Health and Safety in Employment Amendment Act 2013

  • repealed
  • Health and Safety in Employment Amendment Act 2013: repealed, on 4 April 2016, pursuant to section 231(1) of the Health and Safety at Work Act 2015 (2015 No 70).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 Amendment Act 2013

Public Act
 
2013 No 95
Date of assent
 
18 November 2013
Commencement
 
see section 2

Health and Safety in Employment Amendment Act 2013: repealed, on 4 April 2016, pursuant to section 231(1) of the Health and Safety at Work Act 2015 (2015 No 70).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

1Title
2Commencement
3Principal Act
4Section 2 amended (Interpretation)
5New section 3G inserted (Provisions affecting application of amendments to this Act)
3GProvisions affecting application of amendments to this Act
6Section 11 amended (Employees to be given results of monitoring)
7New sections 12A and 12B and cross-heading inserted
12AMine workers to be given results of monitoring
12BInformation for site health and safety representatives
8New section 13AA and cross-heading inserted
13AATraining and supervision of mine workers
9Section 19G amended (Minister may approve occupational health and safety training)
10New section 19J inserted (Relationship of this Part with Part 2B)
19JRelationship of this Part with Part 2B
11New Part 2B inserted
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
12Section 20 replaced (Codes of practice)
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
13Section 21 amended (Regulations)
14Section 22 amended (Application of regulations)
15Section 23 amended (Other provisions relating to regulations)
16Section 31 amended (Powers of entry and inspection)
17Section 33 amended (Powers to take samples and other objects and things)
18New section 39A inserted (Inspectors may issue improvement notices in relation to mining operation)
39AInspectors may issue improvement notices in relation to mining operation
19New section 41A inserted (Inspectors may issue prohibition notices in relation to mining operation)
41AInspectors may issue prohibition notices in relation to mining operation
20Section 42 amended (Service of prohibition notices)
21Section 43 amended (Compliance with prohibition notices)
22Section 50 amended (Other offences)
23Section 56D amended (Inspector may require information)
24Section 59 amended (Funding)
25New section 63 and Schedule 1AA inserted
63Application, savings, and transitional provisions
26Further amendments
Reprint notes

The Parliament of New Zealand enacts as follows: