Why the Health and Safety at Work Act 2015 Matters for Every Business?

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Are you overwhelmed by health and safety posters in the office, unsure what they mean? Or as a business owner, do you struggle to understand your responsibilities for worker well-being? The key to both is understanding New Zealand's Health and Safety at Work Act 2015 (HSWA).

This guide breaks down the HSWA, not just explaining the law but showing how it can be a powerful tool to create a safer, more productive workplace.

 

What is the Health and Safety at Work Act 2015?

The Health and Safety at Work Act 2015 (HSWA) is New Zealand’s primary workplace safety legislation. It sets a legal framework ensuring the protection of all workers, whether in bustling factories or quiet home offices.

Key Changes from the 1992 Act:

  • Stronger shared responsibility: Safety is not just the employer's duty—employees, visitors, and business leaders all have roles.
  • Risk-based approach: Businesses must eliminate risks where reasonably practicable rather than just identifying hazards.
  • Stricter obligations for directors and senior leaders: They must exercise due diligence to ensure workplace safety standards are met.

Official Source: WorkSafe New Zealand - HSWA Overview

 

Why is the Health and Safety at Work Act 2015 Important?

Imagine a workplace where accidents are frequent, and workers fear for their safety. The HSWA combats this by promoting a proactive safety culture, leading to:

  • Hazard Prevention: Businesses must identify risks and take action before accidents happen.
  • Better Workplace Morale: Workers feel valued and protected when safety is a priority.
  • Fewer Incidents & Costs: Fewer workplace injuries mean reduced downtime, lower insurance costs, and better productivity.
  • Legal Compliance: Avoid heavy penalties and legal consequences by adhering to HSWA regulations.

 Penalties for Non-Compliance:

  • Fines of up to $3 million for businesses failing to meet safety duties.
  • Up to 5 years imprisonment for individuals found guilty of reckless endangerment.

 More on HSWA Penalties: WorkSafe NZ - Enforcement

Employer Responsibilities Under HSWA

In the HSWA, employers are referred to as PCBUs (Persons Conducting a Business or Undertaking). Their obligations include:

  1. Providing a Safe Work Environment: Maintain hazard-free workplaces with proper ventilation, safe walkways, and structural integrity.
  2. Ensuring Safe Equipment: Regular maintenance, proper training, and correct use of machinery are required.
  3. Establishing Safe Work Procedures: Clear guidelines on how to perform tasks safely must be in place.
  4. Providing Training & Supervision: Workers must be informed about hazards, safe practices, and how to use protective gear (PPE).
  5. Consulting Workers on Safety Matters: Employees must be involved in decision-making regarding health and safety.
  6. Providing Adequate Facilities: Clean toilets, washing areas, and proper break spaces must be available.
  7. Next Step for Employers: Conduct a workplace risk assessment and update your safety procedures accordingly.

Employee Responsibilities Under HSWA

Employees also have a role in workplace safety. Their key obligations include:

  • Looking After Their Own Safety: Avoid unsafe work practices and use PPE correctly.
  • Caring for Others’ Safety: Follow procedures to prevent risks to co-workers and visitors.
  • Reporting Hazards & Unsafe Conditions: Alert employers to dangers so they can be addressed.
  • Participating in Safety Training: Cooperate with employer-led initiatives to improve workplace safety.

Next Step for Employees: Familiarize yourself with workplace safety procedures and report any hazards immediately.

Other Stakeholders in Workplace Safety

Beyond employers and employees, the HSWA 2015 also applies to:

  • Business Owners & Directors: Must exercise due diligence to ensure compliance.
  • Manufacturers & Suppliers: Must provide safe equipment and clear usage
  • Visitors & Clients: Must follow workplace safety instructions and avoid creating hazards.

 Actionable Tip: Ensure all workplace visitors receive a brief safety induction upon arrival.

Why Invest in Health and Safety Training?

Regular Health and Safety Training NZ is essential to maintaining compliance with the HSWA.

  • Helps workers identify hazards and understand safe work procedures.
  • Reduces risk of accidents and legal issues.
  • Ensures compliance with New Zealand workplace safety laws.
  • Empowers workers to take ownership of workplace safety.

 Employers Should:

  • Provide refresher training at least once a year.
  • Keep workers updated on new safety regulations and risks.

Future-Proof Your Workplace with ACT Safety Training

As a WorkSafe-approved provider, ACT Safety delivers industry-specific health and safety training to help businesses comply with the HSWA. Our expert trainers ensure your team understands safety best practices, reducing risks and improving productivity.

Contact ACT Safety today to schedule a training session and build a strong safety culture in your workplace.

Let’s work together to make New Zealand workplaces safer for everyone!