NZ industry pushes back on new ACOP

WorkSafe is currently completing a full review of the Approved Code of Practice (ACOP) for Safety and Health in Forest Operations.

The ACOP, often referred to as the “Bush Bible”, was established in 2012 under the Health and Safety in Employment Act 1992. Developed with extensive industry input, the original ACOP was built on decades of forestry knowledge. As such, it has been a well-understood and highly valued resource by forestry.

The current update is required as the ACOP predates the current Health and Safety at Work Act 2015 (HSWA). WorkSafe has indicated the new ACOP will be a more comprehensive revision. An initial draft released in January introduced several major changes:

• Mandatory instructions were largely replaced with recommendations.
• The document adopted a new chapter format and tone.
• It was restructured to target Persons Conducting a Business or Undertaking (PCBU), a significant shift from the existing ACOP, which focuses on workers and employers.

Industry has pushed back strongly on this iteration of the ACOP, voicing concerns that the revised version is unclear, repetitive, vague and lacked a proper consultation and review process.

The Forest Owners Association (FOA), Forest Industry Contractors Association (FICA) and the Forest Industry Safety Council (FISC) has met with WorkSafe several times to advocate for a more practical, industry-aligned document. These discussions emphasised the importance of having the right people involved in shaping the document and the need to extend timelines to allow for meaningful industry participation.

Most concerning is the lack of clear rules, which are open to interpretation or could inadvertently support unsafe work practices. Forest owners may end up needing to develop additional internal clarifications and policies as a result.

The FOA and FICA are advocating for stronger language to be reinstated in the document to provide clear, enforceable guidance for workers and PCBUs. While WorkSafe has stated that such language is not possible under the HSWA, they remain open to working with the industry to improve clarity.

In response to industry concerns, WorkSafe has agreed to extend timelines and restart the revision process. On 4 March, they confirmed:

• The revised ACOP will be aimed at PCBUs, as it outlines their responsibilities under the HSWA legislation.
• WorkSafe is committed to working with the forestry sector to develop guidance that is up-to-date, relevant and practical.
• WorkSafe has heard the industry’s concerns about the shift in language and is making changes to strengthen the wording where possible.
• Under the current legislation, other practices can be used to comply with the legal duties in the ACOP as long as they are equivalent to, or higher than, the standards set out in the ACOP. So ‘must’ is used to indicate where an action is required by law.
• Courts can rely on an ACOP as evidence of whether a health and safety duty or obligation has been complied with

A new round of targeted workshops was held to ensure the technical content is accurate. These workshops were scheduled for 19–25 March. Once the technical content is updated, a draft ACOP will be released for public consultation in April. 

Source: The Forest Owners Association (FOA)