Forklift safety in New Zealand is governed by a framework that has changed significantly over the past decade. If your business is still operating under assumptions formed during the era of the old Occupational Safety and Health Service, the Department of Labour, or the Health and Safety in Employment Act 1992, the legal landscape you are working within has moved on considerably.
At Centra Forklifts, we have been involved in forklift hire and sales across New Zealand since the 1970s. We work with businesses across every major industry sector, and the question of employer responsibilities around forklift safety comes up regularly. This article sets out the current position clearly, with references to the authoritative sources every employer operating forklifts should know.
The Law That Governs Forklift Safety in New Zealand Today
The primary legislation governing workplace health and safety in New Zealand is the Health and Safety at Work Act 2015 (HSWA). It came into force in April 2016, replacing the Health and Safety in Employment Act 1992 entirely.
The HSWA was the result of New Zealand’s most significant workplace health and safety reforms in a generation. The reforms followed the 2013 Independent Taskforce on Workplace Health and Safety, which found that New Zealand’s work health and safety system was failing. The formation of WorkSafe New Zealand as the dedicated regulatory body was a direct outcome of those reforms.
WorkSafe replaced the Occupational Safety and Health Service. The Department of Labour was disestablished and absorbed into the Ministry of Business, Innovation and Employment. All forklift operator certificates, training references, and compliance documentation should now reference WorkSafe, not OSH or the Department of Labour.
Who Is Responsible: Understanding the PCBU Framework
The HSWA introduced a new framework for understanding who holds responsibility for workplace safety. The central concept is the PCBU, which stands for Person Conducting a Business or Undertaking.
What PCBU Means for Your Business
A PCBU is the primary duty holder under HSWA. In most cases the PCBU will be a company or other business entity. If your organisation operates, owns, or manages forklifts as part of its work, it is almost certainly a PCBU under the Act.
There are four types of duty holders under HSWA: PCBUs, officers, workers, and other persons at workplaces. Officers, which include company directors and chief executives, have a specific duty to exercise due diligence to ensure the PCBU meets its health and safety obligations. This means senior leadership cannot simply delegate compliance downward and consider their obligation satisfied.
The Primary Duty of Care
A PCBU must ensure, so far as is reasonably practicable, the health and safety of workers and that other people are not put at risk by its work. This is known as the primary duty of care.
In practical terms for forklift operations, this means the PCBU must ensure that forklifts are safe to use, that operators are trained and certified, that hazards are identified and managed, and that workers are consulted on health and safety matters. These are not optional standards. They are legal obligations.
For a detailed plain-English explanation of the PCBU framework, WorkSafe provides a comprehensive introduction to the Health and Safety at Work Act 2015 that every business operator should read.
What the Law Requires You to Do With Forklifts Specifically
WorkSafe maintains dedicated guidance on forklift operations, available at worksafe.govt.nz/forklifts. The core obligations for employers operating forklifts fall into three areas.
Operator Certification and Training
All forklift operators in New Zealand are required to hold a current Forklift Operator’s Certificate. This requirement is grounded in the HSWA and the WorkSafe Approved Code of Practice for Training Operators and Instructors of Powered Industrial Lift Trucks, available from the WorkSafe forklift training page.
Operators must complete refresher training at least every three years to maintain their certificate. For a full breakdown of licensing requirements in New Zealand, our article on whether you need a licence to operate a forklift in New Zealand covers the specifics in detail. It is the responsibility of the PCBU, not the operator, to ensure certification is current. Allowing an uncertified operator to use a forklift is a breach of the HSWA.
For forklifts operating on public roads, an F endorsement on the operator’s New Zealand driver’s licence is also required. A Class 1 licence with an F endorsement covers forklifts up to 18,000kg when loaded. A Class 2 licence covers forklifts over 18,000kg when loaded.
Site-Specific Training Is Not Optional
Under the WorkSafe framework, two levels of training are required. The first is the Operator Certificate, which demonstrates general competency. The second is site-specific training, which ensures the operator understands the particular hazards, layouts, and procedures of the specific workplace in which they are operating.
