The main purpose of the Act is to provide for a balanced framework to secure the health and safety of workers and workplaces by: A PCBU must ensure so far as is reasonably practicable, the health and safety of: In this context "workers" means more than employees of the PCBU as it extends to other persons performing work for the PCBU such as contractors and their employees. Where there is more than one PCBU involved in a workplace they must consult, cooperate with and co-ordinate their activities. Workers must: In this context "worker" means an individual who carries out work in any capacity for a PCBU, including work as: All PCBUs must, so far as is reasonably practicable, engage with workers about health and safety in the workplace. “Workers” means direct employees, contractors and subcontractors and their employees and any person working in the business who is likely to be directly affected by a matter relating to workplace health or safety. The penalty for failing to comply with the above obligation is a fine of up to $20,000 for an individual and up to $100,000 for any other person. This obligation requires: “Engagement” in this context applies in relation to: Note: A PCBU is not required to initiate the election of health and safety representatives if: A PCBU may on its own initiative, initiate the election of 1 or more health and safety representatives to represent workers. Alternatively a worker may notify the PCBU that they wish to have 1 or more health and safety representatives elected to represent workers in the workplace. The workers can nominate themselves or nominate other candidates. If the PCBU receives such notification the election must be initiated within the time prescribed in the regulations (currently within 2 months). There must be a secret ballot if requested by a member of the work group, a candidate or the PCBU. The default ratio is a minimum of 1 representative for every 19 workers. The PCBU must: A list of representatives and their contact details must be prominently displayed in the workplace. Note: A PCBU is not required to establish a health and safety committee if: A request that the PCBU establish a health and safety committee may be made by: The PCBU must decide the matter within 2 months of receiving such request. Written notice must be given to workers as soon as practicable but no later than 14 days after the decision is made. The penalty for failing to comply with the above obligation is a fine of up to $5,000 for an individual and up to $25,000 for any other person. Note: The PCBU may refuse a request to establish a health and safety committee if it is satisfied that existing worker participation practices at the workplace sufficiently meet the requirements of the Act. A person must not engage in adverse conduct for a prohibited health and safety reason. In general this means a person may not subject a worker to detriment by virtue of their involvement in health and safety activities. A person engages in “Adverse Conduct” if they: If a trained health and safety representative reasonably believes a person is contravening the legislation or is about to do so, they may issue a provisional improvement notice to that person requiring them to: However, the health and safety representative must not issue a provisional improvement notice to a person unless he or she has first consulted the person. A health and safety representative must not issue a provisional improvement notice if an inspector has already issued an improvement notice or a prohibition notice in relation to the same matter. Note: Only Health and Safety Representatives who have completed NZQA unit standard 29315 may issue a provisional improvement notice or direct unsafe work to cease. A worker may cease, or refuse to carry out, work if he/she believes that carrying out the work would expose the worker, or any other person, to a serious risk to health or safety arising from an immediate or imminent exposure to a hazard. A health and safety representative may direct a worker from the work group he/she represents to cease work if the representative reasonably believes that carrying out the work would expose the worker, or any other person, to a serious risk to health or safety, arising from an immediate or imminent exposure to a hazard. Such direction must not be given unless the matter remains unresolved within a reasonable time after consultation about the matter with the Operations Manager. However, the health and safety representative may direct the worker to cease work without consulting with the Operations Manager if the risk is so serious and immediate or imminent that it is not reasonable to consult before giving the direction. Note: Only Health and Safety Representatives who have completed NZQA unit standard 29315 may issue a provisional improvement notice or direct unsafe work to cease. A Labour Inspector may: The Court may impose significant penalties for a breach of duties. Reckless Breach with risk of death or serious injury: Breach with risk of death or serious injury: Simple Breach:
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To access the General Risk and Workplace Management Regulations click here
To access the Worker Engagement, Participation and Representation Regulations click here
To access the Asbestos Regulations click here