A written enforcement tool used by WorkSafe Inspectors that sets out steps the recipient must follow in order to comply with HSWA or its regulations. 

Directive Letters are non-statutory enforcement measures. They are used when the inspector makes a decision that the non-compliance does not require a statutory notice. 

WorkSafe keeps a record of the advice given in these letters in case there is a similar breach in the future. 

A structured self-review undertaken on a voluntary basis by a duty holder at the request of WorkSafe.  

A Duty Holder Review helps the duty holder to understand: 

• what caused a near miss or serious harm event 
• what they can do to prevent another near miss or serious harm event from happening  
• how they can encourage good practices that result in positive outcomes for workers. 

A warning notice that outlines the offence and the remedial action to take. 

An agreement between WorkSafe and a duty holder following a breach (including an alleged breach) of HSWA. Once in place, it’s legally binding. Generally used as an alternative to prosecution.

For more information see our What is an Enforceable Undertaking page.

Any product or chemical that has explosive, flammable, oxidising, toxic, corrosive or ecotoxic properties:

• explosive: explodes or causes explosion.
• flammable: ignites easily and burns rapidly.
• oxidising: could be gaseous, solid or liquid and can cause or intensify fire and explosion.
• toxic: can harm people if it enters the body through contact, being inhaled or ingested. The effects can range from mild to life threatening, and can be immediate or long term.
• corrosive: can cause severe skin burns and eye damage.
• ecotoxic: is toxic to the environment.

Provides for the approval to import or manufacture new hazardous substances and the setting of controls on substances in non-workplaces and to protect the environment.  

You can find the full text of the Act on the New Zealand Legislation website(external link). 

The key work health and safety law in New Zealand. All work and workplaces are covered by HSWA unless specifically excluded.

You can find the full text of the Act on the New Zealand Legislation website(external link). 

A person employed by WorkSafe (or Civil Aviation Authority or Maritime New Zealand) to assess health and safety compliance, and investigate work health and safety incidents.

A notice issued by an enforcement officer, requiring a responsible party to pay a fine for breaching specified health and safety obligations. 

Infringement notices may be used for breaches under the Covid Public Health Response Act 2020. 

A notice issued by a health and safety inspector or a technical officer, requiring a responsible party to pay a fine for breaching specified health and safety obligations. 

Infringement notices may be used for specified breaches under HSWA, the Gas and Electricity Acts, or associated regulations.  

A request by a PCBU for WorkSafe to review:  

• a decision made by an inspector to issue a notice or to extend a notice under HSWA  
• a decision made by an inspector in respect of a provisional improvement notice under HSWA  
• a specific decision that is prescribed as ‘reviewable’ in the Regulations.

A notice that requires a worksite to remain undisturbed for a set amount of time after a notifiable event (for example, a death or a serious injury) or in other circumstances.  

A Non-Disturbance Notice is used by an inspector to help them determine if there has been a breach of HSWA or the regulations. The inspector may determine there has been no breach.  

A Non-Disturbance Notice does not affect a PCBU’s compliance history.  

When any of the following occurs as a result of work:

• a death
• notifiable illness or injury
• a notifiable incident.

WorkSafe must be notified when a notifiable event occurs. Notify WorkSafe(external link).

An illness or injury that requires the person to have immediate treatment (other than first aid). For example, a serious head injury, a serious burn, an injury or illness that requires, or would usually require, the person to be admitted to a hospital for immediate treatment or to have medical treatment within 48 hours of exposure to a substance.

See our guidance on what is a notifiable event. 

When someone has been immediately exposed to a serious risk to their health and safety because of an unplanned or uncontrolled work incident. For example, exposure to a leaked substance, an electric shock, or the collapse/partial collapse of a structure.

See our guidance on what is a notifiable event.

A person who has the ability to significantly influence the management of a PCBU. This includes, for example, company directors and chief executives.

Officers must exercise due diligence to ensure the PCBU meets its health and safety obligations.

Also see Duty holder

Includes workplace visitors and casual volunteers (who are not volunteer workers).

These people have their own health and safety duties to take reasonable care to keep themselves safe and to not harm others at a workplace.

Also see Duty holder

A PCBU does not include workers or officers of a PCBU, volunteer associations with no employees, or home occupiers that employ or engage a tradesperson to carry out residential work.

Also see Duty holder

Anything used or worn by a person (including clothing) to minimise risks to the person’s health and safety.  
This may include – but is not limited to: 

• respiratory protective equipment
• protective helmets
• protective eyewear
• protective boots
• protective gloves
• hearing protection
• high-vis clothing
• sunhats 
• sunscreen and lip protection
• safety harness systems.

Includes:

• any machinery, vehicle, vessel, aircraft, equipment (including personal protective equipment), appliance, container, implement, or tool; and
• any component of any of those things, and
• anything fitted or connected to any of those things. 

A notice issued by a WorkSafe Inspector when there is a serious risk to people’s health and safety.  

