What does the Health and Safety Reform Bill mean for your business? - Part 4 - What are the Duties of up stream PCBUs

22/09/2014 08:24

WorkSafe NZ is providing a serious of updates that seek to explain different parts of the proposed Health and Safety Bill.


These updates provide an overview of the key parts of the Bill as introduced to Parliament, to help you understand some of its key concepts. This will help ensure you’re prepared for when the law comes into effect in 2015.

If you would like to know more about how this will affect your business call Health and Safety East Coast 0272878747 or email us at healthsafe_ec@yahoo.com


What are the duties of upstream PCBUs under the Bill

Work health and safety is everyone’s responsibility.

This means that PCBUs who are upstream from the workplace (for example designers, such as architects and engineers, manufacturers, suppliers or installers of plant, substances or structures) also have a role to play in managing risks to health and safety at work.

Specifically they have a duty to ensure, so far as is reasonably practicable, that the work they do or the things they provide to the workplace don’t create health and safety risks.

These explicit duties include ensuring the plant, substances, or structures are without risk to people who:

  • use the plant, substance or structure at a workplace
  • handle the substance at a workplace
  • store the plant or substance at a workplace
  • construct the structure at a workplace
  • carry out any reasonably foreseeable activity (inspection, cleaning, maintenance or repair) at a workplace
  • are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace.


For example….

Where scaffolding is used in a workplace, each PCBU in the chain must play its part to ensure the health and safety of workers and others who may interact with the scaffolding throughout its use in the workplace. These PCBUs include the engineer who designs the scaffolding, the scaffolding manufacturing company, the scaffold hire company as both the supplier and usually the installer of the scaffold, as well as the client who commissions the scaffold.

Clauses 34 to 38 set out the duties of upstream PCBUs.