FREQUENTLY ASKED QUESTIONS
Discover the answers to some of your top health and safety questions in our bite size video's
Advanced Safety FAQ
What is a PCBU?
Discover what a PCBU is. Legal acronyms can be frustrating at the best of times, discover what it is, in a language that we can all understand. Health and Safety at Work Act 2015 Section 17 Meaning of PCBU (1) In this Act, unless the context otherwise requires, a person conducting a business or undertaking or PCBU— (a) means a person conducting a business or undertaking— (i) whether the person conducts a business or undertaking alone or with others; and (ii) whether or not the business or undertaking is conducted for profit or gain; but (b) does not include— (i) a person to the extent that the person is employed or engaged solely as a worker in, or as an officer of, the business or undertaking: (ii) a volunteer association: (iii) an occupier of a home to the extent that the occupier employs or engages another person solely to do residential work: (iv) a statutory officer to the extent that the officer is a worker in, or an officer of, the business or undertaking: (v) a person, or class of persons, that is declared by regulations not to be a PCBU for the purposes of this Act or any provision of this Act. Reach out if you would like to discuss how this relates to your situation. Book your free 15 minute consult today.
What are a PCBUs Responsibilities?
Discover what the responsibilities of a PCBU are in this brief intro video. Section36 Health and Safety at Work Act 2015 A PCBU must ensure, so far as is reasonably practicable, the health and safety of— (a) workers who work for the PCBU, while the workers are at work in the business or undertaking; and (b) workers whose activities in carrying out work are influenced or directed by the PCBU, while the workers are carrying out the work. (2) A PCBU must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. Every business is different and each has its own risks and nuances, book a free 15 minute consult with the Advanced Safety team to discuss what you require and what can be put on the to-do list.
Who is an Officer
Discover what an Officer is and who is an Officer in your place of work. Section 18 of the Health and Safety at Work Act 2015 Meaning of officer In this Act, unless the context otherwise requires, officer, in relation to a PCBU,— (a) means, if the PCBU is— (i) a company, any person occupying the position of a director of the company by whatever name called: (ii) a partnership (other than a limited partnership), any partner: (iii) a limited partnership, any general partner: (iv) a body corporate or an unincorporated body, other than a company, partnership, or limited partnership, any person occupying a position in the body that is comparable with that of a director of a company; and (b) includes any other person occupying a position in relation to the business or undertaking that allows the person to exercise significant influence over the management of the business or undertaking (for example, a chief executive); but (c) does not include a Minister of the Crown acting in that capacity; and (d) to avoid doubt, does not include a person who merely advises or makes recommendations to a person referred to in paragraph (a) or (b). The Officer has 6 duties to meet in order to maintain legal compliance. Advanced Safety provide workshop training to board, executive and senior leadership teams designed to ensure the key decision makers are effectively empowered. Book your 15 minute consultant today.
What am I responsible for as a worker?
Discover what the responsibilities of every worker is in this quick intro. Section 45 of the Health and Safety at Work Act 2015 Duties of workers While at work, a worker must— (a) take reasonable care for his or her own health and safety; and (b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and (c) comply, as far as the worker is reasonably able, with any reasonable instruction that is given by the PCBU to allow the PCBU to comply with this Act or regulations; and (d) co-operate with any reasonable policy or procedure of the PCBU relating to health or safety at the workplace that has been notified to workers. Get in touch if you would like us to explain this to your team in a language that everyone can relate to.
What is a safe system of work?
What is a safe system of work, why must every business or undertaking have one and what you can do to make it simple. A safety management system is an established set of processes to manage health and safety and maintain a high safety standard in the workplace. It is important to note that a safety management system is a system – a combination of processes – and this requires a different approach than you may be used to. A safety management system should include: > An over-arching commitment by the manager and staff to focus and improve upon safety and health > Clear activity schedules and improvement plans > Good documentation and records-keeping > Clear allocation of responsibility to staff and managers > Strong processes to cover every task performed by employees and managers > Employee participation in every level of safety management > Hazard management > Workplace inspections > Understanding and monitoring of environmental issues which could impact upon the health of employees > Emergency procedures > Maintenance of plant and equipment > Incident investigation and reporting > Contractor and sub-contractor management > Training > Employee fitness and wellbeing > HSNO understanding and management > Auditing the safety management system on a regular basis to confirm that it works. We can provide simple all the way up to integrated management systems (health, safety, environmental, risk & quality) - reach out if you would like to discover how we can assist you.
Do contractors have any responsibilities?
Do contractors have responsibilities too? If there are multiple contractors on one place of work who is responsible for what? Find out in this quick intro video. Section 34 Health and Safety at Work Act 2015 PCBU must consult other PCBUs with same duty (1) If more than 1 PCBU has a duty in relation to the same matter imposed by or under this Act, each PCBU with the duty must, so far as is reasonably practicable, consult, co-operate with, and co-ordinate activities with all other PCBUs who have a duty in relation to the same matter. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $20,000: (b) for any other person, to a fine not exceeding $100,000. Still unsure? No problem, simply book a free 15minute consult with one of our team - we're happy to help.
Must we have a health and safety committee?
Does your business require a health and safety committee? Find out what you are responsible for and how important it is to have open channels of communication. Section 66 Health & Safety at Work Act 2015 Health and safety committees (1) The following persons may request that the PCBU at a workplace establish a health and safety committee for the business or undertaking or part of the business or undertaking: (a) a health and safety representative for a work group of workers carrying out work at that workplace; or (b) 5 or more workers at that workplace. (2) Subject to subsection (3), the PCBU must, within 2 months of receiving a request under subsection (1), decide whether to establish a health and safety committee for the business or undertaking or part of the business or undertaking. (3) A PCBU is not required to decide whether to establish a health and safety committee if the work of the business or undertaking— (a) is carried out by fewer than 20 workers; and (b) is not within the scope of any high-risk sector or industry prescribed by regulations for the purposes of this section.
Emergency drills are for big business right?
Dispel those myths and discover exactly what is legally required for all businesses and undertakings in New Zealand. The New Zealand Government made changes to fire safety legislation in 2017 that increased responsibilities for building owners. The Fire & Emergency NZ Act requires owners of relevant types of buildings to ensure regular trial evacuations are completed at least once every 6-months. 'Relevant' building types are sites that: gather 100 or more persons in one building. are a place of employment for 10 or more persons. provide accommodation for more than 5 persons (other than in 3 or fewer household units) store hazardous substances above prescribed minimum amounts. provide early childhood facilities* provide nursing, medical, or geriatric care* provide specialised care for people with disabilities* provide accommodation for persons under lawful detention (excluding home detention). * Excludes buildings that are household units. Source: Section 75, Fire & Emergency NZ Act 2017