“Occupational Health and Safety” Corporate Liability and the Regulation of Officers: New Zealand Reform

This paper examines the concept of corporate liability in the context of occupational health and safety in New Zealand. In particular it looks at the new duty of officers proposed in the Health and Safety Reform Bill 2014. New Zealand’s occupational health and safety framework has experienced a regulatory breakdown, stemming from its incomplete implementation of the Robens Model for health and safety regulation. That breakdown involves many flaws and gaps, especially as far as corporate liability is concerned, while the modern world of work has created new challenges to health and safety regulation. This setting demands a new regulatory tool to create effective corporate liability and increase the compliance of companies’. This article examines the new world of work and the inherent clash between OHS regulation and the corporate world to reveal two main conclusions; the major barrier to company compliance is a lack of effective inducement; and there is a desperate need to create health and safety leaders within companies, in order to create a positive health and safety culture. These two conclusions promote the main proposition of this paper, that the proposed duty of officers will be instrumental in improving the state of workplace health and safety. This paper examines the duty, as drafted, to emphasise its potential and to highlight certain flaws which may limit that potential.