Appendix 8 Dictionary
- 'employer' - (1) A person is an employer if–
- the person conducts a business or undertaking; and
- in the conduct of the business or undertaking, the person engages someone else to do the work, other than under a contract for services, for or at the direction of the person.
(2) For subsection (1)(b), a person engages someone else to do work whether the person engaged works for gain or reward or on a voluntary basis.
(3) For an apprentice or trainee who is employed by a group training organisation, the employer is –
- when the apprentice or trainee is engaged to do work for a host employer – the host employer; or
- otherwise – the group training organisation.
(4) In this section –
apprentice means an apprentice under the Vocational Education, Training and Employment Act 2000.
group training organisation means a group training organisation under the Vocational Education, Training and Employment Act 2000.
host employer means a person who contracts with a group training organisation for the training of apprentices and trainees.
trainee means a trainee under the Vocational Education, Training and Employment Act 2000.
- 'obligation holder' means a person who has a responsibility under the Workplace Health and Safety Act 1995 (PDF, 766 KB) to discharge an obligation in regards to workplace health and safety.
- 'ototoxin' means a chemical that may cause hearing loss, independent of noise exposure, or which may potentiate noise induced hearing loss by synergistic effects.
- 'plant' includes:
- machinery, equipment, appliance, pressure vessel, implement and tool; and
- personal protective equipment; and
- a component of plant and a fitting.
- 'principal contractor' – (1) The principal contractor for construction work is the person appointed by the owner of the workplace , where the construction work is to be performed, as the principal contractor for the construction work under section 184A30.
(2) If the owner does not appoint a principal contractor for the construction work, the owner is taken to be the principal contractor for the construction work.
- 'worker' - (1) A person is a worker if the person does work, other than under a contract for services, for or at the direction of an employer.
Example of subsection (1) –
A subcontractor works under a contract for services and is not a worker for this Act.
(2) A person may be a worker even though the person is not paid for work done by the person.
- 'workplace' – A workplace is any place where work is, or is to be performed by -
- a worker; or
- a person conducting a business or undertaking.
Examples –
- a vessel used for teaching members of the public to scuba dive
- a vehicle supplied by an employer for use by a worker in the performance of work.
30 Section 184A (Appointment of principal contractors)
Last updated 22 July 2008
