On the 4th April 2016 the new Health and Safety at Work Act came into effect.

The regulations, supported with information and guidance from WorkSafe New Zealand, are intended to support businesses in understanding what they need to do to ensure they are working safely.  The new Health and Safety at Work Act 2015 has a wider scope as it deals with PCBU’s.

What is a PCBU?

PCBU stands for a Person Conducting a Business or Undertaking; this also includes workers and employees of that PCBU.  PCBU’s have duties to ensure that the workplace is without risks to the health and safety of any person.

These duties include:

-      Providing and maintaining a work environment, accommodation and systems of work that are without risks to health and safety;

-      Ensuring the safe use, handling and storage of plant, structures and substances;

-      Providing adequate facilities for the welfare at work of workers in carrying out work for the business, including access to those facilities;

-      Providing any information, training, instruction, or supervision that is necessary to protect all persons from risks; and

-      Monitoring the health of workers and the conditions at the workplace for the purpose of preventing injury or illness of workers arising from the conduct of the business.

For failing to comply with these duties through reckless conduct that exposes an individual to a risk of serious injury, illness or death for a PCBU the maximum fine is $3 million.

The new law was written to include employees as well as contractors, sub-contractors, volunteer workers, apprentices and trainees.

Practical examples of how workers can ensure they are working safely:

-      Adhering to all safe working procedures in accordance with the PCBU's instructions;

-      Taking reasonable care of themselves and others who may be affected by the worker's actions;

-      Notifying the PCBU's health and safety officer and management of any possible health and safety breaches by others in the organisation.  All organisations, regardless of size are required to have a designated health and safety officer under the act;

-      Participating fully in all health and safety policy development, implementation and compliance;

-      Complying with all accident and near-miss reporting policies; and

-      Ensuring all personal protective equipment is worn correctly at all times.

If a worker is an officer (director, principal or owner) of a PCBU then the maximum penalty for a breach of the new act is a fine of up to $600,000 and up to five years imprisonment. 

If the worker is not an officer then the maximum penalty is a fine of up to $300,000 and up to five years imprisonment.