Health and Safety in Employment Act 1992

  • repealed
  • Health and Safety in Employment Act 1992: repealed, on 4 April 2016, by section 231(1) of the Health and Safety at Work Act 2015 (2015 No 70).

Reprint as at 4 April 2016

Coat of Arms of New Zealand

Health and Safety in Employment Act 1992

Public Act
 
1992 No 96
Date of assent
 
27 October 1992
Commencement
 
see section 1(2)

Health and Safety in Employment Act 1992: repealed, on 4 April 2016, by section 231(1) of the Health and Safety at Work Act 2015 (2015 No 70).

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.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title
1Short Title and commencement
2Interpretation
2AAll practicable steps
3Application of Act to the Crown
3AApplication of Act to aircraft
3BApplication of Act to ships
3CApplication of certain provisions to volunteers doing regular work
3DProtections for other volunteers
3EApplication of Act to persons receiving on the job training or gaining work experience
3FApplication of Act to loaned employees
3GProvisions affecting application of amendments to this Act
4Act not to affect other legislation
5Object of Act
6Employers to ensure safety of employees
7Identification of hazards
8Significant hazards to employees to be eliminated if practicable
9Significant hazards to employees to be isolated where elimination impracticable
10Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable
11Employees to be given results of monitoring
12Information for employees generally and health and safety representatives
12AMine workers to be given results of monitoring
12BInformation for site health and safety representatives
13Training and supervision
13AATraining and supervision of mine workers
13ALimited child care centre employees must be suitable
13BPolice vetting of employees at limited child care centres
13CPolice vetting of contractors and their employees who work at limited child care centres
13DPolice vet must be obtained before person has unsupervised access to children
13EProcedures relating to Police vets under section 13B or 13C
14Employers to involve employees in development of health and safety procedures [Repealed]
15Duties of employers to people who are not employees
16Duties of persons who control places of work
17Duties of self-employed people
18Duties of principals
18ADuties of persons selling or supplying plant for use in place of work
19Duties of employees
19APurpose of Part 2A
19BGeneral duty to involve employees in health and safety matters
19CDevelopment of employee participation system
19DProvisions that apply if employer and employees fail to develop system for employee participation
19ETraining of health and safety representatives
19FCalculation of maximum total number of days’ paid leave for health and safety training
19GMinister may approve occupational health and safety training
19HSystem for employee participation in Armed Forces
19IMeaning of employee in sections 19C(1) and 19F(1)
19JRelationship of this Part with Part 2B
19KPurpose of Part
19LInterpretation
19MMeaning of mining operation
19NMeaning of quarrying operation
19OMeaning of tunnelling operation
19PGovernor-General may, by Order in Council, exclude operations from section 19O
19QGeneral duty to involve mine workers in health and safety matters
19RDevelopment of worker participation system
19STraining of site health and safety representatives
19TReview and replacement of worker participation systems
19UPrescribed provisions apply if no scheme in place
19VElection of site health and safety representatives
19WFunctions of site health and safety representatives
19XNo duty on site health and safety representatives
19YCompetency requirements for exercise of certain powers
19ZPower of site health and safety representative to attend interview
19ZAPower of site health and safety representative to enter and inspect mining operation
19ZBPower of site health and safety representative to examine and copy documents
19ZCPower to require assistance
19ZDPower of site health and safety representative to accompany inspector
19ZESite health and safety representative may consult inspector
19ZFTrained site health and safety representatives may issue hazard notices
19ZGPower of site health and safety representative to give notice requiring suspension of mining operation
19ZHPower of site health and safety representative to require mining operation to stop in case of imminent serious harm
19ZIInspector may cancel order to suspend mining operation
19ZJWorkers must do other work
19ZKWork not to restart until no likelihood of serious harm
19ZLProtection of site health and safety representatives performing functions or exercising powers
19ZMFunctions and powers for health and safety purposes only
19ZNInformation to be used for health and safety purposes only
19ZOHealth and safety representative not to unnecessarily impede production
19ZPProtection from civil and criminal liability
19ZQObligations of mine operators
19ZRWorkSafe may remove site health and safety representative
19ZSElection of another site health and safety representative
19ZTSite health and safety representative may appeal against removal
19ZUAppointment of industry health and safety representatives
19ZVNotice to WorkSafe of appointment or cessation of appointment of representative
19ZWFunctions and powers of industry health and safety representatives
19ZXFurther provision concerning scope of functions and powers of industry health and safety representatives
19ZYIdentity cards
19ZZProduction or display of identity card
19ZZARemoval of industry health and safety representative
19ZZBRegister of industry health and safety representatives
19ZZCAlterations to register
19ZZDSearch of register
20Codes of practice
20ACode to be approved by Minister
20BCourt may have regard to code
20CCodes to be made available
20DNew Zealand Mining Board of Examiners
20EFunctions of Board
20FMembership of Board
20GProceedings of Board
20HBoard levy
21Regulations
22Application of regulations
23Other provisions relating to regulations
24Saving of regulations made under certain repealed enactments
25Recording and notification of accidents and serious harm
25ATransfer of accident information
26No interference at accident scene
27Inquiry into cause of accident
28Coroner may call for report on fatal accident
28AEmployees may refuse to perform work likely to cause serious harm
28BEnforcement by other agencies
29Inspectors
30Functions of inspectors
31Powers of entry and inspection
32Inspectors to prove identity
33Powers to take samples and other objects and things
34Appointment of health and safety medical practitioners
35Powers of entry and inspection of health and safety medical practitioners
36Health and safety medical practitioners may require medical examinations of employees
37Health and safety medical practitioners may suspend employees in certain cases
38Administrative provisions
39Inspectors may issue improvement notices
39AInspectors may issue improvement notices in relation to mining operation
40How improvement notices to be given
41Inspectors may issue prohibition notices
41AInspectors may issue prohibition notices in relation to mining operation
42Service of prohibition notices
43Compliance with prohibition notices
44How notices to be addressed
45Matters may be completed by different inspectors
46Appeals against notices
46ATrained health and safety representatives may issue hazard notices
47Duty of assistance
48Obstruction, etc
49Offences likely to cause serious harm
50Other offences
51Actions taken to prevent harm
51ASentencing criteria
52Failure to comply with section 14 [Repealed]
53Proof of intention not required
54Notification to WorkSafe of interest in knowing of enforcement action taken by inspector
54AFiling charging document
54BTime limit for filing charging document
54CExtension of time for person other than inspector to file charging document
54DExtension of time if inspector needs longer to decide whether to file charging document
54EContinuing or repeated matters
55Other provisions relating to offences
56Offences by bodies corporate or Crown organisations
56AInfringement offences
56BInfringement notices
56CPrior warning of infringement offence
56DInspector may require information
56EProcedural requirements for infringement notices
56FInfringement fees
56GPayment of infringement fee
56HEffect of infringement notice
56IInsurance against fines unlawful and of no effect
57Proof of notices
58Personation of inspectors
59Funding
[Repealed]
60Accident Rehabilitation and Compensation Insurance Corporation may provide information [Repealed]
61Inspectors to notify local authority
62Consequential amendments, repeals, revocations, and savings
63Application, savings, and transitional provisions
Reprint notes

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