Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Occupational Safety and Health Convention, 1981 (No. 155) - New Zealand (Ratification: 2007)

The Committee notes the observations of Business New Zealand and the New Zealand Council of Trade Unions (NZCTU) communicated with the Government’s report. It also notes the Government's responses to these observations.

Articles 4, 8 and 15(1) of the Convention. Consultation with the most representative organizations of employers and workers on occupational safety and health policy. With regards to the national occupational safety and health (OSH) policy, the Committee notes the observations of Business New Zealand in which it welcomes the Government's initiative to prioritize the review of the effectiveness of the legislative framework due to an insufficient improvement in the incidence of workplace-related illnesses and injuries.

It also notes the observations of NZCTU stating that the Minister for Workplace Relations and Safety has continually refused to engage in dialogue with the NZCTU on national OSH issues and that as a result, it has been difficult for workers' representatives to receive clarification from the Minister on decisions regarding national OSH policy. The Committee further notes the Government's response to the NZCTU's observations stating that it is committed to meeting with a wide range of stakeholders to inform policy decisions and hear diverse points of view. The Committee requests the Government to provide information on the review of the OSH legislative framework in consultation with the representative organizations of employers and workers concerned. In this regard, it requests the Government to provide information on the consultations held with employers' and workers' organizations, the outcome of these consultations and the measures adopted.

Article 9. Enforcement and system of inspection. The Committee notes the observations of the NZCTU expressing concern regarding a reduction in the national capacity on health and safety. The NZCTU indicates that WorkSafe New Zealand has not received sufficient funding and that it underwent a significant restructuring where many roles were eliminated. The Committee notes the reply of the Government that the strategy of WorkSafe NZ outlines its role as primary health and safety regulator within the health and safety system, and where it focuses its efforts and resources with a view to achieving the biggest impact. The Government also provides information on WorkSafe’s activities to give effect to its statutory functions. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to provide information on the enforcement of OSH laws and regulations and the activities of WorkSafe NZ.

Articles 19 and 20. Right of workers and their representatives at the enterprise level. Cooperation between management and workers. Following its previous comments, the Committee notes the Government’s indication that the Health and Safety at Work Act of 2015 (HSWA) was amended in 2023 to remove exemptions for small, lower-risk businesses from the requirements to initiate elections of health and safety representatives and to establish health and safety committees. The Government indicates that pursuant to the amendments, businesses will be required to initiate an election for health and safety representatives or to establish health and safety committees at the request of workers (sections 62(1) and 66(1) of the HSWA). The Government further indicates that WorkSafe New Zealand updated its guidance, resources, and website content to educate workers and businesses about these changes, and engaged with businesses and health and safety system stakeholders, as well as health and safety representatives and committees through an online communication channel. In this respect, the NZCTU states that it is supportive of the legislative changes that enable worker representation in businesses with less than 20 workers. The Committee takes note of this information.