into full production.

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<v Speaker 2>The lead author of this study, doctor Richard Logan, has

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<v Speaker 2>said whilst the subsequent Royal Commission of Inquiry investigated and

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<v Speaker 2>reported their findings as to the causes of the disaster,

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<v Speaker 2>and this was followed by a number of articles and books,

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<v Speaker 2>there is a general sense of unfinished business, especially in

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<v Speaker 2>the leadership and governance space. So has anything changed or

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<v Speaker 2>how do we change that leadership and governance space.

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<v Speaker 3>I spend a lot of my time working with boards

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<v Speaker 3>and senior leadership teams, and I think that there has

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<v Speaker 3>been a significant shift. I think that they are more engaged. Clearly,

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<v Speaker 3>part of the regulatory change that I was involved with

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<v Speaker 3>leading was around creating this proactive due diligence duty, so

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<v Speaker 3>that actually there is a very clear expectation not just

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<v Speaker 3>that you wait to be told but that as a director,

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<v Speaker 3>you need to find out, you need to ask the questions,

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<v Speaker 3>you need to seek the information that you need in

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<v Speaker 3>order to understand your risks. So a lot of effort

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<v Speaker 3>has gone in particularly i would say, at the at

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<v Speaker 3>the big end of town. But what I'm seeing is

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<v Speaker 3>less focus in smaller businesses governance perhaps doesn't exist in

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<v Speaker 3>the traditional form, or where the governance skills don't exist

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<v Speaker 3>as they might amongst professional directors. I'm seeing it in

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<v Speaker 3>offshore owned businesses in New Zealand, where we are simply

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<v Speaker 3>a part of a much larger global business and where

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<v Speaker 3>perhaps health and safety doesn't have as much focus. But

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<v Speaker 3>we're also seeing people like the Institute of Directors and

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<v Speaker 3>the guidance that was produced last year really signaling clearly

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<v Speaker 3>what director should do. And then the most recent prosecution

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<v Speaker 3>of Tony Gibson, the former chief executive of Ports of Auckland,

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<v Speaker 3>have actually demonstrated that at least one of the regulators

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<v Speaker 3>in the form of Maritime New Zealand, is willing to

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<v Speaker 3>actually put that to the test and has secured a

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<v Speaker 3>conviction in relation to what they believe the chief executive

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<v Speaker 3>in a high risk business with a portrack record should

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<v Speaker 3>be expected to do, but noticing of course that that

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<v Speaker 3>is subject to appeal.

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<v Speaker 1>What I can tell you is that in the opportunity

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<v Speaker 1>I've had to speak to the family members and the

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<v Speaker 1>time that I spent with them, there is an awful

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<v Speaker 1>lot of sorrow in that room, but not anger. People

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<v Speaker 1>realize that this has been a great tragedy. They deserve answers,

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<v Speaker 1>and in due course we will have a proper investigation

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<v Speaker 1>to deliver them those answers. But for now, people are

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<v Speaker 1>recognizing the scale of the tragedy and taking solace from

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<v Speaker 1>the fact that so many people from around the world

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<v Speaker 1>are giving them comfort, love and support.

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<v Speaker 2>When you sat on the Independent Task Force on Workplace

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<v Speaker 2>and Health and Safety, what were some of the recommendations

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<v Speaker 2>that were actually then made into law.

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<v Speaker 3>We made a whole series of recommendations, and part of

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<v Speaker 3>the framing that we used was that it was like

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<v Speaker 3>a cloak. I think we actually had a fucker toki

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<v Speaker 3>that said, a carefully woven cloak is a protection for

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<v Speaker 3>us all. And we said to the Minister at the time,

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<v Speaker 3>who was Simon Bridges, this is not a Chinese restaurant

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<v Speaker 3>menu where you can pick and mix these things all

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<v Speaker 3>have to be mutually reinforcing, so if you're going to

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<v Speaker 3>do it, do it all. He agreed, and for a

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<v Speaker 3>time it looked as if officials agreed, but then other

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<v Speaker 3>priorities prevailed and what we ended up with was exactly

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<v Speaker 3>what we'd feared, which was only some of the recommendations

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<v Speaker 3>being implemented. So if we take one of the issues

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<v Speaker 3>that the Minister is currently talking about, which is around

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<v Speaker 3>clarity and certainty for business as to what they need

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<v Speaker 3>to be doing in certain circumstances, that was a clear

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<v Speaker 3>recommendation from the task Force. There was a roadmap of

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<v Speaker 3>new regulations that was planned, but it stalled, and so

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<v Speaker 3>we've got significant gaps in the regulatory framework. And that

