• Jono Johnson
    35
    Hi Team,

    Is there any sort of regulations/legislation or suchlike in regards to operating a hire business & the H&S aspects or requirements for the hireage of tools/equipment/machinery?

    Something like the "Hire Of Equipment Act" or something similar?

    Cheers all,

    Jono
  • Steve H
    43
    Hi Jono

    The hire of tools and equipment is covered by the Heath & Safety at Work Act 2015, see Clause 42 Duty of PCBU who supplies plant, substances, or structures The meaning of supply is covered in clause 21.
    For electrical items being hired out see Electrical(Safety) Regulation 15 Using works, installations, fittings, appliances, and associated equipment 1(a) and Regulation 26.

    I'm not aware of anything else, so will watch this space with interest

    regards
    SteveH
  • Hilary Kearns
    4
    Hi guys
    I read this with interest....

    Does anyone have a view on building leases? Does it come under the same category as equipment?

    As a building leasor (the person that owns the building) I imagine their responsibility is to ensure the building is fit for use, ie with cert of fitness etc, but that activities undertaken by the leasee are their responsibility?

    Do you think the leasor needs to conduct an assessment of the applicant leasee to ensure their H&S systems, similar to a contractor prequal?

    Thanks
    Hilary
  • MattD2
    154

    In general I would say yes;
    Landlord should provide a safe place to work,
    Leaseholder should undertake work safely.

    The caveat would be for multi tenanted buildings / lots where the activities of one leaseholder could affect those of another. Example being if one leaseholder has an ammonia chiller / cold room - the other leaseholders likely wouldn't consider an ammonia release as a emergency scenario to manage but could very likely be caught up in one. Having an effective process for all party involved in the building(s) to consult, co-operate with, and co-ordinate activities is critical. So this would be were a pre-lease assessment might be needed to ensure that none of the existing tenants will be a risk due to the new tenant.

    The legal duty would be under HSWA Section 37 Duty of PCBU who manages or controls workplace, with consideration of subsection (4) that the duty is limited to the extent that the PCBU is involves the management or control (in whole or in part) of the workplace, e.g. the landlord isn't responsible for the a leaseholders unguarded power tools.

    There was a case a few years back where a landlord was prosecuted because they failed to manage the risk of a dead tree at a daycare centre that was operating on their land (the daycare centre was also prosecuted - WorkSafe NZ Summary and Court Records
  • Steve H
    43
    Hi Hilary
    Some obligations for building owners and tenants are spelled out in these regulations.

    Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018

    So things like means of escape, evacuation plans, fire fighting equipment, the requirement that building owners and occupiers must take reasonable precautions with respect to fire prevention caused by wiring or appliances connected to that wiring. This could be annual Thermographic Inspection of switchboards, control cabinets (your insurance company might already require this) test & tag of appliances at suitable intervals according to their use and risk profile, the fitting of Arc Fault Detection Devices
  • Hilary Kearns
    4
    thanks Matt

    OK so what about if, in that multi-tenanted building you have some tenants who are large companies (ie have their own H&S processes) and small Mum & Dad companies (who don't)....
    Would you expect the Mum & Dad businesses to be guided by the landlords H&S system? (I'm thinking in the same way as a contractor can be asked to work under the principals OHSM if they don't have one)

    Also, most historical lease agreements are silent on H&S, or only have a minimal line to acknowledge the leasee must comply with statues etc. Is this still relevant, or do more modern lease agreements include more rigour around H&S obligations?
  • Steve H
    43
    Also, most historical lease agreements are silent on H&S, or only have a minimal line to acknowledge the leasee must comply with statues etc. Is this still relevant, or do more modern lease agreements include more rigour around H&S obligations?Hilary Kearns

    With WorkSafe lining up the owners of Whakaari/White Island, along with tour operators, GNS etc etc, this is a developing topic, for which Matt's citing of Heng Tong Investment Limited provides precedence/guidance, so the answer has to be landlords need to take more interest in their buildings and tenants.

    You have asbestos management plans for tenanted properties I guess?
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