Workplace Safety Overhaul Risks Another Tragedy

Fifteen years on from the Pike River disaster, where 29 men lost their lives in a preventable explosion on the West Coast, New Zealand's workplace safety laws are under the knife again. That 2010 tragedy exposed a system riddled with weak regulations, underfunded oversight, and corporate shortcuts that turned a mine into a death trap. Ignored methane warnings, no proper emergency exits became a failure written in blood. The royal commission's findings led to the Health and Safety at Work Act 2015 (HSWA), a hard-won reform meant to prevent history repeating. Yet here we are in 2025, with Workplace Relations and Safety Minister Brooke van Velden proposing changes that could unwind those gains. It's concerning, deeply so, because both the current coalition and the previous Labour government share the blame for letting our safety net unravel.

Van Velden's reforms, announced in waves through 2025, aim to "cut red tape" and refocus HSWA on what she calls "critical risks"—those leading to death or serious injury. Small, low-risk businesses like cafes or offices would get exemptions from general duties, sparing them from what the government labels "tick-box" compliance, such as reminders about handrails or hot water temperatures. WorkSafe, the regulator born from Pike River's ashes, would shift from enforcement to offering more "advice and support" to businesses, while putting greater emphasis on worker breaches, like not wearing protective gear. There are sector-specific tweaks too: easier rules for construction machine guarding, agriculture quad bikes, and transport fatigue management. Approved Codes of Practice would carry more weight as "deemed compliance," and a hotline for reporting "silly" rules, like excessive road cones, rounds out the package. The coalition argues this will slash compliance costs by 20-30% for small firms, boosting economic growth without compromising lives. Implementation kicks in from 2026, with a full HSWA review by mid-year.

But let's be clear: these changes raise serious alarms. Narrowing the Act's scope ignores the everyday harms that build up over time—mental health strains, repetitive injuries, or minor slips that escalate into something deadly. Exempting small businesses is particularly worrying, given that 80% of workplace fatalities occur in small and medium sized enterprises (SMEs). WorkSafe's pivot to one of an advisory role, could create a culture where inspectors hesitate to act, especially with ongoing underfunding leaving fewer resources for genuine threats. And the focus on worker accountability? It's a distraction—HSWA hasn't prosecuted a single worker yet, so why pretend that's the problem? Critics, including unions like the CTU and E tū, warn this echoes the pre-Pike Mine era: broad laws with a lackluster regulator. The families who lost loved ones in this tragedy have called it a step backward, risking another catastrophe. New Zealand's safety record remains disgraceful—fatality rates 25% higher than Australia's and 40% above the UK's, with over 40 deaths a year. Fifteen years post-Pike River Mine, there's been no real improvement, and these reforms could make it worse.

At the heart of this is the Robens model, the framework underpinning HSWA. Drawn from a 1972 UK report, it promotes performance-based self-regulation: employers manage risks "so far as reasonably practicable," with a strong regulator providing guidance, enforcement, and worker input over rigid, prescriptive rules. It's meant to be flexible, covering all workplaces and focusing on outcomes rather than box-ticking. Pike River Mine showed its flaws when applied too loosely—too much trust in businesses, not enough backup from the state. The 2015 Act added muscle, like director liability and mandatory worker participation, to fix that. Van Velden's changes, however, dilute the enforcement side, tipping the balance back toward unchecked self-regulation. It's concerning because Robens only works with real accountability; without it, we're inviting the same vulnerabilities that doomed those 29 miners.

The real frustration? This isn't just on the coalition. Both sides of the political divide have blood on their hands. Labour, in power from 2017 to 2023, championed HSWA but then starved WorkSafe of funds—slashing 113 jobs in 2023 alone to "balance the books." They stalled the 2018-2028 safety strategy, failed to introduce corporate manslaughter laws despite Pike River inquest recommendations, and left gaps in addressing psychosocial risks like workplace stress. It was all rhetoric, no delivery, setting the stage for the coalition's deeper cuts. Now, under National, ACT, and NZ First, van Velden's "red tape" agenda prioritises business ease over lives, shifting blame to workers and further defunding enforcement. ACT's libertarian streak treats safety as bureaucracy, not a lifeline. The result: a bipartisan failure where the Pike's River Mine lessons fade, and our workers pay the price.

If we want a fair go for those on the frontline—miners, farmers, builders—we need to fund proper oversight, not dismantle it. Otherwise, the next disaster won't be a surprise; it'll be a sequel we all saw coming.