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 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?

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

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?

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

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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.

Site Safe Practice Test

Site Safe Practice Test

Site Safe Health and Safety Legislation