Business Legal Obligations

Legal & risk management considerations (NZ)

  • Under the Health and Safety at Work Act 2015, employers must manage psychological as well as physical risks in the workplace.

  • National guidance emphasises that stress, burnout, and mental distress are workplace risks that must be actively managed.

What this means for organisations:
Providing access to counselling and wellbeing support helps you:

  • Meet legal obligations

  • Reduce risk of claims and incidents

  • Demonstrate due diligence and duty of care

Here are key parts of the Act:

Section 36 - Duty of Care: A person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers while they are at work. This encompasses all aspects of health, including mental health.

Section 37 - Workers’ Rights: Workers have the right to work in environments where their health is protected, which includes psychological health. Employers must take all reasonably practicable steps to minimise risks to mental health.

Section 45 - Managing Risks to Health and Safety: PCBUs must identify and manage risks to health and safety, which includes assessing and addressing risks to mental health, such as workplace stressors.

Guidance and Codes of Practice: The Act encourages the development of codes of practice and guidelines that address various aspects of health and safety, including mental health in the workplace.

WorkSafe New Zealand Guidelines: While not part of the Act itself, WorkSafe New Zealand provides guidance on best practices for managing workplace health, which includes mental health considerations.