Roche Denise: Questions for Oral Answer — Questions to MinistersText is incorporated into the Bound VolumeRoche Denise: Questions for Oral Answer — Questions to Ministers[Sitting date: 30 January 2014. Volume:696;Page:15702. Text is incorporated into the Bound Volume.]10.DENISE ROCHE (Green) to theMinister of Labour: Will he commit to regulating the hours of work in the forestry sector immediately given there have been 11 worker deaths in the sector in the past 13 months; if not why not?Hon SIMON BRIDGES (Minister of Labour): No I will not immediately but I am not ruling out regulation in the future. The reason for that is that I do not want topre-empt the industry-led inquiry that was announced yesterday. I am very pleased that the industry is taking ownership as the enduring safety solutions that are needed require the industry front and centre. Nothing is off limits to the inquiry and I am sure that hours of work will form part of their investigation. I have encouraged a speedy process so that I can consider the recommendations as soon as possible. In the meantime I have also instructedWorkSafe New Zealand to review the approved code of practice for forestry in light of the low level of compliance it has seen in its visits to operators and it will also continue its strong proactive approach.Denise Roche: Does he think that all workers in the forestry industry are getting adequate rest breaks and that their fatigue levels and other factors that contribute to injuries and deaths are being well managed; if so why?Hon SIMON BRIDGES: Fatigue of course and its effect on workplace health and safety are complex issues. Responding I think to this issue goes far beyond simple regulation of hours of work. The current duties of the Health and Safety in Employment Act already require employers to manage this hazard. But as I said in the inquiry nothing is off limits. I have no doubt the inquiry will be looking at this and many other issues to do with forestry safety. I am eagerly awaiting its recommendations.Te Ururoa Flavell: Accepting as I am sure he does the doctrine of ministerial responsibility for portfolios can the Minister explain why it is that the forestry industry rather than the Government will lead the inquiry into its own malpractices and does he acknowledge that this sort of approach may not get to the heart of the issues around malpractice?Hon SIMON BRIDGES: I think the best thing to do in that regard is to wait for the inquiry’s recommendations. I am sure we all hope—and I certainly believe—that the inquiry will get to the heart of it. But as I said in the answer to the primary question I think it is very important that the forestry industry for itself shows ownership here. That is how we will get an enduring solution. I think it is also worth appreciating that this Government is leading the most significant reform in health and safety generally in at least 20 years—$30 million more each year for inspectors a complete legislation rewrite and a much much stronger enforcement approach than we have seen. All of this has far-reaching consequences for the forestry industry.Denise Roche: Does he think that forest owners are playing their part to protect workers given that half the logging operators visited last year byWorkSafe New Zealand were not complying with the industry code?Hon SIMON BRIDGES: I think what is clearly implicit in the question is the answer and that is that some owners are not. That is why within a year and a month into its use theApproved Code of Practice for Safety and Health in Forest Operations is being reviewed with some urgency so that we go from the forest floor and actually into owners’ boardrooms and they take their part of their responsibility in this. I repeat again what I have said. If you actually look at the legislation that I will be introducing very soon—on which there have been consultation drafts put out—we are I think for the first time making people in the boardroom front these issues and have responsibilities for these issues as never before in this country.Denise Roche: Does he think that the currentApproved Code of Practice for Safety and Health in Forest Operations which was written by the industry itself with limited union or worker participation is preventing injuries and deaths in the forestry sector; if so why?Hon SIMON BRIDGES: I think the code of practice is a good resource for forest workers and indeed owners. But again we know that since it has been in place there have been a number—far too many—of deaths in this industry. As I say that is why the code is being reviewed. I think you will see significant detail particularly aroundowners’ responsibilities and their obligations to their workers. The member also mentions worker participation. I think it is worthwhile again noting that the legislation that will be introduced to this House will have worker participation provisions and obligations for owners like never before in the history of this country.Andrew Little: Why has it taken until only yesterday before he has started a review of the approved code of practice for forestry when as recently as 19 November last year since which time there have been three more forestry deaths he told this House that “the things that are the focus of that approved code of practice … are the big issues and are what … [it] focuses squarely on.” and he saw no need for change?Hon SIMON BRIDGES: That in fact is the true position in that it is tree-felling and breaking out which are in a primary area that the code of practice deals with where we do see the majority of deaths in the forests. But as I say what we also know and what we did not know until the end of last year almost exactly a year after the code of practice came into being is that some 50 percent of owners are not complying with their obligations at law in this country.Andrew Little: But we knew that last year.Hon SIMON BRIDGES: We did not know it until the end of last year actually Mr Little. And that is why there is a review going on and the code will have much added to it.Denise Roche: Does he think thatWorkSafe New Zealand providing a secretariat and a submission to the industry-led inquiry into forestry safety is the most his Government can do to stop injuries and deaths in the forestry sector?Hon SIMON BRIDGES: Well of course it is not the most that we are doing. In the meantime while the inquiry proceeds—and I hope with as much haste as it reasonably can while also wanting to do an excellent job—we have got inspectors out there testing compliance with the code of practice every day. We have visited more than 2000 players and more are being seen. There are prosecutions ongoing and I think more are coming. The chief executive and the chair ofWorkSafe New Zealand and their workers are meeting in boardrooms of foresters around this country to make it very clear what their obligations are. There are many other things indeed that are going on in this industry. This is a Government that is waiting for an inquiry to produce its findings but in the meantime is taking urgent action.Denise Roche: Why is he refusing to use his powers right now to make changes that will save lives and stop people being hurt in our forests?Hon SIMON BRIDGES: I do not think that is a correct characterisation of what is happening. As I say this Government is taking urgent actions now and we should also I think understand that this is the Government that is implementing the biggest most significant health and safety reforms as I have said in earlier answers in a generation—probably actually in several generations. So I think this Government is doing a lot in this area but it is also important that the industry stands up and takes ownership and it is good to see that happening with this inquiry.