Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698752185863.pdf (New Zealand)
Reprint as at 1 July 2013 Health and Safety in Employment Act 1992 Public Act Date of assent Commencement 1992 No 96 27 October 1992 see section 1(2) Contents Title Short Title and commencement Part 1 Preliminary Interpretation All practicable steps Application of Act to the Crown Application of Act to aircraft Application of Act to ships Application of certain provisions to volunteers doing regular work Protections for other volunteers Application of Act to persons receiving on the job training or gaining work experience Application of Act to loaned employees 1 2 2A 3 3A 3B 3C 3D 3E 3F Page 6 6 6 15 15 16 17 17 18 19 19 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Labour.
1 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Act not to affect other legislation Object of Act Part 2 Duties relating to health and safety in employment General duties of employers Employers to ensure safety of employees Duties of employers in relation to hazard management Identification of hazards Significant hazards to employees to be eliminated if practicable Significant hazards to employees to be isolated where elimination impracticable Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable Duties of employers in relation to information Employees to be given results of monitoring Information for employees generally and health and safety representatives Duties of employers in relation to training and supervision Training and supervision Duties of employers in relation to Police vetting of employees at limited child care centres Limited child care centre employees must be suitable Police vetting of employees at limited child care centres Police vetting of contractors and their employees who work at limited child care centres Police vet must be obtained before person has unsupervised access to children Procedures relating to Police vets under section 13B or 13C Employers to involve employees in development of health and safety procedures [Repealed] Other duties Duties of employers to people who are not employees Duties of persons who control places of work Duties of self-employed people Duties of principals 13A 13B 13C 13D 13E Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 18A 19 Duties of persons selling or supplying plant for use in place of work Duties of employees Part 2A Employee participation 19A 19B 19C 19D 19E 19F Purpose of Part 2A General duty to involve employees in health and safety matters Development of employee participation system Provisions that apply if employer and employees
 fail to develop system for employee participation Training of health and safety representatives Calculation of maximum total number of days’ paid leave for health and safety training 19G Minister may approve occupational health and safety training System for employee participation in Armed Forces Meaning of employee in sections 19C(1) and 19F(1) 19H 19I Codes of practice Part 3 Standards Codes of practice Regulations Regulations Application of regulations Other provisions relating to regulations Saving of regulations made under certain repealed enactments Part 4 General provisions Accidents Recording and notification of accidents and serious harm Transfer of accident information No interference at accident scene Inquiry into cause of accident Coroner may call for report on fatal accident 25A 26 27 28 31 32 32 32 33 35 35 36 36 37 37 37 41 42 42 44 44 46 47 47 48 3 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Right of employees to refuse to perform work likely to cause serious harm 28A Employees may refuse to perform work likely to cause serious harm 28B Enforcement by other agencies Enforcement by other agencies Inspectors Inspectors Functions of inspectors Powers of entry and inspection Inspectors to prove identity Powers to take samples and other objects and things Departmental medical practitioners Appointment of departmental medical practitioners Powers of entry and inspection of departmental medical practitioners Departmental medical practitioners may require medical examinations of employees Departmental medical practitioners may suspend employees in certain cases Administrative provisions Improvement and prohibition notices Inspectors may issue improvement notices How improvement notices to be given Inspectors may issue prohibition notices Service of prohibition notices Compliance with prohibition notices How notices to be addressed Matters may be completed by different inspectors Appeals against notices Appeals 29
 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 46A Hazard notices Trained health and safety representatives may issue hazard notices Duties in respect of inspectors Duty of assistance Obstruction, etc 47 48 4 48 50 50 51 51 53 53 55 55 55 56 57 57 58 58 59 59 59 59 60 60 61 62 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Offences and penalties Offences likely to cause serious harm Other offences Actions taken to prevent harm Sentencing criteria Failure to comply with section 14 [Repealed] Proof of intention not required Notification to Secretary of interest in knowing of enforcement action taken by inspector Filing charging document Time limit for filing charging document Extension of time for person other than inspector to file charging document Extension of time if inspector needs longer to decide whether to file charging document Continuing or repeated matters Other provisions relating to offences Offences by bodies corporate or Crown organisations Infringement offences Infringement offences Infringement notices Prior warning of infringement offence Inspector may require information Procedural requirements for infringement notices Infringement fees Payment of infringement fee Effect of infringement notice 49 50 51 51A 52 53 54 54A 54B 54C 54D 54E 55 56 56A 56B 56C 56D 56E 56F 56G 56H Insurance against fines unlawful and of no effect 56I Insurance against fines unlawful and of no effect Proof of notices Proof of notices Personation of inspectors Personation of inspectors Funding of administration Funding 57 58 59 Information provided by Accident Rehabilitation and Compensation Insurance Corporation [Repealed] 62 63 63 63 64 64 65 65 66 67 68 69 69 70 71 71 71 72 72 74 74 75 75 76 76 76 5 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 60 61 62 Accident Rehabilitation and Compensation Insurance Corporation may provide information [Repealed] Non-compliance with other enactments Inspectors to notify local authority
 Amendments, repeals, revocations, and savings Consequential amendments, repeals, revocations, and savings Schedule 1 Serious harm Schedule 1A Employee participation system Schedule 2 Consequential amendments Schedule 3 Enactments repealed Schedule 4 Orders in Council and notices revoked 78 79 79 80 81 85 86 94 An Act to reform the law relating to the health and safety of employees, and other people at work or affected by the work of other people Short Title and commencement This Act may be cited as the Health and Safety in Employment Act 1992.
This Act shall come into force on 1 April 1993.
Part 1 Preliminary Interpretation In this Act, unless the context otherwise requires,— accident means an event that— (a) causes any person to be harmed; or 1 (1) (2) 2 (1) 6 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 1 s 2 (b) in different circumstances, might have caused any per- son to be harmed approved code of practice means a statement, for the time being approved under section 20; but where any amendment of the statement has been approved under that section, means the statement as amended Armed Forces has the same meaning as in section 2(1) of the Defence Act 1990 at work, in relation to any person, means present, for gain or reward, in the person’s place of work coastal cargo has the same meaning as in section 198(6) of the Maritime Transport Act 1994 compliance order means an order made under section 137 of the Employment Relations Act 2000 contractor means a person engaged by any person (otherwise than as an employee) to do any work for gain or reward Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002 demise charter has the same meaning as in section 2(1) of the Ship Registration Act 1992 department means the department of State that, with the au- thority of the Prime Minister, is for the time being responsible for the administration of this Act departmental medical practitioner means a person for the time being appointed under section 34(1) employee, subject to sections 3C to 3F, means any person of any age employed by an employer to do any work (other than residential work) for hire or reward under a contract of service and, in relation to any employer, means an employee of the employer employer, subject to sections 3C to 3F,— (a) means a person who or that employs any other person to do any work for hire or reward; and, in relation to any employee, means an employer of the employee; and includes, in relation to any person employed by the chief executive or other employee of a Crown organisation to do any work
 for the Crown organisation for hire or reward, that Crown organisation (b) 7 Part 1 s 2 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 enforcement action means,— (a) in relation to an inspector,— (i) the filing of a charging document under this Act; or the issuing of an infringement notice under this Act; or the making of an application for a compliance order; and (ii) (iii) (b) in relation to a person other than an inspector,— (i) the filing of a charging document under this Act; or the making of an application for a compliance order (ii) facility includes amenity and equipment fail includes refuse; and failure includes refusal harm— (a) means illness, injury, or both; and (b) includes physical or mental harm caused by work-re- lated stress hazard— (a) means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or sub- stance (whether arising or caused within or outside a place of work) that is an actual or potential cause or source of harm; and includes— (i) a situation where a person’s behaviour may be an actual or potential cause or source of harm to the person or another person; and (b) (ii) without limitation, a situation described in sub- paragraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or an- other temporary condition that affects a person’s behaviour hazard notice has the meaning set out in section 46A(1) health and safety committee means a committee established to support the ongoing improvement of health and safety in a place of work 8 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 1 s 2 health and safety representative means an employee elected, as an individual or as a member of a health and safety commit- tee or both, to represent the views of employees in relation to health and safety at work healthy means unharmed; and health has a corresponding meaning home means a place occupied as a dwellinghouse; and in- cludes any
 garden, yard, garage, outhouse, or other appurte- nance, of a home improvement notice means a notice under subsection (1) or subsection (2) of section 39 infringement notice means a notice given under section 56B inspector means a health and safety inspector for the time be- ing appointed under section 29(1) inspector’s notice means an improvement notice or a prohib- ition notice limited child care centre means any premises used regularly for the care of 3 or more children (not being children of the persons providing the care, or children enrolled at a school being provided with care before or after school) under the age of 6, none of whom attends for any period exceeding 2 hours per day, in circumstances where the children’s parents or care- givers are— (a) in close proximity to the children and are able to be contacted; and able to resume responsibility for children at short notice (b) limited child care service provider means the body, agency, or person who or that operates a limited child care centre machinery means an engine, motor, or other appliance that provides mechanical energy derived from compressed air, the combustion of fuel, electricity, gas, gaseous products, steam, water, wind, or any other source; and includes— (a) any plant by or to which the motion of any machinery is transmitted; and a lifting machine, a lifting vehicle, a machine whose motive power is wholly or partly generated by the human body, and a tractor (b) 9 Part 1 s 2 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 matter, means— (a) (b) in sections 54, 54A, 54C, 54E, 56B, and 56C, a failure to comply with this Act or regulations made under this Act; or a series of such associated failures arising out of, or re- lating to, the same incident, situation, or set of circum- stances medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practi- tioners
 Competence Assurance Act 2003 as a practitioner of the profession of medicine.
Minister means the Minister of the Crown who, under the au- thority of any warrant or with the authority of the Prime Min- ister, is for the time being responsible for the administration of this Act New Zealand includes all airspace within the territorial limits of New Zealand New Zealand ship has the same meaning as in section 2(1) of the Ship Registration Act 1992 person includes the Crown person who controls a place of work in relation to a place of work, means a person who is— (a) the owner, lessee, sublessee, occupier, or person in pos- session, of the place or any part of it; or the owner, lessee, sublessee, or bailee, of any plant in the place (b) petroleum operations means petroleum operations pre- scribed for the purposes of this Act by regulations made under this Act phenomenon includes radiation place of work means a place (whether or not within or forming part of a building, structure, or vehicle) where any person is to work, is working, for the time being works, or customarily works, for gain or reward; and, in relation to an employee, includes a place, or part of a place, under the control of the 10 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 1 s 2 employer (not being domestic accommodation provided for the employee),— (a) where the employee comes or may come to eat, rest, or get first-aid or pay; or (b) where the employee comes or may come as part of the employee’s duties to report in or out, get instructions, or deliver goods or vehicles; or through which the employee may or must pass to reach a place of work (c) plant includes— (a) appliance, equipment, fitting, furniture, implement, ma- chine, machinery, tool, and vehicle; and part of any plant, the controls of any plant, and any thing connected to any plant (b) in relation to the occupier of a home, principal means a person who or that engages any person (otherwise than as an employee) to do any work for gain or reward prohibition notice means a notice under section 41(1) residential work, means— (a) domestic work
 done or to be done in the home; or (b) work done or to be done in respect of the home,— by a person employed or engaged by the occupier solely to do work of one or both of those kinds in relation to the home safe,— (a) in relation to a person, means not exposed to any haz- ards; and in every other case, means free from hazards;— (b) and unsafe and safety have corresponding meanings Secretary means the chief executive of the department serious harm, subject to subsection (4), means death, or harm of a kind or description declared by the Governor-General by Order in Council to be serious for the purposes of this Act; and seriously harmed has a corresponding meaning ship has the same meaning as in section 2(1) of the Ship Regis- tration Act 1992 11 Part 1 s 2 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 significant hazard means a hazard that is an actual or potential cause or source of— (a) (b) serious harm; or harm (being harm that is more than trivial) the sever- ity of whose effects on any person depend (entirely or among other things) on the extent or frequency of the person’s exposure to the hazard; or harm that does not usually occur, or usually is not easily detectable, until a significant time after exposure to the hazard (c) subcontractor means a person engaged (otherwise than as an employee) by any contractor or subcontractor to do for gain or reward any work the contractor or subcontractor has been engaged (as contractor or subcontractor) to do substance includes a thing that is an organic material, whether living or not suspension notice means a notice under section 37(1) trained health and safety representative has the meaning set out in section 46A(1) union has the same meaning as in section 5 of the Employment Relations Act 2000 volunteer— (a) means a person who— (i) (ii) does not expect to be rewarded for work to be performed as a volunteer; and receives no reward for work performed as a vol- unteer; and (b) does not include a
 person who is in a place of work for the purpose of receiving on the job training or gaining work experience.
For the avoidance of doubt, it is hereby declared that— (a) a person may at the one time be 2 or more of any of the following: a contractor, an employer, a person who controls a place of work, a principal, a self-employed person, and a subcontractor; and this Act may impose duties on or in respect of the person accordingly; and (2) 12 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 1 s 2 (b) (c) this Act may at the one time impose the same duty on 2 or more persons, whether in the same capacity or dif- ferent capacities; and a duty imposed by this Act on any person is not dimin- ished or affected by the fact that it is also imposed on 1 or more other persons, whether in the same capacity or in different capacities.
(3) To avoid doubt, a person is in a place of work whenever and wherever the person performs work including in a place that— (a) (b) the person moves through; or itself moves.

(4) Until the commencement of the first Order in Council made under this Act declaring harm of any kind or description to be serious for the purposes of this Act, harm of any of the kinds and descriptions specified in Schedule 1 shall be deemed to be serious harm.
Section 2(1) all practicable steps: repealed, on 5 May 2003, by section 4(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) approved code of practice: amended, on 18 March 1998, by sec- tion 3(2)(a) of the Health and Safety in Employment Amendment Act 1998 (1998 No 3).

Section 2(1) Armed Forces: inserted, on 5 May 2003, by section 4(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 2(1) coastal cargo: inserted, on 5 May 2003, by section 4(3) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) compliance order: inserted, on 5 May 2003, by section 4(4) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) crew: repealed, on 5 May 2003, by section 4(4) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 2(1) Crown organisation: inserted, on 18 October 2002, by section 23(1) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

Section 2(1) demise charter: inserted, on 5 May 2003, by section 4(4) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) employee: substituted, on 5 May 2003, by section 4(5) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 2(1) employer: substituted, on 18 October 2002, by section 23(2) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

Section 2(1) employer: amended, on 5 May 2003, by section 4(6) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) enforcement action: inserted, on 5 May 2003, by section 4(7) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
13 Part 1 s 2 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Section 2(1) enforcement action paragraph (a)(i): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) enforcement action paragraph (b)(i): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) harm: substituted, on 5 May 2003, by section 4(8) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 2(1) hazard: substituted, on 5 May 2003, by section 4(8) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) hazard notice: inserted, on 5 May 2003, by section 4(8) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) health and safety committee: inserted, on 5 May 2003, by sec- tion 4(8) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 2(1) health and safety representative: inserted, on 5 May 2003, by section 4(8) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) infringement notice: inserted, on 5 May 2003, by section 4(9) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) limited child care centre: inserted, on 21 December 2010, by section 4 of the Health and Safety in Employment Amendment Act 2010 (2010 No 135).
Section 2(1) limited child care service provider: inserted, on 21 December 2010, by section 4 of the Health and Safety in Employment Amendment Act 2010 (2010 No 135).

