Ep 104 N8 Fri 19th Jan 2024 C19 IS NOT a Workplace Hazard & ACC the door to vax injrd claims

This is a fantastic zoom - Liz talks HSWA S199 and the need to report all and any infectious diseases to an Officer of Health and then Worksafe would need to investigate -
Did this Happen? No!!
Number 8's clever OIAs reveal what actually happened. Great work team!

Liz also takes us through her discoveries around ACC, ACC Accredited businesses and how this has great potential to open the door to the vax injured claiming against the bosses that coerced their loyal and hardworking employees to take an experimental medical treatment.

TIMELINE
Section 1 – 00:00:00
- The US court judgment is discussed which found that the Department of Labor (equivalent to WorkSafe NZ) lacked authority to impose vaccine mandates in workplaces.
- The judgment noted the OSHA Act addresses public health more generally, outside of OSHA's expertise. Similarly, WorkSafe NZ's expertise is workplace safety not public health.
- However, vaccine mandates were framed as a workplace issue to maximize vaccination numbers, "really shonky".
- An OIA request was sent to WorkSafe NZ on July 5th 2021 asking how many COVID-19 notifications they received since December 2019 under Section 199 of the HSWA.
- Section 199 requires notifiable work-related diseases to be reported to the regulator, WorkSafe NZ.
- COVID-19 was declared an infectious and notifiable disease in New Zealand on June 28th 2020 by order of the Governor General. Order in council. Explanatory note.
- Liz discusses requested information from WorkSafe NZ under the Official Information Act about COVID-19 notifications received under section 199 of the Health and Safety at Work Act from December 2019 to July 2023.
- WorkSafe responded that they had received 23 COVID-19 notifications total over that time period.
- For COVID-19 to be dealt with as a workplace hazard it would have to be reported as arising in the workplace. Which it did not.
- The notifications came from 5 sources – Hawkes Bay district health board, two education institutions, a healthcare provider, and an unknown PCBU location at Greenlane Hospital.
- All notifications except the one from Greenlane Hospital were acknowledged with no further action taken, suggesting WorkSafe did not investigate.
- The Greenlane notification was referred to an assessment team, indicating some action was taken in that case.
- Liz notes with a breach of contract case came a new direction re ACC. Notes that if COVID vaccines caused injuries or deaths there could be options for claim.
- Discussion starts on "accredited employers," which provide compensation directly to injured employees rather than going through ACC.

Section 2 – 00:17:21
- Liz discusses the website and accredited employer program which allows large employers to directly manage workplace injury claims for their employees rather than going through ACC.
- To be eligible, employers must have an annual payroll over $250k and demonstrate health and safety experience.
- Benefits for employers include potentially saving up to 90% on WorkSafe levies and having more control over claims management and return to work.
- NOTE: Risks include being financially responsible for any serious lifetime claims, and costs could exceed ACC levies if claims are not well-managed.
- People who have had ACC claims for vaccine injuries turned down.
- It is noted that claims rejected by ACC leave few options for recourse. Others who didn't claim may never be heard from as well.
- An example is given of someone who was not required by his employer to get vaccinated but chose to in order to attend his wedding.
- ACC is rejecting claims by treating vaccine injuries as blood disorders rather than one-time injuries from forceful injection, as they should be viewed.
- ACC has previously rejected repetitive strain injuries like those suffered by hairdressers, supermarket workers etc. claiming they are not work-related.
- EAP instead of ACC coverage, so workers should be able to claim. Six years available to claim. Liz is looking forward to these cases.
- It is speculated there may be future cases brought by dependents/estates of those injured or killed by vaccines they were coerced into getting.
- Criticism of ACC's rejection of vaccine injury claims and comparisons are drawn to other rejected injury types to argue cases could be made.
- Examples of accredited employers discussed include Woolworths NZ, Placemakers, Ports of Auckland, University of Auckland, various retirement villages and food companies.
- Claim administrators discussed for some employers are Howden Care and WorkAon, a large insurance broker.
- Universities like Otago and Waikato are noted as self-managing their own claims.
- Even ACC itself directly manages claims for its own employees through the accredited employer program.
- Finding out details of specific accredited employers and claim administrators could provide more insight into how the system operates.

Section 3 – 00:35:29
- Injury management companies are discussed, as well as other major accredited employers like Auckland Council, Ashwood Park Lifecare, BestStart Educare, Farmers Transport, Fire and Emergency NZ.
- Fletcher Building companies like Fletcher Concrete, Future Construction are also mentioned. Foodstuffs groups like New World and Countdown/SuperValue.
- Transport companies like Mainfreight and Freightways. Construction companies like Fulton Hogan (mandated their work area.) Dairy company Fonterra.
- Government organizations like NZ Defence Force, NZ Police, NZ Post, NZ Rugby Union, NZ Steel are accredited.
- It is noted that almost every major company seems to be accredited, raising the question of who isn't involved. “we don't get much information how they're going to limit their liability because they're definitely not supposed to be reinsuring on this stuff.”
- Benefits to employers are discussed, with an example given of one company saving $115k annually through the program.
- ACC levy accounts are outlined, including the Work Account paid by employers, Earners Account paid by employees, Non-Earners Account from taxes, and Treatment Injury Account drawing from both.
- It is suggested injured students may have breach of contract claims against universities for vaccine mandates. Potential for ACC claims for vaccine injuries is also discussed.

