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Accident Compensation Act 2001

Management of the Scheme - Work Account

179: Process for Corporation to decide whether to require audit

You could also call this:

"How ACC decides if they need to check your workplace safety"

The Corporation starts the process by sending you a notice. This notice tells you that they think there's a problem with your workplace safety. They explain why they think this and tell you that they want to talk about your safety practices. The goal is to decide if they need to check your safety practices more closely.

The notice also warns you that if your safety practices aren't good enough, or if you don't let them check, you might have to pay more money.

After you get the notice, you and the Corporation talk about your safety practices. You both think about whether you should check your own safety practices, if the Corporation should help with this, or if they should help you understand how to make things safer.

During this talk, the Corporation must give you a fair chance to explain your workplace's safety situation.

When you're done talking, the Corporation decides if they need to check your safety practices more closely. They then let you know what they've decided.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102423.

Topics:
Work and jobs > Workplace safetyHealth and wellbeing > Healthcare services
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178: Criteria for upward adjustment of levies, or

"How ACC can raise fees for employers with more worker injuries than usual"

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180: Effect of audit or refusal to allow audit, or

"What happens when your workplace is checked or if you don't let it be checked"

Part 6Management of the Scheme
Work Account

179Process for Corporation to decide whether to require audit

  1. The process in this section is initiated by the Corporation giving the employer a notice stating—

  2. that the Corporation is satisfied of the matter specified in section 178(1); and
    1. the Corporation's reasons for its statement under paragraph (a); and
      1. that the purpose of the process is to decide whether or not the employer's safety management practices should be audited under section 180; and
        1. that the Corporation and employer are required to enter into a dialogue about the standard of the employer's safety management practices; and
          1. that failure to reach the standard required by the audit or to allow the audit to take place may result in an upwards adjustment of the employer's levies.

            1. After the notice is given, the Corporation and employer must enter into a dialogue about the standard of the employer's safety management practices.

            2. As part of the dialogue, consideration must be given to whether—

            3. the employer should initiate a self-audit of its safety management practices:
              1. the Corporation should assist in such an audit:
                1. the Corporation should assist the employer to understand the need to improve, and the ways to improve, the employer's safety management practices.

                  1. As part of the dialogue, the Corporation must give the employer a reasonable opportunity to explain and comment on the health and safety situation in the employer's workplace.

                  2. When the Corporation and the employer have concluded the dialogue, the Corporation must—

                  3. decide, on the basis of information it has gathered, whether the employer's safety management practices should be audited under section 180; and
                    1. notify the employer of the decision.