Running a business comes with a lot of responsibilities and one of them is complying with New Zealand's health and safety regulations. These regulations exist to keep your employees safe and well while they're at work. Getting them wrong can have serious consequences for you as the business owner and for the people who work for you. Below are the top four health and safety regulations every business in New Zealand must know, to keep its people safe and protect the success of the business.
Understanding the Importance of Health and Safety Regulations in New Zealand
Health and safety regulations protect workers from hazards and help prevent accidents and injuries at work. In New Zealand, WorkSafe New Zealand is the regulator responsible for enforcing them.
WorkSafe New Zealand promotes and enforces workplace health and safety across the country. It also gives businesses tools and resources to help them comply with health and safety regulations and keep their workplaces safe for their employees.
The role of WorkSafe New Zealand
WorkSafe New Zealand's job covers both education and enforcement of health and safety regulations in the workplace. It teaches employers and employees why health and safety at work matters and it carries out regular inspections and investigations to identify and prosecute businesses that fail to comply with health and safety regulations.
By holding businesses accountable for providing a safe working environment, WorkSafe New Zealand's enforcement of health and safety regulations helps prevent workplace accidents and injuries and protects the well-being of employees across the country.
The consequences of breaching health and safety regulations
Not complying with health and safety regulations can have serious consequences for employers and employees alike. Employers who fail to comply can face prosecution and hefty fines that do real damage to a business's finances.
However, the consequences of non-compliance go well beyond financial penalties. Employees working in an unsafe environment can suffer injuries or even death and a workplace accident can have a devastating impact on the worker and their family.
Failing to comply with health and safety regulations can also damage a business's reputation and cost it customers. Customers are more and more aware of workplace health and safety and businesses that don't prioritise employee well-being may struggle to keep the customers they have and win new ones.
Conclusion
Health and safety regulations protect the well-being of employees in the workplace and WorkSafe New Zealand promotes and enforces them so businesses provide a safe working environment. Non-compliance with health and safety regulations can have serious consequences for employers and employees, including financial penalties, injuries and damage to a business's reputation. Prioritising workplace health and safety protects your employees and your business's future.
Health and Safety at Work Act 2015 (HSWA): Where the Regulations Start
The Health and Safety at Work Act 2015 (HSWA) is the primary legislation governing health and safety in New Zealand. It sets out the key principles, duties and rights that employers and employees must follow and it's designed to protect the health and safety of workers and anyone else who may be affected by their work.
A safe working environment matters for the well-being of employees and for the success of a business. The HSWA sets out the legal requirements for employers to manage workplace hazards and protect the health and safety of their workers. It also sets out the responsibility employees have to take reasonable care for their own safety and the safety of others.
Key components of the HSWA
The HSWA requires businesses to take all reasonably practicable steps to ensure the health and safety of their employees and others who may be affected by their work. That includes identifying and managing workplace hazards, providing adequate training and supervision and consulting employees about health and safety matters. Employers must also have effective systems in place to manage any incidents or emergencies that arise in the workplace.
The HSWA also puts a strong emphasis on worker participation and engagement in health and safety matters. Employers have to consult their employees on health and safety issues and employees are encouraged to raise any concerns or hazards they identify at work.
Employer and employee responsibilities under the HSWA
The HSWA places responsibilities on both employers and employees for a safe working environment. Employers must provide a safe working environment and take proactive steps to prevent hazards by identifying and assessing workplace hazards, putting control measures in place to eliminate or minimise the risks and regularly reviewing and updating their health and safety policies and procedures.
Employees, on the other hand, have a duty to take reasonable care for their own safety and the safety of others. That means following the health and safety policies and procedures in the workplace, reporting any hazards or incidents they come across and taking part in any health and safety training their employer provides.
Followed properly, the key principles and requirements of the HSWA keep workplaces safe and healthy for every worker. When employers and employees work together under the legislation they build a culture of safety and prevent workplace injuries and illnesses.
Health and Safety at Work (Hazardous Substances) Regulations 2017
The Hazardous Substances Regulations 2017 protect employees and others who may be exposed to hazardous substances in the workplace. They set out the requirements for identifying and managing hazardous substances, with the aim of reducing the risk of harm to people and the environment.
Failing to comply with these regulations can result in serious consequences, including fines, legal action and harm to employees and others who may be exposed to hazardous substances. Businesses need to understand what the regulations require and take the right action to comply.
Identifying and managing hazardous substances
Businesses must identify all hazardous substances in their workplace and develop a plan to manage the risks associated with them. That includes storing hazardous substances safely, providing adequate training to employees and having appropriate emergency procedures ready in case of a spill or leak.
The identification process means assessing the hazards associated with each substance, including the potential for harm to employees, the environment and other people. The assessment should take into account the quantity of the substance, how it's stored and the potential for exposure.
Once hazardous substances have been identified, businesses must develop a plan to manage the risks they carry. The plan should include measures to control exposure, such as the use of personal protective equipment (PPE), along with procedures for handling and storing hazardous substances safely.
