Information on health and safety investigations
What do Department of Labour health and safety inspectors investigate?
Under the HSE Act, employers and people in control of workplaces must provide a safe working environment. In particular, they must identify equipment or workplace practices that are hazardous, and take steps to eliminate hazards, isolate people from hazards, or minimise the risk that someone could be harmed.
They are also required to train and supervise employees until they can work safely, involve employees in keeping the workplace safe and to report serious accidents or near misses to the Department of Labour.
The Department of Labour investigates when someone is killed or seriously harmed at a place of work. We can also investigate serious “near misses” and incidents involving hazardous substances.
The main aim of our investigations is to identify why people were harmed, and what could have been done to prevent this. Knowing what went wrong can help employers and industries prevent similar injuries in future. The Department also uses this information in our broader work with industries and sectors to improve health and safety practices and systems.
Where investigations reveal breaches of the Health and Safety in Employment (HSE) Act, enforcement action may be taken.
How long do the investigations take?
When carrying out an investigation the Department initiates the investigation as quickly as possible, and works to complete investigations in a reasonable timeframe. There are times when this can take as long as six months because of the complexity and nature of the individual case, however most investigations are finished sooner.
What are the possible outcomes of the investigations?
What happens at the end of an investigation depends on the findings.
The Department can provide information and advice to help firms improve workplace safety practices. It can also use enforcement tools that range from a formal requirement to improve workplace processes and practices, through to prosecution action under the Health and Safety in Employment Act.
What is the process used in investigations?
The investigation process will largely depend on the circumstances.
When conducting investigations the Department uses its expert knowledge of health and safety to identify why serious injury has occurred in a workplace, and what steps could have been taken to prevent this.
During the investigations information is gathered, where possible, from victims, witnesses and others identified as having information relevant to the inquiry. Inspectors may also conduct a scene investigation. During this process inspectors are mindful of the sensitivities surrounding each event, and the significant trauma suffered by the victims, and their workmates and families.
The Department also brings in additional technical or specialist expertise as required. Where relevant, we work closely with other agencies involved in an incident which can include police, local authorities, Medical officers of Health, the Civil Aviation Authority, Maritime New Zealand and other government agencies.
During the investigation the Department identifies best practice information relevant to the industry or equipment involved, and frequently consults with industry and subject experts both in New Zealand and overseas.
When is the investigation report available to the public or media?
Generally the Department of Labour does not provide the report to the media until the investigation is completed, or, as the case may be, until any legal action or coroner’s hearing is completed. Media and others are entitled to request the report under the Official Information Act.