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<v Speaker 3>means that there are lots of areas, very important areas,

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<v Speaker 3>where the detail isn't simply there to support businesses to

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<v Speaker 3>know what they should be doing. And unfortunately that hasn't

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<v Speaker 3>been helped because of the relatively small number of cases

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<v Speaker 3>that go to court and actually get determined, and so

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<v Speaker 3>we're not building up that case law, that jurisprudence that

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<v Speaker 3>actually tells us what the courts of interpreted parliaments intend

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<v Speaker 3>to be. And so whilst I disagree with the majority

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<v Speaker 3>of the minister's proposals. The one thing that I think

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<v Speaker 3>everybody agrees on is that we do need up to

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<v Speaker 3>date relevant guidance to support business to know how to

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<v Speaker 3>do the right thing.

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<v Speaker 2>Of those recommendations that you made that ever made into legislation,

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<v Speaker 2>if you had a magic pen and you had the

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<v Speaker 2>ability to sign something off tomorrow, what do you think

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<v Speaker 2>should be on the top of the list.

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<v Speaker 3>So for me, it's actually seeing health and safety as

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<v Speaker 3>being about a system, and it's a system that needs

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<v Speaker 3>governance just the same as a business needs governance. So

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<v Speaker 3>one of the recommendations that we made and which was

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<v Speaker 3>implemented but probably in name rather than substance, is having

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<v Speaker 3>a national strategy around health and safety, but that strategy

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<v Speaker 3>actually having some oversight and some teeth. So our national strategy,

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<v Speaker 3>which is produced in twenty eighteen, there's probably about three

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<v Speaker 3>people in the country who are aware of it and

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<v Speaker 3>nobody who's actually doing anything to bring it about. So

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<v Speaker 3>there's no implementation plan for the strategy. We've got different agencies,

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<v Speaker 3>both public sector agencies like acc Work Safe, NZTA, Maritime

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<v Speaker 3>New Zealand, all doing their thing but not really being

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<v Speaker 3>joined up as part of a cohesive approach. We've got

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<v Speaker 3>different parts of the private sector, whether it's private insurers,

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<v Speaker 3>whether it's the medical system, the training system, health and safety,

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<v Speaker 3>professional workers. All of them are trying hard, but there

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<v Speaker 3>is no governance. There's no overseeing group as they have

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<v Speaker 3>in other countries, which is taking that bigger picture of

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<v Speaker 3>you and saying how do we make sure that the

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<v Speaker 3>whole is greater than the sum of the parts. And

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<v Speaker 3>at the moment we're being busy, but we're not necessarily

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<v Speaker 3>being very effective.

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<v Speaker 2>Workplace Relations and Safety Minister Brook van Velden has made

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<v Speaker 2>a number of changes over the last year to health

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<v Speaker 2>and safety regulation. The most recent change is that this

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<v Speaker 2>government wants work safe to become a more supportive regulator,

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<v Speaker 2>to ditch its adversarial culture and focus on managing critical risks.

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<v Speaker 2>According to a report in The Herald, what do you

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<v Speaker 2>make of this change?

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<v Speaker 3>So the first thing is that nothing that she says

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<v Speaker 3>appears to be based on any evidence that it will

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<v Speaker 3>actually improve health and safety. So the driver is about

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<v Speaker 3>reducing burdens on business improving productivity, which are all worthwhile,

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<v Speaker 3>but ultimately the objective I believe has to be about

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<v Speaker 3>will it reduce the burden of harm that our workers

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<v Speaker 3>and our social welfare system, and our medical system and

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<v Speaker 3>familism baro are all experiencing every single day. So critical risk, yes,

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<v Speaker 3>because those are areas that cause the greatest harm in

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<v Speaker 3>terms of severity, so the things that kill people. But

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<v Speaker 3>that is being part of the regulator's agenda for many years.

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<v Speaker 3>They've prioritized forestry and construction and agriculture and manufacturing and transport,

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<v Speaker 3>so there's nothing new in that space. But by focusing

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<v Speaker 3>exclusively on critical risk, you actually miss out on things

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<v Speaker 3>such as like a social or harm, which we know

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<v Speaker 3>is a massive burden on all of society. We've got

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<v Speaker 3>some of the worst suicide rates in the world and

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<v Speaker 3>workplace factors are a significant contribution to that. It ignores

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<v Speaker 3>the things that cost acc and therefore us the most

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<v Speaker 3>amount of money, which is musculo scletal disorders. They wouldn't

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<v Speaker 3>be classed as critical risks, and so by saying that

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<v Speaker 3>the out of scope for the legislation and the regulator,

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<v Speaker 3>we're actually dismissing, you know, the many hundreds of thousands

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<v Speaker 3>of people with damage backs and chronic injuries that don't

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<v Speaker 3>meet the definition. So I think she's being somewhat dogmatic

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<v Speaker 3>in her approach. What it needs is a much more

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<v Speaker 3>nuanced approach. It isn't a question of guidance or regulation.

