Health and Safety at Work Act 2015

Schedule 1 Transitional and savings provisions

s 4

1 Interpretation

In this schedule, former Acts means—

Legislative instruments

2 Transitional provision relating to regulations made under former Acts and Factories Act 1946

(1)

The following regulations made under the former Acts and the Factories Act 1946 are to be treated as regulations made under this Act and may be amended or revoked accordingly:

(2)

The regulations specified in subclause (1) may be amended from time to time under the corresponding empowering provisions (if any) in this Act or (if there is no corresponding empowering provision) as if this clause contained the relevant empowering provision (as it read immediately before the commencement of section 231 of this Act).

(3)

Despite the repeal of the Machinery Act 1950 by section 231 of this Act, section 21A of that Act is to be treated as continuing in force until the Amusement Devices Regulations 1978 are revoked.

(4)

A person who contravenes a provision of any regulations specified in subclause (1)(a) to (d) commits an offence and is liable on conviction to a fine not exceeding $50,000.

Compare: 1992 No 96 s 50(1)(b)

3 Transitional provision relating to Geothermal Energy Regulations 1961

(1)

The Geothermal Energy Regulations 1961 (SR 1961/124) made under the Geothermal Energy Act 1953 are to be treated as regulations made under this Act and may be amended or revoked accordingly.

(2)

A person who contravenes a provision of the regulations specified in subclause (1) commits an offence and is liable on conviction to a fine not exceeding $50,000.

Approved codes of practice

4 Transitional provision relating to approved codes of practice

An approved code of practice issued under section 20 of the Health and Safety in Employment Act 1992 continues in force as if it had been made under this Act subject to any necessary modifications.

Exemptions

5 Transitional provision relating to exemptions granted from regulations under Health and Safety in Employment Act 1992

(1)

This clause applies to an exemption granted by WorkSafe under regulations made under the Health and Safety in Employment Act 1992 (including any conditions or limitations imposed on the exemption) and in force immediately before the commencement of this clause.

(2)

On and after the commencement of this clause, the exemption (and any conditions or limitations imposed on the exemption) continues to apply until it is sooner replaced or revoked as if it were granted by the regulator under section 220 of this Act.

6 Transitional provision relating to exemptions granted from regulations and instruments under Hazardous Substances and New Organisms Act 1996

(1)

This clause applies if—

(a)

an exemption from a requirement is granted by WorkSafe, the EPA, or any other regulator, under a regulation or other instrument (for example, a transfer notice) made under the Hazardous Substances and New Organisms Act 1996; and

(b)

the exemption is in effect on the commencement of this clause; and

(c)

the requirement from which the exemption is granted is revoked and replaced, or continued in force, by regulations made under this Act.

(2)

On and after the making of the regulations, notice, or other instrument referred to in subclause (1)(c), the exemption (and any conditions or limitations imposed on the exemption) continues to apply, with any necessary modifications, until—

(a)

it expires; or

(b)

it is sooner revoked or replaced under section 220 or under any other enactment or instrument.

Pre-commencement consultation

7 Pre-commencement consultation relating to regulations, codes of practice, and safe work instruments

(1)

Sections 202, 215(4), and 217(1) and (2) are satisfied in relation to any regulations if action of the kind described in those provisions was taken before their commencement for the purpose of facilitating the making of the regulations.

(2)

Section 222(2) is satisfied in relation to any code of practice if action of the kind described in that provision was taken before its commencement for the purpose of facilitating the making of the code of practice.

(3)

Section 227(3) is satisfied in relation to any safe work instrument if action of the kind described in that subsection was taken before its commencement for the purpose of facilitating the making of the instrument.

Re-incorporation of existing material incorporated by reference

8 Re-incorporation of existing material incorporated by reference

(1)

This clause applies to material (existing material) that, as at the commencement of this clause, is incorporated by reference into—

(b)

any transfer notice made under section 160A of the Hazardous Substances and New Organisms Act 1996; and

(c)

any group standard made under section 96B of the Hazardous Substances and New Organisms Act 1996; and

(d)

any reassessment under section 63 of the Hazardous Substances and New Organisms Act 1996.

(2)

Section 51 of the Legislation Act 2012 (which requires consultation about material proposed to be incorporated by reference) does not apply to regulations made under this Act or safe work instruments approved under section 227 of this Act that incorporate existing material by reference in reliance on section 49 of that Act.

(3)

Existing material that is incorporated by reference in accordance with this clause may—

(a)

include corrections or changes:

(b)

include new material that replaces or supersedes the existing material in whole or in part (for example, a new standard that replaces an earlier standard):

(c)

exclude material that is no longer required.

Inspectors, enforcement officers, and health and safety medical practitioners

9 Transitional provision relating to inspectors and enforcement officers

(1)

A person who, immediately before the commencement of this clause, held office as an inspector, a geothermal inspector, or an enforcement officer (as the case may be) under a provision specified in subclause (2) continues in office on and after that commencement as if the person were appointed as an inspector under section 163 of this Act.

