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Social Security Act 2018

Obligations - Beneficiaries’ obligations - Miscellaneous

181: Application of health and safety legislation, etc

You could also call this:

“Health, safety, and human rights rules apply when doing work as part of MSD activities”

If you are doing work as part of a job search activity because of your work-test obligations, or under section 261 or 324, or if you are a beneficiary doing work as part of an employment-related activity or community activity arranged by MSD, this is what you need to know:

The Health and Safety at Work Act 2015 and the Human Rights Act 1993 will apply to you and the person providing the work. This means that you will be treated as if you were a worker in their business or their employee for the purposes of these laws.

However, it’s important to understand that this doesn’t mean you are actually employed by the person providing the work. The law just treats you as if you were an employee for health, safety, and human rights purposes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783479.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
Rights and equality > Anti-discrimination
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Part 3 Obligations
Beneficiaries’ obligations: Miscellaneous

181Application of health and safety legislation, etc

  1. This section applies if a person (P)—

  2. is doing work as part of a job search activity in accordance with P’s work-test obligations or under section 261 or 324; or
    1. is a beneficiary and is doing work as part of an employment-related activity or activity in the community arranged by MSD.

      1. The Health and Safety at Work Act 2015 and the Human Rights Act 1993 apply to P, and to the person (B) providing the work that person P is doing, as if P were—

      2. a worker in B’s business or undertaking; or
        1. B’s employee.

          1. Except as provided in subsection (2), nothing in this Part creates or implies an employment relationship between P and B.

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