Do you remember the
Cave Creek disaster?

In April, 1995 a scenic viewing platform in Paparoa National Park collapsed: 14 people were killed.

An inquiry found that the platform had not been designed or approved by a qualified engineer, and that none of the people involved in building the platform were qualified engineers.

The way the platform was built differed from the original design, including using nails instead of bolts and not fully attaching the steps to the platform, which were to act as a counterweight.

A building consent was never obtained for the platform, nor was it inspected appropriately during or after its construction.

The final report found the Department of Conservation in breach of both the Building Act and the Health and Safety in Employment Act.
We can learn from the past
and all have a safer future

The 2016 Health and Safety Act aims to reduce injury and death not just of workers but of everyone in our communities.
Getting to grips with
the new legislation

Before you can review the health and safety (H&S) practices of your working world you'll need to get a grip on some key concepts in the legislation.

Q: Who has the primary duty to ensure H&S in your company?

A: The Person Conducting a Business or Undertaking … the PCBU.

A PCBU can be either a person or a business entity. It might be a government department, an NGO, a company or simply just a self-employed person.

So, who, or what, would have been the PCBU with the Cave Creek disaster? Choose an answer:
So...what is the
primary duty of care?

All PCBUs have a primary duty of care for the safety of workers and anyone else affected by the work carried out by the PCBU. The young people who died at Cave Creek weren't DOC staff but they were affected by what it had done.

If you are the PCBU or have the primary duty of care then you need to:

  • provide and maintain a work environment, plant and systems of work that are without risks to health and safety
  • ensure the safe use, handling and storage of plant, structures and substances
  • provide adequate facilities at work for the welfare of workers, including ensuring access to those facilities
  • provide information, training, instruction or supervision necessary to protect workers and others from risks to their health and safety
  • monitor the health of workers and the conditions at the workplace for the purpose of preventing illness or injury.

A broad approach


PCBUs need to take a broad approach – it's not just about an organisation's staff in their own workplace…
Officer of a PCBU

So where do you fit in with all this? Do you just need to hand all this over to your H&S consultant/officer or Jo in accounts who also has “a bit to do with H&S”… and then forget about it? Well, no – the new Act regards you as an officer of a PCBU.

Directors, business owners, board members, CEs and those in governance roles are considered officers of a PCBU. In this role they must exercise due diligence to ensure that the PCBU complies with its duties. It's a positive duty on those at the governance level of an organisation or company to actively engage in H&S matters. It reinforces the fact that H&S is everyone's responsibility.

Click on your role:
Do your homework

Through your decision making you have a high level of direct influence on the effectiveness of your company or organisation's H&S practice. You will be expected to exercise due diligence and do your homework to make sure that your business is meeting its H&S obligations.

This means that you must take reasonable steps to:

  • know about work H&S matters and keep up to date
  • understand what your organisation does as well as the hazards and risks in your workplace
  • make sure your workplace has the right resources and processes to eliminate or minimise those risks
  • collect and record information about incidents, hazards and risks and have processes for acting on this information
  • follow and comply with any duty
  • make sure that these resources and processes are in place and being used.

Click the icon below that matches the example.

Click the icon below that matches the example.

Click the icon below that matches the example.

Click the icon below that matches the example.

Want to know more?

WorkSafe New Zealand and the Ministry of Business, Innovation and Employment have more detailed information on these terms. Click on the signs to open links to this useful information.

Or you can go straight to the H&S 2016 Diagnosis to review your practices and identify risks in your business or organisation.

To find out more about how health and safety training enter your details below and we will be in touch shortly. Alternatively, call us on 0508 SKILLS

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For more health and safety resources, visit Worksafe