The obligation
PCBUs must ensure, so far as is reasonably practicable, the health and safety of workers and others affected by their work.
Section 36 of the HSWA 2015 imposes a primary duty of care on every PCBU to ensure the health and safety of workers it engages and other persons at risk. The 'so far as is reasonably practicable' (SFARP) test requires weighing the likelihood and severity of harm against the cost and availability of control measures. Failure to meet this duty can attract Category 1, 2, or 3 criminal liability.
- What
- PCBUs must ensure, so far as is reasonably practicable, the health and safety of workers and others affected by their work.
- Source
- legislation.govt.nz
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PCBU
duty of care
SFARP
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Frequently asked questions
Which WHS law does this come from?
Primary Duty of Care – PCBU obligations under HSWA 2015 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 > Primary Duty of Care § 36.
What does this WHS obligation require?
Primary Duty of Care – PCBU obligations under HSWA 2015 is a WHS obligation under Health and Safety at Work Act 2015 (NZ). In short, PCBUs must ensure, so far as is reasonably practicable, the health and safety of workers and others affected by their work.
What changed recently?
Primary Duty of Care – PCBU obligations under HSWA 2015 was last updated on 26 August 2026.
