Ep 67 N8 4th Aug 2023 Big Questions For WorkSafe Answered

Join us for this super revealing deep dive in to Worksafe's ability to enforce fines for any of the convid nonsense - Liz is on a role as always!

Plus 1688 use for fines - Geoff has been doing homework for us!

Timeline:

01:28 Emz: “All that global warming making us all cold” lol – Answers to Erika’s Official Information Act (OIA) requests – Section 199 Health and Safety at Work Act 2015 - Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury – OIA, how many notifications of C19 were received by WorkSafe?

06:02 Liz: Aug 3rd 2023 OIA 230648 REPLY.pdf – Covid-19 is a notifiable disease under Health Act 1956, Schedule 1, Part 1, Section B - infectious diseases notifiable to medical officer of health – Section 199 Health and Safety at Work Act 2015 - Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury – WorkSafe New Zealand has received 23 notifications of COVID-19 since December 2019 – It is important to note that the Health and Safety at Work Act is aimed at risks and hazards that ARISE in the workplace or from work, rather than public health issues (that may or may not be attributed to work)

08:02 Liz: Next question to be: Has WorkSafe investigated any of those 23, and was the result that it was proven that the COVID-19 had arisen in the workplace? – The way the section 199 is written is the notification should go to Bloomfield (medical officer of health), who notifies WorkSafe – Who notified Ashley Bloomfield and taken through the proper channels?

09:56 Liz: Covid-19 is not a workplace disease – Schedule 2, Section A, Health Act 1956 - Conditions arising from occupation; was amended Dec 2012 with all items repealed – Schedule 1 Part 1 Section B Health Act 1956: amended, on 30 January 2020, by clause 3 of the Infectious and Notifiable Diseases Order 2020 - Novel coronavirus capable of causing severe respiratory illness added to the schedule – Section B - Infectious diseases notifiable to medical officer of health – Section B includes measles, mumps and other public health issues – Employers had no duty under the HSWA to have a policy about COVID-19 or any other notifiable disease – Employers are still trying to have policy now!

15:35 Liz: Excel Spreadsheet of the 23 notifications – OIA, who sent in section 199 notifications – Marist College Board of Trustees sent 19 of the 23 notifications – Kids or teachers that tested positive? -Did WorkSafe investigate the nature of the workplace done or produced by the school? – Were they investigated and fined by WorkSafe?

19:56 Liz: 2nd OIA 28th June 2023 - How many clause 12a exemptions were received and approved? Kindly share: How many requests were received? How many were approved by the ministry? – Operational exemptions only applied to those under an order – Clause 12A Power of Minister to grant exemptions - COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 - Transfer Letter H2023027889 signed.pdf for answer by Ministry of Health – Clause 9 operational exemptions could be processed through the chief executives – HNZ00023978 Response Letter.pdf – 478 applications, 103 applications were granted, covering approximately 11,005 workers

26:33 Liz: Operational exemptions clause 9 explained further – PCBU could have given exemption – Further question: Can you give me the breakdown of the exemptions by Groups 1-8 – Schedule 2 COVID-19 Public Health Response (Vaccinations) Order 2021 - Groups of affected persons and relevant requirements

31:22 Liz: Why have exemptions if it was a deadly disease? Doesn’t make sense – There’s no argument for a boss to say he was trying to protect staff - MOH wanted to close down Airports but MOT Woods didn’t want to, he did have portfolio shares in Auckland Airport

34:56 Geoff and Liz: Summing up the 23 notifications – Did the notifications go straight to WorkSafe or come via Bloomfield – Putting the fear of fines into the businesses – Face nappies lol

38:49 Liz: 3rd OIA: HRC Policies, correspondence etc on medical disability and vaccination for complaints

42:28 Geoff & Open chat onwards: 1688 Bill of Rights zoom - Fines and forfeitures - About 1000 speeding fines waived by council – Can't be fined without a conviction

47:58 Liz: Baby Will case was a 1688 of being deprived of goods without conviction - Baby's body as a forfeiture

