Definitions for Health and Safety - N to P

A notifiable event means:

• The death of a person; or
• A notifiable injury or illness of a person; or
• A notifiable incident; or
• Serious infections.

A PCBU must, immediately after becoming aware that a notifiable event arising out of the conduct of the business or undertaking has occurred, ensure that the regulator is notified of the event.

A notification may be given by telephone or in writing (including by fax, email, or other electronic means), and must be given by the fastest possible means in the circumstances

Any serious infection (including occupational zoonosis) to which the carrying out of work is a significant contributing factor, including any infection that is attributable to carrying out work with:

• With micro-organisms; or
• That involves providing treatment or care to a person; or
• That involves contact with human blood or bodily substances; or that involves handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products.

An incident in relation to a workplace that exposes a worker or any other person to a serious risk to that person's health or safety arising from an immediate or imminent exposure to:

• An uncontrolled escape, spillage, or leakage of a substance;
• An uncontrolled implosion, explosion, or fire;
• An uncontrolled escape of gas or steam;
• An uncontrolled escape of a pressurised substance;
• Electric shock;
• The fall or release from a height of any plant, substance, or thing;
• The collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations;
• The collapse or partial collapse of a structure;
• The collapse or failure of an excavation or any shoring supporting an excavation;
• The inrush of water, mud, or gas in workings in an underground excavation or tunnel;
• The interruption of the main system of ventilation in an underground excavation or tunnel; and
• Includes any other incident prescribed by the regulations. This does not include an incident of a prescribed kind.

A notifiable injury and illness means:

• An injury or illness requiring the person to have immediate treatment for any of the following:
  • The amputation of any part of his or her body; or
  • A serious head injury; or
  • A serious eye injury; or
  • A serious burn; or
  • The separation of his or her skin from an underlying tissue (such as degloving or scalping); or
  • A spinal injury; or
  • The loss of a bodily function; or
  • Serious lacerations; or
  • An injury or illness requiring the person to have medical treatment within 48 hours of exposure to a substance.
• includes any other injury or illness prescribed by the regulations
• Despite subsections (1) and (2), notifiable illness or injury does not include an illness or injury of a prescribed kind.

• A PCBU or a person (Officer) who can influence change in the business has a duty or an obligation under this Act,
• An officer of the PCBU must exercise due diligence to ensure that the PCBU complies with that duty or obligation.
• Due diligence includes taking reasonable steps:
  • To acquire and keep up-to-date knowledge of work health and safety matters;
  • To gain an understanding of the nature of the operations of the business or undertaking of the PCBU and generally of the hazards and risks associated with those operations
  • To ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking.
  • To ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and responding in a timely way to that information.
  • To ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under this Act.

A person at a workplace (whether or not the person has another duty under this) must:

• Take reasonable care for the person's own health and safety;
• Take reasonable care that the person's acts or omissions do not adversely affect the health and safety of other persons;
• Comply, as far as the person is reasonably able, with any reasonable instruction that is given by the PCBU.

A person conducting a business or undertaking:

• A business entity or person/s who can influence change in a business.
• A sole trader
• Business owners and partners
• Land owners/farmers
• Directors of the business
• Officers of the business.
• Trustees
• In effect, any person that has the ability to influence change within the business.

Whether the person conducts a business or undertaking alone or with others; and whether or not the business or undertaking is conducted for profit or gain; but does not include:

• A person who conducts a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, the business or undertaking.
• A volunteer association.
• An occupier of a home to the extent that the occupier engages or employs another person solely to do residential work in relation to the home.
• A person or class of persons, who is declared not to be a person who conducts a business or undertaking for the purposes of the Health and Safety at Work Act or any provision of the Act by the regulations.

PCBU officer

1. Means, if the PCBU is:
   • A company, any person occupying the position of a director of the company by whatever name called:
   • A partnership (other than a limited partnership),any partner:
   • A limited partnership, any general partner:
   • A body corporate or unincorporated body, other than a company, partnership, or limited partnership, any person occupying a position in the body that is comparable with that of a director of a company: 
2. 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).

Means a place (whether or not within or forming part of a building structure or vehicle) where any person is to work, is working, for the time being, or customarily works, for gain or reward, and, in relation to any employee, includes a place, or part of a place, under the control of the employer (not being domestic accommodation provided for the employee).

1. Where the employee comes or may come to eat, rest, or get first aid or pay; or
2. Where the employee comes or may come as part of the employee's duties to report in or out, get instructions, or deliver goods or vehicles; or
3. Through which the employee may or must pass to reach the place of work.

(To avoid doubt, a person is in a place of work whenever and wherever the person performs work, including in a place that:

1. The person moves through; or
2. It moves.

This includes any:

• Machinery;
• Vehicle;
• Equipment;
• Appliance;
• Container;
• Implement;
• Tool;
• And component of any of those things or anything fitted or connected to any of those things. (e.g. guarding)

Where a regulation defines that a prescribed person is to be used to undertake a function or activity, the prescribed person is to be used, e.g. certified or registered engineer, gas fitter, plumber, certified welder, electrician, surveyor, accountant, etc.

The employee is prohibited from instructing an employee to undertake any duties where it is regulated that a prescribed person is to undertake the function.

1. A person with management or control of a workplace at which a notifiable event has occurred must, so far as is reasonably practicable, ensure that the site where the incident occurred is not disturbed until:
   • An inspector arrives at the site; or
   • Any earlier time that an inspector directs.

Subsection (1) does not prevent any action:

• To assist an injured person; or
• To remove a deceased person; or
• That is essential to make the site safe or to minimise the risk of a further notifiable incident; or
• Done by, or under the direction of, a constable; or
• For which an inspector or the regulator has given permission.