The obligation
A PCBU must not charge workers for health and safety, and no agreement can exclude, limit, modify or transfer duties under the Act.
A PCBU must not impose a levy or charge on a worker, or permit one to be imposed, for anything done or provided in relation to health and safety. Requiring an employee to provide their own personal protective equipment as a pre-condition of employment or as a term of an employment agreement counts as levying or charging the employee. Contravening this is an offence with a fine not exceeding $5,000 for an individual and $25,000 for any other person.
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- What
- A PCBU must not charge workers for health and safety, and no agreement can exclude, limit, modify or transfer duties under the Act.
- Source
- legislation.govt.nz
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Frequently asked questions
Which WHS law does this come from?
No charging workers for health and safety, and no contracting out is a WHS requirement set out in Health and Safety at Work Act 2015 (NZ). The relevant provision is Health and Safety at Work Act 2015 > General Provisions.
What does this WHS obligation require?
No charging workers for health and safety, and no contracting out is a WHS obligation under Health and Safety at Work Act 2015 (NZ). In short, A PCBU must not charge workers for health and safety, and no agreement can exclude, limit, modify or transfer duties under the Act.
What changed recently?
No charging workers for health and safety, and no contracting out was last updated on 19 October 2026.