Mitchell Clayton: Oral Questions — Questions to MinistersText is incorporated into the Bound VolumeMitchell Clayton: Oral Questions — Questions to Ministers[Sitting date: 30 July 2015. Volume:707;Page:5515. Text is incorporated into the Bound Volume.]7.CLAYTON MITCHELL (NZ First) to the Minister for Workplace Relations and Safety: Does he stand by his statement “It’s important to strike the right balance between safe workplaces for workers and unnecessary red tape on businesses and I’m confident we have landed in the right space.”?Hon MICHAEL WOODHOUSE (Minister for Workplace Relations and Safety): Yes I am confident that the Health and Safety Reform Bill as amended is sensible workable and will make a real difference to improve New Zealand’s unacceptable safety record. It will contribute to the Government’s commitment of achieving its goal of at least a 25 percent reduction in workplace death and injury by 2020.Clayton Mitchell: What assurances can the Minister give to small and medium sized businesses that WorkSafe New Zealand inspectors will not become revenue collectors at the expense of small to medium sized enterprises?Hon MICHAEL WOODHOUSE: The overwhelming number of offences for which a fine is levied are levied by the courts not WorkSafe New Zealand at all. I simply reject the notion that WorkSafe New Zealand has that as its raison d’être.Clayton Mitchell: Why has the Minister ignored the personal responsibility of staff to look after their personal protection equipment or “PPE” leaving small to medium sized businesses to carry the financial cost of damage or loss of this equipment by employees; and will he amend clause 28 of the new Health and Safety Reform Bill to rectify this?Mr SPEAKER: The Hon Michael Woodhouse—either of those two supplementary questions.Hon MICHAEL WOODHOUSE: The answer to the second part of the question is no because although a person conducting a business or undertaking—PCBU—will be required to provide personal protection equipment nothing prevents them under other employment law or civil jurisdiction from claiming the cost of damage particularly when it is done in a grossly negligent way.Clayton Mitchell: Will the Government help small business by funding the health and safety representative training for small to medium sized businesses as they face the ever-increasing and crippling workplace compliance costs?Hon MICHAEL WOODHOUSE: The Government already invests heavily in health and safety training and education. There is a contribution by the workplace—the person conducting a business or operation—as it is the primary beneficiary and I think that we have got that balance right.Iain Lees-Galloway: Will farming be one of the high-risk industries that will be required to have health and safety representatives even if the business has fewer than 20 employees?Hon MICHAEL WOODHOUSE: The decision on which industries constitute high or low risk has not yet been made but I intend to bring guidance to the House in advance of the Committee of the whole House.Marama Fox: Ā tēnā koe e te Mana Whakawā he pātai Reo Māori tēnei. Mō aua mahinga “whakawhara” arā e pērā ana ki ngā mahi ono rākau he nui kē ngā kaimahi Māori kei roto he aha ō mahi kia mōhio paitia ai he māngai hei tautoko i ngā kaimahi katoa?[Thank you Mr Speaker. This is a question in Māori. What industries if any does the Minister consider to be “high risk” and what does he intend to do if anything about ensuring those risk industries that particularly impact on all Māori workers such as forestry will continue to have health and safety representatives?]Clayton Mitchell: I raise a point of order Mr Speaker. I did not get that whole question. Could I ask that the question be repeated so that I can get my earpiece in?Mr SPEAKER: Was the member unable to hear the translation?Clayton Mitchell: No I did not get a translation of the question—[Interruption]Mr SPEAKER: Order! I am here to assist the House. On this occasion I am going to ask Marama Fox to repeat the question for the benefit of the translator so that all members can hear it.Marama Fox: Kia ora e te Mana Whakawā he pai tēnā he hōnore. E te Minita mō aua mahinga “whakawhara” arā e pērā ana ki ngā mahi ono rākau he nui kē ngā kaimahi Māori kei roto he aha ō mahi kia mōhio paitia ai he māngai hei tautoko i ngā kaimahi katoa?[Thank you Mr Speaker. That is fine and it is indeed an honour. What industries if any does he consider to be “high risk” and what does he intend to do if anything about ensuring those risk industries that particularly impact on all Māori workers such as forestry will continue to have health and safety representatives?]Hon MICHAEL WOODHOUSE: I do not want to get ahead of the advice that officials will give as to which industries will fall into which box but contrary to some of the scaremongering that has been going on from the Opposition loggers and forestry workers for example will certainly be considered high risk under any definition. It would not be helpful for me to start speculating more broadly on what those industries might be before I get the advice from the Ministry of Business Innovation and Employment but I will continue to work with the Māori Party behind the scenes as we have done and I appreciate their support.