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Health and Safety at Work Act 2015

Health and safety at work - Interpretation - Key terms

19: Meaning of worker

You could also call this:

“Who counts as a worker under this law”

In this law, a worker is someone who does work for a PCBU (Person Conducting a Business or Undertaking). This can be in many different ways. You might be a worker if you’re an employee, a contractor, or even if you’re working for a contractor. If a company sends you to work somewhere else, you’re still a worker. People who work from home, apprentices, trainees, and volunteers can all be workers too. Even if you’re just getting work experience or trying out a job, you can be a worker.

If you’re a police officer (called a constable), you’re a worker when you’re on duty or doing police work. The same goes for people in the Armed Forces - they’re workers when they’re on duty or doing their job. If you run your own business and you do work in that business, you can be both a PCBU and a worker.

The law also talks about volunteer workers. These are people who volunteer regularly for a PCBU, and their work is an important part of what the PCBU does. The PCBU needs to know about and agree to their work. But not all volunteers are volunteer workers. If you’re raising money, helping with sports or recreation at a school or club, helping with school activities outside of school, or looking after someone in your own home, you’re not a volunteer worker under this law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5976853.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
Crime and justice > Police and safety
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“What counts as a workplace under health and safety law”

Part 1 Health and safety at work
Interpretation: Key terms

19Meaning of worker

  1. In this Act, unless the context otherwise requires, a worker means an individual who carries out work in any capacity for a PCBU, including work as—

  2. an employee; or
    1. a contractor or subcontractor; or
      1. an employee of a contractor or subcontractor; or
        1. an employee of a labour hire company who has been assigned to work in the business or undertaking; or
          1. an outworker (including a homeworker); or
            1. an apprentice or a trainee; or
              1. a person gaining work experience or undertaking a work trial; or
                1. a volunteer worker; or
                  1. a person of a prescribed class.

                    1. For the purposes of subsection (1),—

                    2. a constable is—
                      1. a worker; and
                        1. at work throughout the time when the constable is on duty or is lawfully performing the functions of a constable, but not otherwise:
                        2. a member of the Armed Forces is—
                          1. a worker; and
                            1. at work throughout the time when the member is on duty or is lawfully performing the functions of a member of the Armed Forces, but not otherwise:
                            2. a PCBU is also a worker if the PCBU is an individual who carries out work in that business or undertaking.

                              1. In this Act, a volunteer worker—

                              2. means a volunteer who carries out work in any capacity for a PCBU—
                                1. with the knowledge or consent of the PCBU; and
                                  1. on an ongoing and regular basis; and
                                    1. that is an integral part of the business or undertaking; but
                                    2. does not include a volunteer undertaking any of the following voluntary work activities:
                                      1. participating in a fund-raising activity:
                                        1. assisting with sports or recreation for an educational institute, sports club, or recreation club:
                                          1. assisting with activities for an educational institute outside the premises of the educational institution:
                                            1. providing care for another person in the volunteer’s home.

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