Definitions

The following key terms are defined in section 2 of the Act, or, where indicated, in the Health and Safety in Employment Regulations 1995. The definitions are reproduced here, with commentary in italics where applicable.

Accident means an event that -

1. Causes any person to be harmed; or
2. In different circumstances, might have caused any person to be harmed.

The Act prescribes investigation, hazard management and reporting duties after an accident. It should be noted that the definition in terms of the Act is broader than in common usage, and includes "near misses" as well as events that cause injury or illness.

All practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to -

1. The nature and severity of the harm that may be suffered if the result is not achieved; and
2. The current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and
3. The current state of knowledge about the harm of that nature; and
4. The current state of knowledge about the means available to achieve the result, and about the likely efficacy of each; and
5. The availability and cost of each of those means.

To avoid doubt, a person required by the Act to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.

This important term is discussed at 1.5, "All practicable steps" and 6.5, Offences and penalties.

Armed Forces, has the same meaning as in section 2(1) of the Defence Act 1990.

At work, in relation to any person, means present, for gain or reward, in the person's place of work.

The definition depends on that for "place of work". It also raises the question of timing, as to when a person is in their place of work, but not necessarily for gain or reward. Is for example, an employee "at work" during their unpaid lunch break? The courts are likely to say, "yes", if the purpose of their coming to work was for gain or reward, and their shift is continuing after the break. On the other hand, a visit to a place of work for private purposes, and after the hours of work is less likely to be construed as "at work".

Compliance order, means an order made under section 137 of the Employment Relations Act 2000.

Refer to 2.6, Employee participation, and 6.1, Health and safety inspectors.

Construction work is defined by Regulation 2 as -

1. Any work in connection with the alteration, cleaning, construction, demolition, dismantling, erection, installation, maintenance, painting, removal, renewal, or repair, of -
   1. Any building, chimney, edifice, erection, fence, structure, or wall, whether constructed wholly above or below, or partly above and partly below, ground level;
   2. Any aerodrome, cableway, canal, harbour works, motorway, railway, road, or tramway;
   3. Any thing having the purpose of drainage, flood control, irrigation, or river control;
   4. Any distribution system or network having the purpose of carrying electricity, gas, telecommunications, or water;
   5. Any aqueduct, bridge, culvert, dam, earthwork, pipeline, reclamation, reservoir, or viaduct;
   6. Any scaffolding; and
2. Includes any work in connection with any excavation, preparatory work, or site preparation carried out for the purposes of any work referred to in paragraph (a) of this definition; and
3. Includes any work referred to in paragraph (a) or paragraph (b) of this definition carried out underwater, including work on buoys, obstructions to navigation, rafts, ships, and wrecks; and
4. Includes the use of any materials or plant for the purposes of any work referred to in any of paragraphs (a) to (c) of this definition, and
5. Includes any inspection or other work carried out for the purposes of ascertaining whether any work referred to in any of paragraphs (a) to (c) of this definition should be carried out; but
6. Does not include any work in any mine, quarry, or tunnel.

Contractor means a person engaged by any person (otherwise than as an employee) to do any work for gain or reward.

Refer to 4.3, Duties of principals and contractors. The words "any work" suggests a contract for services, and not, for example, a contract for the sale of goods. There may be situations where a contract at face value is for the supply of goods, but contains an element of the provision of services - through warranties, service agreements, etc.

Employee, subject to sections 3C to 3F, means any person of any age employed by an employer to do any work (other than residential work) for hire or reward under a contract of service and, in relation to any employer, means an employee of the employer.

For further discussion see 1.4, Coverage is broad, and 3.1, The meaning of "employee".

Employer, subject to sections 3C to 3F,

1. means a person who or that employs any other person to do any work for hire or reward; and, in relation to any employee, means an employer of the employee; and
2. includes, in relation to any person employed by the chief executive or other employee of a Crown organisation to do any work for the Crown organisation for hire or reward, that Crown organisation.

For further discussion see 1.4, Coverage is broad, and 2.1, The meaning of "employer". See also the definition of "notification", below.

Enforcement action, means

1. in relation to an inspector -
   1. the laying of an information under the Act; or
   2. the issuing of an infringement notice under the Act; or
   3. the making of an application for a compliance order; and
2. in relation to a person other than an inspector, -
1. the laying of an information under this Act; or
2. the making of an application for a compliance order.

Facility, includes amenity and equipment.

This definition is particularly relevant to the application of regulations made under the Act concerning the provision of facilities.

Fail includes refuse; and "failure" includes refusal.

Harm

1. means illness, injury, or both; and
2. includes physical or mental harm caused by work-related stress.

See also, "serious harm", below.

Hazard

1. means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether arising or caused within or outside a place of work) that is an actual or potential cause or source of harm; and
2. includes-
   1. a situation where a person's behaviour may be an actual or potential cause or source of harm to the person or another person; and
   2. without limitation, a situation described in subparagraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person's behaviour.

See also "phenomenon", below.

