Site Safe NZ Health and Safety at Work Act 3 — Questions and Answers
Question 1: What is a Health and Safety Representative (HSR) under the HSWA 2015?
- A worker elected by their work group to represent them on health and safety matters (Correct answer)
- A manager appointed by the PCBU
- A WorkSafe inspector assigned to the site
- An external consultant hired by the company
Correct answer: A worker elected by their work group to represent them on health and safety matters
An HSR is a worker elected by their work group to represent them on health and safety matters. They have specific powers under the Act.
Question 2: What power does a trained Health and Safety Representative have under the HSWA 2015?
- Issue a provisional improvement notice (PIN) (Correct answer)
- Shut down the entire business
- Fire workers who breach safety rules
- Impose fines on the PCBU
Correct answer: Issue a provisional improvement notice (PIN)
A trained HSR can issue a provisional improvement notice (PIN) if they believe a provision of the HSWA is being contravened. They can also direct workers to cease unsafe work.
Question 3: What is a Health and Safety Committee?
- A committee of workers and PCBU representatives that facilitates cooperation on health and safety (Correct answer)
- A government body that audits workplaces
- A group of external consultants
- A committee that only meets after accidents occur
Correct answer: A committee of workers and PCBU representatives that facilitates cooperation on health and safety
A Health and Safety Committee brings together workers and PCBU representatives to facilitate cooperation in ensuring health and safety at the workplace.
Question 4: Under the HSWA 2015, when can a worker refuse to carry out work?
- When they believe doing so would expose them or others to a serious risk to health and safety (Correct answer)
- Whenever they feel uncomfortable about any task
- Only after getting written permission from WorkSafe
- Only if their HSR approves the refusal
Correct answer: When they believe doing so would expose them or others to a serious risk to health and safety
Workers may refuse to carry out work if they believe it would expose them or others to a serious risk to their health or safety from an immediate or imminent hazard.
Question 5: What is a Category 2 offence under the HSWA 2015?
- Failing to comply with a health and safety duty that exposes a person to risk of death or serious injury or illness (Correct answer)
- Any minor workplace breach
- Failing to display safety posters
- Not attending a safety meeting
Correct answer: Failing to comply with a health and safety duty that exposes a person to risk of death or serious injury or illness
A Category 2 offence involves failing to comply with a health and safety duty that exposes an individual to the risk of death, serious injury, or serious illness. It does not require recklessness (unlike Category 1).
Question 6: What does 'worker engagement' require under the HSWA 2015?
- That PCBUs engage with workers and their representatives on health and safety matters that affect them (Correct answer)
- That workers attend all company social events
- That PCBUs provide financial bonuses for safety compliance
- That workers sign a health and safety contract
Correct answer: That PCBUs engage with workers and their representatives on health and safety matters that affect them
PCBUs must engage with workers who carry out work for the business and are directly affected by health and safety matters. This includes sharing information and giving them a reasonable opportunity to express views.
Site Safe NZ Health and Safety at Work Act 3
What is a Health and Safety Representative (HSR) under the HSWA 2015?