52:00 Geoff: Protestants, 1688 Bill of Rights - Subjects’ arms

01:03:14 Liz: OSHA case recap - Arbitrary and capricious = Emergency Executive Order No. 62 establishing blanket exemptions from the vaccine mandate for athletes, performers, and other artists, were arbitrary and capricious

01:07:05 Liz & Ants: Ants’ case recap – Other business from the magnificent 7 – WorkSafe lost a case against NEMA – Worksafe tried to sue NEMA in District court over section 36 (2) Of the Health and Safety Work Act

01:17:46 Liz: The administrative crown, the executive, no separation of powers currently – Administrative side needs to be controlled by the parliament – Primary v secondary legislation, Acts v orders

Content links:

How many Notifications of Covid-19 were received by WorkSafe?
https://fyi.org.nz/request/23394-how-many-notifications-of-covid-19-were-received-by-WorkSafe#incoming-88677

This is an HTML version of an attachment to the Official Information request 'How many Notifications of Covid-19 were received by WorkSafe'.
https://fyi.org.nz/request/23394/response/88677/attach/html/8/OIA%20230648%20Erika%20Whittome%20REPLY.pdf.html

Section 199 Health and Safety at Work Act 2015 - Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977194.html

Schedule 1, Part 1, Section B, Health Act 1956 – infectious diseases notifiable to medical officer of health
https://www.legislation.govt.nz/act/public/1956/0065/latest/whole.html#DLM308729

Excel Spreadsheet of the 23 notifications
https://fyi.org.nz/request/23394/response/88677/attach/html/9/230648%20Whittome.xlsx.html

Section 3 Infectious and Notifiable Diseases Order 2020 -Schedule 1 of Health Act 1956 amended
In the Health Act 1956, Schedule 1, Part 1, Section B, insert in its appropriate alphabetical order: Novel coronavirus capable of causing severe respiratory illness
https://www.legislation.govt.nz/regulation/public/2020/0001/latest/LMS306888.html?search=sw_096be8ed8193b139_infectious_25_se&p=2

Schedule 1 Part 1 Section B: amended, on 30 January 2020, by clause 3 of the Infectious and Notifiable Diseases Order 2020 (LI 2020/1).
https://www.legislation.govt.nz/act/public/1956/0065/latest/DLM308729.html

Schedule 2, Section A, Health Act 1956 - Conditions arising from occupation
https://www.legislation.govt.nz/act/public/1956/0065/latest/DLM308746.html

OIA - How many clause 12a exemptions were received and approved?
https://fyi.org.nz/request/23284-how-many-clause-12a-exemptions-were-received-and-approved#incoming-88679

New Zealand Gazette - 163 notices found containing "covid", under "Exemptions"
https://gazette.govt.nz/home/NoticeSearch?keyword=covid&year=&pageNumber=&noticeNumber=&dateStart=&dateEnd=&noticeType=&act=Exemptions&start=128&soloRedirect=false&soloRedirect=false

Clause 12A Power of Minister to grant exemptions - COVID-19 Public Health Response (Vaccinations) Amendment Order 2021
https://www.legislation.govt.nz/regulation/public/2021/0182/latest/LMS519345.html

Clause 9 Exceptions - COVID-19 Public Health Response (Vaccinations) Order 2021 – See versions for changes
https://www.legislation.govt.nz/regulation/public/2021/0094/18.0/LMS487897.html?search=sw_096be8ed81ab63f3_exception_25_se&p=1&sr=1

HNZ00023978 Response Letter.pdf https://fyi.org.nz/request/23284/response/88679/attach/html/4/HNZ00023978%20Response%20Letter.pdf.html

Schedule 2 COVID-19 Public Health Response (Vaccinations) Order 2021 - Groups of affected persons and relevant requirements – See versions for changes
https://www.legislation.govt.nz/regulation/public/2021/0094/18.0/LMS487909.html?search=sw_096be8ed81ab63f3_exception_25_se&p=1#LMS487909
https://www.legislation.govt.nz/regulation/public/2021/0094/67.0/LMS487909.html

