A PCBU is defined as follows:
βa person conducting a business or undertaking or PCBUβ means a person conducting a business or undertakingβ
- (i) whether the person conducts a business or undertaking alone or with others; and
- (ii) whether or not the business or undertaking is conducted for profit or gainβ
Health and Safety at Work Act 2015 Part 1, s18, ss17
A Representative is the Representative of the PCBU.
An Officer is defined as follows:
In this Act, unless the context otherwise requires, officer, in relation to a PCBU,
(a) means, if the PCBU is –
- a company, any person occupying the position of a director of the company by whatever name called:
- a partnership (other than a limited partnership), any partner:
- a limited partnership, any general partner:
A Worker is defined as follows:
βa Workerβ means 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
- An employee of a labour hire company or an outworker
- An apprentice or trainee, or a person gaining work experience
- A volunteer workerβ
Health and Safety at Work Act 2015 Part 1, s19
PCBU is responsible for: (For the purposes of this policy, it includes Managers, Directors and CEOs)
- Taking overall responsibility and accountability for protection of workersβ work-related health and safety.
- Promoting safe work practices, with the aim of prevention of incidents as its goal, communicating the importance of conforming to the OH&S management system.
- Supporting the safe and early return to work of any injured employee.
- Annual review of Health and Safety systems for adequacy, effectiveness & action required to achieve this.
- Commitment to annual self-assessment of our Health and Safety, for continuous improvement.
- The overall development and implementation of %The_Company%βs Health and Safety System, ensuring and promoting continual improvement, by systematically identifying and taking actions to address nonconformities, opportunities, and work-related hazards and risks, including system deficiencies.
- Directing and supporting workers to contribute to the effectiveness of the OH&S management system.
- Ensuring full compliance with HSWA, Codes of Practices, and relevant Standards, Guidelines or Legislation.
- Ensuring policy and objectives are established and compatible with the strategic direction of the business.
- Ensuring integration of the OH&S management system processes/requirements into business processes.
- Supporting other management roles to support their leadership as applied to areas of responsibility.
- Communicating or facilitating communication between %The_Company% and other PCBUs, clients and workers, by attendance or delegation of attendees at meetings, to promote active two-way interaction.
- Ensuring accurate reporting and recording of health and safety issues.
- Risk identification and controls.
- Provision of resources to achieve objectives set (results to be achieved), which can be strategic, tactical, or operational. They can relate to different disciplines such as financial, Health and Safety or environmental goals and can apply at different levels (such as strategic, organisation-wise, project, product, and process).
- Ensure responsibilities, accountabilities, and authorities for relevant roles within the OH&S management system are assigned and communicated at all levels within the organisation and maintained as documented information.
Information and Communication:
%The_Company% will determine the need for internal and external information and communications relevant to the OH&S management system, including:
- On what it will inform about and communicate
- When to inform and communicate
- Who to inform and with whom to communicate
- Internally among the various levels and functions of the organisation
- With contractors and visitors to the workplace
- With other external or interested parties
- How to inform and communicate
- How it will receive, maintain documented information on, and respond to relevant communications
%The_Company% will define the objectives to be achieved by informing and communicating and will evaluate whether those objectives have been met.
They will consider the diversity aspects (for example language, culture, literacy, disability), where they exist, when considering its information and communication needs.
%The_Company% will ensure that, when appropriate, the views of relevant external interested parties about matters pertinent to the OH&S management system are considered.
The Organisation is responsible for:
Determining external and internal issues that are relevant to its purpose and that affect its ability to achieve the intended outcome(s) of its OH&S management system.
It will determine:
- The other interested parties, in addition to its workers, that are relevant to the OH&S management system;
- The relevant needs and expectations (i.e., requirements) of workers and these other parties;
- If any of these needs and expectations may become legal (or other) requirements.
- Note: it is important to determine the needs and expectations of managerial and non-managerial workers.
The organisation will determine the boundaries and applicability of the OH&S management system to establish its scope.
Once the scope is defined, the OH&S will include activities, products and services within the organisationβs control or influence that can impact the organisationβs OH&S performance.
WorkSafe Particular Hazardous Work Notification
%The_Company% will notify WorkSafe NZ of any particularly hazardous work they are carrying out:
- Notice will be given at least 24 hours before work is to begin
- A staff member will be made responsible for ensuring this happens
- A notification form will be completed at https://worksafe.govt.nz/notifications/hazardous-work/
- A copy will be sent to any other PCBUs involved in the work
Issue Resolution
Specialised Structures will ensure an issue resolution procedure is in place.
The issue resolution has three components β
- An Issue Register β where all issues raised are recorded and exchanged between management and the worker or customer.
- Communication for Resolving the Issues β in addition to the Issue Register, emails, teleconferences, video conferences, and face-to-face meetings will assist in issue resolution.
- Escalation Mechanism β to raise the level when either the resolution is not forthcoming or if the resolution offered is not practical or satisfactory.
The Health and Safety Representative (HSR) is responsible for:
- Ensuring that each job progresses safely.
- Providing a basic level of OH&S training to all employees
- Overall safety. They have a specific responsibility and have received special training, sufficient to do the job.
- The development, review and implementation of %The_Company%βs Health and Safety System.
- Direct two-way line of communication and promotion of the Health and Safety System, within or outside of %The_Company% structure. Monitoring any measures taken by management, regarding Health and Safety.
- Providing access to staff, and ensuring that codes of practice, standards, WorkSafe NZ issues and other health and safety legal requirements are current.
- Risk identification and controls.
- Health and safety induction and training.
- Ensuring that the incident and near miss reporting procedure is followed accurately.
- Ensuring reporting and recording procedures are adhered to.
- Collation of incident data, to establish any trends.
- Communicating to all staff any health and safety related changes which may affect them.
- Informing staff of whom their safety management and staff representatives are.
Each employee/temporary employee/contractor/sub-contractor is responsible for:
- Being familiar with and complying with all health and safety conditions of their employment contract, if applicable, and %The_Company%βs Health and Safety Policy. This includes using all personal protective equipment provided, and other safety equipment and devices as required.
- Completing basic OH&S training, as provided by %The_Company%.
- Ensuring the health and safety of themselves and others.
- Being actively involved in promoting the Health and Safety System, which includes:
- Identifying and reporting potential risks in the workplace.
- Identifying OH&S opportunities; a circumstance or set of circumstances that can lead to improvement of OH&S performance (performance being a measurable result, related to the effectiveness of the prevention of injury and ill health to workers and the provision of safe and healthy workplaces).
- Prompt reporting of all incidents and near misses to the appropriate person.
- Discouraging and preventing other workers from working in an unsafe manner, if necessary.
- Taking an active role in %The_Company%βs rehabilitation plan, and if applicable participating in health and safety training.
- Being involved in the development of the policies and in risk identification which affects them.
- Nominating a safety Representative to represent them.