1. NEW ZEALAND HEALTH & SAFETY AT WORK ACT 2015
NEW ZEALAND HEALTH & SAFETY AT WORK ACT Health & Safety “A New Approach”

2. Health & Safety A New Approach
WHY SHOULD WE WORRY ABOUT SAFETY?
Basically there are 3 Reasons:
Legal
Financial
Ethical & Moral

3. Health & Safety A New Approach
Lord Atkins
1834-
Donahue vs Stevens
The Duty of Care
Lord Robens
1970- Practicable
Maxwell-QC
2004- Reasonably Practicable
“The Common Law Connection”
What is my Duty?
To whom do I owe that Duty?
How Do I fulfil That Duty?
Australian Act 2011
and the
New Zealand Health & Safety at Work Act 2015-
“The Test of Reasonableness”
Workers are to receive the:
“Highest Levels of Protection”

4. Health & Safety A New Approach
THE TEST OF REASONABLENESS
“5 Step Test” (Hierarchical Test)
Likelihood
Consequence
State of Knowledge
Ways of Mitigation
Cost of Mitigation

5. Health & Safety A New Approach
“DUTY HOLDERS”
Primary Duty Holder – PCBU
A person conducting a business or undertaking replaces:
Employers
Principals / Directors
Persons in effective control
At law a “person” is also defined as being an Incorporated body or Unincorporated body an association or partnership.
BUSINESSES Enterprises usually conducted with a view to making a profit and have a degree of organisation, system and continuity
UNDERTAKINGS May have elements of organisation, systems, and possibly continuity, but are usually not profit-making or commercial in nature.
“A Person conducts a business or undertaking whether it is conducted alone or with others, and whether or not it is conducted for profit or not”
A Worker cannot be a PCBU!
An Officer is Not a PCBU!
A Volunteer Organisations are not PCBU’s!
A Residential Workers (domestic chores etc.) are not PCBU’s!

6. Health & Safety A New Approach
“DUTY HOLDERS”
Primary Duty Holder – PCBU
Examples of PCBUs that are organisations include:
public companies
private companies
trustees that are companies
cooperatives that are companies
government departments and authorities
incorporated associations if they employ someone
local authorities (municipal corporations or councils)
schools
It is not an individual, unless they are conducting the business in their own name as a sole trader or partner.
Examples of PCBUs who are individuals include:
partners in partnerships 
sole traders and the self employed
individual trustees of trusts (as with some family businesses)
committee members of unincorporated associations if they employ someone.
The person conducting the business or undertaking is also a worker if they carry out work in the business or undertaking.

7. Health & Safety A New Approach
“DUTY HOLDERS”
Officers.
Directors, Company secretary, Partner, Officeholder:
Those involved in making decisions that affect the whole or a substantial part of the business or undertaking
Those with capacity to affect significantly the organisation’s financial standing
Those on whose instructions or wishes directors are accustomed to act
Receivers, administrators, liquidators

8. Health & Safety A New Approach
“WORKERS”
WHO IS A WORKER?
Workers include:
an employee
a contractor or subcontractor
an employee of a contractor or subcontractor
an employee of a labour hire company who has been assigned
to work in the person's business or undertaking
an outworker
an apprentice or trainee
a student gaining work experience
a volunteer

9. Health & Safety A New Approach
“WHAT MAKES UP A COMPLIANT SAFETY SYSTEM”

10. Health / Safety / Quality Management System Based on : AS/NZS 4801 / ISO 9001
COMPANY POLICY STATEMENTS:
OHS
Rehabilitation
Drugs & Alcohol
Harassment / Bullying & Violence
Equal Opportunity
Quality
Policy Statements
IMS Manual
Addresses the elements of
AS/NZS 4801
Business Legal Register
Master
Risk Assessment
OHS
Integrated
Business Management Procedures
RULE 137 /135
Manual & Procedures
Master Forms
Small Plant SOP’s
Plant Register & Risk Assessments
Safe Work Method Statements
Records