Duty of Care under the Health & Safety At Work Act 2015

Monday October 14, 2019 07:29

Each Organisation (the PCBU) should ensure it has a robust health and safety management system, which is active and meets the requirements of the Health and Safety at Work Act and its Regulations.

There are Penalties under the Act, which apply to the PCBU, to each Director, Officer, Duty Holder and as well to Workers for non-compliance.

The Organisation has a broad and overarching “primary duty of care” which means it has the primary responsibility for health and safety of Workers and Others influenced by its work.

It all stems from Knowledge and Leadership, as per the flow diagram below:

PCBU (the Organisation)

• Ensure Health and Safety of their Workers while at the work.
• Ensures Health and Safety of Workers who are influenced or directed by the PCBU.
• Ensures Health and Safety of other people by ensuring they are not put at risk from work carried out by the PCBU.

Officers

• Know about worker Health and Safety matters and keep up to date.
• Gain an understanding of the operation of the Organisation and its hazards and risks.
• Ensure the PCBU has appropriate resources and processes to eliminate or minimise those risks.
• Ensure the PCBU has appropriate processes for receiving information about incidents, hazards and risks, and for responding to that information.
• Ensure the PCBU has, and implements, processs for complying with any duty or obligation of the PCBU.
• Verify that these resources and processes are in place and being used.

Workers

• Take reasonable care for their own H&S.
• Take reasonable care that their acts and omissions do not adversely affect the H&S of other people.
• Comply, as far as reasonably able, with any reasonable instruction that is given to them by the PCBU to allow the PCBU to comply with the law.
• Cooperate with any reasonable policy or procedure of the PCBU relating to H&S at the workplace that has been notified to Workers.

Others

• Take reasonable care for their own H&S.
• Take reasonable care that their acts and omissions do not adversely affect the H&S of other people.
• Comply, as far as reasonably able, with any reasonable instruction that is given to them by the PCBU to allow the PCBU to comply with the law.

Need More Help To Understand The Health & Safety At Work Act 2015?

Please contact your Securo Safety Consultant directly or call Securo Head Office on 0800 55 33 44, or email info@securo.co.nz.