Negotiating site access might just have got a little easier thanks to recent clarification of the responsibilities PCBUs have for recreational users on their land. We're overjoyed to see the new guidance from worksafe that makes it clear:
- PCBUs* don’t have to manage the risks of the recreational activity. That’s the responsibility of the person doing the activity.
- PCBUs aren’t responsible for naturally occurring features that aren’t part of, or affected by, their work.
- If someone accesses land for recreation and hurts themselves as a result of the recreation activity, the PCBU who provided access isn’t responsible.
Full details are at https://worksafe.govt.nz/laws-and-regulations/operational-policy-framework/operational-policies/policy-clarification-recreational-access-and-the-health-and-safety-at-work-act-2015/ . There’s a link to a document called Frequently Asked Questions: Recreational access and the Health and Safety at Work Act 2015. It might be worth putting a copy with your map or downloading it to your phone, so that you can show a concerned landowner.
*PCBU = Person Conducting a Business or Undertaking. A PCBU is the person is responsible for safety at a workplace.
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