The Government’s Health and Safety at Work Amendment Bill proposes changes aimed at reducing compliance burden, improving clarity for businesses, and sharpening the focus on preventing death and serious harm through better critical risk management.
FICA supports the overall intent of the Bill. Forestry contracting businesses already operate in one of New Zealand’s highest risk sectors and have long prioritised critical risks through mechanisation, system redesign, competency frameworks, strong supervision, and widespread adoption of the Forestry Approved Code of Practice (ACoP). In many respects, the Bill reflects existing contractor practice rather than a new direction.
However, FICA’s submission highlights several areas where the Bill, as currently drafted, could create unintended consequences for forestry contractors.
Key Issues for Contractors
Defining “Critical Risk”
The Bill defines critical risk largely by likelihood of serious harm. FICA argues this does not work well in high risk industries where many hazards occur infrequently but have catastrophic consequences. Tree felling, machine rollovers, cable systems, and log loading remain critical regardless of how often incidents occur. FICA has recommended a definition that better reflects both likelihood and severity, supported by industry led clarity endorsed by WorkSafe.
The Proposed “Small PCBU” Category
The Bill proposes reduced obligations for businesses with fewer than 20 workers, requiring them to manage only critical risks. This is a major concern for forestry, where most contractors operate small, specialist crews but face significant risk exposure. FICA cautioned that lowering expectations for small PCBUs could weaken safety outcomes, create inequity between workers, and undermine existing good practice. Many common injuries arise from hazards linked directly to critical risk sources.
Approved Codes of Practice (ACoPs)
FICA strongly supports giving the forestry ACoP safe harbour status. The ACoP provides clear, practical, nationally consistent guidance developed with contractors. FICA emphasised that this consistency will only be effective if additional site-specific rules do not override or complicate the ACoP.
What Happens Next?
The Bill is progressing through the select committee process, where submissions are reviewed and possible amendments considered before returning to Parliament. FICA will continue advocating to ensure contractor realities are reflected in the final legislation.
Likely Outcome for Contractors
Critical risk management will remain central. Contractors with robust systems aligned to the ACoP and current best practice are well positioned. The final treatment of small PCBUs and critical risk definitions will be key to whether the Bill delivers clarity without weakening safety.
FICA will keep members informed as the Bill progresses.
