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WorkSafe's focus moves from enforcement to advice
WorkSafe's focus moves from enforcement to advice

Otago Daily Times

time3 days ago

  • Business
  • Otago Daily Times

WorkSafe's focus moves from enforcement to advice

By Russell Palmer of RNZ The government is shifting its work and safety regulator's priorities from enforcement to advice, saying this will help address concerns about underfunding and a "culture of fear". First steps include updating more than 50 guidance documents and launching the hotline - announced in March - for reporting excessive road cones. The restructure goes much deeper than that, though, with Workplace Relations and Safety Minister Brooke van Velden issuing a new letter of expectations, rearranging the regulator's finances and redefining its main purpose in legislation. The government has cut $2.2 million from the agency's funding since 2023 - a 1.6% cut from $141.1m to $138.9m - with heightened inflation over that time further increasing costs. The government also set aside $7m for restructuring the regulator - paid for out of the Health and Safety at Work levy - this year's Budget confirming that "while WorkSafe progressed with its proposed restructure, this funding was not ultimately required". About 124 permanent roles have been cut since 2023 - from 724 to 600, a more than 17% trim - although a spokesperson said the agency was now approved for 675 staff and was recruiting for those roles, including new inspectors. Van Velden said she expected the regulator to review its enforcement and prosecution decision-making to focus on "clear breaches and causation", and being even handed. This would include "strengthening its approach to worker breaches of duty". "I've been hearing there is a real culture of fear of people around WorkSafe, and I want people to feel like if they ask for help they will get that help - and so for any business or any worker who wants to know what it is that they should be doing to keep their workers safe, they will know where to go." She denied that this could mean slowing down the rate of prosecutions, however. "No, prosecutions will still remain. I think it's important that we do have enforcement, but we do need to balance that correctly with the upfront guidance." The agency would now have a stronger focus on critical risk and providing consistent, practical advice and guidance for employers to comply with. Van Velden also set out expectations for greater use of codes of conduct. While WorkSafe would continue to work on these, industries would now be invited to draft their own for approval by the minister, making up the majority of new codes in future. "A culture where the regulator is feared for its punitive actions rather than appreciated for its ability to provide clear and consistent guidance is not conducive to positive outcomes in the workplace," she said. Her proposal taken to Cabinet said the changes would shift WorkSafe "from an enforcement agency to one that engages early and well to support businesses and individuals to manage their risks". "I want to see a shift from a regulator that has a safety at all cost mentality, to a regulator that focusses on helping duty-holders do what is proportionate to the risks, including rooting out over-compliance." To support this and "increase fiscal transparency", the regulator's finances would be split into four categories: • Supporting work health and safety practice • Enforcing work health and safety compliance • Authorising and monitoring work health and safety activities • Energy safety WorkSafe's other functions identified in the law would become secondary, with Van Velden saying this would help it "articulate the cost and effectiveness of its activities". The moves were prompted in part by feedback from businesses, collected during a series of roadshow meetings in 11 towns and cities and over 1000 submissions provided in response to a discussion document consulted on over five months. "For too long, businesses and employers have asked for more guidance and help from WorkSafe on how to comply with health and safety legislation, only to be told it's not WorkSafe's job," van Velden said. "WorkSafe has started slashing outdated guidance documents from its website and will be updating guidance where necessary. Fifty documents have already been removed and more will follow. These documents were identified as being no longer relevant, nor reflecting current practice and technology, or containing content that is covered by other more up-to-date guidance." Her Cabinet paper stated the changes would also "help address concerns heard during the consultation that WorkSafe may be underfunded" by making clearer where its resources were being spent. She confirmed the changes would not come with any new funding. "No, there won't be any new funding. I've heard from people who have suggested there does need to be new funding, and I disagree ... WorkSafe has been funded well, but it's very difficult to find where exactly that money is going within WorkSafe," she told RNZ. "It's been very clear over a number of reviews into WorkSafe over the years that they have not been structuring their appropriation correctly. They got into a very big deficit. They've now pulled themselves out of that deficit and are in surplus. But there are still many, many questions as to, where are they spending that money." Her letter to the board set out an expectation the regulator would foster the use of Approved Codes of Practice. WorkSafe would need to provide advice to industries on how to develop and submit these for ministerial approval, while also conducting its own and starting new ones in industries "where there is no clear industry body representation". "While most future ACOPS will be industry-led, I still expect WorkSafe to develop ACOPs where appropriate." WorkSafe would also be expected to strengthen its oversight of other regulators, including "comprehensive monitoring of the third parties framework and addressing stakeholder concerns about inconsistent interpretations by third party certifiers". She expected cultural change to be reflected in its new statement of intent due out in October. Legislative change would be included in a Health and Safety at Work Reform Bill to be introduced later this year. In a statement, a WorkSafe spokesperson said it was working closely with the government on the changes. "We are well placed to deliver on the minister's expectations, via our new strategy and new leadership. WorkSafe is concentrating on the sectors where the most serious harm occurs - agriculture, forestry, construction and manufacturing - and on well-known causes of harm such as vehicles, machinery, working at height and harmful exposures. "Our Statement of Performance Expectations, due out in the coming weeks, will outline our strategic direction, budget, activities, and performance indicators for the 2025-26 year. Our most recent Impacts and Effectiveness Monitor report found 75 percent of businesses surveyed identified health and safety improvements due to their interactions with WorkSafe."

