NEW ZEALAND GAZETTE

No. 41

(d) has appropriate policies and procedures in place to prevent work-related personal injuries; and

(e) has adequate resources, policies, and procedures in place to manage work-related personal injury claims; and

(f) has adequate resources, policies, and procedures in place to promote and manage rehabilitation; and

(g) has adequate procedures in place to fulfil the reporting requirements in section 326H; and

(h) is solvent and able to meet its expected financial and other obligations in relation to work-related personal injury claims; and

(i) has consulted with the employer’s employees and any representatives of those employees about the employer’s ability to meet the requirements of paragraphs (a) to (h).

11.3 The Manager, in deciding whether an employer meets the statutory requirements set out in paragraph 11.2, must have regard to the degree that the employer can establish, and can produce evidence of systems and documentation to establish, that:

(a) In relation to s326E(1)(a):

(i) It has active and effective health and safety management systems;

(ii) It has a hazard management plan;

(iii) It has a proper employee information system in place;

(iv) It has appropriate employee training and supervision systems in place;

(v) It has a documented emergency plan in place which is up to date and under which the key personnel are trained and ready;

(vi) It has policies and procedures in place to ensure that all employees (with appropriate involvement and resourcing by their union), have the opportunity to be fully involved in the identification and management of all workplace hazards;

(vii) It has appropriate procedures for incident and accident reporting, recording and investigation, including on site accident registers;

(viii) It has a process to ensure health and safety procedures are monitored, reviewed and evaluated; and

(ix) Its experience in relation to accidents over the previous 3 years (or shorter period where appropriate) substantiates the effectiveness of the foregoing systems and procedures.

(b) In relation to s326E(1)(b):

(i) It has occupational health and safety policies and procedures incorporating the matters referred to in subparagraph (a);

(ii) The policies and procedures include a commitment to comply with all relevant legislation, regulations, codes of practice and safe operating procedures;

(iii) The policies and procedures are current and have been reviewed within the 12 months preceding the application;

(iv) The policies and procedures have been endorsed by the Chief Executive or other similarly senior executive;

(v) It has a process in place to keep the policies and procedures up to date;

(vi) The policies and procedures ensure that appropriate health and safety information is available to all employees;

(vii) There is proper induction training on health and safety matters for new employees;

(viii) The policies and procedures provide for ongoing employee input from each main business area;

(ix) It does, and can effectively, investigate accidents and incidents; and

(x) It does, and can, take corrective action where hazards are identified.

(c) In relation to s326E(1)(c):

(i) It has documented policies and procedures in place that provide a supportive work place environment such that rehabilitation (both social and vocational) after injury is the usual course of action wherever possible, and, to the extent relevant, this has worked in practice in the past;

(ii) Those policies and procedures provide for ongoing personal and direct involvement by the employer in the management of any claims by employees for work-related personal injuries; and

(iii) Those policies and procedures recognise the employee’s need for support, advice and representation from the employee’s union or other nominated representative.

(d) In relation to s326E(1)(d):

(i) In addition to the matters under subparagraphs (a) and (b), it has ensured and will ensure:

• that all employees are regularly informed about, and understand, their responsibilities for the health and safety of themselves and others;

• that the development, implementation and observance of healthy and safe systems of work is the overriding priority for the employer; and

• that the employee should not undertake the work if it cannot be done within agreed safe systems of work.

(e) In relation to s326E(1)(e):

(i) It has developed and will implement policies and procedures that comply with the Act for making decisions as to the statutory entitlements of employees suffering work-related personal injuries;