Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698751934065.pdf (New Zealand)
Reprint as at 4 April 2016 Health and Safety in Employment Regulations 1995 (SR 1995/167) Catherine A Tizard, Governor-General Order in Council At Wellington this 21st day of August 1995 Present: Her Excellency the Governor-General in Council Pursuant to section 21 of the Health and Safety in Employment Act 1992, Her Excel- lency the Governor-General, acting by and with the advice and consent of the Execu- tive Council, on the recommendation of the Minister of Labour, hereby makes the fol- lowing regulations.
Contents Title and commencement Interpretation Relationship between Act and regulations Part 1 General duties of employers Duties in respect of facilities at every place of work Duties in respect of facilities at certain places of work [Revoked] Page 5 5 10 10 11 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
1 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 Duty in respect of indisposed employees [Revoked] Tests for suitability and sufficiency of facilities Duty in respect of drinking water Duty in respect of cleanliness of place of work Part 2 Duties in relation to management of particular hazards Duties of all employers in relation to noise at any workplace Application of regulation 11 Noise Duties of all employers in relation to some hazards at any workplace Application of regulations 13 to 21 Overcrowding Containers of liquids [Revoked] Loose but enclosed materials [Revoked] Raised objects Cleaning, maintenance, or repair of machinery Woodworking and abrasive grinding machinery Application of regulation 20 Self-propelled mobile mechanical plant Duty in relation to heights at some workplaces Heights of more than 3 metres Duty in relation to scaffolding in construction work Scaffolding Duties in relation to excavations in construction work Application of regulations 24 and 25 Excavations with face more than 1.5 metres high Excavations of hazardous depth Notification of particular hazardous work Notification Part 3 Certificates of competence Certificates of competence Application, issue, renewal, cancellation, and suspension WorkSafe may recognise organisations Application for certificate of competence to be made to chief executive or WorkSafe Application to contain evidence Requirements of applicants Requirements of diver Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Requirements of construction blaster [Revoked] Requirements of powder-actuated tool operator Requirements of scaffolder Investigations by chief executive or WorkSafe Use of information Chief executive or WorkSafe to issue certificate of competence WorkSafe
 to determine duration Renewal of certificate of competence Cancellation or suspension of certificate of competence Replacement of certificate of competence Register Appeal to District Court Fees inclusive of goods and services tax Transitional provisions relating to certificates of competence Part 4 Duties in relation to certificates of competence Duties of employers in relation to divers Application of regulations 48 and 49 Diver Duty in respect of medical fitness of diver Duties of employers in relation to construction work Application of regulations 52 and 53 Construction blaster [Revoked] Powder-actuated tool operator Scaffolder Part 5 Duties in relation to young persons [Revoked] Duties of employers to young persons [Revoked] Employment of young persons [Revoked] Injurious tasks [Revoked] Machinery [Revoked] Tractors and self-propelled mobile mechanical plant [Revoked] Night employment [Revoked] Duties of principals to young persons [Revoked] 58A 58B 58C 58D Application of regulations 58B to 58F [Revoked] Engaging young persons as contractors [Revoked] Injurious tasks [Revoked] Machinery [Revoked] Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 58E 58F Tractors and self-propelled mobile mechanical plant [Revoked] Night work [Revoked] Duties of other persons to young persons [Revoked] 59 60 Presence of young persons [Revoked] Tractors and self-propelled mobile mechanical plant [Revoked] Exception from certain duties relating to tractors 61 Exception for tractors [Revoked] [Revoked] Part 6 Duties in relation to agricultural employees’ accommodation [Revoked] 62 63 64 Application of this Part [Revoked] Accommodation and general facilities for agricultural employees [Revoked] Cooking facilities or meals for agricultural employees [Revoked] Part 7 Duties of designers, manufacturers, and suppliers [Revoked] 65 Sufficient compliance with certain
 duties in this Part [Revoked] Plant [Revoked] 66 67 68 69 Duties of designers of plant [Revoked] Duties of manufacturers and suppliers of plant [Revoked] Protective clothing and protective equipment [Revoked] Duties of designers of protective clothing and protective equipment [Revoked] Duties of manufacturers and suppliers of protective clothing and protective equipment [Revoked] Part 8 Offences [Revoked] 70 Offences [Revoked] Schedule 1 Protective devices or apparatus for woodworking or abrasive grinding machinery 4 33 34 34 34 34 34 35 35 35 35 35 36 36 36 37 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Schedule 2 Fees for issue, renewal, and replacement of certificates of competence r 2 38 Regulations 1 (1) Title and commencement These regulations may be cited as the Health and Safety in Employment Regu- lations 1995.
(2) These regulations shall come into force on 2 October 1995.
2 Interpretation In these regulations, unless the context otherwise requires,— Act means the Health and Safety at Work Act 2015 advanced scaffolding includes— (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) basic scaffolding: suspended scaffolding: a barrow ramp: a bracket scaffold for tank work and formwork: a cantilevered scaffold: a catch net: a hoist that is cantilevered from a scaffold, has a load limit not exceeding 250 kilograms, and is used for no purpose other than the support of ma- terial: hung scaffolding, including scaffolding hung from a chain, tube, or wire rope: a load platform cantilevered from a scaffold: a mast climber: a safety net for public protection: scaffolding associated with a perimeter safety screen or shutter: (m) a sloping platform: (n) (o) a spurred scaffold: tube and coupler scaffolding, including a covered way or gantry made of tube and coupler scaffolding agricultural work— (a) means work on any farm, being work directly related to the operation of the farm; and 5 r 2 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 (b) includes— (i) (ii) horticultural work; and shearing work; and (c) (d) includes cooking for any person carrying out any agricultural work; but does not include any work on any marine or freshwater farm alluvial mining operation has the meaning given to it in the Act basic scaffolding includes— (a) (b) (c) (d) (e) a fall arrest system: a free-standing modular scaffolding system: a gin wheel: a rope: a static line breast bench means a machine that is— (a) (b) fitted with a circular saw; and used to reduce flitches from the log breakdown to smaller dimension timber when the flitches are fed manually past the saw with or without the assistance of horizontal live feed and return rollers certificate of competence means a certificate of one of the kinds referred to in regulation 27 chief executive means the chief executive of an organisation recognised under regulation 28 construction work— (a) means any work in connection with the alteration,
 cleaning, construc- tion, demolition, dismantling, erection, installation, maintenance, paint- ing, removal, renewal, or repair, of— (i) (ii) (iii) (iv) (v) any building, chimney, edifice, erection, fence, structure, or wall, whether constructed wholly above or below, or partly above and partly below, ground level: any aerodrome, cableway, canal, harbour works, motorway, rail- way, road, or tramway: any thing having the purpose of drainage, flood control, irrigation, or river control: any distribution system or network having the purpose of carrying electricity, gas, telecommunications, or water: any aqueduct, bridge, culvert, dam, earthwork, pipeline, reclama- tion, reservoir, or viaduct: (vi) any scaffolding; and 6 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 r 2 (b) (c) (d) (e) includes any work in connection with any excavation, preparatory work, or site preparation carried out for the purposes of any work referred to in paragraph (a); and includes any work referred to in paragraph (a) or paragraph (b) carried out underwater, including work on buoys, obstructions to navigation, rafts, ships, and wrecks; and includes the use of any materials or plant for the purposes of any work referred to in any of paragraphs (a) to (c); and includes any inspection or other work carried out for the purposes of as- certaining whether any work referred to in any of paragraphs (a) to (c) should be carried out; but (f) does not include any work in any mine, quarry, or tunnel current, in relation to a certificate of competence, means a certificate of com- petence that has been issued under regulation 38 and has not expired or been cancelled or suspended under regulation 41 diving means diving under water where the diver breathes gases at greater than atmospheric pressure; and diver has a corresponding meaning logging— (a) means felling trees by manual or mechanical means for the purpose of extracting logs, poles, and posts; and (b) includes
 extracting logs to an area within a forest for processing and loading out mining operation has the meaning given to it in the Act noise includes sound energy of any frequency, whether or not capable of being perceived by the unaided human ear notifiable work means— (a) (b) any restricted work, as that term is defined in regulation 2(1) of the Health and Safety in Employment (Asbestos) Regulations 1998: any logging operation or tree-felling operation, being an operation that is undertaken for commercial purposes: (c) any construction work of 1 or more of the following kinds: (i) work in which a risk arises that any person may fall 5 metres or more, other than— (A) work in connection with a residential building up to and in- cluding 2 full storeys: (B) work on overhead telecommunications lines and overhead electric power lines: (C) work carried out from a ladder only: (D) maintenance and repair work of a minor or routine nature: 7 r 2 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 (ii) the erection or dismantling of scaffolding from which any person may fall 5 metres or more: (iii) work using a lifting appliance where the appliance has to lift a mass of 500 kilograms or more a vertical distance of 5 metres or more, other than work using an excavator, a fork-lift, or a self-pro- pelled mobile crane: (iv) work in any pit, shaft, trench, or other excavation in which any person is required to work in a space more than 1.5 metres deep and having a depth greater than the horizontal width at the top: (v) work in any drive, excavation, or heading in which any person is required to work with a ground cover overhead: (vi) work in any excavation in which any face has a vertical height of more than 5 metres and an average slope steeper than a ratio of 1 horizontal to 2 vertical: (vii) work in which any explosive is used or in which any explosive is kept on the site for the purpose of being used: (viii) work in which any person breathes air that is or has
 been com- pressed or a respiratory medium other than air overhand planing machine means a machine for planing or smoothing the surface of material by passing it over cutters plant means plant that is to be used or is used in a workplace protective clothing means protective clothing that is to be used or is used in a place of work protective equipment means protective equipment that is to be used or is used in a place of work quarrying operation has the meaning given to it in the Act scaffolding— (a) means any advanced scaffolding, basic scaffolding, or suspended scaf- folding or any framework or structure, of a temporary nature, used or in- tended to be used— (i) (ii) for the support or protection of persons carrying out construction work or work connected with construction work, for the purpose of carrying out that work; or for the support of materials used in connection with any such work; and (b) (c) includes any scaffolding constructed as such and not dismantled, wheth- er or not it is being used as scaffolding; and includes any coupling, device, fastening, fitting, or plank used in con- nection with the construction, erection, or use of scaffolding 8 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 r 2 shoring means any material that is or can be used to provide effective support for the exposed face of an excavation; and shored has a corresponding mean- ing supplier,— (a) (b) in relation to plant, includes any person who sells or hires any plant or offers any plant for sale or hire: in relation to protective clothing or protective equipment, includes any person who sells or hires any protective clothing or protective equipment or offers any protective clothing or protective equipment for sale or hire suspended scaffolding includes— (a) (b) a boatswain’s chair, whether hand-hauled or mechanical: a swinging stage, whether hand-hauled or mechanical tree-felling means felling trees by manual or mechanical means for any pur- pose— (a)
 (b) other than extracting logs, poles, and posts; but including the purposes of— (i) (ii) harvesting firewood commercially: land clearance: (iii) maintaining shelter belts for horticulture: (iv) maintaining or removing trees in the vicinity of overhead power lines: (v) managing and caring for trees in the general community: (vi) silviculture: (vii) willow layering and any other work in catchment or soil erosion operations wholesome, in relation to water, means complying with the drinking-water standards issued or adopted under section 69O of the Health Act 1956.
Regulation 2 Act: replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 2 alluvial mining operation: inserted, on 16 December 2013, by regulation 235(2) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).