WorkSafe shakeup: shift from enforcement to advice
WorkSafe shakeup: shift from enforcement to advice

Otago Daily Times

time3 days ago

  • Business
  • Otago Daily Times

WorkSafe shakeup: shift from enforcement to advice

By Russell Palmer of RNZ The government is shifting its work and safety regulator's priorities from enforcement to advice, saying this will help address concerns about underfunding and a "culture of fear". First steps include updating more than 50 guidance documents and launching the hotline - announced in March - for reporting excessive road cones. The restructure goes much deeper than that, though, with Workplace Relations and Safety Minister Brooke van Velden issuing a new letter of expectations, rearranging the regulator's finances and redefining its main purpose in legislation. The government has cut $2.2 million from the agency's funding since 2023 - a 1.6% cut from $141.1m to $138.9m - with heightened inflation over that time further increasing costs. The government also set aside $7m for restructuring the regulator - paid for out of the Health and Safety at Work levy - this year's Budget confirming that "while WorkSafe progressed with its proposed restructure, this funding was not ultimately required". About 124 permanent roles have been cut since 2023 - from 724 to 600, a more than 17% trim - although a spokesperson said the agency was now approved for 675 staff and was recruiting for those roles, including new inspectors. Van Velden said she expected the regulator to review its enforcement and prosecution decision-making to focus on "clear breaches and causation", and being even handed. This would include "strengthening its approach to worker breaches of duty". "I've been hearing there is a real culture of fear of people around WorkSafe, and I want people to feel like if they ask for help they will get that help - and so for any business or any worker who wants to know what it is that they should be doing to keep their workers safe, they will know where to go." She denied that this could mean slowing down the rate of prosecutions, however. "No, prosecutions will still remain. I think it's important that we do have enforcement, but we do need to balance that correctly with the upfront guidance." The agency would now have a stronger focus on critical risk and providing consistent, practical advice and guidance for employers to comply with. Van Velden also set out expectations for greater use of codes of conduct. While WorkSafe would continue to work on these, industries would now be invited to draft their own for approval by the minister, making up the majority of new codes in future. "A culture where the regulator is feared for its punitive actions rather than appreciated for its ability to provide clear and consistent guidance is not conducive to positive outcomes in the workplace," she said. Her proposal taken to Cabinet said the changes would shift WorkSafe "from an enforcement agency to one that engages early and well to support businesses and individuals to manage their risks". "I want to see a shift from a regulator that has a safety at all cost mentality, to a regulator that focusses on helping duty-holders do what is proportionate to the risks, including rooting out over-compliance." To support this and "increase fiscal transparency", the regulator's finances would be split into four categories: • Supporting work health and safety practice • Enforcing work health and safety compliance • Authorising and monitoring work health and safety activities • Energy safety WorkSafe's other functions identified in the law would become secondary, with Van Velden saying this would help it "articulate the cost and effectiveness of its activities". The moves were prompted in part by feedback from businesses, collected during a series of roadshow meetings in 11 towns and cities and over 1000 submissions provided in response to a discussion document consulted on over five months. "For too long, businesses and employers have asked for more guidance and help from WorkSafe on how to comply with health and safety legislation, only to be told it's not WorkSafe's job," van Velden said. "WorkSafe has started slashing outdated guidance documents from its website and will be updating guidance where necessary. Fifty documents have already been removed and more will follow. These documents were identified as being no longer relevant, nor reflecting current practice and technology, or containing content that is covered by other more up-to-date guidance." Her Cabinet paper stated the changes would also "help address concerns heard during the consultation that WorkSafe may be underfunded" by making clearer where its resources were being spent. She confirmed the changes would not come with any new funding. "No, there won't be any new funding. I've heard from people who have suggested there does need to be new funding, and I disagree ... WorkSafe has been funded well, but it's very difficult to find where exactly that money is going within WorkSafe," she told RNZ. "It's been very clear over a number of reviews into WorkSafe over the years that they have not been structuring their appropriation correctly. They got into a very big deficit. They've now pulled themselves out of that deficit and are in surplus. But there are still many, many questions as to, where are they spending that money." Her letter to the board set out an expectation the regulator would foster the use of Approved Codes of Practice. WorkSafe would need to provide advice to industries on how to develop and submit these for ministerial approval, while also conducting its own and starting new ones in industries "where there is no clear industry body representation". "While most future ACOPS will be industry-led, I still expect WorkSafe to develop ACOPs where appropriate." WorkSafe would also be expected to strengthen its oversight of other regulators, including "comprehensive monitoring of the third parties framework and addressing stakeholder concerns about inconsistent interpretations by third party certifiers". She expected cultural change to be reflected in its new statement of intent due out in October. Legislative change would be included in a Health and Safety at Work Reform Bill to be introduced later this year. In a statement, a WorkSafe spokesperson said it was working closely with the government on the changes. "We are well placed to deliver on the minister's expectations, via our new strategy and new leadership. WorkSafe is concentrating on the sectors where the most serious harm occurs - agriculture, forestry, construction and manufacturing - and on well-known causes of harm such as vehicles, machinery, working at height and harmful exposures. "Our Statement of Performance Expectations, due out in the coming weeks, will outline our strategic direction, budget, activities, and performance indicators for the 2025-26 year. Our most recent Impacts and Effectiveness Monitor report found 75 percent of businesses surveyed identified health and safety improvements due to their interactions with WorkSafe."

