Tēnā koe Marie

 

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-----Original Message-----
From: Marie <[FYI request #25866 email]>
Sent: Saturday, February 24, 2024 4:29 PM
To: Ministerial Services – WorkSafe
<[email address]>
Subject: Official Information request - Policy for officers investigating

 

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Dear WorkSafe New Zealand,

 

1.Please provide the policy on Worksafe officers investigating incidents
under HSWA where the victim/complainant is a friend to the officer. Ie if
the victim visited the officer in the weekend, outside office hours at
their private house to complain. Would this be considered a conflict of
interest and how would this be managed? (For the avoidance of doubt the
example did not involve a Worksafe employee doing this).

 

2. Worksafe NZ have a number of agencies with authority to investigate
under the HSWA, please provide any policies around conflicts of interest
as above and if those agencies are bound by any policies they need to
adhere to for the integrity in enforcing HSWA and the associated
reputation of Worksafe NZ.

 

3. Please provide the policy documents regards notifying a company that
they are under investigation. Ie any policy to actually notify the
company. Or are Worksafe officers allowed to call employees without
notifying the company over an incident not deemed Worksafe related by
those involved. ie not at a place of work or undertaking work, not in work
hours and in the case of Maritime Transport Act 1994 has no business
anywhere near water or ports. Would Worksafe expect other agencies to
maintain consistency in these procedures.

 

4. Under HSWA 2015 s198 Requirement of other regulator to notify WorkSafe
of notifiable event. This relates to an incident being reported under HSWA
s57. S198,(2)(a)(b) requires the duty of the other regulator to advise
Worksafe if they intend to carry out an investigation under HSWA. Please
provide the expectation that Worksafe be notified of an investigation
under HSWA if an incident was reported under Maritime Transport Act 1994
s31 as a recreational incident and through a disgruntled worker/victim
complains to his MNZ officer friend that it is work related.  This
resulting in MNZ investigating under HSWA and MTA. Would Worksafe expect
to be notified of this HSWA investigation just because it was reported
under MTA s31 (deemed recreational) and not HSWA s57.

 

5. Please provide the prosecution policy procedures to ensure that a
prosecution is fair, unbiased.  Would an officer whose victim/friend is
the complainant against his workplace be allowed to investigate (lead
investigator), and also be part of the prosecution team?

 

These questions are not directed, implied or otherwise at the conduct of
any Worksafe NZ employee.

 

Yours faithfully,

 

Marie

 

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Kia ora Marie, 

 

Please see attached the response to your Official Information Act
request. 

 

Ministerial Services 

8 Willis Street 

Wellington 

W    [1]worksafe.govt.nz 

 

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Any opinions expressed in this message are not necessarily those of
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intended recipient, be advised that you have received this message in
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and delete the message and any attachment from your computer.

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