Section 2(1) matter: inserted, on 5 May 2003, by section 4(10) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by sec- tion 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) New Zealand: inserted, on 5 May 2003, by section 4(11) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) New Zealand ship: inserted, on 5 May 2003, by section 4(11) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) petroleum operations: inserted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).
Section 2(1) place of work: amended, on 5 May 2003, by section 4(12) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) registered medical practitioner: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) ship: inserted, on 5 May 2003, by section 4(13) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 2(1) trained health and safety representative: added, on 5 May 2003, by section 4(14) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

14 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 1 s 3 Section 2(1) union: added, on 5 May 2003, by section 4(14) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 2(1) volunteer: added, on 5 May 2003, by section 4(14) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(3): substituted, on 5 May 2003, by section 4(15) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
2A All practicable steps (1) (c) (b) In this Act, all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circum- stances, having regard to— (a) the nature and severity of the harm that may be suffered if the result is not achieved; and the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and the current state of knowledge about harm of that na- ture; and the current state of knowledge about the means avail- able to achieve the result, and about the likely efficacy of each of those means; and (e) the availability and cost of each of those means.
To avoid doubt, a person required by this Act to take all prac- ticable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.

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

(d) (2) 3 (1) Application of Act to the Crown Except as expressly provided in subsections (2) and (3), this Act binds the Crown.
(2) An instrument of the Crown may be prosecuted for an offence against this Act if, and only if,— (a) (b) that instrument is a Crown organisation; and the offence is alleged to have been committed by the Crown organisation; and the proceedings are instituted— (c) 15 Part 1 s 3A Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (3) (i) (ii) against the Crown organisation in its own name and do not cite the Crown as a defendant; and in accordance with the Crown Organisations (Criminal Liability Act) 2002.
The Crown may not be prosecuted for an offence against this Act, except to the extent and in the manner provided in sub- section (2).

Section 3(1): amended, on 18 October 2002, by section 24(1) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

Section 3(2): substituted, on 18 October 2002, by section 24(2) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).
Section 3(3): added, on 18 October 2002, by section 24(2) of the Crown Or- ganisations (Criminal Liability) Act 2002 (2002 No 37).

3A Application of Act to aircraft (1) This Act applies to— (a) a person employed or engaged to work on board an air- craft; and the person who employs or engages the person specified in paragraph (a); and the aircraft as a place of work.
(b) (c) (2) However, this Act applies only while an aircraft is— (a) (b) (c) operating on a flight beginning at a place in New Zealand and ending at that same place; or operating between 2 places in New Zealand (not as part of a flight beginning or ending outside New Zealand); or operating outside New Zealand, and the person is em- ployed or engaged under an employment agreement or contract for services governed by New Zealand law.
For the purposes of subsection 2(c), an aircraft operating in New Zealand as part of a flight beginning or ending outside New Zealand must be treated as operating outside New Zealand.

Section 16 does not apply to an aircraft while it is taking off, flying, or landing.
To avoid doubt, where this Act applies outside New Zealand, the provisions relating to offences apply even though an act or (3) (4) (5) 16 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 1 s 3C omission that constitutes an offence occurred in respect of an aircraft outside New Zealand.

Section 3A: inserted, on 5 May 2003, by section 6 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
3B Application of Act to ships (1) This Act applies— to a person— (a) (i) employed or engaged under an employment agreement or contract for services governed by New Zealand law to work on board a New Zealand ship or on board a foreign ship carrying coastal cargo while the foreign ship is on demise charter to a New Zealand-based operator; or performing work on a foreign ship while it is carrying out petroleum operations in New Zealand continental waters (as defined in section 222(1) of the Maritime Transport Act 1994); and to the person who employs or engages the person de- scribed in paragraph (a); and to the ship as a place of work.
(ii) (b) (c) (3) (4) (2) Where this Act applies in respect of a New Zealand ship, it applies whether the ship is operating inside or outside New Zealand.

Section 16 does not apply to a ship while it is at sea.

To avoid doubt, where this Act applies outside New Zealand, the provisions relating to offences apply even though an act or omission that constitutes an offence occurred in respect of a ship outside New Zealand.
Section 3B: inserted, on 5 May 2003, by section 6 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
3C Application of certain provisions to volunteers doing (1) regular work This section applies if— (a) a volunteer does work for another person (being an em- ployer or self-employed person) with the knowledge or consent of the other person; and 17 Part 1 s 3D Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (b) (c) the volunteer does the work on an ongoing and regular basis for that other person; and the work is an integral part of the business of the em- ployer or self-employed person.
(2) When this section applies, sections 6 to 12, 19, and Part 4 apply with all necessary modifications,— (a) as if the volunteer were an employee of the other person; and as if the other person were the volunteer’s employer; and as if the volunteer were at work when doing work for the other person.
(b) (c) (3) This section does not apply in respect of a volunteer doing any of the following voluntary work activities: (a) (b) a sports club: a recreation club: an educational institution; or participation in a fundraising activity; or assistance with sports or recreation for— (i) (ii) (iii) assistance with activities for an educational institution outside the premises of the educational institution; or providing care for another person in the volunteer’s home.
(c) (d) Section 3C: inserted, on 5 May 2003, by section 6 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

3D Protections for other volunteers (1) This section applies in respect of all volunteers doing any vol- untary work activity in respect of whom section 3C does not apply.
The person for whom such a volunteer does the work activity should take all practicable steps to ensure the health and safety of the volunteer while he or she is doing the work activity, in particular by taking hazards into account when planning the work activity.
If an inspector becomes aware of a significant hazard relating to the work activity, the inspector must, as soon as practicable, contact the person for whom the volunteer is doing the work (2) (3) 18 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 1 s 3F (4) activity (or the person’s representative) to discuss means of eliminating, isolating, or minimising the hazard.

If this section applies, sections 39, 41, and 49 do not apply.
Section 3D: inserted, on 5 May 2003, by section 6 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

3E Application of Act to persons receiving on the job training (1) (2) 3F (1) (2) or gaining work experience This Act, except for Part 2A, applies when a person who is not an employee is in a place of work for the purpose of receiving on the job training or gaining work experience (person A).
For the purposes of this Act,— (a) person A must be treated as if he or she were an em- ployee of the person who has agreed to provide the on the job training or work experience (person B); and person B must be treated as if that person were person A’s employer; and person A must be treated as if he or she were at work when in the place of work for the purposes set out in subsection (1).
(b) (c) Section 3E: inserted, on 5 May 2003, by section 6 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Application of Act to loaned employees This Act, except for Part 2A, applies when— (a) an employer or principal (person A) places an em- ployee (the loaned employee) at the disposal of another person (person B, being an employer or a self-em- ployed person) to do work for person B; and there is no contractual relationship between person A and person B regarding the work to be performed by the loaned employee.
For the purposes of this Act,— (a) a loaned employee must be treated as if he or she were an employee of person B (instead of person A) while the loaned employee is working for person B; and person A has a duty to ensure that the loaned employee is capable of doing the proposed work safely and that (b) (b) 19 Part 1 s 4 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 person B is aware of person B’s duties under this Act; and person B must be treated as if person B were the em- ployer of the loaned employee (instead of person A) while the loaned employee is working for person B; and the loaned employee must be treated as if he or she were at work when doing work for person B.
(c) (d) Section 3F: inserted, on 5 May 2003, by section 6 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Act not to affect other legislation Nothing in this Act, or in any code of practice under this Act, derogates from the effect of any other enactment for the time being in force.
Object of Act The object of this Act is to promote the prevention of harm to all persons at work and other persons in, or in the vicinity of, a place of work by— (a) promoting excellence in health and safety management, in particular through promoting the systematic manage- ment of health and safety; and defining hazards and harm in a comprehensive way so that all hazards and harm are covered, including harm caused by work-related stress and hazardous behaviour caused by certain temporary conditions; and imposing various duties on persons who are responsible for work and those who do the work; and setting requirements that— (i) relate to taking all practicable steps to ensure health and safety; and (ii) are flexible to cover different circumstances; and recognising that volunteers doing work activities for other persons should have their health and safety pro- tected because their well-being and work are as import- ant as the well-being and work of employees; and recognising that successful management of health and safety issues is best achieved through good faith co-op- (b) (c) (d) (e) (f) 4 5 20 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 2 s 6 (g) (h) eration in the place of work and, in particular, through the input of the persons doing the work; and providing a range of enforcement methods, including various notices and prosecution, so as to enable an ap- propriate response to a failure to comply with the Act depending on its nature and gravity; and prohibiting persons from being indemnified or from in- demnifying others against the cost of fines and infringe- ment fees for failing to comply with the Act.
Section 5: substituted, on 5 May 2003, by section 7 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Part 2 Duties relating to health and safety in employment General duties of employers 6 Employers to ensure safety of employees Every employer shall take all practicable steps to ensure the safety of employees while at work; and in particular shall take all practicable steps to— (a) (b) (c) (d) provide and maintain for employees a safe working en- vironment; and provide and maintain for employees while they are at work facilities for their safety and health; and ensure that plant used by any employee at work is so arranged, designed, made, and maintained that it is safe for the employee to use; and ensure that while at work employees are not exposed to hazards arising out of the arrangement, disposal, ma- nipulation, organisation, processing, storage, transport, working, or use of things— (i) (ii) in their place of work; or near their place of work and under the employer’s control; and (e) develop procedures for dealing with emergencies that may arise while employees are at work.
21 Part 2 s 7 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Duties of employers in relation to hazard management 7 (1) Identification of hazards Every employer shall ensure that there are in place effective methods for— (a) systematically identifying existing hazards to employ- ees at work; and systematically identifying (if possible before, and other- wise as, they arise) new hazards to employees at work; and regularly assessing each hazard identified, and deter- mining whether or not it is a significant hazard.
(b) (c) (2) Where there occurs any accident or harm in respect of which an employer is required by section 25(1) to record particulars, the employer shall take all practicable steps to ensure that the occurrence is so investigated as to determine whether it was caused by or arose from a significant hazard.

Significant hazards to employees to be eliminated if practicable Where there is a significant hazard to employees at work, the employer shall take all practicable steps to eliminate it.
Significant hazards to employees to be isolated where elimination impracticable Where— (a) (b) there is a significant hazard to employees at work; and either— (i) there are no practicable steps that may be taken to eliminate it; or all practicable steps to eliminate it have been taken, but it has not been eliminated,— (ii) the employer shall take all practicable steps to isolate it from the employees.
8 9 22 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 2 s 10 10 Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable (1) Where— (a) (b) there is a significant hazard to employees at work; and either— (i) there are no practicable steps that may be taken to eliminate it; or all practicable steps to eliminate it have been taken, but it has not been eliminated; and (ii) (c) either— (i) (ii) there are no practicable steps that may be taken to isolate it from the employees; or all practicable steps to isolate it from the em- ployees have been taken, but it has not been iso- lated,— (2) the employer shall take the steps set out in subsection (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 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 to monitor the employees’ exposure to the hazard; and to take all practicable steps to obtain the employees’ consent to the monitoring of their health in relation to the hazard; and with their informed consent, to monitor the employees’ health in relation to exposure to the hazard.
(b) (c) (d) (e) (3) An employer does not comply with subsection (2)(b) by— (a) (b) paying an employee an allowance or extra salary or wages instead of providing the protective clothing or equipment; or requiring an employee to provide his or her own pro- tective clothing or equipment as a precondition of em- ployment or as a term or condition in an employment agreement.
23 Part 2 s 11 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (4) However, an employer does not have to comply with subsec- tion (2)(b) in relation to protective clothing if— (a) an employee genuinely and voluntarily chooses to pro- vide his or her own protective clothing for reasons of his or her comfort or convenience; and the employer is satisfied that the protective clothing is suitable in terms of subsection (2)(b).
(b) (5) An employee who has chosen to provide his or her own pro- tective clothing under subsection (4) may, after giving reason- able notice to the employer, choose that the employer provide protective clothing under subsection (2)(b) instead of provid- ing it himself or herself.

(6) Nothing in subsections (4) or (5) derogates from the responsi- bility 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).
Duties of employers in relation to information 11 (1) Employees to be given results of monitoring 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 if— (i) (b) the monitoring was undertaken by or on behalf of a department (within the meaning of the State Sector Act 1988); and the results have been given to an employer.
(ii) (2) Subject to subsection (3), every employer shall ensure that— 24 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 2 s 12 (a) (b) 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 rela- tion to health or safety; and all employees who ask for them are given all results to which this section applies of general monitoring of— conditions in the employee’s place of work; or (i) the health or safety of employees there.
(ii) (3) 12 (1) Every employer shall ensure that— (a) there are omitted from all results to which this sec- tion applies given to any individual employee all infor- mation that identifies, or discloses anything about, any other individual employee; and there are omitted from all results to which this section applies given to any group of employees all informa- tion that identifies, or discloses anything about, any em- ployee.
(b) Information for employees generally and health and safety representatives Every employer shall ensure that every employee who does work of any kind, or uses plant of any kind, or deals with a substance of any kind, in a place of work has been given, and is provided with ready access to, information in a form and manner that the employee is reasonably likely to understand about— (a) what to do if an emergency arises while the employee is doing work of that kind, using plant of that kind, or dealing with substances of that kind, in that place; and all identified hazards to which the employee is or may be exposed while doing work of that kind, using plant of that kind, or dealing with substances of that kind, in that place, and the steps to be taken to minimise the likelihood that the hazards will be a cause or source of harm to the employee; and all identified hazards the employee will or may create while doing work of that kind, using plant of that kind, or dealing with substances of that kind, in that place, and the steps to be taken to minimise the likelihood that (b) (c) 25 Part 2 s 13 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 the hazards will be a cause or source of harm to other people; and (d) where all necessary safety clothing, devices, equip- ment, and materials are kept.
(2) An employer must ensure that all health and safety represen- tatives in a place of work have ready access to sufficient infor- mation about health and safety systems and health and safety issues in the place of work to enable the representatives to per- form their functions effectively.

Section 12 heading: amended, on 5 May 2003, by section 9(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 12(1): amended, on 5 May 2003, by section 9(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 12(2): added, on 5 May 2003, by section 9(3) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Duties of employers in relation to training and supervision Training and supervision Every employer shall take all practicable steps to ensure that every employee who does work of any kind, or uses plant of any kind, or deals with a substance of any kind, in a place of work— (a) either— has; or (i) (ii) is so supervised, by a person who has,— such knowledge and experience of similar places, and work, plant, or substances of that kind, as to ensure that the employee’s doing the work, using the plant, or dealing with the substance, is not likely to cause harm to the employee or other people; and is adequately trained in the safe use of all plant, objects, substances, and protective clothing and equipment that the employee is or may be required to use or handle.
(b) Duties of employers in relation to Police vetting of employees at limited child care centres Heading: inserted, on 21 December 2010, by section 6 of the Health and Safety in Employment Amendment Act 2010 (2010 No 135).
13 26 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 2 s 13D 13A Limited child care centre employees must be suitable A limited child care service provider must take all practicable steps to ensure every employee employed to care for children in a limited child care centre is suitable for that role.

