Seismic safety: Health and safety at work governance 

We’ve all seen the tragic and devastating impacts of the earthquake in Turkey and Syria in the past few days.  It brings back memories of the Canterbury earthquakes for which we will see the anniversary this month.

We’re also reminded of our director duties in a forthcoming paper by academics, Dr Nadia Dabee (Auckland University) and Dr Toni Collins (University of Canterbury). The article points to some potential inconsistences between the Building Act and Health and Safety at Work Act requirements as implemented by WorkSafe.

There are two key issues raised in the paper that are relevant to directors:

• WorkSafe may have created uncertainty with its 2018 guidance about buildings and earthquakes, suggesting that those buildings not declared earthquake prone by a Council under the Building Act 2004 may need to be assessed for seismic soundness by organisations (and by implication their boards) to ensure they take a proactive approach to ensuring the safety of the building and, therefore, the staff working in those buildings.
• For earthquake prone buildings, the Building Act requirements on owners are lower in terms of risk than the proactive approach mandated by the Health and Safety at Work Act 2015 and organisations should strive for a higher workplace health and safety standard.

Papers like this are helpful on one hand as they help to raise issues that directors and management of organisations may not have thought of. On the other hand, they are less helpful unless directors and their advisors look at the material referred to in articles like this.

WorkSafe's 2018 Policy Clarification on this matter referred to in the paper contained the following key points:

• If you’re a PCBU who owns or occupies an earthquake-prone building and you’re meeting the earthquake performance requirements of the Building Act 2004, we are not going to enforce to a higher standard under the Health and Safety at Work Act 2015 (HSWA).
• If you’re not doing what you should be doing under the Building Act, the best agency to intervene will be the local council.
• If you’re not doing what you’re supposed to be doing under the Building Act and someone is harmed, WorkSafe New Zealand may intervene under HSWA.
• We expect you to proactively manage risks arising from objects in and around workplace buildings on a regular and ongoing basis.
• You need to keep on top of new or emerging information and ensure that your workplace is prepared to deal with an earthquake.

On this basis directors and boards, and their senior managers, as “officers” under the Health and Safety at Work Act 20215 need to:

• Assure themselves that if their organisation owns or occupies an earthquake prone building that performance standards under the Building Act 2004 are being met, at a minimum.
• Assure themselves during board discussions around risk management and business continuity policies that risks from parts of buildings (eg ceilings) and furniture are addressed, as are procedures for when an earthquake strikes.
• Reach out to other boards and directors to test policies, approaches and thinking about earthquake preparedness and see expert advice. This is consistent with “board agility” highlighted in our Top 5 issues for directors in 2023.