Regulation 2 mine: revoked, on 16 December 2013, by regulation 235(3) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).
Regulation 2 mining operation: inserted, on 16 December 2013, by regulation 235(3) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).

Regulation 2 notifiable work paragraph (a): amended, on 14 January 1999, by regulation 37 of the Health and Safety in Employment (Asbestos) Regulations 1998 (SR 1998/443).

Regulation 2 plant: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
9 r 3 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 Regulation 2 quarry: revoked, on 16 December 2013, by regulation 235(4) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).

Regulation 2 quarrying operation: inserted, on 16 December 2013, by regulation 235(4) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).
Regulation 2 registered engineer: revoked, on 1 January 2004, by section 76 of the Chartered Pro- fessional Engineers of New Zealand Act 2002 (2002 No 17).

Regulation 2 tunnel: revoked, on 16 December 2013, by regulation 235(5) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).

Regulation 2 wholesome: substituted, on 1 July 2008, by section 19 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
3 Relationship between Act and regulations A person on whom a duty is imposed by these regulations in relation to a par- ticular set of circumstances shall, on the occurrence of those circumstances, comply with that duty, notwithstanding that the Act may impose the same, a similar, or an additional duty on that person in relation to that set of circum- stances.
Part 1 General duties of employers 4 (1) Duties in respect of facilities at every place of work Every employer shall take all practicable steps to ensure— (a) (b) (c) (d) (e) that facilities of the kinds described in subclause (2) are provided at every place of work under the control of that employer; and that any such facilities are suitable for the purpose for which they are to be used; and that any such facilities are provided in sufficient numbers; and that any such facilities are maintained in good order and condition; and that all employees have access to any such facilities in a way that is con- venient to them.
(2) The facilities referred to in subclause (1) are— (a) (b) toilets: hand-washing facilities: (c) means of leaving the place of work in an emergency: (d) (e) first-aid facilities: facilities for lighting for the purposes of enabling employees to perform their work safely and to move safely about the place of work: (f) ventilation providing either fresh or purified air: 10 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 1 r 8 (g) means for controlling humidity that arises from any work process or ac- tivity: (h) means for controlling atmospheric conditions, including air velocity, ra- diant heat, and temperature: (i) (j) (k) facilities to enable any atmospheric contaminants to be controlled as closely as possible to their source: facilities for treating or carrying off any atmospheric contaminants for the purpose of minimising the likelihood that any atmospheric contamin- ants will be a cause or source of harm to any employee: facilities for employees to have meals during work hours in reasonable shelter and comfort, being facilities that are separate from any plant or materials used in the place of work and that are protected from any at- mospheric contaminants, dirt, noise, or any other hazard produced by any work process.
5 Duties in respect of facilities at certain places of work [Revoked] Regulation 5: revoked, on 4 April 2016, by regulation 54 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

