Your right to health and safety at work

Communities rely on your wellbeing. It’s okay to put your safety and health first. Everyone has a right to health and safety at work – including health workers. Your union is with you as you navigate these pressures.

Health and safety at work requires all of us to take action. Unmanageable workloads can significantly affect whānau, mental, physical, and spiritual health.

The Health and Safety at Work Act protects your rights. It says your employer holds the biggest part of the responsibility to keep your workplace safe. They must provide a safe work environment and actively prevent people there getting sick or injured – including workers and patients.

The Act says you have the right to stop or refuse work you think is unhealthy or unsafe. Your employer can't punish you for using that right. It says it’s your responsibility to raise things affecting your health or safety by telling a Health & Safety Rep, union delegate, or manager. You need to take reasonable care of your own health and safety, including following instructions, policies, or procedures.

If you’re a nurse or Allied health worker in Community Mental Health, there are specific escalation pathways you can take in the event of an acute staffing shortage. Check out the resource at the bottom of this page for information on what to do.

Te Whatu Ora has recognized significant risks to their Wellbeing and Psychosocial Risk Program related to organizational change, wellbeing resourcing, and knowledge of psychosocial risks in the organization. That means they’re aware of the health and safety risks from things like stress caused by restructures, lack of resources to respond early to kaimahi wellbeing concerns, and the effects of your mahi on your mental health. If your wellbeing is being affected by any of these things, it’s important you report it so they accurately monitor and respond to what’s going on.

Check your Collective Employment Agreement and workplace policies for more information specific to your mahi and where you work.

If in doubt, contact the PSA for guidance. When you reach out early, we can help resolve things at a local level. Remember - it's okay to take care of yourself, so then you can look after others. Your union is here to support you.

If you’re asked to take on extra work when you’re at capacity, here’s what you can do:

It’s okay to say “no.” Professionally and politely say “no sorry, I’m at full capacity. I can take on this extra work if you tell me what to deprioritize today that takes the same amount of time.”

You know the amount of time that it takes you to do your normal tasks. Each task is usually allocated an amount of time. The differed work should match the amount of time as the new work you’re taking on.

If you’re asked to do ongoing extra work, there must be a conversation about what won’t be done early on. If you take on extra work without reducing other mahi it will potentially create an unreasonable expectation that your new workload is manageable. Record your conversation by sending an email summarizing what new work you've agreed to take on, and what work you’ve agreed to defer.

Taking on extra work without differing anything is an unreasonable expectation – especially if it means voluntary overtime. If you can’t reach agreement with your manager, contact the PSA.

If your workload is causing you stress or impacting your wellbeing, you need to file a Datix or Safety First incident form as a ‘near miss’. You can file a health and safety incident form for each day your workload is not achievable. If you don’t document your concern, there’s a risk your workload issues won’t be addressed.

Remember to take your breaks. When you can’t, there’s power in filing a Datix or Safety First incident form. There’s power in saying ‘no’ to unsafe workload, and there’s power in checking in on your workmates.

How to recognize when your workload increasing

It can be hard to keep track of changing expectations of your workload. Sometimes the creep is slow as the volume of your work, your duties, or your caseload increases. We recommend writing responses for yourself to these questions and making time to regularly review them – especially in times of organizational change.

What are my normal duties?
How long do my normal duties take?
What have I been asked to do that’s supplementary to, our outside of, my normal duties?
How long do those extra duties take?
What has been agreed that I defer, deprioritize, stop doing, or delegate?
How often do I finish my agreed daily hours having completed my tasks?
How often do I need to work overtime, skip breaks, or take on stress to complete my tasks?
How do I feel when I get home from work?
What action do I need to take?

Keeping a written record of this information and how it’s changing will help you decide what action you need to take. It will support any conversation you might have with your manager.

Helpful resources:

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