Health and Safety at Work Act NZ

If you're planning to work in New Zealand, the Health and Safety at Work Act is the piece of law you most need to understand, along with the health and safety regulations that sit under it. The government introduced the Act in 2015 as part of a wider push to improve workplace health and safety.

Understanding New Zealand's Health and Safety Regulations

The Health and Safety at Work Act 2015 aims to reduce workplace injuries, illnesses and fatalities by taking a risk management approach. PCBUs (persons conducting a business or undertaking), workers, contractors and subcontractors all have responsibilities under the Act.

The Health and Safety at Work Act 2015

The Health and Safety at Work Act 2015 is the law that governs workplace health and safety in New Zealand, introduced so that every workplace is a safe and healthy place for workers, contractors and visitors. It sets out what everyone involved in the work is responsible for and the steps they must take to identify and manage hazards. It applies to every workplace in New Zealand regardless of size or industry.

The Act requires PCBUs to provide a safe working environment and to take all reasonably practicable steps to ensure the health and safety of their workers. They also have to consult their workers on health and safety matters and give them the information, training and supervision they need to work safely.

Workers have responsibilities under the Act too, starting with taking reasonable care of their own health and safety and that of anyone else their actions might affect. They also have to comply with any reasonable instruction the business gives them for health and safety.

Key Regulatory Bodies and Their Roles

WorkSafe New Zealand is the primary regulatory body responsible for enforcing workplace health and safety legislation. It works with other agencies such as the Ministry of Business, Innovation and Employment to make sure the Act is complied with. WorkSafe investigates workplace accidents and incidents and prosecutes PCBUs who breach health and safety regulations.

The Accident Compensation Corporation (ACC) is the other key body, providing financial support, rehabilitation and compensation for workers who are injured or become ill as a result of their work. ACC also supports the families of workers killed in workplace accidents.

PCBUs and workers both need to understand their responsibilities under the Health and Safety at Work Act 2015 and take every necessary step to keep the workplace safe and healthy. When they work together and follow what the Act sets out, we can reduce workplace injuries, illnesses and fatalities in New Zealand.

Responsibilities Under the Health and Safety at Work Act

Workplace health and safety protects your people and keeps the business running smoothly. The Health and Safety at Work Act of 2015 sets out what PCBUs, workers and contractors are each responsible for in keeping the working environment safe.

PCBU Responsibilities

PCBUs have the primary responsibility of ensuring the health and safety of their workers. They must identify and manage hazards, consult with workers and provide adequate training and protective equipment to ensure a safe working environment. If someone dies or a notifiable injury, illness or incident happens, the business must notify WorkSafe as soon as possible and keep a record of the event for at least five years. Only notifiable events have to go to WorkSafe, although it's good practice to record every incident internally. Regular safety audits and risk assessments are good practice for finding hazards and checking that controls are working.

PCBUs also need to make sure their workers know their rights and responsibilities under the Health and Safety at Work Act, with information and training on the hazards and risks of their job and how to manage them. The work environment itself has to be safe and healthy too, including adequate lighting, ventilation and sanitation facilities.

Worker Responsibilities

Workers have their own role to play in workplace health and safety. They must actively take part in health and safety practices and follow policies and procedures. They must also report any hazards or incidents to the business and use the protective clothing and equipment the PCBU provides. It's their responsibility too not to be under the influence of drugs or alcohol at work, as this can lead to accidents and injuries.

Workers can stop or refuse work if they believe it would expose them or someone else to a serious risk from immediate or imminent exposure to a hazard. A worker who stops work must tell the business as soon as practicable and should try to resolve the issue with them. PCBUs should take these concerns seriously and investigate them properly.

Contractor and Subcontractor Responsibilities

Contractors and subcontractors have similar responsibilities to PCBUs for workplace health and safety. They must identify and manage hazards, provide adequate training and protective equipment and notify WorkSafe of any notifiable event arising from their work. PCBUs also need to check that their contractors and subcontractors comply with health and safety regulations, with regular safety audits and risk assessments to confirm they're following the necessary safety protocols.

Officers and Other Duty Holders Under the Health and Safety at Work Act

The primary duty in section 36 of the Health and Safety at Work Act sits with the PCBU, which must ensure so far as is reasonably practicable the health and safety of the workers it engages or directs and of anyone else put at risk by the work. The Act doesn't stop there. Officers, workers and other people at a workplace all carry duties of their own.

