Changes to workplace health and safety law – do you have a workplace committee?

On 13 June 2023, the Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023 came into force.

This Amendment requires all persons conducting a business or undertaking (“PCBUs”) to:

  • Initiate an election of one or more health and safety representatives if a worker requests such an election be initiated; and
  • Establish a health and safety committee, as soon as practicable, if a health and safety representative or 5 or more workers at that workplace have requested a health and safety committee be established.

Previously, PCBUs with fewer than 20 workers in sectors that were not prescribed as high-risk were exempt from these requirements.  A PCBU that was satisfied that its existing worker participation practices sufficiently met the requirements could also decline to establish a health and safety committee.  This is no longer the case.

What does this mean for your business?

The Act does not make it mandatory for all PCBUs to have a health and safety representative and health and safety and committee.

However, the Act does make it an offence not to hold an election for a health and safety representative, or to fail to establish a committee, if an election or committee has been requested.  Individuals may be fined up to $5,000 and companies may be fined up to $25,000.

It is therefore important that PCBUs are responsive to requests and:

  • Initiate an election of health and safety representative(s); and/or
  • Establish a health and safety committee.

If you would like further information on these changes or any other employment law advice please contact Shima Grice, Partner, or Lucy Nolan, Solicitor – get in touch here.

Lucy Nolan

Share
Published by
Lucy Nolan

Recent Posts

Team members step up Sharp Tudhope

We're pleased to announce the promotion of four members of our legal team. Benji Crossley…

2 days ago

Tariff cease-fire: a breather for New Zealand exporters – but no time to relax.

Since our last update on US tariffs, there have been several significant developments unfold in…

1 month ago

Incorporated Societies: Countdown to Re-Registration Under the 2022 Act

What you need to know about updating your constitution and meeting the deadline As most…

2 months ago

Financial Markets Authority submissions: clarifying the use of Eligible Investor Certificates

Eligible Investor Certificates: High Court Submissions and Key Implications In recent submissions made to the…

3 months ago

Competition Law Review: Submissions on the Commerce Act 1986

Modernising Competition Law: Our Take on the Commerce Act Review The Ministry of Business, Innovation…

3 months ago