Health and Safety at Work Act 2015

Worker participation practices

61 Duty to have worker participation practices

(1)

A PCBU must have practices that provide reasonable opportunities for workers who carry out work for the business or undertaking to participate effectively in improving work health and safety in the business or undertaking on an ongoing basis.

(2)

In complying with subsection (1), the PCBU must—

(a)

comply with prescribed requirements relating to worker participation, including requirements relating to a particular industry, sector, or kind of workplace:

(b)

take into account any relevant approved code of practice.

(3)

In this section, reasonable opportunities means opportunities that are reasonable in the circumstances, having regard to relevant matters, including—

(a)

the number of workers working in the business or undertaking; and

(b)

the number of different workplaces of the business or undertaking, and the distance between them; and

(c)

the likely risks to work health and safety in the business or undertaking and the level of those risks; and

(d)

the nature of the work that is performed and the way that it is arranged or managed; and

(e)

the nature of the employment arrangements or contracting arrangements, including the extent and regularity of employment or engagement of temporary workers; and

(f)

the willingness of workers and their representatives to develop worker participation practices; and

(g)

in relation to employers and employees, the duty to act in good faith as required by section 4 of the Employment Relations Act 2000.

(4)

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $20,000:

(b)

for any other person, to a fine not exceeding $100,000.

Compare: 1992 No 96 s 19B