What are my employer's health and safety obligations in NZ?

Under the Health and Safety at Work Act 2015 (HSWA), employers (called PCBUs — persons conducting a business or undertaking) have a primary duty to ensure the health and safety of workers and others affected by their work.

Primary duty of care (s36 HSWA): A PCBU must ensure, so far as is reasonably practicable:

• The provision and maintenance of a work environment without health and safety risks
• Safe plant and structures
• Safe systems of work
• The provision of adequate facilities
• Health monitoring where appropriate

What "reasonably practicable" means: This balances the likelihood and severity of harm against the cost and difficulty of eliminating it. High-risk work requires more robust controls.

Employees' rights:

• The right to refuse unsafe work if you have reasonable concern about a serious risk to health and safety (s83 HSWA)
• The right to participate in health and safety matters through a Health and Safety Representative (HSR)
• The right not to be discriminated against for raising health and safety concerns

Enforcement: WorkSafe NZ (worksafe.govt.nz) enforces the HSWA. Breaches can result in:

• Improvement notices
• Prohibition notices (stopping unsafe work immediately)
• Infringement fees
• Prosecution (fines up to $3 million for PCBUs, up to $600,000 for individuals)

Source: Health and Safety at Work Act 2015, s36 — View on legislation.govt.nz