Sole Trader Health & Safety in New Zealand: What You Actually Need

Most sole traders know they need "something" for health and safety but are not sure what. A principal or client asks for your health and safety documentation before you can start work, and you realise you do not have any. Or you have a one-page policy you found online and you are not confident it would hold up if anyone checked it.

This guide covers what the law actually requires from sole traders, what documentation you need, and where the common confusion sits.

What the Law Requires From Sole Traders

Under section 36 of HSWA, every PCBU must ensure the health and safety of workers and others so far as is reasonably practicable. As a sole trader, the PCBU is you. If you engage anyone else to do work for you, even casually, they are your worker under the Act and the duty extends to them.

The law does not say "sole traders are exempt because they are small." It says the duty scales with what is reasonably practicable for your situation. A plumber working alone from a van has different risks to a construction company with 50 staff, and what is reasonably practicable looks different, but the obligation to identify hazards, manage risks, and maintain a safe working environment applies to both.

The practical requirements come from the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016:

• Identify hazards in your work (regulation 5)
• Assess the risks those hazards create (regulation 6)
• Control the risks using the hierarchy of controls (regulation 7)
• Review your controls to make sure they are still working (regulation 8)

What Documentation You Actually Need

HSWA does not list specific documents by name that every sole trader must have. But in practice, you need enough documentation to demonstrate that you are actively managing health and safety. If a client, principal, or WorkSafe asks, "show me your health and safety," you need something to show them.

For most sole traders, the minimum is:

If you work on other people's sites (construction, trades, maintenance), you will almost certainly also need an SSSP for each site. And if you are going through prequalification such as SiteWise or Tōtika, the assessor will expect all of the above plus evidence that your system is structured and maintained.

Common Mistakes Sole Traders Make

• Downloading a free template and calling it done. A generic policy with your name dropped in does not demonstrate that you have identified the hazards specific to your work. Clients and assessors can tell the difference.
• Assuming you do not need anything because you work alone. The duty under HSWA applies to you whether you have workers or not. You are still responsible for anyone affected by your work, including clients, visitors, and the public.
• Having documentation but never updating it. A hazard register from three years ago that lists risks for work you no longer do is not managing anything. It needs to reflect your current work.
• Not having documentation when a client asks. Increasingly, principals and main contractors will not let you on site without health and safety documentation. Being unable to produce it loses you work.

Sole Trader vs. Company: Is There a Difference?

The legal duty is the same. The difference is scale. A sole trader plumber and a plumbing company with 20 staff are both PCBUs with a primary duty of care under section 36. But what is "reasonably practicable" for each is different.

A sole trader does not need a 200-page management system. You need documentation that is proportionate to your risks: a policy, a hazard register, an emergency plan, and incident reporting. If your work is straightforward and your risks are well understood, that might be 15 to 20 pages total.

If your business grows and you take on workers, subcontractors, or more complex work, you will need a more comprehensive system. That is when a full OHSMS becomes the right tool.

Frequently Asked Questions