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WorkSafe NZ faults disability care providers for not providing baths to the disabled

Mar 1st 2022 |

WorkSafe NZ faults disability care providers for not providing baths to the disabled

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WorkSafe NZ faults disability care providers for not providing baths to the disabled, warning that removing everyday activities in the name of risk management can strip clients of dignity rather than protect them.

WorkSafe New Zealand is cautioning disability care providers against sacrificing the dignity of those they support to manage safety concerns. The regulator's message follows a troubling trend where some providers have withdrawn bathing services altogether instead of addressing underlying hazards.

Background: A Tragic Case That Shaped Policy

Last year, an intellectual disabilities service provider was sentenced following the death of a Taranaki woman in 2016. The woman drowned after being left alone in a bath, a case that exposed serious gaps in how safety risks were managed within care services SWMS and daily support routines.

This prosecution has since become a reference point for how disability and home care organisations should approach hazardous tasks involving vulnerable clients.

Providers Removing Baths Miss the Point, Says WorkSafe

WorkSafe says some providers no longer provide baths to those living with disability due to safety concerns. Chief Executive Phil Parkes argues this response overlooks the actual lesson from the case.

"Providers not providing baths due to safety concerns suggests they've missed the point following WorkSafe's successful prosecution over a tragic drowning incident," says WorkSafe Chief Executive Phil Parkes.

Parkes adds that providers remain obligated to manage risk arising from work with disabled people. Organisations can meet this obligation by building good systems, processes and capability within their work environments, rather than withdrawing services from clients who depend on them.

Why Withdrawing Support Isn't a Safety Solution

Removing bathing support doesn't eliminate risk — it merely shifts the burden elsewhere, often onto clients themselves or their families. Genuine safety improvement comes from:

  • Strengthening handling procedures for bathing and personal care tasks
  • Providing adequate support and supervision during hazardous activities
  • Building capability among employees through structured processes
  • Reviewing risk assessments regularly across community and residential settings

Organisations that treat bathing as a hazardous task requiring proper controls, rather than a service to eliminate, better serve both safety outcomes and client dignity.

What This Means for Disability Care Providers

For organisations delivering home care and residential disability services, this WorkSafe statement reinforces a core principle: safety obligations exist to protect people, not to justify reducing their quality of life.

Every worker involved in personal care tasks should understand correct manual handling techniques, particularly around bathing, transfers and other hazardous handling scenarios. Proper training and documented procedures give employees confidence to support clients safely, without resorting to withdrawal of care.

Practical Steps for Managing Risk Without Removing Services

  • Conduct thorough risk assessments for each client's bathing needs
  • Implement supervision protocols for hazardous personal care tasks
  • Ensure equipment used for bathing handling meets maintenance standards — see our SOP for equipment maintenance
  • Provide ongoing support and refresher training for care teams
  • Document decision-making processes to demonstrate safety diligence

Organisations handling chemicals as part of personal care routines, such as bathing products or cleaning agents, should also reference our SOP for chemical handling and storage to manage hazardous substance risk appropriately.

Balancing Safety Compliance With Client Dignity

WorkSafe's position makes clear that safety compliance and dignity of care aren't opposing goals. Providers can satisfy their legal duties while still delivering full support to disabled clients, provided they invest in systems rather than restrictions.

This approach aligns with broader safety regulation trends across New Zealand's care sector, where regulators increasingly expect organisations to demonstrate risk management competency rather than avoidance. Similar expectations apply across other high-risk industries — see how WorkSafe extends specialist care for silica-exposed workers for context on sector-wide risk management approaches.

Care organisations preparing job-specific risk documentation may also benefit from a digital job safety analysis template to structure hazardous task assessments consistently across teams.

Further Reading

For more on this story, go to the WorkSafe New Zealand website.

To stay informed on related regulatory developments, read about WorkSafe New Zealand's consultation on draft ACOPs for the agricultural industry, which reflects how the regulator continues shaping practical guidance across sectors involving hazardous work.

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