As you may be aware, FICA has been working closely with Worksafe to ensure their Strategy and Sector Plan for Forestry is prioritised correctly using robust data.
One area that has had some attention is Worksafe’s Fall from Heights (FFH).
I’m pleased to announce there has been a change in Worksafe’s position, the text in italics below is from the Worksafe Forestry Sector Coordination Group.
The WorkSafe Forestry Sector Coordination Group are now able to confirm the following:
Excavators and diggers
WorkSafe’s Forestry Sector Coordination Group (FSCG) confirms that inspectors will not be focussing on Working at Heights risks with excavators and diggers as part of our proactive forestry sector plan assessment activity.
The exception to this applies in a situation called an immediate risk of harm (IRH). Should an inspector enter any workplace and observe an activity whereby any person or persons are at imminent risk of being harmed then inspectors are empowered to intervene. The overwhelming majority of IRHs involve working at height, followed by asbestos and clean air issues. If a Working at Height IRH situation is not observed, then there is no proactive assessment content associated with this.
Cable yarder safe access and guarding best practice guidelines
Safetree have led and published the development of the Cable yarder safe access and guarding Best Practice Guidelines (BPGs). This document had many contributors including WorkSafe. Although it is not officially endorsed by WorkSafe the risk management process and technical content aligns with expectations of the regulator. It has extracts from the Health and Safety at Work Act 2015 (the Act) and lists several WorkSafe publications and AS/NZS Standards as Benchmark Standards to assist with risk management and control development process.
WorkSafe will always defer to the highest level of Benchmark Standard, referred to as a defined standard, in the first instance when making a decision. Examples of this is include the Act and supporting Regulations, WorkSafe NZ BPGs.
The Cable yarder safe access and guarding BPGs and the AS/NZS Standards are recognised as an established standards and can also be used to assist with decision making.
See here for more information regarding Benchmark Standards and decision making.
Consistency
Consistency is a major focus for the WorkSafe FSCG going forward.
Previous assessment activity that did not generate enforcement does not preclude any future enforcement should an inspector confirm reasonable belief that a duty holder is not compliant with a provision of the Act or regulations.
Should reasonable belief be established, and enforcement issued, the duty holder has a right to request a Review of a reviewable decision. This is part of a legislative process and there is a prescribed way of requesting a review. There are also timeframes to which the request and response must comply with. Please Request an internal review of a reviewable decision | WorkSafe for more.
There are some outstanding Improvement notices for FFH. FICA is working with individual contractors and Worksafe to close these notices out.
If you have any questions, please contact me
Thanks
Rowan Struthers
FICA CEO
