These guidelines from Worksafe NZ help organisations work out if they have work health and safety duties, and what those duties are.
For your organisation to have work health and safety duties, it must be a ‘person conducting a business or undertaking’ (PCBU).
There are certain organisations with volunteers (called ‘volunteer associations’) that are not classed as PCBUs. Volunteer associations do not have HSWA duties.
Use the flowchart to work out whether your organisation is a volunteer association or a PCBU.
Example: Art for All
Art for All is a group of artists who volunteer to run painting classes for elderly and vulnerable people in the community. Classes are run out of an artist’s home studio, and a small fee is charged to cover the art materials.
Tito, a self-employed picture framer, is contracted to frame the finished masterpieces.
Is this group a PCBU?
- Do they work for a community purpose?
Yes – supporting vulnerable people. - Do they have employees?
No – Tito’s work is carried out under a contract for services, as opposed to a contract of service (an employment agreement), so he is not an employee.
Art for All is a volunteer association – it does not have HSWA duties.
For further information head to the Worksafe NZ website.