The following post was originally written as a newsletter article for ETNZ.
Since I last wrote (a while ago, I know… sorry, I’ve been on tour…) the Health and Safety Reform Bill has been passed by Parliament and we now have a brand new Health and Safety at Work Act that is due to come into effect 4 April 2015.
The WorkSafe NZ website has great examples of who has what roles under the new Act. I have taken a couple of their examples and “theatre-fied” them for you here. (Note any resemblance to actual companies or people is purely coincidence…)
Also noting, as always, I’m not a lawyer. If you have any concerns about your legal status it would pay for you to check with your lawyer or contact WorkSafe NZ directly.
Example #1 – Davo’s Lumos
Dave owns a lighting supply and hire company (Davo’s Lumos) with partner Pete (who works as a builder). Davo’s Lumos employ business-minded Betty as the general manager. Dave looks after sales and Betty makes most of the day-to-day business decisions for the hire side of the company. Also employed are a couple of old-school techs as full-timers – Grubs (no one remembers his real name) to manage the warehouse and Jane as a project manager. Gen-Z youngsters Shaquenta, Mykl and D’nyell are regularly employed as casuals.
- The PCBU in this case is Davo’s Lumos;
- As business owners Dave and Pete are officers of the PCBU;
- Dave is also a worker.
- As someone who has significant influence over the decision making of the company Betty is an officer of the PCBU. She is also a worker;
- Although Grubs and Jane have managerial responsibilities they do not have final say on business decisions. Their input at this level is advisory only so the are NOT officers of the PCBU. They are however workers;
- Shaquenta, Mykl and D’nyell are all workers.
Example #2 – XYZ Players
XYZ Players are an amateur performance troupe in XYZville (North Canterbury). They have an organising committee Chrissie (chair), Jenny (treasurer), Stevo (secretary), Jimmy (membership), Teina (front-of-house) & Prue (technical). They put on three plays a year in the local hall. No one is paid and they don’t employ anyone for their shows. There is a team of regular member-volunteers Nan, Rich, Sione, Mai-Ling and Shane who, along with the committee members usher and do the technical work for the shows.
- Because XYZ Players work for a community purpose and everyone working for them is voluntary they are not a PCBU;
- XYZ Players don’t have health and safety duties under the Health and Safety at Work Act, however they are still responsible for safety from a moral and a criminal perspective.
Example #3 – XYZ Players gets bigger
XYZ Players (see above) were bequeathed an old hotel that they converted into a theatre space and bar. They now employ Hone as the bar manager.
- XYZ Players are now a PCBU (since they now engage a paid worker);
- Chrissie, Jenny, Stevo, Jimmy, Teina and Prue are all officers of the PCBU.
- As volunteer officers of the PCBU the committee are exempt from individual prosecution if they fail in their due diligence duties;
- Hone is a worker for XYZ Players;
- As volunteers working for a PCBU Nan, Rich, Sione, Mai-Ling and Shane are all classified as workers for XYZ Players.
Example #4 – HiViz Event Management Ltd
Cath is the director of HiViz Event Management Ltd. She is the sole owner and currently the only worker for the company. HiViz has a contract as a health and safety consultant with XYZ Players. Cath also casuals as a theatre tech for Davo’s Lumos (and invoices them for this work through HiViz). Tigger volunteers to provide moral support in the HiViz office.
- HiViz is a
- Cath is an officer of the PCBU.
- When meeting on site at the XYZ Players venue, Cath is covered under the Act as an “other person” in the XYZ Players’ workplace.
- When engaged by Davo’s Lumos Cath is a worker of Davo’s Lumos.
- As a cat, Tigger’s health and safety is covered under the Animal Welfare Act 1999.
So now you know you roles. Next month I will cover what your duties are.
Cathy Knowsley – HiViz Event Management www.hivizevents.co.nz (and ETNZ committee member)
