As a result of recently producing some farm maps to assist with future compliance with Health & Safety legislation, we thought an article on this subject would be timely.
What’s a PCBU?
No, it’s not a disease but it is something that will have an impact on your business or farming operations if you do not understand its effect.
So what’s this PCBU thing? (A person conducting a business or undertaking)
It’s the new definition from the pending Worksafe NZ Health and Safety Act that will be in place on the 1st of April 2015.
My recommendation is, if you are a business, or a farm owner, take time and make a point of learning what this means and the potential impact it could have on your business systems and contractor management etc.
The PCBU (The meaning)
Whether the person conducts a farming business or undertaking alone or with others; and whether or not the business or undertaking is conducted for profit or gain, if they are;
- A company; or any person occupying the position of a director of the company:
- A partnership (other than a limited partnership); any partner:
- A limited partnership; any general partner:
- A body corporate or unincorporated body; any person occupying a position in the body that is comparable with that of a director of a company:
It is then their responsibility when it comes to employees and others.
It also includes any other person, who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the PCBU (for example, the chief executive or a chief financial officer.
What it does mean is that the buck stops at the top with you, the PCBU for the safety of workers regardless of whether they are directly employed by you or not.
A WORKER means
This in itself is another shift in meaning as the definition of a worker will extend to a far wider group. For example,
- A person who carries out work in any capacity for a PCBU, including work as an employee.
- A contractor or subcontractor or an employee of a contractor or subcontractor e.g. Vets, Surveyors, fertiliser spreaders, shearers, fencers etc
- Employees of a labour hire company, who has been assigned to work in the person’s business or undertaking.
- A homeworker. No not the wife, but your contracted cleaner maid or in-house nanny.
- An apprentice or trainee; a person gaining work experience (for example, undertaking a work trial.
- A volunteer.
- A person of a prescribed class,. e.g. Qualified electrician, certified welder, veterinarian.
A PCBU is also a worker if the person is an individual who carries out work in that business or undertaking.
What will be required to manage this effectively is a totally new mind set for how you manage the safety of your employers and others who work on your property.
This change will be challenging for many business and farm owners but making this happen will be about having business policies and worker engagement processes or procedures in place.
For more information contact:
Gordon Anderson
06 84 22 499
0800 Hasmate
gordon@hasmate.co.nz