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New Zealand law explained for everyone

Health and Safety at Work Act 2015

Health and safety at work - General provisions

27: PCBU must not levy workers

You could also call this:

“Employers can't charge workers for workplace health and safety”

You are not allowed to be charged money for health and safety at work. The person or company you work for (called a PCBU) can’t make you pay for anything that’s done or given to keep you safe at work.

If you’re an employee, your boss can’t make you buy your own safety gear as a condition of getting the job or as part of your work agreement. This counts as charging you for safety, which is not allowed.

If a PCBU breaks this rule, they’re doing something illegal. If they’re caught and found guilty, they can be fined. A person who breaks this rule might have to pay up to $5,000. If it’s a company or organisation, they might have to pay up to $25,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5976891.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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26: Status of examples, or

“Examples in this law help explain but don't limit or override the actual rules”

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28: No contracting out, or

“You can't make agreements that avoid or change this law”

Part 1 Health and safety at work
General provisions

27PCBU must not levy workers

  1. A PCBU must not impose a levy or charge on a worker (or permit a levy or charge to be imposed on a worker) for anything done, or provided, in relation to health and safety.

  2. For the purposes of subsection (1), a PCBU will be treated as having levied or charged a worker who is an employee of the PCBU if the PCBU requires the employee to provide his or her own personal protective equipment—

  3. as a pre-condition of employment; or
    1. as a term or condition in an employment agreement.

      1. A person who contravenes subsection (1) commits an offence and is liable on conviction,—

      2. for an individual, to a fine not exceeding $5,000:
        1. for any other person, to a fine not exceeding $25,000.

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