Health and Safety at Work Act (HSWA) 2015 overview
HSWA is New Zealand’s workplace health and safety law. It sets out principles, duties and rights in relation to health and safety. It is important to understand how HSWA applies to you.
- Maritime NZ administers HSWA and associated regulations for:
- work on board ships and where ships are places of work
- work on New Zealand’s 13 major ports.
You can read HSWA in full on the New Zealand Legislation website:
Depending on the industry you work in, there may be additional requirements. For example, if you work on board a ship, the Maritime Transport Act 1994 requires the operation to be covered by a maritime operator safety system (MOSS).
There are also regulations associated with HSWA that apply in many workplaces. For example:
- Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 apply in all workplaces
- Health and Safety at Work (Hazardous Substances) Regulations 2017 apply to all workplaces where dangerous goods are used, stored, including when in transit.
- Health and Safety at Work (Worker Engagement, Participation and Representation) Regulations 2016 apply in all workplaces
- Health and Safety at Work (Asbestos) Regulations 2016 apply where asbestos is present or suspected in a workplace.
WorkSafe New Zealand is the main regulator for HSWA and its related regulations. See below for information about Maritime NZ’s role in health and safety for the maritime sector.
What HSWA does
HSWA recognises that everyone, government, businesses, and workers, must participate in the health and safety system for it to work well.
These different types of organisations are referenced as persons conducting a business or undertaking or PCBUs.
The key guiding principle of HSWA is that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from work risks, so far as is reasonably practicable
HSWA includes the following:
- principles for managing workplace health and safety
- duties and obligations for PCBUs, officers, workers, and others
- rights and protections for workers and other people at work.
Maritime NZ’s role in health and safety
Maritime NZ performs all the functions and powers of the regulator under HSWA for of work on board ships and ships as workplaces. This includes maritime sector workplaces in New Zealand's exclusive economic zones, the continental shelf and applies to any New Zealand vessel operating anywhere in the world.
On 1 July 2024, Maritime NZ became responsible for HSWA on New Zealand’s 13 major ports. Under this designation, Maritime NZ performs all functions and powers under HSWA on major ports, except for functions named in the Designation that WorkSafe retained.