Sharing the Load: How Consultants Walk Alongside Businesses in Health and Safety

A recent High Court decision in Safe Business Solutions Ltd v WorkSafe New Zealand has provided a timely reminder of the real-world responsibilities consultants hold — not just as advice-givers, but as active participants in the safety and success of the businesses they support.

This case does not diminish the important work of consultants. Instead, it recognises the weight of their role. It reinforces what many employers already know: a good consultant is not a distant advisor. They are a trusted partner — one who shares in the challenges and obligations of creating safe, healthy, and productive workplaces.

The Case in Brief

Safe Business Solutions Ltd (SBS) was engaged to support health and safety efforts for two haulage companies operating on a shared site. One of SBS’s tasks was to develop a traffic management plan. Before this plan was finalised and implemented, a serious incident occurred — a worker was struck by a vehicle and seriously injured.

WorkSafe charged both the haulage company and SBS for failing to meet their duties under the Health and Safety at Work Act 2015 (HSWA). The High Court confirmed that SBS — as a consultant and a “person conducting a business or undertaking” (PCBU) — shared legal responsibility where their work could affect the health and safety of workers.

The Court’s reasoning was clear: where a consultancy’s services are central to risk management (such as traffic control on a busy worksite), that consultant has a duty to take reasonable steps to prevent harm.

What This Means for Employers and Consultants

This judgment is not a rebuke of consultants. It’s an acknowledgement of their importance. It sends a strong message that a competent, engaged consultant is not simply ticking a box or producing paperwork. Their advice has real impact. Their input — or their delay — can affect lives.

For employers, this reinforces the value of choosing consultants who are committed, responsive, and hands-on. Consultants who stay involved from planning to execution. Consultants who understand that safety is not a product, but a process — a living, breathing part of the workplace.

It’s About Partnership

What this case reminds us is that safety is a shared journey. Consultants don’t simply point out the path. They help businesses walk it.

A great consultant will:

• Collaborate closely with your team to understand operations and tailor solutions;

• Flag risks early and follow up on corrective actions;

• Take ownership of their role in shared plans and systems;

• Ensure that agreed deliverables — like management plans — are implemented on time and in full;

• Support you through the implementation, training, and review process.

When both parties are aligned and committed, the results are powerful. The consultant provides technical expertise, sector insight, and an outside perspective. The business brings operational knowledge and a direct connection to the workforce. Together, they make safety real.

Shared Successes, Shared Challenges

In tough times, when incidents happen or compliance is tested, a good consultant stands beside the business. They help investigate, review systems, and support recovery. In the good times — when audit results improve, when injury rates fall, when culture shifts — they celebrate those wins with you.

That is what this judgment ultimately points to: shared responsibility, shared care, and shared outcomes.

A Time for Reflection

This decision is a reminder to both consultants and businesses to revisit their agreements and ways of working. Are roles and responsibilities clear? Are systems reviewed regularly? Is there good communication about timelines, expectations, and follow-through?

For consultants, it is a prompt to remain active in projects where safety relies on their input. For employers, it is encouragement to bring consultants in early, involve them deeply, and expect high standards.

FINAL WORDS

The Safe Business Solutions case is not about blame — it is about belonging. Consultants are not on the fringe of your health and safety system. They are a vital part of it. When the relationship is strong and the responsibilities are shared, everyone benefits: the team, the business, and most importantly, the people who go to work each day expecting to return home safely.

Choosing the right consultant is not just a procurement decision. It’s a partnership for the wellbeing of your workforce and the future of your organisation.