Health and Safety in Employment Act 1992

Duties of employers in relation to information

11 Employees to be given results of monitoring
  • (1) This section applies to the results of any monitoring of any employee or place of work if it was undertaken in compliance with this Act; and—

    • (a) if the monitoring was undertaken by or on behalf of an employer; or

    • (b) if—

      • (i) the monitoring was undertaken by or on behalf of a department (within the meaning of the State Sector Act 1988); and

      • (ii) the results have been given to an employer.

    (2) Subject to subsection (3), every employer shall ensure that—

    • (a) every employee is given all results to which this section applies of monitoring of the employee (whether as an individual or as one of a number of employees) in relation to health or safety; and

    • (b) all employees who ask for them are given all results to which this section applies of general monitoring of—

      • (i) conditions in the employee's place of work; or

      • (ii) the health or safety of employees there.

    (3) Every employer shall ensure that—

    • (a) there are omitted from all results to which this section applies given to any individual employee all information that identifies, or discloses anything about, any other individual employee; and

    • (b) there are omitted from all results to which this section applies given to any group of employees all information that identifies, or discloses anything about, any employee.

    (4) An employer is not required under this section to give an employee the results of monitoring to the extent that those results have already been provided to the employee under section 12A.

    Section 11(4): inserted, on 16 December 2013, by section 6 of the Health and Safety in Employment Amendment Act 2013 (2013 No 95).