Section 13A: inserted, on 21 December 2010, by section 6 of the Health and Safety in Employment Amendment Act 2010 (2010 No 135).
13B Police vetting of employees at limited child care centres The service provider of a limited child care centre must obtain a Police vet of every person— (a) whom the service provider employs, or intends to em- ploy, in a position at the limited child care centre; and (b) who is to work at the service during normal opening (c) hours; and who is not a registered teacher or holder of a limited authority to teach.
Section 13B: inserted, on 21 December 2010, by section 6 of the Health and Safety in Employment Amendment Act 2010 (2010 No 135).

13C Police vetting of contractors and their employees who (1) (2) work at limited child care centres The service provider of a limited child care centre must obtain a Police vet of every contractor, or the employee of a con- tractor, who has, or is likely to have, unsupervised access to children at the centre during normal opening hours.
In this section, contractor means a person who, under contract (other than an employment contract), works at a limited child care centre.

Section 13C: inserted, on 21 December 2010, by section 6 of the Health and Safety in Employment Amendment Act 2010 (2010 No 135).
13D Police vet must be obtained before person has unsupervised access to children (1) A Police vet required under section 13B or 13C must be ob- tained before the person has, or is likely to have, unsupervised access to children at the centre during normal opening hours.
The service provider of a limited child care centre that is re- quired under section 13B or 13C to obtain a Police vet of a (2) 27 Part 2 s 13E Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 person must apply for the vet no later than 2 weeks after the person begins work at the centre.

Section 13D: inserted, on 21 December 2010, by section 6 of the Health and Safety in Employment Amendment Act 2010 (2010 No 135).
13E Procedures relating to Police vets under section 13B or 13C The service provider of a limited child care centre that applies for a Police vet of a person under section 13B or 13C— (a) must ensure that strict confidentiality is observed for Police vets; and (b) must not take adverse action in relation to a person who is the subject of a Police vet until— (i) the person has validated the information con- tained in the vet; or the person has been given a reasonable opportun- ity to validate the information, but has failed to do so within a reasonable period.
Section 13E: inserted, on 21 December 2010, by section 6 of the Health and Safety in Employment Amendment Act 2010 (2010 No 135).

(ii) 14 15 Employers to involve employees in development of health and safety procedures [Repealed] Section 14: repealed, on 5 May 2003, by section 10 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Other duties Duties of employers to people who are not employees Every employer shall take all practicable steps to ensure that no action or inaction of any employee while at work harms any other person.
Duties of persons who control places of work 16 (1) A person who controls a place of work (other than a home oc- cupied by the person) must take all practicable steps to ensure that no hazard that is or arises in the place harms— 28 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 2 s 16 (a) (b) people in the vicinity of the place (including people in the vicinity of the place solely for the purpose of recre- ation or leisure): people who are lawfully at work in the place— (i) (ii) (iii) as employees of the person; or as contractors engaged by the person; or as subcontractors to a contractor engaged by the person; or as employees of a contractor or subcontractor to whom subparagraph (ii) or subparagraph (iii) ap- plies.
(iv) (2) A person who controls a place of work (other than a home oc- cupied by the person) must take all practicable steps to ensure that no hazard that is or arises in the place harms people— (a) who are in the place with the express or implied consent of the person; and (b) who— (i) (ii) have paid the person (directly or indirectly) to be there or to undertake an activity there; or are there to undertake activities that include buy- ing or inspecting goods from whose sale the per- son derives or would derive (directly or indi- rectly) any gain or reward.
(3) A person who— (a) (b) (c) controls a place of work (other than a home occupied by the person); and knows of any significant hazard that— (i) is in, or is likely to arise in, the place of work; and arises from work that is being carried on, or has been carried on, for gain or reward in the place of work; and (ii) (iii) would not, in the ordinary course of events, be reasonably expected to be in, or to be likely to arise in, a place of work of that type; and either— (i) expressly authorises any other person to be in the place of work; or 29 Part 2 s 17 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (ii) has personally received oral advice that any other person will, under the authority of any enact- ment, be working in the place of work; and is not obliged, in relation to that other person, to comply with subsection (1) or subsection (2)— (d) must take all practicable steps to warn that other person of the significant hazard.
Except in the case of the practicable steps required by this sec- tion to be taken in relation to any person described in subsec- tion (2) or subsection (3)(c)(i), this section does not impose on any person who controls a place of work any duty in respect of any person who is in the place of work solely for the purpose of recreation or leisure.
The warning required to be given to a person to whom subsec- tion (3)(c)(i) applies— (a) must be given to that person at the time at which the express authority to be in the place of work is given to that person; but if the express authority is given in respect of a group of persons or a body of persons, whether corporate or unincorporate, it is sufficient if the warning is given at that time to a representative or member of that group or body of persons.
(b) The oral advice required by subsection (3)(c)(ii) must be given by the person who will be working in the place of work or by that person’s employer.

Section 16: substituted, on 18 March 1998, by section 2 of the Health and Safety in Employment Amendment Act 1998 (1998 No 3).

Duties of self-employed people Every self-employed person shall take all practicable steps to ensure that no action or inaction of the self-employed person while at work harms the self-employed person or any other person.
Duties of principals Every principal shall take all practicable steps to ensure that— no employee of a contractor or subcontractor; and (a) if an individual, no contractor or subcontractor,— (b) (4) (5) (6) 17 18 (1) 30 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 2 s 18A is harmed while doing any work (other than residential work) that the contractor was engaged to do.

Subsection (1) shall be read subject to section 2(2).
(2) 18A Duties of persons selling or supplying plant for use in place of work (1) A person who hires, leases, or loans to another person plant that can be used in a place of work must— (a) ascertain from the other person (so far as is practicable) before hiring, leasing, or loaning the plant— (i) whether the plant is to be used in a place of work; and if so, the intended use of the plant; and (ii) if he or she ascertains that it is to be used in a place of work, take all practicable steps to ensure that the plant is designed and made, and has been maintained, so that it is safe for its intended use.
(b) (3) (2) A person who sells or supplies (other than in a situation covered by subsection (1)) to another person plant that can be used in a place of work must take all practicable steps to ensure that the plant is designed and made, and has been maintained, so that it is safe for any known intended use or any use of that plant that the person could reasonably expect.
In addition to the other obligations in this section, if a person who hires, leases, sells, or otherwise supplies to another person plant to be used in a place of work agrees to install or arrange the plant, the person must take all practicable steps to install or arrange the plant so that it is safe for its intended use.
This section does not apply to the sale of plant, whether or not in trade, if the plant— (a) (b) In subsection (4)(b), as is means that the plant is sold without any representations or warranties about its quality, durability, or fitness, and with the entire risk in those respects to be borne by the buyer.

This section does not limit the Consumer Guarantees Act 1993. is secondhand; and is sold as is.
(5) (6) (4) 31 Part 2 s 19 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Section 18A: inserted, on 5 May 2003, by section 11 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
19 Duties of employees Every employee shall take all practicable steps to ensure— (a) the employee’s safety while at work (including by us- ing suitable protective clothing and suitable protective equipment provided by the employer or, if section 10(4) applies, suitable protective clothing provided by the em- ployee himself or herself); and that no action or inaction of the employee while at work causes harm to any other person.
(b) Section 19(a): amended, on 5 May 2003, by section 12 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Part 2A Employee participation Part 2A: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
19A Purpose of Part 2A The purpose of this Part is to require the participation of em- ployees in processes relating to health and safety in the place of work so that— (a) all persons with relevant knowledge and expertise can help make the place of work healthy and safe; and (b) when making decisions that affect employees and their work, an employer has information from employees who face the health and safety issues in practice.
Section 19A: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

19B General duty to involve employees in health and safety matters 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 employ- ees’ places of work.
(1) 32 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 2A s 19C (3) (4) (2) Without limiting subsection (1), ongoing processes for im- provement of health and safety include the matters referred to in sections 6 to 13.

In complying with this Part, an employer must take into ac- count any approved code of practice for employee participa- tion in workplace health and safety.
If a health and safety committee or a health and safety repre- sentative 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 commit- tee or health and safety representative setting out the reasons for not adopting the proposal.
In subsection (1), reasonable opportunities means opportun- ities that are reasonable in the circumstances, having regard to relevant matters such as— (a) (5) (b) (c) (d) (e) (f) the number of employees employed by the employer; and the number of different places of work for the employ- ees and the distance between them; and the likely potential sources or causes of harm in the place of work; and the nature of the work that is performed and the way that it is arranged or managed by the employer; and the nature of the employment arrangements, including the extent and regularity of employment of seasonal or temporary employees; and the willingness of employees and unions to develop em- ployee participation systems; and the overriding duty to act in good faith.
(g) Section 19B: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
19C Development of employee participation system (1) This section applies if an employer employs— (a) fewer than 30 employees, whether or not at a single lo- cation, and 1 or more of the employees, or a union rep- resenting them, requires the development of a system for employee participation; or 33 Part 2A s 19C Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (2) (b) 30 or more employees, whether or not at a single loca- tion.
The following persons must co-operate in good faith to seek to develop, agree, implement, and maintain a system that sets out the ways in which the employer must seek to comply with section 19B(1): (a) (b) (c) the employer: the employees who wish to be involved: a union or unions representing any of the employees.
(3) A system must specify a process by which it must be reviewed, but otherwise may include any matters on which the employer, employees, and any union representing them, agree complies with this Part; provided that in doing so they must take into account Part 1 of Schedule 1A and Part 2 of Schedule 1A; and provided further that, at any time after the expiry of 12 months from the date the system is agreed, 1 or more employees or a union on their behalf may initiate the development of a new employee participation system in accordance with this Act.
(4) A system may include a provision increasing or decreasing the maximum— (a) (b) number of days’ paid leave that the employer is required to allow a health and safety representative to take for health and safety training under section 19E(1): total number of days’ paid leave that the employer is required to allow health and safety representatives to take for health and safety training under sections 19E(2) and 19F.
(6) (5) A system may allow for more than 1 health and safety repre- sentative or health and safety committee and, in that case, each representative or committee may represent a particular type of work, or place of work of the employer, or another grouping.
Subsection (2) is complied with if a system of employee par- ticipation in health and safety in the place of work is in exis- tence that was implemented before the commencement of this section and if— (a) it complies with section 19B or is amended to comply with section 19B; and it specifies a process for its review or is amended to specify a process for its review; and (b) 34 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 2A s 19E (7) (c) it is acceptable to the persons referred to in subsection (2).
If a system is no longer in place, or functioning, a new system must be developed, agreed, implemented, and maintained in accordance with this section.

Section 19C: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
19D Provisions that apply if employer and employees fail to develop system for employee participation Part 3 of Schedule 1A applies if an employer is required to seek to develop a system for employee participation under section 19C and a system is not developed within the relevant time period set out in Part 3 of Schedule 1A.

Section 19D: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
(2) 19E Training of health and safety representatives (1) An employer must allow a health and safety representative 2 days’ paid leave each year to attend health and safety training approved under section 19G.

The number of days’ paid leave that an employer must allow a health and safety representative to take in a year is subject to the maximum total number of days’ paid leave that that employer is required to allow under section 19F.
Sections 78 and 79 of the Employment Relations Act 2000 apply when a health and safety representative is proposing to take, and is taking, the leave as if— (a) (b) In this section and section 19F, year— (a) means a period of 12 months beginning on 1 April and the representative were an eligible employee; and the leave were employment relations education leave.

(4) (3) (b) ending on the close of 31 March; and includes the period beginning on 5 May 2003 and end- ing on the close of 31 March 2004.
(5) Subsections (1) and (2) are subject to section 19C(4).

Section 19E: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
35 Part 2A s 19F Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 19F Calculation of maximum total number of days’ paid leave (1) for health and safety training The maximum total number of days’ paid leave that an em- ployer is required to allow in a year under section 19E is based on the number of employees employed by the employer as at the specified date in the year, and is determined in accordance with the following table: Employees as at the specified date in a year Maximum total number of days’ paid leave that employer is required to allow to be taken 1–5 6–50 51–280 281 or more 2 6 1 day for every 8 employees or part of that number 35 days plus 5 days for every 100 employees or part of that number (2) (3) In this section, specified date— (a) means 1 April; and (b) for the period beginning on 5 May 2003 and ending on the close of 31 March 2004, includes 5 May 2003.
This section is subject to section 19C(4)(b).

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

19G Minister may approve occupational health and safety training The Minister may approve courses of occupational health and safety training to be carried out at a place of work or elsewhere.
The Minister may approve a course only if he or she is satisfied that the course is— consistent with the object of this Act; and (a) relevant to the role of a health and safety representative.

(b) The Minister may delegate his or her power under subsection (1) to 1 or more persons.

To avoid doubt, a course approved under this section may be a course that is also approved under section 72 of the Employ- ment Relations Act 2000.
(1) (2) (3) (4) 36 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 3 s 20 Section 19G: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 19G(1): amended, on 1 December 2004, by section 3 of the Health and Safety in Employment Amendment Act 2004 (2004 No 87).

19H System for employee participation in Armed Forces (1) (2) This Part does not apply to members of the Armed Forces.
The Chief of Defence Force must develop and implement a system for employee participation in workplace health and safety for members of the Armed Forces.

The system must be consistent with section 19B.

The Chief of Defence Force must consult with the Secretary when developing the system.

Section 19H: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
(3) (4) 19I Meaning of employee in sections 19C(1) and 19F(1) In sections 19C(1) and 19F(1), an employee means an em- ployee who has worked for his or her employer for at least 180 hours over the previous 12-month period.

Section 19I: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Part 3 Standards Codes of practice Codes of practice 20 (1AA) The Minister may direct the Secretary to prepare, and submit for the Minister’s approval in accordance with this section, a statement, amendment, or revocation referred to in subsection (1) that relates to a particular health and safety issue.
The Secretary may from time to time publish in the Gazette notice that the Secretary has asked the Minister to approve— a statement of preferred work practices or arrange- (a) ments; or a statement of preferred aims, arrangements, practices, or principles (or any 2 or more of those matters) for (aa) (1) 37 Part 3 s 20 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (ab) (ac) the design of plant, protective clothing, or protective equipment, of any kind or description; or a statement of preferred arrangements, characteristics, components, configurations, elements, or states (or any 2 or more of those matters) for manufactured plant, manufactured protective clothing, or manufactured pro- tective equipment, of any kind or description; or a statement of preferred characteristics for any manu- factured or processed substance used or capable of be- ing used— (i) in or in connection with any protective clothing or protective equipment; or otherwise for or in connection with protecting people from hazards; or (ii) (ad) (b) a statement of preferred practices or arrangements re- lating to employee participation in health and safety in the place of work; or the amendment or revocation of an approved code of practice.
(2) A notice that the Secretary has asked the Minister to approve a statement under subsection (1) shall include a description of the general purport of the statement; and a notice that the Secretary has asked the Minister to approve the amendment of an approved code of practice shall include a description of the general purport of the amendment.
Subject to subsection (13), if— (a) (3) (b) at least a month has passed since the publication of a notice under subsection (1); and the Minister has— (i) consulted all persons affected, or reasonably likely to be affected, by the statement, amend- ment, or revocation concerned (or representa- tives of those persons); and given them a reasonable time within which to comment; and— considered all written comments (from any per- son) received within that time,— the Minister may, by notice in the Gazette, approve the state- ment, amendment, or revocation.
(iii) (ii) 38 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 3 s 20 (4) A notice under subsection (3) shall come into force on the later (5) (6) (7) of the following days: (a) the 28th day after the date of its publication in the Gazette: a day specified in the notice.

