Health and Safety in Employment Act 1992

37 Health and safety medical practitioners may suspend employees in certain cases
  • (1) If satisfied on reasonable grounds that—

    • (a) an employee—

      • (i) is, has been, or may have been, exposed to a significant hazard while at work; and

      • (ii) has failed or refused, without reasonable cause, to comply with a notice under section 36; or

    • (b) an employee has been so harmed by exposure to a significant hazard while at work that the employee should not continue to be exposed to the hazard,—

    the health and safety medical practitioner may, by written notice to the employee (a copy of which the health and safety medical practitioner shall give to the employer),—

    • (c) require the employee to cease doing anything specified in the notice that, in the health and safety medical practitioner's opinion, constitutes, causes, or enhances the employee's exposure to the hazard; and

    • (d) require the employer to ensure that the employee ceases doing the thing or things specified in the notice.

    (2) Every employee and employer shall comply with a suspension notice.

    Section 37 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

    Section 37(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

    Section 37(1)(c): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).