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NZOHS | The HSWA NZOHS

The Health and Safety at Work Act 2015 (HSWA)

HSWA Compliant

Listed below are key sections of the Health & Safety at Work Act 2015.


s28 - No contracting out -- A term of any agreement or contract that purports to exclude, limit, or modify the operation of this Act, or any duty owed under this Act, or to transfer to another person any duty owed under this Act— (a) has no effect to the extent that it does so;


s30 - Management of risks -- (1) A duty imposed on a person by or under this Act requires the person— (a) to eliminate risks to health and safety, so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable.


s36 - Primary duty of care -- (1) A PCBU must ensure, so far as is reasonably practicable, the health and safety of— (a) workers who work for the PCBU, while the workers are at work in the business or undertaking; and (b) workers whose activities in carrying out work are influenced or directed by the PCBU, while the workers are carrying out the work. (2) A PCBU must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.


s44 - Duty of officers -- (1) If a PCBU has a duty or an obligation under this Act, an officer of the PCBU must exercise due diligence to ensure that the PCBU complies with that duty or obligation.


s50 - Liability of officers -- An officer of a PCBU may be convicted or found guilty of an offence against section 44 whether or not the PCBU has been convicted or found guilty of an offence under this Act relating to the duty or obligation.


s57 - Requirement to keep records -- (1) A PCBU must keep a record of each notifiable event for at least 5 years from the date on which notice of the event is given to the regulator under section 56.


s58 - Duty to engage with workers -- (1) A PCBU must, so far as is reasonably practicable, engage with workers— (a) who carry out work for the business or undertaking; and (b) who are, or are likely to be, directly affected by a matter relating to work health or safety. (2) If the PCBU and the workers have agreed to procedures for engagement, the engagement must be in accordance with those procedures.


s62 - Election of health and safety representatives -- (3) A PCBU may, on the PCBU’s own initiative, initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.


s66 - Health and safety committees -- (8) A PCBU at a workplace may establish a health and safety committee for the workplace or part of the workplace on the PCBU’s own initiative.


s83 - Right of worker to cease or refuse to carry out unsafe work -- (1) A worker may cease, or refuse to carry out, work if the worker believes that carrying out the work would expose the worker, or any other person, to a serious risk to the worker’s or other person’s health or safety arising from an immediate or imminent exposure to a hazard.


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What are Regulations ?

Regulations are made under the HSWA:

To set minimum standards for the management of particular hazards/risks where alternative control measures are not always effective;

To deal with administrative matters provided for in the Act (such as infringement offences and fees); and

To elaborate on some general 'duties' in the Act.

Where a regulation exists, its requirements are mandatory.


However, while regulations must be complied with, the overriding responsibility is to comply with the 'duties' set out in the Act, and there may be instances where this involves taking further steps than meeting the regulations.


Regulations made under the HSWA are:

Health and Safety at Work (Adventure Activities) Regulations 2016

Health and Safety at Work (Asbestos) Regulations 2016

Health and Safety at Work (General Risk and Workplace Management) Regulations 2016

Health and Safety at Work (Hazardous Substances) Regulations 2016

Health and Safety at Work (Infringement Offences and Fees) Regulations 2016

Health and Safety at Work (Major Hazard Facilities) Regulations 2016

Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016

Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016

Health and Safety at Work (Rates of Funding Levy) Regulations 2016

Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016




Other Legisation

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