(b) The publication by the Minister of a notice in the Gazette ap- proving a statement, amendment, or revocation is conclusive proof that subsection (3)(b) has been complied with in respect of the notice.
The Secretary shall ensure that at all reasonable times copies of approved codes of practice are available at every office of the department that deals with matters relating to health and safety in employment for inspection and copying by the public.

The Secretary may charge any person a reasonable fee for— providing the person with a copy of an approved code (a) of practice; or allowing the person to use equipment under the Secre- tary’s control to copy all or any part of an approved code of practice.
(b) (8) Nothing in subsection (6) or subsection (7) requires the Sec- retary to allow any person to use equipment under the Secre- tary’s control to copy all or any part of an approved code of practice.
(9) A court may, in determining whether or not a person charged with failing to comply with any provision of this Act has com- plied with the provision, have regard to any approved code of practice that— (a) (b) was in force at the time of the alleged failure; and in the form in which it was then in force, related to matters of a kind to which the provision relates.
In the absence of proof to the contrary, a document purporting to be an approved code of practice, or an amendment of an approved code of practice, issued by the Secretary shall in any proceedings be deemed to be an approved code of practice or an amendment of an approved code of practice.

(10) (11) Nothing in subsection (10) limits any method of proof of an approved code of practice or an amendment of an approved code of practice.
39 Part 3 s 20 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (12) Subject to subsection (13), an approved code of practice may incorporate, adopt, or apply, with or without modification, all or any part of any other document prepared or issued by any body or authority, including the Environmental Protection Au- thority established by section 7 of the Environmental Protec- tion Authority Act 2011.
(13) The Minister shall not— (a) (b) adopt with modification— (i) any document previously approved by another Minister of the Crown; or any compliance document (within the meaning of the Building Act 2004); or (ii) approve any amendment of any part of a code of prac- tice that comprises a document referred to in paragraph (a),— without the consent of the other Minister (or the the chief ex- ecutive of the department of State responsible for the admin- istration of the Building Act 2004).
Section 20(1AA): inserted, on 5 May 2003, by section 14(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 20(1)(aa): inserted, on 18 March 1998, by section 3(1) of the Health and Safety in Employment Amendment Act 1998 (1998 No 3).

Section 20(1)(ab): inserted, on 18 March 1998, by section 3(1) of the Health and Safety in Employment Amendment Act 1998 (1998 No 3).
Section 20(1)(ac): inserted, on 18 March 1998, by section 3(1) of the Health and Safety in Employment Amendment Act 1998 (1998 No 3).

Section 20(1)(ad): inserted, on 5 May 2003, by section 14(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 20(2): amended, on 18 March 1998, by section 3(2)(b) of the Health and Safety in Employment Amendment Act 1998 (1998 No 3).
Section 20(12): amended, on 1 July 2011, by section 53(1) of the Environmental Protection Authority Act 2011 (2011 No 14).

Section 20(12): amended for all other purposes, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

Section 20(12): amended for those items relating to new organisms, on 29 July 1998, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).
Section 20(13): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 20(13)(a): substituted, on 31 March 2005, by section 414 of the Build- ing Act 2004 (2004 No 72).

40 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 3 s 21 Section 20(13)(b): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
Regulations 21 (1) (2) (3) Regulations Subject to subsection (2), the Governor-General may from time to time, on the recommendation of the Minister, by Order in Council, make regulations— (a) (ii) (iii) imposing duties relating to the health or safety of em- ployees or other people on all or any of the following: employers, and other persons who or that control (i) places of work: employees: designers, manufacturers, sellers, and suppliers, of plant, substances, protective clothing, or pro- tective equipment: principals, or self-employed persons: (iv) providing for any other matters contemplated by, or ne- cessary for giving full effect to, this Act.
(b) The Minister shall not recommend the making of any regula- tions without first consulting all persons and organisations the Minister thinks appropriate, having regard to the regulations’ content.
The Minister, before recommending the making of any regula- tions relating to hazardous substances or new organisms, must consult the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011 about the contents of such regulations, and shall take into ac- count any submissions made by that Authority.

Section 21(1)(a)(iv): added, on 5 May 2003, by section 15 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 21(3): brought into force for all other purposes, on 2 July 2001, by clause 2 of the Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171).

Section 21(3): added for those items relating to new organisms, on 29 July 1998, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

Section 21(3): amended, on 1 July 2011, by section 53(1) of the Environmental Protection Authority Act 2011 (2011 No 14).
41 Part 3 s 22 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Application of regulations Regulations under section 21(1)(a) may impose duties— (a) on all employers or other persons who or that control places of work: on employers, or other persons who or that control places of work, of a particular kind or description: on all employees: on employees of a particular kind or description: on all manufacturers, sellers, or suppliers of plant, sub- stances, protective clothing, or protective equipment: on manufacturers, sellers, or suppliers of plant, sub- stances, protective clothing, or protective equipment, of a particular kind or description: on manufacturers, sellers, or suppliers, of a particu- lar kind or description, of plant, substances, protective clothing, or protective equipment: in respect of places of work, plant, processes, activities, or substances, of all kinds and descriptions: in respect of places of work, plant, processes, activities, or substances, of a particular kind or description.
Other provisions relating to regulations Regulations made under section 21(1)(a) may provide for all or any of the following matters: (a) the registration, licensing, or certification of plant, and places of work: the recording, notification, and investigation of the oc- currence in places of work of events that (whether or not any person was in fact harmed) might have caused any person serious harm: the notification of the use of plant, places of work, sub- stances, or work, of a particular kind: the notification of the use of plant, places of work, or substances in a particular manner or for a particular pur- pose: persons engaged in particular work or activities to hold, or employ people holding, certificates of competence or registration: (b) (c) (d) (e) (f) (g) (h) (i) (b) (c) (d) (e) 22 23 (1) 42 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 3 s 23 (f) (g) (h) (i) (j) (k) (l) (m) (n) the issue, renewal, cancellation, and suspension of cer- tificates of competence, and the examination of appli- cants for certificates of competence: the recognition and withdrawal of recognition of organ- isations issuing certificates empowering other organisa- tions, and individuals, to undertake functions and tasks: the issue, renewal, cancellation, and suspension by recognised organisations of certificates empowering other organisations, and individuals, to undertake func- tions and tasks: the undertaking of functions and tasks by the holders of certificates issued by recognised organisations: the payment of fees in respect of— (i) (ii) matters provided for in this Act; and acts performed and services provided under this Act: the granting of exemption from any obligation or re- quirement under the regulations: the approval, and withdrawal of approval, of testing in- stitutions: the procedures of inquiries under section 27: the provision of accommodation for employees, con- tractors, subcontractors, or employees of contractors or subcontractors.
(2) Regulations made under section 21(1)(a) may incorporate by reference all or any part of any— (a) (b) New Zealand Standard: standard, requirement, recommended practice, rule, statute, or regulation, of any foreign government or organisation: document published by or by the authority of the Gov- ernment of New Zealand.
(c) (3) Any material incorporated in regulations by reference shall be deemed for all purposes to form part of the regulations; but any amendment made to the material after the commencement of the regulations shall not have effect until regulations have been made incorporating the amendment into the regulations.
43 Part 3 s 24 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (5) (4) A copy of all material incorporated in regulations by reference shall be made available at the Head Office of the department for inspection by the public free of charge.

Regulations made under section 21(1)(a) may impose prohib- itions.

Regulations made under section 21(1)(a) may apply differ- ently to people of a differing age or health status, and may apply only to people of a particular age or health status.
The fact that any provision of any regulations made under this Act contains an example does not limit or affect the generality of any other provision of those regulations.
(7) (6) Saving of regulations made under certain repealed enactments Regulations that— (a) were made under an enactment repealed by this Act (whether alone or in conjunction with any other enact- ment or enactments); and have not been revoked by this Act,— (b) may be amended or revoked by regulations made under this Act; but until so revoked shall continue in force as if that en- actment had not been repealed.
Part 4 General provisions Accidents Recording and notification of accidents and serious harm Every employer shall maintain (in the prescribed form) a regis- ter of accidents and serious harm; and shall record in the regis- ter the prescribed particulars relating to— (a) every accident that harmed (or, as the case may be, might have harmed)— (i) (ii) any employee at work; or any person in a place of work controlled by the employer; and (b) every occurrence of serious harm to an employee at work, or as a result of any hazard to which the employee 24 25 (1) 44 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 25 was exposed while at work, in the employment of the employer.
(1A) Every self-employed person must maintain (in the prescribed form) a register of accidents and serious harm, and must record in the register the prescribed particulars relating to— (a) every accident that harmed (or, as the case may be, might have harmed) the self-employed person at work; and every accident resulting from the work of the self-em- ployed person that harmed (or, as the case may be, might have harmed) any person; and every occurrence of serious harm to the self-employed person— (i) (ii) while at work; or as a result of any hazard to which the self-em- ployed person was exposed while at work.
(1B) Every principal must maintain (in the prescribed form) a regis- ter of accidents and serious harm, and must record in the regis- ter the prescribed particulars relating to— (a) every accident that the principal becomes aware of that harmed (or, as the case may be, might have harmed) a self-employed person while at work and contracted to the principal; and every accident that the principal becomes aware of— (i) resulting from the work of a self-employed per- son while at work and contracted to the principal; and that harmed (or, as the case may be, might have harmed) any person; and (ii) every occurrence of serious harm to a self-employed person— (i) (ii) while at work and contracted to the principal, or as a result of any hazard to which the self-em- ployed person was exposed while at work and contracted to the principal.
(1C) Subsection (1B) does not require the occupier of a home to maintain a register or record accidents or serious harm that occur to self-employed persons at work in the home.
Subsection (3) applies to— (2) (b) (c) (b) (c) 45 Part 4 s 25A Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (3) (a) (b) serious harm in respect of which an employer, self-em- ployed person, or principal is required by this section to record particulars; and accidents of a kind or description required by regula- tions made under section 21 to be notified to the Secre- tary.
If there occurs any serious harm or accident to which this sub- section applies, the employer, self-employed person, or prin- cipal concerned must,— (a) as soon as possible after the occurrence becomes known to the employer, self-employed person, or principal, no- tify the Secretary of the occurrence; and (b) within 7 days after the occurrence, or, if the occurrence is not known to the employer, self-employed person, or principal within that period, as soon as possible after it becomes known, give the Secretary written notice, in the prescribed manner, of the circumstances of the occurrence.
(4) Notification of an accident in accordance with either or both of the following provisions is compliance with subsection (3)(a): (a) (b) Section 25(1A): inserted, on 5 May 2003, by section 16(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

section 17(3) of the Gas Act 1992: section 16(3) of the Electricity Act 1992.

Section 25(1B): inserted, on 5 May 2003, by section 16(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 25(1C): inserted, on 5 May 2003, by section 16(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 25(2)(a): amended, on 5 May 2003, by section 16(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 25(3): substituted, on 5 May 2003, by section 16(3) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 25(4): added, on 5 December 2006, by section 4 of the Health and Safety in Employment Amendment Act 2006 (2006 No 72).
25A Transfer of accident information The Secretary must, as soon as practicable after he or she is notified of an accident under section 25, provide the notice or information that has been given to the Secretary to— 46 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 27 (a) (b) the person who must be notified of the particulars of an accident under section 17(3) of the Gas Act 1992 if the Secretary is of the opinion that section 17 of that Act applies to the accident; and the person who must be notified of the particulars of an accident under section 16(3) of the Electricity Act 1992 if the Secretary is of the opinion that section 16 of that Act applies to the accident.
Section 25A: inserted, on 5 December 2006, by section 5 of the Health and Safety in Employment Amendment Act 2006 (2006 No 72).
No interference at accident scene 26 (1) Where a person is seriously harmed while at work, no person shall, unless authorised to do so by an inspector, remove or in any way interfere with or disturb any wreckage, article, or thing related to the incident except to the extent necessary— to save the life of, prevent harm to, or relieve the suf- (a) fering of, any person; or to maintain the access of the general public to an essen- tial service or utility; or (c) to prevent serious damage to or serious loss of property.
Subsection (1) does not apply where a person is seriously harmed by— (a) (2) (b) (b) an accident involving a motor vehicle on a public high- way; or an accident being investigated under Part 8 of the Shipping and Seamen Act 1952, the Armed Forces Discipline Act 1971, the Civil Aviation Act 1990, the Transport Accident Investigation Commission Act 1990, the Electricity Act 1992, or the Gas Act 1992; or an accident being investigated by a constable.
(c) Section 26(2)(b): amended, on 1 April 1993, by section 173(2) of the Electricity Act 1992 (1992 No 122).

Section 26(2)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
27 (1) Inquiry into cause of accident If an accident happens at any place of work, or if any person is seriously harmed while at work, the Minister may, after con- sultation with the Minister of the Crown who is responsible 47 Part 4 s 28 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (2) (3) (4) for the Ministry of Justice, direct an inquiry to be held before a District Court Judge.
To assist the Judge, the Minister may appoint 2 or more people with skills or knowledge relevant to the subject matter of the inquiry.

The Judge may hold the inquiry at any times and places the Judge appoints, and shall report on the cause of the accident to the Minister.

The Judge has all the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908; and subject to subsec- tions (2) and (3), that Act shall apply accordingly.
(5) Nothing in subsection (1) applies to an accident or occurrence that is being (or has been) investigated under the Armed Forces Discipline Act 1971.

Section 27(1): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Section 27(1): amended, on 1 July 1995, by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
28 Coroner may call for report on fatal accident If so requested by a coroner, an inspector shall give the coroner a written report on the circumstances of any fatal accident that occurred at a place of work.

Right of employees to refuse to perform work likely to cause serious harm Heading: inserted, on 5 May 2003, by section 17 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
28A Employees may refuse to perform work likely to cause serious harm (1) An employee may refuse to do work if the employee believes that the work that the employee is required to perform is likely to cause serious harm to him or her.
(2) An employee who, under subsection (1), is refusing to do work may continue to refuse to do the work if— (a) the employee attempts to resolve the matter with the employer as soon as practicable after first refusing to do the work; and 48 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 28A (b) (c) the matter is not resolved; and the employee believes on reasonable grounds that the work is likely to cause serious harm to him or her.
(3) Without limiting subsection (2)(c), reasonable grounds exist for the purpose of that paragraph if a health and safety repre- sentative has advised the employee that the work that the em- ployee is required to perform is likely to cause serious harm to the employee.

