Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
46: Duties of other persons at workplace
or “Stay safe and follow instructions at work to protect yourself and others”
You could also call this:

“Punishment for knowingly risking someone's life or health at work”

You commit an offence if you have a duty under subpart 2 or 3 and you act in a way that puts someone at risk of death, serious injury, or serious illness without a good reason. You also need to be reckless about this risk, which means you know it’s there but you don’t care.

If you’re an officer of a PCBU (a person conducting a business or undertaking), the individual at risk can be anyone the PCBU has a duty to protect.

If you’re found guilty of this offence, the punishment depends on who you are:

If you’re not a PCBU or an officer of a PCBU, you could go to prison for up to 5 years or pay a fine of up to $300,000, or both.

If you are a PCBU or an officer of a PCBU, you could go to prison for up to 5 years or pay a fine of up to $600,000, or both.

If you’re not an individual (like a company), you could be fined up to $3 million.

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 It might be out of date or be missing some parts.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

Next up: 48: Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness

or “Penalties for not following health and safety duties that risk lives or cause serious harm”
Next

Part 2 Health and safety duties
Offences relating to duties

47Offence of reckless conduct in respect of duty

  1. A person commits an offence against this section if the person—

  2. has a duty under subpart 2 or 3; and
    1. without reasonable excuse, engages in conduct that exposes any individual to whom that duty is owed to a risk of death or serious injury or serious illness; and
      1. is reckless as to the risk to an individual of death or serious injury or serious illness.

        1. For the purposes of subsection (1), if the person is an officer of a PCBU, the individual to whom the duty is owed is an individual to whom the PCBU owes the duty.

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

        3. for an individual who is not a PCBU or an officer of a PCBU, to a term of imprisonment not exceeding 5 years or a fine not exceeding $300,000, or both:
          1. for an individual who is a PCBU or an officer of a PCBU, to a term of imprisonment not exceeding 5 years or a fine not exceeding $600,000, or both:
            1. for any other person, to a fine not exceeding $3 million.

              Compare