Health and Safety in Employment Act 1992

Reprint as at 16 December 2013

Health and Safety in Employment Act 1992

Public Act1992 No 96
Date of assent27 October 1992
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


Contents

Title

1 Short Title and commencement

Part 1
Preliminary

2 Interpretation

2A All practicable steps

3 Application of Act to the Crown

3A Application of Act to aircraft

3B Application of Act to ships

3C Application of certain provisions to volunteers doing regular work

3D Protections for other volunteers

3E Application of Act to persons receiving on the job training or gaining work experience

3F Application of Act to loaned employees

3G Provisions affecting application of amendments to this Act

4 Act not to affect other legislation

5 Object of Act

Part 2
Duties relating to health and safety in employment

General duties of employers

6 Employers to ensure safety of employees

Duties of employers in relation to hazard management

7 Identification of hazards

8 Significant hazards to employees to be eliminated if practicable

9 Significant hazards to employees to be isolated where elimination impracticable

10 Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable

Duties of employers in relation to information

11 Employees to be given results of monitoring

12 Information for employees generally and health and safety representatives

Duties of mine operators in relation to information

12A Mine workers to be given results of monitoring

12B Information for site health and safety representatives

Duties of employers in relation to training and supervision

13 Training and supervision

Duties of mine operators in relation to training and supervision

13AA Training and supervision of mine workers

Duties of employers in relation to Police vetting of employees at limited child care centres

13A Limited child care centre employees must be suitable

13B Police vetting of employees at limited child care centres

13C Police vetting of contractors and their employees who work at limited child care centres

13D Police vet must be obtained before person has unsupervised access to children

13E Procedures relating to Police vets under section 13B or 13C

14 Employers to involve employees in development of health and safety procedures [Repealed]

Other duties

15 Duties of employers to people who are not employees

16 Duties of persons who control places of work

17 Duties of self-employed people

18 Duties of principals

18A Duties of persons selling or supplying plant for use in place of work

19 Duties of employees

Part 2A
Employee participation

19A Purpose of Part 2A

19B General duty to involve employees in health and safety matters

19C Development of employee participation system

19D Provisions that apply if employer and employees fail to develop system for employee participation

19E Training of health and safety representatives

19F Calculation of maximum total number of days' paid leave for health and safety training

19G Minister may approve occupational health and safety training

19H System for employee participation in Armed Forces

19I Meaning of employee in sections 19C(1) and 19F(1)

19J Relationship of this Part with Part 2B

Part 2B
Worker participation in health and safety in mining sector

19K Purpose of Part

19L Interpretation

19M Meaning of mining operation

19N Meaning of quarrying operation

19O Meaning of tunnelling operation

19P Governor-General may, by Order in Council, exclude operations from section 19O

19Q General duty to involve mine workers in health and safety matters

Worker participation system

19R Development of worker participation system

19S Training of site health and safety representatives

19T Review and replacement of worker participation systems

19U Prescribed provisions apply if no scheme in place

Site health and safety representatives

19V Election of site health and safety representatives

19W Functions of site health and safety representatives

19X No duty on site health and safety representatives

Powers of site health and safety representatives

19Y Competency requirements for exercise of certain powers

19Z Power of site health and safety representative to attend interview

19ZA Power of site health and safety representative to enter and inspect mining operation

19ZB Power of site health and safety representative to examine and copy documents

19ZC Power to require assistance

19ZD Power of site health and safety representative to accompany inspector

19ZE Site health and safety representative may consult inspector

19ZF Trained site health and safety representatives may issue hazard notices

19ZG Power of site health and safety representative to give notice requiring suspension of mining operation

19ZH Power of site health and safety representative to require mining operation to stop in case of imminent serious harm

19ZI Inspector may cancel order to suspend mining operation

19ZJ Workers must do other work

19ZK Work not to restart until no likelihood of serious harm

19ZL Protection of site health and safety representatives performing functions or exercising powers

19ZM Functions and powers for health and safety purposes only

19ZN Information to be used for health and safety purposes only

19ZO Health and safety representative not to unnecessarily impede production

19ZP Protection from civil and criminal liability

19ZQ Obligations of mine operators

Removal of site health and safety representative

19ZR WorkSafe may remove site health and safety representative

19ZS Election of another site health and safety representative

19ZT Site health and safety representative may appeal against removal

Industry health and safety representatives

19ZU Appointment of industry health and safety representatives

19ZV Notice to WorkSafe of appointment or cessation of appointment of representative