(4) A health and safety representative must not give advice under subsection (3) unless he or she has reasonable grounds for be- lieving that the work that the employee is required to perform is likely to cause serious harm to the employee.
(5) An employee may not refuse to do work that, because of its nature, inherently or usually carries an understood risk of ser- ious harm unless the risk has materially increased beyond the understood risk.

(6) An employee who refuses to do work must do any other work within the scope of the employee’s employment agreement that the employer reasonably requests.

This section does not limit an employee’s right to refuse to do work under another enactment or the general law.
To avoid doubt— (a) (7) (8) (b) in situations to which this section applies, the employer, employee, and health and safety representative must deal with each other in good faith; and a question about the application of this section to a par- ticular situation is an employment relationship problem for the purposes of the Employment Relations Act 2000.

Subsection (8)(b) does not apply to members of the Armed Forces.
Section 28A: inserted, on 5 May 2003, by section 17 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

(9) Enforcement by other agencies Heading: inserted, on 5 May 2003, by section 17 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
49 Part 4 s 28B Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (2) 28B Enforcement by other agencies (1) The Prime Minister may, having regard to the specialist know- ledge of relevant agencies, by notice in the Gazette, designate an agency to administer this Act for a particular industry, sec- tor, or type of work.
In carrying out functions under this Act, the chief executive of the agency must comply with policy directions on occupa- tional safety and health given to him or her and signed by the Minister and the Minister responsible for that agency.

(3) A copy of the policy direction must be presented to the House of Representatives within 10 working days after the date that it is given to the chief executive.

This Act applies as if references to the Secretary were refer- ences to the chief executive of the agency.
In this section,— agency means— (a) (b) a government department: a Crown entity within the meaning of section 2(1) of the Public Finance Act 1989: the New Zealand Police: the New Zealand Defence Force (c) (d) chief executive includes the Commissioner of Police and the Chief of Defence Force.

Section 28B: inserted, on 5 May 2003, by section 17 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
(5) (4) Inspectors 29 (1) Inspectors The Secretary may appoint any person who has passed the prescribed examinations or acquired the prescribed experience to be a health and safety inspector for the purposes of this Act.

(2) An inspector shall perform and exercise the functions and powers of an inspector subject to the directions and conditions (if any) for the time being imposed by the Secretary.

Every inspector shall have a certificate of appointment, in a form approved by the Secretary.
(3) 50 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 31 30 31 (1) (b) (c) (d) (b) (c) (d) (e) Functions of inspectors The functions of an inspector are— (a) to help employers, employees, and other persons to im- prove safety at places of work, and the safety of people at work, by providing information and education; and to ascertain whether or not this Act has been, is being, or is likely to be complied with; and to take all reasonable steps to ensure that this Act is being complied with; and all other functions conferred on inspectors by this Act or any other enactment.
Section 30(b): amended, on 5 May 2003, by section 18 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Powers of entry and inspection For the purpose of performing any function as an inspector, any inspector may at any reasonable time enter any place of work and— (a) conduct examinations, tests, inquiries, and inspections, or direct the employer or any other person who or that controls the place of work, to conduct examinations, tests, inquiries, or inspections: be accompanied and assisted by any other people and bring into the place of work any equipment necessary to carry out the inspector’s functions: take photographs and measurements and make sketches and recordings: require the employer, or any other person who or that controls the place of work, to ensure that the place of work or any place or thing in the place of work specified by the inspector is not disturbed for a reasonable period pending any examination, test, inquiry, or inspection: require the employer, or any other person who or that controls the place of work, to produce documents or in- formation relating to the place of work or the employees who work there and permit the inspector to examine and make copies or extracts of the documents and informa- tion: 51 Part 4 s 31 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (f) require the employer, or any other person who or that controls the place of work, to make or provide state- ments, in any form and manner the inspector specifies, about conditions, material, or equipment that affect the safety or health of employees who work there.
(1A) An inspector may do any of the things referred to in subsection (1), whether or not— (a) (b) (c) (d) (e) (f) the inspector or the person whom the inspector is deal- ing with is in the place of work; or the place of work is still a place of work; or the employer’s employees work in the place of work; or the person who was in control of the place of work is still in control of it; or the employer’s employees are still employed by the em- ployer; or in respect of a document or information, the document or information is— (i) (ii) (iii) in the place of work; or in the place where the inspector is; or in another place.
(2) Notwithstanding subsection (1) or subsection (1A), an in- that is, or is within, a home; or through a home,— spector shall not enter a place of work— (a) (b) except with the consent of an occupier or pursuant to a warrant issued under subsection (3).
(3) A District Court Judge who, on application made on oath, is satisfied that there is reasonable ground for believing that a home— (a) (b) is a place of work or has a place of work inside it; or is the only practicable means through which a place of work may be entered,— may issue to an inspector named in it a warrant to enter any part of the home that is, or is the only practicable means through which the inspector may enter, the place of work.
(4) Notwithstanding subsection (1), an inspector shall not enter a defence area (within the meaning of section 2(1) of the De- fence Act 1990) except in accordance with a written agreement between the Secretary and the Chief of Defence Force entered 52 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 33 into for the purposes of this section and for the time being in force.
(5) Notwithstanding subsection (1)(e), if all or any part of a docu- ment, or of any information, relates to any person’s health sta- tus and identifies the person, no inspector shall, without the person’s consent,— (a) (b) (c) make any copy or extract from,— the document or information (or that part of the document or information).
require any person to produce; or examine; or (6) No person is required on examination or inquiry under this sec- tion to give any answer or information tending to incriminate the person.

Section 31(1A): inserted, on 5 May 2003, by section 19(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 31(2): amended, on 5 May 2003, by section 19(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
32 (1) Inspectors to prove identity Every inspector who enters any place of work under the au- thority of this Act shall, on first entering and, if requested, at any later time, produce to the person apparently in charge the inspector’s certificate of appointment.
(2) Where an inspector enters any place of work under the au- thority of this Act and is unable, despite reasonable efforts, to find any person apparently in charge, the inspector shall before leaving the place of work leave a written notice stating— (a) (b) the inspector’s identity; and the address of a place where the inspector may be con- tacted; and the date and time of entry; and the inspector’s reasons for entering.
(c) (d) 33 Powers to take samples and other objects and things (1) An inspector who enters a place of work or a former place of work under section 31 may take or remove a sample of a sub- stance or thing for analysis, or seize and retain any material, substance, or thing, for the purpose of— 53 Part 4 s 33 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (a) monitoring conditions in the place; or (b) determining the nature of any material or substance in the place; or determining whether or not this Act has been, is being, or is likely to be complied with; or gathering evidence to support the taking of enforcement action.
(c) (d) (2) Where an inspector removes or retains a sample, material, sub- stance, or thing under subsection (1), the following provisions shall apply: (a) as soon as it is reasonable after removing or retaining it, the inspector shall give the employer or other person apparently in charge of the place of work concerned written notice of— (i) what has been (or is being) removed or retained; and (ii) why it has been (or is being) removed or retained; and (b) (c) (iii) where it will be kept in the meantime: subject to paragraph (c), within 7 days of removing or retaining it, the inspector shall give the employer or other person apparently in charge of the place of work concerned written notice of whether the inspector in- tends to return it or destroy it: where it is practicable to do so the sample, material, substance, or thing shall be returned to its owner— (i) (ii) when it is no longer required for any purpose under this Act (or any other enactment); or if a court earlier orders its return.
This section does not allow an inspector to take a sample from a person’s body unless the inspector has that person’s informed consent to the taking of the sample.

Section 33(1): substituted, on 5 May 2003, by section 20(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 33(3): added, on 5 May 2003, by section 20(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
(3) 54 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 36 Departmental medical practitioners 34 (1) Appointment of departmental medical practitioners The Secretary may appoint any medical practitioner to be a departmental medical practitioner.

(2) A departmental medical practitioner shall exercise the powers of a departmental medical practitioner subject to the directions and conditions (if any) for the time being imposed by the Sec- retary.
Every departmental medical practitioner shall have a certifi- cate of appointment, in a form approved by the Secretary.

(3) (4) A departmental medical practitioner ceases to be a departmen- tal medical practitioner on ceasing to be a medical practitioner.

Section 34(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 34(4): substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
35 36 Powers of entry and inspection of departmental medical practitioners For the purposes of this Act, any departmental medical practi- tioner may at any reasonable time enter any place of work and do anything specified in any of paragraphs (a), (b), (c), and (e) of section 31(1) as if the departmental medical practitioner is an inspector; and subsections (2) to (4), and (6) of section 31, and section 32 shall have effect accordingly.
(b) Departmental medical practitioners may require medical examinations of employees If satisfied that— (a) any employee is, has been, or may have been, exposed to a significant hazard while at work; and by examining the employee or causing a sample taken from the employee to be tested or analysed, it is likely to be possible to determine— (i) whether or not the employee is or has been ex- posed to the hazard; or the extent to which the employee is or has been exposed to the hazard; or (ii) 55 Part 4 s 37 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (iii) the extent to which the employee’s health has been or may have been affected by exposure to the hazard,— a departmental medical practitioner may, by notice in writing to the employee, require the employee— (c) to— (i) (ii) (d) to— (i) (ii) (iii) be examined by a medical practitioner; and provide to the departmental medical practitioner a certificate from the medical practitioner as to the employee’s fitness for work; or allow a person (or person of a kind) specified in the notice to take from the employee a sample of a kind specified in the notice; and have the sample tested or analysed by a person (or person of a kind) specified in the notice in a manner specified in the notice; and provide the departmental medical practitioner with a written report from the person who tests or analyses the sample on the results of the tests and analyses done; or both.
(e) Section 36(c)(i): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 36(c)(ii): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Departmental medical practitioners may suspend employees in certain cases If satisfied on reasonable grounds that— (a) an employee— (i) (ii) is, has been, or may have been, exposed to a significant hazard while at work; and has failed or refused, without reasonable cause, to comply with a notice under section 36; or an employee has been so harmed by exposure to a sig- nificant hazard while at work that the employee should not continue to be exposed to the hazard,— (b) 37 (1) 56 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 39 the departmental medical practitioner may, by written notice to the employee (a copy of which the departmental medical practitioner shall give to the employer),— (c) require the employee to cease doing anything specified in the notice that, in the departmental medical practi- tioner’s opinion, constitutes, causes, or enhances the employee’s exposure to the hazard; and require the employer to ensure that the employee ceases doing the thing or things specified in the notice.
Every employee and employer shall comply with a suspension notice.

(d) Administrative provisions Sections 44 to 48, 57, and 58 shall have effect in relation to departmental medical practitioners and suspension notices as if— (a) every reference to an inspector is a reference to a de- partmental medical practitioner; and every reference to a notice is a reference to a suspension notice.
(b) (2) 38 Improvement and prohibition notices Inspectors may issue improvement notices 39 (1) An inspector who believes on reasonable grounds that any per- son is failing to comply with any provision of this Act may give the person written notice to comply with the provision.
(2) An inspector who believes that— (a) (b) any person has failed to comply with any provision of this Act; and the failure (or a similar failure) is likely to occur again,— may give the person written notice to comply with the provi- sion.
(3) An improvement notice shall state that the inspector concerned believes that the person to whom or which it relates is failing, or has failed and is likely to fail again, to comply with a pro- vision of this Act, and shall specify— (a) the provision; and 57 Part 4 s 40 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (b) (c) (d) the inspector’s reasons for believing that the person is failing, or has failed and is likely to fail again, to comply with it; and the nature of the failure or likely failure; and a day before which compliance is to be completed.
(4) An improvement notice may specify steps that could be taken (5) to ensure compliance with the provision concerned.

Every person to whom or to which an improvement notice is given or posted shall comply with it.
How improvement notices to be given 40 (1) An improvement notice may be— (a) (b) (c) given to a person to whom or which it relates; or given to a person apparently in charge of any activity, building, place of work, plant, process, situation, struc- ture, or substance to which the provision of this Act that the inspector believes has not been complied with ap- plies; or posted to any such person by registered letter.
(2) An improvement notice posted under subsection (1)(c) shall be deemed to have been received on the seventh day after it was posted.
Inspectors may issue prohibition notices 41 (1) An inspector who believes that, by virtue of a failure to com- ply with a provision of this Act, there is a likelihood of serious harm to any person may give written notice to stop the carry- ing on, continuing, operating, storing, transporting, or use of the activity, building, place of work, plant, process, situation, structure, or substance, that the inspector believes to consti- tute the hazard that is likely to cause the harm concerned until an inspector is satisfied that measures sufficient to eliminate the hazard, or minimise the likelihood that the hazard will be a source of harm, have been taken.
(2) A prohibition notice shall specify— (a) (b) the hazard to which it relates; and the inspector’s reasons for believing that it is likely to cause the harm concerned.

58 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 45 (3) A prohibition notice may require the withdrawal of all employ- ees of a specified kind or description except such employees as may be necessary to deal with the hazard.
(4) A prohibition notice may specify steps that could be taken to eliminate the hazard concerned or minimise the likelihood that the hazard will be a source of harm.

42 (1) (2) 43 44 Service of prohibition notices The inspector who gives a prohibition notice shall fix it to or near the part of the place of work or plant to which it re- lates; and no person shall remove it unless authorised by an inspector.
The inspector shall give a copy of the notice to any person apparently in charge of the activity, building, place of work, plant, process, situation, structure, or substance, that the in- spector believes to constitute the hazard that has caused or is likely to cause the harm concerned.
Compliance with prohibition notices Every person to whom a prohibition notice is given, and every person who controls a place of work or any plant to which a prohibition notice relates, shall ensure that no action is taken in contravention of it.

How notices to be addressed An inspector’s notice may be addressed to any person under the person’s legal name or usual business name or style.
45 Matters may be completed by different inspectors (1) If an inspector has given any notice, authorisation, or consent under this Act (whether or not subject to conditions) any in- spector may— (a) (b) (c) (d) take further steps on or in relation to it; or revoke or withdraw it; or from time to time vary it; or revoke, or from time to time vary, any condition on or subject to which it was given.

(2) This section does not apply to an infringement notice.
59 Part 4 s 46 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Section 45(2): added, on 5 May 2003, by section 21 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Appeals Appeals against notices 46 (1) Any person affected by an inspector’s notice or any variation of an inspector’s notice may, within 14 days of its being given, appeal against it to a District Court on the grounds that it is unreasonable.
The court shall inquire into the circumstances of the notice or variation, and may vary, rescind, or confirm it.

(2) (3) An appeal against an inspector’s notice or variation does not (4) operate as a stay of the notice or variation.
Subsections (1) to (3) shall have effect in respect of— (a) any notice given by an inspector under regulations made under this Act; and any failure or refusal by an inspector to give or allow an exemption, suspension, or variation provided for in regulations made under this Act,— (b) as if it is an inspector’s notice.

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 describes a hazard identified in a place of work; and is in the prescribed form; and hazard notices In this section,— hazard notice means a notice that— (a) (b) (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.
(1) 60 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 47 (2) (3) (4) (5) (6) 47 Subsection (3) applies if a trained health and safety represen- tative— (a) believes on reasonable grounds that there is a hazard in the place of work of the representative’s employer; and has brought the hazard to the attention of the employer; and has discussed or attempted to discuss with the employer steps for dealing with the hazard.
(b) (c) The trained health and safety representative may give the em- ployer a hazard notice if— (a) the employer refuses to discuss, or take steps to deal with, the hazard; or 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 the representative believes on reasonable grounds that the employer has failed to meet the requirements of sec- tion 6 in relation to the hazard within a time agreed dur- ing the discussion.
(b) (c) If a hazard notice has been given by a trained health and safety representative, the representative may notify an inspector of that fact.

