Thread: Taupo range

Originally Posted by Tankd

Basically everything changed with the 2015 Worksafe Laws and it has taken time for all of the "Safety" legislation to come out , it has been slowly pushed for some time. A Club that operates , and sometimes doesn't,a range is Liable under the Worksafe laws for a multiple of possible sins . Being not paid is no defense as the club/range accepts money , even volunteers are liable , and previously you could get a charge of Manslaughter if things went particularly pear shaped .

The following is taken directly from the WorkSAFE website regarding Volunteer Organisations and the Health and Safety at Work Act (HSWA):
What is a volunteer association?

1. A volunteer association is a group of volunteers working together for a community purpose with no employees. A volunteer association is not a PCBU and has no duty, responsibility or liability under HSWA.
2. If the group of volunteers has employees (even only one part-time) it is classed as a PCBU and therefore has duties under HSWA.
3. If the group of volunteers engages individuals to work for them under a contract for service instead of having employees, then it is classed as a volunteer association and is not a PCBU. Note that the contactor may be a PCBU and will have duties under HSWA.

A volunteer organisation can charge a fee and still fall out of the HSWA requirements. The volunteer organisation becomes a PCBU under the Act where they employ someone.

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