Control of Places of Work

 

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Waihi Walkways may have to meet these obligations if it is viewed as the occupier of land that the walkway crosses.

Duties of persons who control places of work

This is a person who is -

(a) The owner, lessee, sublessee, occupier, or person in possession, of the place or any part of it; or

(b) The owner, lessee, sublessee, or bailee, of any plant in the place.

The HSE Act has a broad definition of the workplace. Essentially, it is anywhere that activities are performed, whether inside or outside. The Department of Conservation take the view that any land they administer is a place of work year round.

[Farmers are persons who control a place of work (their farms), and this is of relavence to us when our walkways are near to, or cross, farmed land. See: Walkways & Workplaces of Others]

(1) A person who controls a place of work (other than a home occupied by the person) must take all practicable steps to ensure that no hazard that is or arises in the place harms--

(a) People in the vicinity of the place (including people in the vicinity of the place solely for the purpose of recreation or leisure)

(b) People who are lawfully at work in the place--

(i) As employees of the person; or

(ii) As contractors engaged by the person; or

(iii) As subcontractors to a contractor engaged by the person; or

(iv) As employees of a contractor or subcontractor to whom subparagraph (ii) or subparagraph (iii) applies.

(2) A person who controls a place of work (other than a home occupied by the person) must take all practicable steps to ensure that no hazard that is or arises in the place harms people--

(a) Who are in the place with the express or implied consent of the person; and

(b) Who--

(i) Have paid the person (directly or indirectly) to be there or to undertake an activity there; or

(ii) Are there to undertake activities that include buying or inspecting goods from whose sale the person derives or would derive (directly or indirectly) any gain or reward.

(3) A person who--

(a) Controls a place of work (other than a home occupied by the person); and

(b) Knows of any significant hazard that--

(i) Is in, or is likely to arise in, the place of work; and

(ii) Arises from work that is being carried on, or has been carried on, for gain or reward in the place of work; and

(iii) Would not, in the ordinary course of events, be reasonably expected to be in, or to be likely to arise in, a place of work of that type; and

(c) Either--

(i) Expressly authorises any other person to be in the place of work; or

(ii) Has personally received oral advice that any other person will, under the authority of any enactment, be working in the place of work; and

(d) Is not obliged, in relation to that other person, to comply with subsection (1) or subsection (2)--

must take all practicable steps to warn that other person of the significant hazard.

(4) Except in the case of the practicable steps required by this section to be taken in relation to any person described in subsection (2) or subsection(3)(c)(i), this section does not impose on any person who controls a place of work any duty in respect of any person who is in the place of work solely for the purpose of recreation or leisure.

(5) The warning required to be given to a person to whom subsection (3)(c)(i)

applies--

(a) Must be given to that person at the time at which the express authority to be in the place of work is given to that person; but

(b) If the express authority is given in respect of a group of persons or a body of persons, whether corporate or unincorporate, it is sufficient if the warning is given at that time to a representative or member of that group or body of persons.

(6) The oral advice required by subsection (3)(c)(ii) must be given by the person who will be working in the place of work or by that person's employer.]

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Waihi District Walkways Inc. PO Box 241 Waihi New Zealand

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