Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Worst Forms of Child Labour Convention, 1999 (No. 182) - New Zealand (Ratification: 2001)

The Committee notes the observations of Business New Zealand and the New Zealand Council of Trade Unions (NZCTU), communicated with the Government’s report.

Articles 3(d) and 4(1) of the Convention. Hazardous work. Minimum age for admission to hazardous work. The Committee previously noted the Government’s indication that children under 18 years cannot work in any restricted areas of licensed premises such as bars, licensed restaurants or clubs. However, it noted that, by virtue of section 54(d) of the Health and Safety in Employment Regulations of 1995 (HSE Regulations), hazardous work was prohibited for children under 15 years of age. It further noted the Government’s statement that although according to the existing law, the specific legal restrictions on certain types of work were only applicable to children under the age of 15, children between the ages of 16 and 18 were protected by the general requirements of workplace health and safety legislation, which provides protection to all workers, regardless of age. The Committee also noted the reference made by the NZCTU to the findings of the Youth 2000 National Youth Health and Wellbeing Survey (Youth’12 survey), indicating the work-related accidents and injuries, some of which were fatal, caused to young persons under 18 years. Moreover, it noted the data of workplace fatalities from 2013 to 2015 of WorkSafe New Zealand, which indicated that of the 119 fatalities, 14 were children under the age of 18 with the majority occurring in the agricultural sector. The Committee recalled that Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), addresses the possibility of authorizing the employment or work of young persons in certain types of hazardous work as from the age of 16 under strict conditions that their health and safety be protected and that they received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee, referring to the 2012 General Survey on the fundamental Conventions, paragraph 380, emphasized that measures should be taken to raise the minimum age for admission to hazardous work to 16 years, even if the required protective conditions were adequately provided.

The Committee notes the statement made by Business New Zealand that the statistics on workplace injuries and fatalities do not necessarily relate to the employment of children and young persons. On the contrary, in a number of instances the injured person was not an employee but someone present at the workplace to whom an accident occurred. It also notes the NZCTU’s statement that it maintains its previous comments as there has been no change in the position of the law.

The Committee notes from the Government’s report that the Health and Safety at Work Act 2015 (HSW Act) has been adopted and came into effect in April 2016 along with nine sets of supporting regulations on health and safety in specific sectors. The Committee observes that the HSW Act and some of its regulations apply to workers in general and do not contain any specific provisions for the health and safety of young workers while some others provide for specific restrictions on certain types of work for children under the age of 15 or 16 years. For example, sections 43–48 of the Health and Safety at Work (General Risk and Workplace Management) Regulations, 2016 (which amended the Health and Safety in Employment Regulations, 1995), require the person conducting a business or undertaking (PCBU) to ensure that no worker under the age of 15 years carries out or be present in any area of the workplace where: goods are manufactured or prepared for trade or sale; construction work is carried out; work related to logging or tree-felling is carried out; hazardous substances are manufactured, used or generated; or while night work is prohibited to persons under 16 years of age. Furthermore, workers under the age of 15 years shall not be required to lift heavy weights or perform other harmful tasks, or work at or with machinery. The Committee also notes the statistical information provided by the Accident Compensation Corporation which indicated that a total of 5,985 work related claims were recorded for persons between 15 and 18 years in 2016 and 6,448 such claims were recorded in 2017.

The Committee further notes the Government’s information that it is in the process of undertaking an extensive multi-year work programme to reform New Zealand’s health and safety system, aimed at reducing workplace injury and death by 25 per cent by 2020, recognizing that young workers are more vulnerable to health and safety risks. In this regard, the Committee notes with interest the Government’s statement that, within the framework of this reform, it is envisaged to review the regulatory frameworks for young persons in relation to hazardous work, while considering raising the current age for admission to hazardous work from 15 to 16 years and to assure the safety of young persons below 18 years by seeking to provide training and supervision for young persons of 16 years in high risk work. The Committee expresses the firm hope that the Government will continue to take the necessary measures, without delay, to ensure that the current review of the regulatory frameworks for young persons will take into consideration relevant international standards, in particular Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), relating to the requirement that employment or work as from the age of 16 be authorized on condition that the health, safety and morals of the children concerned are fully protected, and that the children have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on any progress made in this regard.

Article 4(1) and (3). Periodic revision of the types of hazardous activities. In its previous comments, the Committee had noted that the report of the Department of Labour (DoL) entitled Schoolchildren in paid employment – A summary of research findings identified the construction, agriculture and hospitality industries as posing the most risk to young workers, as well as some other types of work which are dangerous to young persons by volume, such as working in shops (including petrol stations and supermarkets) and working in restaurants, takeaway outlets and other eateries. It also noted the statement made by the NZCTU, with reference to a report by the Child and Youth Mortality Review Committee of 2014, that hazardous work on farms, including riding and using quad bikes and agricultural machinery, must be restricted in the interests of the safety and welfare of children.

The Committee notes the Government’s information that as part of the review of the regulatory frameworks for young persons, types of hazardous work for young persons will be assessed and a revised list, including work in plants, work with machineries and vehicles (including tractors and quad bikes), will be established. The Government further indicates that the review will be carried out in consultation with the representative organizations of employers and workers and that the formal consultations are expected to begin by mid-2018. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the revision of the regulatory framework for young persons will result in the adoption of a concrete list of types of hazardous work prohibited to young persons, including work in plants, work with machineries and vehicles used for agricultural purposes as well as certain types of work in the agricultural, construction and hospitality industries, as identified by the report of the Department of Labour. The Committee requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that all work-related fatalities are investigated with the objective to establish the key facts relating to the cause of the event as well as to determine the immediate and underlying causes of the event, ensure action by the duty holder(s) concerned in order to prevent a recurrence of the event, and to determine any breach of the relevant law. The Committee notes from the Government’s report that according to the statistics from Worksafe New Zealand, nine incidents of work-related fatalities of children were notified from 2015 to the present including children from the age of 3 to 17 years. However, the Government states that these cases include not only children who are at work but also children present as bystanders in a workplace at the time of the incident. The Committee further notes the Government’s information that it is currently working towards the next Youth Health and Wellbeing Survey on the types of work, hours, employment conditions and workplace safety covering all children and young people. The Committee expresses the firm hope that the Government will undertake the Youth Health and Wellbeing Survey in the near future, covering all children and young persons so as to better understand their working conditions and health and safety outcomes. It requests the Government to provide information on the results of the survey which, to the extent possible, should be disaggregated by age and gender.