Site Safe Health and Safety Legislation — Questions and Answers
Question 1: What is the primary legislation governing workplace health and safety in New Zealand's construction industry?
- The Health and Safety at Work Act 2015 (HSWA) (Correct answer)
- The Building Act 2004
- The Construction Contracts Act 2002
- The Employment Relations Act 2000
Correct answer: The Health and Safety at Work Act 2015 (HSWA)
The Health and Safety at Work Act 2015 (HSWA) is the primary legislation governing workplace health and safety in NZ, including the construction industry. It replaced the Health and Safety in Employment Act 1992.
Question 2: Under the HSWA, what is a PCBU and what are their primary duties?
- Person Conducting a Business or Undertaking — they must ensure, so far as reasonably practicable, the health and safety of workers and others affected by their work (Correct answer)
- Professional Contractor for Building and Utilities — they manage construction projects
- Primary Controller of Building Units — they inspect finished buildings
- Personal Care and Business Unit — they manage employee welfare
Correct answer: Person Conducting a Business or Undertaking — they must ensure, so far as reasonably practicable, the health and safety of workers and others affected by their work
A PCBU (Person Conducting a Business or Undertaking) has the primary duty under HSWA to ensure the health and safety of workers and others. In construction, this includes the main contractor, subcontractors, and the client.
Question 3: Under the HSWA, what are workers' health and safety duties on a NZ construction site?
- Take reasonable care for their own health and safety and others', comply with reasonable instructions, cooperate with health and safety policies, and report hazards (Correct answer)
- Workers have no health and safety duties — only the employer does
- Workers must only follow instructions and have no independent duty of care
- Workers are only responsible for wearing PPE, nothing else
Correct answer: Take reasonable care for their own health and safety and others', comply with reasonable instructions, cooperate with health and safety policies, and report hazards
Under the HSWA, NZ workers must: take reasonable care for their own health and safety and that of others, comply with reasonable health and safety instructions, cooperate with health and safety policies and procedures, and report hazards, injuries, and incidents.
Question 4: What is a 'notifiable event' under the NZ HSWA that must be reported to WorkSafe NZ?
- Death, notifiable injury (e.g., amputation, hospitalisation for 48+ hours), or a notifiable incident (e.g., uncontrolled collapse of a structure) (Correct answer)
- Any workplace injury, no matter how minor
- Only events that result in a WorkSafe investigation
- Events that are reported in the media
Correct answer: Death, notifiable injury (e.g., amputation, hospitalisation for 48+ hours), or a notifiable incident (e.g., uncontrolled collapse of a structure)
Under the HSWA, notifiable events include: death of any person, notifiable injuries or illnesses (amputation, serious burns, hospitalisation for 48+ hours), and notifiable incidents (uncontrolled collapse of structures, escape of hazardous substances, electric shock).
Question 5: What are the maximum penalties under the NZ HSWA for reckless conduct by a PCBU that causes serious risk of death or serious injury?
- Up to $3 million for a body corporate and up to $600,000 and/or 5 years imprisonment for an individual (Correct answer)
- A maximum fine of $10,000
- Only a verbal warning from WorkSafe
- Penalties only apply if someone actually dies
Correct answer: Up to $3 million for a body corporate and up to $600,000 and/or 5 years imprisonment for an individual
The most serious offence under the HSWA (reckless conduct causing serious risk) carries penalties of up to $3 million for a body corporate and up to $600,000 and/or 5 years imprisonment for an individual. This reflects how seriously NZ treats health and safety failures.
Question 6: What is WorkSafe New Zealand's role in the construction industry?
- The primary workplace health and safety regulator — it sets standards, provides guidance, conducts inspections, investigates incidents, and enforces the HSWA (Correct answer)
- A construction company that builds government buildings
- A voluntary advisory service with no enforcement powers
- An insurance company that covers workplace injuries
Correct answer: The primary workplace health and safety regulator — it sets standards, provides guidance, conducts inspections, investigates incidents, and enforces the HSWA
WorkSafe NZ is the government's primary workplace health and safety regulator. It develops guidance and standards, conducts proactive site inspections, investigates notifiable events, issues improvement and prohibition notices, and prosecutes serious breaches.
Site Safe Health and Safety Legislation
What is the primary legislation governing workplace health and safety in New Zealand's construction industry?