Grace period announced for adventure activities operators

Media Release

08 October 2014

Grace period announced for adventure activities operators that are dedicated to safety

WorkSafe New Zealand Chief Executive Gordon MacDonald has announced 192 adventure activity operators have been granted a short extension to a deadline requiring them to be registered under the Adventure Activities Regulations. The extension allows those operators that are well advanced in the audit process an additional four weeks, until 1 December, to complete the final stages of their audit and become certified.

“We know the majority of operators have worked hard to get through the safety audit process and make positive changes to their safety management systems where needed. The operators that will benefit from this extension are very close to becoming certified and registered. We don’t want to penalise those companies that are on track to become registered but may just miss the 1 November deadline,” says Mr MacDonald.

The extension applies to adventure activities operators where WorkSafe is satisfied that they:

• are already well advanced in the audit process and have developed and documented a credible safety management system; and

• have made reasonable efforts to become registered in a timely way, in particular they have submitted their safety documentation to a Government-recognised certification body no later than 25 September 2014; and

• have a reasonable prospect of becoming certified and registered with the benefit of a short extension; and

• have no other safety concerns in the view of WorkSafe NZ.

Mr MacDonald says the brief extension is another step WorkSafe NZ has taken to support those operators that are committed to having robust safety systems in place.

“The safety audit and registration process will help strengthen the professionalism of the adventure activities sector and lift safety standards across the board. But it would be counterproductive to make it illegal for these businesses to operate. They would need to cancel bookings, let staff go and close their doors, when they already have safety systems in place and are so close to becoming certified and registered. Now they can prioritise their time to get through the last steps to meet the new regulatory requirements,” says Mr MacDonald.

Those operators who are not registered and do not have an extension will face enforcement action from 1 November.

“The Adventure Activities Regulations are there to save lives and reduce harm. Operators who are operating outside of the law from 1 November will face enforcement action,” says Mr MacDonald.

[Ends]

Media Contact: Joe Wallace

Senior Communications Advisor, WorkSafe New Zealand

Email: Joe.wallace@worksafe.govt.nz

Phone: (04) 901-8189 or 021 246 4814

Additional information for editors

Legal basis for an exemption

Under regulation 21 of the Adventure Activity Regulations, WorkSafe NZ may grant exemptions from the requirement for operators to be registered.

Background

In June 2010 the Department of Labour released a review of risk management and safety in the adventure and outdoor commercial sectors in New Zealand. The report was completed at the Prime Minister’s request due to concern about a number of serious incidents in the adventure and outdoor commercial sector.

The report said there did not appear to be a fundamental problem with the sector’s ability to develop appropriate safety systems. Instead it stated the problem was more one of unidentified gaps where businesses could start up and operate at a different standard than what is accepted across the sector as safe practice. It suggested the situation could result in more harm and it could damage New Zealand’s reputation as a top destination for tourists.

To address these issues, the report recommended the government create regulatory requirements for the sector and a registration scheme that required external safety audits of operators’ safety systems.

The government took these recommendations on board and, in March 2011, the Health and Safety in Employment (Adventure Activities) Regulations came into force – otherwise known as the Adventure Activities Regulations.

Maritime and Civil Aviation Authority’s involvement

Three government agencies; Civil Aviation Authority (CAA), Maritime New Zealand (MNZ) and WorkSafe NZ are charged with regulating the safety of adventure activities. These arrangements ensure that the sector where the activity occurs is aligned to the regulator with the right technical expertise and specialist skills. Co-ordination between these agencies ensures that wherever possible the approaches are consistent and that the administration of the various regulatory regimes continues to operate effectively.

Enforcement

Operators that are operating illegally from 1 November face a maximum infringement fee of $3000 and a maximum fine following prosecution of $250,000.

WorkSafe NZ support offered to operators to become registered

WorkSafe NZ has offered significant support to operators to assist them through the process:

• Employing specialist safety advisers to help operators, at no cost to them, with the process of preparing safety management plans and other necessary documentation, as well as to provide advice and guidance one-on-one.

• Offering financial support of up to $1500 available to each operator that signed an audit contract by 31 July 2014 – this included phoning all known operators that were subject or potentially subject to the regulations one by one to encourage them to take up the offer.

• Providing fact sheets, templates and other guidance material.

• Regular newsletters updating the sector on progress and offering advice to get through the process.

• Working with sector groups to provide explanatory presentations and practical workshops for audit preparation.

WorkSafe NZ also contracted industry bodies, to provide leadership and advocacy for the industry, and offer advice to government. The Tourism Industry Association New Zealand and Outdoors New Zealand were funded to support and regularly inform the sector, and assist operators through the implementation of the registration scheme. They were also required to develop resources to support the sector, such as the Activity Safety Guidelines, which are booklets of safety recommendations for specific activities.

Figures

• Notified operators subject to the regulations: 336 (as at 25 September 2014).

• Number of operators registered: 75 (as at 25 September 2014).

• Number of operators that have been granted an extension: 192 (as they are assessed as meeting the criteria).

For more information on Adventure Activities go to www.worksafe.govt.nz and click on ‘Adventure Activities’.

© Scoop Media