ACC Attributes
Up ACC Attributes ACC Questions

 

There are a number of specifics problems addressed on this page and if you have any other excuses or questions that you may like to forward please email us on  compo@xtra.co.nz or phone us at our Christchurch Head Office on 03 3488 506.

Do you have an approved safety system?

Workers Compensation is back - You must act now!

This page gives some typical responses that we recieve when we call on businesses to offer our services or when offering to assist organisations with Injury Prevention Systems. We gathered up the typical excuses and questions that we asked and have given realistic explanations of the requirements and needs for approved Safety Systems to enable the self employed,  companies and organisations to save the greatest amount of money on Workers Compensation Insurance now that there is a real need to prove HOW SAFE YOU ARE!

  1. What is an approved system?
  2. Some Common Misunderstandings
  3. What ACC deregulation means
  4. Our Solution to your Problem
  5. The current ACC payment
  6. Options and choices
  7. Are there really 7 payments to ACC ?
  8. Can you save up to 50% of ACC?     
  9. "I have not had an accident for about 20 years"  
  10. "I have good Accountants, top flight Lawyers and the best Broker"
  11. "Don't worry about it as we have Directors & Officers Liability"
  12. "There will be a change of Government. This will all go away"
  13. "Don't worry about OSH fines"
  14. "Is it really worth the effort of doing all this stuff?"
  15. Getting up to 200% return on a management system
  16. How a system is completed
  17. How an update is completed
  18. Please let us help you

 

1. What is an approved system?

An approved system can be audited by an external auditor to the approved International Standards e.g. A/NZS 4804 and 4801
There are about 50 steps that need to be considered
It is highly probable that the Insurance Companies will require attributes and will not rely solely on past performance
There could be about 12 essential attributes

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2. Some Common Misunderstandings

"We have an approved OSH system"
A 3 step OSH system does not meet all of the legal requirements and is only a starting point
"We have had an OSH audit"
An audit does not constitute a defence and does not qualify for safety certification on its own
"We have a Building Warrant of Fitness"
A Building WOF under the Building Act 1991 only relates to that Act

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3. What ACC deregulation means

There will be options and choices
All employers since 1 / 4 / 98 have been on the same footing and this means that small employers will from now on face loadings (penalties) just like large employers have for many years
To do nothing will mean substantial increases in fees and the probability of major fines

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4. Our Solution to your Problem

We sell, install and maintain high quality safety systems that are tailored to the individual requirements of each customer
These produce major financial cost benefits in the new environment
In addition, our training helps reduce the number of workplace accidents by about 70% on average
Our programmes also act as a reliable form of legal defence in the event of an OSH safety prosecution, or a litigation under other acts

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5. The current ACC payment

Officials believe that up to 75% of injuries are not reported to OSH and perhaps about 50% of serious injuries are not referred to ACC
The present ACC system payments may only meet about half of the real cost of accidents
The present ACC scheme only collects enough money for the current year - ie not for the whole cost of each injury (they often go for years)
The shortfall is about 40% of the real costs or approximately $584m per annum
This is referred to as the wag of the tail that must be paid for in coming years

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6. Options and choices

You cannot afford to do nothing - unless you are a sole trader - in which case you can stay with ACC
Every other employer MUST make a choice to either go with the ACC "Newco" or a private insurance scheme
Employers will take out cover effective 1 July 1999 for between 8 months and 18 months
Staff must be notified of the details of the insurance cover
Failure to make logical decisions will almost certainly mean extra costs and huge penalties

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7. Are there really 7 payments to ACC ?

  1. for 1999 there will be the second last lot of the present system (this is payments in arrears),
  2. plus the wag of the tail at 65c in the $100 (15 years of these to come),
  3. plus there will be an interim payment for the three months between 1 April and 1 July and this will average $1.84 per $100, per annum
  4. Then on 1 July there will be the first of the new system (paying for the future)
  5. In the year 2000 there will be the last of the present system (registered employers after 1980)
  6. plus the wag of the tail plus
  7. the second lot of the new system

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8. Can you save up to 50% of ACC?