Training and certification requirements
The Hazardous Substances Regulations 2017 require workers who use, handle or store hazardous substances to get the information, training and supervision they need to do it safely. Some higher-hazard substances also need a certified handler. The training should cover the hazards associated with each substance and the right procedures for handling and storing it safely.
Employees who handle hazardous substances should also get regular refresher training to keep their knowledge and skills up to date. That matters most when the hazardous substances being used change or when new procedures are introduced.
It's the PCBU's responsibility to make sure every worker who handles hazardous substances gets the right training and that a certified handler is in place where the substance needs one. Failing to do so can result in serious consequences, including fines, legal action and harm to workers and others who may be exposed to hazardous substances.
Conclusion
The Hazardous Substances Regulations 2017 set out what businesses must do to keep employees and others safe from hazardous substances in the workplace. Complying with them avoids serious consequences and protects everyone who may be exposed.
By identifying and managing hazardous substances properly, training the people who handle them, using certified handlers where the rules require them and having emergency procedures in place, businesses can comply with these regulations and keep their workers and others safe from harm.
The Accident Compensation Corporation (ACC) Levy
The Accident Compensation Corporation (ACC) Levy is a compulsory payment that employers must make to fund the ACC system. The ACC system provides financial compensation and support to employees who are injured at work.
How the ACC Levy works
The ACC Levy is calculated on the risk of injury associated with an employer's business activities and businesses with higher risk activities pay a higher levy than those with lower risk activities. The levy funds the ACC system and the financial support and treatment it provides to employees who are injured at work.
Ensuring accurate reporting and payment
Employers must report their business activities accurately to make sure they pay the correct ACC Levy. Failing to pay the correct levy can lead to penalties and fines.
Health and Safety at Work (Asbestos) Regulations 2016
The Asbestos Regulations 2016 aim to protect employees and others who may be exposed to asbestos in the workplace. Asbestos is a hazardous substance that can cause serious health problems, including cancer.
Identifying and managing asbestos risks
Businesses must identify and manage the risks associated with asbestos in the workplace. This includes conducting an asbestos audit and developing a plan to manage the risks associated with asbestos.
Asbestos removal and disposal requirements
The Asbestos Regulations 2016 outline the requirements for the safe removal and disposal of asbestos in the workplace. Businesses must ensure that asbestos is removed and disposed of safely to prevent harm to employees and others who may be exposed to asbestos.
Lessons From Managing Asbestos on Real Sites
From my own work through the Canterbury rebuild, four things make the biggest difference on sites that may contain asbestos: survey properly before work starts, use destructive surveys where asbestos could be hidden in the structure, train people to recognise it and plan in advance what happens when it's found.
In conclusion
Complying with health and safety regulations matters to the success of every business in New Zealand and getting it wrong can have serious consequences for the business owner and their employees. Understanding why health and safety regulations matter and complying with the top four regulations above is how a business keeps its people safe and its future secure.
Health and Safety Regulations and the Four Versions of Your Business
In my book Raise the Standard I explain where my thinking on compliance came from. After hundreds of engagements the same pattern kept showing up: every organisation runs four versions of itself, what its leaders believe is happening, what its documents say, what its people actually do and what it can prove.
The space between those four versions is where risk hides and it's what led me to G.A.P.E. (Governance, Assumptions, Practice, Evidence). Most businesses answer health and safety regulations in their documents with a policy for the HSWA, a register for hazardous substances and an asbestos plan on file. Compliance only holds up when what people actually do matches those documents and you can prove it.
The free G.A.P.E. Self-Assessment helps you check how far the four versions of your business have drifted apart on the regulations that apply to you.
Frequently Asked Questions About Health and Safety Regulations
What are the main health and safety regulations in New Zealand?
The Health and Safety at Work Act 2015 is the main law and a set of regulations sits under it, including the Health and Safety at Work (Hazardous Substances) Regulations 2017 and the Health and Safety at Work (Asbestos) Regulations 2016. Others cover general risk and workplace management, major hazard facilities and worker engagement, participation and representation.
Who enforces health and safety regulations in New Zealand?
WorkSafe New Zealand is the main regulator and enforces health and safety regulations through inspections, investigations and prosecutions. Maritime New Zealand and the Civil Aviation Authority are designated to regulate some work on ships, at ports and on aircraft.
What happens if a business breaches health and safety regulations?
A WorkSafe inspector can issue an improvement notice or a prohibition notice and serious breaches can be prosecuted under the HSWA. The most serious offence, reckless conduct in respect of a duty, carries a fine of up to $3 million for an organisation and up to five years in prison for an individual.
About the Author
Matt Jones is the founder of Advanced Safety and a HASANZ-registered health and safety consultant. He's a Professional Member of NZISM and holds a Graduate Diploma in Occupational Safety and Health.
He advises boards, directors and executives on officer due diligence and critical risk under the Health and Safety at Work Act 2015. His book Raise the Standard: Why Good Organisations Go Blind and How Leaders Restore Visibility sets out G.A.P.E.™, F.E.E.D.™ and S.A.F.E.T.Y.™, a leadership architecture framework for high-risk organisations.
He created the Compliance Compass audit and hosts the Health & Safety Unplugged podcast.
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Latest update: 5 November 2026
