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Health and Safety at Work Act 2015

Worker engagement, participation, and representation - Right to cease or direct cessation of unsafe work

86: Alternative work

You could also call this:

“Your employer can assign you safe, alternative work if your usual job is unsafe”

If you stop working because of a health and safety issue, your employer (called a PCBU) can ask you to do different work. This work must be safe and suitable for you to do. You need to be ready to do this different work if your employer asks you to.

The different work your employer can ask you to do depends on your job. If you’re an employee, it must be work that’s part of your job agreement. If you’re not an employee, it must be work that’s part of your work contract.

You can also agree to do other safe and suitable work, but your employer can’t make you do this extra work if you don’t want to.

Remember, your employer can only ask you to do different work until it’s safe for you to go back to your normal job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977019.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
Previous

85: Training requirements relating to giving direction to cease work, or

“Training needed before a health and safety rep can stop work”

Next

87: Regulator may assist to resolve issues relating to cessation of work, or

“WorkSafe can help solve problems about stopping work for safety reasons”

Part 3 Worker engagement, participation, and representation
Right to cease or direct cessation of unsafe work

86Alternative work

  1. If a worker ceases work, the PCBU may direct the worker to carry out alternative work at the same or another workplace if that work is safe and appropriate for the worker to carry out until the worker can resume normal duties.

  2. A worker who ceases work must remain available to carry out alternative work as directed by the PCBU under subsection (1).

  3. For the purposes of this section, alternative work means,—

  4. for a worker who is an employee, work within the scope of the person's employment agreement:
    1. for a worker who is not an employee, work within the scope of the worker's contract.

      1. In addition, a worker may agree (but cannot be directed) to do other work that is safe and appropriate for the worker.

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