Health, safety & critical risks
Manage the risks that can seriously harm crew and others around the vessel. Start with the work actually being done, eliminate risks where reasonably practicable, and otherwise minimise them so far as is reasonably practicable.
The Health and Safety at Work Act 2015 (HSWA) applies to ships as set out in section 10 and establishes the primary duty of care and risk-management framework. Maritime New Zealand is the designated health and safety regulator for work on board ships and for ships as workplaces within its designation. Maritime operators still need to understand how HSWA duties interact with their Maritime Rules and safety system.
For commercial fishing, Maritime NZ says operators must give workers and others the highest level of protection that is reasonably practicable. The risks depend on the vessel, equipment, fishing method, operating environment and work. Maritime NZ specifically provides guidance on person overboard, machinery, watchkeeping, confined spaces and other maritime hazards.
Critical risks should be managed as operational risks, not just listed in a register. For example, Maritime NZ's person-overboard guidance emphasises vessel and task risk assessment, preventing falls and entanglement, appropriate barriers or restraint where practicable, personal safety equipment for relevant operations, crew training and regular drills.
What should an operator have in place?
Manager check
- Have we identified the critical risks for this vessel, fishing method and operating environment?
- Are controls based on elimination first where reasonably practicable, then minimisation where elimination is not reasonably practicable?
- Are person-overboard and entanglement risks controlled before relying on emergency recovery?
- Are machinery safeguards, procedures and crew capability appropriate to the equipment actually used?
- Are confined-space tasks identified and controlled before entry?
- Do crewing, watches and work planning manage fatigue and fitness for duty?
- Are workers engaged when identifying hazards, choosing controls and reviewing changes?
- Do incidents and near misses trigger review and corrective action rather than only an incident record?
Regulatory note: HSWA has amendments enacted in 2026 that are not yet incorporated into the current consolidated legislation shown by NZ Legislation. NZQC therefore describes the law currently in force and should be reviewed as those amendments commence.
NZQC provides practical educational information. It is not legal advice and does not certify that a provider is compliant. Check the official source and the requirements that apply to your service, contracts and scope.