Hazard notice, has the meaning set out in section 46A(1), and is a notice that:

1. describes a hazard identified in a place of work; and
2. is in the prescribed form; and
3. may set out suggested steps to deal with the hazard.

Health and safety committee, means a committee established to support the ongoing improvement of health and safety in a place of work.

Health and safety representative, means an employee elected, as an individual or as a member of a health and safety committee or both, to represent the views of employees in relation to health and safety at work.

See also the definition of "trained health and safety representative", below.

Healthy means unharmed, and "health" has a corresponding meaning.

The definition is intrinsic to the purpose of the legislation and the duties it imposes. It is important to note that "unharmed" is a narrower definition than in common use (or as defined by the World Health Organisation).

Home means a place occupied as a dwelling house; and includes any garden, yard, garage, outhouse, or other appurtenance, of a home.

This definition is used in conjunction with that for "residential work". See also 1.4, Coverage is broad.

Infringement notice, means a notice given under section 56B.

Machinery means an engine, motor, or other appliance that provides mechanical energy derived from compressed air, the combustion of fuel, electricity, gas, gaseous products, steam, water, wind, or any other source; and includes -

1. Any plant by or to which the motion of any machinery is transmitted; and
2. A lifting machine, a lifting vehicle, a machine whose motive power is wholly or partly generated by the human body, and a tractor.

This definition is particularly relevant to the application of regulations made under the Act and concerning machinery.

Matter, in sections 54, 54A, 54C. 54E, 56B and 56C, means -

1. a failure to comply with this Act or regulations made under this Act; or
2. a series of such associated failures arising out of, or relating to, the same incident, situation or set of circumstances.

Notifiable work is defined by Regulation 2 as-

1. Any restricted work, as that term is defined in regulation 2 of the Health and Safety in Employment (Asbestos) Regulations 1998;
2. Any logging operation or tree-felling operation, being an operation that is undertaken for commercial purposes;
3. Any construction work of one or more of the following kinds;
   1. Work in which a risk arises that any person may fall 5 metres or more, other than-
      • Work in connection with a residential building up to and including 2 full storeys;
      • Work on overhead telecommunications lines and overhead electric power lines;
      • Work carried out from a ladder only;
      • Maintenance and repair work of a minor or routine nature;
   2. The erection or dismantling of scaffolding from which any person may fall 5 metres or more;
   3. Work using a lifting appliance where the appliance has to lift a mass of 500 kilograms or more a vertical distance of 5 metres or more, other than work using an excavator, a fork-lift, or a self-propelled mobile crane;
   4. Work in any pit, shaft, trench, or other excavation in which any person is required to work in a space more than 1.5 metres deep and having a depth greater than the horizontal width at the top;
   5. Work in any drive, excavation, or heading in which any person is required to work with a ground cover overhead;
   6. Work in any excavation in which any face has a vertical height of more than 5 metres and an average slope steeper than a ratio of 1 horizontal to 2 vertical;
   7. Work in which any explosive is used or in which any explosive is kept on the site for the purpose of being used;
   8. Work in which any person breathes air that is or has been compressed or a respiratory medium other than air.

Notification is defined in Regulation 26 as:

1. In the regulation, the term "employer" includes a person who controls a place of work.
2. Subject to subclause (4) of this regulation, every employer who intends to commence any notifiable work or any work that will at any time include any notifiable work shall take all practicable steps to lodge notice of that intention in accordance with this regulation.
3. A notice required to be lodged under subclause (2) of this regulation shall-
   1. Be lodged at an office that deals with occupational safety and health matters, being the nearest such office of the Department to the place where the work is to be carried out; and
   2. Be in writing; and
   3. Be given at least 24 hours before the time at which the employer intends to commence the work; and
   4. Contain the following particulars-
      1. The nature and location of the work; and
      2. The name, address, and contact details of the employer; and
      3. The intended date of commencement of the work; and
      4. The estimated duration of the work.
4. It shall not be necessary for any employer to comply with subclause (2) of this regulation before commencing any construction work or tree felling operation necessary to deal with an emergency arising from-
   1. Damage caused by any earthquake, explosion, fire, flood, lightning, ram, slip, storm, or washout; or
   2. The blockage or breakdown of any drain or sewer; or
   3. The blockage or breakdown of any distribution system or network for electricity, gas, telecommunications, or water.

Person includes the Crown.

Person who controls a place of work, in relation to a place of work, means a person who is -

1. The owner, lessee, sublessee, occupier, or person in possession, of the place or any part of it; or
2. The owner, lessee, sublessee, or bailee, of any plant in the place.

See 1.4, Coverage is broad, or 4.1, Duties of persons who control a place of work.

Phenomenon includes radiation.

"Phenomenon" is used in the definition of "hazard", above.

