NZ00Z3 186 Report post Posted December 15, 2021 (edited) Was reading the Health and Safety at work act, as you do on a rainy day, to see what a PCBU (person conducting a business or undertaking) was. The business part is easy, but what is an "Undertaking"? It could be anything? The only definition of undertaking that I could find was from Auckland Uni "Undertaking: An activity that is non-commercial in nature." https://www.auckland.ac.nz/en/health-safety-wellbeing/resources/definitions.html This means that any non-commercial activity is an undertaking. That includes things like, fixing my BMW, gardening, patting the cat and sex with my partner. The homeowner only has exemption if they employ someone else to do the residential work/undertaking. Otherwise it is covered by the Health and Safety at Work act. There is a whole lot of red tape to run business and comply, so does this mean a resident/home owner/flat-mate has to this too? I know I'm reading this stuff literally, but where is the cut off/limitation? What is your understanding? Edited December 15, 2021 by NZ00Z3 Quote Share this post Link to post Share on other sites
aja540i 1896 Report post Posted December 15, 2021 I believe the intention was to cover things like volunteer work, where people aren't getting paid but there is still a need for someone to be responsible for H & S. It could potentially be expanded to cover sex with your partner but I don't think that was the intention! Quote Share this post Link to post Share on other sites
NZ BMW 368 Report post Posted December 15, 2021 I just hope you and your partner are having a toolbox meeting before starting. Also, make sure you both know where the fire exits are. 1 Quote Share this post Link to post Share on other sites
NZ00Z3 186 Report post Posted December 15, 2021 I wonder if WorkSafe has a "Safe Sex" code of practice? Getting back to the main point. What is an "undertaking" for the average person doing stuff at home? Quote Share this post Link to post Share on other sites
jon dee 500 Report post Posted December 15, 2021 As an average person my understanding of an undertaking is in line with this definition... A task that is taken on; an enterprise. "a mammoth undertaking that involved digging into the side of a cliff face" So basically fixing a picture hook to the wall (a task that should not involve any significant risk to you or others) would not be an undertaking, but climbing onto the roof to clean the guttering (a task that involves substantial risk) would be an undertaking. Without more information, I cannot comment about the risk involved in patting your pussy Cheers... Quote Share this post Link to post Share on other sites
polley 916 Report post Posted December 15, 2021 2 hours ago, jon dee said: Without more information, I cannot comment about the risk involved in patting your pussy Cheers... Uncontrolled release of liquids would be a worksafe notifiable event. 1 2 Quote Share this post Link to post Share on other sites
aja540i 1896 Report post Posted December 15, 2021 2 hours ago, polley said: Uncontrolled release of liquids would be a worksafe notifiable event. As is entering a confined space.... 3 Quote Share this post Link to post Share on other sites
gjm 3191 Report post Posted December 15, 2021 6 hours ago, polley said: Uncontrolled release of liquids would be a worksafe notifiable event. Slippery when wet? Quote Share this post Link to post Share on other sites
E30 325i Rag-Top 2914 Report post Posted December 15, 2021 14 hours ago, NZ00Z3 said: I wonder if WorkSafe has a "Safe Sex" code of practice? There is a code of practice for Sex Workers, that might cover it? As mentioned above, an undertaking is intended to cover situations where there is no monetary payment involved, so there is no employer-employee relationship. So yes, it covers volunteers, etc. and not just in charity work but also the likes of volunteer Marshalls at a Motorsport event, or similar. It might even cover the case where you get a mate round to help you do something on your house… Quote Share this post Link to post Share on other sites
NZ00Z3 186 Report post Posted December 16, 2021 Thank you everyone for your comments, even the funny ones. After lots of time on the internet and reading countless web pages and dry documents, anything can be an undertaking and is cover by HSWA. WorkSafe seem to have a threshold/model to determine if something is an undertaking, but are not telling anyone what it really is. The best I can find is: The difference between a business and an undertaking is: · businesses are usually conducted with a view to making a profit and have a degree of organisation, system and continuity. · undertakings will have elements of organisation, systems, and possible continuity, but are usually not profit-making or commercial in nature. https://www.worksafe.govt.nz/managing-health-and-safety/getting-started/understanding-the-law/primary-duty-of-care/who-or-what-is-a-pcbu That page also says that home occupiers are not PCBU's. But I can't align that statement with the legislation? Quote Share this post Link to post Share on other sites
jon dee 500 Report post Posted December 16, 2021 A PCBU is defined by their position (and consequent responsibilities) within a business or undertaking. The above referenced link includes the following statement... So in general, if a home owner or occupant of a residence engages self-employed contractors to carry out work on the residence then the contractors will be PCBU's. But the owners or occupants will not be a PCBU as they are not conducting a business or undertaking. It will be the responsibility of each contractor to ensure that they have a safe working environment. However, in keeping with the spirit of the Act, the owners or occupants will still have a responsibility to point out any risks that they are aware of that may present a real or potential hazard to the contractors. Health and safety is a shared responsibility. Everyone, regardless of their status under the ACT, has a duty to recognise, minimise and if possible eliminate workplace hazards. Cheers... Quote Share this post Link to post Share on other sites
NZ00Z3 186 Report post Posted December 16, 2021 Yes Jon I agree with you for times where the home occupier employs or engages someone to do the work.. My issue is when I want to do the work. I have not found anything that says a home occupier is not a PCBU when he wants to do work in and around the home except house maintenance. Any other activity in and around the home seems to be an undertaking and you are a PCBU. Be is cooking, gardening, hobbies, fixing your car etc. 1 Quote Share this post Link to post Share on other sites
jon dee 500 Report post Posted December 16, 2021 The type of activities you are referring to cannot be classified as an undertaking when carried out by a home owner or occupant of a residence. In general an undertaking would be a more substantial activity as per the definition you quoted a few posts higher up. The intention of the Act is to provide a safe working environment for employees, and clearly you would not be an employee if you are carrying out normal household maintenance or repairs to your own property. Even if you were to employ someone (who was not a self-employed contractor) to do this work, you are still not classified as a PCBU as highlighted in my post above. Rest easy and get stuck into those holiday chores Cheers... 1 Quote Share this post Link to post Share on other sites
treone 608 Report post Posted December 16, 2021 Is the answer not in the title of the Act? 😎 Quote Share this post Link to post Share on other sites
C-130 Hercules 556 Report post Posted December 17, 2021 This should provide some clarity: https://www.worksafe.govt.nz/managing-health-and-safety/getting-started/understanding-the-law/primary-duty-of-care/who-or-what-is-a-pcbu/ Quote Share this post Link to post Share on other sites