19ZW Functions and powers of industry health and safety representatives

19ZX Further provision concerning scope of functions and powers of industry health and safety representatives

19ZY Identity cards

19ZZ Production or display of identity card

19ZZA Removal of industry health and safety representative

19ZZB Register of industry health and safety representatives

19ZZC Alterations to register

19ZZD Search of register

Part 3
Standards

Codes of practice

20 Codes of practice

20A Code to be approved by Minister

20B Court may have regard to code

20C Codes to be made available

Competencies in mining industry

20D New Zealand Mining Board of Examiners

20E Functions of Board

20F Membership of Board

20G Proceedings of Board

20H Board levy

Regulations

21 Regulations

22 Application of regulations

23 Other provisions relating to regulations

24 Saving of regulations made under certain repealed enactments

Part 4
General provisions

Accidents

25 Recording and notification of accidents and serious harm

25A Transfer of accident information

26 No interference at accident scene

27 Inquiry into cause of accident

28 Coroner may call for report on fatal accident

Right of employees to refuse to perform work likely to cause serious harm

28A Employees may refuse to perform work likely to cause serious harm

Enforcement by other agencies

28B Enforcement by other agencies

Inspectors

29 Inspectors

30 Functions of inspectors

31 Powers of entry and inspection

32 Inspectors to prove identity

33 Powers to take samples and other objects and things

Health and safety medical practitioners

34 Appointment of health and safety medical practitioners

35 Powers of entry and inspection of health and safety medical practitioners

36 Health and safety medical practitioners may require medical examinations of employees

37 Health and safety medical practitioners may suspend employees in certain cases

38 Administrative provisions

Improvement and prohibition notices

39 Inspectors may issue improvement notices

39A Inspectors may issue improvement notices in relation to mining operation

40 How improvement notices to be given

41 Inspectors may issue prohibition notices

41A Inspectors may issue prohibition notices in relation to mining operation

42 Service of prohibition notices

43 Compliance with prohibition notices

44 How notices to be addressed

45 Matters may be completed by different inspectors

Appeals

46 Appeals against notices

Hazard notices

46A Trained health and safety representatives may issue hazard notices

Duties in respect of inspectors

47 Duty of assistance

48 Obstruction, etc

Offences and penalties

49 Offences likely to cause serious harm

50 Other offences

51 Actions taken to prevent harm

51A Sentencing criteria

52 Failure to comply with section 14 [Repealed]

53 Proof of intention not required

54 Notification to WorkSafe of interest in knowing of enforcement action taken by inspector

54A Filing charging document

54B Time limit for filing charging document

54C Extension of time for person other than inspector to file charging document

54D Extension of time if inspector needs longer to decide whether to file charging document

54E Continuing or repeated matters

55 Other provisions relating to offences

56 Offences by bodies corporate or Crown organisations

Infringement offences

56A Infringement offences

56B Infringement notices

56C Prior warning of infringement offence

56D Inspector may require information

56E Procedural requirements for infringement notices

56F Infringement fees

56G Payment of infringement fee

56H Effect of infringement notice

Insurance against fines unlawful and of no effect

56I Insurance against fines unlawful and of no effect

Proof of notices

57 Proof of notices

Personation of inspectors

58 Personation of inspectors

Funding of administration

59 Funding

Information provided by Accident Rehabilitation and Compensation Insurance Corporation

[Repealed]

60 Accident Rehabilitation and Compensation Insurance Corporation may provide information [Repealed]

Non-compliance with other enactments

61 Inspectors to notify local authority

Amendments, repeals, revocations, and savings

62 Consequential amendments, repeals, revocations, and savings

63 Application, savings, and transitional provisions

Schedule 1AA

Schedule 1
Serious harm

Schedule 1A
Employee participation system

Schedule 2
Consequential amendments

Schedule 3
Enactments repealed

Schedule 4
Orders in Council and notices revoked

Health and Safety in Employment Amendment Act 2002

Reprint notes


An Act to reform the law relating to the health and safety of employees, and other people at work or affected by the work of other people