WorkSafe NZ: Health and Safety Obligations for New Companies in 2026

Every New NZ Company Is a PCBU from Day One

Under the Health and Safety at Work Act 2015 (HSWA), every NZ company is a Person Conducting a Business or Undertaking (PCBU) from the moment it is registered. This means WorkSafe NZ obligations apply immediately, even before the company has any employees or begins trading.

For health and safety consultants, this creates a valuable opportunity: new company directors are making foundational decisions in their first 30-60 days, and most have not yet established their H&S systems. FreshFirms sends H&S consultants a daily feed of newly-registered companies with contact details, so they can reach these directors at the right moment.

Key PCBU Obligations Under HSWA 2015

The HSWA replaced the old Health and Safety in Employment Act 1992 and significantly increased director liability. Key obligations for new companies:

• Primary Duty of Care: A PCBU must ensure the health and safety of workers and others affected by its work, so far as is reasonably practicable (s36).
• Officer Duties: Directors and senior managers must exercise due diligence to ensure the PCBU meets its obligations (s44). This includes actively verifying H&S systems.
• Notifiable Events: Deaths, serious injuries, and notifiable incidents must be immediately notified to WorkSafe (0800 030 040). The scene must be preserved.
• Health Monitoring: Where workers are exposed to health hazards (dust, noise, chemicals), the PCBU must provide appropriate health monitoring.
• Worker Engagement: PCBUs must have practices for workers to participate in H&S decisions (health and safety representatives, committees for larger workplaces).

What New Companies Often Miss

H&S consultants who work with new companies regularly encounter the same gaps:

1. No hazard register: Many new companies do not document their workplace hazards, exposures, or controls. A simple hazard register is the foundation of any H&S system.
2. No emergency procedures: First aid kit, emergency evacuation plan, and fire warden designations are often overlooked in the setup phase.
3. Contractor management: Construction, trades, and manufacturing companies routinely engage subcontractors without considering PCBU-to-PCBU obligations under s34.
4. Drug and alcohol policy: Safety-sensitive industries (construction, transport, trades) should have a policy from day one.
5. Induction records: WorkSafe expects PCBUs to be able to demonstrate that workers received site inductions. Written records are essential.

Industry-Specific Requirements

Some industries have additional WorkSafe requirements from day one:

• Construction: WorkSafe Construction Guidelines, Approved Code of Practice for Scaffolding, New Zealand Electrical Code of Practice, specific requirements for notifiable work (anything involving risk of falling 2m+).
• Food and Beverage: NZ Food Safety Act 2014 / NZ Food Regulations 2015 in addition to HSWA. Food control plan required for many food businesses.
• Healthcare: Health practitioners are regulated under the Health Practitioners Competence Assurance Act 2003; premises may require registration.
• Transport: WorkSafe and NZTA both have jurisdiction for transport operators. Health monitoring for fatigue is required.

Director Liability: What the HSWA Changed

The 2015 Act created significant personal liability for company directors. A director who fails to exercise due diligence can be personally fined up to NZ$600,000 -- separate from any fines against the company. Ignorance of the H&S obligations is not a defence.

WorkSafe NZ has prosecuted individual directors following workplace fatalities. The risk is real, and it starts on day one of registration.

The 30-Day H&S Setup Checklist

H&S consultants can use this checklist as an entry point for new company clients:

1. Identify all workplace hazards and complete a hazard register
2. Purchase appropriate first aid kit for the number of workers
3. Create emergency evacuation procedures and post them in the workplace
4. Assign first aid officer and emergency warden
5. Register with ACC (CoverPlus or CoverPlus Extra)
6. Complete WorkSafe H&S Induction for all new workers (document it)
7. Review contractor H&S management processes
8. Create a drug and alcohol policy if safety-sensitive roles exist
9. Subscribe to WorkSafe NZ updates for your industry

How FreshFirms Helps H&S Consultants Find New Company Clients

FreshFirms sends H&S consultants a daily feed of newly-registered NZ companies in their region with contact details (email, phone, director name) already researched. The 30-day window after registration is the single best time to reach a new company director -- they are making setup decisions and have not yet committed to any supplier relationships.

Learn how FreshFirms works for H&S consultants or start a free 7-day trial.