(1) Every employer shall take all practicable steps to ensure—

• (a) that facilities of the kinds described in subclause (2) are provided at every place of work under the control of that employer; and

• (b) that any such facilities are suitable for the purpose for which they are to be used; and

• (c) that any such facilities are provided in sufficient numbers; and

• (d) that any such facilities are maintained in good order and condition; and

• (e) that all employees have access to any such facilities in a way that is convenient to them.

(2) The facilities referred to in subclause (1) are—

• (a) toilets:

• (b) hand-washing facilities:

• (c) means of leaving the place of work in an emergency:

• (d) first-aid facilities:

• (e) facilities for lighting for the purposes of enabling employees to perform their work safely and to move safely about the place of work:

• (f) ventilation providing either fresh or purified air:

• (g) means for controlling humidity that arises from any work process or activity:

• (h) means for controlling atmospheric conditions, including air velocity, radiant heat, and temperature:

• (i) facilities to enable any atmospheric contaminants to be controlled as closely as possible to their source:

• (j) facilities for treating or carrying off any atmospheric contaminants for the purpose of minimising the likelihood that any atmospheric contaminants will be a cause or source of harm to any employee:

• (k) facilities for employees to have meals during work hours in reasonable shelter and comfort, being facilities that are separate from any plant or materials used in the place of work and that are protected from any atmospheric contaminants, dirt, noise, or any other hazard produced by any work process.

(1) Every employer shall take all practicable steps to ensure—

• (a) that facilities of any of the kinds described in subclause (2) are provided for employees at every place of work under the control of that employer where the work is of such a nature that those facilities are required; and

• (b) that any such facilities are suitable for the purpose for which they are to be used; and

• (c) that any such facilities are provided in sufficient numbers; and

• (d) that any such facilities are maintained in good order and condition; and

• (e) that all employees have access to any such facilities in a way that is convenient to them.

(2) The facilities referred to in subclause (1) are,—

• (a) where the work is of such a nature that employees are reasonably likely to need facilities for washing the body, such facilities:

• (b) where the work is of such a nature that employees' clothing is reasonably likely to become contaminated or wet, a place in which to change clothes:

• (c) where the work is of such a nature that it is reasonably likely that employees will bring to the place of work clothes that will not be used at work, facilities for keeping such clothes clean and dry:

• (d) where the work is of such a nature that it is reasonable for employees to perform it while seated, facilities for sitting:

• (e) where the work is of such a nature that it is not reasonable for employees to perform it while seated, facilities for sitting that enable employees to take any reasonable opportunity for rest that may occur in the course of the work:

• (f) where the work is of such a nature that it is reasonably likely that any floor will become wet, facilities that prevent employees from becoming wet, whether by way of drainage of any such floor or otherwise.

(1) Every employer shall take all practicable steps to ensure that any employee who, at any place of work under the control of that employer, feels indisposed may—

• (a) rest in facilities provided at the place of work, if the employer decides that that is the appropriate course of action in the circumstances; or

• (b) leave the place of work, if the employer decides that that is the appropriate course of action in the circumstances.

(2) Every employer shall take all practicable steps to ensure—

• (a) that any facilities provided under subclause (1)(a) are—

  • (i) suitable for the purpose for which they are to be used; and

  • (ii) provided in sufficient numbers; and

  • (iii) maintained in good order and condition; and

• (b) that all employees have access to any such facilities in a way that is convenient to them.

(1) The suitability of any facilities provided in accordance with regulations 4 to 6 shall be determined having regard to—

• (a) the purpose for which the facilities are provided; and

• (b) the circumstances in which the facilities are provided.

(2) The sufficiency of the numbers of any facilities provided in accordance with regulations 4 to 6 shall be determined having regard to—

• (a) the number of employees in the place of work; and

• (b) the needs of employees in the place of work; and

• (c) the nature of the place of work; and

• (d) the nature of any particular hazard in the place of work; and

• (e) the type or types of work being carried out in the place of work; and

• (f) whether or not the work is always carried out at the same place of work.

Every employer shall take all practicable steps to ensure—

• (a) that drinking water is provided for employees at every place of work under the control of that employer; and

• (b) that any such drinking water is wholesome; and

• (c) that the amount of any such drinking water is sufficient, having regard to the number of employees in the place of work and the nature of the place of work; and

• (d) that all employees have access to any such drinking water in a way that is convenient to them.

Every employer shall take all practicable steps to ensure that every place of work under the control of that employer is kept in a clean and hygienic state.

(1) In regulation 11, the term employer includes—

• (a) a person who controls a place of work; and

• (b) a principal who controls the place of work at which a contractor or subcontractor works.

(2) In regulation 11, the term employee,—

• (a) in relation to a person who controls a place of work, means a person working in the place of work; and

• (b) in relation to a principal, means an employee of a contractor or subcontractor or, if a contractor or subcontractor is an individual, the contractor or subcontractor, being an employee, contractor, or subcontractor doing any work (other than residential work) that the contractor was engaged to do.