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

In this section, employer includes a representative of the em- ployer.

Section 46A: inserted, on 5 May 2003, by section 22 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Duties in respect of inspectors Duty of assistance Every person on whom or which any duty is imposed by this Act— (a) (b) shall at all reasonable times furnish; and shall ensure that at all reasonable times the person’s agents and employees furnish,— 61 Part 4 s 48 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 the means required by any inspector for an entry, inspection, examination, inquiry, or the exercise of any other power, under this Act in relation to the duty.
48 Obstruction, etc No person shall without reasonable cause— obstruct, delay, hinder, or deceive; or (a) cause to be obstructed, delayed, hindered, or de- (b) ceived,— any inspector while the inspector is lawfully exercising or per- forming any power, function or duty under this Act.
Offences and penalties Offences likely to cause serious harm 49 (1) Where— (a) a person who, knowing that any action is reasonably likely to cause serious harm to any person, takes the action; and the action is contrary to a provision of this Act,— (b) the person commits an offence against this Act.
(2) Where— (a) a person who, knowing that failure to take any action is reasonably likely to cause serious harm to any person, fails to take the action; and the person is required by this Act to take the action,— (b) the person commits an offence against this Act.

Every person who commits an offence under this section is liable on conviction to— (a) (b) (c) imprisonment for a term of not more than 2 years; or a fine of not more than $500,000; or both.
(3) (4) A person charged with an offence under this section may be convicted of an offence against section 50 as if the person had been charged under that section.

Section 49(3)(a): substituted, on 5 May 2003, by section 23 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 49(3)(b): substituted, on 5 May 2003, by section 23 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
62 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 51A 50 (1) (2) 51 Other offences Every person commits an offence, and is liable on conviction to a fine not exceeding $250,000, who fails to comply with the requirements of— (a) (b) a provision of Part 2 other than section 16(3); or section 19B, section 25, section 26, section 37(2), sec- tion 39(5), section 42(1), section 43, section 47, section 48, section 56I(2), section 58, or clause 6 of Schedule 1A; or a provision of any regulations made under this Act, or continued in force by section 24, declared by the regu- lations to be a provision to which this section applies.
(c) Every person who fails to comply with section 16(3) commits an offence, and is liable on conviction to a fine not exceeding $10,000.

Section 50(1): substituted, on 5 May 2003, by section 24 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 50(1): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 50(2): added, on 18 March 1998, by section 4(2) of the Health and Safety in Employment Amendment Act 1998 (1998 No 3).
Section 50(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Actions taken to prevent harm Notwithstanding sections 49 and 50, where any employee harms any person by taking any action necessary for the protection of that person or any other person from harm,— (a) the employee does not thereby commit an offence against section 19; and the employee’s employer does not thereby commit an offence against section 15.
(b) 51A Sentencing criteria (1) This section applies when the court is determining how to sen- tence or otherwise deal with a person convicted of an offence under this Act.
The court must apply the Sentencing Act 2002 and must have particular regard to— (a) sections 7 to 10 of that Act; and (2) 63 Part 4 s 52 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (b) (c) (d) (e) the requirements of sections 35 and 40 of that Act re- lating to the financial capacity of the person to pay any fine or sentence of reparation imposed; and the degree of harm, if any, that has occurred; and the safety record of the person (which includes but is not limited to warnings and notices referred to in section 56C) to the extent that it shows whether any aggravating factor is absent; and whether the person has— pleaded guilty: (i) shown remorse for the offence and any harm (ii) caused by the offence: co-operated with the authorities in relation to the investigation and prosecution of the offence: taken remedial action to prevent circumstances of the kind that led to the commission of the offence occurring in the future.
(iii) (iv) This section does not limit the Sentencing Act 2002.

Section 51A: inserted, on 5 May 2003, by section 25 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Failure to comply with section 14 [Repealed] Section 52: repealed, on 5 May 2003, by section 26 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Proof of intention not required In a matter involving an infringement notice or in a prosecu- tion for an offence against section 50, it is not necessary to prove that the defendant— (a) intended to take the action alleged to constitute the in- fringement offence or offence; or intended not to take the action, the failure to take which is alleged to constitute the infringement offence or of- fence.
(b) Section 53: substituted, on 5 May 2003, by section 27 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
(3) 52 53 64 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 54A 54 Notification to Secretary of interest in knowing of enforcement action taken by inspector (1) A person may notify the Secretary in the prescribed manner that the person has an interest in knowing whether a particular matter has been, is, or is to be, subject to the taking of enforce- ment action by an inspector.
The Secretary must ensure that the person who sent the notice is notified of— (a) (2) any decision already made, or subsequently made, by an inspector as to whether or not to take enforcement action in respect of the matter, but not the reasons for the decision; and any information that the Secretary is aware of relating to whether an enforcement authority has taken prosecution action as described in section 54A(2)(b).
(b) (3) In this section and section 54A, enforcement authority in- cludes the New Zealand Police, the Civil Aviation Author- ity, the New Zealand Transport Agency, and Maritime New Zealand.

Section 54: substituted, on 5 May 2003, by section 27 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 54(3): amended, on 1 August 2008, by section 50(1) of the Land Trans- port Management Amendment Act 2008 (2008 No 47).
Section 54(3): amended, on 1 July 2005, by section 11(3) of the Maritime Trans- port Amendment Act 2004 (2004 No 98).

54A Filing charging document (1) An inspector may file a charging document in respect of an offence under this Act unless an infringement notice has been issued to the same defendant in respect of the same matter.
(2) A person other than an inspector may file a charging document in respect of an offence under this Act only if— (a) an inspector or another person has not taken enforce- ment action against any possible defendant in respect of the same matter; and an enforcement authority has not taken prosecution ac- tion under any other Act against any possible defendant in respect of the same incident, situation, or set of cir- cumstances; and (b) 65 Part 4 s 54B Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (c) any person has received notification from the Secretary under section 54(2) that an inspector has not and will not take enforcement action against any possible defendant in respect of the same matter.
(3) Despite subsection (2)(b), a person may file a charging docu- ment even though an enforcement authority has taken pros- ecution action if— (a) the person has leave of the court to file the charging document; and subsection (2)(a) and (c) is complied with.

(b) Section 54A: inserted, on 5 May 2003, by section 27 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 54A heading: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 54A(1): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 54A(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 54A(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 54A(3)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
54B Time limit for filing charging document (1) Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an of- fence against this Act ends on the date that is 6 months after the earlier of— (a) (b) the date when the incident, situation, or set of circum- stances to which the offence relates first became known to an inspector; or the date when the incident, situation, or set of circum- stances to which the offence relates should reasonably have become known to an inspector.
This section is subject to sections 54C and 54D.

Section 54B: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
(2) 66 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 54C 54C Extension of time for person other than inspector to file (1) charging document This section applies if— (a) (b) an inspector or another person has not taken enforce- ment action in respect of a matter; and the Secretary has notified relevant persons under section 54(2)(a) that an inspector has not and will not take en- forcement action against any possible defendant in re- spect of the matter.
(2) On application, the District Court may extend the time for a person other than an inspector to file a charging document.

(3) An application under subsection (2) must be made within 1 month after receiving notice from the Secretary under subsec- tion (1)(b).
The court must not grant an extension of time unless it is sat- isfied— (a) (4) (b) that another person wishes to decide whether to file a charging document in respect of that matter; and it is unreasonable, having regard to the time taken by an inspector to respond to the matter, to expect, or to have expected, the person to make that decision before the 6-month period referred to in section 54B expires; and an application under section 54D has not been made.
(c) The court must give the following persons an opportunity to be heard: (a) (b) (c) the person seeking the extension: any proposed defendant: any other person who has an interest in whether or not a charging document should be filed, being a person described in section 54(1).

Section 54C: inserted, on 5 May 2003, by section 27 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 54C heading: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 54C(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 54C(4)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 54C(5)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
67 (5) Part 4 s 54D Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 54D Extension of time if inspector needs longer to decide (1) whether to file charging document This section applies if an inspector considers that he or she will not be able to file a charging document by the end of the 6-month period referred to in section 54B.

(2) On application, the District Court may extend the time for fil- ing a charging document.
(3) An application under subsection (2) must be made within the 6-month period.
The court must not grant an extension unless it is satisfied that— (a) reasonably requires longer than the an inspector 6-month period to decide whether to file a charging document; and the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time consuming; and it is in the public interest in the circumstances that a charging document is able to be filed after the 6-month period expires; and filing the charging document after the 6-month period expires will not unfairly prejudice the proposed defen- dant in defending the charge.
(b) (c) (d) The court must give the following persons an opportunity to be heard: (a) (b) (c) the person seeking the extension: the proposed defendant: any other person who has an interest in whether or not a charging document should be filed, being a person described in section 54(1).

Section 54D: inserted, on 5 May 2003, by section 27 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 54D heading: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 54D(1): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 54D(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 54D(4)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
(4) (5) 68 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 55 Section 54D(4)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 54D(4)(d): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 54D(5)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
54E Continuing or repeated matters Nothing in this Act prevents the taking of enforcement action by an inspector or another person in respect of a matter, despite enforcement action having been taken in respect of the matter, if the matter is continuing or repeated.

Section 54E: inserted, on 5 May 2003, by section 27 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
(3) (2) Other provisions relating to offences 55 (1) A proceeding commenced by an inspector in respect of any of- fence against this Act may be proceeded with and conducted by that inspector, any other inspector, or any other person per- mitted by the court to proceed with and conduct it.

For the purposes of subsection (1), no person shall be called on to prove that— (a) the person is an inspector; or proceedings were commenced by an inspector.
(b) In any proceedings for an offence against this Act in respect of a duty imposed by this Act on employers or persons who control places of work, it is enough to state the name or title under which a person who or that is ostensibly an employer or such a person is usually known or appears to carry on business; and the court may from time to time amend the charge as to the actual name of the defendant.

(3A) Subsection (3) is subject to section 3(2).


(4) In addition to any penalty imposed, a court may require a per- son convicted of an offence against this Act to remedy any matter in respect of which the person was convicted.

(5) An inspector may file a charging document for an offence against the Department of Labour, or any other agency des- ignated under section 28B to administer this Act, only with the authority of the Solicitor-General.
69 Part 4 s 56 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (6) If the Solicitor-General gives authority under subsection (5), the inspector must be represented in the proceedings by the Crown Solicitor.

Section 55(1): replaced, on 1 July 2013, by section 413 of the Criminal Proced- ure Act 2011 (2011 No 81).

Section 55(2)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 55(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Section 55(3A): inserted, on 18 October 2002, by section 26 of the Crown Or- ganisations (Criminal Liability) Act 2002 (2002 No 37).

Section 55(5): added, on 5 May 2003, by section 28(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 55(5): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
Section 55(6): added, on 5 May 2003, by section 28(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
(2) 56 Offences by bodies corporate or Crown organisations (1) Where a body corporate fails to comply with a provision of this Act, any of its officers, directors, or agents who directed, authorised, assented to, acquiesced in, or participated in, the failure is a party to and guilty of the failure and is liable on con- viction to the punishment provided for the offence, whether or not the body corporate has been prosecuted or convicted.
If a Crown organisation fails to comply with a provision of this Act, any of its officers, directors, agents, or employees concerned in the management of the organisation who di- rected, authorised, assented to, acquiesced in, or participated in the failure is a party to, and guilty of, the failure and is liable on conviction to the punishment provided for the offence, whether or not the Crown organisation has been prosecuted or convicted.
Section 56 heading: amended, on 18 October 2002, by section 27(1) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

Section 56(2): added, on 18 October 2002, by section 27(2) of the Crown Or- ganisations (Criminal Liability) Act 2002 (2002 No 37).

Infringement offences Heading: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
70 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 56C 56A Infringement offences In sections 56B to 56H, an infringement offence means an offence described in section 50(1).

Section 56A: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
56B Infringement notices (1) An inspector may issue an infringement notice if— (a) (b) (c) the inspector believes on reasonable grounds that the person is committing, or has committed, an infringe- ment offence; and the person has had prior warning of the infringement offence under section 56C; and an inspector or another person has not taken enforce- ment action against the same defendant in respect of the same matter.
(2) An inspector may revoke an infringement notice before the infringement fee is paid, or an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.

(3) An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.

Section 56B: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
56C Prior warning of infringement offence A person has had prior warning of an infringement offence if the person has been the subject of 1 or more of the following for an infringement offence arising out of, or relating to, the same or a similar matter: (a) (b) (c) (d) (e) (f) (g) Section 56C: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
a written warning from an inspector: an improvement notice: a prohibition notice: an infringement notice: a conviction for an offence under this Act: a hazard notice: a compliance order.
71 Part 4 s 56D Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 56D Inspector may require information (1) If an inspector is considering issuing to a natural person an infringement notice, the inspector may require the person to provide all or any of the following details: (a) (b) whether, in relation to the place of work, the person is the person’s full name: 1 or more of the following: an employer: (i) an employee: (ii) a self-employed person: (iii) a principal: (iv) a contractor: (v) (vi) a subcontractor: (vii) a person who controls the place of work: the person’s date of birth: the person’s residential address and, if different, postal address.
(c) (d) (2) If an inspector is considering issuing an infringement notice to a person that is a body corporate, the inspector may require a person who appears to represent the body corporate to provide all or any of the following details: (a) (b) whether, in relation to the place of work, the body cor- the body corporate’s legal name: porate is 1 or more of the following: (i) (ii) (iii) (iv) (v) the postal address of the body corporate.
an employer: a principal: a contractor: a subcontractor: a person who controls the place of work: (c) Section 56D: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

56E Procedural requirements for infringement notices (1) An infringement notice may not be issued after the close of the 14th day after the inspector becomes aware of the alleged infringement offence.
(2) An infringement notice may be served on a person— 72 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 56E (a) (b) by delivering it personally to the person who appears to have committed the infringement offence; or by sending it by post, addressed to the person at the person’s last known place of residence or business.