6 Duty in respect of indisposed employees [Revoked] Regulation 6: revoked, on 4 April 2016, by regulation 54 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
7 (1) Tests for suitability and sufficiency of facilities The suitability of any facilities provided in accordance with regulations 4 to 6 shall be determined having regard to— (a) (b) the purpose for which the facilities are provided; and the circumstances in which the facilities are provided.
(2) The sufficiency of the numbers of any facilities provided in accordance with regulations 4 to 6 shall be determined having regard to— (a) (b) (c) (d) (e) (f) the number of employees in the place of work; and the needs of employees in the place of work; and the nature of the place of work; and the nature of any particular hazard in the place of work; and the type or types of work being carried out in the place of work; and whether or not the work is always carried out at the same place of work.
8 Duty in respect of drinking water Every employer shall take all practicable steps to ensure— 11 Part 1 r 9 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 (a) (b) (c) (d) that drinking water is provided for employees at every place of work under the control of that employer; and that any such drinking water is wholesome; and that the amount of any such drinking water is sufficient, having regard to the number of employees in the place of work and the nature of the place of work; and that all employees have access to any such drinking water in a way that is convenient to them.
9 Duty in respect of cleanliness of place of work Every employer shall take all practicable steps to ensure that every place of work under the control of that employer is kept in a clean and hygienic state.
Part 2 Duties in relation to management of particular hazards Duties of all employers in relation to noise at any workplace 10 (1) Application of regulation 11 In regulation 11, the term employer includes— (a) (b) a person who controls a workplace; and a principal who controls the workplace at which a contractor or subcon- tractor works.
(2) In regulation 11, the term employee,— (a) (b) in relation to a person who controls a workplace, means a person work- ing in the workplace; and in relation to a principal, means an employee of a contractor or subcon- tractor or, if a contractor or subcontractor is an individual, the contractor or subcontractor, being an employee, contractor, or subcontractor doing any work (other than residential work) that the contractor was engaged to do.
Regulation 10(1)(a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 10(1)(b): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 10(2)(a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
Noise Every employer must, so far as is reasonably practicable, ensure, in relation to every workplace under the control of that employer, that no employee is ex- posed to noise above the following levels: 11 (1) 12 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 2 r 12 (a) (b) a noise exposure level, LAeq,8h, of 85 dB(A); and a peak noise level, Lpeak, of 140 dB,— whether or not the employee is wearing a personal hearing protection device.
(2) For the purposes of subclause (1),— (a) (b) (c) the noise exposure level, LAeq,8h, is the level of the daily noise exposure normalised to a nominal 8-hour day, in dB(A) referenced to 20 micro- pascals; that is to say, it is the steady noise level that would, in the course of an 8-hour period, cause the same A-frequency-weighted sound energy as that due to the actual noise over the actual working day; and the peak noise level, Lpeak, is the highest frequency-unweighted peak sound pressure level in the workplace in decibels referenced to 20 mi- cropascals, measured using sound measuring equipment with “P” time- weighting, as specified in the Australian Standard numbered AS 1259.1– 1990 and entitled “Sound level meters Part 1: Non-integrating”; and the levels of noise referred to in subclause (1) shall be measured and as- sessed in accordance with the Australian Standard numbered AS 1269– 1989 and entitled “Acoustics—Hearing conservation”.
(3) Where an employer has, so far as is reasonably practicable, taken steps to en- sure that no employee at any workplace under the control of that employer is exposed to noise above the levels specified in subclause (1) but has not elimi- nated the risk that any employee may be exposed to noise above those levels, the employer shall communicate clearly, by way of signs, labelling of machi- nery, or other appropriate means— (a) (b) the fact that noise levels at the workplace are or are likely to be hazard- ous; and the sort of personal hearing protection device that is suitable to protect against the noise levels; and (c) where such a device may be obtained.
Regulation 11(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 11(2)(b): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 11(3): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 11(3)(a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
Duties of all employers in relation to some hazards at any workplace 12 (1) Application of regulations 13 to 21 In regulations 13 to 21, the term employer includes a person who controls a workplace.

13 Part 2 r 13 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 (2) In regulations 13 to 17 and 19 to 21, the term employee, in relation to a person who controls a workplace, means a person working in the workplace.
Regulation 12(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 12(2): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
13 (1) Overcrowding Subject to subclause (2), every employer shall take all practicable steps to en- sure, in relation to every place of work under the control of that employer,— (a) (b) that no part becomes so crowded with people or things or both as to be hazardous to any employee; and that sufficient space is provided in any room in which work is normally performed to permit reasonable movement without that movement being hazardous to any employee.
(2) Nothing in this regulation applies to any place of work— (a) (b) that is a temporary place of work; or that is, or is an integral part of, a structure erected for the purpose of ena- bling any agricultural work or construction work to be carried out.

14 Containers of liquids [Revoked] Regulation 14: revoked, on 4 April 2016, by regulation 55 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
15 Loose but enclosed materials [Revoked] Regulation 15: revoked, on 4 April 2016, by regulation 55 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
16 Raised objects Every employer shall take all practicable steps to ensure, in relation to every place of work under the control of that employer, that, where any employee is under any thing that has been raised or lifted by any means to enable any work to be done, supports or other devices are so placed or used under the thing that it cannot drop or be lowered while the employee is under it.
Cleaning, maintenance, or repair of machinery Subject to subclause (2), every employer must, so far as is reasonably practic- able, ensure, in relation to every workplace under the control of that employer, that, where the cleaning, maintenance, or repair of any machinery while the whole or a part of the machinery is moving may cause harm to any employee, the machinery is not cleaned, maintained, or repaired— 17 (1) 14 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 2 r 19 (a) (b) until every part of the machinery, including any extension or attachment, has been secured against movement, including inadvertent movement; and until every control device has been secured in the inoperative position by the use of locks or lock-out procedures or other equally effective means.
(2) Every employer must, so far as is reasonably practicable, ensure, in relation to any machinery to which subclause (1) applies, that, where it is essential to the process that the machinery performs, or to the procedure for cleaning, main- taining, or repairing the machinery, that the whole or a part of the machinery remains in motion during cleaning, maintenance, or repair,— (a) a procedure is established for the carrying out of the cleaning, mainten- ance, or repair in a safe manner; and (b) the procedure contains at least the following features: (i) no employee who has not been adequately trained for the purpose shall carry out the cleaning, maintenance, or repair: (ii) where it is essential that a part of the machinery remains moving, only that part shall be set in motion; and (c) the procedure is followed on every occasion to which it applies.
Regulation 17(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 17(2): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
18 Woodworking and abrasive grinding machinery Where any machinery of a kind listed in column 1 of Schedule 1 is used in a workplace under the control of any employer, that employer must, so far as is reasonably practicable, ensure that the machinery is provided with a protective device or apparatus— (a) of the kind or kinds listed, opposite the name of that machinery, in col- umn 2 of that schedule; and (b) that is suitable for the purpose for which it is to be used.
Regulation 18: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

