Health and Safety at Work Act 2015, ss 19, 36(1)
The main protections of the Health and Safety at Work Act cover the following people:
Paid workers – This includes employees; independent contractors and subcontractors; employees of labour hire companies working at the worksite of a third party like a construction company; homeworkers and outworkers; and apprentices and trainees.
On work experience / trials – You’re also covered if you’re working unpaid because you’re on work experience or a work trial.
Some regular volunteers – The Act covers a limited category of volunteers who do regular and ongoing work. You’re protected as one of these volunteers (called “volunteer workers” in the Act) only if:
the organisation you volunteer for employs one or more staff, and
the volunteer work you do is regular and ongoing and is an “integral part” of the organisation, and
you’re not involved in any of the following exempted activities: fundraising; helping with sport or recreation (like coaching your child’s team for their school or club); helping schools or other educational institutions with off-site trips and activities; or providing care in your own home.
Health and Safety at Work Act 2015, s 36(2)
Note: Volunteers who aren’t “volunteer workers” – either because they’re more casual volunteers or because they do one of the exempted activities – are owed a lesser health and safety duty by the organisation they’re working for. The organisation must make sure the health and safety of these volunteers isn’t put at risk by the organisation’s work. This is the same duty as applies to visitors, customers and others who don’t do any work for the organisation.