Health and Safety at Work Act 2015

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Coat of Arms of New Zealand

Health and Safety at Work Act 2015

Public Act
 
2015 No 70
Date of assent
 
4 September 2015
Commencement
 
see section 2

Contents

1Title
2Commencement
3Purpose
4Transitional, savings, and related provisions
5Application of Act to the Crown
6Enforcement of Act against the Crown
7Application of Act to Armed Forces
8Application of Act to intelligence and security agencies
9Application of Act to aircraft in operation
10Application of Act to ships
11Application of Act in exclusive economic zone and in or on continental shelf
12Application of Act to prescribed high-risk plant
13Certain provisions of Part 3 do not apply to members of Armed Forces
14Part 3 does not apply to volunteer workers
15Part 3 does not apply to prisoners
16Interpretation
17Meaning of PCBU
18Meaning of officer
19Meaning of worker
20Meaning of workplace
21Meaning of supply
22Meaning of reasonably practicable
23Meaning of notifiable injury or illness
24Meaning of notifiable incident
25Meaning of notifiable event
26Status of examples
27PCBU must not levy workers
28No contracting out
29Insurance against fines unlawful
30Management of risks
31Duties not transferable
32Person may have more than 1 duty
33More than 1 person may have same duty
34PCBU must consult other PCBUs with same duty
35Compliance with other enactments
36Primary duty of care
37Duty of PCBU who manages or controls workplace
38Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces
39Duty of PCBU who designs plant, substances, or structures
40Duty of PCBU who manufactures plant, substances, or structures
41Duty of PCBU who imports plant, substances, or structures
42Duty of PCBU who supplies plant, substances, or structures
43Duty of PCBU who installs, constructs, or commissions plant or structures
44Duty of officers
45Duties of workers
46Duties of other persons at workplace
47Offence of reckless conduct in respect of duty
48Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness
49Offence of failing to comply with duty
50Liability of officers
51Liability of volunteers
52Liability of certain office holders
53Actions taken to prevent harm
54Proof of intention not required for certain offences
55Duty to preserve sites
56Duty to notify notifiable event
57Requirement to keep records
58Duty to engage with workers
59Nature of engagement
60When engagement is required
61Duty to have worker participation practices
62Election of health and safety representatives
63Requirements for conducting elections
64Determination of work groups
65Determination of numbers of health and safety representatives for work groups
66Health and safety committees
67Further provisions relating to health and safety representatives and health and safety committees
68Further provisions relating to mining sector
69Provisional improvement notices
70Training requirements relating to issue of provisional improvement notice
71Requirements relating to provisional improvement notices
72Provisional improvement notice may include recommendations to remedy contravention
73Minor changes to provisional improvement notice
74Issue of provisional improvement notice
75Cancellation of provisional improvement notice
76Display of provisional improvement notice
77Irregularities or defects in notice
78Offence relating to breach of provisional improvement notice
79Review of provisional improvement notice
80Regulator must ensure inspector reviews notice
81Decision of inspector on review of provisional improvement notice
82Meaning of cease work
83Right of worker to cease or refuse to carry out unsafe work
84Health and safety representative may direct unsafe work to cease
85Training requirements relating to giving direction to cease work
86Alternative work
87Regulator may assist to resolve issues relating to cessation of work
88Meaning of adverse conduct
89Meaning of prohibited health and safety reason
90Prohibition on adverse conduct
91Prohibition on requesting, instructing, inducing, encouraging, authorising, or assisting adverse conduct
92Prohibition on coercion or inducement
93Misrepresentation
94Proof of adverse conduct
95Civil proceedings in relation to engaging in or inducing adverse or coercive conduct
96Procedure for civil proceedings for adverse conduct
97General provisions
98Resolution of work health and safety issues
99Regulator may appoint inspector to assist parties in resolving issue
100Meaning of notice
101Power to issue improvement notices
102Content of improvement notices
103Compliance with improvement notice
104Extension of time for compliance with improvement notices
105Power to issue prohibition notice
106Content of prohibition notice
107Compliance with prohibition notice
108Power to issue non-disturbance notice
109Content of non-disturbance notice
110Compliance with non-disturbance notice
111Issue of subsequent non-disturbance notices
112General provisions relating to notices
113Changes to notice by inspector
114Regulator may vary or cancel notice
115Formal irregularities or defects in notice
116Issue of notice
117Display of notice at workplace by person issued with notice
118Inspector may display notice
119When regulator may carry out remedial action
120Power of regulator to take other remedial action
121Costs of remedial or other action
122Civil proceedings relating to non-compliance with notice
