Health and Safety at Work Act 2015 Explained
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Last updated: October 2026
Understanding workplace health and safety responsibilities in New Zealand
The Health and Safety at Work Act 2015 (HSWA) is New Zealand's primary workplace health and safety legislation.
It establishes the responsibilities of businesses, workers and others involved in workplace activities, with the aim of preventing work-related injury and illness.
For NZ Test Group, HSWA provides the wider health and safety framework within which electrical equipment testing, medical equipment verification and fire equipment servicing contribute to managing workplace risks.
What Does the Health and Safety at Work Act Cover?
HSWA establishes duties for managing health and safety risks arising from work activities.
These duties include providing safe working environments, maintaining safe equipment, establishing appropriate work procedures and protecting people who may be affected by workplace activities.
The Act applies across a wide range of New Zealand businesses and industries.
Its requirements are supported by regulations, approved codes of practice and other relevant guidance.
What Is a PCBU?
A PCBU is a Person Conducting a Business or Undertaking.
In most circumstances, this includes companies, sole traders and other organisations conducting business activities.
Under Section 36 of HSWA, a PCBU has a primary duty to ensure, so far as is reasonably practicable, the health and safety of its workers and that other people are not put at risk by its work.
This includes providing and maintaining safe equipment, safe systems of work and a working environment without risks to health and safety, so far as is reasonably practicable.
Read Section 36 – Primary Duty of Care (NZ Legislation​)
What Does 'Reasonably Practicable' Mean?
HSWA recognises that different workplaces face different hazards and levels of risk.
The term reasonably practicable considers factors such as the likelihood of harm, the potential consequences, available safety measures and what a business reasonably knows about the risks.
The cost of a safety measure may also be considered, but only in the context established by the Act.
The objective is to eliminate risks so far as is reasonably practicable or, where elimination is not reasonably practicable, minimise them.
This means businesses should take a practical, risk-based approach rather than simply applying the same procedures to every workplace.
WorkSafe – Understanding Reasonably Practicable
Does HSWA Require Electrical Test & Tag?
Not automatically. HSWA establishes the broader duty to manage workplace risks, including risks associated with electrical equipment.
However, the Act does not impose a universal requirement for every electrical appliance in every workplace to receive periodic Test & Tag inspections.
The appropriate approach depends on the equipment, its operating environment, the risks involved and any other applicable legal requirements.
AS/NZS 3760:2022 provides a recognised framework for the in-service safety inspection and testing of electrical equipment and RCDs.
For some low-risk equipment and environments, documented visual inspections and appropriate equipment management may form part of a suitable risk-management approach.
Other environments, including construction sites, can have more specific requirements.
→ Read our AS/NZS 3760:2022 guide
What About Medical Equipment?
Medical equipment can present additional risks because it may be used directly on patients or during clinical procedures.
HSWA provides the overarching workplace safety duties, while more specific standards address medical equipment management and electrical installations in patient areas.
These include:
AS/NZS 3551 — Management of medical equipment.
AS/NZS 3003 — Electrical installations in patient areas.
The appropriate inspection, testing and maintenance arrangements depend on the equipment, its intended use and the clinical environment.
→ Read our AS/NZS 3551 guide
→ Read our AS/NZS 3003 guide
What About Fire Equipment?
Fire safety is another important consideration in workplace risk management.
Businesses need to consider the fire hazards associated with their activities and the measures required to protect workers and others.
Depending on the workplace and building, this may involve fire extinguishers, fire blankets, hose reels and other fire protection systems.
NZS 4503:2005 provides a framework for hand-operated fire-fighting equipment in New Zealand.
Specific fire safety obligations may also arise under building and fire safety legislation.
→ Read our NZS 4503:2005 guide
Does HSWA Require First Aid Equipment?
HSWA establishes general workplace health and safety duties, while the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 include more specific requirements relating to first aid.
Businesses must provide appropriate first aid equipment and access to first aid facilities and trained first aiders, taking into account their workplace circumstances and applicable requirements.
The appropriate arrangements depend on factors such as workplace hazards, the number of workers and the nature and location of the work.
There is no single first aid kit configuration suitable for every workplace.
Through Swap-A-Kit, NZ Test Group provides a practical approach to maintaining workplace first aid kits.
Who Is Responsible for Workplace Equipment Safety?