Officer Due Diligence Under Section 44

Directors, partners and other people who exercise significant influence over the management of the business are officers under the Act. Section 44 requires every officer to exercise due diligence to make sure the PCBU meets its duties. In practice that means keeping up to date with health and safety matters, understanding the operations and their risks and checking that the right resources and processes are in place and actually being used. Our guide to health and safety due diligence and the Gibson case shows how the courts test it.

Who Is an Officer Under the Health and Safety at Work Act?

Under section 18 an officer is any director of a company, any partner in a partnership, any general partner in a limited partnership, anyone in a comparable position in another kind of organisation and anyone else whose position lets them exercise significant influence over the management of the business, with a chief executive given as the example. Someone who merely advises or makes recommendations isn't an officer. Neither is a Minister of the Crown acting in that role.

A director can also be a worker at the same time. Section 19 defines a worker as anyone who carries out work in any capacity for a PCBU, so a managing director who also runs jobs on site is both. From 1 April 2027 the Health and Safety at Work Amendment Act 2026 makes clear the officer duty applies only to the governance role, while the worker duties still apply to the hands-on work. I've written separately about director liability for health and safety and an officer due diligence checklist.

Duties of Workers and Others at a Workplace

Workers must take reasonable care for their own health and safety, take reasonable care that what they do doesn't harm anyone else and comply with reasonable instructions from the PCBU. Other people at a workplace such as visitors carry similar duties under section 46 to take reasonable care for themselves and anyone affected by what they do.

When the Health and Safety at Work Act Came In and What's Changing

Most of the Health and Safety at Work Act 2015 came into force on 4 April 2016, replacing the Health and Safety in Employment Act 1992. It's now being amended. The Health and Safety at Work Amendment Act 2026 received Royal Assent on 9 July 2026 and most of its changes take effect from 1 April 2027, including a restated officer due diligence duty and new rules for critical risks. Our guide to the Health and Safety at Work Amendment Act 2026 covers the detail.

Managing Hazards Under the Health and Safety at Work Act

Workplace hazards can pose a significant risk to workers and lead to injuries, illnesses and even fatalities. Identifying and managing them well is how a work environment stays safe and healthy. That work runs through hazard identification, risk assessment, control measures and ongoing monitoring and review.

Hazard Identification Process

The first step in managing workplace hazards is to identify them, using a systematic process of identifying, assessing and controlling them. PCBUs can conduct physical inspections of the workplace, consult workers about potential hazards and review incident reports to find the root cause of accidents and near-misses.

Workers should be involved in hazard identification because they're often the people most familiar with the hazards in their own work. PCBUs can encourage them to report any hazards they find and give them the training and resources to do it.

Risk Assessment and Control Measures

Once hazards have been identified, the next step is to assess the risk associated with them. Risk assessments help PCBUs determine the probability and severity of potential hazards and prioritise control measures accordingly.

Control measures start with eliminating the hazard where you can, then engineering controls, administrative controls and personal protective equipment. Engineering controls involve modifying the workplace or equipment to eliminate or reduce the hazard. Administrative controls include policies and procedures that help reduce exposure to hazards, such as job rotation or limiting the time spent in hazardous areas. Personal protective equipment such as gloves, safety glasses or respirators can also be used to protect workers from hazards.

PCBUs should regularly monitor and review how well their control measures work and adjust them as needed to make sure they're still giving workers adequate protection.

Monitoring and Reviewing Hazards

Regular monitoring and review of hazards is how PCBUs know they're complying with health and safety regulations and that their control measures are working. Policies and procedures need regular review too, to keep them up to date with any changes in regulations or industry standards.

Investigating incidents and accidents can help identify any gaps in control measures and provide opportunities for improvement. PCBUs should review incident reports and near-miss reports to determine the root cause of the incident and take steps to prevent similar incidents from occurring in the future.

Regular reviews of control measures can help identify any changes in the workplace or equipment that may require adjustments to the control measures. PCBUs should also provide regular training on hazard identification, risk assessment and control measures so workers know the hazards in their work and how to protect themselves.

Identifying and managing workplace hazards is ongoing work that needs the commitment and involvement of PCBUs and workers alike. When PCBUs identify hazards, assess the risks, put controls in place and keep monitoring and reviewing them, they create a safe and healthy work environment for their workers.

