We’re here to help you with safety leadership
As a leader or business owner, navigating the Health and Safety at Work Act 2015 (HSWA) requirements can be challenging. As a Person Conducting a Business or Undertaking (PCBU), you are responsible for the health and safety of your kamahi/workers and others working with your business.
ShopCare is here to help you understand your primary responsibilities and enhance your safety leadership, because good safety is good business.
How ShopCare can support your safety journey
At ShopCare, we want to help you move beyond compliance to create thriving workplaces, benefiting your business, kaimahi/workers, and the wider community. We do this by sharing our knowledge, learning from our collective experiences, creating, testing, and trialing interventions for all retailers and their supply chains.
Where to start
There are three key areas to focus on for successful health and safety in your workplace:
1: Safety leadership
Safety leadership comes down to what leaders think, say, do, and measure. The following helpful resources can help guide your business improve safety leadership:
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- Business Leaders Health and Safety Forum (BLHSF): 8 practices of a world-class CEO safety leader
- The Institute of Directors and WorkSafe: ‘A Good Practice Guide’ (July 2024) to support directors actively playing their part to improve health and safety outcomes. Includes an example board report.
- WorkSafe: Guide for directors of small to medium businesses
2: Getting professional help
Engaging a health and safety professional can simplify compliance and improve safety outcomes. If you’re looking to engage a health and safety professional to support your business, we recommend the HASANZ register to find an adviser.
Not every business is big enough to employ its own health and safety expertise. ShopCare has been created to bring together the retail sector and its supply chain to collaborate on mitigating our shared risks. We leverage the expertise of our team and the sector to provide a cohesive HSW approach.
3: Knowing your roles and responsibilities
Understanding your roles and responsibilities as a business owner and leader under the Health and Safety at Work Act (HSWA) is crucial. These are:
- What is your primary duty of care?
- What does WorkSafe mean by “reasonably practicable”?
- What does due diligence mean?
Understanding the Health & Safety at Work Act
Below we have outlined key information from WorkSafe about the Health & Safety at Work Act 2015 (HSWA) so you are aware of your obligations and responsibilities.
Primary duty of care
Under the HSWA, WorkSafe defines the primary duty of care as:
“The primary duty of care means that a business has the primary responsibility for the health and safety of workers and others influenced by its work. All businesses must ensure, so far as is reasonably practicable, the health and safety of its workers; and any other workers who are influenced or directed by the business.”
The primary duty of care is a broad, overarching duty. It includes, but is not limited to, so far as is reasonably practicable:
The work environment includes:
- the physical work environment, including lighting, ventilation, dust, heat and noise
- the psychological work environment, including overcrowding, deadlines, work arrangements (e.g. the effects of shift-work and overtime arrangements), and impairments that affect a person’s behaviour, such as work-related stress and fatigue, and drugs and alcohol)
- ‘Plant’ includes machinery, vehicles, vessels, aircraft, equipment (including personal protective equipment), appliances, containers, implements, tools, any component of one of these items or anything fitted or connected to one of these items
- ‘Structure’ means anything that is constructed. It can be fixed, movable, temporary, or permanent and includes any component or part of a structure. The following are examples of structures: buildings, masts, towers, frameworks, pipelines, quarries, bridges, and underground works (including shafts and tunnels)
Developing a safe system of work is a formal procedure carried out by a person with sufficient knowledge and experience. It involves:
- the systematic examination of a task to identify risks that may arise from carrying it out
- the identification of safe methods, including control measures to eliminate or minimise the identified risks
- the setting of methods to safely carry out the task
Developing safe systems of work can involve looking at the physical layout of the workplace and its access and egress, tools, plant, procedures and people (e.g. instruction, information, training). Safe work methods can be formalised for risky work using a permit-to-work system. Systems of work should be reviewed regularly and updated as appropriate.
PCBUs must, so far as is reasonably practicable, make sure that plant, structures, and substances are safely used, handled and stored.
PCBUs must, so far as is reasonably practicable, provide adequate facilities (that are clean, safe, accessible, in good working order and maintained to stay that way) for the welfare of workers.
PCBUs must, so far as is reasonably practicable, make sure that their workers and others are provided training, information, instruction or supervision to protect them from risks to health and safety. The type of training, instruction or supervision required will depend on the nature of the work carried out and the experience of the workers, and the risk that workers and others, such as clients and customers, are exposed to.
Exposure to certain hazards can injure workers or make them ill. This can include exposure to:
- airborne contaminants such as dust, fibres, fumes
- chemicals that can make people ill after breathing in, getting on their skin, or eating or drinking them
- biological hazards such as bacteria, viruses or fungi
- physical hazards such as noise, vibrations, UV radiation, heat
- ergonomic hazards such as repetitive motions and eye strain
A PCBU must, so far as is reasonably practicable, monitor its workers’ health and the workplace conditions. Monitoring is not a control measure to manage risk and does not replace the need for control measures to reduce exposure. Results from monitoring should be used to improve control measures where needed.
What does ‘reasonably practicable’ mean?
The primary duty of care requires a PCBU to ensure health and safety ‘so far as is reasonably practicable’ (section 22 of HSWA).
When used in this context, something is reasonably practicable if it is reasonably able to be done to ensure health and safety, having weighed up and considered all relevant matters, including:
- How likely are any hazards or risks to occur?
- How severe could the harm resulting from the hazard or risk be?
- What a person knows or ought to reasonably know about the risk and the ways of eliminating or minimising it (e.g. by removing the source of the risk or using control measures such as isolation or physical controls to minimise it)
- What measures exist to eliminate or minimise the risk (control measures)? How available and suitable is the control measure(s)?
Lastly, weigh up the cost:
- What is the cost of eliminating or minimising the risk?
- Is the cost grossly disproportionate to the risk?
Understanding due diligence
The Health and Safety at Work Act includes due diligence requirements for ‘officers’* to proactively engage in health and safety matters. Officers include directors, partners, and chief executives.
You must take reasonable steps to:
- know about work health and safety matters and keep that knowledge up to date
- understand of the nature of the business operations and associated hazards and risks
- ensure the business has appropriate resources and processes to eliminate or minimise those risks and to comply with other health and safety obligations, and check that the business uses them
- ensure there are appropriate processes for receiving and considering information about incidents, hazards and risks and for responding in a timely way
* An officer can be a director of a PCBU that is a company, a partner in a PCBU that is a partnership (in limited partnerships, only general partners are officers), a person in any other entity who holds a position similar to a company director (such as a board member) – paid or voluntary. Those in senior governance roles in an organisation are also officers. These roles influence how the organisation is managed (such as a Chief Executive Officer).
Valuable resources
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Health & Safety Work Act 2015
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EY Global EHS Maturity Study
Recent findings from the EY Global EHS Maturity Study (2024) highlight that prioritising health, safety, and environmental functions contributes to safeguarding both physical and intangible assets, such as the wellbeing of individuals, communities, and the environment. Embracing EHS as a strategic priority can improve industries' financial, social, and regulatory performance.
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We are working for you – to make your workplace safer and to ensure your team get home safely to their family at the end of their shift.