HSWA 2015 — WorkSafe NZ fatigue guidelines
Fatigue management — NZ health and safety obligations
Fatigue is a serious workplace hazard. 17–18 hours without sleep produces impairment equivalent to 0.05% BAC. Here are your HSWA obligations.
📋 HSWA 2015, Section 36 — WorkSafe NZ fatigue guidelines
Legal obligation
Under Section 36 HSWA, fatigue is a risk you must manage. PCBUs with workers doing extended hours, night work, or irregular shifts must have a fatigue management plan.
Key risk factors
- Shifts longer than 10–12 hours
- Night shifts — especially 2am–6am window
- Less than 10–11 hours between shifts
- More than 5–6 consecutive shifts
- On-call work interrupting sleep
- Long commutes adding to effective hours
Controls — hierarchy
1
Eliminate: redesign work to avoid extended hours or night work.
2
Reduce: limit consecutive night shifts; minimum 11-hour rest between shifts.
3
Scheduling: forward-rotating rosters; avoid early starts after late finishes.
4
Administrative: fatigue policy, self-reporting, fit-for-duty checks, overtime limits.
5
Support: sleep hygiene education, counselling access, transport home after nights.
Rest break entitlements — Employment Relations Act
- 2–4 hours: one 10-min paid break
- 4–6 hours: one 10-min paid break + 30-min unpaid meal break
- 6–8 hours: two 10-min paid breaks + 30-min unpaid meal break
- 8+ hours: add one 10-min paid break per extra 4 hours
Breaks are a legal minimum — they cannot be denied.
Healthcare — specific risk
Clinical staff making decisions while fatigued create direct patient harm risk. HealthCERT auditors check for evidence of fatigue management. Limit consecutive shifts for clinical staff and have processes for reporting fatigue without consequence.
Source: HSWA 2015; Employment Relations Act 2000; WorkSafe fatigue guidelines.
worksafe.govt.nz. General information only.
Frequently asked questions
Can workers volunteer for long hours?
Worker consent does not remove the PCBU's obligation. Even if they want to, you must manage the risk.
What if a worker comes in fatigued?
Have a process — self-reporting without consequence. Decide if they are fit for duty, especially for safety-critical roles.
Is there a maximum weekly hours limit?
No statutory maximum for most workers. But HSWA requires fatigue management, and some industries (heavy transport) have specific rules.
Do rest break rules apply part-time?
Yes — entitlements are based on hours worked in that shift, not employment status.