OIA - HRC Policies, correspondence etc on medical disability and vaccination for complaints
https://fyi.org.nz/request/23408-hrc-policies-correspondence-etc-on-medical-disability-and-vaccination-for-complaints#incoming-88709

1688 Bill of Rights Act N8 zooms
Ep 11. https://rumble.com/v24y7t6-january-11-2023.html
Ep 20. https://rumble.com/v29odxg-number-8-our-inalienable-rights-part-2.html

Baby Will N8 zoom 20221130 (W) Update, Baby Will Life at Mercy of the Court, Emergency Report w Liz
Ep 3. https://rumble.com/v1yc3ra-number-8-update-and-q-and-a-wed-30th-novenber-2022.html

Bill of Rights 1688 - Grants of forfeitures
https://www.legislation.govt.nz/act/imperial/1688/0002/latest/whole.html#DLM4663810

Bill of Rights 1688 - Subjects’ arms
https://www.legislation.govt.nz/act/imperial/1688/0002/latest/whole.html#DLM4663805

The health commissioner’s December 13, 2021, vaccine mandate for private-sector employees, and the March 24, 2022, Emergency Executive Order No. 62 establishing blanket exemptions from the vaccine mandate for athletes, performers, and other artists, were arbitrary and capricious. As the court explained, the mandates resulted in “identical unvaccinated people being treated differently by the same administrative agency.”
https://ogletree.com/insights/new-york-city-covid-19-vaccine-mandates-dealt-a-fatal-blow/

See Ep 49. 20230531 (W) Voluntary Tyranny at 50 min for discussion on NEMA
https://rumble.com/v2r9pu2-n8-31st-may-
2023-voluntary-tyranny.html

Worksafe New Zealand v National Emergency Management Agency [2022] NZDC 8020 Published 16 May 2022
https://www.districtcourts.govt.nz/all-judgments/2022-nzdc-8020-Worksafe-new-zealand-v-national-emergency-management-agency/
https://number8.org.nz/wp-content/uploads/2023/06/2022-NZDC-8020-worksafe-v-NEMA.pdf

Section 36 (2) Health and Safety at Work Act 2015 - Primary duty of care
(2) A PCBU must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976895.html

ADDITIONAL:

OIA’s from Erika
https://fyi.org.nz/user/erika_whittome

Monkeypox added to Schedule 1 June 9 2022 - Infectious and Notifiable Diseases Order 2022
https://www.legislation.govt.nz/act/public/1956/0065/latest/DLM308729.html
https://www.legislation.govt.nz/regulation/public/2022/0167/latest/LMS702237.html

Infectious and Notifiable Diseases Order 2022 - Order in Council Her Excellency the Administrator of the Government in Council
This order is made under section 3(1)(a) of the Health Act 1956 on the advice and with the consent of the Executive Council.
https://www.legislation.govt.nz/regulation/public/2022/0167/latest/LMS702232.html#LMS702237

Section 3 Health Act 1956 - Power of Governor-General in Council to amend Schedules
(2) An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
https://www.legislation.govt.nz/act/public/1956/0065/latest/DLM306472.html#DLM306472

All secondary legislation is required to be gazetted under the Legislation Act 2019 - Section 69 (1)(c) and 69 (2)
https://www.legislation.govt.nz/act/public/2019/0058/latest/DLM7298353.html

Search for PCO publication of Monkeypox in the New Zealand Gazette = Nil
https://gazette.govt.nz/home/NoticeSearch/?keyword=monkeypox&year=&pageNumber=&noticeNumber=&dateStart=&dateEnd=&noticeType=&act=

When only vaccinated customers could go to the hairdressers . What the???
https://gazette.govt.nz/notice/id/2021-go5041

27 notices found under "COVID-19 Public Health Response (Alert Levels 3 and 2) Order 2020" – exemption
https://gazette.govt.nz/home/NoticeSearch?act=COVID-19+Public+Health+Response+%28Alert+Levels+3+and+2%29+Order+2020&soloRedirect=false

23 individuals declared exempt who have been invited to attend the sentencing hearing R v Tarrant to be held at the Christchurch High Court beginning 24 August 2020.
https://gazette.govt.nz/notice/id/2020-go3863