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<v Speaker 3>The two have to work hand in hand. She also,

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<v Speaker 3>I think, seems to be implying by talking about work

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<v Speaker 3>Safe being more business friendly, that they should be out

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<v Speaker 3>there actually acting as publicly funded business advisors. Now you

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<v Speaker 3>know that is not the regulator's role. Businesses have to

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<v Speaker 3>own their own risks, They have to seek their own advice.

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<v Speaker 3>The regulator should provide the guidance, but the guidance will

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<v Speaker 3>only be generic. How you implement it in your business

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<v Speaker 3>will be something that each business has to work out

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<v Speaker 3>for itself, and so I think it's the simplistic some

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<v Speaker 3>of it, I would say is driven by dogma rather

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<v Speaker 3>than by genuine care for improving worker health and safety.

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<v Speaker 4>On the work safe side, I'm going to direct work

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<v Speaker 4>Safe to confirm and provide guidance on instances of road

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<v Speaker 4>cone over compliance. There will be a hotline for the

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<v Speaker 4>public to report on excessive road cone use they might

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<v Speaker 4>find out in the wild. Having work Safe focus on

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<v Speaker 4>this will be a culture shift for the agency, but

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<v Speaker 4>it signifies the broader direction this government is taking with

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<v Speaker 4>the health and safety system. This is just the start

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<v Speaker 4>of the reform program. I'll be seeking care cabnet decisions

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<v Speaker 4>on further issues in the coming months.

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<v Speaker 2>There have also been changes removing responsibility for company directors

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<v Speaker 2>and boards for health and safety risks, a removal of

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<v Speaker 2>liability for land owners when it comes to recreational activities,

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<v Speaker 2>and some leeway for small businesses around non critical risks.

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<v Speaker 2>Now I understand from some previous comments you've made in

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<v Speaker 2>the media that you aren't a big fan of these changes.

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<v Speaker 3>I think that would be putting it politely. At the moment,

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<v Speaker 3>there are only proposals, so nothing has actually changed. So

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<v Speaker 3>we had a cabinet paper back in March. We'll have

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<v Speaker 3>another cabinet paper in May, and obviously the Minister will

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<v Speaker 3>need to bring forward more detailed proposals for legislative change

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<v Speaker 3>through the Select committee process, which is obviously when you

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<v Speaker 3>know we will be putting our submissions together. Removing director

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<v Speaker 3>responsibilities I think is absolutely a mistake. As we've just

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<v Speaker 3>been discussing. You know, tone from the top is crucial.

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<v Speaker 3>If directors aren't fully committed to health and safety, they'd

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<v Speaker 3>be no surprise if managers and supervisors and frontline workers

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<v Speaker 3>get the message that it's all about production and safety

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<v Speaker 3>is a nice to have, not a mat out. In

0:14:09.440 --> 0:14:12.360
<v Speaker 3>terms of small businesses, we know that actually small businesses

0:14:12.400 --> 0:14:16.200
<v Speaker 3>health and safety record is worse than larger businesses because

0:14:16.200 --> 0:14:19.880
<v Speaker 3>they don't have the capacity and capability to manage risks

0:14:19.920 --> 0:14:24.440
<v Speaker 3>as well as larger organization. So yes, focus their attention

0:14:24.520 --> 0:14:27.520
<v Speaker 3>on the things that are going to kill and permanently

0:14:27.520 --> 0:14:31.560
<v Speaker 3>disabled people. But once we start exempting things, and we

0:14:31.600 --> 0:14:34.360
<v Speaker 3>saw this a few years ago when there was an

0:14:34.400 --> 0:14:38.680
<v Speaker 3>attempt to exempt certain small businesses from requiring them to

0:14:38.720 --> 0:14:41.520
<v Speaker 3>have health and safety reps if requested, and it ended

0:14:41.600 --> 0:14:44.800
<v Speaker 3>up with all sorts of anomalies where farming was considered

0:14:44.880 --> 0:14:47.160
<v Speaker 3>low risk, and yet we know it's got one of

0:14:47.200 --> 0:14:51.280
<v Speaker 3>the highest fatality rates of any industry. And so I think,

0:14:51.360 --> 0:14:54.040
<v Speaker 3>you know, the minister is playing to an audience. You know,

0:14:54.120 --> 0:14:57.240
<v Speaker 3>if we take the whole Cones issue, which has been

0:14:57.280 --> 0:14:58.720
<v Speaker 3>a complete distraction.