Site-specific training is not a substitute for the Operator Certificate, and the Operator Certificate is not a substitute for site-specific training. Both are required. The PCBU holds responsibility for ensuring both have been completed before an operator uses a forklift on site.
Equipment Maintenance as a Legal Obligation
PCBUs are legally obligated to ensure that all plant and equipment, including forklifts, is properly maintained and safe to use. This obligation extends beyond simply fixing faults when they arise. The HSWA requires a proactive approach to identifying and managing hazards before they cause harm.
Our service and parts team sees the consequences of deferred maintenance regularly. A forklift that has not been properly serviced is not just a mechanical risk. It is a compliance risk with direct legal implications for the business operating it.
What Happens When Employers Get It Wrong
The penalties under the HSWA are substantially higher than those that existed under the previous legislation. Breaches carry fines up to $3 million for organisations and up to $600,000 or five years imprisonment for individuals, depending on the severity of the offence and the level of culpability.
These are not theoretical figures. In September 2022, a serious forklift brake failure incident resulted in a worker suffering significant injuries including a punctured lung and broken back when the forklift rolled down a slope after the handbrake failed to hold. The company received a fine of $240,000. WorkSafe’s findings confirmed that proper attention to vehicle maintenance could have prevented the incident entirely.
The full schedule of offences and penalties under HSWA is published by WorkSafe and is worth reading carefully by any business that operates forklifts. The distinction between reckless conduct, failure to comply with a duty, and less serious offences carries significantly different penalty levels, and the courts have established sentencing bands that courts consistently apply.
One important distinction for PCBUs: businesses can be insured for reparation payments to injured parties but cannot be insured for fines. This makes compliance a direct financial concern, not just a moral or legal one.
How a Planned Maintenance Programme Protects Your Business
The most effective way to meet your maintenance obligations under HSWA is through a structured, documented preventative maintenance programme. A qualified service agent conducting regular inspections fulfils the PCBU’s obligation to proactively identify hazards. Critically, when a service agent identifies a fault or compliance issue and the PCBU is informed, the responsibility for acting on that information transfers to the PCBU.
This is not a theoretical legal point. It is the mechanism by which your service history becomes your compliance record. A documented programme of regular servicing, with identified issues clearly communicated and resolved, demonstrates that you have taken your primary duty of care seriously.
Our Centra Preventative Maintenance Programme (CPMP) is designed specifically to help businesses meet these obligations. It covers scheduled inspections, fault identification, genuine parts replacement, and documentation that supports compliance under HSWA. It is available across all Centra branches nationwide.
For businesses managing multiple machines across multiple sites, our fleet management service provides a coordinated approach to maintenance scheduling, compliance documentation, and fleet performance that reduces the administrative burden of managing HSWA obligations across a larger operation.
Where to Get Authoritative Guidance
The most reliable source for current forklift safety obligations is WorkSafe New Zealand directly. The following resources are maintained and updated by WorkSafe and should be your primary reference:
WorkSafe Forklifts overview: covers carbon monoxide risks, training requirements, and general guidance for forklift operations.
WorkSafe Forklift Training guidance: includes the Approved Code of Practice for Training Operators and Instructors of Powered Industrial Lift Trucks.
Introduction to the HSWA: a plain-English guide to the primary duty of care, PCBU obligations, and the four types of duty holders.
Offences and penalties under HSWA: the full schedule of offences and maximum penalties applicable to PCBUs, officers, and workers.
If you are uncertain about your obligations in a specific situation, WorkSafe can be contacted directly on 0800 030 040.
Talk to Centra About Your Forklift Fleet
Meeting your obligations under the Health and Safety at Work Act starts with having the right equipment properly maintained. We work with businesses across Auckland, Hamilton, Tauranga, Palmerston North, and Christchurch to keep fleets running safely and compliantly.
Whether you are looking at forklift hire and rental options, need a scheduled service, or want to discuss a preventative maintenance programme for your fleet, our team can help you understand what your operation requires.