Thread: Wairoa gun club update

Sorry @Tankd we'll have to agree to disagree on a couple of things here.

Again Section 17(1) and 17(2) of the Act is clear that volunteer organisations are not a PCBU. This is also clearly represented on the WorkSAFE website.
The further explanation provided by the WorkSAFE website clearly states volunteers can have their expenses paid by a volunteer organisation.

I absolutely agree with you that farms are considered a workplace under the HSWA and hence there are definitely responsibilities held by the farmer.
I also agree with you that "volunteer workers" can be prosecuted by WorkSAFE for failing in their duties but this is only the case where that "volunteer worker" works for a PCBU - which volunteer organisations are not.

In my specific case, GPRE is treated as a PCBU and we have clear processes in place laying out clear responsibilities for landowners, match directors, officers on duty, range officers, competitors, and spectators. But almost all the clubs are volunteer associations and therefore do not fall under HSWA.

Originally Posted by Gillie

Sorry @Tankd we'll have to agree to disagree on a couple of things here.

Again Section 17(1) and 17(2) of the Act is clear that volunteer organisations are not a PCBU. This is also clearly represented on the WorkSAFE website.
The further explanation provided by the WorkSAFE website clearly states volunteers can have their expenses paid by a volunteer organisation.

I absolutely agree with you that farms are considered a workplace under the HSWA and hence there are definitely responsibilities held by the farmer.
I also agree with you that "volunteer workers" can be prosecuted by WorkSAFE for failing in their duties but this is only the case where that "volunteer worker" works for a PCBU - which volunteer organisations are not.

In my specific case, GPRE is treated as a PCBU and we have clear processes in place laying out clear responsibilities for landowners, match directors, officers on duty, range officers, competitors, and spectators. But almost all the clubs are volunteer associations and therefore do not fall under HSWA.

You admit you are a PCBU ,therefore how can you claim a "Volunteer Organization" status somehow exonerates "Volunteers" when Worksafe says clearly that they can prosecute them .
Worker


A worker is an individual who carries out work in any capacity for a PCBU. A worker may be an employee, a contractor or sub-contractor, an employee of a contractor or sub-contractor, an employee of a labour hire company, an outworker (including a homeworker), an apprentice or a trainee, a person gaining work experience or on a work trial, or a volunteer worker. Workers can be at any level (eg managers are workers too).