As the clean up continues and more businesses look to return to operation following Saturday’s earthquake in Canterbury, there is a range of health and safety and employment relations issues that employers and employees may be considering.
The advice here is designed to help businesses and their employees make good, safe, sensible and practical decisions in this difficult time.
· The key is communication. This is an unusual situation, and much of it is probably not covered by employment agreements. It is very important that employers and employees are talking to each other.
· Be flexible. This is a time for employers and employees to be understanding and to take a commonsense approach to getting business up and running again.
§ If employers are asking employees to do work they don’t normally do (for example, clean-up work), both sides need to ensure they’re comfortable with this, and safety must be top priority
§ People may want to focus on family rather than work
§ Working with staff health and safety representatives and union representatives will be of assistance in some work places
· Work together to find practical solutions
· Recognise that this has been a significant event
· People will react differently in the aftermath- some may need extra support
· Many will want to focus on caring for their family/whänau
· Others will be best supported by assisting to get things up and running
· An individual employee has the right to refuse to do work they consider unsafe. Discuss the work and the concerns before it gets to this point. If you have decided it is safe share your knowledge and reasoning with staff alongside the decision
Additional Information
Who decides if workers have to go to work if it is open?
Employers and employees should talk to each other about what is happening with the workplace. Discuss and reach an appropriate agreement.
If a staff member needs to stay home to look after their family – how does that work?
Both parties should take a practical approach to this situation. Employers should discuss the employee’s needs in these circumstances, recognising the unique nature of the event, the disruption it has caused and the need for flexibility.
If an employer has concerns that are not being resolved, what should they do?
Employers who are members of local business associations should contact their association with their queries. Otherwise you may contact the Department of Labour on 0800 20 90 20 between 8:30am and 5:00pm Monday to Friday and you will be connected to appropriate services to assist.
What if no agreement can be reached?
The Department is available to assist in any issues that arise. The first approach would be to call the Department on 0800 20 90 20 between 8:30am and 5:00pm Monday to Friday and you will be connected to appropriate services to assist.
Does an employer have the right to require workers to go to work and help with clean up?
This is an area for discussion on practical solutions. Employers want their businesses up and running to provide service to customers, and to be able to pay their employees. If employees are concerned about doing this work, they should discuss it with the employer and if they are being asked to work they don’t normally do, there should be a discussion about the employee’s capability to do the work, and about supervision, and, especially, what protective gear employees will be provided with. The primary concern at all times should be individual safety.
What safety gear should be used in clean up?
The primary concern at all times should be individual safety. This means that appropriate protective clothing and equipment should be used when required. At a minimum, this would generally include heavy shoes/boots, a helmet and safety glasses and a protective jacket and trousers if required
View information on health and safety and employment relations issues that employers and employees may be considering in the wake of the