What is a "place of work"?
The Health and Safety in Employment Act applies to people in places of work.
A place of work is defined very broadly as ‘any place (including part of a building, structure or vehicle) where any person is to work, is working for the time being, or customarily works for gain or reward’.
For an employee, it includes a place, or part of a place under the control of the employer, such as:
- A meal room, rest room or first aid room;
- A depot where an employee reports in or out, gets instructions, or delivers goods or vehicles; or
- A car park, building foyer, passage or stairway through which an employee passes through to reach a place of work.
A place of work may itself move (e.g. as a ship or vehicle), or an employee may move through a place of work (e.g. as a postal delivery person). Vehicles, ships and aircraft are included in the definition of 'place of work', and mobile workers are covered by the Act, regardless of whether they are working from or in a vehicle.
Domestic accommodation provided for employees is not considered a place of work.
Refer to further information on how the Courts have interpreted the definition of 'place of work'.
Date Modified: Thursday, 9 December 2010
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and should not be used as a substitute for legislation or legal advice.State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988).The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.