0:14:58.440 --> 0:15:01.640
<v Speaker 2>Oh god, it's just a headline grab. I think it is.

0:15:01.680 --> 0:15:03.520
<v Speaker 3>I mean, I think what the media refer to it

0:15:03.520 --> 0:15:05.280
<v Speaker 3>as a dead cat. So you throw a dead cat

0:15:05.320 --> 0:15:07.640
<v Speaker 3>on the table and everybody focuses on the dead cat

0:15:07.920 --> 0:15:10.240
<v Speaker 3>and not on the issue that we were talking about previously.

0:15:10.320 --> 0:15:13.840
<v Speaker 3>And they've been highly successful because everybody now talks about cones,

0:15:14.040 --> 0:15:18.120
<v Speaker 3>and cones have become demonized. And yet actually we know

0:15:18.360 --> 0:15:22.080
<v Speaker 3>that the risks to both road workers and road users

0:15:22.200 --> 0:15:25.600
<v Speaker 3>when roadworks are taking place, it's potentially very high. Yes,

0:15:25.680 --> 0:15:27.960
<v Speaker 3>we can always improve, you know, making sure the cones

0:15:28.000 --> 0:15:30.280
<v Speaker 3>are removed once the work has finished, you know, looking

0:15:30.320 --> 0:15:34.160
<v Speaker 3>at alternative ways of protecting the workplace, but that work

0:15:34.240 --> 0:15:38.960
<v Speaker 3>was ongoing two three years ago. It's a big change

0:15:38.960 --> 0:15:42.040
<v Speaker 3>that's occurring in that industry, but it also requires some

0:15:42.080 --> 0:15:46.240
<v Speaker 3>tough choices, such as close the road rather than put

0:15:46.280 --> 0:15:48.880
<v Speaker 3>cones in and out, you know, at nine point thirty

0:15:48.920 --> 0:15:50.840
<v Speaker 3>every morning and take them back in again at three

0:15:50.840 --> 0:15:54.520
<v Speaker 3>o'clock every afternoon, which slows the work down. It puts

0:15:54.600 --> 0:15:57.400
<v Speaker 3>everybody at more risk because the process of putting out

0:15:57.400 --> 0:16:00.160
<v Speaker 3>and taking in the traffic management is one of the

0:16:00.200 --> 0:16:03.800
<v Speaker 3>highest risk times. And actually, by demonizing cones, what we're

0:16:03.800 --> 0:16:07.280
<v Speaker 3>seeing is that road workers are being demonized. So one

0:16:07.320 --> 0:16:10.880
<v Speaker 3>of my clients is heavily involved in this work and

0:16:10.920 --> 0:16:15.320
<v Speaker 3>their staff are getting spat at, they're getting things thrown

0:16:15.360 --> 0:16:18.920
<v Speaker 3>at them, they're getting people driving at them deliberately because

0:16:19.000 --> 0:16:21.840
<v Speaker 3>they are seen now as being the cause of the

0:16:22.720 --> 0:16:25.600
<v Speaker 3>delays that are occurring whilst the roads are being fit.

0:16:26.280 --> 0:16:28.840
<v Speaker 3>And so the level of violence and aggression toward road

0:16:28.880 --> 0:16:33.800
<v Speaker 3>workers and the lack of adherence to roadwork signage, whether

0:16:33.800 --> 0:16:37.320
<v Speaker 3>it's about speed limits or not driving too fast on

0:16:37.440 --> 0:16:41.680
<v Speaker 3>roads that have just been resurfaced, is actually creating many,

0:16:41.680 --> 0:16:44.960
<v Speaker 3>many more problems rather than actually addressing the ones that

0:16:45.000 --> 0:16:46.320
<v Speaker 3>we already working on.

0:16:46.520 --> 0:16:49.760
<v Speaker 2>So, if work Safe is going to focus on critical

0:16:49.920 --> 0:16:52.560
<v Speaker 2>risks and the threat of another Pike River could be

0:16:52.680 --> 0:16:55.400
<v Speaker 2>described as such, what would you like to see change

0:16:55.480 --> 0:16:58.520
<v Speaker 2>to prevent that? Because at the moment, all I'm thinking is, oh,

0:16:58.520 --> 0:17:00.520
<v Speaker 2>these are all going to look nice on a three

0:17:00.560 --> 0:17:03.640
<v Speaker 2>poster in the mail room, do you know what I mean? Like,

0:17:03.720 --> 0:17:09.720
<v Speaker 2>what incentive other than trying not to kill your workers

0:17:09.880 --> 0:17:13.480
<v Speaker 2>do those directors do those company owners have at the

0:17:13.560 --> 0:17:15.640
<v Speaker 2>moment to implement these changes?

