New Zealand retailers will have greater clarity around their health and safety obligations following the passing of the Health and Safety at Work Amendment Bill, according to Retail NZ CEO Carolyn Young.
The Bill, introduced by Workplace Relations and Safety Minister Brooke van Velden, amends the Health and Safety at Work Act 2015 to focus the work health and safety system on "critical risks" rather than requiring businesses to manage all risks equally.
It also amends the WorkSafe New Zealand Act 2013 and the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016.
Under the changes, a new definition of critical risk has been added to the Act, covering hazards linked to specified regulations set out in a new schedule, as well as any hazard likely to result in death, a notifiable injury, illness or incident, or an occupational disease.
The Bill also introduces a definition of "small PCBU" (person conducting a business or undertaking), covering businesses with fewer than 20 workers, which will be required to manage only critical risks under core duty provisions, while continuing to meet worker welfare obligations such as lighting, washing facilities and first aid in full.
Young said the changes would ease pressure on small retailers.
"Small businesses make up the majority of the retail sector in Aotearoa New Zealand, so streamlining compliance and ensuring their focus is on managing critical risks will relieve some of the pressure being felt by SMEs operating in low-hazard environments," she said.
Retail NZ had raised concerns during the select committee process about the clarity of the "critical risk" definition.
Young said she and her team are pleased to see the definition is now more explicit.
“We hope that with further industry-specific guidance, retailers will be able to easily ensure they're meeting their health and safety obligations," she said.
The Bill also strengthens Approved Codes of Practice (ACOPs), allowing other organisations — including worker or employer representatives, or industry and sector representatives — to develop draft codes for the regulator's review and recommendation to the Minister, in addition to the regulator itself.
Codes approved after the Bill's commencement will carry a "safe harbour" status, meaning a person who acts in accordance with an ACOP for a specific risk will be deemed to have complied with their duty for managing that risk.
Only two existing ACOPs — covering cargo loading and unloading at ports and on ships, and forestry and harvesting operations — will be granted this status from commencement, with other existing codes retaining their current status until reviewed and reapproved by the Minister.
Retail NZ said it wants to see a retail-specific ACOP developed to guide employers on sector-specific hazards, including psychosocial risks relating to crime, aggression and violence, which Young said have become more common in stores since the Covid-19 pandemic.
"We see this Bill as a step forward in providing small retailers a more focused, practical, and proportionate health and safety system," Young said.
The Bill will commence the day after Royal assent.