NZ Worksafe law change 2015
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NZ Worksafe law change 2015
Hello All
I cannot find a Vector magazine article on it, or a previous post here on pprune.
Did you know...
There was a NZ law change in 2015 under Worksafe (old OSH) that both the employee and employer can be found responsible for, amongst other things, having an awareness when they engage in behavior that causes someone to be put at risk of being seriously injured, made seriously ill or killed. The penalty being a very very large fine and jail time. See Table 1 in this Factsheet.
This law change took place after lessons learned from the Pike River Mine disaster and the poor quality designs of buildings discovered from the Christchurch earthquake.
"Recklessness does not necessarily mean that the duty holder intended to cause someone to be put at risk of injury, illness or harm; the emphasis is on awareness."
The ramifications could be quite wide spread in aviation, from a LAME perspective for aircraft maintenance, and for example, a pilot exceeding flight time duty limitations and the company that created the roster that allowed it. Or simply a company that is aware of some safety requirements they are skimping on. I am sure there are many many other scenarios.
This places all senior management as well as the pilot/lame in the scope. So should an aviation accident/incident occur with serious injury, illness or death, after CAA have gone through and finished with you, NZ Worksafe will follow afterwards.
I cannot find a Vector magazine article on it, or a previous post here on pprune.
Did you know...
There was a NZ law change in 2015 under Worksafe (old OSH) that both the employee and employer can be found responsible for, amongst other things, having an awareness when they engage in behavior that causes someone to be put at risk of being seriously injured, made seriously ill or killed. The penalty being a very very large fine and jail time. See Table 1 in this Factsheet.
This law change took place after lessons learned from the Pike River Mine disaster and the poor quality designs of buildings discovered from the Christchurch earthquake.
"Recklessness does not necessarily mean that the duty holder intended to cause someone to be put at risk of injury, illness or harm; the emphasis is on awareness."
The ramifications could be quite wide spread in aviation, from a LAME perspective for aircraft maintenance, and for example, a pilot exceeding flight time duty limitations and the company that created the roster that allowed it. Or simply a company that is aware of some safety requirements they are skimping on. I am sure there are many many other scenarios.
This places all senior management as well as the pilot/lame in the scope. So should an aviation accident/incident occur with serious injury, illness or death, after CAA have gone through and finished with you, NZ Worksafe will follow afterwards.
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CAA work on behalf of Worksafe for aviation matters. So CAA can bring charges under the Civil Aviation Act and/or the HSW Act. In general the potential penalties under HSW are higher.
