Executive summary

1.1 Background and overview of responses

To support the review of risk management and safety in the adventure and outdoor commercial sectors in New Zealand, the Department of Labour has undertaken consultation with the review's external reference group, operators, peak bodies and other stakeholders in the adventure and outdoor commercial sectors. It sought their views on the current situation and ways of improving risk management and safety.

This report summarises the responses to a consultation questionnaire. The closing date for responses was 16 December 2009. A total of 142 responses were received from a wide variety of adventure and outdoor commercial sector operators, associations, organisations and individuals. The key findings from an analysis of the responses are as follows.

What is working well?

The majority of respondents said that there is a strong health and safety culture amongst most operators. They considered that an awareness of risk management by many outdoor adventure operators has contributed to individuals and organisations being proactive about ensuring risk management practices are in place. Other key themes that emerged were:

• that the requirements of the Health and Safety Act 1992, Maritime Transport Act 1994, Maritime Rules, and Civil Aviation Act 1990 are well understood and implemented amongst commercial operators
• that compulsory written standards, codes and operating procedures being adhered to are consistent with requirements specified by the Civil Aviation Authority, Department of Conservation, and Maritime New Zealand
• many operators have individual company codes or standards they adhere to
• leadership provided by industry associations and national organisations has been beneficial in assisting operators to operate to best practice
• co-ordination between industry associations and national organisations is valued as having contributed to developing qualifications, quality assurance processes, national standards based on experience and expertise, coordination of conferences, and providing networking opportunities to share information and knowledge
• where codes of practice have been developed (e.g. rafting, mountain guiding, outdoor instructing), respondents said that there has been an increase in operators implementing good practice. Respondents said that a strength of voluntary codes of practice is that they are viewed as being more fluid and easily updated than legislation
• sector driven development is considered important as it allows for the sector to take ownership of its health and safety responsibilities.

What could be improved?

Key themes that emerged for which respondents identified that improvements could be made included:

• ensuring consistency amongst regulators in terms of their requirements of operators
• an overlap exists amongst agencies who administer regulations. This includes inconsistent rules and different compliance and monitoring requirements
• it would be better to adopt an approach focused on education and encouragement of operators to reduce risk than undertaking regulatory enforcement and investigations following an incident
• information for operators could be improved on how to meet legislative and or best practice requirements, included more targeted information provided by government agencies on regulations and interpretation of legislative requirements. This should be clear about what is a legal requirement and what is optional
• a greater commitment to learning and sharing the learning from incidents
• operational audits could be improved. Respondents said that, currently, operators and organisations are required to undertake a number of different safety audits. They commented that the audit process needs to require more than a 'paper trail' and should include a field assessment. Further development of OutdoorsMark and better utilising external outdoor safety experts for advice and regular review and audits were recommended.

Respondents had mixed views on qualifications and levels of competence. On one side, staff qualifications, quality of training and experience were considered critical to help mitigate risk. On the other side, respondents expressed concern that there are inconsistencies in the qualifications for instructors and guides, and variable standards regarding the experience and professional requirements for some activities. Respondents noted, however, that initiatives such as the collaboration between the New Zealand Outdoors Instructors Association, Skills Active, and the New Zealand Mountain Safety Council to create a singular qualification pathway are contributing to qualifications for instructor and guide training becoming clearer, more accessible, and relevant.

Principles that underpin well-managed risk

There was strong agreement across all types of respondents that the two most important principles that underpin well managed risk in the adventure and outdoors commercial sector are:

(i) Staff with appropriate training, skills, experience, qualifications and attitude

Respondents considered that employing experienced staff with: practical experience; appropriate skills, qualifications and attitudes; good recruitment practices; and robust staff training (including refresher training) are critical to competence, judgement, motivation, and managing and mitigating risk.

(ii) Client-focused communication

Respondents considered that good communication and rapport with clients, with full disclosure of the risks so clients can make informed decisions, was essential.

The majority of responses from organisations also consistently recommended that the following core principles apply:

• Good leadership and staff culture
• Sound risk management
• Having a good regulatory framework
• Monitoring and auditing.

Other principles suggested by individual respondents consistently included:

• Good planning for risk management and safety
• Sound operating procedures that meet industry standards
• Clear and open communication between all employers, employees, organisations, practitioners, and with government bodies.

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