19 (1) Application of regulation 20 Subject to subclauses (2) to (6), regulation 20 applies to every self-propelled mobile mechanical plant— (a) upon which any employee rides at a workplace under the control of an employer; and (b) that is provided by that employer.
(2) Regulation 20 does not apply to the following: 15 Part 2 r 19 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) any agricultural harvester: any bus: any car: any crane: any drag line: any fork-lift with a telescopic boom: any log hauler: any paving machinery: any power operated elevated work platform: any tractor used in agricultural work: any truck: any van: any machinery that has a mass of 700 kilograms or less: any machinery used in an alluvial mining operation, a mining operation, or a quarrying operation.
(3) Regulation 20 does not apply to any self-propelled mobile mechanical plant that has been designed to be used on level ground at all times, if the employer has, so far as is reasonably practicable, taken steps to ensure that every em- ployee at every workplace under the control of that employer so uses the self- propelled mobile mechanical plant.
(4) WorkSafe may, by certificate in writing, subject to such conditions, if any, as may be specified in the certificate, exempt from any or all of the provisions of regulation 20— (a) (b) any particular kind of machinery; or any machinery or kind of machinery when used in any particular work or in any particular kind of work,— if satisfied that, having regard to any conditions imposed, the provision or pro- visions in respect of which the exemption is granted are not reasonably practic- able or are not reasonably necessary for the protection of employees using the machinery or, as the case may require, carrying out the work.
(5) WorkSafe may at any time cancel a certificate by which an exemption is gran- ted under subclause (4), if satisfied that it is proper to do so.
(6) Where WorkSafe cancels a certificate under subclause (5), WorkSafe shall— (a) determine a date, being a date allowing a reasonable period after the date of the cancellation, after which the certificate shall cease to have effect: (b) where any such certificate has been issued to any particular person, noti- fy that person of the date of the cancellation and the date after which the certificate shall cease to have effect: 16 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 2 r 20 (c) where any such certificate has not been issued to any particular person, publish by way of a notice in the Gazette the date of the cancellation and the date after which the certificate shall cease to have effect.
Regulation 19(1)(a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 19(2)(n): replaced, on 16 December 2013, by regulation 235(6) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).

Regulation 19(3): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
Regulation 19(4): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 19(5): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 19(6): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
20 (1) Self-propelled mobile mechanical plant Every employer must, so far as is reasonably practicable, ensure that every self-propelled mobile mechanical plant to which this regulation applies is fitted with a roll-over protective structure and a seat belt.
(2) Every employer must, so far as is reasonably practicable, ensure— (a) (b) (c) that every roll-over protective structure fitted to a self-propelled mobile mechanical plant pursuant to subclause (1) is suitable for the purpose for which it is to be used; and that every seat belt fitted to a self-propelled mobile mechanical plant pursuant to subclause (1) is of a kind, and fitted in a manner, that is suit- able for the purpose for which it is to be used; and where the roll-over protective structure fitted to any self-propelled mo- bile mechanical plant pursuant to subclause (1) is damaged so that its ef- fectiveness is substantially reduced, no employee uses the plant until the structure has been either— (i) (ii) replaced; or restored to a condition approved by the manufacturer or the manu- facturer’s principal agent in New Zealand, or by a chartered pro- fessional engineer (as defined in section 6 of the Chartered Profes- sional Engineers of New Zealand Act 2002) with a qualification in mechanical engineering, as equal in strength and effectiveness to the structure as originally fitted.
Regulation 20(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 20(2): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 20(2)(c)(ii): amended, on 1 January 2004, by section 76 of the Chartered Professional En- gineers of New Zealand Act 2002 (2002 No 17).
17 Part 2 r 21 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 Duty in relation to heights at some workplaces Heights of more than 3 metres In this regulation, the term employer does not include any employer who em- ploys any employee to carry out any agricultural work in a workplace under the control of that employer.
Every employer must, so far as is reasonably practicable, ensure, in relation to every workplace under the control of that employer, that, where any employee may fall more than 3 metres,— (a) means are provided to prevent the employee from falling; and (b) any means so provided are suitable for the purpose for which they are to be used.

Regulation 21(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
Regulation 21(2): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Duty in relation to scaffolding in construction work Scaffolding In this regulation, the term employer means— (a) (b) every employer, in relation to every workplace under the control of that employer in which any construction work is carried out; and every person who controls a workplace in which any construction work is carried out.
Every employer must, so far as is reasonably practicable, ensure that, where any construction work cannot be carried out safely without the use of scaffold- ing,— (a) (b) scaffolding is provided; and the scaffolding so provided is— (i) (ii) (iii) suitable for the purpose for which it is to be used; and properly constructed of sound material; and constructed with a sufficient reserve of strength having regard to the loads and stresses to which it may be subjected; and (iv) sufficient in amount for the purpose for which it is to be used.
Regulation 22(1)(a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 22(1)(b): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 22(2): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
21 (1) (2) 22 (1) (2) 18 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 2 r 24 Duties in relation to excavations in construction work 23 (1) Application of regulations 24 and 25 In regulations 24 and 25, the term employer means— (a) (b) every employer, in relation to every workplace under the control of that employer in which any construction work is carried out; and every person who controls a workplace in which any construction work is carried out.
(2) In regulations 24 and 25, the term employee,— (a) (b) in relation to an employer of the kind described in subclause (1)(a), means an employee of that employer; and in relation to a person of the kind described in subclause (1)(b), means a person working in the workplace.

