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employment

Health and Safety at Work Act: Employee duties

Key Takeaway

Workers in New Zealand have specific health and safety duties under the Health and Safety at Work Act 2015. These include taking reasonable care for their own safety and others', complying with instructions, and cooperating with health and safety policies. This contributes to a safe working environment for everyone.

Worker Duties Under the Health and Safety at Work Act 2015

In New Zealand, the Health and Safety at Work Act 2015 (HSWA) is the primary legislation governing workplace health and safety. While Persons Conducting a Business or Undertaking (PCBUs) – a broad term encompassing businesses, organisations, and some self-employed people – hold the primary duty of care, workers also have important duties to ensure a safe working environment [Source: Health and Safety at Work Act 2015, s 34]. A "worker" is defined broadly to include employees, contractors, subcontractors, apprentices, trainees, and volunteers [Source: Health and Safety at Work Act 2015, s 13].

While the Employment Relations Act 2000 (ERA) governs the overall employment relationship, including aspects like good faith and personal grievances, specific health and safety duties for workers are detailed within the Health and Safety at Work Act 2015.

Core Duties of Workers

The HSWA outlines several key duties for every worker while at work:

  • Taking Reasonable Care for Own Health and Safety: Every worker must take reasonable care of their own health and safety [Source: Health and Safety at Work Act 2015, s 45(1)(a)]. "Reasonable care" refers to the level of care that a reasonable person would exercise in the same circumstances.
  • Taking Reasonable Care for Others' Health and Safety: Workers must also take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons [Source: Health and Safety at Work Act 2015, s 45(1)(b)]. This means workers need to consider how their actions might impact colleagues, customers, or visitors.
  • Complying with Instructions: Workers are required to comply, so far as is reasonably able, with any reasonable instruction given by the PCBU [Source: Health and Safety at Work Act 2015, s 45(1)(c)]. This includes instructions related to health and safety procedures, use of equipment, or emergency protocols.
  • Cooperating with Policies and Procedures: Additionally, workers must cooperate with any reasonable policy or procedure of the PCBU relating to health or safety at the workplace that has been notified to workers [Source: Health and Safety at Work Act 2015, s 45(1)(d)]. This could include policies on hazard reporting, drug and alcohol use, or the use of personal protective equipment (PPE).

Duty Not to Interfere with Safety Measures

A worker must not intentionally or recklessly interfere with or misuse anything provided for health and safety [Source: Health and Safety at Work Act 2015, s 47]. This includes, for example, safety guards on machinery, emergency stop buttons, fire extinguishers, or personal protective equipment.

When to Seek Independent Legal Advice

Workers who have questions about their specific health and safety duties, believe their rights are being infringed, or require clarification on employment law matters, should consider contacting WorkSafe New Zealand for health and safety specific issues, or Community Law Centres and employment lawyers for advice pertaining to their individual circumstances. Independent legal advice can help a person understand their legal position and available options.

Key Resources