Site Safe Health and Safety Legislation

Question 1

What is the primary legislation governing workplace health and safety in New Zealand's construction industry?

Accepted Answer

The Health and Safety at Work Act 2015 (HSWA)

Answer

The Building Act 2004

Answer

The Construction Contracts Act 2002

Answer

The Employment Relations Act 2000

Question 2

Under the HSWA, what is a PCBU and what are their primary duties?

Accepted 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

Answer

Professional Contractor for Building and Utilities — they manage construction projects

Answer

Primary Controller of Building Units — they inspect finished buildings

Answer

Personal Care and Business Unit — they manage employee welfare

Question 3

Under the HSWA, what are workers' health and safety duties on a NZ construction site?

Accepted 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

Answer

Workers have no health and safety duties — only the employer does

Answer

Workers must only follow instructions and have no independent duty of care

Answer

Workers are only responsible for wearing PPE, nothing else

Question 4

What is a 'notifiable event' under the NZ HSWA that must be reported to WorkSafe NZ?

Accepted Answer

Death, notifiable injury (e.g., amputation, hospitalisation for 48+ hours), or a notifiable incident (e.g., uncontrolled collapse of a structure)

Answer

Any workplace injury, no matter how minor

Answer

Only events that result in a WorkSafe investigation

Answer

Events that are reported in the media

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?

Accepted Answer

Up to $3 million for a body corporate and up to $600,000 and/or 5 years imprisonment for an individual

Answer

A maximum fine of $10,000

Answer

Only a verbal warning from WorkSafe

Answer

Penalties only apply if someone actually dies

Question 6

What is WorkSafe New Zealand's role in the construction industry?

Accepted Answer

The primary workplace health and safety regulator — it sets standards, provides guidance, conducts inspections, investigates incidents, and enforces the HSWA

Answer

A construction company that builds government buildings

Answer

A voluntary advisory service with no enforcement powers

Answer

An insurance company that covers workplace injuries