On the 21 May 2021 the Department of Labour published the Occupational Health & Safety Bill for public comment. We would recommend that employers consider the impact this may have on their organisations as there are a number of important changes. The Bill is available here.
Specific items to be aware of include (not a complete list):
- New definition of employer and employee
- Requirement for a risk assessment to be carried out by all employers by a “person or persons who are competent to pronounce on all the risks associated with that workplace” – it is not clear whether this will create a more onerous and costly requirement for office based employers;
- Placing a specific burden on manufacturers and importers to make their product safe and also to provide correct instructions on use without the previous wording of “so far as reasonably practicable.” This will likely add extra costs and risks for importers in particular who may traditionally have relied on the instructions and safety steps taken by manufacturers in other countries;
- Changes to the rules around Heath & Safety committees and a requirement for them to meet every two months (previously three months) and for a committee to be setup where there is one or more health and safety representative;
- A new reporting obligation to inform the Department by the 1 March of any incidents in the past twelve months
- Further administration clauses around the rights and duties of inspectors, appeals, penalties, fines and complaints as well as the protection of personal information