Plain language law

New Zealand law explained for everyone

Health and Safety at Work Act 2015

Worker engagement, participation, and representation - Engagement with workers and worker participation practices - Engagement with workers

58: Duty to engage with workers

You could also call this:

“You must talk with workers about health and safety matters”

You have to talk with the workers who do work for your business or organisation. You also need to talk with workers who might be affected by things related to work health or safety. This is called engaging with workers, and you must do it as much as you can.

If you and your workers have agreed on how to talk about these things, you need to follow those steps. However, the steps you agree on can’t go against what section 59 says.

If you don’t engage with workers as required, you’re breaking the law. If you’re caught and found guilty, you might have to pay a fine. If you’re an individual, the fine could be up to $20,000. If you’re a company or organisation, the fine could be up to $100,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5976956.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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“Keep records of notifiable events for 5 years”

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59: Nature of engagement, or

“How to involve workers in health and safety discussions”

Part 3 Worker engagement, participation, and representation
Engagement with workers and worker participation practices: Engagement with workers

58Duty to engage with workers

  1. A PCBU must, so far as is reasonably practicable, engage with workers—

  2. who carry out work for the business or undertaking; and
    1. who are, or are likely to be, directly affected by a matter relating to work health or safety.

      1. If the PCBU and the workers have agreed to procedures for engagement, the engagement must be in accordance with those procedures.

      2. The agreed procedures must not be inconsistent with section 59.

      3. A person who contravenes this section commits an offence and is liable on conviction,—

      4. for an individual, to a fine not exceeding $20,000:
        1. for any other person, to a fine not exceeding $100,000.

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