(1) Every employer shall take all practicable steps to ensure, in relation to every place of work under the control of that employer, that no employee is exposed to noise above the following levels:

• (a) a noise exposure level, L_Aeq,8h, of 85 dB(A); and

• (b) a peak noise level, L_peak, of 140 dB,—

whether or not the employee is wearing a personal hearing protection device.

(2) For the purposes of subclause (1),—

• (a) the noise exposure level, L_Aeq,8h, is the level of the daily noise exposure normalised to a nominal 8-hour day, in dB(A) referenced to 20 micropascals; that is to say, it is the steady noise level that would, in the course of an 8-hour period, cause the same A-frequency-weighted sound energy as that due to the actual noise over the actual working day; and

• (b) the peak noise level, L_peak, is the highest frequency-unweighted peak sound pressure level in the place of work in decibels referenced to 20 micropascals, measured using sound measuring equipment with “P” time-weighting, as specified in the Australian Standard numbered AS 1259.1–1990 and entitled “Sound level meters Part 1: Non-integrating”; and

• (c) the levels of noise referred to in subclause (1) shall be measured and assessed in accordance with the Australian Standard numbered AS 1269–1989 and entitled “Acoustics—Hearing conservation”.

(3) Where an employer has taken all practicable steps to ensure that no employee at any place of work under the control of that employer is exposed to noise above the levels specified in subclause (1) but has not eliminated the risk that any employee may be exposed to noise above those levels, the employer shall communicate clearly, by way of signs, labelling of machinery, or other appropriate means—

• (a) the fact that noise levels at the place of work are or are likely to be hazardous; and

• (b) the sort of personal hearing protection device that is suitable to protect against the noise levels; and

• (c) where such a device may be obtained.

(1) In regulations 13 to 21, the term employer includes a person who controls a place of work.

(2) In regulations 13 to 17 and 19 to 21, the term employee, in relation to a person who controls a place of work, means a person working in the place of work.

(1) Subject to subclause (2), every employer shall take all practicable steps to ensure, in relation to every place of work under the control of that employer,—

• (a) that no part becomes so crowded with people or things or both as to be hazardous to any employee; and

• (b) that sufficient space is provided in any room in which work is normally performed to permit reasonable movement without that movement being hazardous to any employee.

(2) Nothing in this regulation applies to any place of work—

• (a) that is a temporary place of work; or

• (b) that is, or is an integral part of, a structure erected for the purpose of enabling any agricultural work or construction work to be carried out.

(1) In this regulation, the term hazardous container—

• (a) means any enclosure, fixed vessel, pit, structure, sump, vat, or other container of a similar kind—

  • (i) that contains any liquid; and

  • (ii) the edge of which is not at least 1 metre above the adjoining floor, ground, or platform; but

• (b) does not include any drinking trough for animals or any system of water collection, disposal, distribution, or storage.

(2) Every employer shall take all practicable steps to ensure, in relation to every place of work under the control of that employer, that, where there is any hazardous container at that place of work, either—

• (a) the hazardous container is securely covered; or

• (b) there is placed around the hazardous container a secure fence that—

  • (i) extends at least 1 metre above the adjoining floor, ground, or platform; and

  • (ii) is in a position that will provide adequate protection for any employee near the hazardous container.

(1) In this regulation, the term material means material—

• (a) that consists of or includes solid material in such a form or state, or in pieces or particles so small, that it is capable of subsiding or flowing in such a manner as to trap or engulf any person; and

• (b) that is enclosed inside a structure.

(2) Every employer shall take all practicable steps to ensure, in relation to every place of work under the control of that employer, that, where any employee may be trapped or engulfed by material, there is provided a safety-belt or safety harness that is—

• (a) suitable for the purpose for which it is to be used; and

• (b) attached to a lifeline or other device; and

• (c) securely fastened at its extremity; and

• (d) attended by another employee who is competent, equipped, and stationed to effect an immediate rescue, if any employee is so trapped or engulfed.

Every employer shall take all practicable steps to ensure, in relation to every place of work under the control of that employer, that, where any employee is under any thing that has been raised or lifted by any means to enable any work to be done, supports or other devices are so placed or used under the thing that it cannot drop or be lowered while the employee is under it.

(1) Subject to subclause (2), every employer shall take all practicable steps to ensure, in relation to every place of work under the control of that employer, that, where the cleaning, maintenance, or repair of any machinery while the whole or a part of the machinery is moving may cause harm to any employee, the machinery is not cleaned, maintained, or repaired—

• (a) until every part of the machinery, including any extension or attachment, has been secured against movement, including inadvertent movement; and

• (b) until every control device has been secured in the inoperative position by the use of locks or lock-out procedures or other equally effective means.