Regulation 23(1)(a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
Regulation 23(1)(b): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 23(2)(b): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

24 (1) Excavations with face more than 1.5 metres high Subject to subclause (2), every employer must, so far as is reasonably practic- able, ensure that, where any face of any excavation is more than 1.5 metres high, that face is shored.
(2) Subclause (1) does not apply where— (a) (b) (c) (d) the face is cut back to a safe slope; or the material in the face is of proven good standing quality under all reasonably foreseeable conditions of work and weather; or by reason of the nature of the work and the position of any employee in the vicinity, there is no danger to any employee; or the provision of shoring is impracticable or unreasonable by reason of the nature of the work and the employer has, so far as is reasonably prac- ticable, taken steps to ensure that other precautions are taken to make the face as safe as possible in the circumstances.
(3) Every employer must, so far as is reasonably practicable, ensure that any shor- ing used in any excavation at the workplace— (a) consists of materials that are suitable for the purpose for which they are to be used, of sound quality, and adequate in strength for the particular use; and 19 Part 2 r 25 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 (b) (c) (d) has bracings, jacks, and struts that are securely held to prevent accidental displacement, and packings and wedges that are held by nails or spikes; and is placed in a proper manner by an experienced person under competent supervision; and is not altered, dismantled, or interfered with except on the instructions of the employer or a representative of the employer.
Regulation 24(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 24(2)(d): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 24(3): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
25 Excavations of hazardous depth Every employer must, so far as is reasonably practicable, ensure, where any ex- cavation is— (a) (b) that— (c) (d) readily accessible to any person; and likely to collect or retain water of such a depth as to constitute a danger to any person,— any such excavation is covered or fenced, when no employee is in the immediate vicinity to prevent access to it by any person; and any such excavation created in the course of the work is covered, fenced, or filled at the completion of the work.
Regulation 25: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Notification of particular hazardous work 26 (1) (2) Notification In this regulation, the term employer includes a person who controls a work- place.
Subject to subclause (4), every employer who intends to commence any notifi- able work or any work that will at any time include any notifiable work must, so far as is reasonably practicable, take steps to lodge notice of that intention in accordance with this regulation.
(3) A notice required to be lodged under subclause (2) shall— (a) be lodged at an office that deals with occupational safety and health mat- ters, being the nearest such office of the Department to the place where the work is to be carried out; and (b) be in writing; and 20 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 3 r 27 (c) be given at least 24 hours before the time at which the employer intends to commence the work; and (d) contain the following particulars— (i) (ii) (iii) (iv) the nature and location of the work; and the name, address, and contact details of the employer; and the intended date of commencement of the work; and the estimated duration of the work.
(4) It shall not be necessary for any employer to comply with subclause (2) before commencing any construction work or tree-felling operation necessary to deal with an emergency arising from— (a) (b) (c) damage caused by any earthquake, explosion, fire, flood, lightning, rain, slip, storm, or washout; or the blockage or breakdown of any drain or sewer; or the blockage or breakdown of any distribution system or network for electricity, gas, telecommunications, or water.
Regulation 26(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 26(2): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
Part 3 Certificates of competence 27 (1) Certificates of competence The following kinds of certificates of competence may be issued under regula- tion 38: (a) (b) (c) (d) a certificate of competence as a diver: [Revoked] a certificate of competence as a powder-actuated tool operator: a certificate of competence as a scaffolder.

(2) A certificate of competence as a diver shall authorise the holder to dive in any category of diving specified in the certificate.
(3) [Revoked] (4) A certificate of competence as a powder-actuated tool operator shall authorise the holder to operate any powder-actuated tool— (a) (b) of a kind specified in the certificate; and in any category of construction work specified in the certificate.
21 Part 3 r 28 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 (5) A certificate of competence as a scaffolder shall authorise the holder to erect, maintain, repair, or dismantle 1, some, or all of the following types of scaffold- ing: (a) (b) (c) basic scaffolding: advanced scaffolding: suspended scaffolding.

Regulation 27(1)(b): revoked, on 16 October 2003, by regulation 3 of the Health and Safety in Em- ployment Amendment Regulations 2003 (SR 2003/257).
Regulation 27(3): revoked, on 16 October 2003, by regulation 3 of the Health and Safety in Employ- ment Amendment Regulations 2003 (SR 2003/257).

Application, issue, renewal, cancellation, and suspension 28 WorkSafe may recognise organisations (1) WorkSafe may, on being satisfied that it is appropriate to do so, recognise any organisation as an organisation that may issue certificates of competence of all kinds or of a particular kind.
(2) WorkSafe may, on being satisfied that it is appropriate to do so, withdraw rec- ognition, in relation to certificates of competence of all kinds or of a particular kind, from any organisation recognised under this regulation.

(3) Where WorkSafe has recognised any organisation, or withdrawn recognition from any organisation, under this regulation, WorkSafe shall publish a notice to that effect in the Gazette.
Regulation 28 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zea- land Act 2013 (2013 No 94).

Regulation 28(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 28(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 28(3): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
29 Application for certificate of competence to be made to chief executive or WorkSafe (1) An application for a certificate of competence shall be made— (a) to the chief executive of an organisation that has been recognised by WorkSafe under regulation 28 as an organisation that may issue certifi- cates of the kind to which the application relates, by lodging the applica- tion at the head office of the organisation; or (b) if no such organisation has been recognised, to WorkSafe, by lodging the application at any office— (i) (ii) that deals with occupational safety and health matters; and that is an office of the Department.
22 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 3 r 34 (2) Every application made under subclause (1) for which a fee is prescribed in Schedule 2 shall be accompanied by the fee so prescribed.

Regulation 29 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zea- land Act 2013 (2013 No 94).

Regulation 29(1)(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
Regulation 29(1)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

30 Application to contain evidence An application for a certificate of competence shall contain evidence of the matters referred to in regulation 31.
31 Requirements of applicants An applicant for a certificate of competence shall— (a) (b) fulfil the requirements of regulation 32(a) to (d) or regulation 34(a) to (c) or regulation 35(a) to (d), as the case may require; and be physically and mentally able to perform any task that it is reasonable to expect the holder of such a certificate to perform; and (c) be of good character and reputation.
Regulation 31(a): amended, on 16 October 2003, by regulation 4 of the Health and Safety in Employ- ment Amendment Regulations 2003 (SR 2003/257).
32 Requirements of diver An applicant for a certificate of competence as a diver shall— (a) (b) (c) have a thorough knowledge of the principles and practices of diving; and have a thorough knowledge of the practices that must be followed to en- able diving to take place safely; and have had suitable recent training, including suitable recent experience, in diving; and (d) be medically fit for diving.
33 Requirements of construction blaster [Revoked] Regulation 33: revoked, on 16 October 2003, by regulation 5 of the Health and Safety in Employ- ment Amendment Regulations 2003 (SR 2003/257).
34 Requirements of powder-actuated tool operator An applicant for a certificate of competence as a powder-actuated tool operator shall— (a) have a thorough knowledge of the operation of powder-actuated tools; and 23 Part 3 r 35 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 (b) (c) have a thorough knowledge of the practices that must be followed to en- able powder-actuated tools to be operated safely; and have had suitable recent training, including suitable recent experience, in the operation of powder-actuated tools.
35 Requirements of scaffolder An applicant for a certificate of competence as a scaffolder shall— (a) (b) (c) (d) have a thorough knowledge of the use or uses to which the type or types of scaffolding in respect of which the applicant seeks a certificate may be put; and have a thorough knowledge of the erection, maintenance, repair, and dis- mantling of the type or types of scaffolding in respect of which the appli- cant seeks a certificate; and have a thorough knowledge of the practices that must be followed to en- able scaffolding of the type or types in respect of which the applicant seeks a certificate to be used, erected, maintained, repaired, and disman- tled safely; and have had suitable recent training, including suitable recent experience, in the use, erection, maintenance, repair, and dismantling of scaffolding of the type or types in respect of which the applicant seeks a certificate.
36 (1) Investigations by chief executive or WorkSafe For the purpose of investigating whether an applicant for a certificate of com- petence is a person to whom regulation 31 applies, the chief executive or WorkSafe, as the case may be, may— (a) (b) request the applicant to supply information on relevant matters; and request any person who the chief executive or WorkSafe believes is able to provide relevant information to provide information on relevant mat- ters.
(2) A request under subclause (1)— (a) shall specify those matters on which the chief executive or WorkSafe, as the case may be, seeks information; and (b) may be made from time to time.

