NEW ZEALAND'S

HEALTH AND SAFETY

Responsibilities of an employer

In New Zealand, under the Health and Safety at Work Act 2015 (HSWA), employers (or those conducting a business or undertaking, known as PCBUs) have important responsibilities to ensure the health and safety of their workers and others affected by their work. These responsibilities are centered around managing risks and creating a safe working environment. Below are the key duties of an employer (PCBU):

1. Ensure the Health and Safety of Workers

Employers must ensure, as far as is reasonably practicable, the health and safety of:

  • Workers employed by them.
  • Workers whose work they influence or direct (including contractors and subcontractors).
2. Ensure the Health and Safety of Others

Employers must ensure their activities do not put other people (e.g., customers, visitors, the public) at risk.

3. Provide and Maintain a Safe Workplace

Employers are responsible for:

  • Providing and maintaining a safe work environment.
  • Ensuring safe systems of work.
  • Ensuring the safe use, handling, and storage of machinery, equipment, and substances.
4. Provide Necessary Information, Training, and Supervision

Employers must ensure workers:

  • Are provided with information, training, instruction, and supervision to do their work safely.
  • Understand how to identify and manage risks in their roles.
5. Engage with Workers

Employers must involve workers in workplace health and safety matters, including:

  • Consulting with workers about health and safety decisions.
  • Supporting workers to participate in safety-related discussions and activities.
6. Provide and Maintain Personal Protective Equipment (PPE)

If PPE is required, employers must:

  • Provide it free of charge.
  • Ensure it is maintained and used correctly.
7. Identify and Manage Risks

Employers must:

  • Identify workplace hazards and assess risks.
  • Eliminate risks to health and safety, as far as reasonably practicable.
  • Minimize risks if they cannot be eliminated.
8. Prepare for Emergencies

Employers must:

  • Develop and maintain emergency plans.
  • Provide workers with the resources and training needed to respond to emergencies.
9. Monitor Health and Workplace Conditions

Employers must:

  • Monitor workers’ health if exposure to risks (e.g., chemicals, noise) is likely to harm them.
  • Regularly review and assess workplace conditions.
10. Penalties for Non-Compliance

Employers who fail to meet their responsibilities under the HSWA can face significant penalties, including:

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  • Potential imprisonment for serious breaches.

Key Principle

Employers must take all actions that are “reasonably practicable” to ensure workplace health and safety. This means balancing the level of risk against the time, cost, and effort required to address it - while keeping safety as the top priority.

Responsibilities of an employee

In New Zealand, under the Health and Safety at Work Act 2015 (HSWA), workers have specific responsibilities to ensure their own safety and the safety of others while at work. These responsibilities align with the principle that everyone has a role to play in maintaining a safe workplace. Below are the key responsibilities of a worker:

1. Take Reasonable Care of Their Own Health and Safety

Workers must actively look after their well-being and take steps to avoid any harm that might arise from their actions or inactions.

2. Take Reasonable Care to Not Harm Others

Workers must ensure their actions or omissions do not harm or endanger others, including co-workers, contractors, visitors, and customers.

3. Follow Reasonable Instructions

Workers must comply with reasonable health and safety instructions given by their employer or a person conducting a business or undertaking (PCBU), as long as those instructions are lawful and relate to safety.

4. Cooperate with Policies and Procedures

Workers are required to follow the health and safety policies and procedures that the PCBU has implemented for workplace safety.

5. Use Equipment Properly

Workers should use any personal protective equipment (PPE) or safety equipment provided by the employer as instructed.

6. Report Hazards or Risks

Workers should immediately report any workplace hazards, risks, incidents, or unsafe practices to their supervisor, manager, or health and safety representative.

7. Participate in Health and Safety Training and Consultations

Workers should actively engage in any training, induction, or consultation processes regarding workplace health and safety.

Example in Practice

  • Wearing PPE such as helmets, gloves, or masks where required.
  • Reporting faulty machinery to management to prevent accidents.
  • Keeping walkways clear to avoid trips or slips.
  • Attending safety briefings and implementing the information learned.

Penalties for Non-Compliance

Workers who fail to meet their health and safety responsibilities may face disciplinary actions or penalties under the HSWA. However, the primary goal of the Act is to promote a proactive safety culture rather than impose punitive measures.

Right of a worker to cease work (section 83 of HSWA)

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:

 

  • they try to resolve the matter with the PCBU as soon as possible after first refusing to work and
  • the matter is not resolved and
  • they believe on reasonable grounds that doing the work would put them or another person at a serious health or safety risk (including where they are told by an HSR that this is the case).

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.