The law says that an employer must take “all reasonably practicable steps” to provide a healthy and safe workplace. The employer doesn’t have to guarantee that its workplace is healthy and safe, it just has to take “all reasonably practicable steps”.
For employers: I assist employers to develop or maintain concise health and safety policies and, in the event of a prosecution for breach of the Health and Safety in Employment Act 1992, I advise how to mitigate the penalties and make a compelling plea in mitigation on your behalf in the District Court. The District Court has indicated strongly its distaste for employers who blame employees for an accident, and blaming an employee is unlikely to reduce the penalty and, indeed, highly likely to increase the penalty on the ground that the employer lacks insight and refuses to take responsibility.
For employees: I assist employees to bring health and safety concerns to the attention of their employer and, if that doesn’t work, to the attention of OSH (Occupational Safety and Health, Department of Labour).