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Welcome to the questionnaire. Managing your health and safety obligations starts here.

SETTING THE SCENE

The Health and Safety at Work Act 2015 and the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (referred to together as the Act) apply to all workplaces in New Zealand. If you own, operate, or work in a workplace, the Act will apply to you in some way.

In order understand which duties your business has under the Act, it is vital to understand:

  • How your business is structured and what it does
  • All the places that are considered to be your workplace
  • How the Act classifies all the people at your workplace.

The Act has created four key classifications. Each classification has certain duties under the Act. It is important to understand who these classifications apply to at your business, so you can then work out who needs to be doing what. We’ll explain these in more detail later on, but in summary they are:

  • PCBU (Person Conducting Business or Undertaking): A term that relates to your business
  • Officers: Certain key people at the PCBU
  • Workers: People who work for the PCBU
  • Others: Anyone else at your workplace.

The questions below are to determine the structure of your business, what your business does, where your workplace is and who at your business falls into each classification under the Act.

We can then clarify and outline which duties are relevant to the people at your workplace.

Section 1 - PCBU
01
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What is the name of your business or undertaking?

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02
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Do you want to find out what the Health and Safety duties are for more than one business or legal entity? If so, please explain.

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03
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What is the legal structure of your business or undertaking?

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04
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Is your business a Volunteer Association?

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Section 2 - Upstream PCBU
05
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Does your business design plants, substances or structures to be used, or could reasonably be expected to be used, as or at anyone’s workplace? If yes, please explain.

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06
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Does your business manufacture plants, substances or structures to be used, or could reasonably be expected to be used, as or at anyone’s workplace? If yes, please explain.

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07
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Does your business import plants, substances or structures to be used, or could reasonably be expected to be used, as or at anyone’s workplace? If yes, please explain.

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08
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Does your business supply plants, substances or structures to be used, or could reasonably be expected to be used, as or at anyone’s workplace? If yes, please explain.

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09
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Is your business registered to provide financial services?

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10
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Does your business install, construct, or commission plants, substances or structures to be used, or could reasonably be expected to be used, as or at anyone’s workplace? If yes, please explain.

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Section 3 - Your Workplace
11
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Does your business have a physical presence in New Zealand? If so, where are you located? Please provide physical address.

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12
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In which places / locations is work carried out or is customarily carried out for your business?

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13
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In addition to the places where work is customarily carried out for your business, are there any other places where a worker goes, or is likely to be, while at work? For example, an offsite client meeting.

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14
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Do any of your workers perform remote or isolated work?

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15
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Do you have any individuals at your workplace aged under 15 years?

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16
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Do you provide accommodation for your workers?

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17
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Is your business a farming business?

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18
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Have you confirmed that there is no asbestos at your workplace to the level required by the Health and Safety at Work Asbestos Regulations 2016?

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19
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Does your business do any work with asbestos?

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Section 4 - Specific PCBU's
20
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Is there more than one business that does work at your workplace (whether you own that business or not), for example a shared workspace?

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21
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What is the name of the business that manages or controls your workplace (in whole or in part)?

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22
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What is the name of the business (or businesses) that manages or controls the fixtures, fittings or plant (in whole or in part) at your workplace?

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Section 5 - Officers
23
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Who in your business exercises significant influence over the management of your business? Please provide the job titles for these people.

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Section 6 - Workers
24
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Does your business have any employees? If you are unsure whether someone is an employee, we recommend you seek legal advice to clarify . In the interim please select ‘Yes’ for this question.

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25
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Does you business ever use contractors or subcontractors?

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26
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If your business uses contractors or subcontractors, do they have employees?

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27
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Does your business use any labour hire companies?

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28
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Does your business use any outworkers (including homeworkers)?

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29
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Does your business have any apprentices or trainees?

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30
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Does your business provide work experience or work trials for any individuals?

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31
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Is the work at your business carried out by fewer than twenty workers?

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Section 7 - Volunteers and Volunteer Workers
32
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Is any person at your business a Volunteer?

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33
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Do you have Volunteers at your business that are working with the knowledge or consent of the business AND that are working on an ongoing and regular basis AND that are an integral part of the business? Please only answer Yes if all apply.

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34
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Do any of those Volunteers participate in a fund raising activity?

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35
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Do any of those Volunteers help with sports or recreation for a school, sports club or recreation club?

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36
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Do any of those Volunteers help with school activities outside the school premises?

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37
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Do any of those Volunteers provide care for another person in the Volunteers home?

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Section 8 - Other people at your workplace
38
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Do you have people coming onto your workplace who are not other businesses, officers or workers?

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Section 9 - Further Guidance
39
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What does your business do / produce / provide?

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40
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Does your business fit within the following sector?

Adventure Activities

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41
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Does your business fit within the following sector?

Agriculture

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42
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Does your business fit within the following sector?

Aquaculture

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43
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Does your business fit within the following sector?

Building and Construction

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44
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Does your business fit within the following sector?

Construction Services

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45
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Does your business fit within the following sector?

Energy

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46
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Does your business fit within the following sector?

Extractives

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47
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Does your business fit within the following sector?

Fishing, hunting and trapping

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48
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Does your business fit within the following sector?

Food product manufacturing

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49
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Does your business fit within the following sector?

Forestry

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50
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Does your business fit within the following sector?

Geothermal

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51
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Does your business fit within the following sector?

Healthcare

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52
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Does your business fit within the following sector?

Heavy and civil engineering construction

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53
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Does your business fit within the following sector?

Horticulture

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54
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Does your business fit within the following sector?

Manufacturing

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55
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Does your business fit within the following sector?

Occupational Diving

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56
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Does your business fit within the following sector?

Petroleum

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57
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Does your business fit within the following sector?

Port Operations

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58
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Does your business fit within the following sector?

Water supply, sewerage and drainage services

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59
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Does your business fit within the following sector?

Wine Industry

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60
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Does your business store and process large quantities of hazardous substances?

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61
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Does your business own or manage any land?

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Section 10 - Secondary Questions
62
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Does your business levy workers for anything done or provided in relation to health and safety?

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63
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Does your business require workers to provide their own personal protective equipment, either as a pre-condition of employment, or a term or condition in an employment agreement?

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64
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Have you agreed to any contracts or agreements that try to exclude, limit or modify the operation of the Act or any duty owed under the Act?

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65
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Has your business entered into an arrangement that covers your businesses ability to pay fines or infringements under the Act?

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66
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Have any workers at your workplace asked for a Health and Safety representative to be elected or a Health and Safety committee to be formed?

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