PCBU Duty of Care NZ – Your HSWA Compliance Guide

Under New Zealand’s Health and Safety at Work Act 2015 (HSWA), the term PCBU (Person Conducting a Business or Undertaking) is central to workplace health and safety obligations. If you are a frontline manager, supervisor, or business owner, understanding your PCBU duty of care is not optional—it is a legal requirement that carries serious penalties for non-compliance.

What is a PCBU?

A PCBU is any person or entity conducting a business or undertaking—whether for profit or not. This includes companies, sole traders, partnerships, government departments, and even local authorities. Employees and volunteer associations (unless incorporated) are generally not PCBUs. The definition is broad, so if you manage people, equipment, or a workplace, you are likely a PCBU or acting on behalf of one.

The Primary Duty of Care (s36)

Section 36 of HSWA imposes a primary duty of care on every PCBU. This duty is not delegable—you cannot contract out of it. It covers:

• Providing and maintaining a safe work environment
• Safe plant, structures, and systems of work
• Safe handling, storage, and transport of substances
• Adequate facilities for worker welfare
• Information, training, instruction, and supervision
• Monitoring worker health and conditions
• Ensuring the health and safety of others (e.g., visitors, subcontractors)

This duty applies to all aspects of work, from physical hazards to psychosocial risks like stress and bullying.

The ‘Reasonably Practicable’ Test

The standard of care is not absolute—it is qualified by what is reasonably practicable. This is defined in HSWA s22 and involves weighing:

• The likelihood of the hazard or risk occurring
• The degree of harm that could result
• What the PCBU knows (or ought reasonably to know) about the risk and ways to eliminate or minimise it
• The availability and suitability of control measures
• The cost of implementing controls (only in proportion to the risk)

In practice, this means you must take proactive steps to identify hazards, assess risks, and implement controls—starting with elimination, then minimisation (e.g., substitution, isolation, engineering controls, administrative controls, and finally PPE).

Overlapping Duties (s34)

Workplaces often involve multiple PCBUs—for example, a head contractor, subcontractors, and a property owner. HSWA s34 states that duties can overlap, and each PCBU must discharge their duty to the extent they can influence or control the matter. You must also consult, cooperate, and coordinate activities with other PCBUs to manage shared risks. Failure to do so can result in enforcement action against all parties.

Officer Due Diligence (s44)

If you are a director, CEO, or senior manager, you are an officer under HSWA. Section 44 requires you to exercise due diligence to ensure the PCBU complies with its duties. Due diligence includes:

• Keeping up to date with health and safety knowledge
• Understanding the PCBU’s operations and associated risks
• Ensuring the PCBU has appropriate resources and processes to manage risks
• Verifying that those processes are implemented and reviewed

Officers can be personally prosecuted and fined up to $600,000 for failing to meet this duty.

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Examples in Practice

Construction

A construction company (PCBU) must ensure all subcontractors have safe systems of work. If a labour hire worker is injured because of inadequate training, both the construction company and the labour hire firm may be liable. Overlapping duties under s34 require both to coordinate safety inductions, provide PPE, and monitor site conditions.

Labour Hire

A labour hire agency (PCBU) must ensure workers are competent and informed about site-specific risks. Even if the host employer controls the site, the labour hire firm retains a duty to check that the host’s safety systems are adequate. This includes regular site visits and worker feedback.

Practical Steps for Frontline Managers

1. Identify hazards – Conduct regular workplace inspections and task analyses.
2. Assess risks – Use a risk matrix to prioritise controls.
3. Implement controls – Follow the hierarchy: eliminate, minimise, isolate, engineer, administer, PPE.
4. Consult workers – Involve them in safety decisions (HSWA s58).
5. Monitor and review – Check controls are effective and update as needed.
6. Document everything – Keep records of training, incidents, and risk assessments.

Remember: the PCBU duty of care is ongoing. It requires continuous improvement, not a one-off checklist.