Health and Safety at Work Act 2015 — WorkSafe NZ

Working at height rules in New Zealand

Working at height is one of the leading causes of serious injury and death in NZ workplaces. Here are the legal requirements under the HSWA and WorkSafe guidance.

📋 HSWA 2015, Section 36 + WorkSafe NZ: Working at Height guidelines

When does 'working at height' apply?

Any fall risk — not just above 3 metres

The HSWA requires PCBUs to manage all fall risks — there is no minimum height threshold for the general duty. Even work a metre above the ground requires fall risk management if a fall could cause injury.

However, Safe Work Method Statements (SWMS) are required for high-risk construction work involving work at height above 3 metres.

Hierarchy of controls for fall risks

1
Eliminate — redesign the work so it does not involve working at height. Can the work be done from ground level?
2
Passive fall prevention — barriers, edge protection, scaffolding with guardrails, elevated work platforms. These prevent falls from happening.
3
Work positioning systems — travel restraint systems that prevent a worker from reaching a fall hazard.
4
Fall arrest systems — harnesses and lanyards that arrest a fall after it begins. Last resort for fall prevention — used only where other controls are not practicable.
5
Administrative controls — permits, training, supervision, exclusion zones below the work area.

Safe Work Method Statements (SWMS)

Required for high-risk construction work at height above 3m

A SWMS must be prepared before starting high-risk construction work involving height over 3 metres. It must identify:

  • The specific high-risk work being undertaken
  • Hazards and risks associated with that work
  • How each risk will be controlled
  • How controls will be implemented

Workers must be briefed on the SWMS before starting work. The SWMS must be reviewed if conditions change.

Scaffolding requirements

Scaffolding over 5 metres requires a Licensed Building Practitioner (scaffolding category) to design and certify it. All scaffolding must have guardrails, mid-rails, and toeboards. Scaffolding must be inspected before use and after any event that may have affected its integrity.

Ladders

Ladders are a control of last resort for height work. They should only be used for short-duration work (under 30 minutes) where other equipment is not practicable. Ladders must be secured, on stable ground, at the correct angle (1:4), and extend at least 1 metre above the landing point.

Source: Health and Safety at Work Act 2015, Section 36; WorkSafe NZ Working at Height guidelines. For full guidance see worksafe.govt.nz. This is general information, not legal advice.

Frequently asked questions

Do I need a permit to work at height?
There is no universal permit-to-work requirement in NZ law, but many organisations require an internal work at height permit. Your own Health and Safety Management System and site rules will determine this. A SWMS is required for high-risk construction work above 3m.
Can workers refuse to work at height if they think it's unsafe?
Yes. Workers have the right to refuse work they reasonably believe would expose them to a serious risk to their health or safety. The PCBU must investigate the concern and resolve it before the worker is required to continue.
Who is responsible if a subcontractor falls at my site?
As the principal contractor, you have primary responsibility for health and safety on the construction site, including subcontractors. You must ensure subcontractors have appropriate fall protection and their SWMS is in place and followed.
What are the penalties for failing to manage fall risks?
Failure to manage fall risks that results in serious harm can result in prosecution under the HSWA. Category 1 offences (reckless conduct) carry fines of up to $3M for a company and 5 years imprisonment for an individual. Category 2 offences (failure of duty where risk of serious harm) carry fines of up to $1.5M for a company.

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