A8 Feedback from external providers on Covid Risk assessment 2 November 2021.pdf

External Health and Safety Expert Review
Stats NZ’s COVID-19 Health and Safety Risk Assessment

1. Introduction
ACT

Stats NZ Team Leader – Health, Safety & Wellbeing, People & Culture, Elmie Botha requested Jeena
Murphy, Prof NZISM, from Working Wise Ltd to undertake a review on their COVID-19 Health and
Safety Risk Assessment as an external health and safety expert.

The brief was to verify Stats NZ’s Risk Assessment and logic against the:
•  MOH guidelines
INFORMATION
•  Public Health Act 2020 with its two orders for Vaccination and Testing
•  Public Service Commission Guidance
•  WorkSafe NZ guidance on risk assessment
•  Other relevant legislation and guidance.

OFFICIAL
The brief also included commenting on whether risk assessment was fit for purpose to present to
Stats NZ Legal and the PSA Union as a case to state that the activities outlined in the risk assessment
THE
create health and safety risks in relation to Covid 19 and employees do need mandatory vaccinations
and testing.

1.1 Documents provided by Statistics NZ
UNDER

•  ELT Memo – Risk Assessment Covid 19 Vaccinations (draft v1 and v2)
•  Copy of Covid combined census field risk assessment (EXCEL doc)

2. Risk Assessment
RELEASED

Overall, the risk assessment methodology is sound in the light of the announcement for businesses
to use a risk assessment model to assess risks for business mandated vaccinations related to roles.

In the absence of the COVID-19 Protection Framework announced by Minister for Workplace
Relations and Safety Michael Wood, workplaces are directed to WorkSafe NZ Guidance and risk
assessment process, that focuses on how to decide what work requires a vaccinated employee.

On 26 October the Government announced that a new risk assessment process will be
introduced under public health legislation later this year. This guidance helps employers
make a risk assessment under HSWA in the interim and provides our interim enforcement
approach.  WorkSafe NZ: 27 October 2021

2.1 Role vs Task

The WorkSafe NZ guidance states:

Your focus in the risk assessment must be on the role – the work being done
– rather than the individual performing the role.

A concern is in both the ELT Memo (draft V1 and V2) and the Covid combined census field risk
assessment (EXCEL) the Statistics NZ risk assessment clearly states it is assessing risk for task and
1
Working Wise Ltd |Level 4, 24 Johnston Street, Wellington 6011 | [email address] | www.workingwise.nz

activity, as opposed to role. This could easily be aligned to WorkSafe NZ’s focus on role by stating
that the tasks are related to field roles and census roles (or appropriate terminology).

2.2  WorkSafe NZ Risk assessment questions not addressed
ACT

These are the risk factors that WorkSafe NZ recommend are considered for during the risk
assessment. Currently they are not clearly addressed. At the end of the ELT Memo (draft v2)
document on Page 11, there is a list of roles. The factors below should be considered for each of
these roles.

On the Covid combined census field risk assessment (EXCEL), comments on some of these factors but
not in a structured way.
INFORMATION

My concern is the COVID-19 risk assessment does not clearly address these questions which are the
basis of the risk assessment at present.

They do need to be addressed as all Government information points back to WorkSafe NZ to provide
OFFICIAL
guidance on how to do this work-related health and safety risk assessment, until the Public Health
Legislation is updated.

THE
A recommendation is adding into the ELT Memo (draft V1 and V2) a section entitled WorkSafe NZ
Risk Assessment Considerations after the intervention logic section.

Consider these risk factors
UNDER
Evidence of Stats Consideration
1
How many people does the employee carrying
Field: Many
out that work come into contact with? (very few
Census:  Many
= lower risk; many = higher risk)

2
How easy will it be to identify the people who the  Field: Easier (booked appts)
employee comes into contact with? (easy to
Census:  Easier (booked appointments)
RELEASED
identify, such as co-workers = lower risk; difficult
to identify, such as unknown members of public =
higher risk)
3
How close is the employee carrying out the tasks
Field: Higher risk as can’t keep 2m distance
in proximity to other people? (2 metres or more
Census:  Higher risk as can’t keep 2m
in an outdoor space = lower risk; close physical
distance
contact in an indoor environment = higher risk)
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How long does the work require the employee to
Field: Higher risk as can be 2 – 3 hours
be in that proximity to other people? (brief
Census:  Higher risk as can be 2 – 3 hours
contact = lower risk; lengthy contact = higher risk)
5  Does the work involve regular interaction with
Field: Higher risk as there is no way to
people considered at higher risk of severe illness
know client’s health status or vaccination
from COVID-19, such as people with underlying
status.
health conditions? (little to none = lower risk;
Census:  Higher risk as there is no way to
whole time = higher risk)
know client’s health status or vaccination
status.
6.  Will the work continue to involve regular
Field: Yes – higher risk
interaction with unknown people if the region is
Census: Yes – higher risk.
at a higher alert level? (no = lower risk; yes =
higher risk).
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What is the risk of COVID-19 infection and
Field: Higher risk
transmission in the work environment when

