Supervisor responsibility can be confusing to some. Prior to the new Health and Safety at Work Act 2015 being legislated in April, we all heard the scaremongering which was rampant in the media and at the forefront of everyone’s minds.  The most commonly discussed scenario was that of School Principals, who were led to believe that they would be culpable for incidents at their schools.  Children were banned from climbing trees; and up and down the country, lawyers and banks were registering Trusts and developing plans to protect Principals from losing their savings and property.  People were genuinely scared.

Accountability

On several recent occasions we’ve heard of instances where a Director or Manager of a company has told a Supervisor or Foreman that safety is their responsibility, and they would be held accountable in the event of an incident occurring.  Just like the fear generated amongst the Principals at the beginning of the year, we are now seeing the same worries within the building and construction industry where Workers (and especially Supervisors) are concerned that the company will use them as a scapegoat on which to apportion blame.  So should Supervisors be concerned about safety? Of course. Everyone should be concerned about safety.  But they shouldn’t be accepting what they’ve been told as gospel.

Previously, the liability of Directors for breeches of safety was secondary to that of the company.  Under the new Health and Safety at Work Act 2015, Officers (being in a simplified perspective, Directors or Partners in a company) are now charged with Due Diligence, and the responsibility to ensure the PCBU undertakes its Primary Duty of Care.  Officers are persons who are in a position which exercises significant influence over the management of the business.  Interestingly, this Duty of Care cannot be delegated or transferred to another person.  A PCBU can seek cover with insurance policies, but these only cover defense costs and reparations – any fines imposed for a breach of the Act are uninsurable, and are the responsibility of the PCBU.

So as a Supervisor, are you an Officer? No. Unless you are a Director or Partner, hold a place on the Board, or are otherwise in a position which holds influence over how the business is operated, you are a Worker. Within the companies’ operational hierarchy, you may hold a position which is senior to others or which requires you to oversee their day to day operations, but under the Health and Safety at Work Act 2015, you are not an Officer of the PCBU.

That said, there are collective responsibilities, and because you are not an Officer it doesn’t completely discharge you from all responsibility. As a Worker you have an obligation to take reasonable care of your own health and safety, and make sure that your actions (or inactions) don’t create a risk or harm to anyone else. 

What to do as a Supervisor

So in a practical sense, what does this mean for you as a Supervisor? Functionally, you are the link between those that you oversee and the Company. 

To contribute to the overall wellbeing of the Workers you supervise and the Company you can:

• Lead by example and set standards. Don’t accept poor habits and housekeeping on your site, and practice what you preach.
• Engage with both the PCBU and the Workers you supervise. Make sure the Primary Duties are met, and that you and your colleagues have been given the skills and knowledge needed for the jobs they are assigned, including the PCBU’s Policies and Procedures.
• Keep evidence of inductions and training. This means completing Worker Induction Checklists, Training Registers, and a Training Matrix which lays out the qualifications held.
• Report risks as they are identified, and participate in finding practical solutions to control the risk.
• Do not turn a blind eye to bad practices (such as not wearing mandatory PPE). This could be considered condoned practice and the ‘norm’ or ‘allowable’ even though the rules state otherwise.

Download your sample copy of a Worker Induction Checklist.

All About People have adopted the hashtag #keepclimbingtrees. Read more about it here…

For more information, contact us on 0800 023789 or email info@allaboutpeople.co.nz

Darren Hodgetts, All About People Fire Safety Specialist