Burnout and safety risks: managing excessive work hours in New Zealand workplaces

Workplace burnout isn’t just a personal issue – it’s a serious health and safety risk. And under New Zealand law, employers are required to manage it as such. The combination of excessive work hours, mental fatigue, and pressure to perform creates an environment ripe for mistakes, near misses, absenteeism, and long-term psychological harm. In this article, we explore what employers need to know, their legal obligations, the skills managers need to have to prevent fatigue, and four practical strategies to minimise workplace risks.

Legal framework: what employers must know

Under the Health and Safety at Work Act 2015 (HSWA), all Persons Conducting a Business or Undertaking (PCBUs) must ensure, so far as is reasonably practicable, the health and safety of their workers. This includes managing risks from excessive work hours and work-related stress, both of which fall under psychosocial hazards.

HSWA defines health to include both physical and mental health. If excessive work hours are causing fatigue, burnout, or emotional distress, the business is legally obliged to identify the hazard, assess the risk, and implement controls.

The Employment Relations Act 2000 requires:

• reasonable work hours;
• the ability to take breaks (rest, meal, and sleep); and
• protections against unjustifiable disadvantage (which overwork can contribute to).

Overtime may be lawful, but if it becomes excessive and routine, it can breach both employment and health and safety law.

Why is overwork a safety risk?

Workers regularly exceeding 50+ hours per week are at significantly higher risk of incident involvement, absenteeism, and mental health problems. Why? Because burnout is a cumulative condition, driven by sustained overwork and stress. The impacts of burnout are well-documented and significant. The table below explains the impact overworking has on employees and the risks that can occur due to burnout.

Employers’ responsibilities: proactive fatigue and workload management

Employers can’t “delegate away” the risk of burnout to employees. The duty to manage excessive hours and fatigue rests with the PCBU, not the worker.

To avoid fatigue, employers must:

• Monitor workloads and hours, especially during peak periods.
• Identify high-risk roles (e.g. shift workers, remote workers, roles with on-call expectations).
• Provide adequate breaks and recovery time.
• Consult workers about workloads and fatigue risks.
• Intervene early when signs of stress or overwork arise.

Failing to address burnout may result in enforcement action from WorkSafe, personal grievance claims under the Employment Relations Act, or even civil liability under the Accident Compensation Act if a worker suffers harm due to fatigue.

The role of soft skills and manager training

The most effective control measure for burnout often isn’t just a policy, it’s people leadership. A manager trained in both legal obligations and emotional intelligence is one of the most powerful tools in reducing burnout-related harm.

It’s important for people managers to empathise with their employees. Below, we list some soft skills managers need and why it’s important:

• Empathy allows a manager to recognise when someone is emotionally or physically fatigued.
• Active listening helps uncover unspoken workload pressures or conflict.
• Boundary setting will help to support work-life balance.
• Delegation & planning skills prevents overloading high performers or understaffed teams.
• Coaching communication encourages open discussions about capacity and wellbeing.

Managers should be trained to:

• identify early signs of burnout;
• manage workloads strategically (not just reactively);
• conduct safe return-to-work processes after mental health leave;
• use tools like Mental Health First Aid and
• promote realistic performance expectations.

Four practical strategies for managing excessive work hours

1. Workload and hours management

Effectively managing excessive work hours begins with setting clear maximum hour caps, particularly in safety-critical roles, to prioritise safety and wellbeing. Incorporating time-tracking tools ensures transparency by monitoring actual hours worked, while rotating high-stress assignments helps prevent burnout from prolonged exposure. Additionally, auditing teams for “silent overtime” can uncover unrecorded, unpaid after-hours work, allowing organisations to address hidden workload issues and promote healthier work practices.

2. Rostering and shift design

Effective rostering and shift design can significantly reduce excessive work hours and fatigue. Adopting a “fatigue risk management system” (FRMS), commonly used in industries like aviation and healthcare, helps identify and mitigate fatigue-related risks. Shifts should be designed to ensure adequate rest, especially following night shifts or long hauls, to support recovery. Additionally, incorporating split shifts or hybrid work options can alleviate commuting stress and provide greater flexibility for employees.

3. Mental health initiatives

Prioritising mental health is essential for managing excessive work hours. Burnout prevention should be embedded into your health and safety plan to create a proactive approach to employee wellbeing. Offering confidential employee assistance programs (EAPs) provides support for those in need, while regular wellbeing check-ins help identify and address concerns early. Additionally, including psychosocial hazards in risk assessments ensures a comprehensive strategy for safeguarding mental health in the workplace.

4. Policy and culture review

Reviewing workplace policies and culture is crucial for managing excessive work hours. Start by updating your health and safety policy to include psychological health, ensuring mental wellbeing is treated as a priority. Foster a “speak-up” safety culture where employees feel encouraged to voice concerns about fatigue or stress without fear of repercussions. Additionally, avoid normalising or rewarding presenteeism, such as staying late, to promote a healthier and more balanced work environment.

Burnout is a risk, are you managing it properly?

Burnout poses a serious threat to both employee wellbeing and organisational performance. By implementing strategies like effective workload management, thoughtful rostering, mental health initiatives, and a supportive workplace culture, you can mitigate the risks of excessive work hours. Proactively addressing these issues not only protects your team but also fosters a healthier, more productive work environment.

Need help assessing your workplace risks or developing a burnout prevention plan?

Citation Safety is here to make WHS easy and stress-free. Our Work Health and Safety Software is a complete safety management system built to help you perfectly manage your business’ health and safety providing detailed templates and tools.