The Health and Safety at Work Act 2015(external link) (HSWA) 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
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)
| Duty holder | Who they are? | Examples | What are their duties? | For more information |
| Person Conducting a Business or Undertaking (PCBU) |
A person conducting a business or undertaking (PCBU) may be an individual person or an organisation |
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A PCBU has many duties. Key duties are summarised below. Primary duty of care 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. |
Introduction to the Health and Safety at Work Act 2015 Appendix D of this guidance for an explanation of ‘so far as is reasonably practicable’ |
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The following are not PCBUs:
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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.
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Identifying, assessing and managing work risks [PDF, 404 KB] Section 2.5 of this guidance |
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Overlapping duties: working with other PCBUs section 34 of HSWA(external link) A PCBU with overlapping duties must, so far as is reasonably practicable, consult, cooperate and coordinate activities with other PCBUs they share duties with. |
Appendix E of this guidance |
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Involving workers: worker engagement, participation and representation Part 3 of HSWA(external link) 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. |
Appendix F of this guidance | |||
| Upstream PCBU | A PCBU in the supply chain |
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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. |
Introduction to the Health and Safety at Work Act 2015 Appendix G of this guidance |
| Officer |
A specified person or a person who exercises significant influence over the management of the business or undertaking |
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An officer must exercise due diligence that includes taking reasonable steps to ensure that the PCBU meets their health and safety duties. | Introduction to the Health and Safety at Work Act 2015 |
| Worker |
An individual who carries out work for a PCBU section 19 of HSWA(external link) |
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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. |
Introduction to the Health and Safety at Work Act 2015 |
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Other person at the workplace |
An individual present at a workplace (not a worker) |
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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. |
Introduction to the Health and Safety at Work Act 2015 |
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