19B General duty to involve employees in health and safety matters
  • (1) Every employer must provide reasonable opportunities for the employer's employees to participate effectively in ongoing processes for improvement of health and safety in the employees' places of work.

    (2) Without limiting subsection (1), ongoing processes for improvement of health and safety include the matters referred to in sections 6 to 13.

    (3) In complying with this Part, an employer must take into account any approved code of practice for employee participation in workplace health and safety.

    (4) If a health and safety committee or a health and safety representative makes a recommendation regarding health and safety in a place of work, the employer must either adopt the proposal or provide a written statement to the health and safety committee or health and safety representative setting out the reasons for not adopting the proposal.

    (5) In subsection (1), reasonable opportunities means opportunities that are reasonable in the circumstances, having regard to relevant matters such as—

    • (a) the number of employees employed by the employer; and

    • (b) the number of different places of work for the employees and the distance between them; and

    • (c) the likely potential sources or causes of harm in the place of work; and

    • (d) the nature of the work that is performed and the way that it is arranged or managed by the employer; and

    • (e) the nature of the employment arrangements, including the extent and regularity of employment of seasonal or temporary employees; and

    • (f) the willingness of employees and unions to develop employee participation systems; and

    • (g) the overriding duty to act in good faith.

    Section 19B: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).