New Zealand Legislation: Acts
Acts are laws made by Parliament
The principal Act is amended by inserting, after section 19, the following Part:
“Part 2A
“Employee participation“19A Purpose of Part 2A
The purpose of this Part is to require the participation of employees 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.
“19B General duty to involve employees in health and safety matters
“(1) 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 employees' places of work.
“(2) Without limiting subsection (1), ongoing processes for improvement of health and safety include the matters referred to in sections 6 to 13.
“(3) In complying with this Part, an employer must take into account any approved code of practice for employee participation in workplace health and safety.
“(4) If a health and safety committee or a health and safety representative 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 committee or health and safety representative setting out the reasons for not adopting the proposal.
“(5) In subsection (1), reasonable opportunities means opportunities that are reasonable in the circumstances, having regard to relevant matters such as—
“(a) the number of employees employed by the employer; and
“(b) the number of different places of work for the employees and the distance between them; and
“(c) the likely potential sources or causes of harm in the place of work; and
“(d) the nature of the work that is performed and the way that it is arranged or managed by the employer; and
“(e) the nature of the employment arrangements, including the extent and regularity of employment of seasonal or temporary employees; and
“(f) the willingness of employees and unions to develop employee participation systems; and
“(g) the overriding duty to act in good faith.
“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 location, and 1 or more of the employees, or a union representing them, requires the development of a system for employee participation; or
“(b) 30 or more employees, whether or not at a single location.
“(2) 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) the employer:
“(b) the employees who wish to be involved:
“(c) 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) 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):
“(b) 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.
“(5) A system may allow for more than 1 health and safety representative 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.
“(6) Subsection (2) is complied with if a system of employee participation in health and safety in the place of work is in existence 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
“(b) it specifies a process for its review or is amended to specify a process for its review; and
“(c) it is acceptable to the persons referred to in subsection (2).
“(7) 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.
“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.
“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.
“(2) 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.
“(3) 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) the representative were an eligible employee; and
“(b) the leave were employment relations education leave.
“(4) In this section and section 19F, year —
“(a) means a period of 12 months beginning on 1 April and ending on the close of 31 March; and
“(b) includes the period beginning on 5 May 2003 and ending on the close of 31 March 2004.
“(5) Subsections (1) and (2) are subject to section 19C(4).
“19F Calculation of maximum total number of days' paid leave for health and safety training
“(1) The maximum total number of days' paid leave that an employer 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 2 6–50 6 51–280 1 day for every 8 employees or part of that number 281 or more 35 days plus 5 days for every 100 employees or part of that number “(2)
“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.
“(3) This section is subject to section 19C(4)(b).
“19G Minister may approve occupational health and safety training
“(1) The Minister may approve, by notice in the Gazette, courses of occupational health and safety training to be carried out at a place of work or elsewhere.
“(2) The Minister may approve a course only if he or she is satisfied that the course is—
“(a) consistent with the object of this Act; and
“(b) relevant to the role of a health and safety representative.
“(3) The Minister may delegate his or her power under subsection (1) to 1 or more persons.
“(4) To avoid doubt, a course approved under this section may be a course that is also approved under section 72 of the Employment Relations Act 2000
“19H System for employee participation in Armed Forces
“(1) This Part does not apply to members of the Armed Forces.
“(2) 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.
“(3) The system must be consistent with section 19B.
“(4) The Chief of Defence Force must consult with the Secretary when developing the system.
“19I Meaning of employee in sections 19C(1) and 19F(1)
In sections 19C(1) and 19F(1), an employee means an employee who has worked for his or her employer for at least 180 hours over the previous 12-month period.”
