The Health and Safety at Work Act 2015 (HSWA)(external link) is New Zealand’s key work health and safety law.
All work and workplaces are covered by HSWA unless they have been specifically excluded. For example, HSWA does not apply to the armed forces in certain situations.
HSWA sets out the work health and safety duties that duty holders must comply with.
There are four types of duty holder under HSWA:
- a person conducting a business or understanding (PCBU)
- an officer
- a worker
- an ‘other person’ at the workplace.
Most duties under HSWA relate to how work is carried out. However some duties are linked to where work is carried out: the workplace.
A workplace is a place where work is being carried out or usually carried out for a business or undertaking. It includes any place where a worker goes or is likely to be while at work section 20 of HSWA(external link)
Blue shading is used to denote content based on the changes to the Health and Safety at Work Act that come into effect on 1 April 2027.
Duty holder: Person Conducting a Business or Undertaking (PCBU)
Who they are?
A person conducting a business or undertaking (PCBU) may be an individual person or an organisation.
PCBUs can be small (fewer than 20 workers) or large (20 or more workers).
Examples
- a business
- a self-employed person
- partners in a partnership
- a government agency
- a local council
- a school or university.
The following are not PCBUs:
- officers
- workers
- other persons at a workplace
- volunteer associations that do not have employees
- home occupiers (such as home owners or tenants) who pay someone to do work around the home
section 17 of HSWA(external link)
What are their duties?
A PCBU has many duties. Key duties are summarised below.
Primary duty of care
section 36 of HSWA(external link)
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.
Scope of PCBU duties
Small PCBUs are required to comply with the critical risk provisions (sections 36–43 (but not s36(3)(e)) of HSWA, and regulations 9, 15(2) and 19 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016) only in relation to critical risks. For all other HSWA and regulatory requirements, small PCBUs must prioritise and manage critical risks over other risks.
Large PCBUs must manage all risks but prioritise and manage critical risks.
Managing risks
section 30 of HSWA(external link)
Risks to health and safety arise from people being exposed to hazards (anything that can cause harm). A PCBU must manage work health and safety risks.
- A PCBU must first try to eliminate a risk so far as is reasonably practicable. This can be done by removing the source of harm – for example, removing faulty equipment or a trip hazard.
- If it is not reasonably practicable to eliminate the risk, it must be minimised so far as is reasonably practicable.
Overlapping duties
section 34 of HSWA(external link)
When PCBUs have the same duty, each PCBU must, so far as is reasonably practicable, consult, cooperate and coordinate with the other PCBUs.
- Small PCBUs are required to cooperate with other PCBUs for critical risks. Small PCBUs may choose to cooperate in relation to risks other than critical risks.
- Large PCBUs are required to cooperate with other PCBUs for all relevant risks.
Involving workers: worker engagement, participation and representation
A PCBU must, so far as is reasonably practicable, engage with their workers (or their workers’ representatives) about health and safety matters that will directly affect the workers.
A PCBU must have worker participation practices that give their workers reasonable opportunities to participate in improving health and safety on an ongoing basis.
For more information
Introduction to the Health and Safety at Work Act 2015
Identifying, assessing and managing work risks
Duty holder: Upstream PCBU
Who they are?
A PCBU in the supply chain
Examples
- a designer
- a manufacturer
- a supplier
- an importer
- an installer, constructor, or commissioner.
What are their duties?
Upstream PCBU
sections 39–43 of HSWA(external link)
An upstream PCBU must ensure, so far as is reasonably practicable, that the work they do or the things they provide to other workplaces do not create health and safety risks.
These provisions only apply to small PCBUs in relation to critical risks.
For more information
Introduction to the Health and Safety at Work Act 2015
Duty holder: Officer
Who they are?
A specified person or a person who exercises significant influence over the management of the business or undertaking
section 18 of HSWA(external link)
Examples
- a company director
- a partner or general partner
- a chief executive.
What are their duties?
Officer
section 44 of HSWA(external link)
An officer must exercise due diligence that includes taking reasonable steps to ensure that the PCBU meets their health and safety duties.
An officer’s duties exclude activities they carry out in another role within the business, for example as a worker.
For more information
Introduction to the Health and Safety at Work Act 2015
Duty holder: Worker
Who they are?
An individual who carries out work for a PCBU
section 19 of HSWA(external link)
Examples
- 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 homeworker)
- an apprentice or trainee
- a person gaining work experience or on work trials
- a volunteer worker.
What are their duties?
Worker
section 45 of HSWA(external link)
A worker must take reasonable care of their own health and safety, and take reasonable care that they do not harm others at work.
A worker must cooperate with reasonable policies and procedures the PCBU has in place that the worker has been told about.
A worker must comply, as far as they are reasonably able, with any reasonable instruction given by the PCBU so the PCBU can meet their legal duties.
For more information
Introduction to the Health and Safety at Work Act 2015
Duty holder: Other person at the workplace
Who they are?
An individual present at a workplace (not a worker)
Examples
- a workplace visitor
- a casual volunteer (not a volunteer worker)
- a customer.
What are their duties?
Other person at the workplace
section 46 of HSWA(external link)
An ‘other person’ has a duty to take reasonable care of their own health and safety, and not adversely affect the health and safety of anyone else.
They must comply with reasonable instructions relating to health and safety at the workplace.
For more information
For more information about small and large PCBUs and critical risks, see our guidance:
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