• Bruce Tollan
    11
    I've been asked a question from my local blues society as to wether they could be a PCBU under the Act. The activities undertaken are Club nights and afternoons at the local pub, (they would be a PCBU)Taking part in other organisations events who are PCBU's.
    I can see that Volunteer organistions are excluded but what if a contractor was engaged by the society to do 'Work' for the society. What would cause the Society to be deemed a PCBU?
    I've seen the LawLink article. https://www.lawlink.co.nz/article/health-safety-obligations-clubs-societies-charitable-trusts/
  • Sarah Woods
    1
    In short if payment is taking place then it no longer becomes volunteering?
  • Bruce Tollan
    11
    Whats the opinion on this scenario?
    The club pay's a visiting band from the club account and charges a door entry.
  • Matthew Bennett
    4
    Hi Bruce,

    The status of clubs and volunteer organisations has been an arena of much contention and debate. While the primary focus of HSWA is to protect workers and address matters in the Workplace, in todays society clubs can easily cross into this space, even though that isn't / may not be their intent. this makes it challenging to legislate and specific answers are incredibly conditional. I suspect you are very aware of this.

    Based on what you've detialed I would say that the club in this scenerio is not a PCBU - they are 'contracting' the band, rather than employing them. It is likely that the venue and the band are and the duties will fall on them. The Club is in an influential position to facilitate these two to work out the detials though.

    My answer is also on the basis that the club doesn't employ an administrator or event coordinator or similar. Engaging an accountant to review / audit the books is fine.

    Hope that helps. Matt
  • Tony Walton
    37
    Guess its time to ask Worksafe for their opinion on your scenario Bruce.
  • Michael Parker
    0
    I have asked Worksafe and the answer came back pretty much as Matthew suggested. Who would want to be involved in say a sports club (as I am) if we were a PCBU? I wonder if gangs are classed as a PCBU?
  • Jarron Urlic
    0
    Hi,

    This scenario was raised to me by a 'not for profit yatch club', who has only 1 full-timer and some part-time hospo staff.

    "Where would a yatch club stand in the event of a paid member who is using the adjacent dry ground to the slipway to renovate his own boat, who uses his own tools, who erects his own scaffolding, BUT later falls between the scaffolding and his boat (square scaffold against curved boat) to suffer severe injuries?"

    Does in this instance the club get a freepass?

    In my opinion most likely yes. It would appear that as a paid member the boatie restoring his boat would probably be described as a 'volunteer worker' for a 'sporting recreational group' so would be exempt from HSAW, even with the club having employees. AND because the boatie was not working at the time, or doing anything of direct benefit, for the club, the boat and scaffolding are therefore not a workplace. -thoughts?

    Other considerations;

    Besides the ground and frame that the boat sat on, the club would not have provided or done anything to setup the boat and scaffolding, other than perhaps assist winching the boat up the slipway months before, as is often the case.

    In terms of notification of such an incident, would it fall under just HSAW (if applicable) or Maritime law or both due to it being in the slipway area but not on the slipway - thoughts?
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