Training Duties Under the Health and Safety at Work Act

Training and education sit at the heart of a safe and healthy workplace. In New Zealand PCBUs have a legal obligation to provide their workers with adequate health and safety training and education, including induction training for new workers, ongoing training and specialist training for high-risk industries.

Induction Training for New Workers

Induction training is the first step in workplace health and safety for any new worker. It should cover their rights and responsibilities, hazard identification and control measures, emergency and evacuation procedures and the use of protective equipment. It should happen before they start work so they know the potential hazards they may face and how to manage them.

During induction training, workers should also be made aware of the company's health and safety policies and procedures, including reporting procedures for incidents and hazards. This information helps workers understand their role in maintaining a safe working environment and encourages them to take an active part in identifying and controlling hazards.

Ongoing Health and Safety Training

Ongoing training and education keep a workplace safe long after induction. PCBUs must provide regular health and safety training covering new procedures, equipment and technologies, along with hazard identification and control measures, emergency and evacuation procedures and the use of protective equipment.

Training can be delivered face-to-face, online or through toolbox talks. Whatever the format, it needs to be relevant to the specific workplace and give workers the chance to ask questions and get clarification on anything they're unsure about.

Specialist Training for High-Risk Industries

High-risk industries such as construction and mining need specialist training on top of the basics. PCBUs in these industries must provide specialist training covering the specific hazards and control measures their workers face, tailored to the industry and the workplace and updated regularly to reflect changes in technology and best practice.

PCBUs also need to monitor and review their training and education programmes regularly to make sure they're still effective. That can mean seeking feedback from workers, reviewing incident and hazard reports and auditing the workplace regularly to find any gaps in training or areas where improvements can be made.

What the Health and Safety at Work Act Means for You

When PCBUs, workers and contractors understand and comply with New Zealand's health and safety regulations, they can work together to keep the workplace safe and healthy. Whether you're a new worker or a seasoned professional, make sure you understand your role and responsibilities under the Act.

The Health and Safety at Work Act in Practice, Not Just on Paper

In my book Raise the Standard I argue that every business runs four versions of itself: what leaders believe is happening, what the documents say, what people actually do and what can be proven. The idea builds on Steven Shorrock's "varieties of human work" and my own addition is the last layer, Evidence, meaning what you could show if a regulator or a court insisted.

That last layer is where the Health and Safety at Work Act gets tested in practice. A policy that says workers are consulted and an induction that says hazards are explained only count when what happens on the job matches them and you can prove it. The space between those four versions is where risk hides from the people responsible for it.

The free G.A.P.E. Self-Assessment lets you score your own business across Governance, Assumptions, Practice and Evidence and see where the four have drifted apart.

Frequently Asked Questions About the Health and Safety at Work Act in NZ

What has to be notified to WorkSafe under the Health and Safety at Work Act?

A death, a notifiable injury or illness and a notifiable incident all have to be notified to WorkSafe as soon as possible after the business becomes aware of them. The business also has to keep a record of each notifiable event for at least five years.

Can a worker refuse unsafe work under the HSWA in New Zealand?

Yes, a worker can stop or refuse work if they believe it would expose them or someone else to a serious risk from immediate or imminent exposure to a hazard. They need to tell the business as soon as practicable and try to resolve the issue with them.

Does the Health and Safety at Work Act require businesses to involve workers?

Yes, a PCBU must engage with its workers on health and safety matters that affect them so far as is reasonably practicable. It also has to have practices that give workers reasonable opportunities to take part in improving health and safety on an ongoing basis.

When did the Health and Safety at Work Act 2015 come into force?

Most of the Health and Safety at Work Act 2015 came into force on 4 April 2016, replacing the Health and Safety in Employment Act 1992 as New Zealand's main workplace health and safety law.

What is the primary duty of care under the Health and Safety at Work Act?

A PCBU must ensure, so far as is reasonably practicable, the health and safety of the workers it engages and the workers whose work it influences or directs. The duty sits in section 36 of the Act and also covers making sure other people aren't put at risk by the work.

Who has duties under the Health and Safety at Work Act?

The Act places duties on PCBUs, on officers such as directors and senior managers, on workers and on other people at a workplace such as visitors. Even a visitor has to take reasonable care for their own health and safety and make sure what they do doesn't harm anyone else.