Faafoi Kris: Health and Safety Reform Bill — In Committee Speaker Recalled In CommitteeText is incorporated into the Bound VolumeFaafoi Kris: Health and Safety Reform Bill — In Committee Speaker Recalled In Committee[Sitting date: 19 August 2015. Volume:707;Page:5998. Text is incorporated into the Bound Volume.]KRIS FAAFOI (Labour—Mana): For the benefit of those who have just tuned in we are speaking to Part 2 of the Health and Safety Reform Bill. I think there is quite a lot of common sense in this part of the bill but that does not mean to say that we have not got a number of questions for the Minister for Workplace Relations and Safety. I do acknowledge the Minister who once again in this part has taken to his feet to answer some of those questions.Can I start at the very beginning of this part because it does set out some of the duties and responsibilities for I guess people who are operating businesses. Clause 29A talks about the management of risks and says that “A duty imposed on a person … requires the person—(a) to eliminate risks to health and safety so far as is reasonably practicable;”. Clause 30 goes on about the primary duty of care and says that a person conducting a business or undertaking (PCBU)—which I think along with Parana Park has just entered into the legendary lexicon of Parliament—“must ensure so far as is reasonably practicable the health and safety”—Tim Macindoe: We remember it fondly.KRIS FAAFOI: The member for Hamilton West will of course enjoy that. Clause 30 talks about the primary duty of care and says that “A PCBU must ensure so far as is reasonably practicable the health and safety of—(a) workers who work for the PCBU while the workers are at work in the business or undertaking;”.Then can I flick forward to the next page which is going to be the crux of my question to the Minister. It is clause 32(1B) which talks about some carve-outs for I guess the farming sector. It says that subclause (1) does not apply “in relation to the farm buildings and any structure or part of the farm immediately surrounding the farm buildings that are necessary for the operation of the business …”. It also does not apply in relation to the main dwelling-house on the farm or “any other part of the farm unless work is being carried out in that part at the time.”Those who are expecting me to start talking about why the agricultural sector should be part of this bill will be disappointed. I know we have some issues about that—[Interruption] I know. I will get on to that. I am getting to my question. Just because we are asking for the agricultural sector to be included does not mean we do not care about those who work in rural areas.My question to the Minister is: when you are talking about carve-outs that apply to on-the-farm activity what happens to off-the-farm activity that would be deemed work? I think the most basic example of that that I could think of Minister is moving stock from one part of the farm on a public road to another part of the farm. Who has responsibility for that? The worker is still working. They are not on the farm as such. They are moving stock from one part of the farm to another part of the farm. They are exposed to public risk. I guess the New Zealand Transport Agency would have some responsibility but where does the responsibility lie Minister in terms of the PCBU for what is happening while that worker is working moving the stock between different parts of a farm on what we would deem public land?I do not see anything within this piece of legislation—within this clause anyway—that would cover that and would give the responsibility to the PCBU. We are talking only about activity on the farm. As we know if you have been caught behind stock in a rural area it is a public area because we share the road with the stock. You can get frustrated but it is the job of the workers to move the stock from one area to the next.There may be something within this part that clarifies who has responsibility. But if the PCBU does not then who does? I guess that is a question that I would like to pose to the Minister because it is something that is done regularly. I am no farmer. I heard someone—Ian McKelvie: Oh come on.KRIS FAAFOI: Yes OK—OK. I heard members on the other side of the Chamber talking about the fact that they have more farmers than we do but that does not mean we do not care about the rural community. In this instance I do not see for that short part of time where workers could be put at risk who has responsibility for that. Is it the PCBU or is it whoever is responsible for the road? Moving stock is something that I am sure happens thousands of times every day right around the country but as far as I am reading for this carve-out for the farming sector I cannot see who is responsible for that. If there is something in here maybe the Minister could take another call and explain that to us but if not then maybe he could look at doing something about that.