Purpose and Application of these Terms and Conditions
Conflicts of Interest
1.
14.
These Terms and Conditions define how WorkSafe New Zealand
(WorkSafe) and your business will conduct the Self-Assessment phase of
the Safety Star Rating Scheme (SSRS) pilot (Pilot) together. They must be
agreed by your business for you to participate in the Pilot. Agreement is
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acknowledged when an authorised representative of the business
completes and signs the section at the end of this document and returns
a copy to the the SSRS programme team (SSRS Team).
We each will use our best endeavours to avoid any actual, potential or
perceived conflicts of interest. As needed, we will disclose any conflicts
to each other and, where necessary, work together to manage them.
Membership of other workplace health and safety incentive programmes
15.
Participation in the Pilot does not affect any membership you may have
of any other workplace health and safety incentive programme (for
example, ACC’s AEP3, WSMP4 and WSD5 or any ISO6 health and safety
programme). You agree to notify us if your membership status in such a
programme changes while you are participating in the Pilot.
2.
Because it is a Pilot, there may be circumstances where it is necessary to
amend these Terms and Conditions. WorkSafe will discuss any proposed
changes with you and seek your agreement to the changes being
implemented.
3.
The Terms and Conditions are not intended to provide guidance on
procedural detail such as how assessments will be undertaken or what
information businesses need to provide the Pilot Assessors (Assessors).
Such information is available on WorkSafe’s website:
WorkSafe’s regulatory responsibilities
http://www.business.govt.nz/worksafe/about/what-we-do/the-safetystar-rating-scheme
Health and safety issues at the Business
16.
While participating in the Pilot your business remains open to
WorkSafe’s normal Inspectorate activities.
17.
During your participation in the Pilot, the SSRS Team may be made aware
of a health and safety issue (hazard, practice, behaviour or risk) at your
business. Such issues will be considered on a case by case basis taking
into account all known circumstances including their nature and
seriousness. The SSRS Team will notify you of its concerns, give you
reasonable opportunity to provide feedback or take action, and clearly
communicate to you any decision made and any implications for your
ongoing participation in the pilot.
How we will work together
4.
We will work collaboratively with each other, interacting in a
professional, open and honest manner.
5.
Where either of us has an issue or concern, we will raise it with one
another as early as possible by phone or email, giving the information
needed to effectively consider, manage or respond to the matter.
Self-Assessment Report
Costs
6.
There is no fee for participating in the Pilot. We will each be responsible
for our respective costs arising from your participation
18.
Following completion of the Self-Assessment, you will receive a SelfAssessment Report from the SSRS Team. This will include guidance or
other information.
Information collection and management
7.
The open sharing of information about your business is critical to the
success of the Pilot. You agree, therefore, that WorkSafe may collect and
use your Self-Assessment information to further the objectives of the
Pilot, which include: supporting improvements to health and safety at
your workplace(s); improving the design and delivery of and evaluating
the Pilot; and sharing learnings, best practice and case studies.
8.
WorkSafe will use due care in collecting, storing and using all information
about your business including any personal information obtained.
Information that WorkSafe holds is subject to the Official Information Act
1982 and Privacy Act 1993. Normal access to confidential information2
may be restricted due to legal professional privilege, commercial
sensitivity, or for other reasons requiring the information to be protected
from disclosure.
9.
The SSRS Team will obtain your agreement before referring to your
participation in the Pilot by name in any publicly-focussed
communications, publications, statements, and promotions. Such
reference is likely to be rare (if it occurs at all).
10.
Unless there is a good reason not to, the SSRS Team will anonymise any
personal information collected and included in any report to ensure that
individuals are not identified.
Second assessments
19.
Given the time and resource commitments of the Pilot, we ask that you
only undertake one Self-Assessment.
The Pilot Standards
20.
The Government has not made a decision on the future of the proposed
SSRS. Accordingly:
a.
Participation in the Pilot will not confer any ‘Safety Star Rating’
status; and
b.
You may not make any communications, marketing or promotion
to the effect that you are a member of the SSRS, or in any way
been successfully assessed, rated or approved under the SSRS or
the Pilot, or have been found to be operating at any particular
level of health and safety performance as a result of any
assessment of your business undertaken through the Pilot.
Agreement to Terms and Conditions
For and on behalf of the business:
Insert name of business
11.
WorkSafe owns all records, notes, reports and other documentation
created by it for the Pilot. It also owns the Intellectual Property rights in
the Scheme and the Pilot Standards (the Standards).
12.
WorkSafe encourages you to use and share relevant Pilot documentation
within your business. You may not, however, amend, redact or alter the
contents of any Pilot assessment report provided to you.
I agree to these Terms and Conditions.
13.
By signing these Terms and Conditions, you also agree to participate in
our Pilot evaluation. Subject to any legislative or other overriding
requirements, your responses will be kept confidential or anonymised.
__________________________________________________
Signature
I authorise
to participate in the Self-Assessment phase of the Safety Star Rating Scheme pilot.
Name:
______________________________________
Position:
______________________________________
Date:
______________________________________
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‘Authorised representative’ is the Chief Executive (CE) of the business, or other person
with delegated authority from the CE or Executive of the business to act for and on behalf
of the business in respect its participation in the Safety Star Rating Scheme (SSRS) pilot.
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‘Confidential Information’ is information that: (a) is by its nature confidential; or (b) is
marked by either Party as 'confidential', 'in confidence', 'restricted' or 'commercial in
confidence'; or (c) is provided by either Party or a third party 'in confidence'; or (d)
either Party knows or ought to know is confidential; or (e) is of a sensitive nature or
commercially sensitive to either Party.
WORKSAFE NZ-29762888
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Accredited Employer Programme
Workplace Safety Management Practices
Workplace Safety Discounts
The International Organisation for Standardisation
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