Place of work means a place (whether or not within or forming part of a building, structure, or vehicle) where any person is to work, is working, for the time being works, or customarily works, for gain or reward; and

In relation to an employee, includes a place, or part of a place, under the control of the employer (not being domestic accommodation provided for the employee), -

1. Where the employee comes or may come to eat, rest, or get first-aid or pay; or
2. Where the employee comes or may come as part of the employee's duties to report in or out, get instructions, or deliver goods or vehicles; or
3. Through which the employee may or must pass to reach a place of work.

To date the courts have interpreted the definition provided by section 2 of the Act as meaning that in effect there are two definitions of places of work. The first, more general definition applies in situations where any person is working, whether employee, self-employed, contractor or other person.

The second definition is extended in relation to employees, by the inclusion of the subcategories a)-c).

The case law has found that where there is no employee involved, the narrower definition applies, i.e, the categories a)-c) do not apply. The place of work is therefore said to be the immediate area where work has taken, is taking, or will take place.

This was the finding in a hearing which determined whether or not a landowner was in control of a "place of work", under section 16 (1) of the Act. However, in a situation where an employee of a contractor or any other person is working, a landowner, or other person could be found to be in control of the place of work - with the broader definition applying.

Plant includes -

1. Appliance, equipment, fitting, furniture, implement, machine, machinery, tool, and vehicle; and
2. Part of any plant, the controls of any plant, and any thing connected to any plant.

Because it begins with the word "includes", this definition supplements the everyday meaning of the word "plant", and does not limit its terms.

Principal means a person who or that engages any person (otherwise than as an employee) to do any work for gain or reward.

This describes a contract for services.

Residential work, in relation to the occupier of a home, means -

1. Domestic work done or to be done in the home; or
2. Work done or to be done in respect of the home, -

by a person employed or engaged by the occupier solely to do work of one or both of those kinds in relation to the home.

For further discussion see 1.4, Coverage is broad, and 3.1, The meaning of "employee".

Safe, -

1. In relation to a person, means not exposed to any hazards; and
2. In every other case, means free from hazards; - and "unsafe" and "safety" have corresponding meanings.

Serious harm, means death, or harm of a kind or description set out in the first schedule to the Act, or declared by regulation to be "serious" for the purposes of this Act; and "seriously harmed" has a corresponding meaning.

No regulations for this purpose have been passed to date. Instead, the first schedule of the Act describes serious harm as:

1. Any of the following conditions that amounts to or results in permanent loss of bodily function, or temporary severe loss of bodily function:
   • Respiratory disease;
   • Noise-induced hearing loss, neurological disease, cancer;
   • Dermatological disease;
   • Communicable disease;
   • Muskuloskeletal disease;
   • Illness caused by exposure to infected material;
   • Decompression sickness;
   • Poisoning;
   • Vision impairment;
   • Chemical or hot-metal burn of eye;
   • Penetrating wound of eye;
   • Bone fracture;
   • Laceration; or
   • Crushing.
2. Amputation of body part.
3. Burns requiring referral to a specialist registered medical practitioner or specialist outpatient clinic.
4. Loss of consciousness from lack of oxygen.
5. Loss of consciousness, or acute illness requiring treatment by a registered medical practitioner, from absorption, inhalation, or ingestion, of any substance.
6. Any harm that causes the person harmed to be hospitalised for a period of 48 hours or more commencing within 7 days of the harm's occurrence.

Ship, has the same meaning as in section 2(1) of the Ship Registration Act 1992

Significant hazard means a hazard that is an actual or potential cause or source of -

1. Serious harm; or
2. Harm (being harm that is more than trivial) the severity of whose effects on any person depend (entirely or among other things) on the extent or frequency of the person's exposure to the hazard; or
3. Harm that does not usually occur, or usually is not easily detectable, until a significant time after exposure to the hazard.

"Significant hazard" is an important definition for determining the responses required by employers managing hazards under the duties of sections 7-10. It is important to note that the definition is considerably wider than just a cause of "serious harm". This has the effect of placing employers on notice that they need to identify and manage hazards with the potential for any harm that is not trivial. The harm may only occur after a long time. Likewise, the potential harm may vary in degree according to the intensity or duration of exposure to the hazard.

See 2.3, Hazard management.

Subcontractor means a person engaged (otherwise than as an employee) by any contractor or subcontractor to do for gain or reward any work the contractor or subcontractor has been engaged (as contractor or subcontractor) to do.

The Act imposes the same duties on a subcontractor as a "contractor". See 4.3, Duties of principals and contractors.

Substance includes a thing that is an organic material, whether living or not.

Suspension notice means a notice under section 37 (1) of the Act.

Trained health and safety representative, has the meaning set out in section 46A(1) and means - a health and safety representative who has achieved a level of competency in health and safety practice specified by the Minister by notice in the Gazette or who has completed an appropriate course approved under section 19G.

Union, has the same meaning as in section 5 of the Employment Relations Act 2000.

Volunteer -

1. means a person who -
   1. does not expect to be rewarded for work to be performed as a volunteer; and
   2. receives no reward for work performed as a volunteer; and
2. does not include a person who is in a place of work for the purpose of receiving on the job training or gaining work experience.