Section 4 – 00:51:30 OPEN CHAT
- Geoff provides his views on the discussion topics covered.
- He notes WorkAon is referenced as a claims administrator, and shares a past experience where an manager had no knowledge of public liability insurance or personal injury claims.
- Unfairness is discussed around ACC levies, where high-risk and low-risk drivers pay the same rates.
- Managing their own claims could expose accredited employers to liability from employee claims.
- The ultimate goal is to expose the "nefarious carry on" and influence of large companies and insurers rather than harm employers directly.
- Money lost through professional negligence like a bank could be argued as "property damage" covered by public liability policies.
- An example is given of a man losing $100k due to bank negligence only being offered $2k to drop a complaint.
- Other organizations like NZTA are subject to consumer laws like the Fair Trading Act, which could apply to infringement notices.
- Recent examples are discussed of banks mis-selling financial products and investment advice causing losses.
- Overall it highlights flaws in the system benefiting large entities at the expense of consumers and how test cases could challenge this.

Section 5 – 00:58:39
- OPEN CHAT
- A movie called "Leave the World Behind" is mentioned, about a scenario where communication shutdowns occur and no one can connect. It's related to ideas promoted by the World Economic Forum.
- Another upcoming movie called "Civil War" is mentioned, about a coming civil war rather than the U.S. Civil War.
- Massachusetts asking residents to house illegal immigrants is briefly discussed.
- Recent U.S. news about vaccine injury documents being released in court is mentioned.
- Trump winning 98 of 99 counties in Iowa is noted.
- The movie "Free Guy" is recommended as lighter viewing.
- Heatwaves affecting parts of New Zealand are mentioned.
- An upcoming hui is noted but Luxon will not attend, while Seymour may attend. Peters' attendance is uncertain.

CONTENT LINKS
Section 1

Section 199 Health and Safety at Work Act 2015
Discusses the requirement to report work-related notifiable diseases to WorkSafe New Zealand: https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977194.html

Schedule 1 Part 1 Section B of the Health Act 1956.
Novel coronavirus was added to Schedule 1 as a notifiable infectious disease under this Act: https://www.legislation.govt.nz/act/public/1956/0065/latest/whole.html#DLM305649

Orders in Council
Two relevant Orders in Council were mentioned - one adding COVID-19 as a notifiable disease, and another related to the Employment Relations Act:

Infectious and Notifiable Diseases Order (No 2) 2020
https://www.legislation.govt.nz/regulation/public/2020/0031/latest/whole.html

ERA 2000 -Schedule 3A - Provisions relating to COVID-19 vaccinations
https://www.legislation.govt.nz/act/public/2000/0024/latest/LMS606875.html

Accident Compensation Corporation (ACC)
ACC is mentioned as the state insurer that would cover any COVID vaccine injuries or deaths. https://www.acc.co.nz/

Accredited Employers
Accredited employers directly cover work injuries rather than going through ACC: https://www.acc.co.nz/home/search?Search=accredited+employers&submit.x=0&submit.y=0
https://www.acc.co.nz/for-business/understanding-your-cover-options/find-an-accredited-employer/ https://www.acc.co.nz/covid-19/businesses/covid-19-information-for-accredited-employers/#cover-for-covid-19

Section 2

Accident Compensation Act 2001 (New Zealand)
This Act provides for workplace injury compensation through ACC. It is mentioned employers under the accredited employer program manage claims directly rather than relying on ACC: http://www.legislation.govt.nz/act/public/2001/0049/latest/whole.html

WorkSafe New Zealand
WorkSafe New Zealand is referenced in relation to health and safety standards accredited employers must meet:
https://worksafe.govt.nz/

Accredited Employers Programme (AEP)
The main programme discussed. More information on eligibility requirements and how it operates:
ACC Work Accounts/Levies
Accredited employers can save up to 90% on ACC work levies: https://www.acc.co.nz/for-business/understanding-your-cover-options/accredited-employers-programme/

Section 3

Section 191 Health and Safety at Work Act 2015
Discussed in relation to potential challenges to vaccine mandates using section 191 designations: https://www.legislation.govt.nz/act/public/2015/0070/latest/whole.html#DLM5977182

ACC coverage accounts
More details on the Work, Earners, Non-Earners and Treatment Injury levy accounts:
https://www.acc.co.nz/for-business/understanding-levies-if-you-work-or-own-a-business/

Fair Trading Act 1986
Discussed in relation to organizations like NZTA: http://www.legislation.govt.nz/act/public/1986/0121/latest/whole.html

Consumer Guarantees Act 1993
May relate to issues of bank negligence: http://www.legislation.govt.nz/act/public/1993/0091/latest/whole.html

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