Site Safe NZ Health and Safety at Work Act 4 — Questions and Answers
Question 1: Who can issue an improvement notice under the HSWA 2015?
- A WorkSafe inspector (Correct answer)
- Any worker on site
- The site foreman only
- The building owner
Correct answer: A WorkSafe inspector
WorkSafe inspectors have the authority to issue improvement notices requiring a person to remedy a contravention of the Act within a specified time.
Question 2: What is a prohibition notice under the HSWA 2015?
- A notice issued by an inspector directing that an activity cease because it involves a serious risk (Correct answer)
- A warning letter sent to the PCBU
- A court order shutting down a business permanently
- A recommendation from an HSR
Correct answer: A notice issued by an inspector directing that an activity cease because it involves a serious risk
A prohibition notice is issued by a WorkSafe inspector when an activity is occurring or may occur that involves or will involve a serious risk to health or safety. The activity must cease until the matter is remedied.
Question 3: Under the HSWA 2015, what obligation do multiple PCBUs sharing a workplace have?
- They must consult, cooperate, and coordinate activities with each other (Correct answer)
- They must each hire their own safety inspector
- Only the principal PCBU has any obligations
- They must combine into a single business entity
Correct answer: They must consult, cooperate, and coordinate activities with each other
When multiple PCBUs share a duty, they must consult, cooperate, and coordinate activities to ensure compliance. This is called 'overlapping duties'.
Question 4: What is 'upstream duty' under the HSWA 2015?
- Duties placed on designers, manufacturers, importers, and suppliers of plant, substances, or structures (Correct answer)
- The duty to report incidents upstream to head office
- The obligation to test water quality upstream of a site
- A requirement to inform neighbouring businesses
Correct answer: Duties placed on designers, manufacturers, importers, and suppliers of plant, substances, or structures
Upstream duties apply to those who design, manufacture, import, or supply plant, substances, or structures used at workplaces, ensuring these are safe for their intended use.
Question 5: How does the HSWA 2015 define 'health'?
- It includes both physical and mental health (Correct answer)
- Only physical health
- Only injuries that draw blood
- Health conditions that last more than a week
Correct answer: It includes both physical and mental health
Under the HSWA 2015, health includes both physical and mental health, recognising that workplace harm can be psychological as well as physical.
Question 6: What records must a PCBU keep regarding notifiable events?
- Records of each notifiable event for at least 5 years (Correct answer)
- No records are required if WorkSafe was notified
- Records only for events resulting in death
- Records for 12 months only
Correct answer: Records of each notifiable event for at least 5 years
A PCBU must keep records of each notifiable event for at least 5 years from the date the event was notified to WorkSafe.
Site Safe NZ Health and Safety at Work Act 4
Who can issue an improvement notice under the HSWA 2015?