On this page:

• Appendix 1: Glossary
• Appendix 2: Health and Safety at Work Act 2015 duties
• Appendix 3: So far as is reasonably practicable (section 22 of HSWA)
• Appendix 4: Working with other PCBUs – overlapping duties (section 34 of HSWA)
• Appendix 5: Upstream duties (sections 39-43 of HSWA)
• Appendix 6: Worker engagement, participation, and representation (Part 3 of HSWA)

Appendix 1: Glossary

Barrier

An obstruction placed to prevent access to a worksite which physically separates it from vehicles in live lanes and other road users.

Closure

The physical area from which the road users are to be excluded. This includes, but is not limited to, shoulder closures, lane closures, and road closures.

Competent person

Someone who has the appropriate skills, training, knowledge, and experience to perform the task or role.

Contracting PCBU

Usually, the initiator of a contract for work or services. The contracting PCBU is sometimes referred to as the client or principal.

Contractor

In road and roadside work, a ‘contractors’ is a PCBU that has been awarded a contract by the contracting PCBU (for example, an RCA or utility/service provider), or a PCBU that has been awarded a contract to do work near or on a private road.

Control measure

A way of eliminating or minimising risks to health and safety.

CoPTTM

Code of Practice for Temporary Traffic Management – produced by Waka Kotahi. Now replaced by the Waka Kotahi’s New Zealand Guide to Temporary Traffic Management(external link)

Detour

A temporary route to guide road users around a worksite operation.

Emergency

An uncontrolled event that has caused, or could cause:

• loss of life
• injury
• serious property damage.

It can include declarations of civil defence emergencies, vehicles crashes, or other significant incidents. It does not include delays unless these are the result of one of the above situations.

Exclusion zone

An area set aside for a specific activity where only authorised workers can operate, for example a forklift operating zone. Can also include the area above the activity.

Fatigue

A physiological state where someone is unable to mentally and physically function as they usually would. This is caused by four main factors:

• missing out on sleep
• being awake for too long
• working and sleeping in the wrong parts of the body clock cycle
• workload (mental and physical).

Fencing

Using temporary fences to keep pedestrians/cyclists from entering a worksite.

Hazard

A potential source of harm. It could include an object, situation, or behaviour.

HSWA

Health and Safety at Work Act 2015.

The key work health and safety legislation in New Zealand. HSWA applies to all work and workplaces unless specifically excluded.

You can find the full text of the Act on the New Zealand Legislation website(external link)

Live lane

A traffic lane available for use by road users.

Mental harm

The significant cognitive, emotional, or behavioural impact arising from, or exacerbated by, work-related risk factors. Mental harm may be immediate or long-term and can come from single or repeated exposure.

Mental wellbeing

A state of wellbeing in which every individual:

• realises his or her own potential
• can cope with the normal stresses of life
• can work productively and fruitfully, and
• is able to make a contribution to her or his community.

Mobile plant

Plant that is powered or self-propelled, such as vehicles and equipment. Examples include bulldozers, mobile cranes, forklifts, elevating work platforms, and tractors.

Overlapping duties

When a PCBU shares duties with other PCBUs. When two or more PCBUs are working together at the same location or through a contracting chain, they must work together to fulfil their duties of care and manage risks. Where those duties overlap, the PCBUs must consult, cooperate, and coordinate with each other to meet their health and safety responsibilities to workers and others.

PCBU

Person conducting a business or undertaking.

In most cases a PCBU will be a business entity, such as a company. However, an individual carrying out business as a sole trader or self-employed person is also a PCBU.

A PCBU does not include:

• workers or officers of a PCBU
• volunteer associations with no employees, or
• home occupiers that employ or engage a tradesperson to carry out residential work.

Pedestrian

A person travelling on foot (not on or inside a vehicle). Includes people walking, running, and using mobility aids.

Personal proximity warning device

A system where site vehicles/mobile plant are fitted with a device and pedestrians wear a device that can detect when the two are within a specified distance of each other. The system can send a warning to the driver and/or the pedestrian that they are getting near to each other.

PPE

Personal protective equipment.

Anything used or worn by a person (including clothing) to minimise risks to the person’s health and safety.

This may include but is not limited to:

• respiratory protective equipment
• protective helmets
• protective eyewear
• protective boots
• protective gloves
• hearing protection
• high-vis clothing
• sunhats
• sunscreen and lip protection
• safety harness systems.

