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Health and Safety at Work Act 2015

Health and safety duties - Duties of PCBUs

36: Primary duty of care

You could also call this:

“Business owners must ensure workers' and others' safety and health”

A PCBU (person conducting a business or undertaking) has to make sure, as much as they reasonably can, that workers are safe and healthy while they’re working. This applies to workers who directly work for the PCBU and those whose work is influenced or directed by the PCBU.

The PCBU also needs to make sure that their work doesn’t put other people’s health and safety at risk. This means they need to provide and maintain a safe work environment, safe equipment and structures, and safe ways of working. They must make sure that plants, substances, and structures are used, handled, and stored safely.

The PCBU has to provide good facilities for workers’ welfare and make sure workers can access these facilities. They need to give workers the right information, training, instructions, and supervision to keep everyone safe from health and safety risks at work.

The PCBU must keep an eye on workers’ health and workplace conditions to prevent injuries or illnesses caused by work. If a worker has to live in accommodation owned or managed by the PCBU because there’s no other reasonable option, the PCBU must keep this accommodation safe and healthy for the worker.

If you’re self-employed, you need to take care of your own health and safety at work as much as you reasonably can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5976895.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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35: Compliance with other enactments, or

“Other laws can be considered when checking if health and safety duties are met”

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37: Duty of PCBU who manages or controls workplace, or

“PCBUs must ensure workplace safety for all legal visitors”

Part 2 Health and safety duties
Duties of PCBUs

36Primary duty of care

  1. A PCBU must ensure, so far as is reasonably practicable, the health and safety of—

  2. workers who work for the PCBU, while the workers are at work in the business or undertaking; and
    1. workers whose activities in carrying out work are influenced or directed by the PCBU, while the workers are carrying out the work.

      1. 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.

      2. Without limiting subsection (1) or (2), a PCBU must ensure, so far as is reasonably practicable,—

      3. the provision and maintenance of a work environment that is without risks to health and safety; and
        1. the provision and maintenance of safe plant and structures; and
          1. the provision and maintenance of safe systems of work; and
            1. the safe use, handling, and storage of plant, substances, and structures; and
              1. the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and
                1. the provision of any information, training, instruction, or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and
                  1. that the health of workers and the conditions at the workplace are monitored for the purpose of preventing injury or illness of workers arising from the conduct of the business or undertaking.

                    1. Subsection (5) applies if—

                    2. a worker occupies accommodation that is owned by, or under the management or control of, a PCBU; and
                      1. the occupancy is necessary for the purposes of the worker's employment or engagement by the PCBU because other accommodation is not reasonably available.

                        1. The PCBU must, so far as is reasonably practicable, maintain the accommodation so that the worker is not exposed to risks to his or her health and safety arising from the accommodation.

                        2. A PCBU who is a self-employed person must ensure, so far as is reasonably practicable, his or her own health and safety while at work.

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