Health and Safety at Work Bill

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Hon Michael Woodhouse

Health and Safety at Work Bill

Government Bill

192—3A

Contents

Bill note
Key
1Title
2Commencement
3Purpose
4Transitional, savings, and related provisions
5Application of Act to the Crown
5AEnforcement of Act against the Crown
6Application of Act to Armed Forces
6AApplication of Act to intelligence and security agencies
7Application of Act to aircraft in operation
8Application of Act to ships
9Application of Act in exclusive economic zone and in or on continental shelf
10Application of Act to prescribed high-risk plant
10ACertain provisions of Part 3 do not apply to members of Armed Forces
10BPart 3 does not apply to volunteer workers
11Part 3 does not apply to prisoners
12Interpretation
13Meaning of PCBU
13AMeaning of officer
14Meaning of worker
15Meaning of workplace
16Meaning of supply
17Meaning of reasonably practicable
18Meaning of notifiable injury or illness
19Meaning of notifiable incident
20Meaning of notifiable event
21Status of examples
28PCBU must not levy workers
29No contracting out
29AAInsurance against fines unlawful
29AManagement of risks
29BDuties not transferable
29CPerson may have more than 1 duty
29DMore than 1 person may have same duty
29EPCBU must consult other PCBUs with same duty
29FCompliance with other enactments
30Primary duty of care
32Duty of PCBU who manages or controls workplace
33Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces
34Duty of PCBU who designs plant, substances, or structures
35Duty of PCBU who manufactures plant, substances, or structures
36Duty of PCBU who imports plant, substances, or structures
37Duty of PCBU who supplies plant, substances, or structures
38Duty of PCBU who installs, constructs, or commissions plant or structures
39Duty of officers
40Duties of workers
41Duties of other persons at workplace
42Offence of reckless conduct in respect of duty
43Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness
44Offence of failing to comply with duty
45Liability of officers
46Liability of volunteers
47Liability of certain office holders
49Actions taken to prevent harm
50Proof of intention not required for certain offences
51Duty to preserve sites
52Duty to notify notifiable event
53Requirement to keep records
61Duty to engage with workers
62Nature of engagement
63When engagement is required
64Duty to have worker participation practices
65Election of health and safety representatives
65ARequirements for conducting elections
66Determination of work groups
66ADetermination of numbers of health and safety representatives for work groups
86AHealth and safety committees
86BFurther provisions relating to health and safety representatives and health and safety committees
87Further provisions relating to mining sector
92Provisional improvement notices
93Training requirements relating to issue of provisional improvement notice
94Requirements relating to provisional improvement notices
95Provisional improvement notice may include recommendations to remedy contravention
96Minor changes to provisional improvement notice
97Issue of provisional improvement notice
98Cancellation of provisional improvement notice
99Display of provisional improvement notice
100Irregularities or defects in notice
101Offence relating to breach of provisional improvement notice
102Review of provisional improvement notice
103Regulator must ensure inspector reviews notice
104Decision of inspector on review of provisional improvement notice
105Meaning of cease work
106Right of worker to cease or refuse to carry out unsafe work
107Health and safety representative may direct unsafe work to cease
107ATraining requirements relating to giving direction to cease work
108Alternative work
109Regulator may assist to resolve issues relating to cessation of work
110Meaning of adverse conduct
111Meaning of prohibited health and safety reason
112Prohibition on adverse conduct
113Prohibition on requesting, instructing, inducing, encouraging, authorising, or assisting adverse conduct
114Prohibition on coercion or inducement
115Misrepresentation
116Proof of adverse conduct
117Civil proceedings in relation to engaging in or inducing adverse or coercive conduct
118Procedure for civil proceedings for adverse conduct
119General provisions
120Resolution of work health and safety issues
121Regulator may appoint inspector to assist parties in resolving issue
122Meaning of notice
123Power to issue improvement notices
124Content of improvement notices
125Compliance with improvement notice
126Extension of time for compliance with improvement notices
127Power to issue prohibition notice
128Content of prohibition notice
129Compliance with prohibition notice
130Power to issue non-disturbance notice
131Content of non-disturbance notice
132Compliance with non-disturbance notice
133Issue of subsequent non-disturbance notices
134General provisions relating to notices
135Changes to notice by inspector
136Regulator may vary or cancel notice
137Formal irregularities or defects in notice
138Issue of notice
139Display of notice at workplace by person issued with notice
139AInspector may display notice
140When regulator may carry out remedial action
141Power of regulator to take other remedial action
142Costs of remedial or other action
143Civil proceedings relating to non-compliance with notice
144Regulator may accept enforceable undertakings
