Health and safety | Buddle Findlay

Overview

We understand the legal framework

The Health and Safety at Work Act 2015 overhauled New Zealand’s health and safety regulatory infrastructure. It increased focus on health and safety, in particular stronger senior leadership accountability, increased sanctions, and worker engagement requirements – all intended to improve health and safety culture.

Our in-depth understanding of this legislation enables us to help you address the requirements and provide bespoke advice.

We have the skills and experience to manage your health and safety cases

Our experienced health and safety team is well equipped to support clients with:

Advising on compliance with the Health and Safety at Work Act 2015, and associated regulations, codes of practice and other guidance
Advising employers on health and safety prosecutions following workplace accidents - including representing the employer and employees in interviews and investigations by WorkSafe, and defending prosecutions brought by WorkSafe
Providing advice on accidents and investigations, facilitating communications with the regulators, and helping clients avoid prosecution
Drafting and revising workplace policies and strategies, including harassment, bullying and stress, and drug and alcohol use
Training and easy to use guidelines on risks, obligations and best practice to health and safety professionals, employers, senior managers and employees
Working with employers on health and safety claims raised as personal grievances, particularly bullying, harassment and stress-related claims. These cases can be complex as they often date back many years and can be time-consuming, costly and disruptive for employers if they are not managed well. We also undertake independent investigations in this area
Advising on broader health and safety matters involving other relevant legislation, such as advising on earthquake prone buildings and the interaction between health and safety and building legislation.

Market recognition

"Their strong client focus means they are always flexible and ready to meet our needs and timeframes." - Chambers Asia-Pacific

"The team at Buddle Findlay has ‘business acumen’, and provides ‘tactical advice when dealing with urgent situations’." - Legal 500 Asia-Pacific

Experience

Sector/Expertise

Work highlights

Industrial business

We assisted an industrial business to respond to a fatal workplace accident including assisting with a comprehensive internal investigation, advising on possible liability and assisting the business with its response to WorkSafe's investigation, and communications with the media, family members, the Coroner and Police.

Advice on obligations

We have advised employers on their obligations in general terms and with specific reference to certain activities, such as the operation of dams and airstrips, the engagement of contractors, and inherently dangerous activities such as electricity generation, health services, construction, mountain guiding and professional sports.

Manufacturing client

We acted for a manufacturing client in WorkSafe's new Duty Holder Review process following a workplace accident.

Tertiary institution

We have provided detailed guidance outlining how a tertiary institution's Council and Leadership teams could prepare for upcoming changes to health and safety legislation.

Aviation services supplier

We defended an aviation services supplier against a claim of unjustified dismissal on the basis that the former employee had breached health and safety expectations.

Sky Television

We acted for Sky Television in an appeal to the District Court seeking the rescission of an improvement notice.

A power company

We advised a power company after a serious accident and prior to that a formal investigation by WorkSafe.

Prosecution

We defended an employer in a prosecution by Maritime New Zealand.

Energy sector

We provided training and easy-to-use guidelines for energy sector senior executives, operations managers and staff on their legal obligations and best practice.

Coronial inquests

We have represented clients in relation to coronial inquests, including representing a Crown entity in the Coroners Court in relation to a work related death.

Bullying/stress claim

We defended a large employer in a bullying/stress claim in the Employment Relations Authority.

Health and safety guide

We developed a health and safety guide for a large private company, discussing examples from recent case law on penalties, responsibility of supervisors, places of work and liability of principals.

Clubs New Zealand

We collaborated with Ministry of Health officials in advising Clubs New Zealand concerning the smoke-free environment legislation.

Presenting on health and safety issues

We have presented on health and safety issues at Institute of Directors courses, to members of the Employers and Manufacturers Association, and at other national and regional conferences.

A Crown agent

We advised a Crown agent on its Health and Safety duties in relation to a complex workplace bullying investigation involving multiple employees and cross-complaints.

Our team