Code of Practice Review
Code of Practice Review
After consultation with the Department of Labour, a small steering committee was set up at the last EWPANZ executive
meeting to devise a framework for the review of the Code of Practice. After much discussion it was agreed that a set of Best
Practice guidelines were to be drafted, distinctly applicable for the specific industries involved with EWP‟s. While a "Code of Practice‟ has priority in law - in that the Act especially allows for them, Section 6 enables a „Best Practice Document‟ (BPD) to have more weight. The law requires that all practicable steps be taken (to ensure safety) (regardless of what a code may say - based on the current state of knowledge). If those steps are expressed in a recognised „Best Practice Document‟ then this will likely have greater weight in court.
A "Code of Practice‟ takes a great deal of constructing and wouldundergo a complex procedure to become authorised. A BPD is
easier. Once a „Code‟ is approved, it is locked in. The same procedure that is needed to have the code approved is required
for any amendment. This is not true of a BPD. Codes can becomeout of date quickly where there is a rapid technology change applying to the machinery that is the code's subject. The current code, for example, is out of date.
The DOL and EWPANZ are keen to hear from all industries. Wide consultation will be sought so that each area is covered in the review. DOL wishes to see “industry leadership of the review” and “sees itself as a participant rather than an authority that sets down the law” (Rex Moir, DOL).
Roger Mortlock (Standards NZ), said that “each industry is different and each design format of machine different. Each machine is designed for the hazards in its own industry and you could never write something that takes into account all industry.” This is why Best Practice provisions for each industry are important.
Insurance companies have become a lot more interested in the certification of machinery with regard to public liability. Insurance companies are unlikely to pay out if machines have not undergone all relevant certification.
