Site Safe Health and Safety Legislation 2 — Questions and Answers
Question 1: Under the NZ Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, what is the hierarchy of controls?
- Elimination, substitution, isolation, engineering controls, administrative controls, PPE — applied in that order of preference (Correct answer)
- PPE first, then all other controls if PPE is insufficient
- There is no prescribed hierarchy — use whatever is cheapest
- Administrative controls first, then engineering controls
Correct answer: Elimination, substitution, isolation, engineering controls, administrative controls, PPE — applied in that order of preference
The hierarchy of controls must be applied in order: 1) Elimination (remove the hazard), 2) Substitution (use a safer alternative), 3) Isolation (separate people from the hazard), 4) Engineering controls (modify equipment), 5) Administrative controls (change procedures), 6) PPE (last resort).
Question 2: What is a Health and Safety Representative (HSR) and what powers do they have on a NZ construction site?
- A worker elected to represent others on health and safety matters — they can inspect the workplace, investigate complaints, and issue provisional improvement notices (Correct answer)
- A government inspector who visits sites monthly
- A manager appointed by the company to handle safety documentation
- A union official who negotiates safety-related pay increases
Correct answer: A worker elected to represent others on health and safety matters — they can inspect the workplace, investigate complaints, and issue provisional improvement notices
An HSR is elected by workers to represent their health and safety interests. Under the HSWA, they can inspect the workplace, attend interviews about health and safety, investigate complaints and hazards, and issue provisional improvement notices (PINs) after training.
Question 3: What is the NZ requirement for health and safety induction on construction sites?
- All workers must receive a site-specific induction covering hazards, emergency procedures, and site rules before starting work (Correct answer)
- Induction is only required for workers who will be on site for more than a month
- A general safety awareness is sufficient — site-specific induction is optional
- Only new graduates need an induction
Correct answer: All workers must receive a site-specific induction covering hazards, emergency procedures, and site rules before starting work
NZ regulations require all workers to receive a site-specific induction before commencing work on a construction site. This must cover site-specific hazards, emergency procedures, PPE requirements, reporting procedures, and site rules.
Question 4: Under NZ law, what must a PCBU do when a WorkSafe inspector issues a prohibition notice?
- Immediately stop the activity specified in the notice — continuing the activity is an offence (Correct answer)
- Continue working and appeal the notice within 30 days
- Ask the inspector to return the next day to discuss the issue
- Prohibition notices are only advisory — compliance is voluntary
Correct answer: Immediately stop the activity specified in the notice — continuing the activity is an offence
A prohibition notice requires the immediate cessation of the specified activity that poses a serious risk. Continuing the activity after a prohibition notice is issued is a criminal offence. The PCBU can appeal the notice, but the activity must stop in the meantime.
Question 5: What is the 'so far as is reasonably practicable' (SFAIRP) standard under the NZ HSWA?
- The duty to do what is reasonably able to be done to ensure health and safety, weighing the likelihood and severity of harm against the cost and difficulty of eliminating or reducing the risk (Correct answer)
- Do whatever is cheapest to minimise costs
- Only implement safety measures if someone has already been injured
- An impossible standard that requires zero risk at all times
Correct answer: The duty to do what is reasonably able to be done to ensure health and safety, weighing the likelihood and severity of harm against the cost and difficulty of eliminating or reducing the risk
SFAIRP requires PCBUs to do what is reasonably able to be done, considering: the likelihood of the hazard occurring, the severity of potential harm, what the person knows or should know about the risk, and the availability, suitability, and cost of eliminating or minimising the risk.
Question 6: Under the NZ Construction Health and Safety regulations, when is a written health and safety plan required?
- For all notifiable construction work — including work at height over 5 metres, excavation deeper than 1.5 metres, and demolition of load-bearing structures (Correct answer)
- Only for projects costing over $1 million
- Only for government construction projects
- Written plans are never mandatory — they are best practice only
Correct answer: For all notifiable construction work — including work at height over 5 metres, excavation deeper than 1.5 metres, and demolition of load-bearing structures
NZ regulations require a written health and safety plan for all 'notifiable' construction work, which includes work at height greater than 5 metres, excavation deeper than 1.5 metres, demolition of load-bearing structures, work near live services, and other high-risk activities.
Site Safe Health and Safety Legislation 2
Under the NZ Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, what is the hierarchy of controls?