The PCBU - the risk owner.
A judge in an Employment court decision found a courier driver was legally an employee, even though he had a signed agreement stipulating he was an independent contractor. Under the HSW Act an independent contractor would be classified as a PCBU.
Health and Safety at Work Act 2015
17 Meaning of a PCBU - a person conducting a business or undertaking
(i) whether the person conducts a business or undertaking alone or with others; and
(ii) whether or not the business or undertaking is conducted for profit or gain; but
(b) does not include -
(i) a person to the extent that the person is employed or engaged solely as a worker in, or as an officer of, the business or undertaking:
(ii) a volunteer association:
(iii) an occupier of a home to the extent that the occupier employs or engages another person solely to do residential work:
(iv) a statutory officer to the extent that the officer is a worker in, or an officer of, the business or undertaking:
(v) a person, or class of persons, that is declared by regulations not to be a PCBU for the purposes of this Act of any provision of this Act.
Examples of a business:
- Retailer;
- Wholesale business;
- Manufacturing;
- Importer who is on-selling imported;
- Owner-driver of their own transport or courier business;
- Fast food franchisor and the operator of the fast food outlet (franchisee);
- A self-employed person operating their own business;
- A building contractor (including principal contractors and sub-contractors);
- Partners in a partnership;
- Parties in an unincorporated joint venture.
Examples of an undertaking:
- Government department or government agency;
- Local council;
- School or early childhood education service;
- Charities like SPCA or Barnados.
Under the Health and Safety at Work Act 2015, the following are not PCBUs:
- Volunteer associations (incorporated and unincorporated);
- home occupiers, and or
- workers.
Businesses must be clear of who the PCBU, the officer and the worker/s are in their organisations and what their roles are.
