Health and safety law in New Zealand changed significantly with the Health & Safety at Work Act 2015 (HSWA). If you run a trade business — whether you're a sole trader or employ a team — you have legal obligations that go beyond "wear your hard hat."
This guide covers what you actually need to know and do, without the legal jargon.
Are You a PCBU?
The first thing to understand is the concept of a PCBU — Person Conducting a Business or Undertaking.
If you run any kind of trade business in NZ, you are a PCBU. That includes sole traders, partnerships, and companies. Being a PCBU means you have a primary duty of care to ensure, so far as is reasonably practicable, the health and safety of your workers and anyone else who could be affected by your work.
"Reasonably practicable" is the key phrase. You don't have to eliminate every conceivable risk — but you do have to identify hazards, assess their likelihood and severity, and put controls in place.
What You Must Have in Place
1. Hazard Identification and Management
Before starting work on any new site, you must identify the hazards present and put controls in place. This is where a Site Safety Checklist comes in — it's a simple tool that prompts you to think through the key risks before work starts.
Key hazards to consider on most trade jobs: - Working at heights (ladders, scaffolding, roofs) - Electrical hazards (live circuits, overhead lines) - Manual handling (heavy materials, awkward positions) - Hazardous substances (chemicals, solvents, asbestos) - Plant and equipment (power tools, machinery)
Use our free Site Safety Checklist template to document your hazard assessment on each job.
2. Safe Work Method Statements (SWMS)
For high-risk construction work, you must have a written SWMS before work starts. High-risk construction work in NZ includes:
- Work at height where a person could fall more than 3 metres
- Demolition of load-bearing structures
- Work involving asbestos or lead paint
- Excavation deeper than 1.5 metres
- Work in confined spaces
- Work near energised electrical installations
A SWMS documents each step of the task, the hazards at each step, and the controls in place to manage them. Workers must read and sign it before starting.
Download our free SWMS template.
3. Toolbox Meetings
Regular toolbox meetings are one of the most cost-effective H&S practices you can implement. A 10-minute chat at the start of the day or week where you cover:
- Hazards identified on the current job
- Any near misses from the previous period
- Upcoming high-risk tasks
- PPE compliance
Keep a written record — if WorkSafe ever investigates an incident, being able to show a pattern of regular H&S engagement makes a significant difference.
Download our free Toolbox Meeting Record template.
4. Incident Reporting
You must record all incidents, injuries, and near misses. For notifiable events, you must notify WorkSafe NZ immediately.
Notifiable events include: - A death - A notifiable injury (e.g. fracture of bones other than fingers/toes, amputation, serious head injury, serious burns) - A serious illness - A notifiable incident (e.g. a near miss that could have caused a notifiable injury)
The WorkSafe NZ notifiable event hotline is 0800 030 040 — available 24/7.
For all incidents and near misses, complete an Incident Report and keep it on file for at least 7 years.
Download our free Incident Report template.
5. PPE
You must ensure your workers have appropriate PPE and that it is worn. This isn't optional — it's a legal duty.
Minimum PPE for most construction sites: - Safety boots (steel-capped) - High-visibility vest - Hard hat (when overhead risks exist) - Safety glasses (when cutting, grinding, or working with chemicals) - Gloves (appropriate to the task)
Working at Heights
Falls are the leading cause of serious injury and death in the NZ construction industry. If your work involves any height:
- Up to 3m: ladders may be appropriate if the work is brief and the ladder can be properly footed
- Over 3m: fall protection is required — scaffolding, guardrails, or a harness with a properly rated anchor point
- Scaffolding over 5m must be designed by a chartered professional engineer
Check our free Site Safety Checklist for a working at heights section.
Asbestos: A Special Case
Any structure built before 1990 may contain asbestos. Before demolition or renovation work, a licensed asbestos assessor must inspect for asbestos-containing materials (ACMs).
If ACMs are found: - Friable asbestos (can be crumbled by hand) — must be removed by a Class A licensed asbestos removalist - Non-friable asbestos — can be removed by a Class B licensed removalist or, for small amounts, by a competent person following strict controls
Never disturb suspected asbestos without getting it tested first. The fines for unlicensed asbestos work are significant, and the health consequences are severe.
See our asbestos removal cost guide for typical NZ prices.
H&S for Subcontractors
When you hire subcontractors, your PCBU duty of care extends to their workers. You must:
- Ensure subcontractors have their own H&S systems in place
- Conduct a site induction for all subcontractors before they start
- Coordinate H&S responsibilities where multiple PCBUs are working on the same site
Use our free Contractor Site Induction template to formalise sign-in and safety briefings.
Software That Makes H&S Easier
One of the biggest barriers to proper H&S compliance for small trade businesses is the admin burden. Maintaining SWMS documents, toolbox meeting records, and incident reports takes time — especially if they're stored in a drawer or scattered across email.
Fastcrew is a NZ tradie platform being built with H&S management natively included — linked to your jobs, accessible from your phone, no separate subscription needed. Join the waitlist at fastcrew.nz.
Key WorkSafe NZ Resources
- WorkSafe NZ website: worksafe.govt.nz
- Notifiable events hotline: 0800 030 040
- Good Practice Guidelines for the Construction Industry: available free on the WorkSafe website
H&S compliance doesn't have to be complicated. A site safety checklist, regular toolbox meetings, a proper incident register, and SWMS for high-risk tasks — done consistently, these simple practices protect your workers, protect your business, and keep WorkSafe satisfied.
Use our free H&S templates to make it easier.