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DOL Contracting Health & Safety
Health and Safety in contracting situations
When you contract out work, you still have a responsibility for the safety and health of your contractors, and their staff.
If you are in business and contract people or businesses to do work for you, then you will have duties as a principal under the Health and Safety in Employment Act 1992 (the Act). Putting work out to contract doesn’t remove your health and safety obligations. You cannot pass on a legal duty that falls on you as an employer, a person in control of a place of work, or a principal in terms of the Act.
The aim of the Act is the prevention of harm to people at work or people who could be affected as a result of work activities. To do this, the Act places a range of duties and responsibilities on people in the workplace to manage hazards and ensure work is done safely.
The duty for principals to a contract is to take “all practicable steps” to ensure contractors, subcontractors and their employees are not harmed while undertaking work under the contract.
The principal cannot contract out of their obligations by passing the duties on to contractors or subcontractors. Courts will not accept contractual clauses that attempt to do so.
The Department of Labour has produced new guidance for principals to contracts to meet their obligations under health and safety legislation. It is available at www.dol.govt.nz
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