Tanning shop owner jailed after girl, 15, fainted on sunbed and was badly burned
Tanning shop owner jailed after girl, 15, fainted on sunbed and was badly burned

Metro

time24-04-2025

  • Health
  • Metro

Tanning shop owner jailed after girl, 15, fainted on sunbed and was badly burned

A tanning salon owner has been jailed after a teenage girl fainted on a sunbed and suffered horrific burns which left her feeling suicidal. The 15-year-old visited Abyss Tanning Studio in Linthorpe Road, Middlesbrough, in June 2022 and was allowed to use a sun bed for the second time in two days without checks on her age or skin type. But she fainted eight minutes into a 14-minute session and lay against tanning tubes which were insufficiently protected. She suffered severe burns to her face, shoulder and legs that needed plastic surgery and have left her with permanent scarring. Owner Ryan Sihra was jailed for 20 weeks at a hearing at Teesside Magistrates' Court where he admitted two charges under Health and Safety at Work legislation. He admitted failing to carry out statutory age and safety checks. The tanning bed did not have an emergency cord for customers to pull. In a victim impact statement, the teenager described feeling suicidal. She said: 'When I came out of the sunbed, I knew by my younger sister's face that I was going to need to go to hospital for treatment, but I could not know that the treatment would last three years and it is still not complete. 'I must live with this scar for the rest of my life and the toll it has taken on me can't even be articulated.' Outside court, her mother added: 'We are grateful for the hard work that has been done by the Environmental Health and Trading Standards teams and that the trader has finally accepted responsibility. More Trending 'It goes some way towards her recovery.' Councillor Janet Thompson, Middlesbrough Council's Executive member for Neighbourhoods, said: 'It's all too easy to take tanning salons for granted, and to assume they're safe because those running them know what they're doing. 'This dreadful case is a timely reminder of how badly wrong things can go when the owners of such establishments show a cavalier and reckless disregard for the law and for people's safety.' Get in touch with our news team by emailing us at webnews@ For more stories like this, check our news page. MORE: Controlling man who strangled partner when she tried to leave him guilty of murder MORE: Chainsaw-wielding man goes on strange spree killing trees worth $347,000 MORE: Woman 'illegally aborted baby then took foetus to hospital in a backpack'

Tanning studio owner is JAILED after teenage girl fainted in sunbed and was left with horror burns on her face and body
Tanning studio owner is JAILED after teenage girl fainted in sunbed and was left with horror burns on her face and body

Daily Mail​

time24-04-2025

  • Health
  • Daily Mail​

Tanning studio owner is JAILED after teenage girl fainted in sunbed and was left with horror burns on her face and body

