I think this whole thread just shows how many perspectives there are on this matter, overall a reflection of the confusion emitting from our leaders, enforcement agencies trying to enforce it, HS in workplace and our workers.

Our right to refuse medical treatment is protected under common law and is written into the Bill of Rights Act, Section 11 “Everyone has the right to refuse to undergo any medical treatment”. By compelling a person to receive a medical treatment or lose their employment they no longer have the ability to provide informed consent and are instead providing coerced consent.

The Covid-19 Public Health Response Act 2020, powers granted to Ministers are confined to the Bill Of Rights Act 1990, that Bill would override such legislation, including ministerial powers under such legislation; they would need to justify any limitations ordered on those rights, really it can only be overridden when someone or some group shows up with Ebola or some other plague

Therefore the threshold for mandatory vaccination is high especially for workers who are non boarder facing or employed in health care. Mandating it for teachers, tradies, KFC workers is questionable.

There is no definition of Covid other than flu type symptoms in the Covid Act otherwise the Act would fit into the framework of the NZ Health Act, part 3 Infectious and Notifiable Diseases purpose of which is the prevention of outbreak and spread; powers under both pieces of legislation are not dissimilar.

This seems to fit with panels of experts such as the EU High Consequence Infectious Disease (HCID)and Advisory Committee on Dangerous Pathogens (ACDP). Tasked with guiding UK public health response on up to date worldwide data for mortality from the like of viruses like diseases. HCIDs include Middle East respiratory syndrome and severe acute respiratory syndrome (SARS)

In as early as March 2020 and still applicable today, they classified covid as a non-infectious disease of note due to overall low mortality in the general population.

They found that those most of risk of death are those at: end of life in a hospital setting including home based respite care due to fragility, disease or comorbidity; and, the medical teams, caregivers and families of those patients; and that

Numerous factors skewer mortality rates including: standard of available public health care; health of population ( >90% of all USA covid deaths is said to have occurred in people living with 4+ comorbidities); available treatment options (UE has for example lifted the ban on a treatment option with an almost 100% success rate in reducing mortality in all covid patients incl. those most at risk) our Covid Bill seeks to prohibit the use of that treatment in NZ ) and rates of naturally acquired immunity in the population as reported out of Israel suggest vaccine against preventing COVID-19 infection was reported to be 39%], substantially lower than the trial efficacy of 96%]. It is also emerging that immunity derived from the Pfizer-BioNTech vaccine may not be as strong as immunity acquired through recovery from the COVID-19 virus .A substantial decline in immunity from mRNA vaccines 6-months post immunization has also been reported

While vaccinations form part of a business’ methods of controlling the risk of infection, employers must therefore have other plans in place if workers refuse. Our prime minster spoke of quick fire rapid test kits in workplaces and airports already in use in other countries.

For employers who make vaccines mandatory to continue on-site work, by doing so it could lead to legal challenges in the future. Employers must be prepared for that and weigh up alternatives to mandatory vaccinations if it comes to it.

We will also need to consider that we already know that both the vaccinated and unvaccinated carry the same viral loads, what implications will this pose for say a vaccinated electrician with viral load going into the home of a new born to complete work.

CO2 monitors to identify poorly ventilated areas and Irish protocol Steve H
We started using the C02 function on our multi gas detectors early on in the pandemic. It has proved invaluable in identifying poorly ventilated areas in the workplace. My Irish daughter-in-law supplied me with a copy of their workplace safety protocol, it is comprehensive and an excellent guide. I am sure there are many more innovative technologies that will come to market and form part of our controls such as the home test kit and pulse oximeters.

Interesting public statement out of Australia this week in respect to a worker who appealed against being fired for refusing a flu vaccination. The key take away on pages 31-44 Part 2 of the decision being when asked if employers can mandate covid vaccinations under a public health order the Trade Unions, Business Counsel, Fair Work Commission and Safe Work Australia answered NO it cannot be mandated in almost every work place in Australian when there is another alternative to assist employers to meet their H&S obligations and that is by means of testing (PCR) as testing is arguable a better control measure than vaccines, given that the purposes of the vaccine is to reduce symptoms rather than prevent vaccinated workers from carrying the virus.

