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New Zealand (510) > Occupational safety and health (41)

Name: Health and Safety at Work Act 2015 (2015 No 70).
Country: New Zealand
Subject(s): Occupational safety and health
Type of legislation: Law, Act
Adopted on: 2015-09-04
Entry into force:
ISN: NZL-2015-L-100549
Bibliography: Legislation on-line Legislation on-line New Zealand Legislation, Parliamentary Counsel Office, New Zealand PDF PDF (consulted on 2015-12-01)
Abstract/Citation: A key aspect of the Bill is the creation of a new duty holder, known as a Person Conducting a Business or Undertaking (PCBU). A "worker" is defined as a person who carries out work in any capacity for a PCBU, including work as an employee, a contractor or subcontractor, an employee of a contractor or subcontractor or an employee of a labour hire company who has been assigned to work for the PCBU, an outworker, an apprentice or trainee, a person gaining work experience or undertaking a work trial, a volunteer or a person of a prescribed class. The Act replaces the current standard under the HSE Act ("All Practicable Steps") with a new "reasonably practicable" standard. "Reasonably practicable" is defined as:

"...that which is, or was, at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters, including:
- the likelihood of the hazard or the risk concerned occurring;
- the degree of harm that might result from the hazard or risk;
what the person concerned knows, or ought reasonably to know, about
- the hazard or risk; and
- ways of eliminating or minimising the risk;
the availability and suitability of ways to eliminate or minimise the risk; and
after assessing the extent of the risk and available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk."
Repealed text(s):

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