Plain language law

New Zealand law explained for everyone

Health and Safety at Work Act 2015

Health and safety duties - Key principles relating to duties

33: More than 1 person may have same duty

You could also call this:

“Several people can share the same work safety duty”

Sometimes more than one person can have the same duty under this law at the same time. If this happens, each person still needs to follow the duty as the law says they should, even if someone else has the same duty.

When multiple people have a duty for the same thing, each person is still responsible for their own part of the duty. They need to do what the duty says as much as they can control or influence the situation. This is true even if they made an agreement that tried to limit or remove their ability to control or influence the situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6544138.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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32: Person may have more than 1 duty, or

“You may have multiple responsibilities under this law”

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34: PCBU must consult other PCBUs with same duty, or

“Businesses with shared safety duties must work together”

Part 2 Health and safety duties
Key principles relating to duties

33More than 1 person may have same duty

  1. More than 1 person may have the same duty imposed by or under this Act at the same time.

  2. Each duty holder must comply with that duty to the standard required by or under this Act even if another duty holder has the same duty.

  3. If more than 1 person has a duty for the same matter, each person—

  4. retains responsibility for that person's duty in relation to the matter; and
    1. must discharge that person's duty to the extent to which the person has the ability to influence and control the matter or would have had that ability but for an agreement or arrangement purporting to limit or remove that ability.

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