A Prohibition Notice requires all activities that pose a serious risk to people’s health and safety to stop immediately until the problem is resolved.  

A prohibition notice may require a PCBU to:  

• cease importation 
• cease the use, sale, or manufacture of the product or installation  
• alert the public of safety risks  
• specify how to follow the instructions given by WorkSafe.  

A written notice issued by an HSR to a person or a PCBU asking them to address a health and safety concern in the workplace.

For more information see our page on Provisional Improvement Notices. 

What is or was reasonably able to be done to ensure health and safety taking into account and weighing up relevant matters including:

• the likelihood of the risk concerned occurring or workers being exposed to the hazard
• the degree of harm that might result
• what the person concerned knows, or ought reasonably to know, about:
  • the hazard or risk
  • ways of eliminating or minimising the risk
• the availability and suitability of ways to eliminate or minimise the risk
• after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

Control measures can only not be implemented where cost is grossly disproportionate. 

A type of subordinate instrument (sometimes called tertiary legislation) under HSWA. SWIs can be used for almost any purpose, however, they only have legal effect where specifically referred to in relevant regulations.

SWIs can be used to:

• prescribe detailed or technical matters or standards that change relatively frequently and will often be industry-specific
• set additional or modified workplace controls for hazardous substances approved or reassessed by the Environmental Protection Authority
• provide an alternative means of complying with regulations
• support the effective operation of the health and safety regulatory framework, for instance by setting exposure monitoring standards or stipulating requirements for training, competence or safety management systems.

Anything that is constructed, whether fixed, moveable, temporary, or permanent; includes:

• buildings, masts, towers, frameworks, pipelines, quarries, bridges, and underground works (including shafts or tunnels)
• any component of a structure, and
• part of a structure. 

A term defined by the law. It means a substance (or product containing a substance) that is known or suspected to cause harm to health.

It includes:

• a substance classified as having toxic or corrosive properties under the Hazardous Substances and New Organisms Act 1996
• a substance for which a prescribed exposure standard exists
• a substance specified in a safe work instrument as requiring health monitoring.

A Sustained Compliance Letter is issued instead of a Prohibition Notice when the duty holder rectifies the issue while the inspector is still on site.  

It creates a written record and allows the duty holder to address the underlying issue(s) that led to the immediate risk of harm. 

WorkSafe keeps a record of the advice given in these letters in case there is a similar breach in the future.  

PCBUs who design, manufacture, import or supply plant, substances or structures, or who install, construct or commission plant or structures.

‘Design’ includes the:

• design of part of the plant, substance, or structure, and
• redesign or modification of a design. 

Under the COVID-19 Public Health Response Act 2020, an Enforcement Officer may give a direction to stop any activity or direct a person to take an action to comply with a section 11 order. These directions can be given verbally or written. 

WorkSafe keeps a record of the advice given in these directions in case there is a similar breach in the future. 

A verbal enforcement tool used by WorkSafe inspectors to set out steps that the recipient must follow in order to comply with HSWA or its regulations.  

Verbal Directions are non-statutory enforcement measures. They are used when the inspector decides that the non-compliance does not require a statutory notice. 

WorkSafe keeps a record of the advice given in case there is a similar breach in the future.  

A person who is acting on a voluntary basis (whether or not the person receives out-of-pocket expenses). 

• with the knowledge or consent of the PCBU, and
• on an ongoing and regular basis, and
• who is an integral part of the business or undertaking.

Does not include a volunteer undertaking any of the following voluntary work activities:

• participating in a fund-raising activity
• assisting with sports or recreation for an educational institute, sports club, or recreation club
• assisting with activities for an educational institute outside the premises of the educational institution
• providing care for another person in the volunteer’s home. 

Engagement - how a PCBU involves workers in health and safety matters and decisions in the workplace. The PCBU has to engage with its workers when doing or planning anything that will affect worker’s health and safety.

Participation - ways that workers can raise health and safety concerns, suggest ways to improve health and safety, and be involved in decisions that affect work health and safety.

Representation – having one or more people representing workers on health and safety matters.

Representative - a person, such as a Health and Safety Representative, who workers can approach about health and safety issues who will in turn raise them with the PCBU on the workers’ behalf.

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.

Most duties under HSWA relate to the conduct of work. However some duties are linked to workplaces. 

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).

PCBU is also a worker if the PCBU is an individual who carries out work in that business or undertaking.

Also see Duty holder

The government agency that’s the key work health and safety regulator.

Other government agencies can be designated to carry out certain health and safety functions, for example, Maritime New Zealand and the Civil Aviation Authority.

Previous work health and safety regulators include OSH, Department of Labour, and MBIE.

The impact work can have on people’s health. In the past, it was known as occupational health.

For more information see our About Work-related health page. 

Written Directions require PCBUs to make changes within a certain time period.  

Under the COVID-19 Public Health Response Act 2020, an Enforcement Officer may: 

• give a direction to stop any activity, or  
• direct a person to take an action to comply with an order.