Practice note

A practice note provides good practice guidance for a traffic management activity where risks and mitigation measures are standard practice and repeated regularly. These are developed and maintained by businesses or industry organisations but can be accessed via Waka Kotahi’s website for all to refer to.

Primary duty of care

A PCBUs legal obligation to ensure, so far as is reasonably practicable, the health and safety of workers, and that other persons are not put at risk by its work. This is called the ‘primary duty of care’.

Proximity warning device

Technology used on mobile plant to warn the operator of the mobile plant when they are within a specified proximity to other mobile plant, objects, or pedestrians.

The system can send an audible warning to the driver and/or the pedestrian that they are getting near to each other.

Reasonably practicable

What is, or was, reasonably able to be done to ensure health and safety, taking into account and weighing up relevant matters including:

• the likelihood of the risk concerned occurring or workers being exposed to the hazard
• the degree of harm that might result
• what the person concerned knows, or ought reasonably to know, about:
  • the hazard or risk
  • ways of eliminating or minimising the risk
• the availability and suitability of ways to eliminate or minimise the risk
• after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

For more information, see WorkSafe’s fact sheet: Reasonably practicable [PDF, 44 KB]

Request for proposal (RFP)

A formal request from an agency asking suppliers and/or contractors to propose:

• how their goods, services, or works can achieve a specific outcome, and
• their prices.

An agency may be open to innovative ways of achieving the outcome.

Request for tender (RFT)

A formal request from an agency asking for offers from potential suppliers and/or contractors to supply clearly defined goods, services, or works.

Often there are highly technical requirements and a prescriptive solution.

Risk

Risks arise from people being exposed to a hazard (a source of harm).

Road/Road reserve

The area of land between the legal boundaries, usually fence line to fence line (including any safety run-off areas), which is dedicated to allowing the passage of road users.

The road reserve also includes bridges and an airspace of six metres directly above the road surface.

Roadside

The area near a road that may be affected by activity on the road, or where activity in that area may affect the road.

Road user

Any user of the road, including motor vehicle drivers, motorcyclists, pedestrians, and cyclists.

Site induction

Information, training, and instruction provided to workers and visitors to a worksite.

Inductions should include basic health and safety requirements (including highlighting the key risks on site) and what to do in an emergency.

Site traffic management specialist (STMS)

A qualified person who has specific responsibility for documentation and management of temporary traffic management (TTM).

Spotter/spotting

A person who helps drivers/operators when manoeuvring vehicles or mobile plant at a worksite. Often used when visibility is limited or there are other hazards in the area.

Static worksite

Worksites where the workers are at the same site for more than one hour. These sites generally have fixed traffic management practices and may have facilities in place.

Subcontractor

A PCBU hired by a contractor to carry out temporary, paid work under contract.

Temporary Traffic Management Zone (TTM zone)

The section of road defined at each end either by advance warning and end of works signs, or between vehicles in a mobile operation, including the vehicles themselves.

Traffic controller (TC)

A qualified person who has specific responsibility to manage road user traffic at or near a worksite.

Traffic management (TM)

The process of managing road users through or past a closure in a safe manner.

Traffic management plan (TMP)

A document describing the design, implementation, maintenance, and removal of temporary traffic management (TTM) while the associated activity is being carried out within the road reserve or adjacent to it and affecting the road reserve.

Vehicle movement plan

A plan that documents how vehicle and mobile plant risks are being managed within a worksite. This is different to a traffic management plan.

Vulnerable road user

Pedestrians (including people on skateboards, roller skates, foot scooters, cyclists and motorcyclists (including mopeds), and those using mobility aids, such as powered wheelchairs)

Worker

An individual who carries out work in any capacity for a PCBU. A worker may be:

• an employee
• a contractor or subcontractor
• an employee of a contractor or subcontractor
• an employee of a labour hire company
• an outworker (including a homeworker)
• an apprentice or a trainee, a person gaining work experience or on a work trial
• a volunteer worker.

Workers can be at any level (for example, managers are workers too).

PCBU is also a worker if the PCBU is an individual who carries out work in that business or undertaking.

Worksite

The area that is available for workers to complete the activity.

In a road and roadside work context, this includes the area surrounding a worker, their vehicle, plant, or equipment during both mobile and static operations. Where there is a temporary traffic management set-up in place, the worksite will typically be within the TTM zone.

Appendix 2: Health and Safety at Work Act 2015 duties

The Health and Safety at Work Act 2015 (HSWA)(external link) is New Zealand’s key work health and safety law.

