The Ministry of Business, Innovation & Employment has provided useful guidelines for employers who provide Personal Protective Equipment (PPE) to their employees to enable employers to comply with the new Health & Safety legislation which takes effect in April 2016.

Before providing PPE, you should first ask whether there is a better way of dealing with the risk. Can the risk be eliminated? If not, how can you best control the risk?

If PPE is needed, your business is responsible for supplying appropriate PPE. You can do this in two ways – by buying the PPE yourself, or through allowances added to your workers’ pay. The cost of PPE must be covered by the business. Workers must take responsibility for wearing and using it properly.

For more information, see: http://www.business.govt.nz/news/health-and-safety-providing-protective-gear 

If you are concerned about ensuring your business stays compliant with the new legislation, please contact:
Michael Stephens or Alan Henwood at Stephens Lawyers on 04 915 9580

The Health and Safety Reform Bill passed its third reading at parliament yesterday. The Bill creates a new Health and Safety at Work Act.

The Bill is the first significant reform of New Zealand’s health and safety laws in 20 years and addresses the recommendations of the Independent Taskforce on Workplace Health and Safety.

The new law will be supported by regulations that are being developed in time for April 2016.

Until the Act comes into effect in April 2016, the current Health and Safety in Employment Act 1992 remains in force.

Stephens Lawyers will be carefully reviewing the new legislation and providing more comprehensive information on the practical impact of the legislation and steps clients should take in advance of it coming into force on 4 April 2016.

For more information about the new law visit WorkSafe New Zealand’s website

Stephens Lawyers looks forward to attending the 2015 K-Culture Festival: Experience Korea on Saturday, 1 August in Wellington. The Festival is co-hosted by the Korean Embassy in New Zealand, the Korean Association & Wellington City Council at Shed 6 on the waterfront from 11.00am.
Entry is free and visitors have a chance to: enjoy Korean traditional and contemporary performance including K-Pop Competition; taste Korean Food; & experience Korean culture by learning Korean traditional games, making traditional crafts and trying Hanbok (traditional dress).

The Employment Relations Amendment Act 2014 came into effect on 6 March 2015. Here are some of the key day-to-day changes:

1. Flexible working arrangements:

• Employees have a statutory right to request flexible working arrangements that were previously confined to care givers.
• Employees can ask for flexible working arrangements from their first day on the job and as many times as they want.
• Employees can make as many requests as they want.
• Employers must respond to a request within 1 month, in writing and explain any refusal.

2. Rest and meal breaks:

• General rights replace strict rules for employee rest and meal breaks.
• Employers can make reasonable restrictions on rest and meal breaks.
• Employers must provide reasonable compensation where they cannot reasonably give breaks – the employer cannot fail to give either.
• Rest breaks must be paid.
• Any other law requiring breaks takes priority over the Act.

3. Negotiating in good faith:

• Employers and employees are encouraged to negotiate in good faith regarding flexible working arrangements and meal and rest breaks.
• Employers must give an employee relevant information where they are proposing to make a decision that will or is likely to have an adverse effect on the continuation of that employee’s employment i.e. during a restructure or sale of a business.

If you have any questions or would like to take steps to comply please call 04 472 9632 or email richard.chiu@slaw.co.nz

On Monday 1 December 2014 the drink driving limits in New Zealand for adults over 20 years of age will drop from 80 mg to 50 mg per 100 ml of blood. The limit for drivers under 20 years of age remains zero.

The new limits are very clear and bring New Zealand in line with other countries, including Australia.

In practical terms, over a 2 hour period:

• The average male could drink between 3 and 6 standard 330 ml bottles of beer.
• The average female could drink between 1.5 and 2.5 standard 120 ml glasses of wine.

We note this can differ considerably between persons of differing size, gender, build and metabolism.

Penalties and Consequences:

• A positive test between 50 mg to 80 mg will receive a civil infringement fine of $200 and 50 demerit points.
• Those found above 80 mg will face court charges and likely criminal sentences.
• If you exceed 130 mg your licence will be automatically suspended for 28 days.
• 100 or more demerits points results in your license being suspended for 3 months.

Please don’t get caught out this Christmas or any time in the future!