(2)

The provisions are—

(a)

section 29 of the Health and Safety in Employment Act 1992:

(b)

section 5 of the Machinery Act 1950:

(c)

regulation 3 of the Geothermal Energy Regulations 1961:

(d)

section 97B of the Hazardous Substances and New Organisms Act 1996.

(3)

A person who continues to hold office under subclause (1) remains subject to any direction or condition that applied to the person’s appointment before the commencement of this clause.

10 Transitional provision relating to health and safety medical practitioners

(1)

A person’s appointment as a health and safety medical practitioner under section 34 of the Health and Safety in Employment Act 1992 before the commencement of this clause continues on and after that commencement as if the person had been appointed as a health and safety medical practitioner under section 181 of this Act.

(2)

A person who continues to hold office under subclause (1) remains subject to any direction or condition that applied to the person’s appointment before the commencement of this clause.

Funding levy

11 Transitional provision relating to funding levy

If, before the commencement of this clause, a person is liable to pay a levy under section 59 of the Health and Safety in Employment Act 1992 and the levy remains unpaid after payment is due, then, on and after the commencement of this clause,—

(a)

the person must pay the levy as if the levy were payable under section 201 of this Act; and

(b)

this Act applies to the levy in all respects.

Employee participation systems, health and safety representatives, and health and safety committees

12 Transitional provision relating to employee participation systems

An employee participation system developed, agreed, and implemented under section 19C of the Health and Safety in Employment Act 1992 that is in force immediately before the commencement of this clause continues on and after that commencement and must be treated as if it were a worker participation practice under section 61 of this Act and all references in the system to—

(a)

an employer were references to a PCBU as defined in section 17; and

(b)

an employee were references to a worker as defined in section 19; and

(c)

a health and safety representative were references to a health and safety representative elected in accordance with subpart 2 of Part 3; and

(d)

a health and safety committee were references to a health and safety committee established in accordance with section 66.

13 Transitional provision relating to health and safety representatives

(1)

This clause applies to a person who, immediately before the commencement of this clause, was a health and safety representative in accordance with an employee participation system established under section 19C of the Health and Safety in Employment Act 1992 or in accordance with Part 3 of Schedule 1A of that Act.

(2)

The person continues in that role on and after that commencement and must be treated as if the person had been elected as a health and safety representative in accordance with subpart 2 of Part 3 of this Act.

(3)

Part 3 of this Act applies, with any necessary modifications, to a person who continues in his or her role under subclause (1) as if, in relation to the representative, references to a work group or members of a work group were references to the group of workers described in the employee participation system or, if none, the workers in the workplace.

(4)

Subclause (3) is to avoid doubt.

(5)

However, a person to whom this clause applies may not exercise a power conferred by a provision referred to in subclause (6) unless he or she has completed the prescribed training requirements relating to the exercise of the power.

(6)

The provisions are—

(a)

section 69 (which relates to the power to issue a provisional improvement notice):

(b)

section 84 (which relates to the power to direct unsafe work to cease).

14 Transitional provision relating to training of health and safety representatives

(1)

This clause applies if clause 12 of Schedule 2 commences during a year, being a period starting on 1 April in a year and ending on 31 March in the following year.

(2)

The training requirements for health and safety representatives under clause 12 of Schedule 2 do not take effect until the start of the following year.

15 Transitional provision relating to health and safety committees

A health and safety committee established as part of an employee participation system under section 19C of the Health and Safety in Employment Act 1992 or in accordance with Part 3 of Schedule 1A of that Act continues on and after the commencement of this clause as if it were a health and safety committee established under section 66 of this Act.

Health and safety in mining sector

16 Transitional provision relating to worker participation systems

A worker participation system developed, agreed, and implemented under section 19R of the Health and Safety in Employment Act 1992 that is in force immediately before the commencement of this clause continues on and after that commencement and must be treated as if it were a worker participation practice under section 61 of this Act and all references in the system to—

(a)

a site health and safety representative were references to a health and safety representative elected in accordance with subpart 2 of Part 3; and

(b)

a site health and safety committee were references to a health and safety committee established in accordance with section 66.

17 Transitional provision relating to site health and safety representatives

(1)

This section applies to a person who, immediately before the commencement of this clause, was elected as a site health and safety representative in accordance with a worker participation system established under section 19R of the Health and Safety in Employment Act 1992 or with regulations made under that Act.

(2)

The person continues in that role on and after that commencement and must be treated as if the person had been elected as a health and safety representative in accordance with subpart 2 of Part 3 of this Act.