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Working Wise Ltd |Level 4, 24 Johnston Street, Wellington 6011 | [email address] | www.workingwise.nz

compared to the risk outside work? (equal to
Census: Higher risk.
outside work = lower risk; higher than outside
work = higher risk)
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Record your results
Field: All questions answered higher risk
ACT
Census: All questions answered higher risk

3. The Risk Assessment Methodology

3.1. Vaccination as control measure in current state – no guarantee everyone vaccinated

The risk assessment methodology used by Statistics New Zealand is robust and offers a useful
framework for assessing risk.
INFORMATION

One question mark is the use of vaccination as a control which is included in the assessment to
establish ‘residual risk’. It seems this control is assuming that all staff are vaccinated, which may or
may not be the case. Perhaps it would be better to have the control as ‘vaccinations – not all staff
could be vaccinated, so it may not be a fully protective control.
OFFICIAL

Then the additional controls would be:  THE

•  All relevant staff fully vaccinated.
•  Additional Covid 19 testing.

UNDER
The risk setting may be different between the inherent risk and residual risk – eg. I would think it
would be higher as there’s no way to determine if the current vaccination protocols will work as not
everyone can be vaccinated.

This risk assessment would make a more compelling case for mandatory vaccination. In this case the
initial residual risk is 16, and the final risk control effectiveness is 8, considering workplace mandated
RELEASED
vaccination and Covid testing.

Example

Risk
Inherent  Controls
Residual
Additional controls
Risk Control
description
risk
risk
Effectiveness
16 not 12
Field

•  Covid screening

Workplace
Medium 8
Collection

questionnaire
(your
mandated
Survey
25 High
•  1 metre min
assessment
vaccination for role.
Interviewers
distance indoors
– High 12)

conducting
C:
PPE

surveys or
Severe
•  QR codes provided

Covid testing
assisting in

to respondents
With not
the
L:
•  Stay safe app.
clarity of
residence
Almost
Documented
vaccination
certain
hygiene procedures    status –

•  Vaccinated staff

status (some might
Major/Likely
not be vaccinated)
High 16
•  Inspection of
controls

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Working Wise Ltd |Level 4, 24 Johnston Street, Wellington 6011 | [email address] | www.workingwise.nz

4.  General COVID-19 Control Robustness

The controls outlined in the risk assessment are in line with the advice provided from Ministry of
ACT
Health to prevent the spread of COVID-19. None of the control details were provided for further
comment.

4.1.  Stats NZ Intervention Logic – from Covid Combined Field Risk Assessment

My comments – in blue
Wording from Stats NZ risk assessment in italics
INFORMATION

It’s a good methodology categorising the tasks across field and census have been categorised into
Indoors and Outdoors. All of these tasks require interaction with the wider community.

It is a sound assessment that the consequence in these cases remains at severe as the environment is
OFFICIAL
largely beyond our control and an outbreak would affect both organisation and the community at
large.

THE
There is good logic, and the assessment is consistent with what is known about the efficacy of
vaccinations.

With the initial controls in place and added vaccination the following assumptions:
UNDER
•  It reduces the rate of transmission, so the impact becomes lower. In effect the vaccination is
a form of PPE and reducing the impact therefore in the cases of interaction with public we
have moved the consequence to major.
•  The likelihood is reduced in relation to task. If the task is outdoors the likelihood reduces
dramatically.
•  The COVID testing is
RELEASED treated as an additional control. This allows us to move the likelihood of
an event even further.

This is a must. This control is based on the assumption that the testing integrity will be of an
approved standard as per MOH guidelines.

It is useful to be prudent.
The Risk Control Effectiveness:
•  It remains partial, as a result of Medsafe approval status which is provisional consent. Under
Section 20 to 22 (Medicine Act 1981) provisional consent is given to allow patients to access
vaccines despite the data to supports the longer-term safety and efficacy of vaccines is not
yet available.

•  Secondly, MOH guidelines state that vaccines protect people from the effects of COVID-19
but while research is still ongoing to determine whether a vaccinated person could still
transmit the virus to someone else, so to be safe, we must assume there is still a risk of
transmission.