145Notice of decision and reasons for decision
146When enforceable undertaking is enforceable
147Compliance with enforceable undertaking
148Contravention of enforceable undertaking
149Withdrawal or variation of enforceable undertaking
150Proceedings for alleged contravention
151Interpretation
152Application for internal review
153Decision of regulator
154Notice of decision on internal review
155Stay of reviewable decision on internal review
156Application for appeal
157Interpretation
158Proceedings for infringement offence
159Infringement notices
160Revocation of infringement notice
161Payment of infringement fees
162Meaning of enforcement action
163Person may notify regulator of interest in knowing of enforcement action taken by regulator
164Prosecutions by regulator
165Private prosecutions
166Continuing or repeated matters
167Limitation period for prosecutions brought by regulator
167AExtension of time if regulator needs longer to decide whether to bring prosecution
167BLimitation period for private prosecutions
167CExtension of time for certain proceedings Certain proceedings may be brought after end of limitation period if fresh evidence discovered
168Application of subpart
169Sentencing criteria
170Order for payment of regulator’s costs in bringing prosecution
171Adverse publicity orders
172Orders for restoration
173Work health and safety project orders
174Release on giving of court-ordered enforceable undertaking
175Injunctions
176Training orders
177Offence to fail to comply with order
178State of mind of directors, employees, or agents attributed
179Conduct of directors, employees, or agents attributed
180AProceedings involving classified security information
181Appointment of inspectors
182Identity cards
183Suspension and ending of appointment of inspectors
184Inspectors subject to regulator’s directions
184ARegulator has powers of inspector
185Powers of entry and inspection
186Power to enter homes
187Power to deal with cause of imminent danger
188Notice of entry
189Power to take samples and other objects and things
190Power of regulator to authorise making of applications for search warrants
191Continuation of powers of entry and inspection without search warrants
192Power to require name and address
193Duty to assist inspectors
194Immunity of inspectors and persons assisting inspectors or regulator
195Offence for failing to provide inspector with correct name and residential address
196Offence to hinder or obstruct inspector
197Offence to impersonate inspector
198Appointment of health and safety medical practitioners
198ASuspension and ending of appointment of health and safety medical practitioners
199Powers of entry and inspection of health and safety medical practitioners
200Health and safety medical practitioners may require workers to be medically examined
201Health and safety medical practitioners may suspend workers in certain cases
202Immunity of health and safety medical practitioners and persons assisting health and safety medical practitioners
203Offence to hinder or obstruct health and safety medical practitioner
204Offence to impersonate health and safety medical practitioner
205Role of WorkSafe
206Functions and powers of regulator other than WorkSafe
207Designated agencies
208Role of designated agencies
209Proceedings not to be questioned for want of form
210Designated agency must give effect to joint policy directions
211Health and Safety at Work Strategy
212Workplace injury prevention
213Sharing of information between regulator and regulatory agencies
214Requirement of other regulator to notify WorkSafe of notifiable event
215Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury
216Coroner may call for report on fatal accident
217Funding levy
218Consultation requirement relating to funding levy
218AMeaning of authorised
218BRequirements for authorisation of workplaces
218CRequirements for authorisation of plant or substance
218DRequirements for authorisation of work
218ERequirements for prescribed qualifications or experience
218FRequirement to comply with conditions of authorisation
219Offence to give false or misleading information
220Confidentiality of information
221Regulations relating to health and safety
222Regulations relating to hazardous substances
223Regulations relating to exemptions in respect of Armed Forces
224Regulations relating to worker engagement, participation, and representation
224ARegulations relating to levies
225Regulations providing for transitional matters
226Consultation requirements for making certain regulations
227Further provisions relating to regulations
228Procedure for making regulations relating to definitions, exclusions, or exemptions
228ARegulator may grant exemption from compliance with regulations
228BStatus and publication of exemptions granted by regulator
229Approval of codes of practice
230Publication and commencement of approved code of practice
231Access to approved codes of practice
232Proof of codes of practice
233Use of approved codes of practice in proceedings
234Minister may approve safe work instruments
235Legal effect of safe work instruments
236Minister may delegate approval of codes of practice and safe work instruments to regulator
236ARelationship between regulations relating to hazardous substances under this Act and Resource Management Act 1991
238Repeals and revocations
239Consequential amendments
Legislative history

The Parliament of New Zealand enacts as follows: