A guide to New Zealand’s key work health and safety law and its regulator.
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Introduction to the Health and Safety at Work Act 2015 - special guide (PDF 640 KB)This quick reference guide summarises the key components of HSWA including the roles and responsibilities of PCBUs, officers, workers and others in managing workplace health and safety risks.
In 2013, the Independent Taskforce on Workplace Health and Safety reported that New Zealand’s work health and safety system was failing. As a result, New Zealand underwent its most significant workplace health and safety reforms in 20 years resulting in the Health and Safety at Work Act 2015 (HSWA) and the formation of WorkSafe New Zealand (WorkSafe).
This guide provides a plain English explanation of key requirements under HSWA and the role of WorkSafe. It gives examples to explain certain concepts and directs readers to where they can find guidance on how to meet regulatory requirements.
As this guide will be updated regularly, please check the WorkSafe website for the latest version.
The Health and Safety at Work Act 2015 (HSWA)
New Zealand’s key work health and safety legislation is the Health and Safety at Work Act 2015 (HSWA) and regulations made under that Act. All work and workplaces are covered by HSWA unless specifically excluded.
WorkSafe
New Zealand (WorkSafe)
WorkSafe is the government agency that is the work health and safety regulator.
Designated agencies are government agencies other than WorkSafe designated to carry out health and safety functions for certain sectors.
The regulator means WorkSafe or a relevant designated agency.
Duty holders under HSWA
A duty holder is a person who has a duty under HSWA. There are four types of duty holders – PCBUs, officers, workers and other persons at workplaces.
A PCBU is a ‘person conducting a business or undertaking’. A PCBU may be an individual person or an organisation.
This does not include workers or officers of PCBUs, volunteer associations, or home occupiers that employ or engage a tradesperson to carry out residential work.
A PCBU must ensure, so far as is reasonably practicable, the health and safety of workers, and that other persons are not put at risk by its work. This is called the ‘primary duty of care’.
See Sections 2-3 of this guide for more information about PCBUs.
An officer is a person who occupies a specified position or who occupies a position that allows them to exercise significant influence over the management of the business or undertaking. This includes, for example, company directors and chief executives.
Officers must exercise due diligence to ensure the PCBU meets its health and safety obligations.
See Section 5 of this guide for more information about officers.
A worker is an individual who carries out work in any capacity for a PCBU. A worker may be an employee, a contractor or sub-contractor, an employee of a contractor or sub-contractor, an employee of a labour hire company, an outworker (including a homeworker), an apprentice or a trainee, a person gaining work experience or on a work trial, or a volunteer worker. Workers can be at any level (eg managers are workers too).
Workers have their own health and safety duty to take reasonable care to keep themselves and others healthy and safe when carrying out work.
See Section 6 of this guide for more information about workers.
Other person at workplace
Examples of other persons at workplaces include workplace visitors and casual volunteers at workplaces.
Other persons have their own health and safety duty to take reasonable care to keep themselves and others safe at a workplace.
See Section 7 of this guide for more information about other persons at workplaces.
The Health and Safety at Work Act 2015 (HSWA) is largely based on the Australian work health and safety law but with changes to reflect the differences between the New Zealand and Australian working environments.
It recognises that a well-functioning health and safety system relies on participation, leadership, and accountability by government, business and workers.
A guiding principle of HSWA is that workers and other persons should be given the highest level of protection against harm to their health, safety, and welfare from work risks as is reasonably practicable.
The main purpose of HSWA is to provide for a balanced framework to secure the health and safety of workers and workplaces by:
The legislation is designed to be flexible and workable for both small and large businesses and undertakings without imposing unnecessary compliance costs.
The work health and safety legislation:
WorkSafe is the work health and safety regulator.
In addition, other government agencies (called designated agencies) can be designated to carry out health and safety regulatory functions for certain work, for example:
In this guide, the term ‘regulator’ means WorkSafe or the relevant designated agency.
HSWA applies to nearly all work in New Zealand.
However, there are exceptions. For example, HSWA does not apply to:
All types of modern business and working relationships are covered under HSWA (eg the relationship between franchisors and franchisees).
Most duties under HSWA relate to the conduct of work. However, while the focus is on the work being carried out and how it can affect workers and others, there are certain duties that relate to the physical workplace.
A workplace is a place where a worker goes or is likely to be while at work, or where work is being carried out or is customarily carried out. It includes a vehicle, vessel, aircraft, ship or other mobile structure, and any waters and any installation on land, on the bed of any waters, or floating on any waters.
Whoever creates the risk manages the risk. HSWA requires health and safety work risks to be managed. This means consideration of the potential work-related health conditions as well as the injuries that could occur. Health conditions include both physical and psychological acute and long-term illnesses.
There are four types of duty holders that have work health and safety duties:
These duties are discussed later.
A person may have more than one duty (eg a person can be a PCBU and a worker). More than one person may have the same duty (eg different PCBUs may have the same duty towards the same worker).
Duties are not transferable or able to be contracted out of, but reasonable arrangements can be entered to ensure duties are met.
The primary duty of care requires a PCBU to ensure health and safety ‘so far as is reasonably practicable’. When used in this context, something is reasonably practicable if it is reasonably able to be done to ensure health and safety, having weighed up and considered all relevant matters, including:
Lastly weigh up the cost:
For worker engagement and participation duties, the above definition does not apply.
For more information see our fact sheet: Reasonably Practicable [PDF, 44 KB]
HSWA, regulations, safe work instruments (SWIs) and WorkSafe information, guidance and advice work together to improve work health and safety.
HSWA is the key work health and safety law. It sets out the health and safety duties that must be complied with.
Health and safety regulations sit under HSWA, and prescribe certain requirements to be met for certain duties under HSWA (see Appendix 2 of this guide for a list of the health and safety regulations). For example, there are regulations about what workplace facilities are required.
SWIs set out further technical rules in relation to matters covered by regulations (eg variations to control measures for specific substances).
Other legislation may affect work health and safety (eg the Gas Act 1992 and the Building Act 2004). Where two pieces of legislation apply, the duty holder needs to follow both. HSWA addresses such overlaps by providing that other legislative requirements can be considered when deciding if health and safety duties are being met. However, duty holders may need to do more than what other legislation requires to meet HSWA duties.
An architect that designs a building has duties under HSWA to ensure health and safety, and must also ensure the design complies with the Building Act. Under HSWA the requirements of the Building Act will be taken into account in determining what is required to comply with the architect’s HSWA duties.
There is other legislation that applies to work, such as the Employment Relations Act 2000.
WorkSafe produces a range of information and guidance to help people comply with their health and safety duties.
Figure 2 shows the relationship between the law and WorkSafe guidance and information.
WorkSafe produces a range of products including:
Other publicly available items include:
Figure 2 explains what these are.
Guidance has been produced on the work health and safety duties under HSWA and regulations.
Other guidance is referred to as appropriate in this guide.
In addition to WorkSafe guidance, there may be industry-directed health and safety guidance available.