Whist not currently mandatory it is encouraged and staff are incentivized with shopping vouchers on producing the 2nd shot vaccine card. We have called an ambulance for one staff member following a sudden medical event (emergency services asked if we could check if worker had recently had the shot, they had) and we have had one worker called to ICU when his partner developed a reaction to a shot. Interesting in the USA, OSHA has taken an unprecedented step in suspending the requirement to report adverse injuries or deaths from workplace mandated shots until May 2022.

the use of face coverings is mandatory for all employees and customers at businesses and services that ]are open to the public? We are not open to the public. We have 150 staff on site are they then deemed public?

We have an optical lens at front door it takes temperature and displays it on sign in tablet or it can divert to 1st aid or H&S computers. A first aider complete a heath questionnaire with each individual coming in..questions like have they been anywhere outside of work and their bubble, do they have cough, cold, etc. In these crazy upside down time many staff feel assured that we are screening out any potential virus carriers.

We use EAP Services made a referral last month. Our worker preferred face to face counselling rather than ph option which they tried to push. I think we had to wait 3 wks to see somebody not ideal but it is what it is in these times. they sound really busy

Thanks everyone got to bottom of it talking with ACC and employment lawyer. Seems we are not obligated to unless stated in employee contract. Which states you must immediately report all incidents, injuries, the Company may require you to be medically examined by a medical practitioner nominated by the Company at the Company’s expense if we believe the injury warrants medical attention/time off work. Hmmm seems H&S good faith differs to accounts team.

Our workplace injuries are managed by ACC not the employer; levies are roughly $700,000 annually for 500 staff, down from a million 5 years ago. Our work is in the meat work industry where workers are incentivized to worker harder and faster with piece meal rates and higher pay rates if can keep pace with machines. Injury rates have declined due to procurement of automated cutting machines forcing ¼ workforce into redundancy, ergonomic workstation overhaul, 20 minute task variation/rotation, hourly micro pause etc. We have a preferred medical provider who works hand in hand with an ACC approved occupational therapist. We encourage early reporting of DPI with reduced hours at full pay under a rehab plan to rest and strengthen soft tissue. Our GP knows we only seek medical intervention when the plan fails to alleviate symptoms.
Injuries requiring immediate medical attention (3 recent ones come to mind a: driver while off site rolled ankle on uneven surface; breaking ankle b: worker was concussed when a 25kg carton fell from an over stacked stack he was attempting to push through a door way it was not designed to fit under c: cleaner failed to wear cut resistant gloves when handling blades sustaining cut requiring stitches.
More often than not lately we are unable to get an immediate appointment with our preferred medical provider so that leaves our alternative provider with whom we have an account; an Accident Medical Centre where $50 surcharge for x-rays applies and is not charged to the account or A+E at the hospital. Both these centres are over run with long waiting times; 4 hours for concussed worker and 7hrs for broken ankle.
Our norm is to transport the worker to medical and wait if cannot get their significant other to attend and/or wait to pay x-ray costs etc. should that be required – workers are unlikely to have a spare $50 in their pocket. Both the above centers discourage visitors to keep occupancy numbers and social distancing in check as well as a place I would not by choice spend time in; it is a long day sitting in carpark, is anyone else in similar circumstances or have an alternative plan to address this would be appreciated.
Workers reporting injuries and then seeing their own GP’s are reimbursed the fee should it be requested. Workers who fail to report injury and see their own GP are not reimbursed the fee. In both these instances almost 99% GPs puts the worker off work on ACC.
So my question is do other companies pay for workers medical fees, x-rays, physio etc. for a work injury or is the worker required to pay the going rate less the subsidized ACC contribution?

Me thinks fast becoming the ambulance at the bottom of a cliff for the escalating numbers of the marginalised, broken, and sad causalities of the underfunded, overstretched and inequitable systems of care! In my own community I am increasingly seeing (hearing of) persons exhibiting anti-social behaviour in public places, this was not the norm in this community, pre-covid. Sad, but not a bad idea to wear risk assessment hat when entering such places e.g. no handbags, phone/credit card in pocket, groceries packed before go to carpark etc. etc. On the work front both H&S/HR are increasingly dealing with workers and their personal issues impacting on work/employment.