The business responsible for managing or controlling workplace equipment generally has duties relating to its safe use and condition.
However, responsibilities can be shared between multiple parties.
For example, a building owner, tenant, contractor and equipment supplier may each have relevant duties depending on their involvement.
HSWA recognises that more than one person or organisation can have duties relating to the same workplace activity.
These duties cannot simply be transferred to another party by contract.
Does Using a Testing Contractor Transfer Responsibility?
No. Engaging a specialist testing or inspection provider can help a business manage equipment-related risks and obtain appropriate technical information.
However, using a contractor does not automatically remove the business's own health and safety responsibilities.
The business must still consider inspection findings, address identified hazards and maintain appropriate arrangements for managing its equipment.
For NZ Test Group, our role is to provide inspections, testing, verification and reporting within the scope of the services engaged.
The information we provide helps businesses make informed decisions about equipment safety and compliance.
Why Are Inspection and Maintenance Records Important?
Good records help demonstrate how equipment-related risks are being managed.
They can provide information about inspection dates, test results, identified defects and corrective actions.
Records also help businesses monitor equipment condition and plan future inspections or maintenance.
HSWA does not impose one universal recordkeeping format for every type of workplace equipment.
However, appropriate documentation can be an important part of demonstrating that risks are being actively managed.
Is Compliance With a Standard the Same as Compliance With HSWA?
Not necessarily. Standards provide technical requirements or recognised methods for particular equipment, installations or activities.
HSWA establishes broader legal duties relating to workplace health and safety.
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Following an appropriate standard may help a business demonstrate that it has taken reasonable steps to manage a particular risk.
However, compliance with one standard does not automatically establish compliance with every applicable legal requirement.
Equally, not every standard is automatically a legal requirement simply because it exists.
Some standards become legally significant through references in legislation, regulations or other applicable requirements.
Where Does HSWA Fit With Other Legislation and Standards?
The main legislation and standards discussed within the NZ Test Group library include:
Health and Safety at Work Act 2015
The overarching workplace health and safety framework.
Electricity (Safety) Regulations 2010 -Specific regulatory requirements relating to electrical safety in New Zealand.
AS/NZS 3760:2022 - In-service safety inspection and testing of electrical equipment and RCDs.
AS/NZS 3551 - Management of medical equipment.
AS/NZS 3003 - Electrical installations in patient areas.
NZS 4503:2005 - Hand-operated fire-fighting equipment.
Together, these provide different parts of the legislative and technical framework relevant to workplace equipment safety.
What About the 2026 Changes to HSWA?
The Health and Safety at Work Amendment Act 2026 introduces changes to New Zealand's workplace health and safety framework.
These include changes affecting smaller businesses, the management of critical risks and the role of approved codes of practice.
The amendments are scheduled to take effect on 1 April 2027.
Until then, businesses should continue to follow the legislation currently in force.
WorkSafe New Zealand is providing information and guidance to help businesses understand the upcoming changes.
→ Read about the Health and Safety at Work Amendment Act 2026
What Does WorkSafe Say About Workplace Electrical Safety?
WorkSafe New Zealand provides practical guidance to help businesses understand their workplace health and safety responsibilities.
This includes guidance on electrical equipment, Test & Tag, RCD protection, construction sites and electrical safety risk management.
These resources help explain how workplace safety duties relate to everyday equipment and working environments.
For more information, see our guide:
→ WorkSafe NZ & Electrical Safety Explained
Where Can I Read the Official Legislation?
The complete Health and Safety at Work Act 2015 is available through the official New Zealand Legislation website.
Health and Safety at Work Act 2015 – Official Legislation
For practical guidance on workplace duties and risk management, visit:
WorkSafe New Zealand – Introduction to HSWA
These official resources should be consulted where specific legal obligations need to be confirmed.
Need Help Understanding Workplace Equipment Compliance?
NZ Test Group – Verification • Compliance • Solutions
NZ Test Group provides specialist equipment testing, inspection and verification through our divisions:
MegaTest — Appliance Electrical Testing
ClinicCheck — Medical Equipment Testing & Compliance
FireTest — Fire Equipment Testing & Compliance
Swap-A-Kit — Workplace First Aid Kit Solutions
Our services help businesses manage equipment-related risks, identify potential safety issues and maintain appropriate inspection records.
If you're unsure which standards or testing requirements apply to your workplace equipment, talk to our team.