(3) The applicant shall supply information on such matters as may be specified in a request made under subclause (1)(a).
(4) Any person to whom a request is made under subclause (1)(b) shall supply in- formation on such matters as may be specified in the request, if the person holds that information or can reasonably be expected to obtain it.

Every person shall have the same privileges in relation to the giving of infor- mation to the chief executive or WorkSafe, as the case may be, as witnesses have in any court.
(5) 24 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 3 r 39 (6) No person shall be liable to prosecution for any offence against any enactment by reason of that person’s compliance with any requirements of the chief executive or WorkSafe, as the case may be, under this regulation.

Regulation 36 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zea- land Act 2013 (2013 No 94).
Regulation 36(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 36(1)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 36(2)(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 36(5): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
Regulation 36(6): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

37 Use of information For the purpose of determining whether an applicant is a person to whom regu- lation 31 applies, the chief executive or WorkSafe, as the case may be, may take into account any information received in response to the exercise of the powers conferred by regulation 36.
Regulation 37: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
38 Chief executive or WorkSafe to issue certificate of competence (1) A chief executive or WorkSafe, as the case may require, to whom an applica- tion for a certificate of competence is made shall issue the certificate of compe- tence sought in the application, if he or she is satisfied— (a) that the application was made in accordance with regulations 29 and 30; and (b) that the applicant is a person to whom regulation 31 applies.
(2) Where a chief executive or WorkSafe, as the case may require, refuses to issue any certificate of competence, he or she shall supply to the applicant a state- ment of the reasons for the refusal.

Regulation 38 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zea- land Act 2013 (2013 No 94).

Regulation 38(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
Regulation 38(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

39 WorkSafe to determine duration (1) WorkSafe shall from time to time determine the period for which each kind of certificate of competence, issued after a date to be determined by WorkSafe, shall remain in force.
25 Part 3 r 40 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 (2) WorkSafe may determine different periods for different kinds of certificates of competence.

(3) A certificate of competence expires at the close of the day that concludes the period that applies to certificates of competence of that kind.

(4) Every certificate of competence shall show on its face the date on which it ex- pires.
Regulation 39 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zea- land Act 2013 (2013 No 94).

Regulation 39(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 39(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
40 Renewal of certificate of competence (1) An application for the renewal of a certificate of competence shall— (a) (b) (c) be made before the day on which the certificate expires; and be accompanied by the fee, if any, prescribed in Schedule 2; and be made— (i) where the certificate was issued by an organisation recognised under regulation 28, to the chief executive of that organisation; or (ii) where WorkSafe has withdrawn recognition from the organisation that issued the certificate or where the organisation has ceased to exist, to the chief executive of any organisation recognised under regulation 28 whose functions are substantially similar to those of the organisation that issued the certificate or to WorkSafe; or (iii) where the certificate was issued by WorkSafe, to WorkSafe.
(2) Where WorkSafe has, after the date on which a certificate of competence was issued, recognised an organisation under regulation 28 as an organisation that may issue certificates of competence, WorkSafe shall transfer to the organisa- tion any application for a renewal of any certificate of competence that that or- ganisation may issue.
(3) Where an application is made in accordance with this regulation, the certificate of competence to which the application relates shall be renewed, unless the per- son to whom the application is made or transferred cancels or suspends the cer- tificate under regulation 41.

(4) A certificate of competence may be renewed before or after the day on which the certificate expires, but in each case the renewed certificate shall be in force from the commencement of the day following that day.
(5) Subclauses (3) and (4) of regulation 39 apply to a certificate of competence re- newed under this regulation.

Regulation 40(1)(c)(ii): amended, on 16 December 2013, by section 22 of the WorkSafe New Zea- land Act 2013 (2013 No 94).

26 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 3 r 42 Regulation 40(1)(c)(iii): amended, on 16 December 2013, by section 22 of the WorkSafe New Zea- land Act 2013 (2013 No 94).
Regulation 40(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

41 (1) (2) Cancellation or suspension of certificate of competence The person who issued a certificate of competence shall cancel the certificate if he or she is satisfied on reasonable grounds that the holder has died.
The person who issued a certificate of competence shall cancel the certificate if, after giving the holder an opportunity to be heard, he or she is satisfied on reasonable grounds— (a) (b) (c) that the certificate was issued in error; or that the holder’s application for the certificate contained any false infor- mation or evidence; or that the holder either never has been or is no longer a person to whom regulation 31 applies.
(3) The person who issued a certificate of competence shall cancel the certificate or suspend the certificate for such period as he or she thinks fit if, after giving the holder an opportunity to be heard, he or she is satisfied on reasonable grounds— (a) (b) that the holder has been so negligent in carrying out any task that the holder of the certificate could reasonably be expected to perform to a reasonable standard that the life of any person has been or could have been endangered; or that the holder has shown himself or herself unfit to be the holder of the certificate by the improper manner in which he or she has carried out any task that the holder of the certificate could reasonably be expected to perform in a proper manner.
(4) In this regulation, the term person who issued a certificate of competence includes a person to whom an application under regulation 40 is made or trans- ferred.
42 Replacement of certificate of competence (1) An application for a duplicate of a certificate of competence shall— (a) (b) be accompanied by the fee, if any, prescribed in Schedule 2; and be made— (i) where the certificate was issued by an organisation recognised under regulation 28, to the chief executive of that organisation; or (ii) where WorkSafe has withdrawn recognition from the organisation that issued the certificate or where the organisation has ceased to exist, to the chief executive of any organisation recognised under 27 Part 3 r 43 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 regulation 28 whose functions are substantially similar to those of the organisation that issued the certificate or to WorkSafe; or (iii) where the certificate was issued by WorkSafe, to WorkSafe.
(2) Where WorkSafe has, after the date on which a certificate of competence was issued, recognised an organisation under regulation 28 as an organisation that may issue certificates of competence, WorkSafe shall transfer to the chief executive of that organisation any application for a duplicate of any certificate of competence that that organisation may issue.
(3) Where the person to whom an application is made or transferred under this regulation is satisfied that a certificate of competence has been lost or de- stroyed, that person shall issue a duplicate of that certificate.

