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Revised Health and Safety Legislation

We have been holding off providing guidance on the proposed health and safety legislation while awaiting its final passage. However, implementation has now been deferred for almost another year.

For health and safety consultants, it is hardly worth spending time analysing the changes until the legislation is finalised. Unfortunately, that uncertainty is also likely to influence many small and medium-sized businesses—particularly those without dedicated health and safety staff. If businesses don’t know what the final requirements will be, and the political messaging suggests they will need to do less, there is little incentive to invest in change now.

Our views on the initial Bill, which have largely been retained in the version reported back to Parliament, remain unchanged. In particular, we continue to have concerns about the treatment of critical risks. You can read our earlier commentary here:
https://winsland.co.nz/wp-content/uploads/2026/03/Impact-of-HSWA-changes-on-small-businesses-an-update.pdf

The current Act already requires a PCBU (Person Conducting a Business or Undertaking) to eliminate risks, or where that is not reasonably practicable, to minimise them so far as is reasonably practicable. In practice, this test naturally gives priority to higher-consequence hazards—often referred to as critical risks. For most SMEs, the practical expectations are therefore unlikely to change significantly, despite the political debate. Sitting back and not identifying or managing risks is simply not an option.

In our experience, most businesses genuinely care about managing risk. For a small business, the loss of even one key person can be hugely disruptive and, in some cases, threaten the viability of the business. Regardless of the political discussion, business owners want their people to go home safe and healthy each day, and to come back fit for work the next.

The challenge is not willingness—it is knowing what to do. With limited resources and often limited health and safety expertise, many SMEs struggle to understand what is required and how to implement it effectively.

Recognising that this challenge is not going away, we have been working with local businesses to develop a simple, free app. It guides SMEs on what they need to do, when they need to do it, and provides the templates and documents needed to stay on top of their health and safety responsibilities.

Find out more about the app here:
https://winsland.co.nz/app/

Contact us to discuss your health and safety needs.

How do I handle a Worksafe visit?

“A Worksafe visit can only be bad news” – is the common reaction to Worksafe visit.

Practical Tips During a WorkSafe Visit.
1. Engage H&S advisors – their guidance can help interpret inspector queries and prepare accurate responses.
2. Control access – ensure visitors (INCLUDING THE WORKSAFE INSPECTOR) follow induction procedures and safety requirements.
3. Document everything – have up-to-date documentation ready: risk assessments, training records, and incident logs.
4. Staff awareness – ensure employees know hazard and incident reporting procedures and emergency protocols.
5. Preserve safety evidence – for serious events, secure the area and gather supporting materials like photos or CCTV.
6. Respond appropriately – follow advice, improvement, or prohibition notices promptly with documented actions.

To be fair a Worksafe visit is the regulator is checking compliance or investigating a serious incident. But it also serves to provide businesses with visibility on their health.
However, the level of experience of inspectors is varied and turnover high so they are not always right. If they stop your work or ask you to do something silly – don’t hesitate to take advice.

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How law changes impact small business

There are two aspects that small business should understand – critical risk and approved codes of practice (ACOPs).
The change is essentially that small business does not need to worry about risks that are not critical. This means they need to be clear on what is “Critical”.

Following an ACOP will be evidence of compliance. However, ACOP are non-binding and you can achieve compliance through other means. Bottom line business needs to know and apply all of the ACOP relevant to their operations.