(3)

Part 3 of this Act applies, with any necessary modifications, to a person who continues in his or her role under subclause (1) as if, in relation to the representative,—

(a)

references to a PCBU (except in section 84) were references to a mine operator; and

(b)

references to a PCBU in section 84 were references to a site senior executive; and

(c)

references to a work group or members of a work group were references to the group of mine workers described in the worker participation system or, if none, to the mine workers in a mining operation; and

(d)

references to a business or undertaking were references to a mining operation.

(4)

In addition, the person may exercise the specific powers of a health and safety representative in the mining sector specified in clauses 8 and 9 of Schedule 3.

(5)

Subclauses (3) and (4) are to avoid doubt.

(6)

However, a person to whom this clause applies may not exercise a power conferred by a provision referred to in subclause (7) unless he or she has completed the prescribed training requirements relating to the exercise of the power.

(7)

The provisions are—

(a)

section 69 (which relates to the power to issue a provisional improvement notice):

(b)

section 84 (which relates to the power to direct unsafe work to cease):

(c)

clauses 8 and 9 of Schedule 3 (which relates to the power to give notice requiring suspension of a mining operation and the power to require a mining operation to stop in case of serious risk to health and safety).

18 Transitional provision relating to site health and safety committees

(1)

A site health and safety committee established as part of a worker participation system under section 19R of the Health and Safety in Employment Act 1992 continues on and after the commencement of this clause as if it were a health and safety committee established under section 66 of this Act.

(2)

Part 3 of this Act applies, with any necessary modifications, to a committee continued under subclause (1) as if, in relation to the committee,—

(a)

references to a PCBU were references to a mine operator; and

(b)

references to a business or undertaking were references to a mining operation.

(3)

Subclause (2) is to avoid doubt.

19 Transitional provision relating to industry health and safety representatives

(1)

A person who, immediately before the commencement of this clause, was appointed as an industry health and safety representative under section 19ZU of the Health and Safety in Employment Act 1992 continues in that role on and after that commencement and must be treated as if the person had been appointed under clause 17 of Schedule 3 of this Act.

(2)

Schedule 3 applies to a person who continues in his or her role as an industry health and safety representative.

20 Transitional provision relating to identity cards issued to industry health and safety representatives

(1)

This clause applies to an identity card given to an industry health and safety representative under section 19ZY of the Health and Safety in Employment Act 1992.

(2)

On and after the commencement of this clause, the identity card must be treated as if it were issued under clause 22 of Schedule 3 of this Act until it expires or is sooner revoked.

21 Transitional provision relating to register of industry health and safety representatives

(1)

This clause applies to the register of industry health and safety representatives kept under section 19ZZB of the Health and Safety in Employment Act 1992.

(2)

On and after the commencement of this clause, the register must be treated as if it were kept under clause 24 of Schedule 3 of this Act.

New Zealand Mining Board of Examiners

22 Continuation of New Zealand Mining Board of Examiners

(1)

The New Zealand Mining Board of Examiners (the Board) established under section 20D of the Health and Safety in Employment Act 1992is continued.

(2)

A person who, immediately before the commencement of this clause, held office as a member of the Board continues in office on and after that commencement and must be treated as if the person were appointed under clause 29 of Schedule 3 of this Act.

23 Savings of Board levy

If, before the commencement of this clause, a mine operator is liable to pay a levy under section 20H of the Health and Safety in Employment Act 1992 and the levy remains unpaid after payment is due, then, on and after the commencement of this clause,—

(a)

the mine operator must pay the levy to the Board as if the levy were payable under clause 31 of Schedule 3 of this Act; and

(b)

this Act applies to the levy in all respects.

Register of accidents and serious harm

24 Continuation of register of accidents and serious harm for transitional period

(1)

This clause applies to a register of accidents and serious harm kept by an employer under section 25 of the Health and Safety in Employment Act 1992.

(2)

The employer must retain the register until the close of the day that is 5 years after the date of the commencement of this clause.

Notices, offences, and contraventions under former Acts

25 Transitional provision relating to notices issued under Health and Safety in Employment Act 1992

(1)

This clause applies to an improvement notice, a prohibition notice, or a hazard notice issued under the Health and Safety in Employment Act 1992 and in force immediately before the commencement of section 231 of this Act.

(2)

The notice continues to have effect as if this Act had not been passed for the purpose of completing any matter relating to the notice.

26 Transitional provision for existing offences and contravention under former Acts

(1)

This clause applies to an offence committed under, or a contravention of,—

(a)

the former Acts before the commencement of section 231 of this Act; and

(b)

regulations made under the former Acts and in force immediately before the commencement of section 231 of this Act but not saved by clause 2(1).

(2)

The former Acts, and the regulations referred to in subclause (1)(b), continue to have effect as if this Act had not been passed for the purpose of—

(a)

investigating an offence or a contravention to which this clause applies:

(b)

commencing or completing proceedings for an offence or a contravention to which this clause applies:

(c)

imposing a penalty or other remedy, or making an order, in relation to an offence or a contravention to which this clause applies.