(3) An infringement notice must be treated as having been served on the person on the date it was posted.
(4) An infringement notice must be in the prescribed form and must contain— (a) (b) (c) (d) (e) (f) (g) details of the alleged infringement offence that are suf- ficient to fairly inform a person of the time, place, and nature of the alleged infringement offence; and the amount of the infringement fee; and an address at which the infringement fee may be paid; and the time within which the infringement fee must be paid; and a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and a statement that the person served with the notice has a right to request a hearing; and a statement of what will happen if the person served with the notice does not pay the fee and does not request a hearing; and any other prescribed matters.
(h) If an infringement notice has been issued, proceedings in re- spect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Sum- mary Proceedings Act 1957 and, in that case,— (a) reminder notices may be prescribed under regulations made under this Act; and in all other respects, section 21 of the Summary Pro- ceedings Act 1957 applies with all necessary modifica- tions.
(b) Section 56E: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 56E(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
73 (5) Part 4 s 56F Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 56F Infringement fees (1) (2) (3) (4) The fee to be specified by an inspector in an infringement no- tice for any infringement offence except for a failure to comply with section 7(1) must be not less than $100 and not more than $3,000 (as a multiple of $100).
In determining the amount of a fee under subsection (1), an inspector must take into account— (a) (b) whether or not harm resulted from the offence; and if harm resulted from the offence, the extent of the harm; and what potential harm could have resulted from the of- fence; and in the case of an employer, principal, or contractor, the size of the business of the employer, principal, or con- tractor; and the financial circumstances of the person; and the safety record of the person (which includes but is not limited to warnings and notices referred to in section 56C).
(c) (d) (e) (f) The fee to be specified by an inspector in an infringement no- tice for a failure to comply with section 7(1) must be not less than $800 and not more than $4,000 (as a multiple of $100).
In determining the amount of a fee under subsection (3), an inspector must take into account— (a) (b) (c) the size of the business of the employer; and the financial circumstances of the employer; and the safety record of the employer (which includes but is not limited to warnings and notices referred to in section 56C).

Section 56F: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
56G Payment of infringement fee The Secretary must pay all infringement fees received into a Crown Bank Account.

Section 56G: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 56G: amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
74 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 56I (2) 56I (1) 56H Effect of infringement notice (1) If an infringement notice is issued, a criminal record must not be created in respect of the infringement offence.

Subsection (1) does not prevent a court being told, for the pur- pose of sentencing a person convicted of an offence under this Act, that the person has paid, or is obliged to pay, an infringe- ment fee for a particular infringement offence.
Section 56H: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Insurance against fines unlawful and of no effect Heading: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Insurance against fines unlawful and of no effect To the extent that an insurance policy or contract of insurance indemnifies or purports to indemnify a person for the person’s liability to pay a fine or an infringement fee under this Act,— (a) (b) the policy or contract is of no effect; and no court or tribunal has jurisdiction to grant relief in respect of the policy or contract, whether under section 7 of the Illegal Contracts Act 1970 or otherwise.
(2) A person must not— (a) (b) (c) (d) enter into, or offer to enter into, a policy or contract described in subsection (1); or indemnify, or offer to indemnify, another person for the other person’s liability to pay a fine or an infringement fee under this Act; or be indemnified, or agree to be indemnified, by another person for that person’s liability to pay a fine or an in- fringement fee under this Act; or pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.
(3) If an insurance policy or contract of insurance described in subsection (1) exists at the date of commencement of this sec- tion,— (a) subsections (1) and (2)(c) and (d) apply to it from that date; and 75 Part 4 s 57 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 (b) this section does not prevent the parties to it agreeing to the refund of an amount of the premium.
Section 56I: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Proof of notices Proof of notices Every document purporting to be an inspector’s notice shall be received in evidence and, in the absence of proof to the contrary, be deemed to be an inspector’s notice; and in any proceedings the production of a document purporting to be certified by or on behalf of an inspector to be a true copy of an inspector’s notice shall, in the absence of proof to the contrary, be sufficient evidence of the notice.
Personation of inspectors Personation of inspectors No person shall— (a) personate the inspector named in any certificate of ap- pointment as an inspector; or falsely pretend to be an inspector.
(b) Funding of administration Funding In this section,— the applicable Act means the Accident Compensation Act 2001 earner, earnings, earnings as a self-employed person, and Corporation have the same meanings as in section 6 of the applicable Act funding levy means the levy required to be paid by subsection (2) Work Account levy means the levy payable under section 168, 168A, 168B, or 211 of the applicable Act.
For the purpose of recovering the expected cost to the Crown of the administration of this Act, there is payable— 57 58 59 (1) (2) 76 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 59 (a) (b) (c) by every employer, on the amount of earnings paid or deemed to have been paid by the employer to the em- ployer’s employees, a levy at a rate or rates prescribed by regulations made, on the recommendation of the Minister, under this Act; and by every earner who has earnings as a self-employed person, on the amount of earnings as a self-employed person derived or deemed to have been derived by the earner, a levy at a rate or rates prescribed by regulations made, on the recommendation of the Minister, under this Act; and by every shareholder-employee to whom section RD 3(2) to (4) of the Income Tax Act 2007 applies, on the amount of earnings derived or deemed to have been de- rived by the shareholder-employee, a levy at a rate or rates prescribed by regulations made, on the recommen- dation of the Minister, under this Act.
(3) (4) (5) (6) (c) (b) The funding levy must be added to, and is deemed part of, the Work Account levy; and— (a) the funding levy is payable, collected, and remitted, and penalties are payable in respect of it, as if it were the Work Account levy; and the Corporation and the Commissioner of Inland Rev- enue have all the powers in respect of the funding levy that they have in respect of the Work Account levy; and the Commissioner of Inland Revenue is not required to refer separately to or account separately for, or identify, any funding levy in performing his or her functions in relation to the Work Account levy or the funding levy.
The Corporation must, by the 20th day of the month after the month in which the Corporation receives any funding levy from the Commissioner of Inland Revenue, pay that funding levy to the Secretary.

The Corporation may charge the Secretary a fee for collecting the funding levy.

The Secretary must pay into a Crown Bank Account all of the funding levy the Corporation pays to the Secretary.
77 Part 4 s 60 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 The Minister must not recommend the making of regulations for the purposes of subsection (2) without first consulting the Corporation.

Subsection (7) does not limit the generality of section 21(2).

Section 59: substituted, on 1 April 2002, by section 337(1) of the Injury Pre- vention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
Section 59(1) the applicable Act: amended, on 3 March 2010, pursuant to sec- tion 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 59(1) Residual Claims levy: repealed, on 3 March 2010, by section 49 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 59(1) Work Account levy: added, on 3 March 2010, by section 49 of the Accident Compensation Amendment Act 2010 (2010 No 1).
Section 59(2)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 59(3): amended, on 3 March 2010, by section 49 of the Accident Com- pensation Amendment Act 2010 (2010 No 1).

Section 59(3)(a): amended, on 3 March 2010, by section 49 of the Accident Compensation Amendment Act 2010 (2010 No 1).
Section 59(3)(b): amended, on 3 March 2010, by section 49 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 59(3)(c): amended, on 3 March 2010, by section 49 of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 59(6): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
Information provided by Accident Rehabilitation and Compensation Insurance Corporation [Repealed] Heading: repealed, on 1 July 1999, pursuant to section 415(1) of the Accident Insurance Act 1998 (1998 No 114).

Accident Rehabilitation and Compensation Insurance Corporation may provide information [Repealed] Section 60: repealed, on 1 July 1999, by section 415(1) of the Accident Insur- ance Act 1998 (1998 No 114).
(7) (8) 60 78 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Part 4 s 62 61 62 (1) (2) (3) (4) (5) Non-compliance with other enactments Inspectors to notify local authority An inspector who, in the course of the inspector’s duties, dis- covers anything the inspector believes to be a failure to com- ply with any provision of any enactment relating to health or safety administered (in whole or in part) by territorial author- ities shall give the appropriate territorial authority written no- tice of the apparent failure.
Amendments, repeals, revocations, and savings Consequential amendments, repeals, revocations, and savings The enactments specified in Schedule 3 are hereby repealed.

The enactments specified in Schedule 2 are hereby consequen- tially amended in the manner indicated in that schedule.

The Orders in Council and notices specified in Schedule 4 are hereby revoked.
Every reference in any enactment passed before the repeal of the Factories and Commercial Premises Act 1981 to a factory within the meaning of that Act shall have effect as if that Act is still in force.

[Repealed] Section 62(5): repealed, on 2 July 2001, by section 150(1) of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).
79 Schedule 1 Health and Safety in Employment Act 1992 Schedule 1 Serious harm Reprinted as at 1 July 2013 s 2(4) Any of the following conditions that amounts to or results in permanent loss of bodily function, or temporary severe loss of bodily function: respiratory disease, noise-induced hearing loss, neurological disease, cancer, dermatalogical disease, communicable disease, musculoskeletal disease, ill- ness caused by exposure to infected material, decompression sickness, poisoning, vision impairment, chemical or hot-metal burn of eye, penetrating wound of eye, bone fracture, lacer- ation, crushing.
Amputation of body part.

Burns requiring referral to a specialist medical practitioner or specialist outpatient clinic.

Schedule 1 clause 3: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Loss of consciousness from lack of oxygen.

Loss of consciousness, or acute illness requiring treatment by a medical practitioner, from absorption, inhalation, or ingestion, of any substance.
Schedule 1 clause 5: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Any harm that causes the person harmed to be hospitalised for a period of 48 hours or more commencing within 7 days of the harm’s occurrence.
80 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Schedule 1A Schedule 1A Employee participation system ss 19C(3), 19D Schedule 1A: inserted, on 5 May 2003, by section 30 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
1 2 Part 1 Examples of matters that may be included in agreed system for employee participation Examples of matters that may be included in agreed system for employee participation The following matters are examples of matters that the parties may wish to consider including in an employee participation system developed under section 19C: (a) electing health and safety representatives, whether to act independently or as members of a health and safety committee: processes for ensuring regular and co-operative interac- tion between representatives of the employer and em- ployees on health and safety issues generally or on par- ticular issues.
(b) Part 2 Functions of health and safety representatives Functions of health and safety representatives The following functions of health and safety representatives are examples of functions that the parties may wish to con- sider including in an agreed employee participation system de- veloped under section 19C but are mandatory functions for a health and safety representative elected under Part 3 of this schedule: (a) to foster positive health and safety management prac- tices in the place of work: to identify and bring to the employer’s attention hazards in the place of work and discuss with the employer ways that the hazards may be dealt with: to consult with inspectors on health and safety issues: (b) (c) 81 Schedule 1A Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Part 2—continued (d) (e) to promote the interests of employees in a health and safety context generally and in particular those employ- ees who have been harmed at work, including in relation to arrangements for rehabilitation and return to work: to carry out any functions conferred on the representa- tive by— (i) a system of employee participation (if a system is developed under section 19C); or the employer with the agreement of the represen- tative or a union representing the representative, including any functions referred to in a code of practice.
(ii) Part 3 Provisions that apply if failure to develop system for employee participation Effect of failure to develop system if fewer than 30 employees This clause applies if— (a) (b) 1 or more employees, or a union representing them, re- quires the development of a system for employee par- ticipation under section 19C(1)(a); and a system is not agreed and implemented within 6 months after the employees request it to be developed.
The employees, together with any unions representing them, must hold an election for at least 1 health and safety represen- tative to carry out the functions in Part 2 of this schedule.

This clause is subject to clauses 6 and 7.
Effect of failure to develop system if 30 employees or more This clause applies if— (a) the development of a system for employee participation is required under section 19C(1)(b); and a system is not agreed and implemented within 6 months after the later of— (b) 3 (1) (2) (3) 4 (1) 82 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Schedule 1A Part 3—continued (i) (ii) the date of the commencement of this schedule; or the date when the employer first employs 30 or more employees.
(2) The employees, together with any unions representing them, must hold an election for— (a) at least 1 health and safety representative (which may include 1 or more health and safety representatives elected for each particular type of work, or place of work of the employer, or other grouping referred to in section 19C(5)) to carry out the functions in Part 2 of this schedule independently; or up to a maximum of 5 health and safety representatives to be members of a health and safety committee (and the representatives must comprise at least half of the committee).
(b) (3) This clause is subject to clauses 6 and 7.

5 (1) (2) 6 (1) (2) (3) Filling vacancy for health and safety representative The employees, together with any unions representing them, must hold an election if a vacancy arises in a position of health and safety representative.

This clause is subject to clauses 6 and 7.


Employees or union may require employer to hold election for health and safety representative Instead of holding an election as required by clause 3, clause 4, or clause 5, the employees, together with any unions rep- resenting them, may notify the employer that they require the employer to hold the election.

The employer must hold the election within 2 months of re- ceiving notification.

This clause is subject to clause 7.
Method of electing health and safety representative 7 (1) An election for a health and safety representative must— 83 Schedule 1A Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Part 3—continued (a) involve candidates who— (i) work sufficiently regularly and for a sufficient duration to enable them to carry out their func- tions effectively; and are willing to take on the position; and (b) (c) (ii) be conducted through a secret ballot; and give all employees, or all employees in a relevant group- ing for the purposes of section 19C(5), a reasonable op- portunity to vote; and be determined by the wishes of the majority of those who vote.
(2) An election is not required if— (d) (a) (b) there is only 1 candidate for a position, in which case the candidate automatically fills the position; or there are no candidates for a position, in which case the position is not filled.

84 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Schedule 2 Schedule 2 Consequential amendments s 62(2) Boilers, Lifts, and Cranes Act 1950 (1950 No 53) (RS Vol 1, p 377) Amendment(s) incorporated in the Act(s).
Disabled Persons Community Welfare Act 1975 (1975 No 122) (RS Vol 26, p 143) Amendment(s) incorporated in the Act(s).

Machinery Act 1950 (1950 No 52) (RS Vol 18, p 409) Amendment(s) incorporated in the Act(s).

Marine Pollution Act 1974 (1974 No 14) (RS Vol 24, p 499) Amendment(s) incorporated in the Act(s).

Wages Protection Act 1983 (1983 No 143) Amendment(s) incorporated in the Act(s).
85 Schedule 3 Health and Safety in Employment Act 1992 Schedule 3 Enactments repealed Reprinted as at 1 July 2013 s 62(1) Accident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13) Amendment(s) incorporated in the Act(s).

Age of Majority Act 1970 (1970 No 137) (RS Vol 21, p 1) Amendment(s) incorporated in the Act(s).
Agricultural Workers Act 1977 (1977 No 43) (RS Vol 22, p 1) Agricultural Workers Amendment Act 1977 (1977 No 106) (RS Vol 22, p 14) Agricultural Workers Amendment Act 1981 (1981 No 8) (RS Vol 22, p 15) Agricultural Workers Amendment Act 1983 (1983 No 61) (RS Vol 22, p 15) Boilers, Lifts, and Cranes Act 1950 (1950 No 53) (RS Vol 1, p 377) Amendment(s) incorporated in the Act(s).