All work and workplaces are covered by HSWA unless they have been specifically excluded.

For example, HSWA does not apply to the armed forces in certain situations.

HSWA sets out the work health and safety duties that duty holders must comply with.

There are four types of duty holder under HSWA:

• a person conducting a business or understanding (PCBU)
• an officer
• a worker
• an ‘other person’ at the workplace. 

Most duties under HSWA relate to how work is carried out. However, some duties are linked to where work is carried out – the workplace.

Appendix 3: So far as is reasonably practicable (section 22 of HSWA(external link))

Certain PCBU duties (the section 36-43(external link) duties, including the primary duty of care) must be carried out ‘so far as is reasonably practicable’.

What to consider when deciding what is ‘reasonably practicable’

Just because something is possible to do, does not mean it is reasonably practicable in the circumstances.

Consider:

• What possible actions can be taken to ensure health and safety?
• Of these possible actions, at a particular time, what is reasonable to do?

Think about the following questions.

What is known about the risk?

• How likely is the risk to occur?
• How severe is the illness or injury that might occur if something goes wrong?
• What is known, or should reasonably be known, about the risk?

What is known about possible control measures?

• What is known, or should reasonably be known, about the ways (control measures) to eliminate or minimise the risk?
• What control measures are available?
• How appropriate (suitable) are the control measures to manage the risk?
• What are the costs of these control measures?
• Are the costs grossly disproportionate to the risk? Cost must only be used as a reason to not do something when that cost is grossly out of proportion to the risk.

 For more information, see Reasonably practicable [PDF, 44 KB]

Appendix 4: Working with other PCBUs – overlapping duties (section 34 of HSWA(external link))

More than one PCBU can have a duty in relation to the same matter. These PCBUs have overlapping duties – this means that the duties are shared between them.

Duties regularly overlap:

• in a shared workplace (for example, a building site or a port) where more than one business has control and influence over the work on site.
• in a contracting chain, where contractors and subcontractors provide services to a head contractor or client and do not necessarily share the same workplace.

A PCBU must, so far as is reasonably practicable, consult, cooperate, and coordinate activities with all other PCBUs they share duties with, so that all PCBUs can meet their joint responsibilities.

A PCBU cannot transfer or contract out of their duties, or pass liability to another person.

However, a PCBU can make an agreement with another PCBU to fulfil specific duties. Even if this occurs, all PCBUs are still responsible for meeting their legal duties.

For more information, see Overlapping duties

Appendix 5: Upstream duties (sections 39-43 of HSWA(external link))

A PCBU in the supply chain (upstream) also has a duty to make sure, so far as is reasonably practicable, that the work they do or the things they provide to other workplaces do not create health and safety risks.

An upstream PCBU is a business that:

• designs plant, substances, or structures
• manufactures plant, substances, or structures
• imports plant, substances, or structures
• supplies plant, substances, or structures
• installs, constructs or commissions plant or structures.

Upstream businesses are in a strong position to eliminate or minimise risk. They can influence, and sometimes eliminate, health and safety risks through designing, manufacturing, importing, or supplying products that are safe for the end user.

For more information, see Upstream duties 

Upstream duties for designers (section 39 of HSWA(external link))

A designer creates or modifies a design for plant, substances, or structures that are to be used or operated, or could be used or operated, in a workplace.

A designer has a duty, so far as is reasonably practicable:

• to make sure the products they design do not create health and safety risks for the people that use them and those nearby
• to make sure the products they design have been tested so they are safe for use in a workplace
• to give the following information to those who will use the designed products:
  • the design’s purpose or intended use
  • the results of any calculations or tests
  • any general and current relevant information about how to safely use, handle, store, construct, inspect, clean, maintain, repair, or otherwise work near the designed products.

These requirements apply across the product’s entire lifecycle - from manufacture and construction, through to everyday use, decommissioning, and disposal.

For more information, see Upstream duties or Health and safety duties for businesses that design products for workplaces [PDF, 40 KB]

Upstream duties for manufacturers (section 40 of HSWA(external link))

A manufacturer makes plant, substances, or structures that are to be used, or could be used or operated, in a workplace.

A manufacturer has a duty, so far as is reasonably practicable:

• to make sure the products they manufacture do not create health and safety risks for the people that use them and those nearby
• to make sure the products they manufacture have been tested so they are safe for use in a workplace
• to give the following information to those that will use the manufactured products:
  • the purpose or intended use of each product
  • the results of any calculations and tests
  • any general and current relevant information about how to safely use, handle, store, construct, inspect, clean, maintain, repair, or otherwise work near the manufactured products.