Regulation 42(1)(b)(ii): amended, on 16 December 2013, by section 22 of the WorkSafe New Zea- land Act 2013 (2013 No 94).

Regulation 42(1)(b)(iii): amended, on 16 December 2013, by section 22 of the WorkSafe New Zea- land Act 2013 (2013 No 94).
Regulation 42(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

43 (1) Register Every organisation recognised under regulation 28 and the Department shall keep a register of the individuals to whom the chief executive or WorkSafe, as the case may be, has issued a certificate of competence.
(2) Every register kept under subclause (1) shall show— (a) (b) (c) (d) (e) the full name of the holder: the kind of certificate the holder holds: the date on which the certificate expires: in relation to a certificate that has been suspended, the date on which the suspension took effect and the date on which the suspension ends: in relation to a certificate that has been cancelled, the date of cancella- tion.
Regulation 43(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 43(2)(e): added, on 12 September 1996, by regulation 33(2) of the Health and Safety in Employment (Mining Administration) Regulations 1996 (SR 1996/220).
44 Appeal to District Court (1) An appeal may be made to a District Court by— (a) (b) an applicant who is dissatisfied with a refusal to issue a certificate of competence under regulation 38: a holder of a certificate of competence who is dissatisfied with a refusal to renew the certificate of competence under regulation 40: 28 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 3 r 46 (c) (d) a holder of a certificate of competence who is dissatisfied with the can- cellation or suspension of the certificate of competence under regulation 41: a holder of a certificate of competence who is dissatisfied with a refusal to issue a duplicate of that certificate under regulation 42.
(2) (3) Part 9 of the District Courts Rules 1992 (SR 1992/109) applies to an appeal brought under subclause (1).

The decision of the District Court on any appeal brought under subclause (1) shall be final.

45 Fees inclusive of goods and services tax The fees prescribed by Schedule 2 are inclusive of goods and services tax under the Goods and Services Tax Act 1985.
46 (1) Transitional provisions relating to certificates of competence This regulation applies to— (a) (b) (c) a certificate of competency granted under the Construction Regulations 1961; or a certificate as a powder-powered tool operator granted under the Con- struction Regulations 1961; or a certificate of registration as a construction diver issued under the Con- struction Regulations 1961— that would have been in force at the commencement of these regulations but for the revocation of the Construction Regulations 1961.
(2) Where a person holds a certificate to which this regulation applies, that person may, before 2 October 1996, make an application under regulation 40 as if that certificate had been in force at the commencement of these regulations and as if— (a) (b) (c) (d) a certificate of competency as a scaffolder were a certificate of compe- tence as a scaffolder issued under these regulations: a certificate of competency as a construction blaster were a certificate of competence as a construction blaster issued under these regulations: a certificate as a powder-powered tool operator were a certificate of competence as a powder-actuated tool operator issued under these regu- lations: a certificate of registration as a construction diver were a certificate of competence as a diver issued under these regulations;— and the provisions of these regulations shall apply accordingly.
(3) For the avoidance of doubt, it is hereby declared that, where a person holds a certificate to which this regulation applies and that person does not, before 29 Part 4 r 47 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 2 October 1996, make an application under regulation 40, that certificate shall have no force or effect on and from 2 October 1996.
Part 4 Duties in relation to certificates of competence Duties of employers in relation to divers 47 (1) (2) 48 (1) Application of regulations 48 and 49 In regulations 48 and 49, the term employer includes a person who controls a workplace.

In regulations 48 and 49, the term employee in relation to a person who con- trols a workplace, means a person working in the workplace.

Regulation 47(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
Regulation 47(2): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Diver Every employer must, so far as is reasonably practicable, ensure that every em- ployee who dives in the course of that employee’s work is the holder of a cur- rent certificate of competence as a diver, being a certificate that authorises the holder to dive in the category of diving in which the employee is diving.
(2) Nothing in this regulation prevents an employee training to become the holder of a certificate of competence as a diver from diving, in the course of that em- ployee’s work, under the direct supervision of the holder of such a certificate, being a current certificate that authorises the holder to dive in the category of diving in which the employee is diving.

Regulation 48(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
49 Duty in respect of medical fitness of diver Notwithstanding anything in regulation 48, every employer must, so far as is reasonably practicable, ensure that every employee who dives in the course of that employee’s work is, at the time of so diving, medically fit for diving.

Regulation 49: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
Duties of employers in relation to construction work Application of regulations 52 and 53 In regulations 52 and 53, the term employer means— (a) every employer, in relation to every workplace under the control of that employer in which any construction work is carried out; and 50 (1) 30 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 4 r 52 (b) every person who controls a workplace in which any construction work is carried out, including, in relation to regulation 52, every person who owns any powder-actuated tool operated in any workplace in the course of construction work.
(2) In regulations 52 and 53, the term employee,— (a) (b) in relation to an employer of the kind described in subclause (1)(a), means an employee of that employer; and in relation to a person of the kind described in subclause (1)(b), means a person working in the workplace.

Regulation 50 heading: amended, on 16 October 2003, by regulation 6(1) of the Health and Safety in Employment Amendment Regulations 2003 (SR 2003/257).
Regulation 50(1): amended, on 16 October 2003, by regulation 6(2) of the Health and Safety in Em- ployment Amendment Regulations 2003 (SR 2003/257).

Regulation 50(1)(a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 50(1)(b): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
Regulation 50(2): amended, on 16 October 2003, by regulation 6(2) of the Health and Safety in Em- ployment Amendment Regulations 2003 (SR 2003/257).

Regulation 50(2)(b): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

51 Construction blaster [Revoked] Regulation 51: revoked, on 16 October 2003, by regulation 7 of the Health and Safety in Employ- ment Amendment Regulations 2003 (SR 2003/257).
52 (1) Powder-actuated tool operator Every employer must, so far as is reasonably practicable, ensure that every em- ployee who, in the course of carrying out construction work, operates a pow- der-actuated tool is the holder of a current certificate of competence as a pow- der-actuated tool operator, being a certificate that authorises the employee to operate the kind of tool being operated in the kind of work being carried out.
(2) Nothing in this regulation prevents an employee training to become the holder of a certificate of competence as a powder-actuated tool operator from operat- ing, in the course of carrying out construction work, a powder-actuated tool under the direct supervision of a holder of such a certificate, being a current certificate that authorises the holder to operate the kind of tool being operated by the employee in the kind of work being carried out by the employee.
Regulation 52(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
31 Part 4 r 53 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 53 (1) Scaffolder Every employer must, so far as is reasonably practicable, ensure that every em- ployee who, in the course of carrying out construction work, erects, maintains, repairs, or dismantles scaffolding (being scaffolding any part of which is 5 metres or more above the ground) is the holder of a current certificate of com- petence with respect to— (a) (b) (c) basic scaffolding, where the scaffolding being erected, maintained, re- paired, or dismantled is basic scaffolding; or advanced scaffolding, where the scaffolding being erected, maintained, repaired, or dismantled is advanced scaffolding; or suspended scaffolding, where the scaffolding being erected, maintained, repaired, or dismantled is suspended scaffolding.
(2) Nothing in this regulation prevents an employee training to become the holder of a certificate of competence as a scaffolder from erecting, maintaining, re- pairing, or dismantling scaffolding (being scaffolding any part of which is 5 metres or more above the ground), in the course of carrying out construction work, under the direct supervision of the holder of such a certificate, being a current certificate that authorises the holder to erect, maintain, repair, or dis- mantle scaffolding of the type that the employee is erecting, maintaining, re- pairing, or dismantling.
Regulation 53(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Part 5 Duties in relation to young persons [Revoked] Part 5: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
Duties of employers to young persons [Revoked] Heading: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