In the past we have used the vault and mango but found like MattD2 said integrating it with the wider organisations systems proved to be a quagmire. Now we just have a health and safety register (incident, hazard, training) on our organizations digital system

Interested to hear what solutions are proposed we have a similar problem with plastic flaps in front of freezer doors to stop air getting in when door is opened, staff tend to walk backwards until clear of the flaps when entering

And if a worker getting a vaccine as a requirement of their employer, becomes one of the statistics (fatality/life long disability) listed on Vaccine Adverse Event Reporting System (VAERS) what then, is the company liable?

Is an HSR the same as a health and safety committee volunteer? We put 6 HSRs (including managers, supervisors, staff liaison and union rep) thru NZQA when it first came in. All 6 are still with us and attend committee meetings. We don't have a health and safety committee as such, we encourage everyone on site to be a health and safety advocate. We have employee of the month award a $50 paknsav voucher, one of the criteria for nomination is health and safety advocacy. I run 3 monthly health and safety meetings anyone is welcome to attend,do not get much uptake on volunteers but what I tend to do is bring workers in who have identified a new hazard or one that we are not managing well and have them tell us about what prompted there concerns and we can address what corrective actions were put in place, this seems to go down well with staff being mentioned in the meeting minutes and having others read about what they did. Staff turnover amongst our process workers is also high using health and safety resources to fund NZQA for volunteers work is better utilised elsewhere. Like getting maintenance or machine setters NZQA health and safety training.

Wow emailing everything is a new one on me! Though because we have 6monthly MPI audits keeping health and safety documentation current and filed is 2nd nature around here.

We too had a similar experience a couple of years ago when an inspector issued an Improvement notice for what they said was an entanglement/entrapment hazard in an exposed conveyor. We brought in a engineer who determined that the conveyor belt was in fact a 6inch long weigh belt with a low torque drive, stopped by hand pressure and a test instrument failed to be marked when inserted in the nip point. Notice subsequently withdrawn.

We replaced manual deboning with mechanical deboning which increased production throughput by 75% though it was sad to see some 40 knife hands made redundant

Worksafe inspector said it is their policy to no longer send out reports when no faults are found, makes sense from a legal perspective should a notifiable event occur shortly thereafter.

We were given the heads up that going forward Worksafes focus is on transport, mobile plant and freezer work - reportedly transport/mobile plant contribute to 70% of all injuries

re: tennis/golfers elbow - yes they are aware of reporting procedures they are happy to use it but really reluctant to do so if they have an underlying health problem. Unfortunately much of the cleaning is scrubbing lots of small and finicky parts attached to large manufacturing machines so yes a lot of twisting motions of the wrist/elbow, task rotation occurs but as much of the cleaning job is scrubbing the only variation from the rotation is scrubbing large pieces of equipment versus small parts

Note quite a number of unexplained deaths since the start of level 4, where the article says no other person is sought in relation to the death and the matter has been referred to the coroner - suicide is very real - remember too that covid came at the end of xmas/summer where many spent in anticipation of making up the loss during the year, loss of financial independence, or uncertainty of continued financial independence and/or responsibility for the financial independence of your workforce/suppliers will put many into a deep abyss -heart-breaking the death of the young pukekohe mad butcher and the ripple on effects for his family and community. In our workplace we are seeing many hit all the red buttons for psychosocial factors e.g. major disruption to social/work integration/support/status, loneliness, altered workplace conditions and for some bereavement all of this manifests in depressed, anxious, acting out, heightened emotions in our workers...many will not share or seek help for fear of putting there job in jeopardy we have had almost 99% attendance throughout this and this is an abnormally for us.

Astounding the number of people/business who continue to fail in critical thinking or any understanding of risk assessing chance of getting infected with covid 19. Height of stupidity is NZ post. During level 3 I went to buy packaging for 2 local parcels and 1 packaged international parcel. They had removed tables and pens where you package your items so that people do not linger. Instead I cued up to purchase said items. Then went out to the car to package and write address. Came back in and cued again to get them weighed and posted. Then was told they couldn't take my parcel to Australia as planes are not flying so they are not taking any international mail. I said what do you mean planes are not flying freight is still going back and forth, only by boat I was told, so home I went with jacket trying to send to grandaughter in OZ. Checked their website no mention of not taking international mail or boats. Phoned another post office the next day, dropped granddaughters jacket off there and today, two days later glad to see tracking shows it on a plane to Australia. Me thinks things are going to get more stupid before we see light at the end of the tunnel - just my thoughts and frustrations pleased to say senior management and HR where I work are now saying business as usual.