Health and Safety in Employment Act 1992

Hazard notices

  • Heading: inserted, on 5 May 2003, by section 22 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

46A Trained health and safety representatives may issue hazard notices
  • (1) In this section,—

    hazard notice means a notice that—

    • (a) describes a hazard identified in a place of work; and

    • (b) is in the prescribed form; and

    • (c) may set out suggested steps to deal with the hazard

    trained health and safety representative means a health and safety representative who has achieved a level of competency in health and safety practice specified by the Minister by notice in the Gazette or who has completed an appropriate course approved under section 19G.

    (2) Subsection (3) applies if a trained health and safety representative—

    • (a) believes on reasonable grounds that there is a hazard in the place of work of the representative's employer; and

    • (b) has brought the hazard to the attention of the employer; and

    • (c) has discussed or attempted to discuss with the employer steps for dealing with the hazard.

    (3) The trained health and safety representative may give the employer a hazard notice if—

    • (a) the employer refuses to discuss, or take steps to deal with, the hazard; or

    • (b) the employer and representative do not agree on the steps that must be taken or the time within which the steps must be taken to deal with the hazard; or

    • (c) the representative believes on reasonable grounds that the employer has failed to meet the requirements of section 6 in relation to the hazard within a time agreed during the discussion.

    (4) If a hazard notice has been given by a trained health and safety representative, the representative may notify an inspector of that fact.

    (5) To avoid doubt, where this section applies, the employer and trained health and safety representative must deal with each other in good faith.

    (6) In this section, employer includes a representative of the employer.

    Section 46A: inserted, on 5 May 2003, by section 22 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).