54 Employment of young persons [Revoked] Regulation 54: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
55 Injurious tasks [Revoked] Regulation 55: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

32 Health and Safety in Employment Regulations 1995 Part 5 r 58E Reprinted as at 4 April 2016 56 Machinery [Revoked] Regulation 56: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
57 Tractors and self-propelled mobile mechanical plant [Revoked] Regulation 57: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

58 Night employment [Revoked] Regulation 58: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
Duties of principals to young persons [Revoked] Heading: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

58A Application of regulations 58B to 58F [Revoked] Regulation 58A: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (Gener- al Risk and Workplace Management) Regulations 2016 (LI 2016/13).
58B Engaging young persons as contractors [Revoked] Regulation 58B: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (Gener- al Risk and Workplace Management) Regulations 2016 (LI 2016/13).

58C Injurious tasks [Revoked] Regulation 58C: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (Gener- al Risk and Workplace Management) Regulations 2016 (LI 2016/13).
58D Machinery [Revoked] Regulation 58D: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (Gener- al Risk and Workplace Management) Regulations 2016 (LI 2016/13).

58E Tractors and self-propelled mobile mechanical plant [Revoked] Regulation 58E: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (Gener- al Risk and Workplace Management) Regulations 2016 (LI 2016/13).
33 Part 5 r 58F Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 58F Night work [Revoked] Regulation 58F: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (Gener- al Risk and Workplace Management) Regulations 2016 (LI 2016/13).

Duties of other persons to young persons [Revoked] Heading: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
59 Presence of young persons [Revoked] Regulation 59: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

60 Tractors and self-propelled mobile mechanical plant [Revoked] Regulation 60: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
Exception from certain duties relating to tractors [Revoked] Heading: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

61 Exception for tractors [Revoked] Regulation 61: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
Part 6 Duties in relation to agricultural employees’ accommodation [Revoked] Part 6: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

62 Application of this Part [Revoked] Regulation 62: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
34 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Part 7 r 67 63 Accommodation and general facilities for agricultural employees [Revoked] Regulation 63: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
64 Cooking facilities or meals for agricultural employees [Revoked] Regulation 64: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

Part 7 Duties of designers, manufacturers, and suppliers [Revoked] Part 7: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
65 Sufficient compliance with certain duties in this Part [Revoked] Regulation 65: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

Plant [Revoked] Heading: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
66 Duties of designers of plant [Revoked] Regulation 66: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

67 Duties of manufacturers and suppliers of plant [Revoked] Regulation 67: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
Protective clothing and protective equipment [Revoked] Heading: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
35 Part 7 r 68 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 68 Duties of designers of protective clothing and protective equipment [Revoked] Regulation 68: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).
69 Duties of manufacturers and suppliers of protective clothing and protective equipment [Revoked] Regulation 69: revoked, on 4 April 2016, by regulation 56 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13).

Part 8 Offences [Revoked] Part 8: revoked, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
70 Offences [Revoked] Regulation 70: revoked, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
36 Reprinted as at 4 April 2016 Health and Safety in Employment Regulations 1995 Schedule 1 Schedule 1 Protective devices or apparatus for woodworking or abrasive grinding machinery Type of machinery Breast bench Protective device or apparatus Correctly fitted riving knife Stick for removing waste from the bench top r 18 Circular saw bench Push stick Circular saw used for ripping Correctly fitted riving knife Crosscut circular saw A limiting device to prevent the saw moving beyond the edge of the bench nearest the operator An adequate device to prevent the saw from rebound- ing Where operated by hand, adequate handholds Edger Either— Hand-held abrasive grinding machine (a) (b) anti-kickback fingers; or any other device to prevent kickback— fitted on the operator’s side of the feed roller A control switch that requires constant pressure by the operator Overhead planing machine Cylindrical cutter block Power hand tool circular saw Routing machine A strong, efficient, and easily adjusted cover for the part of the cutter block that is behind the fence A control switch that requires constant pressure by the operator Jig or routing board equipped with safe handholds, unless— (a) (b) the material is secured to the working table and moved by mechanical means; or the material is sufficiently large to provide safe handholds Thicknessing machine Vertical spindle moulding machine Anti-kickback device Spike or push stick Where the nature of the work being done is such that it is impracticable to provide a guard for the spindle and cutter, either— (a) a jig so designed and constructed as to hold the material being moulded and having suitable handholds to afford the operator a firm grip; or (b) an automatic feeding device Where the machine is not constructed in such a way as to render safe the spindle and cutter at the rear of the fence, a suitable cover for the spindle and cutter at the rear of the fence 37 Schedule 2 Health and Safety in Employment Regulations 1995 Reprinted as at 4 April 2016 Any machine operated by a foot
 control pedal Either— (a) an effective cover having sufficient clearance for the operator’s foot; or (b) an effective locking device Schedule 2 Fees for issue, renewal, and replacement of certificates of competence Kind of certificate Diver Scaffolder Issue $90.00 $90.00 rr 29(2), 40(1), 42(1), 45 Renewal or replacement $56.25 $56.25 Schedule 2: amended, on 16 October 2003, by regulation 9 of the Health and Safety in Employment Amendment Regulations 2003 (SR 2003/257).
Bob MacFarlane, Acting for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 24 August 1995.

38 Health and Safety in Employment Regulations 1995 Notes Reprinted as at 4 April 2016 Reprints notes 1 General This is a reprint of the Health and Safety in Employment Regulations 1995 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13): Part 6 Health and Safety at Work Act 2015 (2015 No 70): section 232 WorkSafe New Zealand Act 2013 (2013 No 94): section 22 Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483): regulation 235 Health (Drinking Water) Amendment Act 2007 (2007 No 92): section 19 Health and Safety in Employment Amendment Regulations 2003 (SR 2003/257) Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17): section 76 Health and Safety in Employment (Asbestos) Regulations 1998 (SR 1998/443): regulation 37 Health and Safety in Employment (Mining Administration) Regulations 1996 (SR 1996/220): regula- tion 33 Wellington, New Zealand: Published under the authority of the New Zealand Government—2016 39