Health and Safety in Employment Regulations 1995

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Reprint as at 16 December 2013

Health and Safety in Employment Regulations 1995

(SR 1995/167)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 21st day of August 1995

Her Excellency the Governor-General in Council


Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to section 21 of the Health and Safety in Employment Act 1992, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, on the recommendation of the Minister of Labour, hereby makes the following regulations.


1 Title and commencement

2 Interpretation

3 Relationship between Act and regulations

Part 1
General duties of employers

4 Duties in respect of facilities at every place of work

5 Duties in respect of facilities at certain places of work

6 Duty in respect of indisposed employees

7 Tests for suitability and sufficiency of facilities

8 Duty in respect of drinking water

9 Duty in respect of cleanliness of place of work

Part 2
Duties in relation to management of particular hazards

Duties of all employers in relation to noise at any workplace

10 Application of regulation 11

11 Noise

Duties of all employers in relation to some hazards at any workplace

12 Application of regulations 13 to 21

13 Overcrowding

14 Containers of liquids

15 Loose but enclosed materials

16 Raised objects

17 Cleaning, maintenance, or repair of machinery

18 Woodworking and abrasive grinding machinery

19 Application of regulation 20

20 Self-propelled mobile mechanical plant

Duty in relation to heights at some workplaces

21 Heights of more than 3 metres

Duty in relation to scaffolding in construction work

22 Scaffolding

Duties in relation to excavations in construction work

23 Application of regulations 24 and 25

24 Excavations with face more than 1.5 metres high

25 Excavations of hazardous depth

Notification of particular hazardous work

26 Notification

Part 3
Certificates of competence

27 Certificates of competence

Application, issue, renewal, cancellation, and suspension

28 WorkSafe may recognise organisations

29 Application for certificate of competence to be made to chief executive or WorkSafe

30 Application to contain evidence

31 Requirements of applicants

32 Requirements of diver

33 Requirements of construction blaster [Revoked]

34 Requirements of powder-actuated tool operator

35 Requirements of scaffolder

36 Investigations by chief executive or WorkSafe

37 Use of information

38 Chief executive or WorkSafe to issue certificate of competence

39 WorkSafe to determine duration

40 Renewal of certificate of competence

41 Cancellation or suspension of certificate of competence

42 Replacement of certificate of competence

43 Register

44 Appeal to District Court

45 Fees inclusive of goods and services tax

46 Transitional provisions relating to certificates of competence

Part 4
Duties in relation to certificates of competence

Duties of employers in relation to divers

47 Application of regulations 48 and 49

48 Diver

49 Duty in respect of medical fitness of diver

Duties of employers in relation to construction work

50 Application of regulations 52 and 53

51 Construction blaster [Revoked]

52 Powder-actuated tool operator

53 Scaffolder

Part 5
Duties in relation to young persons

Duties of employers to young persons

54 Employment of young persons

55 Injurious tasks

56 Machinery

57 Tractors and self-propelled mobile mechanical plant

58 Night employment

Duties of principals to young persons

58A Application of regulations 58B to 58F

58B Engaging young persons as contractors

58C Injurious tasks

58D Machinery

58E Tractors and self-propelled mobile mechanical plant

58F Night work

Duties of other persons to young persons

59 Presence of young persons

60 Tractors and self-propelled mobile mechanical plant

61 Exception for tractors

Part 6
Duties in relation to agricultural employees' accommodation

62 Application of this Part

63 Accommodation and general facilities for agricultural employees

64 Cooking facilities or meals for agricultural employees

Part 7
Duties of designers, manufacturers, and suppliers

65 Sufficient compliance with certain duties in this Part


66 Duties of designers of plant

67 Duties of manufacturers and suppliers of plant

Protective clothing and protective equipment

68 Duties of designers of protective clothing and protective equipment

69 Duties of manufacturers and suppliers of protective clothing and protective equipment

Part 8

70 Offences

Schedule 1
Protective devices or apparatus for woodworking or abrasive grinding machinery

Schedule 2
Fees for issue, renewal, and replacement of certificates of competence

Gazette information

Reprint notes