'Required to be Authorised' definition
  • Rachael
    112
    Hi all... next question from the weird and wonderful world of assumptions.

    I recently heard of a incident where a single-axle trailer overturned. No one was hurt and there was limited potential for any serious harm to occur. It is also not an organisation that runs under MOQO or any other specialist regulation.

    Nonetheless, there was a massive discussion over whether it classed as a notifiable event or not.

    One person rang WorkSafe and although were not told definitively yes or no, they were advised that it could come under the "damage to or collapse, overturning, failing or malfunctioning of any plant that is required to be authorised for use under regulations" section of notifiable incidents, and that "to be on the safe side", they should report it.

    I would assume this is because the trailer needs certification under transport regs, but that seems a bit of a broad brushstroke to apply.

    Does anyone have an authoritative definition for "damage to or collapse, overturning, failing or malfunctioning of any plant that is required to be authorised for use under regulations".
    Rachael Options
  • Peter Bateman
    272
    Just to be contrary for a moment - hey, I'm a journalist, it's my job - but shouldn't the primary focus after an incident be on working out how it happened and how to prevent it happening again?
    In other words, spend no time at all arguing about whether or not the incident meets the criteria to report to WorkSafe - just report it.
    Then spend time working out how to prevent similar incidents in future.
    Or have I completely got the wrong end of the stick here?
    Peter Bateman Options
  • Rachael
    112
    ↪Peter Bateman

    Not contrary at all - as a bit more context, the notify/don't notify discussion was happening well outside the "wow, let's not let that happen again" discussion and other post-incident factors.

    My question is more of a curiosity well after the fact :)
    Rachael Options
  • Tony Walton
    129
    Hi Rachael. The Worksafe NZ tool on this matter provides a guide. I tested it on your scenario and it said not reportable. https://www.worksafe.govt.nz/notifications/notifiable-event/
    Tony Walton Options
  • MattD2
    339
    As with most legislation you need to read each clause in context with the whole. The actual wording from the act is
    the collapse, overturning, failure, or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with regulations; or
    I've highlighted regulations as section 16 (Interpretation) defines regulations as
    regulations means regulations made under this Act
    So plant such as cranes that are covered under HSE PECPR Reg or critical plant in under the HSWA MHF Regs would be included and require notification, but a trailer that needs a licence/WoF under the Land Transport Act regulations wouldn't.
    MattD2 Options
  • Rachael
    112
    ↪Tony Walton

    Yeah I did the same. We had a superficial injury so as soon as the yes was applied to 'was anyone injured' it wanted more information.
    Rachael Options
  • Rachael
    112
    ↪MattD2


    Oh THAT is awesome - exactly what I needed. Thank you :)
    Rachael Options
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