Boilers, Lifts, and Cranes Amendment Act 1966 (1966 No 100) (RS Vol 1, p 406) Amendment(s) incorporated in the Act(s).
Boilers, Lifts, and Cranes Amendment Act 1971 (1971 No 84) (RS Vol 1, p 409) Boilers, Lifts, and Cranes Amendment Act 1980 (1980 No 101) Boilers, Lifts, and Cranes Amendment Act 1988 (1988 No 177) Building Act 1991 (1991 No 150) Amendment(s) incorporated in the Act(s).
86 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Schedule 3 Bush Workers Act 1945 (1945 No 27) (Reprinted 1976, Vol 3, p 2365) Bush Workers Amendment Act 1967 (1967 No 27) (Reprinted 1976, Vol 3, p 2376) Bush Workers Amendment Act 1978 (1978 No 89) Bush Workers Amendment Act 1979 (1979 No 79) Bush Workers Amendment Act 1981 (1981 No 9) Bush Workers Amendment Act 1983 (1983 No 64) Coal Mines Act 1979 (1979 No 21) Coal Mines Amendment Act 1980 (1980 No 104) Coal Mines Amendment Act 1982 (1982 No 63) Coal Mines Amendment Act 1983 (1983 No 45) Coal Mines Amendment Act 1986 (1986 No 52) Coal Mines Amendment Act 1988 (1988 No 57) Conservation Act 1987 (1987 No 65) Amendment(s) incorporated in the Act(s).
Conservation Law Reform Act 1990 (1990 No 31) Amendment(s) incorporated in the Act(s).
Construction Act 1959 (1959 No 32) (RS Vol 23, p 227) Construction Amendment Act 1966 (1966 No 40) (RS Vol 23, p 255) 87 Schedule 3 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Construction Amendment Act 1967 (1967 No 64) (RS Vol 23, p 256) Construction Amendment Act 1968 (1968 No 74) (RS Vol 23, p 256) Construction Amendment Act 1969 (1969 No 11) (RS Vol 23, p 256) Construction Amendment Act 1970 (1970 No 32) (RS Vol 23, p 257) Construction Amendment Act 1971 (1971 No 90) (RS Vol 23, p 257) Construction Amendment Act 1972 (1972 No 51) (RS Vol 23, p 258) Construction Amendment Act 1975 (1975 No 64) (RS Vol 23, p 259) Construction Amendment Act 1976 (1976 No 81) (RS Vol 23, p 259) Construction Amendment Act 1977 (1977 No 147) (RS Vol 23, p 260) Construction Amendment Act 1978 (1978 No 90) (RS Vol 23, p 260) Construction Amendment Act 1981 (1981 No 11) (RS Vol 23, p 261) Construction Amendment Act 1983 (1983 No 124) (RS Vol 23, p 261) Construction Amendment Act 1989 (1989 No 83) 88 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Schedule 3 Crown Minerals Act 1991 (1991 No 70) Amendment(s) incorporated in the Act(s).
Electricity Operators Act 1987 (1987 No 109) Amendment(s) incorporated in the Act(s).

Employment Contracts Act 1991 (1991 No 22) Amendment(s) incorporated in the Act(s).

Factories and Commercial Premises Act 1981 (1981 No 25) Factories and Commercial Premises Amendment Act 1983 (1983 No 72) Factories and Commercial Premises Amendment Act 1989 (1989 No 86) Fair Trading Act 1986 (1986 No 121) Amendment(s) incorporated in the Act(s).
Family Proceedings Act 1980 (1980 No 94) Amendment(s) incorporated in the Act(s).

Finance Act (No 2) 1988 (1988 No 128) Amendment(s) incorporated in the Act(s).
Geothermal Energy Act 1953 (1953 No 102) (Reprinted 1975, Vol 3, p 2019) Geothermal Energy Amendment Act 1957 (1957 No 51) (Reprinted 1975, Vol 3, p 2035) Geothermal Energy Amendment Act 1966 (1966 No 50) (Reprinted 1975, Vol 3, p 2035) Geothermal Energy Amendment Act 1969 (1969 No 79) (Reprinted 1975, Vol 3, p 2036) 89 Schedule 3 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Geothermal Energy Amendment Act 1973 (1973 No 64) (Reprinted 1975, Vol 3, p 2035) Geothermal Energy Amendment Act 1977 (1977 No 89) Geothermal Energy Amendment Act 1980 (1980 No 113) Geothermal Energy Amendment Act 1988 (1988 No 62) Health Act 1956 (1956 No 65) (RS Vol 19, p 493) Amendment(s) incorporated in the Act(s).
Judicature Amendment Act 1991 (1991 No 60) Amendment(s) incorporated in the Act(s).

Local Government Act 1979 (1979 No 59) (RS Vol 25, p 609) Amendment(s) incorporated in the Act(s).

Machinery Act 1950 (1950 No 52) (RS Vol 18, p 309) Amendment(s) incorporated in the Act(s).
Machinery Amendment Act 1956 (1956 No 17) (RS Vol 18, p 441) Machinery Amendment Act 1965 (1965 No 52) Machinery Amendment Act 1968 (1968 No 28) Machinery Amendment Act 1969 (1969 No 33) (RS Vol 18, p 443) Amendment(s) incorporated in the Act(s).
Machinery Amendment Act 1970 (1970 No 128) (RS Vol 18, p 444) Machinery Amendment Act 1976 (1976 No 37) 90 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Schedule 3 Machinery Amendment Act 1981 (1981 No 10) (RS Vol 18, p 448) Machinery Amendment Act 1986 (1986 No 15) (RS Vol 18, p 448) Amendment(s) incorporated in the Act(s).

Mining Act 1971 (1971 No 25) (RS Vol 17, p 355) Mining Amendment Act 1972 (1972 No 83) (RS Vol 17, p 508) Amendment(s) incorporated in the Act(s).
Mining Amendment Act 1973 (1973 No 76) (RS Vol 17, p 508) Mining Amendment Act 1975 (1975 No 91) (RS Vol 17, p 509) Amendment(s) incorporated in the Act(s).

Mining Amendment Act 1981 (1981 No 128) (RS Vol 17, p 510) Mining Amendment Act 1987 (1987 No 99) Amendment(s) incorporated in the Act(s).

Ministry of Energy (Abolition) Act 1989 (1989 No 140) Amendment(s) incorporated in the Act(s).

National Development Act Repeal Act 1986 (1986 No 122) Amendment(s) incorporated in the Act(s).
National Parks Act 1980 (1980 No 66) Amendment(s) incorporated in the Act(s).

Official Information Amendment Act 1987 (1987 No 8) Amendment(s) incorporated in the Act(s).
Petroleum Act 1937 (1937 No 27) (RS Vol 7, p 647) Petroleum Amendment Act 1975 (1975 No 43) (RS Vol 7, p 726) 91 Schedule 3 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Petroleum Amendment Act (No 2) 1980 (1980 No 72) (RS Vol 7, p 728) Petroleum Amendment Act 1982 (1982 No 153) Petroleum Amendment Act 1985 (1985 No 35) Petroleum Amendment Act 1988 (1988 No 78) Public Finance Act 1989 (1989 No 44) Amendment(s) incorporated in the Act(s).
Quarries and Tunnels Act 1982 (1982 No 18) Reserves and Other Lands Disposal Act 1982 (1982 No 133) Amendment(s) incorporated in the Act(s).

Resource Management Act 1991 (1991 No 69) Amendment(s) incorporated in the Act(s).

Sale of Liquor Act 1989 (1989 No 63) Amendment(s) incorporated in the Act(s).

Shearers Act 1962 (1962 No 136) (RS Vol 9, p 575) Shearers Amendment Act 1983 (1983 No 93) State-Owned Enterprises Act 1986 (1986 No 124) Amendment(s) incorporated in the Act(s).
State-Owned Enterprises Amendment Act 1987 (1987 No 117) Amendment(s) incorporated in the Act(s).

State Sector Act 1988 (1988 No 20) Amendment(s) incorporated in the Act(s).

Survey Act 1986 (1986 No 123) Amendment(s) incorporated in the Act(s).

92 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Schedule 3 Territorial Sea and Exclusive Economic Zone Act 1977 (1977 No 28) Amendment(s) incorporated in the Act(s).
Transit New Zealand Act 1989 (1989 No 75) Amendment(s) incorporated in the Act(s).

Weights and Measures Act 1987 (1987 No 15) Amendment(s) incorporated in the Act(s).
93 Schedule 4 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Schedule 4 Orders in Council and notices revoked s 62(3) Agricultural Workers Accommodation Regulations 1963 (SR 1963/79) Agricultural Workers Accommodation Regulations 1963, Amendment No 1 (SR 1975/246) Agricultural Workers Act Commencement Order 1963 (SR 1963/78) Agricultural Workers Act Commencement Order 1978 (SR 1978/100) Agricultural Workers (Dairy Farms) Order 1977 (SR 1977/32) Agricultural Workers (Farms and Stations) Wages Order 1977 (SR 1977/33) Agricultural Workers (Market Gardens) Order 1976 (SR 1976/201) Agricultural Workers (Orchards and Vineyards) Order 1977 (SR 1977/218) Agricultural Workers Regulations 1978 (SR 1978/233) Agricultural Workers (Tobacco Growers) Order 1976 (SR 1976/302) Boilers and Machinery Exemption Order 1971 (SR 1971/13) Boilers (Gas Pipelines) Exemption Order 1969 (SR 1969/6) Boilers, Lifts, and Cranes Exemption Notice 1968 (SR 1968/1) Boilers, Lifts, and Cranes Exemption Notice 1983 (SR 1983/90) 94 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Schedule 4 Boilers, Lifts, and Cranes Exemption Notice 1990 (SR 1990/174) Boilers, Lifts, and Cranes Exemption Order 1983 (SR 1983/89) Boilers, Lifts, and Cranes (Fees) Regulations 1990 (SR 1990/321) Coal Mines (Electrical) Regulations 1980 (SR 1980/51) Coal Mines (Mine Management and Safety) Regulations 1980 (SR 1980/116) Coal Mines (Mine Management and Safety) Regulations 1980, Amendment No 1 (SR 1986/276) Coal Mines (Opencast Coal Mines) Regulations 1986 (SR 1986/277) Construction Regulations 1961 (SR 1961/5) Construction Regulations 1961, Amendment No 1 (SR 1965/117) Construction Regulations 1961, Amendment No 2 (SR 1965/186) Construction Regulations 1961, Amendment No 3 (SR 1967/269) Construction Regulations 1961, Amendment No 4 (SR 1969/45) Construction Regulations 1961, Amendment No 5 (SR 1970/317) Construction Regulations 1961, Amendment No 6 (SR 1971/187) Construction Regulations 1961, Amendment No 7 (SR 1974/215)
 Construction Regulations 1961, Amendment No 8 (SR 1975/209) Construction Regulations 1961, Amendment No 9 (SR 1977/312) 95 Schedule 4 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Construction Regulations 1961, Amendment No 10 (SR 1980/148) Construction Regulations 1961, Amendment No 13 (SR 1986/337) Cranes Exemption Order 1966 (SR 1966/207) Factories and Commercial Premises Act Commencement Order 1981 (SR 1981/277) Factories and Commercial Premises Regulations 1981 (SR 1981/323) Factories and Commercial Premises Regulations 1981, Amendment No 1 (SR 1986/231) Mining (Safety) Regulations 1973 (SR 1973/82) Mining (Safety) Regulations 1973, Amendment No 1 (SR 1983/41) Mining (Safety) Regulations 1973, Amendment No 2 (SR 1987/187) Petroleum Regulations 1978 (SR 1978/255) Quarries Regulations 1983 (SR 1983/39) Quarries Regulations 1983, Amendment No 1 (SR 1984/258) Quarries Regulations 1983, Amendment No 2 (SR 1987/188) Shearers Act Commencement Order 1963 (SR 1963/82) Shearers Regulations 1963 (SR 1963/83) Shearers Regulations 1963, Amendment No 1 (SR 1975/220) 96 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Schedule 4 Tractor Safety Frame Regulations 1986 (SR 1986/229) Tunnels Regulations 1983 (SR 1983/40) Tunnels Regulations 1983, Amendment No 1 (SR 1987/189) Woodworking Machinery Regulations 1973 (SR 1973/85) Woodworking Machinery Regulations 1973, Amendment No 1 (SR 1982/74) 97 Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Health and Safety in Employment Amendment Act 2002 Public Act Date of assent Commencement 2002 No 86 24 December 2002 see section 2 1 (1) (2) Title This Act is the Health and Safety in Employment Amendment Act 2002.
In this Act, the Health and Safety in Employment Act 1992 is called “the principal Act”.

Part 1 Preliminary provisions Commencement This Act comes into force on 5 May 2003.
Purpose The purpose of this Act is to— (a) make the principal Act more comprehensive in its coverage, in particular by— (i) (ii) (iii) (iv) (v) including the maritime, rail, and air industries; and confirming that persons who are mobile while they work are covered; and providing protection to volunteers, persons re- ceiving on the job training or gaining work ex- perience, and employees on loan; and confirming that harm can be caused by work-re- lated stress; and confirming that certain temporary conditions may cause a person’s behaviour to be hazardous; and (b) include provisions in the principal Act requiring good faith co-operation between employers and employees in relation to health and safety; and 2 3 98 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 (c) (d) (e) provide for more effective enforcement of the principal Act; and prohibit persons from being indemnified and from in- demnifying others against the cost of fines and infringe- ment fees for failing to comply with the principal Act; and promote compliance with International Labour Con- vention 155 concerning Occupational Safety and Health and the Working Environment.
Part 2 Amendments to principal Act General transitional provision The principal Act continues to apply as if this Act had not been passed in respect of an incident, situation, or set of circum- stances occurring before the commencement of this section.

Transitional provision for ships at sea The Director of the Maritime Safety Authority is responsible for administering the principal Act for ships at sea until any designation regarding the maritime industry is made under section 28B of the principal Act.
31 32 (1) (2) While subsection (1) applies, the Director must be treated as if he or she were an inspector appointed under section 29(1) of the principal Act.

This section is subject to section 31.


(3) 99 Notes Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Health and Safety in Employment Act 1992.
The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

How reprints are prepared editorial A number in the preparation of enacting words are of conventions reprints.

not included are For example, in Acts, followed the and 5 Notes 1 2 3 100 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Notes that are repealed or revoked are omitted.
provisions For a detailed list of see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 101 • • • • Notes Health and Safety in Employment Act 1992 Reprinted as at 1 July 2013 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent first) Criminal Procedure Act 2011 (2011 No 81): section 413 Environmental Protection Authority Act 2011 (2011 No 14): section 53(1) Health and Safety in Employment Amendment Act 2010 (2010 No 135) Accident Compensation Amendment Act 2010 (2010 No 1): sections 5(1)(b), 49 Policing Act 2008 (2008 No 72): section 116(a)(ii) Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1) Income Tax Act 2007 (2007 No 97): section ZA 2(1) Health and Safety in Employment Amendment Act 2006 (2006 No 72) Maritime Transport Amendment Act 2004 (2004 No 98): section 11(3) Health and Safety in Employment Amendment Act 2004 (2004 No 87) Building Act 2004 (2004 No 72): section 414 102 Reprinted as at 1 July 2013 Health and Safety in Employment Act 1992 Notes Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1) State Sector Amendment Act 2003 (2003 No 41): section 14(1) Health and Safety in Employment Amendment Act 2002 (2002 No 86) Crown Organisations (Criminal Liability) Act 2002 (2002 No 37): sections 23, 24, 26, 27 Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49): section 337(1) Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171): clause 2 Accident Insurance Act 1998 (1998 No 114): section 415(1) Health and Safety in Employment Amendment Act 1998 (1998 No 3) Hazardous Substances and New Organisms Act 1996 (1996 No 30): sections 149, 150(1) Department of Justice (Restructuring) Act 1995 (1995 No 39): section 10(1) Maritime Transport Act 1994 (1994 No 104): section 203 Electricity Act 1992 (1992 No 122): section 173(2) Public Finance Act 1989 (1989 No 44): section 65R(3) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 103