Health and Safety
The Health and Safety at Work Act that came into effect in April 2016 obliges the Waikato River Authority to ensure, so far as is reasonably practicable, the health and safety of funding recipients and their workers. We have a duty of care to ensure that work being undertaken under our Deeds of Funding is being done so in a safe manner and by appropriately skilled workers.
All funding recipients will therefore be required to provide copies of appropriate Health and Safety Policy and Plans to the Authority.
There are two different types of documentation. One of these should be completed according to whether you are classed as a PCBU or Non-PCBU. (See below in FAQs for definitions).
FAQs – Health and Safety
Q. What does the new Health and Safety at Work Legislation mean for me and my organisation?
Funding recipients who are considered a ‘person conducting a business or undertaking (PCBU) under the new act also have an obligation to ensure the health and safety of:
- Workers who work for the PCBU, while they are at work in the business or undertaking; and
- Workers whose activities in carrying out work are influenced or directed by the PCBU, while the workers are working.
This includes, where reasonably practicable, providing workers with a work environment which does not have risks to health and safety, with safe structures and systems of work, and with any information, training or supervision necessary to protect people from risks resulting from work carried out as part of the business undertaking.
Workers are defined to include employees, contractors or subcontractors, employees of contractors or subcontractors and volunteers who work for a PCBU on an ongoing and regular basis.
Q. What is a PCBU?
A PCBU is a ‘person conducting a business or undertaking’. While a PCBU may be an individual person or an organisation, in most cases the PCBU will be an organisation (for example, a business entity such as a company).
An individual, such as a sole trader, can also be a PCBU.
While the terms ‘business’ and ‘undertaking’ are not defined in HSWA, the usual meanings of these terms are:
- ‘business’: an activity carried out with the intention of making a profit or gain
- ‘Undertaking’: an activity that is non-commercial in nature (e.g. certain activities of a local authority).
Examples of PCBUs:
Individuals or organisations can be PCBUs if they carry out work, regardless of their legal structure. Examples of PCBUs are:
- A business in the form of an incorporated company.
- A community group who employs one office person
- A sole trader or self-employed person.
- A general partner in a partnership (if the partnership is a limited partnership).
- A partner in a partnership (if the partnership is not a limited partnership).
- An organisation created by legislation (eg government department, university, school or local authority).
Q.Who is not a PCBU?
The following are not PCBUs:
- volunteer associations that don’t employ staff
- home occupiers who employ or engage someone to do work around the home
- persons to the extent they are solely a worker or an officer in the business or undertaking
- statutory officers to the extent they are officers or workers in the business or undertaking
- other persons declared by regulations not to be PCBUs for the purposes of HSWA or any provision of the Act.
Q. I am a service provider for current and/or past WRA projects – can I apply to WRA to become pre-approved for Health and Safety?
Yes, WRA keeps a register of contractors and service providers who are involved with WRA projects and have up to date Health and Safety Policies and Plans. If you are involved in a WRA project and would like to become an approved service provider please complete this questionnaire and provide the required documentation (link to document “WRA Contractor Pre-approval questionnaire).
Q.Where can I find more information?
The Worksafe NZ web page contains useful information and links http://www.business.govt.nz/worksafe .