A PCBU is a ‘person conducting a business or undertaking’. While a PCBU may be an individual person (eg a sole trader) or an organisation, in most cases the PCBU will be an organisation (eg a business entity such as a company).
While the terms ‘business’ and ‘undertaking’ are not defined in HSWA, the usual meanings of these terms are:
Individuals or organisations can be PCBUs. A PCBU will usually be a legal entity, but HSWA also makes it clear that it could be a body of persons. Examples of PCBUs are:
The following are not PCBUs:
Kitchen Construction Limited (KCL) operates a small business which specialises in building and renovating kitchens. Simon is KCL’s sole director. KCL employs several full-time staff and regularly contracts Jill, a self-employed electrician, to do electrical work for KCL’s projects.
Volunteer groups that meet the definition of ‘volunteer associations’ are not PCBUs.
A volunteer association is a group of volunteers working together for one or more community purpose, where none of the volunteers, nor the association as a whole, employs anyone to carry out work for them. Community purposes could include the promotion of art, culture, science, religion, education, medicine, or for charity, sport or recreation purposes.
Volunteer groups that only engage contractors (eg instead of having employees) are not classed as PCBUs. Contractors are PCBUs in their own right.
Monica, a nurse at the local hospital, set up a group of keen knitters to knit clothing for babies (Knitting for Babies) two years ago. At first the knitting was only donated to the hospital, where it was used for premature babies. Recently the group has grown substantially and now also knits jumpers and other clothes for older babies. These jumpers are given to Plunket and the Salvation Army to distribute more widely in the community to those in need.
The demand for knitted baby clothes became so great that there is not enough donated wool. Knitting for Babies decided to raise money by selling a wider range of knitting at community fairs and on the group’s newly established website. The group became an incorporated society, Knitting for Babies Incorporated, and employed Roger on a part-time basis to take care of all administration and accounting matters.
Happier Homes is a charity organisation that finds homes for abandoned pets. It is run by volunteers. Happier Homes contracts an IT specialist to create a website to promote their cause.
Happier Homes has now expanded and needs someone to manage the administration of the organisation.
A home occupier who employs or engages another person to only do residential work (domestic work done in the home, or other work on the home itself) is not a PCBU. However, a home occupier is a PCBU if they operate a business from their home.
Mary owns a small lifestyle block and wants to keep chickens and plant a large garden to provide fresh eggs and vegetables for her family of eight. The property is not connected to the town water supply. Mary has engaged Maximum Plumbing Limited (MPL) to upgrade the house’s plumbing and secondary water tank to make sure there is enough water for the animals, garden and her family. Three plumbers from MPL will be working in and around Mary’s home for several days to finish the upgrade.
Peter, a self-employed chef, has started his own business to provide healthy, home-cooked meals to people. Peter runs the business from his home and contracts a local courier company (who employs a driver called Sandy) to deliver the pre-cooked meals to customers. Peter purchased a larger oven to put in his kitchen and engaged Todd, a self-employed electrician, to install the oven and complete some necessary upgrades to his house’s wiring to accommodate the larger oven.
A PCBU must ensure, so far as is reasonably practicable, the health and safety of workers, and that other people are not put at risk by its work. This is called the ‘primary duty of care’.
This means ensuring, so far as is reasonably practicable:
A PCBU who is a self-employed person must also ensure, so far as is reasonably practicable, his or her own health and safety while at work.
The primary duty of care is a broad overarching duty. It includes, but is not limited to, so far as is reasonably practicable:
PCBUs must also maintain any worker accommodation that is owned or managed by the PCBU and provided because other accommodation is not reasonably available. The PCBU must, so far as is reasonably practicable, maintain the accommodation so the worker is not exposed to health and safety risks arising from the accommodation.
PCBUs cannot contract out of their duties, but can enter reasonable agreements with other PCBUs to meet their duties.
These duties are explained below.
PCBUs must, so far as is reasonably practicable, provide and maintain a work environment that is without health and safety risks.
The work environment includes:
The health and safety regulations that sit under HSWA cover duties to manage certain work risks.
PCBUs must, so far as is reasonably practicable, provide safe plant and structures, and maintain them in good condition.
‘Structure’ means anything that is constructed. It can be fixed, movable, temporary or permanent, and includes any component or part of a structure. The following are examples of structures:
PCBUs must, so far as is reasonably practicable, provide and maintain safe systems of work (eg work processes).
Developing a safe system of work is a formal procedure carried out by a person with sufficient knowledge and experience. It involves:
The development of safe systems of work can involve looking at the physical layout of the workplace and its access and egress, tools, plant, procedures and people (eg instruction, information, training).
For risky work, safe work methods can be formalised using a permit-to-work system.
Systems of work should be reviewed on a regular basis and updated as appropriate.
PCBUs must, so far as is reasonably practicable, make sure that plant, structures, and substances are safely used, handled and stored.
PCBUs must, so far as is reasonably practicable, provide adequate facilities (that are clean, safe, accessible, in good working order and maintained to stay that way) for the welfare of workers.
PCBUs must, so far as is reasonably practicable, make sure its workers and others are provided training, information, instruction or supervision to protect them from risks to health and safety.
The type of training, instruction or supervision required will depend on the nature of the work carried out and the experience of the workers, and the risk that workers and others, such as clients and customers, are exposed to.
Exposure to certain hazards can injure workers or make them ill. This can include exposure to:
A PCBU must, so far as is reasonably practicable, monitor its workers’ health and the workplace conditions. Monitoring is not a control measure to manage risk and does not replace the need for control measures to reduce exposure. Results from monitoring should be used to improve control measures where needed.
Workplace monitoring can involve measuring a hazard (eg a substance, fumes, noise or vibrations arising from the work). The purpose of the monitoring is to assess the effectiveness of controls being used to minimise the risk of workers developing a work-related condition or getting injured on an ongoing basis.
Health monitoring involves specific and targeted testing of the health of workers to identify potential signs of potential harm to their health and any changes on an ongoing basis. As well as identifying the development of work-related conditions, the purpose of monitoring is to assess the effectiveness of control measures designed to minimise potential harm to worker health on an ongoing basis.
In some situations a PCBU provides its workers with accommodation that it owns, or manages or controls, where this is necessary because other accommodation is not reasonably available.
If this is the case, a PCBU must, so far as is reasonably practicable, maintain the worker accommodation so that workers are not exposed to health and safety risks arising from the accommodation.
Certain volunteers are classed as volunteer workers. A volunteer is a ‘volunteer worker’ when:
A PCBU owes its volunteer workers the same duties as other workers (for example, must provide health monitoring) with the exception of the duties in Part 3 of HSWA (worker engagement and participation).
All other volunteers (for example, casual volunteers) are owed the primary duty of care as ‘other persons’.
There are some duties that apply to PCBUs in certain situations. These are outlined in sections 3.3 to 3.5 of this guide. They expand on the primary duty of care. These PCBUs still have the primary duty of care.
Most duties under HSWA relate to the conduct of work. However, certain duties relate to workplaces.
A PCBU who manages or controls a workplace must ensure that, so far as is reasonably practicable, the workplace, the means of entering and exiting the workplace, and anything else arising from the workplace are without health and safety risks to any person.
A ‘workplace’ is any place where a worker goes or is likely to be while at work, or where work is being carried out or is customarily carried out.
This workplace duty recognises that a workplace may not permanently be a workplace for the PCBU.
PCBUs who manage or control workplaces do not owe this duty to anyone who is at the workplace for an unlawful purpose.
A builder is making repairs to a commercial property. This property is only classed as the builder’s workplace while the builder is working there.
Lines workers are carrying out a one-off repair of a power pole. Once they complete the work and leave, it is no longer a workplace for the lines company PCBU as the workers are not usually at that location for work.
There is a clarification of these duties for farming businesses or undertakings. For these, the duty of a PCBU who manages or controls a workplace applies only in relation to the farm buildings (and any structures and part of the farm immediately surrounding the buildings) needed for the operation of the farm. They do not apply to the family home, or to any other part of the farm unless work is being carried out there. However, the primary duty of care to ensure people are not put at risk by the conduct of work still applies.
PCBUs who manage or control fixtures, fittings or plant at a workplace must, so far as is reasonably practicable, ensure that the fixtures, fittings or plant are without risks to the health and safety of any person. This could include consideration of the potential health effects from using the plant (eg the long-term use of a vibrating tool causing damage to nerves or blood vessels in the arms or hands).
PCBUs who manage or control fixtures, fittings or plant do not owe this duty to anyone who is at the workplace for an unlawful purpose.
There are further duties for PCBUs (called here ‘upstream’ PCBUs) who:
Here, ‘commission’ can be described as performing the necessary adjustments, tests and inspections to ensure the plant/structure is in full working order to specified requirements before it is used. Commissioning includes recommissioning. 1
The duties apply in respect of plant, substances, or structures that are to be used, or that could reasonably be expected to be used, at a workplace.
Upstream PCBUs are in a strong position to eliminate or minimise risk. Upstream PCBUs can influence and sometimes eliminate health and safety risks through designing or manufacturing products that are safe for the end user.
Upstream PCBUs must also consider potential health effects of products before they are used in a workplace by other PCBUs (called ‘downstream PCBUs’ here) and their workers (eg a plant manufacturer should consider whether the noise level of their equipment could increase the risk of noise induced hearing loss).
Upstream PCBUs owe duties to downstream PCBUs and their workers and others.
A poorly designed or manufactured saw (eg that is not guarded as outlined in ASNZ4024) creates the risk that it may injure the user. This risk is created by the saw designer and manufacturer (the upstream PCBU). The risk will flow through to the downstream PCBU business that purchases the saw, and the workers who have to use the saw as part of a daily work activity.
PCBUs who are designers, manufacturers, importers or suppliers must, so far as is reasonably practicable, make sure that the plant, substances, and structures designed, manufactured, imported or supplied (as relevant) are without health and safety risks when they are used for their intended purpose in a workplace.
Importers must ensure imported goods meet all New Zealand regulatory requirements.
Table 1 provides an overview of the duties of these PCBUs.
These duties do not apply to the sale (by suppliers) of second-hand plant sold as is.
Duties of PCBU designers, manufacturers, importers and suppliers of plant, substances and structures
Duties of PCBU installers, constructors and commissioners of plant and structures
Duty to, so far as is reasonably practicable, ensure plant, substances, or structures are without health and safety risks
Make sure, so far as is reasonably practicable, the plant, substance or structure designed/manufactured/imported/supplied is without health and safety risks to people who:
Make sure, so far as is reasonably practicable, the way that the plant or structure is installed, constructed or commissioned is without health and safety risks to people who:
Carry out calculations, analysis, tests or examinations needed to make sure the plant, substance or structure designed/manufactured/supplied is without health and safety risks so far as is reasonably practicable (or arrange the carrying out of such tests).
Duty to provide information
Provide adequate information to people who are provided with the design or the plant, structure or substance manufactured/imported/supplied. This includes information about:
On request, make reasonable efforts to give the current relevant specified information to a person who carries out or is to carry out work activities listed above with the plant, structure or substance.
Table 1: Overview of duties of PCBU designers, manufacturers, importers, suppliers, installers, constructors and commissioners
All PCBUs must involve their workers in workplace health and safety. A safe workplace is more easily achieved when everyone involved in the work communicates with each other to identify hazards and risks, talks about any health and safety concerns and works together to find solutions.
PCBUs have two duties:
These duties only extend to workers who carry out work for the business or undertaking.
Worker engagement and worker participation practices can be direct or through representation.
Health and Safety Representatives (HSRs) and Health and Safety Committees (HSCs) are two well established methods of representation.
Workers can also be represented by unions, community or church leaders, lawyers, respected members of ethnic communities, or people working on specific projects.
To meet health and safety duties, risks that arise from work must be effectively managed.
Risks to health and safety arise from people being exposed to hazards. A hazard is anything that can cause harm. HSWA clarifies that ‘hazard’ includes behaviour that has the potential to cause death, injury or illness (whether or not that behaviour results from physical or mental fatigue, drugs, alcohol, traumatic shock or another temporary condition that affects behaviour).
Before deciding how to manage work risks PCBUs should think about risks more broadly across the work being conducted and the contributing factors.
Risks must be eliminated so far as is reasonably practicable. If a risk cannot be eliminated, it must be minimised so far as is reasonably practicable. PCBUs must take these steps to the extent within their ability to influence and control the matter to which the risks relate.
PCBUs with overlapping duties must, so far as is reasonably practicable, work together to manage work risks (see section 3.8 of this guide).
PCBUs must, so far as is reasonably practicable, engage with their workers when managing work risks (see section 3.6 of this guide).
For more information see managing risks.
PCBUs must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other PCBUs who have health and safety duties in relation to the same matter (overlapping duties).
Consultation will help to avoid unnecessary duplication of effort (eg when providing welfare or first aid facilities).
Consultation will help to prevent any gaps in managing health and safety risks. It can help PCBUs reach a common understanding and establish clear roles, responsibilities and actions.
Gaps can happen when:
The broader benefits of consultation include:
More than one PCBU can have a duty in relation to the same matter (overlapping duties).
This can occur where there are multiple PCBUs at the same location. Common examples of this are construction sites, shopping centres and multi-tenanted buildings.
However, PCBUs do not need to share a workplace to have overlapping duties such as in contracting chains (eg forestry work).
PCBUs with overlapping duties must so far as is reasonably practicable consult, co-operate and co-ordinate activities with other PCBUs so that they can all meet their joint responsibilities. PCBUs do not need to duplicate each other’s efforts.
A PCBU cannot contract out of its duties, but can enter reasonable agreements with other PCBUs to meet duties. However, these PCBUs still retain the responsibility to meet their duties. The PCBUs should also monitor each other to ensure everyone is doing what they agreed.
The extent of the duty to manage risk depends on the ability of each PCBU to influence and control the matter.
The extent of each PCBU’s responsibility to carry out their duties will most likely be different. This will depend on what ability the PCBU has to influence and control the health and safety matter (ie the more influence and control a PCBU has over a health and safety matter, the more responsibility it is likely to have).