123Regulator may accept enforceable undertakings
124Notice of decision and reasons for decision
125When enforceable undertaking is enforceable
126Compliance with enforceable undertaking
127Contravention of enforceable undertaking
128Withdrawal or variation of enforceable undertaking
129Proceedings for alleged contravention
130Interpretation
131Application for internal review
132Decision of regulator
133Notice of decision on internal review
134Stay of reviewable decision on internal review
135Application for appeal
136Interpretation
137Proceedings for infringement offence
138Infringement notices
139Revocation of infringement notice
140Payment of infringement fees
141Meaning of enforcement action
142Person may notify regulator of interest in knowing of enforcement action taken by regulator
143Prosecutions by regulator
144Private prosecutions
145Continuing or repeated matters
146Limitation period for prosecutions brought by regulator
147Extension of time if regulator needs longer to decide whether to bring prosecution
148Limitation period for private prosecutions
149Certain proceedings may be brought after end of limitation period if fresh evidence discovered
150Application of subpart
151Sentencing criteria
152Order for payment of regulator’s costs in bringing prosecution
153Adverse publicity orders
154Orders for restoration
155Work health and safety project orders
156Release on giving of court-ordered enforceable undertaking
157Injunctions
158Training orders
159Offence to fail to comply with order
160State of mind of directors, employees, or agents attributed
161Conduct of directors, employees, or agents attributed
162Proceedings involving classified security information
163Appointment of inspectors
164Identity cards
165Suspension and ending of appointment of inspectors
166Inspectors subject to regulator’s directions
167Regulator has powers of inspector
168Powers of entry and inspection
169Power to enter homes
170Power to deal with cause of imminent danger
171Notice of entry
172Power to take samples and other objects and things
173Power of regulator to authorise making of applications for search warrants
174Continuation of powers of entry and inspection without search warrants
175Power to require name and address
176Duty to assist inspectors
177Immunity of inspectors and persons assisting inspectors or regulator
178Offence for failing to provide inspector with correct name and residential address
179Offence to hinder or obstruct inspector
180Offence to impersonate inspector
181Appointment of health and safety medical practitioners
182Suspension and ending of appointment of health and safety medical practitioners
183Powers of entry and inspection of health and safety medical practitioners
184Health and safety medical practitioners may require workers to be medically examined
185Health and safety medical practitioners may suspend workers in certain cases
186Immunity of health and safety medical practitioners and persons assisting health and safety medical practitioners
187Offence to hinder or obstruct health and safety medical practitioner
188Offence to impersonate health and safety medical practitioner
189Role of WorkSafe
190Functions and powers of regulator other than WorkSafe
191Designated agencies
192Role of designated agencies
193Proceedings not to be questioned for want of form
194Designated agency must give effect to joint policy directions
195Health and Safety at Work Strategy
196Workplace injury prevention
197Sharing of information between regulator and regulatory agencies
198Requirement of other regulator to notify WorkSafe of notifiable event
199Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury
200Coroner may call for report on fatal accident
201Funding levy
202Consultation requirement relating to funding levy
203Meaning of authorised
204Requirements for authorisation of workplaces
205Requirements for authorisation of plant or substance
206Requirements for authorisation of work
207Requirements for prescribed qualifications or experience
208Requirement to comply with conditions of authorisation
209Offence to give false or misleading information
210Confidentiality of information
211Regulations relating to health and safety
212Regulations relating to hazardous substances
213Regulations relating to exemptions in respect of Armed Forces
214Regulations relating to worker engagement, participation, and representation
215Regulations relating to levies
216Regulations providing for transitional matters
217Consultation requirements for making certain regulations
218Further provisions relating to regulations
219Procedure for making regulations relating to definitions, exclusions, or exemptions
220Regulator may grant exemption from compliance with regulations
221Status and publication of exemptions granted by regulator
222Approval of codes of practice
223Publication and commencement of approved code of practice
224Access to approved codes of practice
225Proof of codes of practice
226Use of approved codes of practice in proceedings
227Minister may approve safe work instruments
228Legal effect of safe work instruments
229Minister may delegate approval of codes of practice and safe work instruments to regulator
230Relationship between regulations relating to hazardous substances under this Act and Resource Management Act 1991
231Repeals and revocations
232Consequential amendments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: