Contractor health and safety obligations NZ — what the HSWA requires
HSWA 2015 — Part 2Updated April 2026⚡ Live legislation content
Quick answer
Every contractor operating a business is a PCBU under HSWA with primary duties of care. When multiple PCBUs share a worksite, they have overlapping duties and must consult, cooperate, and coordinate. You cannot contract out of your HSWA obligations.
Every contractor is a PCBU
A Person Conducting a Business or Undertaking (PCBU) includes sole traders and self-employed persons. If you run a contracting business, you have PCBU duties: safe work environment, safe plant and substances, adequate training and supervision.
Overlapping duties — the key concept
When PCBUs share a worksite or have overlapping work, each must discharge their own duty AND must consult, cooperate, and coordinate with other PCBUs on shared risks.
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You can't delegate your HSWA duty away
Contract clauses saying "the principal contractor accepts all liability" don't remove a subcontractor's HSWA duties. Both remain liable. WorkSafe has prosecuted principal contractors and subcontractors in the same incident.
New subcontractors need to know your safety requirements before they start.
Upload your H&S induction documents and give every new contractor instant, cited access.
The entity overseeing a construction project must: prepare a site-specific safety plan, ensure all PCBUs have compatible plans, coordinate all H&S activities, ensure workers can raise H&S issues, and display their identity prominently on site.
Worker engagement
PCBUs must have practices allowing workers to participate in H&S decisions. For businesses with 5+ workers, a formal worker participation practice is required. Workers must be able to raise safety issues without reprisal.
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Get overlapping duty arrangements in writing
WorkSafe expects written agreements about who manages which risks when multiple PCBUs share a site. Without documentation, all PCBUs are presumed responsible for everything.
Common questions
Yes. Sole traders conducting a business are PCBUs with full HSWA duties, though some procedural requirements have different thresholds.
No. You must discharge your own PCBU duties. The principal's plan may satisfy some obligations but not all.
You may share liability if you failed to properly vet, instruct, supervise, or coordinate with the subcontractor.
Not every small job, but you must have documented risk controls for every task with significant hazards.
Work with falls risk ≥5m, near water with drowning risk, involves explosives or diving, or lasts more than 30 working days with more than 20 workers.
What happens when staff ask this question at 11pm?
"One of our subbies had a near-miss yesterday — are we liable even though it was on their equipment?"