A PCBU can have influence and control over health and safety matters through:
A PCBU with a higher level of influence and control (and with the greatest share of the responsibilities) will usually be in the best position to manage the associated risks.
A PCBU with less control or influence may fulfil their responsibilities by making arrangements with the PCBU with the higher level of influence and control.
The size of the PCBU or its financial resources (eg a large company versus a sole trader) does not equal a PCBU’s ability to have control or influence over health and safety matters. This means that the PCBU with the most financial resources does not automatically have most of the responsibilities.
All PCBUs should:
Consultation can be as simple as exchanging important health and safety information about the following.
What work activities will each PCBU carry out (ie what will each PCBU do, how will they do it, when will they do it, where will it be done, what plant or substances may be used)?
Which workers will be involved in the work activity?
What other people may be affected by the work activity (other than workers)?
How could one PCBU’s work activities affect the work of other PCBUs?
Will one PCBU’s work activities introduce or increase the health and safety risks to other PCBUs (and other people) at the workplace or down a contracting chain?
How could each PCBU’s work activities affect the work environment?
Health and safety risks
What does each PCBU know about the health and safety risks associated with a work activity they carry out?
How will each PCBU manage (eliminate or minimise) risks associated with a work activity they carry out?
Other important health and safety information
What information may one PCBU need to provide to another PCBU for health and safety purposes?
How will PCBUs communicate with workers and others (eg site meetings, shared newsletters)?
How will the PCBUs co-ordinate their emergency procedures including who will notify the regulator when a notifiable event occurs?
What further consultation or communication may be required to monitor health and safety, or identify changes in the work or environment?
What facilities could be shared (eg first aid or sick rooms)?
Table 2: Questions to ask during consultation
For more information see our quick guide: Overlapping duties [PDF, 173 KB]
Example
A finance company leases a multi-storey office block from a building owner. Several lifts operate in the building. The building owner contracts a company (the maintenance contractor) to maintain and repair the lifts.
The finance company is a PCBU and has health and safety duties towards its workers and clients visiting its offices.
The building owner is a PCBU (who manages and controls the building) and has a duty to ensure people can safely enter and exit the building, and that the building is without risk to people.
The maintenance contractor is a PCBU and has health and safety duties towards its workers and other people.
The finance company consults the building owner to find out what arrangements are in place for maintaining plant, such as air-conditioning systems and lifts.
Before maintenance is carried out on the lifts, the building owner consults the maintenance contractor and the finance company. This is so that all PCBUs know about the work and what they each need to do to ensure the safety of people in the building. These tasks include identifying the best time for the work to be done, how the work area will be barricaded, and what information the finance company will need to give to its workers and clients.
As the work proceeds, the finance company tells the building owner and the maintenance contractor about any concerns or incidents, so they can review them and make any changes needed.
The following week the finance company became aware that the maintenance contractor had not fixed a faulty barricade they had been told about. As this faulty barricade could potentially harm clients, the finance company moved all client meetings to the ground floor until this was fixed.
Workers were notified of the faulty barrier and told to use the alternative lifts at the rear of the building.
This part explains when the regulator needs to be notified about notifiable events, and how PCBUs should do this. It also explains about authorisations and other notifications required.
The regulator must be told about notifiable events that arise from work. Depending upon the work, the ‘regulator’ is either WorkSafe or a designated agency (see section 1.1 of this guide). In most cases, it will be WorkSafe.
A notifiable event is when the following occurs as a result of work:
Notifiable injuries, illnesses and incidents are specified in HSWA.
The regulator must be informed of all notifiable events. This allows the regulator to immediately investigate or follow up on events that cause, or have the potential to cause, death, serious injury or illness (serious health and safety risks).
A notifiable incident is an unplanned or uncontrolled incident in relation to a workplace that exposes the health and safety of workers or others to a serious risk arising from immediate or imminent exposure to:
Notifiable incidents do not include controlled activities that form part of the business or undertaking (eg the controlled release of water from a dam).
Follow the flowchart below to find out what notifiable illnesses and injuries are.
For more information on notifiable events, see our quick guide: What events need to be notified? [PDF, 208 KB]
If a notifiable event occurs, PCBUs should follow the steps below.
The PCBU who manages or controls the workplace must take all reasonable steps to ensure the site of a notifiable event is not disturbed until authorised by an Inspector (ie an Inspector gives permission for normal work to resume at the site of a notifiable event). 2
There are exceptions to this. These are if the disturbance is:
Regulations can also exclude particular sites from the requirement to preserve sites in particular circumstances (note: there are none at the time of publication).
To ensure that the site is not disturbed:
Work can continue in other parts of the workplace. The most important thing is preventing further harm.
Bill is a farm worker. His jacket becomes entangled in a spinning shaft on a harvester, and in trying to free himself he crushes his hand. His farmhand cuts the power and detaches the device to free Bill’s hand and provides first aid until the ambulance arrives. The rest of the set-up needs to be left as it is until an Inspector releases the scene. Any work being carried out nearby that could interfere with the incident scene is stopped.
A PCBU must ensure the regulator is notified as soon as possible after it becomes aware of a notifiable event arising out of the conduct of the business or undertaking. This notification must be done even if emergency services attend.
The regulator must be notified by the fastest means possible given the circumstances.
Only one notification is required for each notifiable event. If multiple PCBUs are involved, one PCBU should be nominated to notify the regulator. However, all PCBUs are responsible for ensuring a notification is made.
The person giving the notification must provide details about the notifiable event as requested by the regulator.
For phone notifications, the regulator will send an acknowledgement that the notification has been received.
Regulator
Contact
If someone has been killed as a result of work, notify WorkSafe immediately by phone: 0800 030 040 (24/7).
In case of emergency, phone 111.
For all other notifications, go to our WorkSafe website.
Table 3: Notifying WorkSafe
The PCBU must keep records of notifiable events for at least five years from the date the regulator was notified about the event.
Although HSWA does not explicitly state that PCBUs must investigate notifiable events 3 , such investigations form part of good practice to identify and manage work risk.
Construction Management Limited (CM Ltd) is a large company that oversees several construction projects. It engages ABC Ltd to manage one of its sites. ABC Ltd engages a contractor, Sue, to do plumbing work. Sue has an employee, Jim, working for her.
Jim amputates his finger on an angle grinder and is taken to hospital. As required, the accident site was preserved and WorkSafe was notified.
Independently of the WorkSafe investigation, the PCBUs (CM Ltd, ABC Ltd and Sue) investigated the accident. They looked at the machine, the task, Jim’s experience and the training, and the hours worked. They identified what caused it and, so far as was reasonably practicable, revised existing control measures and put in place new ones to prevent it happening again.
Certain workplaces, work activities, plant or substances must have appropriate approvals (authorisations). Authorisations are licences, permits, consents, certificates, registrations or other authorities described in health and safety regulations, and must be obtained before relevant work begins.
Authorisations may be given by WorkSafe, another regulator or a third party authorised to do this.
Only prescribed workplaces, plant or substances, or work requires authorisation. Sometimes the authorisation is in the form of certain qualifications, experience or supervision required by workers to carry out the work.
All conditions on an authorisation must be complied with.
WorkSafe needs to be told within specified times before certain work activities are carried out such as certain asbestos removal work.
To find out what work requires notification, go to Notifications. You can also click the Notify WorkSafe button on any page.
An officer is a person who occupies a specified position or who occupies a position that allows them to exercise significant influence over the management of the business or undertaking. Organisations can have more than one officer.
Each officer has a duty – it is not a joint duty. Officers have a duty to exercise due diligence because they make policy and investment decisions that can affect workers’ health and safety.
People who provide health and safety or other advice, or make recommendations to senior leadership are not officers solely on this basis.
Some examples of people who are not officers (unless they also fall into one of the officer categories described above) include:
Bill, Anne and Alan are on the Board of Directors of Endless Aisles Supermarkets. Together they make decisions about strategies and policies such as spending and investment. They determine the annual health and safety budget and sign off large purchases of safety equipment.
Bill, Anne and Alan are all officers because they are directors of the Endless Aisles Supermarkets business.
Ruth is the Chief Executive Officer. She is responsible for managing all three Endless Aisles supermarkets. She makes decisions about resource allocation, spending, store and people management. Ruth is an officer because she exercises significant influence over the management of the business.
Troy is the Quality and Compliance Manager (middle management). He is responsible for co-ordinating health and safety and quality management. He organises safety training, collects incident reports and statistics, and conducts safety audits. He provides health and safety advice to the CEO and directors. The directors allocate Troy a budget to spend on health and safety. Troy is not an officer because he merely advises and makes recommendations to the directors and CEO. Troy does not exercise significant influence over the management of the business.
Craig and Linda are the owner-operators of ShipShape Construction Ltd. Craig and Linda work together to run the business.
Craig is listed as the director of the company at the Companies Office; because he is a director, Craig is an officer.
Linda is not a director, but she is an officer because she exercises significant influence over the management of ShipShape Construction.
Maurice is a supervisor at ShipShape. He is responsible for overseeing the construction work done at the supermarket site. One of his responsibilities is to monitor workers and ensure they are complying with safe work procedures. As Maurice does not exercise significant influence over the management of the business, he is not an officer.
Officers must exercise due diligence to make sure that the PCBU complies with its health and safety duties. They must exercise the care, diligence and skill a reasonable officer would exercise in the same circumstances, taking into account matters including the nature of the business or undertaking, and the officer’s position and nature of their responsibilities.
What is required of an officer will depend on the officer’s particular circumstances, such as their responsibilities and ability to influence and control.
The duty does not require officers to be directly involved in the day-to-day management of health and safety. However they are still required to take reasonable steps to do the things set out in Table 4.
Officers of large PCBUs cannot rely on the fact that their organisation has a health and safety management system in place. They should understand how it works, and take steps to make sure it is working. In smaller PCBUs, officers are more likely to have a hands-on role in health and safety. They might talk directly with workers, supervise health and safety practices and investigate incidents.
Officers that only have a passive role or interest in work health and safety are not taking ‘reasonable steps’.
Table 4 outlines what due diligence includes.
Due diligence includes officers taking reasonable steps to:
Examples of good practice:
Acquire, and keep up to date, knowledge of work health and safety matters.
Gain an understanding of the nature of the operations of the business or undertaking of the PCBU and generally of the hazards and risks associated with those operations.
Ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking.
Ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under HSWA.
Ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and for responding in a timely way to that information.
Verify the provision and use of the resources and processes referred to above.
Table 4: How officers can carry out their duties
As the officers of Endless Aisles, Anne, Alan and Bill need to meet the due diligence requirements to make sure their PCBU is operating in a healthy and safe way. They decided to meet their obligations by:
For more information on officers and their duties see:
Certain officers have the due diligence duty but cannot be prosecuted if they fail to meet their due diligence duty. These officers are:
An elected member of a governing body of a territorial authority or regional council does not have a duty of due diligence to ensure that a council-controlled organisation complies with its duties or obligations under HSWA, unless they are also an officer of that council-controlled organisation.
For more information on volunteer officers see our guidance: Information for Officers who are Volunteers [PDF, 47 KB]
A worker is an individual who carries out work in any capacity for a PCBU.
Certain volunteers are classed as volunteer workers.
A volunteer is a ‘volunteer worker’ when:
PCBUs owe the same duties they owe to workers to volunteer workers – except for worker engagement and participation duties. Although volunteer workers are not covered by these duties, they can still raise health and safety concerns with the PCBU.
Volunteer workers have the same duties as other workers (as described in the following section of this guide).
Robert is a volunteer who occasionally runs painting classes for the elderly at the local retirement village. He does not get paid for this work.
Robert is a not a volunteer worker as the volunteering he undertakes is not an integral part of the business of the retirement village, and nor does he work on a regular or ongoing basis. As Robert is not a volunteer worker, he is classed as an ‘other person’ at the workplace.
For more information on volunteer workers see our guidance: Information for Volunteers
A PCBU must ensure, so far as is reasonably practicable, the health and safety of workers.
This means ensuring, so far as is reasonably practicable:
Workers have their own health and safety duties.
Workers must be engaged about health and safety issues likely to directly affect them, and be given reasonable opportunities to participate in the ongoing improvement of health and safety of the PCBU they work for.
Worker engagement and worker participation practices can be direct or through representation. Health and Safety Representatives (HSRs) and Health and Safety Committees (HSCs) are two well established methods of representation. Workers can also be represented by unions, community or church leaders, lawyers, respected members of ethnic communities, or people working on specific projects.
HSRs elected under HSWA have functions and powers including representing workers on health and safety, entering and inspecting workplaces, making recommendations relating to work health and safety and promoting the interest of workers who have been harmed at work.
An HSC enables PCBU representatives, workers and other HSC members to meet regularly and work cooperatively to ensure workers’ health and safety. The functions of HSCs include to assist in the development of health and safety standards, rules, policies or procedures, and to make recommendations relating to work health and safety.
PCBUs have obligations towards HSRs and HSCs.
For more information about worker engagement, representation and participation, HSRs and HSCs see our:
Workers should be able to carry out health and safety-related activities or functions without worrying that there may be negative consequences.
All current or prospective workers are protected from discrimination and dismissal by a PCBU for carrying out health and safety-related activities or raising health and safety issues or concerns.
Adverse conduct is specifically defined in HSWA, but generally means behaving in a way that discriminates against a worker or other person (as set out below). It is an offence under HSWA for a person to engage in adverse conduct for a prohibited health and safety reason. It is also an offence to influence another person to engage in this type of conduct (eg by requesting, encouraging or assisting them to engage in it).
Actions that constitute adverse conduct include:
Adverse conduct for a prohibited health and safety reason involves engaging in adverse conduct because a worker or other person is, has been, or intends to be:
or is, has been, or intends to:
An employee who wishes to take action against an employer (or former employer) in respect of adverse conduct for a prohibited health and safety reason may bring a personal grievance under the Employment Relations Act 2000. A person who has been affected by adverse conduct may apply to the District Court for an appropriate order (eg to restrain someone from engaging in adverse conduct).
HSWA also prohibits a person from taking or organising (or threatening to take or organise) action that is intended to coerce or induce another person to perform or exercise, or not to perform or exercise, powers or functions under HSWA, or to hold back from seeking or undertaking a HSWA-related role (such as being an HSR).
A person must also not knowingly or recklessly make a false or misleading representation to another about that person’s rights or obligations under HSWA, their ability to make a complaint or an inquiry to a person who can seek compliance with the Act (such as the regulator), or their ability to initiate or participate in a process or proceedings under the Act.
Phil works on the factory floor in a manufacturing plant dealing with dangerous chemicals. He is concerned that he and other workers have not been provided with safety goggles.
Phil approaches his Team Leader, Tim, to discuss getting safety goggles. Tim tells Phil to sort out his own goggles, so Phil speaks to his health and safety representative (HSR).
A couple of weeks later Phil applies for a supervisory position, but Tim tells Phil he will not be considered as he should not have raised the safety goggle issue with his HSR.
Tim displayed adverse conduct for a prohibited health and safety reason by obstructing Phil’s chances of promotion because Phil raised a health and safety concern with his HSR.
Bob from Bob’s Building accepts a contract with Jaspers Building Ltd (Jaspers Ltd).
During his first day onsite, Bob has concerns about the lack of scaffolding, guard rails and safety mesh, particularly as his workers are working at heights over five metres. Bob raises this with Jaspers Ltd with no success, who say this is the way they do things. Bob calls the WorkSafe call centre for advice, and subsequently meets with a WorkSafe Inspector to discuss his concerns. The Inspector issues an improvement notice to Jaspers Ltd to remedy the hazard.
After Jaspers Ltd receives the notice, they complained to others that they could not work with someone who was going to complain to WorkSafe about how they do things and ended their contract for services with Bob. Jaspers Ltd displayed adverse conduct for a prohibited health and safety reason by ending their contract with Bob because he reported his concerns to an Inspector.
Fred works in a printing factory. He is elected health and safety representative (HSR) and receives training.
Several workers raise concerns with Fred about not having adequate hearing protection, saying they are concerned this is leading to hearing damage. Fred raises the workers’ concerns with his PCBU; however, the PCBU does not act. Fred subsequently issues a provisional improvement notice that includes a recommendation to remedy the situation.
After receiving the provisional improvement notice, the PCBU told Fred that they were unhappy with his actions as an HSR and because of this he would not be allowed to attend a training course with the rest of his team. The PCBU displayed adverse conduct for a prohibited health and safety reason by refusing Fred training opportunities because he exercised his power and performed a function as an HSR.
A worker can refuse to work, or stop work, if they believe that doing the work would expose them or another person to a serious health or safety risk arising from immediate or imminent exposure to a hazard. A trained HSR may direct unsafe work to cease.
The worker needs to tell the PCBU as soon as possible that they have stopped work. The PCBU may direct the worker to carry out alternative work, as long as that work is safe and appropriate, and within the scope of their contract or employment agreement.
Workers can continue to refuse to work if:
Workers cannot refuse work if the nature of the work usually carries understood health and safety risks and these risks have not materially increased.
An HSR, a worker, or the PCBU can ask the regulator to assist in resolving any issues relating to a worker stopping or refusing to do work.
Examples of other persons at workplaces are:
Other persons at workplaces need to:
Other persons need to take reasonable care that anything they do (or do not do) will not cause others harm. They can be held legally responsible if they cause someone harm and did not take reasonable care.
Examples of how actions or inactions can cause harm in the workplace
A customer with a full shopping trolley refuses to leave the checkout line even though the supermarket’s fire alarms are ringing and smoke is pouring from the ceiling.
One of the supermarket’s fire wardens re-enters the building to convince her to leave and suffers a serious asthma attack, triggered by the smoke.
A customer at a hardware store wanted a product stored on a high shelf. Rather than asking staff to get the item, the customer used a staff ladder (clearly labelled that customers must not use) to reach the high shelf. While reaching for the product, the customer knocked down a box that hit another customer.
New Zealand’s work health and safety regulator is:
WorkSafe carries out the work health and safety functions previously undertaken by the Ministry of Business, Innovation and Employment (MBIE) and, earlier, the Department of Labour (OSH).
WorkSafe’s functions include to:
The regulator will work collaboratively with PCBUs, workers and their representatives to embed and promote good work health and safety practices and the highest level of protection reasonably practicable, and will enforce the health and safety law.
Some of the functions of the regulator include:
For more information see our fact sheet: The Role of the Regulator [PDF, 51 KB]
WorkSafe runs a Contact Centre that answers general questions about work health and safety issues. The Contact Centre operates during business hours and can be reached on 0800 030 040.
The role of Inspectors is to ensure duty holders (eg PCBUs and workers) comply with health and safety law.
They do this by:
All Inspectors carry an identity card.
Inspectors work with duty holders to improve workplace health and safety. They can:
Workplace assessment activities focus on risky industries, specific hazards that pose serious risks including the potential for work-related ill-health, and the causes of common injury. Inspectors generally conduct planned inspections in these areas.
Investigations may be conducted after work events such as fatalities, serious injuries, dangerous incidents and emergencies.
Inspectors may also visit workplaces to:
If an Inspector reasonably believes that HSWA or regulations have been breached or there is an immediate risk to health and safety, there are a range of measures they can use to ensure the unsafe situation is remedied. In addition, where HSWA or regulations have been breached Inspectors may consider issuing notices (eg improvement notices, prohibition notices) or the regulator may take prosecution action.
Under certain circumstances, instead of taking enforcement action, WorkSafe Inspectors may provide directive advice (eg directive letters or verbal directions). Letters and verbal directions are recorded by WorkSafe and may be referred to in the future if a similar breach occurs.
Inspectors’ powers under HSWA include the power to, at any reasonable time, enter any workplace and:
For information about WorkSafe’s approach to enforcement including the principles of the enforcement regime (proportionality, transparency, consistency, accountability), read our Enforcement Policy [PDF, 171 KB] . (external link)
The regulator has a range of tools to:
The regulator has a range of tools available.
Appropriate tools will be used, depending on the circumstances, including the level of risk or potential risk to health and safety, the willingness of the PCBU to comply with the law, and any harm that has been suffered.
These can range from improvement notices and prohibition notices to prosecution.
Professional judgement, guided by relevant regulator policies, and the details of each situation will be used to determine which enforcement option is appropriate.
The tools available to the regulator include the following:
Improvement notices can be issued by an Inspector who reasonably believes that a breach of HSWA or regulations is occurring or is likely to occur. An improvement notice requires changes to be made to remedy the breach or likely breach within a stated (reasonable) time period (the compliance period). Notices must be displayed.
A Provisional Improvement Notice (issued by an HSR) that has been confirmed by an Inspector must be treated as an improvement notice issued by an Inspector.
The person who has been issued with an improvement notice must comply with the notice within the compliance period or be liable on conviction to a fine. Inspectors may extend the compliance period before it expires.
An Inspector may issue a prohibition notice if they reasonably believe a workplace activity involves or will involve a serious risk to health and safety arising from an immediate or imminent exposure to a hazard. Prohibition notices can also be issued in respect of certain activities or workplaces requiring authorisation (including mining operations) where the Inspector believes there is a serious risk to health and safety or there is likely to be such a risk, because of a failure to comply with HSWA or regulations. Notices must be displayed.
Once a prohibition notice has been issued then the activity has to stop until an Inspector is satisfied that the risks have been remedied. A prohibition may be given orally at first, but must be by a written notice as soon as practicable.
Remedial action may be taken by the regulator when a person fails to take reasonable steps to comply with the requirements of a prohibition notice, or if a prohibition notice could be issued but the person cannot be found. Remedial action is taken to ensure that a workplace or situation is made safe. The regulator can recover the costs of doing this from the relevant person.
A non-disturbance notice is a written notice issued by an Inspector requiring a PCBU who manages or controls a workplace to preserve a site where a notifiable event has occurred, or prevent a particular site (including the operation of plant) being disturbed for a specified period. A non-disturbance notice may be issued if the Inspector reasonably believes it is necessary to facilitate the exercise of his or her compliance powers. Notices must be displayed.
A non-disturbance notice does not prevent any action to assist anyone who has been injured, remove a deceased person, or to make the site safe, or action done or directed by a constable, or authorised by an Inspector.
It is important to note that, even without the issue of a non-disturbance notice, the PCBU who manages or controls a workplace where a notifiable event occurs has a duty to take all reasonable steps to ensure that the site where the event occurred is not disturbed until released by an Inspector.
For more information on notifiable events, see section 4 of this guide.
Infringement notices may be issued by the regulator for prescribed offences against HSWA or regulations.
The law does not require the regulator to give prior warning before issuing an infringement notice. A person issued with an infringement notice may challenge the notice in court, or otherwise must pay the fee set out in the notice. A notice may be revoked by WorkSafe, but only if the infringement fee has not yet been paid or ordered to be paid by the court.
An enforceable undertaking is an alternative to prosecution. When agreed to by the regulator, it allows a person to voluntarily enter a binding agreement to take action to remedy an alleged breach of the law. Once an enforceable undertaking has been agreed to, it is enforceable against the person who made it. While it is in effect, the regulator cannot bring a prosecution for the relevant breach of the law. A person can, with the regulator’s agreement, vary or withdraw an enforceable undertaking.
If the person contravenes an enforceable undertaking, the regulator can apply to the District Court for appropriate orders. The District Court could order the person to comply, or make other orders, including an order for the person to pay the regulator’s costs in applying to the court. A person could also be subject to a prosecution for the contravention.
The regulator may prosecute duty holders for breaches of HSWA or regulations.
The decision to prosecute is influenced by a number of factors, as set out in the regulator’s prosecution policy. This includes consideration of whether there is sufficient evidence to provide a reasonable prospect of conviction and if prosecution is in the public interest.
HSWA also allows a person to bring a private prosecution (see section 10.4 of this guide).
See prosecutions for more information.
There are a range of offences and penalties under HSWA and regulations. Imprisonment is reserved for the most serious offences.
Penalties depend on the offence and what type of duty holder the offender is:
In addition to court-imposed penalties, infringement notices can be issued by a regulator for specified offences against HSWA or regulations. The person receiving the infringement notice is required to pay an infringement fee or may dispute against the notice, which means that the matter turns into a criminal proceeding against that person heard in the District Court.
The following sections briefly summarise offences and penalties under HSWA, and provide answers to common questions about prosecutions.
For specific information about offences and penalties see our guidance: Offences and Penalties under the Health and Safety at Work Act 2015 [PDF, 88 KB]
The most serious offences under HSWA are for failures to comply with health and safety duties under sections 36 to 46 of HSWA. These cover the duties of PCBUs, officers, workers and other persons at workplaces.
The offences are:
WorkSafe, as the prosecutor, must prove the offence beyond reasonable doubt.
The maximum penalties for these offences are found in Table 5.
Individual who is not a PCBU or officer (for example a worker or other person at a workplace)
Officer of a PCBU or an individual who is a PCBU (for example self-employed)
Anyone else (for example an organisation that is a PCBU)
Section 47 (reckless conduct in respect of duty that exposes an individual to a risk of serious injury, serious illness or death)
Five years in prison or $300,000 fine, or both
Five years in prison or $600,000 fine, or both
Section 48 (failure to comply with a duty that exposes an individual to a risk of serious injury, serious illness or death)
$1.5 million fine
Section 49 (failure to comply with a duty)
Table 5: Maximum penalties for health and safety duty offences
There are offences under HSWA for failing to meet or comply with other health and safety obligations.
Depending on the offence, maximum penalties range from $5,000-$100,000 fines for an individual (eg a self-employed PCBU) and $25,000-$500,000 fines for other persons (eg a company).
These include offences in relation to:
The regulator prosecutes offences committed against HSWA (section 143 of HSWA). A private prosecution can be brought if:
Under certain circumstances, the court may give leave to bring a private prosecution.
Prosecution for offences may be brought within the latest of:
There are different time limits for a private prosecution (section 148 of HSWA).
The court can make a number of orders when sentencing for offences, in addition to fines and imprisonment as follows:
It is an offence not to comply with any of the court-imposed orders (other than injunctions or court-ordered enforceable undertakings) (section 159 of HSWA). The maximum penalties are:
The court can order the offender to pay money towards the regulator’s costs in prosecuting the offence, including investigation and legal costs (section 152 of HSWA).
Insurance policies cannot be used to pay fines or infringement fees imposed under HSWA. It is an offence to offer or enter into an insurance policy to pay a fine or infringement fee (section 29 of HSWA). The maximum penalties are:
However, insurance can be used to make reparation payments ordered as part of a sentence by the court.
Courts use a range of information to decide what the right sentence is (section 151 of HSWA), including:
Anyone convicted of an offence under HSWA or regulations may appeal to a higher court. Guidance on how to appeal a conviction is available on the Ministry of Justice website.
As previously noted, the four duty holders can be convicted for failing to meet health and safety duties. An officer of a PCBU can be convicted for failing to meet the due diligence obligation, whether or not the PCBU has been convicted of an offence (section 50 of HSWA).
There are exceptions in HSWA that mean some people will not be prosecuted for health and safety duty offences as described below.
Volunteers cannot be prosecuted for failing to comply with a health and safety duty under HSWA (section 51 of HSWA), unless it is a duty under:
Some officers cannot be prosecuted for failing to meet their due diligence obligations (section 52 of HSWA). These are:
The following terms are used in this guide.
Term
Legal definition (as noted) or brief explanation
Is a way of eliminating or minimising risks to health and safety.
Is a government agency other than WorkSafe designated to carry out certain health and safety functions.
Means a person who has a duty under HSWA. There are four types of duty holders – PCBUs, officers, workers and other persons at workplaces.