A tanning salon owner has been jailed after a teenager fainted in a sunbed and was left with horror burns on her face and body. Gruesome images released by a council show the 15-year-old's severely blistered skin with the injuries leaving her scarred for life. The schoolgirl had in June 2022 fainted eight minutes into a 14 minute session at Abyss Tanning Studio, in Linthorpe Road, Middlesbrough, and lay against tanning tubes which were insufficiently protected. It was the teen's second visit in two days without any checks on her age or skin type having been carried out. Owner Ryan Sihra, 26, was jailed for 20 weeks at a hearing at Teesside Magistrates' Court, Middlesbrough Council said. He admitted failing to carry out statutory age and safety checks. The tanning bed did not have an emergency cord for customers to pull. The girl suffered severe burns which required plastic surgery. She is still receiving treatment three years later. In a victim impact statement, the teenager described feeling suicidal. She said: 'When I came out of the sunbed, I knew by my younger sister's face that I was going to need to go to hospital for treatment, but I could not know that the treatment would last three years and it is still not complete. 'I must live with this scar for the rest of my life and the toll it has taken on me can't even be articulated.' Outside court, her mother added: 'We are grateful for the hard work that has been done by the Environmental Health and Trading Standards teams and that the trader has finally accepted responsibility. 'It goes some way towards her recovery.' Councillor Janet Thompson, Middlesbrough Council's Executive member for Neighbourhoods, said: 'It's all too easy to take tanning salons for granted, and to assume they're safe because those running them know what they're doing. 'This dreadful case is a timely reminder of how badly wrong things can go when the owners of such establishments show a cavalier and reckless disregard for the law and for people's safety.' Shira, of Harrogate Crescent, Middlesbrough, admitted two charges under Health and Safety at Work legislation.

Paddleboard guide jailed for 10 years over deaths of four people in Wales
Paddleboard guide jailed for 10 years over deaths of four people in Wales

Yahoo

time23-04-2025

  • Yahoo

Paddleboard guide jailed for 10 years over deaths of four people in Wales

A former police officer has been jailed for 10 years and six months after leading a paddleboarding expedition on a rain-swollen river that ended in four people losing their lives. Nerys Lloyd, 39, pleaded guilty to four counts of gross negligence manslaughter and a Health and Safety at Work offence over the tragedy on the River Cleddau in Haverfordwest, south-west Wales. Morgan Rogers, 24, Nicola Wheatley, 40, Andrea Powell, 41, and Lloyd's co-instructor Paul O'Dwyer, 42, a former soldier, died in October 2021. Mrs Justice Stacey told Swansea crown court she would be released no later than two-thirds of the way through her sentence and the remainder would be served on licence in the community. The judge told Lloyd the group had put its trust in her but she had failed to check the state of the weir and it would not have been possible for a paddleboard to navigate the structure when the current was so strong and volume of water so large. Stacey said that after falling from their boards, the party was caught in a 'hydraulic spin', comparing it to a washing machine. She highlighted that none of the participants had the right sort of paddleboard leash for the conditions they faced – they had ankle leashes rather than quick-release waist ones. Stacey said that as a firearms officer and an RNLI volunteer Lloyd should have been 'well versed' in health and safety issues. 'You knew what you should do but failed to do it.' In a statement to the judge, Lloyd said she took 'full blame' for the failures but David Elias KC, for the defendant, said the plan had not been for the party to go over the weir but get out and walk around it. The judge disagreed this had been the plan – otherwise she would have told the group this was what was going to happen. 'There was no clear plan to walk around,' the judge said. Stacey said Lloyd had painted a 'false narrative' of what happened and tried to 'disproportionately' blame O'Dwyer for the tragedy. 'You were the owner [of the paddleboard business]. He lost his life trying to save others,' the judge said. During an emotional two-day sentencing hearing at Swansea crown court, relatives of the victims claimed Lloyd was arrogant to guide the group despite the stormy conditions and her lack of expertise, and said she had shown no remorse over her failings. Lloyd, who had been at the front of the party, managed to navigate a weir in the river by shooting through a fish ramp. But other participants fell from their boards after plunging 1.3 metres over the weir. The court heard almost 2 tonnes of water was crossing a 1 metre-wide section of the weir crest every second. O'Dwyer scrambled out but died after going back into the water to try to save the others, who were all described as either beginner or intermediate paddleboarders. The court heard that Lloyd was suspended from South Wales police at the time of the tragedy after accepting a caution for a fraudulent insurance claim involving a vehicle. She had advertised the River Cleddau trip on Facebook for £149 a person to include overnight accommodation and supervision by two 'fully' qualified instructors. But Lloyd did not carry out risk assessments or obtain next-of-kin details for the victims – leading to a delay in contacting some family members, the court heard. The incident led to calls for regulations around paddleboarding to be tightened. Darren Wheatley, the husband of Nicola Wheatley, said: 'Losing Nicola has devastated our family and two young children lost their mammy. 'Nicola died in circumstances that were completely avoidable and should not have happened. Decisions made by Nerys Lloyd, and only Nerys Lloyd, led to the four lives lost. 'Any sentence served by Nerys in prison will never ease the pain of losing Nicola, and our lives will never be the same again.' One woman who was part of the group but survived, Melody Johns, told the court: 'Paddleboarding is largely unregulated and boards are still being sold without quick-release leashes that can save lives. Many people are continuing to buy boards without much thought about safety. Something needs to change.'

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