Potaka TamaHEALTH AND SAFETY AT WORK (HEALTH AND SAFETY REPRESENTATIVES AND COMMITTEES) AMENDMENT BILLThird ReadingDebate resumed from 31 May.TAMA POTAKA (National—Hamilton West): He aha te mea nui o te ao? He tāngata he tāngata he tāngata. [What is the greatest thing in the world? It is people it is people it is people.]There have been some tragic accidents and incidents at workplaces all around the country particularly on farms forests near railways and driving on roads. Getting to mahi and home safely is the priority for all today and every day.Kei te mihi ki te whānau o Tim van de Molen me tana tuahine. Tāiki e. [I acknowledge the family of Tim van de Molen and his sister. It is done.]National opposes this bill. As a former health and safety manager of Tainui Group Holdings in—you know it—Hamilton West I appreciate the chance to listen to and speak to this matter: the third reading of the amendment bill. Thank you to the Hon Michael Wood for his diligence here.Coming into health and safety as a young legal zealot convinced about me being right all the time I was confronted with the iwi corporate and business reality which focuses often on the potentially oxymoronic objectives of manaakitanga and profit. However through the guidance of leading sentinels of that great tribe of Waikato Tainui—people like the Hon Koro Wētere Kingi Porima and Pokaia Nepia coupled with the steely determination of the Tainui Group Holdings officialdom like John Spencer Tania Simpson and Mike Pohio—I was able to see through the sometimes foggy lens of health and safety to practical and workable solutions to achieve those noble objectives of manaakitanga and profitable business. Hazard and risk identification: the Excel spreadsheet that defined my Microsoft Excel career; health and safety engagement with representatives with committees with others who are interested in this subject; subcontractor management—that little black hole that many property developers fall into.I recall one exciting example when we were building The Base retail centre out at Te Rapa in Hamilton West and a subcontractor decided that he was going to use an acetylene torch up next to an air conditioning unit. So at the first week of opening The Base we had to shut it down for a few hours because one person decided as a subcontractor he could do that.Another great example was a place where many of us have been to actually. It's called the Auckland Airport and out at the Auckland Airport Tainui Group Holdings built a beautiful hotel called the Novotel Auckland Airport. There's another one coming called the Pullman Te Arikinui and when we built that hotel one of the subbies had a great idea to go cruising on his bulldozer and digger and hit the main gas main of the Auckland Airport and shut it down for four hours. That's the type of experience and excitement I had to contend with as a health and safety manager of Tainui Group Holdings. It wasn't like that jet fuel line there Mr Cameron.Health and safety training and education are a fundamental part of health and safety and emergency procedures which became as important to me as my fitness regime with Johnny Gillet of CrossFit Waikato: a few press-ups. The proposed legislation introduces more regulatory fog reminding me of early morning runs alongside the Waikato River—haven't done those for a while—dense fog wet fog Hayes Paddock fog and St Andrews Golf Club fog; dangerous hazards for risks and under-stretched and slow runners like me and perhaps others who sit here in the backbench of the National Party.This proposed legislation does not eliminate isolate or minimise hazards and risks prevalent in small businesses. The bill is more about Kāwanatanga than manaakitanga. Not only that it actually downplays one of the six foundations of the Treaty principles that being pūkengatanga or expertise—the expertise that actually exists in many small and medium enterprises (SME) to deal with health and safety issues without Big Brother watching every day and telling people what to do.The bill seems more about ticking an election manifesto—oh that's right; that's what it is. What is right for small and medium enterprises? Health and safety reps—tick. Whakapapa profiling in ACC legislation—tick. More tax for whānau trusts—tick. Cat wash solutions for showers—tick. But potholes—don't worry about them." Probably the most dangerous health and safety risk presented to most businesses in this country today—nothing being done. "Let's not fix the number one health and safety issue but instead load more compliance on to businesses" and that's where we're at right now. "Don't worry about the pūkengatanga or the expertise around health and safety that already exists there. Let's make sure that every business no matter how many employees they have have the chance to spend more money on health safety." Folks—all of us—there are only two more ticks we need this year.The election of one or more representatives on request by a worker replaces the existing provision whereby a person conducting a business or undertaking (PCBU) is not obliged to elect representatives if there are more than 20 and not deemed a high-risk industry. Another provision that's proposed requires the establishment of a health and safety committee on request by five workers or a health and safety representative. This is unnecessary. Moumou wā moumou kōrero moumou pire ki te pō. [Waste of time waste of discussion waste of a bill to the darkness.]National set the limit at 20 employees because adding more compliance—and especially for the 105000 small and medium enterprises that this is going to influence who fall under the rubric of this legislation—makes it harder for human resource to ideate to innovate to invent things and market and sell them.There is minimal evidence that I have seen that shows how low-risk SMEs are not already dealing with health and safety issues in a prudent and reasonable manner. This bill does not add de minimis costs. The Ministry of Business Innovation and Employment is saying that it is about $1500 an employee on an average wage to train up days away from work and productivity loss therein. Business New Zealand and the Employers and Manufacturers Association have both submitted against the proposed legislation so far and the regulatory impact statement demonstrates that consultation with the SME sector prior to developing the bill was very very marginal.SMEs generally are not unreasonable PCBUs. They know that a productive and incentivised workforce is critical for their own profitability manaakitanga and future. Businesses like Tainui Group Holdings crack into the mahi and organise their people to be trained around health and safety for the good of the business not to fulfil some election manifesto check box.So alas we vigilantly and diligently oppose this bill in being yet again an inefficient use of limited parliamentary resource and my time on a closing Thursday afternoon. I concur with my party colleagues who have spoken about this bill already with reference to the well-known song by North Shore singer Kings "Don't Worry 'Bout It":All that really mattered was the company I gotAnd everything else was just a hand inside the clockAnd now getting insta-famous for a Like is not a shockSnapchat strangers for a boost is all you gotIt's funny when the times changedBut for some of us it never changedI've got great company today—I had a couple of birthday friends last night—but this bill adds more regulatory fog. My limited experience in health and safety as a health and safety manager suggests that we empower businesses give them the respect they deserve and facilitate them to do business on reasonable terms and not forced by legislation to meet unwise manifesto aspirations. Mimicry is the best form of flattery. Get things done. Kia ora."