Hazard (section 16 of HSWA)
Includes a person’s behaviour where that behaviour has the potential to cause death, injury, or illness to a person (whether or not that behaviour results from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person’s behaviour).
Health and Safety at Work Act 2015 (HSWA)
Is the key work health and safety law in New Zealand. This covers nearly all work and workplaces.
Health and safety committee (HSC)
Supports the ongoing improvement of health and safety at work. An HSC enables PCBU representatives, workers and other HSC members to meet regularly and work co-operatively to ensure workers’ health and safety.
Health and safety representative (HSR)
Is defined in HSWA as a worker elected as an HSR in accordance with subpart 2 of Part 3 of HSWA.
HSRs are elected by members of their work group to represent them in health and safety matters. Throughout this guide, the term HSR means an elected representative who meets the requirements of HSWA and the Health and Safety At Work (Worker Engagement, Participation and Representation) Regulations 2016. It does not apply to people who are referred to as HSRs under other arrangements, but who are not elected under HSWA.
Involves testing workers’ health to identify potential signs of harm to their health arising from work and any changes on an ongoing basis.
Notifiable event (sections 23, 24 and 25 of HSWA)
Means any of the following events that arise from work–
See Section 5 of this guide for more information about notifiable events.
Notifiable injury or illness means:
Despite above, notifiable injury or illness does not include any injury or illness declared by regulations not to be a notifiable injury or illness for the purposes of this Act.
Notifiable incident means an unplanned or uncontrolled incident in relation to a workplace that exposes a worker or any other person to a serious risk to that person’s health or safety arising from an immediate or imminent exposure to:
Despite above, notifiable incident does not include an incident declared by regulations not be a notifiable incident for the purposes of this Act.
Officer (section 18 of HSWA)
In relation to a PCBU,–
See Section 5 of this guide for more information about officers.
Other person at workplace
Examples of other persons include workplace visitors and casual volunteers at workplaces.
See Section 7 of this guide for more information about other persons at workplaces.
Overlapping PCBU duties
Means when more than one PCBU has health and safety duties in relation to the same matter.
PCBU (section 17 of HSWA)
See Sections 2-3 of this guide for more information about PCBUs.
Personal protective equipment (PPE) (section 16 of HSWA)
Plant (section 16 of HSWA)
Reasonably practicable (section 22 of HSWA)
In relation to a PCBU’s primary duty, the duty of PCBUs who manage or control a workplace, or who manage or control fixtures, fittings or plant at workplaces, and the upstream PCBU duty means that which is, or was, at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters, including–
Is WorkSafe or the relevant designated agency.
Risks arise from people being exposed to a hazard (a source of harm).
Structure (section 16 of HSWA)
Supply (section 21 of HSWA)
Supply, in relation to a thing,–
Note that supply does not include financiers in certain circumstances.
Is an organisation that supports its membership by advocating on their behalf. The Employment Relations Act 2000 gives employees the freedom to join unions and bargain collectively without discrimination. Workers can choose whether or not to join a union.
A union is entitled to represent members’ employment interests, including health and safety matters.
In this guide means PCBUs who design, manufacture, import or supply plant, substances or structures, or who install, construct or commission plant or structures.
‘Design’ is defined in HSWA as including–
See Section 3.5 of this guide for more information about upstream PCBU duties.
Volunteer (section 16 of HSWA)
Means a person who is acting on a voluntary basis (whether or not the person receives out-of-pocket expenses).
Volunteer association (section 17(2) of HSWA)
Means a group of volunteers (whether incorporated or unincorporated) working together for one or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association.
See Section 2.3 of this guide for more information about volunteer associations.
Volunteer worker (section 19(3) of HSWA)
See Section 6.2 of this guide for more information about volunteer workers.
Worker (section 19 of HSWA)
A PCBU is also a worker if the PCBU is an individual who carries out work in that business or undertaking.
See Section 6 of this guide for more worker information.
Workplace (section 20 of HSWA)
In this section, place includes–
Involves measuring exposure to a hazard arising from work (eg noise, vibrations).
WorkSafe New Zealand (WorkSafe)
Below is a summary of the work health and safety regulations and what they cover at the date of publication. All regulations can be found at legislation.govt.nz (external link)
Health and Safety at Work (General Risk and Workplace Management) Regulations 2016
Regulations covering managing general and specific work risks, and workplace facilities requirements.
Parts apply to all workplaces.
Health and Safety at Work (Worker Engagement, Participation and Representation) Regulations 2016
Regulations covering requirements for health and safety representatives and health and safety committees.
Health and Safety at Work (Asbestos) Regulations 2016
Regulations covering work that deals with asbestos.
Health and Safety at Work (Hazardous Substances) Regulations 2017
Regulations covering work that deals with hazardous substances.
Health and Safety at Work (Major Hazard Facilities) Regulations 2016
Regulations covering facilities that fit the criteria of major hazard facilities.
Health and Safety at Work (Adventure Activities) Regulations 2016
Regulations covering the registration of adventure activity operators.
Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016
Regulations applying to mining and quarrying operations including competency requirements of safety critical roles, health and safety management systems, principal hazard management plans, and principal control plans.
Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016
Regulations applying to petroleum installations and well operations including general duties, safety case requirements, certificates of fitness, and verification schemes.
Health and Safety at Work (Infringement Offences and Fees) Regulations 2016
Regulations covering the infringement offences and fees, and infringement notices.
Health and Safety at Work (Rates of Funding Levy) Regulations 2016
Regulations prescribing the levy required to be paid by employers and self-employed people.
HSE Regulations 1995
Regulations covering a range of general requirements including requirements relating to noise, machinery, working at height, scaffolding, excavation, and certificates of competence.
HSE (Pipelines) Regulations 1999
Regulations covering certain pipelines carrying petroleum, natural gas or other potentially hazardous substances, including general duties, requirements for design, construction, operation, maintenance, suspension and abandonment, certification and notification.
HSE (Pressure Equipment, Cranes and Passenger Ropeways) 1999
Regulations covering pressure equipment, cranes, and passenger ropeways, including duties of controllers, designers, manufacturers and suppliers, and certificates of design verification, inspection, and competence.
Amusement Devices Regulations 1978
Regulations including registration and incident notification of amusement devices.
Geothermal Energy Regulations 1961
Regulations including granting authorities and licences, manager duties, safety and consents in relation to geothermal operations.
Lead Process Regulations 1950
Regulations including requirements for equipment, personal protection clothing, cleaning, and health monitoring where lead processing takes place.
Spray Coating Regulations 1962
Regulations including requirements for booths, ventilation, drying and health monitoring where spray coating is done.
Electricity (Safety) Regulations 2010 – Part 8
Regulations with Part 8 covering health and safety requirements for electrical work.
Table 6: Health and safety regulations
1 - Adapted from the definition in Safe Work Australia’s Model Code of Practice: Managing the Risks of Plant in the Workplace (May 2018).
2 - This does not apply if the event is being investigated under the Armed Forces Discipline Act 1971 or the Transport Accident Investigation Commission Act 1990.
3 - Note: Some health and safety regulations do require notifiable events to be investigated (eg the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016).