0:17:16.000 --> 0:17:18.760
<v Speaker 3>So I think what I would like to see is

0:17:18.840 --> 0:17:25.400
<v Speaker 3>that there is much more collaborative work around critical risk. So,

0:17:25.520 --> 0:17:28.760
<v Speaker 3>rather than a transactional approach where an individual inspector visits

0:17:28.760 --> 0:17:31.840
<v Speaker 3>an individual business to talk about how they're managing a

0:17:31.880 --> 0:17:36.000
<v Speaker 3>particular activity, is actually to get the key movers and

0:17:36.040 --> 0:17:39.440
<v Speaker 3>shakers in that sector or in relation to that risk

0:17:39.520 --> 0:17:44.040
<v Speaker 3>together and actually agree how do we move standards forward

0:17:44.280 --> 0:17:47.000
<v Speaker 3>in a managed way, because one of the challenges, particularly

0:17:47.040 --> 0:17:49.919
<v Speaker 3>if we start to reduce the amount of enforcement, is

0:17:49.920 --> 0:17:52.919
<v Speaker 3>that it actually makes life harder for the good performance.

0:17:53.040 --> 0:17:56.240
<v Speaker 3>So somebody who's actually invested in improving health and safety

0:17:56.960 --> 0:18:00.119
<v Speaker 3>is likely to be at a competitive disadvantage against somebody

0:18:00.520 --> 0:18:03.639
<v Speaker 3>who hasn't made that investment, but who the regulator is

0:18:03.680 --> 0:18:06.240
<v Speaker 3>not actually holding to account. So I think it's in

0:18:06.280 --> 0:18:09.679
<v Speaker 3>everybody's best interest to have that clarity. This is what

0:18:09.720 --> 0:18:12.000
<v Speaker 3>we're trying to achieve, this is the best way to

0:18:12.080 --> 0:18:14.720
<v Speaker 3>achieve it. Here's the guidance that sets out in broad

0:18:14.800 --> 0:18:17.959
<v Speaker 3>terms how we go about doing it. And this is

0:18:18.040 --> 0:18:22.720
<v Speaker 3>how individually and collectively the various parts of the system

0:18:23.119 --> 0:18:25.320
<v Speaker 3>are going to hold you to account. We're actually doing it,

0:18:25.359 --> 0:18:28.199
<v Speaker 3>and that, from my experience back in the UK, is

0:18:28.240 --> 0:18:31.919
<v Speaker 3>how you get sustainable change because we're all moving in

0:18:31.960 --> 0:18:35.720
<v Speaker 3>the same direction together. We're not using health and safety

0:18:35.720 --> 0:18:38.760
<v Speaker 3>as something that we compete against each other on. And

0:18:39.240 --> 0:18:44.560
<v Speaker 3>actually that process is where the regulator needs to lead

0:18:45.119 --> 0:18:46.919
<v Speaker 3>because they are the only ones who at the end

0:18:46.920 --> 0:18:49.840
<v Speaker 3>of the day, actually have the power and the authority

0:18:50.320 --> 0:18:53.639
<v Speaker 3>to drive change if they can't actually achieve it in

0:18:53.680 --> 0:18:54.800
<v Speaker 3>a more collaborative way.

0:18:55.000 --> 0:19:02.199
<v Speaker 2>Thanks for joining us, Mike, my pleasure. That's it for

0:19:02.240 --> 0:19:05.320
<v Speaker 2>this episode of The Front Page. You can read more

0:19:05.359 --> 0:19:10.040
<v Speaker 2>about today's stories and extensive news coverage at enzedherld dot

0:19:10.080 --> 0:19:13.719
<v Speaker 2>co dot nz. The Front Page is produced by Ethan

0:19:13.840 --> 0:19:17.640
<v Speaker 2>Sills and Richard Martin, who is also our sound engineer.

0:19:18.119 --> 0:19:22.560
<v Speaker 2>I'm Chelsea Daniels. Subscribe to the Front Page on iHeartRadio

0:19:22.760 --> 0:19:26.240
<v Speaker 2>or wherever you get your podcasts, and tune in tomorrow

0:19:26.400 --> 0:19:28.520
<v Speaker 2>for another look behind the headlines.