IN THIS ISSUE

1) Land Transport (Road User) Amendment Rule 2009
2) Managing Contractor Risk
3) Safety Data Sheets
4) Recent Department of Labour Prosecutions
5) Latest Department of Labour Hazard Alerts / Hazard Management Bulletins
6) That’s Got to Hurt!

1) Land Transport (Road User) Amendment Rule 2009

On the 1^st November 2009 the Land Transport (Road User) Amendment Rule 2009 will take effect including the ban on the use of hand-held mobile phones while driving.

Several exceptions to this ban:

• The driver must not hold or manipulate a phone while driving unless the phone is completely voice activated
• The mobile phone is securely mounted to the vehicle and the driver manipulates the phone infrequently and briefly (two way radios are allowed)
• Driver’s may use their mobile phones when the vehicle has stopped – excluding when it is stopped in traffic (including traffic lights)
• A 111 call in a genuine emergency is allowed
• The prohibition will not apply to enforcement officers

Under no circumstances are drivers allowed to create, send, or read text messages under the new rule. Penalties for breaching the rule include an $80 fine and 20 demerit points.

Many businesses rely on communicating with colleagues and clients using mobile phones and / or blackberries while out of the office.

As Employers, all practicable steps to ensure the safety of their Employees while at work must be made including maintaining a safe work environment and dealing appropriately with workplace hazards. The law clearly states an employee’s “place of work” will include any vehicle in which they perform their work duties. The use of a mobile phone or equivalent while driving will be considered a Hazard under the new rule. As a result Employers are expected to take all practicable steps to ensure Employees comply with the ban on mobile phone use while driving.

We encourage Employers to ensure their Employees who drive as part of their job are made aware of and understand the law change. Compliant hands-free devices or alternative arrangements need to be arranged for Employees who are required to use a mobile phone while driving. Even though the use of hands-free mobile phones is allowed, we recommend drivers minimise their distraction. This includes turning phones off while driving, or pulling over to make or receive calls. Employers should not encourage any violation of the new rule, for example, employees who are known to be driving and who don’t have compliant hands free arrangements should not be phoned.

Your workplace ‘Motor Vehicle Use Policy’ will need to be amended to comply with the new rule. Employers must include a specific ban on mobile phone use to comply with the law should state that if a fine is incurred it is the employee’s responsibility to pay and they must notify their Employer of any instances of a breach of the new rule.

If an employee uses their mobile phone while driving their Employer may be justified in beginning disciplinary action. However, this depends on the circumstances. The Employer will need to prove that any disciplinary action taken was what any fair and reasonable Employer would have done in any situation. Such situation includes how the Employer has clarified their expectations with regard to mobile phone use and the consequences of non-compliance.

If you have any queries concerning the Land Transport (Road User) Amendment Rule 2009 please contact either your local Safety Consultant or Securo Head Office.

Drivers should also be aware of several other changes in the Road User Rule. Further information is available at http://www.nzta.govt.nz/publications/road-user-amendment-2009/index.html

2) Managing Contractor Risk

Establishing Procedures for Controlling the DoL Performance of Contractors

Many Occupational Safety & Health problems [incidents & accidents] arise from the actions/inactions of outside contractors. Contractors frequently enter company facilities to modify, renovate or maintain mobile plant, buildings or systems and to provide administration, catering, entertaining and other services.

Generally a proven rule is to say that any contractor entering your premises will raise the level of Risk Exposure for all site staff, including the contractors’.

Note: Unless using a well-proven contractor, always follow a formal checking and induction process closely. Always document the hazard identification and risk assessment process and get contractors to countersign all documents.

Establishing Occupational Safety & Health [DoL] Standards for Contractors

Contractor Control consists of six main processes:

• Evaluate previous DoL performance when selecting contractors
• Incorporate DoL requirements in all tenders and contracts
• Verify DoL requirements with contractors before work commences, by formal induction
• Conduct inspections of worksite, contractor’s plant, equipment and work practices
• Conduct Annual or Post Contract Review of all contractors
• Use a Contractor's Register & Code of Behaviour to log activities

Organisations must write clear procedures for their own staff and for contractors.

It is a good idea to produce a simple Contractors’ Handbook.

The following Contractor Control processes will require forms such as:

• Contractor’s Questionnaire
• Contractor's Contract
• Contractor’s Site Hazard Identification
• Permit to Work for: Confined Space, Height Work & Hot Work
• Contractor's Register [Log of activities, sign-in ~ sign-out]
• Contractor's Code of Behaviour
• Contractor’s ~ Post Contract Review

Contractor Vetting

The vital first step in managing the potential risk posed by contractors is to screen out those not competent to carry out required projects and tasks.

