Health and Safety: Understanding the Role of the PCBU
If you're responsible for workplace safety in New Zealand, you've likely come across the term PCBU. But who or what is a PCBU? The answer to that question lies at the very heart of the Health and Safety at Work Act 2015 (HSWA). This framework shifts the focus from traditional employer-employee relationships to a more inclusive model of responsibility. In this guide, we’ll demystify the PCBU, explain who it applies to, and outline what it means for your legal and practical duties under New Zealand law.
What Does PCBU Stand For and Why Does It Matter?
PCBU stands for "Person Conducting a Business or Undertaking." It is a broad and inclusive legal term designed to capture virtually all modern working arrangements. A PCBU is the primary duty holder under HSWA, meaning they have the most significant responsibilities to ensure the health and safety of workers and others.
Who or What is a PCBU?
A PCBU can be an individual or an organisation and includes:
Companies and corporations
Sole traders and self-employed individuals
Government departments
Partnerships
Schools and not-for-profit organisations (if they employ people)
The law intentionally casts a wide net, ensuring anyone with influence or control over work activities is held accountable.
Who or What is a PCBU? Clarifying Common Misconceptions
Some people mistakenly believe only employers qualify as PCBUs. In fact, the PCBU model breaks away from that narrow view. It includes anyone conducting business or undertaking activities, even those not driven by profit.
Not a PCBU:
Volunteer associations that do not employ anyone
Workers (who owe duties but are not PCBUs themselves)
Officers (such as directors), though they have their own set of due diligence duties
This distinction is important: it separates those doing the work (workers) from those responsible for the work environment (PCBUs).
The Primary Duty of Care: What It Means for a PCBU
The cornerstone of PCBU responsibilities is the "primary duty of care". This requires PCBUs to ensure, so far as is reasonably practicable, the health and safety of workers and others who may be affected by the work.
What does this include?
Providing adequate facilities for worker welfare
Offering appropriate training, supervision, and instruction
Monitoring worker health and workplace conditions
The phrase "reasonably practicable" accounts for what can be done to ensure health and safety, balanced against the cost, time, and resources involved.
Who or What is a PCBU? Overlapping Duties and Shared Workplaces
In complex work environments such as construction sites or shared office spaces, there are often multiple PCBUs operating at the same time.
Shared responsibility doesn’t mean duplicate effort:
PCBUs are required to consult, cooperate, and coordinate activities with each other to manage shared risks. This is known as "overlapping duties."
Real-world examples:
A principal contractor coordinating site safety with multiple subcontractors
A building owner working with tenant businesses on fire safety systems
Good communication and clearly documented agreements help avoid confusion and ensure each PCBU is meeting its obligations.
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Contact Us TodayWorker Engagement: A Key PCBU Obligation
One of the most progressive aspects of the HSWA is its emphasis on worker engagement, participation, and representation.
Every PCBU must:
Engage with workers on matters that affect health and safety
Have effective worker participation practices
Support Health and Safety Representatives (HSRs) and Committees (HSCs) where applicable
Engaged workers are safer workers. The law recognises this and puts the onus on PCBUs to create an inclusive, proactive safety culture.
Who or What is a PCBU? Responsibilities in Practice
Being a PCBU is not just a legal designation – it’s a practical role that demands active commitment. Here’s what fulfilling your PCBU duties looks like in real life.
Maintain clean, hazard-free premises
Address psychosocial risks such as stress and bullying
Ensure all tools and machinery are fit for purpose
Implement proper storage and handling procedures for chemicals
Provide site-specific inductions
Offer refresher training and updates as work evolves
Monitor contractor work and site conditions
Conduct regular inspections and safety audits
Common Challenges Faced by PCBUs
Even well-intentioned PCBUs can encounter roadblocks. Awareness of these challenges is the first step to overcoming them.
1. Confusion Over Responsibilities
Many small businesses don’t realise they’re classified as PCBUs or assume the term only applies to large organisations. This misunderstanding can lead to missed obligations.
2. Overlapping Duties
Collaborating with other PCBUs can be complex, especially when roles and responsibilities are not clearly defined. This can lead to risk ownership gaps.
3. Documentation Overload
Trying to satisfy every requirement with endless paperwork can bog down operations and lead to confusion. The key is clarity and relevance – not volume.
4. Keeping Up With Legislative Changes
Staying compliant with evolving standards can feel overwhelming without dedicated support or access to updated resources.
Who or What is a PCBU? Key Legal Concepts You Need to Know
Understanding a few key terms will help make sense of your obligations as a PCBU.
Reasonably Practicable
This means doing what is reasonably able to be done to ensure health and safety, taking into account:
The likelihood of the risk occurring
The degree of harm that might result
What the person knew or ought to have known about the risk
Availability and suitability of ways to eliminate or minimise the risk
The cost (in terms of time, money, and effort)
Officer Duties vs. PCBU Duties
Company directors and business leaders have "officer duties" under the Act. These differ from PCBU duties, although officers must exercise due diligence to ensure the PCBU is meeting its obligations.
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Contact Us TodaySteps You Can Take to Meet Your PCBU Responsibilities
t Advanced Safety, we guide organisations across all industries to understand and fulfill their duties as a PCBU.
Start with a Compliance Compass Assessment
Our signature Compliance Compass identifies gaps in your systems, aligns them with HSWA, and offers a tailored roadmap for improvement.
Develop a Health and Safety Management System (HSMS)
Define policies, procedures, and responsibilities
Assign competent HSRs and safety leaders
Build in regular review and update cycles
Provide Practical, Role-Relevant Training
Avoid generic slide decks. Deliver tailored training aligned to the specific risks of your workplace.
Engage and Empower Workers
Embed regular conversations around safety at all levels of the business. Recognise worker insights and celebrate success.
Who or What is a PCBU? Summary of Key Takeaways
A PCBU is any person or organisation conducting a business or undertaking
PCBUs hold the primary duty of care under the HSWA 2015
Responsibilities include providing a safe work environment, engaging workers, managing risks, and preparing for emergencies
Overlapping duties require cooperation between multiple PCBUs
Advanced Safety can support you with audits, systems, training, and consulting
Final Thoughts: Who or What is a PCBU in 2025?
The PCBU framework reflects the reality of modern work. It empowers businesses and individuals to take control of safety and wellbeing – not just to comply with the law, but to genuinely look after people.
If you’re not sure whether your organisation is fulfilling its PCBU obligations, or you're facing challenges with documentation, training, or incident reporting – now is the time to act.
Advanced Safety is here to help.
Contact us today to discuss our Compliance Compass Assessment or speak to one of our qualified consultants to get your most burning questions answered.
Want to discuss your safety goals?
Contact Advanced Safety for professional guidance and support.
Contact Us Today