Only very large companies can save up to 50% of the contestable part of premiums (ie the portion that can be refunded each year)
It is possible however, for a typical medium sized employer to save up to 50% of the total of - accident costs & premium costs
This can only be achieved by way of putting in place proper systems and procedures
Statistical evidence is available to show that the average employer (3-5 staff) would have one serious accident about every 3 years

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9. "I have not had an accident for about 20 years"

This would have been the most important criterion under the old system
Under the new system the record of the past is only one factor
No insurer with international experience is likely to give out a very low premium policy on the understanding that you have not had accidents for 20 years
The intelligent insurer will be looking for attributes such as risk management, proper management system, external auditing, staff training, hazard management and company doctor and staff appointment policies etc

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10. "I have good Accountants, top flight Lawyers and the best Broker"

These professionals are unlikely to have adequate knowledge in what is now a highly specialised field, requiring expertise
It may be possible for professionals to facilitate special packages for groups of employers that pledge to meet strict performance standards
They will need to meet special conditions such as acceptance of part of the risk and will need to do their own claims management
WARNING! Be careful when selecting an insurance broker. You must select an insurer who will be able to survive financially.
The Government expects some brokers & insurers to fail (their clients will pay for it)

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11. "Don't worry about it as we have Directors & Officers Liability"

This type of insurance has a place for certain risks and duties of Directors and Officers under the Companies Act
Some employers have taken out this type of cover for the Safety legislation
The Solicitor General has warned that this type of insurance is unlikely to work in Court for Safety legislation as this would be to defeat the intention of Parliament
It would be like allowing people to take out insurance to cover speeding fines

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12. "There will be a change of Government. This will all go away"

Problems with the present system must be attended to - no Government can ignore them
There must be collection of the wag of the tail by whichever party is in power
We do not know of a single Government service that once privatised, has been centralised again
ACC and Newco will continue to compete even if the private insurers are thrown out by a change of Government
If the private insurers are thrown out by a new Government, they will probably seek full compensation and litigate to sue for all their costs - and loss of opportunity

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13. "Don't worry about OSH fines"

The current OSH fines are only up to $100,000 but in NSW they have now been increased to $750,000 for a second offence
The Hazardous Substances legislation for NZ now has a maximum of $500,000
The fines under the ACC Amendment Act will be up to 2.5 times the normal premium for those who forget and up to 5 times for those who deliberately forget to arrange cover
Litigations in NZ are now three times as common as OSH fines and range from $100,000 up to $7m each

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14. "Is it really worth the effort of doing all this stuff?"

You firstly need to agree that these changes are for real and that they will adversely affect all companies that don't want to know about safety
Companies that qualify for very low premiums and who decide to then forget about it will then go into the normal bracket or into the bad bracket
The very low premiums are likely to be 1-3% of payroll
The normal premiums are likely to be 4-7% of payroll
The bad luck premiums are likely to be 8-15% of payroll

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15. Getting up to 200% return on a management system

Business people seek a return on their investment
A high return can only be achieved by meeting all the legal requirements and by having proper systems and procedures
Summit Systems Ltd clients normally enjoy a high return on their investment. The return is normally within two years of installing a system
After that there is usually an even greater return on investment when clients do annual updates
Annual costs will be a few hundred dollars and the on-going reductions in ACC and workplace insurance should be many hundreds of dollars

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16. How a system is completed

The Consultant arranges with the client for a three to four hour visit. During this visit there will be completion of licence agreement (5 minutes) plus data set of 50 questions (90 minutes) plus site audit (60-120 minutes)
The Consultant then arranges for another visit about a month later and in the meantime the information is processed by Head Office and certification is arranged
The Consultant confirms the visit to complete the training of all staff and managers. The training session is usually about 1 -2 hours

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17. How an update is completed

A Consultant confirms the appointment - the cost was estimated at the time of doing the system and formed part of the licence agreement
It usually takes about one hour to go through the Summit Systems Safety Performance Audit (40 questions to check up on compliance standards)
It usually takes 1-2 hours to complete a site audit
There will also be a short training session of say 30-60 minutes with staff to deal with any safety and insurance issues
Total time is between 3 hours for small sites to say 6 hours for large sites. The hourly rate varies between $70 and $130

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18. Please let us help you

Summit Systems Ltd has top quality compliance systems that can be installed in about 2 hours of your time and about 20 hours of our time (that you don't need to worry about)
They can be easily updated and meet the international standards for external audit
They come with an audit certificate that needs to be updated annually
Workers Compo will negotiate with Insurance Companies for the best deal for all the Summit Systems and Workers Compo clients

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Last modified: Sunday May 02, 1999.
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