These requirements apply across the product’s entire lifecycle - from manufacture and construction, through to everyday use, decommissioning, and disposal.

For more information, see Upstream duties or Health and safety duties for businesses that manufacture products for workplaces

Upstream duties for importers (section 41 of HSWA(external link))

An importer imports plant, substances, or structures that are to be used, or could be used or operated, in a workplace.

An importer is a business:

• that goods are imported by, or
• that goods are imported for.

Importation is another word for importing. Importation refers to the arrival of goods in New Zealand from a point outside New Zealand. These goods can arrive in any manner.

An importer has a duty, so far as is reasonably practicable:

• to make sure the products they import do not create health and safety risks for the people that use them and those nearby
• to make sure the products they import have been tested so they are safe for use in a workplace
• to give the following information to those who will use the imported products:
  • the purpose or intended use of each product
  • the results of any calculations and tests
  • any general and current relevant information about how to safely use, handle, store, construct, inspect, clean, maintain, repair, or otherwise work near the imported products.

These requirements apply across the product’s entire lifecycle – from construction or assembly, through to everyday use, decommissioning, and disposal.

Imported products must also meet all New Zealand regulatory requirements relevant to that product.

For more information, see Upstream duties or Health and safety duties for businesses that import products for workplaces [PDF, 41 KB]

Upstream duties for suppliers (section 42 of HSWA(external link))

A supplier supplies plant, structures, or substances that may be used in a workplace.

A supplier has a duty, so far as is reasonably practicable:

• to make sure the products they supply do not create health and safety risks for the people that use them and those nearby
• to make sure the products they supply have been tested so they are safe for use in a workplace
• to give the following information to those who will use the supplied products:
  • the purpose or intended use of each product
  • the results of any calculations and tests
  • any general and current relevant information about how to safely use, handle, store, construct, inspect, clean, maintain, repair, or otherwise work near the supplied products.

These duties do not extend to the sale of second-hand plant sold ‘as is’.

These requirements apply across the product’s entire lifecycle - from construction or assembly, through to everyday use, decommissioning, and disposal.

For more information, see Upstream duties or Health and safety duties for businesses that supply products for workplaces [PDF, 39 KB]

Upstream duties for installers, constructors or commissioners of plant or structures (section 43 of HSWA(external link))

An installer/constructor builds and/or assembles and installs plant and structures that may be used at a workplace.

A commissioner performs adjustments, tests, and inspections on plant and structures before they are used for the first time in a workplace.

An installer, constructor, or commissioner has a duty, so far as is reasonably practicable, to make sure that the way the plant or structure is installed, constructed, or commissioned does not create health and safety risks to the people that come into contact with it across the product’s entire lifecycle – from construction or assembly, through to everyday use, decommissioning, and disposal.

For more information, see Upstream duties or An additional health and safety duty for businesses that install, construct or commission plant or structures for workplaces [PDF, 39 KB]

Appendix 6: Worker engagement, participation, and representation (Part 3 of HSWA(external link))

Engage with workers and enable their participation

A PCBU has two main duties related to worker engagement and participation:

• to engage with workers on health and safety matters that affect or are likely to affect workers, so far as is reasonably practicable, and
• to have practices that give workers reasonable opportunities to participate effectively in the ongoing improvement of work health and safety.

A PCBU can engage with workers by:

• sharing information about health and safety matters so that workers are well-informed, know what is going on, and can contribute to decision-making
• giving workers reasonable opportunities to have a say about health and safety matters
• listening to and considering what workers have to say at each step of the risk management process
• considering workers’ views when health and safety decisions are being made
• updating workers about what decisions have been made.

A PCBU must engage with workers during specified times, including when identifying hazards and assessing risks.

A PCBU must have clear, effective, and ongoing ways for workers to suggest improvements or raise concerns.

Worker representation

Workers can be represented by a Health and Safety Representative (HSR), a union representing workers, or a person that workers authorise to represent them (for example, a community or church leader, or another trusted member of the community).

HSRs and Health and Safety Committees (HSCs) are two well-established methods of participation and representation. If workers are represented by an HSR, worker engagement must also involve that representative.

Good practice guidelines

Worker engagement, participation and representation

Interpretive guidelines

Worker representation through Health and Safety Representatives and Health and Safety Committees

Pamphlets

Worker representation

Health and Safety Committees

Health and Safety Representatives