The person responsible for Contractor Control and/or Purchasing must ensure the initial evaluation and vetting of potential contractors. Sometimes contractors are competent to undertake their core activities but are also tempted to tender for other work where they lack experience. It is important therefore to thoroughly check the current experience of potential contractors, the actual Employees who will be working on your contract and their previous record and reputation by reference checking with several of their current customers.

Contractor selection: Vetting previous DoL performance

It should be company policy that contractors must provide proof of their ability to work to legal standards, as well as to a high quality DoL standard. This includes providing proof of relevant registration and certification documents e.g. registered: electrician, plumber, drain layer, gasfitter. Certified: first aider, construction supervisor, fork-hoist driver etc

Also competency certificates for scaffolding, confined space work, height work, etc

Company membership of a relevant industry body also confirms knowledge about a contractor and there may be a complaints procedure for disputes e.g. master builders, master electricians etc that will be helpful if needed.

A Contractor evaluation should include a review of information supplied by a contractor,

Such as:

• Accident frequency and severity rates for the previous 12 months;
• Injury compensation insurance premium and rehabilitation experience;
• DoL policies, standards and rules;
• Example of Permit to Work forms and procedures such as: Height Work, Confined Space, Hot Work etc
• Examples of Standard Operating Procedures [SOP’s] or Task Instructions; and,
• Any other H&S activities carried out by the contractor to protect people, property and the environment.

Purchasing should incorporate DoL requirements in all pre-tenders and contract documents, including public liability insurance to level of risk exposure.

Verify the H&S requirements with contractors, both at the tender/quote stage and before they start any work.

Samples of a detailed H&S management plan for the life of the contract, should include:

• DoL systems and operational plans;
• Company Health & Safety Policy;
• Management and employee responsibilities defined and authority for supervising DoL standard operating procedures [sops];
• Personal Protective Equipment [PPE] to be used;
• Training plans (induction and task specific);
• Mishap and hazard reporting, investigation and control [serious harm reporting];
• Injury/illness management including resources and rehabilitation process;
• Inspection and maintenance methodology;
• Emergency response plans;
• DoL communication process [tool box topics, newsletters, meetings];
• A system for auditing performance against the plan; and

If all Employers follow the above advice then you will Control Your Contractors more effectively.

If you need assistance with managing your contractors please contact your Securo Safety Consultant or us here at Securo head office.

Article provided by David Calvert, Securo Health & Safety Consultant

3) Safety Data Sheets (SDS)

Safety Data Sheet (SDS), (formerly known as Material Safety Data Sheet or MSDS) is a form that contains data regarding the composition of a particular substance. These forms are a crucial component of workplace safety. The purpose of these forms is to provide Workers, Health & Safety Co-ordinators, Managers and Senior Managers with procedures for handling or working with that substance in a safe way. The forms should include information such as physical data, toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill handling procedures.

New Zealand has a Code of Practice for the Preparation of Safety Data Sheets (SDS); this has been prepared to enable compliance with the relevant requirements of the Hazardous Substances (Identification) Regulations 2001, Hazardous Substances (Emergency Management Regulations 2001, and the Hazardous Substances (Disposal) Regulations 2001. It may also be used to address the information requirements of section 12 of the Health & Safety in Employment Act 1992.

For further information about Safety Data Sheets please contact your Securo Safety Consultant, Securo head office or click on the Department of Labour links below:

http://www.osh.govt.nz/order/catalogue/69.shtml

http://www.osh.govt.nz/order/catalogue/pdf/moshh-ac.pdf

4) Recent Department of Labour Prosecutions

5) Latest Department of Labour Hazard Alerts / Hazard Management Bulletins
- (previously known as Incident / Accident Alerts)
For more details see DoL website: http://www.DoL.govt.nz/order/catalogue/522.shtml

6) That’s Got to Hurt!

Each issue we feature a safety related photo. Just for fun we'd like to receive your ideas for an appropriate caption. We will publish the best caption received in the next issue. Good luck!

Please send your captions to secteam@securo.co.nz Re: That’s Got to Hurt, or fax them to 09 307 3360

Previous Months Photo:

Winning Caption:

"I know I dropped my safety glasses somewhere down here!”

Steve Newland

Dotmar Universal Plastics

This month’s Photo: