HSWA 2015: your health & safety duties on site

The Health and Safety at Work Act 2015 (HSWA) is NZ’s primary work-safety law, policed by WorkSafe NZ. It replaced the 1992 Act and shifted the focus from “the employer” to the PCBU — and on a building site, you are a PCBU. The core obligation is the primary duty of care: ensure health & safety so far as is reasonably practicable (SFAIRP).

Who holds duties

HSWA spreads responsibility across three groups, not just the boss:

• PCBU (Person Conducting a Business or Undertaking — your company, or you as a sole trader): the primary duty — safe work, plant, substances, systems, and info/training, plus the health & safety of workers and anyone else the work affects (clients, the public, other trades).
• Officers (directors, or anyone with significant influence over the business): a due-diligence duty — actively understand the risks and make sure the PCBU has the resources and processes to manage them. This carries personal liability.
• Workers (employees and subbies): take reasonable care for themselves and others, and follow reasonable H&S instructions.

The 3 C’s — overlapping duties on a shared site

A typical build has several PCBUs at once (main contractor plus each sub-trade). Where duties overlap, every PCBU must Consult, Cooperate and Coordinate with the others SFAIRP — you can’t assume “that’s the builder’s problem.” Agree who controls what before work starts.

What “reasonably practicable” means

You weigh the likelihood and severity of harm against the cost and effort of controlling it. The greater the risk, the more you must do — and cost alone is rarely a defence for a serious, foreseeable risk like a fall. Document how you reached the decision.

Why it matters commercially

HSWA penalties are tiered up to reckless conduct (the most serious), and apply to the business and to officers personally. Beyond fines, a serious incident stops your job, can sink your reputation, and may breach your contract or insurance. Good H&S is also a sales point — clients and head contractors increasingly screen for it.