Health and Safety in Employment Act 1992

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

• (1) Where—

  • (a) there is a significant hazard to employees at work; and

  • (b) either—

    • (i) there are no practicable steps that may be taken to eliminate it; or

    • (ii) all practicable steps to eliminate it have been taken, but it has not been eliminated; and

  • (c) either—

    • (i) there are no practicable steps that may be taken to isolate it from the employees; or

    • (ii) all practicable steps to isolate it from the employees have been taken, but it has not been isolated,—

  the employer shall take the steps set out in subsection (2).

  (2) The steps are—

  • (a) to take all practicable steps to minimise the likelihood that the hazard will be a cause or source of harm to the employees; and

  • (b) to provide, make accessible to, and ensure the use by the employees of suitable clothing and equipment to protect them from any harm that may be caused by or may arise out of the hazard; and

  • (c) to monitor the employees' exposure to the hazard; and

  • (d) to take all practicable steps to obtain the employees' consent to the monitoring of their health in relation to the hazard; and

  • (e) with their informed consent, to monitor the employees' health in relation to exposure to the hazard.

  (3) An employer does not comply with subsection (2)(b) by—

  • (a) paying an employee an allowance or extra salary or wages instead of providing the protective clothing or equipment; or

  • (b) requiring an employee to provide his or her own protective clothing or equipment as a precondition of employment or as a term or condition in an employment agreement.

  (4) However, an employer does not have to comply with subsection (2)(b) in relation to protective clothing if—

  • (a) an employee genuinely and voluntarily chooses to provide his or her own protective clothing for reasons of his or her comfort or convenience; and

  • (b) the employer is satisfied that the protective clothing is suitable in terms of subsection (2)(b).

  (5) An employee who has chosen to provide his or her own protective clothing under subsection (4) may, after giving reasonable notice to the employer, choose that the employer provide protective clothing under subsection (2)(b) instead of providing it himself or herself.

  (6) Nothing in subsections (4) or (5) derogates from the responsibility of the employer under subsection (2)(b).

  Section 10(2)(b): amended, on 5 May 2003, by section 8(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

  Section 10(3): added, on 5 May 2003, by section 8(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

  Section 10(4): added, on 5 May 2003, by section 8(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

  Section 10(5): added, on 5 May 2003, by section 8(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

  Section 10(6): added, on 5 May 2003, by section 8(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).