Employers, employees and the self-employed have the duty under the HSE Act to take all practicable steps to ensure their work activities do not harm any person, including a member of the public. This provision covers people in shops, nightclubs, and many other businesses.

People in control of workplaces must take all practicable steps to ensure that no hazard harms people who have paid to be there (this provision would include night club patrons) or people who are buying or inspecting goods.

The "hazards" include common sense things such as slip, trip or fall hazards (e.g. slippery floors, lack of handrails on stairs, unbarricaded floor openings); electrical hazards (e.g. from faulty equipment or machinery); falling object hazards (e.g. from unsuitable shelving systems); moving object hazards (e.g. forklifts or hand-trucks) and so on. In the case of a nightclub, another hazard that might need to be considered is the effects of alcohol, and the likelihood of violence or erratic behaviour among patrons.

Injuries to shoppers and nightclub patrons (and other members of the public who have permission to be in the workplace) need to be recorded in the workplace accident register, and cases of serious harm notified to the Department of Labour.