Findings

Distribution and use of the Guidelines

Most respondents had not distributed copies of the Guidelines throughout their organisation. This may be due to the vast majority of respondents having less than 10 FTE volunteers or employees. However, this may mean that volunteers and employees are not aware of their rights and obligations if they have not seen the booklet or any other information. It may be beneficial to provide removable fact sheets that can be copied and distributed to the organisation's workforce as a quick reference guide. This would also ensure that information distributed about their legal situation is reliable and consistent.

The response from voluntary organisations indicates that the Guidelines are being used as intended. For example, respondents noted that they used the guidelines for advice in particular situations or when adapting current existing policy, such as creating incident reports, during identification and elimination of hazards, and writing hazard plans. Additional information on safety on the marae such as during hui already exists in electronic format as a fact sheet(2). This fact sheet may be inserted into the text of the Guidelines.

(2) Fact sheet: Volunteers on Marae. Issued 7 May 2003. pdf file [size: 41KB]

The areas causing most concern were legal obligations, duty of care and liability. This is possibly due to recent publicity about a criminal negligence case taken by the Police regarding an accident during a cycle race. The exact nature of an employer's obligations is a common concern. Therefore it is important to highlight extra information resources and advice that are available for individual cases. It may be worth considering incorporating other legal duties into the advice, such as the Crimes Act or the Employment Relations Act.

The majority of respondents were small organisations with a mixed workforce of paid and volunteer staff. Therefore legal obligations would apply such as taking all practicable steps, as well as some parts of employee participation provisions. In fact of the 157 respondents, just 16 (10%) would have only best practice duties and no legal obligations towards their workforce.

It is interesting to note that many organisations received their copies from OSH sources and have had contact with OSH through various websites. This may suggest that umbrella organisations are not widely distributing the guidelines and that voluntary organisations are utilising the various communication channels that OSH provides.

The level of distribution of guidelines within organisations was also low, although this may be attributed to the small workforce numbers, or that organisations are using the Guidelines at management level.

Language, format and tone

Regarding the language used in the Guidelines, it is important to retain a balance between clear, understandable and unambiguous language while correctly interpreting and summarising the legislation. Three respondents specifically commented on the tone being too legalistic or dry. Therefore it may be worth reviewing the language to ensure it is appropriate.

The changes suggested by respondents to make the Guidelines more 'reader friendly' such as increased spacing within the text, possible illustrations and producing alternative language versions (as printable electronic versions), are also worth consideration.

Examples, definitions and concepts

Respondents were largely satisfied with the examples and definitions contained in the Guidelines. It is necessary to retain the generic nature of the Guidelines to avoid being too specific to certain situations and excluding others. This information is intended for use by organisations when working out their legal obligations and rights. It is therefore important that OSH contacts and additional resources are retained in the Guidelines, and that these contacts are clearly signposted on websites. This additional support is preferable to attempting an exhaustive list of situations or case studies.

The demographic profile indicated that most respondents were smaller organisations undertaking work in office or 'business' settings, as opposed to, for example, farms or construction sites. These 'support service' organisations typically have fewer resources than larger organisations, and often involve visiting people in their own homes. It may be appropriate to provide additional information on these 'office' hazards and advice on safety in homecare situations.

One respondent requested information on obligations for volunteers and employees, not just organisations. It should be noted that there is already a section titled 'keeping yourself safe' in the Guidelines, which outlines rights and duties. The main focus of the guideline is the obligations of organisations, as this is consistent with the legislation where the primary onus is on the employer to provide a safe workplace.

Summary of Findings

Feedback from the 157 respondents was generally positive about the Guidelines, and responses indicated that the Guidelines were being used as intended. It was also pleasing to note that most respondents were from the target audience: small organisations with a mixture of paid and voluntary staff from a wide range of work areas, that typically lack the internal capability to manage their legal obligations.

Respondents indicated that the tone and language was appropriate. On the whole, they found the 'best practice' structure and the legal definitions and examples clear and useful. Respondents reported using the Guidelines for updating or formalising current practices, or for particular situations such as understanding the stress and fatigue provisions or first aid obligations.

However this evaluation highlighted that many people remain unsure about the exact nature of their obligations and this uncertainty may lead to unnecessary concern. There was also confusion about distinguishing between obligations of volunteers and obligations of employers. Respondents were also less positive about the Guidelines' usefulness in reducing compliance costs.

It is recommended that:

• the Guidelines should be reviewed to ensure it sufficiently distinguishes between obligations of volunteers and those of organisations;
• the generic approach of the advice about obligations should be retained, but it may be advisable to include some additional information on specific hazards; for example Visual Display Units, stress and fatigue, mobile workers, and health and safety on the marae;
• the Guidelines should be reviewed by Communications and Publishing, to ensure the language, tone and format are still appropriate; and
• the legal information should be reviewed to ensure consistency with other OSH information, and for clarity.

This evaluation has also highlighted a number of minor changes that could improve the Guidelines. It is further recommended that:

• the Publishing Unit reviews the format and advises on producing alternative language versions, perhaps electronically;
• the Website Administrator ensures the Guidelines are well signposted on the website, as well as cross referenced in other information sources;
• 'removable' fact sheets for volunteers and employees outlining their rights and obligations are inserted into the Guidelines. These may be photocopied for distribution within organisations; and
• 'removable' sample hazard identification sheets, incident report sheets and sample health and safety policies are inserted into the Guidelines.

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