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Working Wise Ltd |Level 4, 24 Johnston Street, Wellington 6011 | [email address] | www.workingwise.nz

4.2 Stats NZ Risk - Considerations for Internal Organisational movements

Groups traveling in vehicles.

ACT
The same WorkSafe NZ risk assessment needs to be applied to this activity. It still must go back to
role – and the activities that make up that role.

If this is related to Census worker or a Field worker who will then go onto doing some other activities
that increase the risk factors, then it would be considered higher risk.

Frequenting Stats Facilities or facilities utilised by Stats for Stats purposes

INFORMATION
I would agree with the assessment made in ELT Memo (draft) Section 2. However, I would change
the Alert Levels, as this will change soon to the traffic light system. Instead, government mandated
guidance for workplaces for managing COVID-19 could give the risk assessment more longevity.

5. COVID-19 Public Health Response Act 2020
OFFICIAL

5.1 COVID-19 Public Health Response (Vaccinations) Order 2021
THE

Statistics NZ workers do not fall into the categories outlined in the COVID-19 Public Health Response
(Vaccinations) Order 2021. Therefore, it currently has no obligations under this order for mandatory
vaccinations.
UNDER
https://www.legislation.govt.nz/regulation/public/2021/0094/latest/whole.html#LMS487857

5.2 COVID-19 Public Health Response (Required Testing) Amendment Order (No 5) 2021

Statistics NZ workers do fall into the categories outlined in the COVID-19 Public Health Response
(Require Testing) Order 2020 or the subsequent amendment coming into effect on 8 November
RELEASED
2021.  Therefore, it currently has no obligations under this order for mandatory testing.

https://www.legislation.govt.nz/regulation/public/2021/0328/latest/LMS579136.html
https://www.legislation.govt.nz/regulation/public/2020/0230/latest/LMS400302.html#LMS400301

6. Public Service Commission - COVID-19 Workforce Vaccinations Guidance
Advice from the PSC is where agencies believe there may be a health and safety reason for some
public-facing work to be carried out only by vaccinated workers they must undertake a health and
safety risk assessment of the work.  The purpose of the assessment is to determine whether the work
can be done safely by unvaccinated employees. Factors to assess include:
•  nature of the work performed
•  risk of exposure (to and from workers), using the latest advice from the Ministry of Health
•  potential consequences of exposure on others, e.g. community spread
•  effectiveness of options other than vaccination that may be sufficient to mitigate the risk of
exposure (to and from workers).
This assessment should be done with the participation of staff and relevant unions.
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Working Wise Ltd |Level 4, 24 Johnston Street, Wellington 6011 | [email address] | www.workingwise.nz

If the assessment concludes that there are measures other than vaccination that can ensure the work
can be performed safely, agencies should continue to promote vaccination through the educate,
expect and support approach.
The Stats NZ ELT Memo (draft V1 and V2) states the intent to continue the assessment process with
ACT
participations from staff and relevant unions. Perhaps this could be emphasised further.

The Copy of Covid combined census field risk assessment (EXCEL doc) indicates the development of a
COVID-19 vaccination policy through consultation with staff, unions and PSC.

7. ELT Memo – vaccine mandate conclusion
Currently the ELT Memo (draft V1 and V2) does not make a conclusion that staff in the roles that
INFORMATION
undertake the tasks that were risk assessed, should be fully vaccinated. This should be clearly stated,
perhaps at the beginning of the memo, or at the end in a recommendations section.
8. References
Beehive:  Press release from Hon Michael Wood, Govt back busin
OFFICIAL  ess to vaccinate workforces.
https://www.beehive.govt.nz/release/govt-backs-business-vaccinate-workforces
THE
Business Leaders Health and Safety Forum guidance
Vaccination Policy Guidance
Government Health & Safety Lead
UNDER
https://www.healthandsafety.govt.nz/news-and-events/news/covid-19-novel-coronavirus-agency-
guidance/
MBIE guidance
Vaccines and the workplace » Employment New Zealand
RELEASED

Te Kawa Mataaho (The Public Service Commission) guidance
Vaccination Roll-Out Guidance
WorkSafe NZ: How to decide what work requires a vaccinated employee and WorkSafe’s
enforcement approach. Updated 27 October 2021
https://www.worksafe.govt.nz/managing-health-and-safety/novel-coronavirus-covid/how-to-
decide-what-work-requires-a-vaccinated-employee/

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Working Wise Ltd |Level 4, 24 Johnston Street, Wellington 6011 | [email address] | www.workingwise.nz