(2) Every employer shall take all practicable steps to ensure, in relation to any machinery to which subclause (1) applies, that, where it is essential to the process that the machinery performs, or to the procedure for cleaning, maintaining, or repairing the machinery, that the whole or a part of the machinery remains in motion during cleaning, maintenance, or repair,—

• (a) a procedure is established for the carrying out of the cleaning, maintenance, or repair in a safe manner; and

• (b) the procedure contains at least the following features:

  • (i) no employee who has not been adequately trained for the purpose shall carry out the cleaning, maintenance, or repair:

  • (ii) where it is essential that a part of the machinery remains moving, only that part shall be set in motion; and

• (c) the procedure is followed on every occasion to which it applies.

Where any machinery of a kind listed in column 1 of Schedule 1 is used in a place of work under the control of any employer, that employer shall take all practicable steps to ensure that the machinery is provided with a protective device or apparatus—

• (a) of the kind or kinds listed, opposite the name of that machinery, in column 2 of that schedule; and

• (b) that is suitable for the purpose for which it is to be used.

(1) Subject to subclauses (2) to (6), regulation 20 applies to every self-propelled mobile mechanical plant—

• (a) upon which any employee rides at a place of work under the control of an employer; and

• (b) that is provided by that employer.

(2) Regulation 20 does not apply to the following:

• (a) any agricultural harvester:

• (b) any bus:

• (c) any car:

• (d) any crane:

• (e) any drag line:

• (f) any fork-lift with a telescopic boom:

• (g) any log hauler:

• (h) any paving machinery:

• (i) any power operated elevated work platform:

• (j) any tractor used in agricultural work:

• (k) any truck:

• (l) any van:

• (m) any machinery that has a mass of 700 kilograms or less:

• (n) any machinery used in a mine, quarry, or tunnel.

(3) Regulation 20 does not apply to any self-propelled mobile mechanical plant that has been designed to be used on level ground at all times, if the employer takes all practicable steps to ensure that every employee at every place of work under the control of that employer so uses the self-propelled mobile mechanical plant.

(4) The Secretary may, by certificate in writing, subject to such conditions, if any, as may be specified in the certificate, exempt from any or all of the provisions of regulation 20—

• (a) any particular kind of machinery; or

• (b) any machinery or kind of machinery when used in any particular work or in any particular kind of work,—

if satisfied that, having regard to any conditions imposed, the provision or provisions in respect of which the exemption is granted are not reasonably practicable or are not reasonably necessary for the protection of employees using the machinery or, as the case may require, carrying out the work.

(5) The Secretary may at any time cancel a certificate by which an exemption is granted under subclause (4), if satisfied that it is proper to do so.

(6) Where the Secretary cancels a certificate under subclause (5), the Secretary shall—

• (a) determine a date, being a date allowing a reasonable period after the date of the cancellation, after which the certificate shall cease to have effect:

• (b) where any such certificate has been issued to any particular person, notify that person of the date of the cancellation and the date after which the certificate shall cease to have effect:

• (c) where any such certificate has not been issued to any particular person, publish by way of a notice in the Gazette the date of the cancellation and the date after which the certificate shall cease to have effect.

(1) Every employer shall take all practicable steps to ensure that every self-propelled mobile mechanical plant to which this regulation applies is fitted with a roll-over protective structure and a seat belt.

(2) Every employer shall take all practicable steps to ensure—

• (a) that every roll-over protective structure fitted to a self-propelled mobile mechanical plant pursuant to subclause (1) is suitable for the purpose for which it is to be used; and

• (b) that every seat belt fitted to a self-propelled mobile mechanical plant pursuant to subclause (1) is of a kind, and fitted in a manner, that is suitable for the purpose for which it is to be used; and

• (c) where the roll-over protective structure fitted to any self-propelled mobile mechanical plant pursuant to subclause (1) is damaged so that its effectiveness is substantially reduced, no employee uses the plant until the structure has been either—

  • (i) replaced; or

  • (ii) restored to a condition approved by the manufacturer or the manufacturer's principal agent in New Zealand, or by a chartered professional engineer (as defined in section 6 of the Chartered Professional Engineers of New Zealand Act 2002) with a qualification in mechanical engineering, as equal in strength and effectiveness to the structure as originally fitted.

(1) In this regulation, the term employer does not include any employer who employs any employee to carry out any agricultural work in a place of work under the control of that employer.

(2) Every employer shall take all practicable steps to ensure, in relation to every place of work under the control of that employer, that, where any employee may fall more than 3 metres,—

• (a) means are provided to prevent the employee from falling; and

• (b) any means so provided are suitable for the purpose for which they are to be used.

(1) In this regulation, the term employer means—

• (a) every employer, in relation to every place of work under the control of that employer in which any construction work is carried out; and

• (b) every person who controls a place of work in which any construction work is carried out.

(2) Every employer shall take all practicable steps to ensure that, where any construction work cannot be carried out safely without the use of scaffolding,—

• (a) scaffolding is provided; and

• (b) the scaffolding so provided is—

  • (i) suitable for the purpose for which it is to be used; and

  • (ii) properly constructed of sound material; and

  • (iii) constructed with a sufficient reserve of strength having regard to the loads and stresses to which it may be subjected; and

  • (iv) sufficient in amount for the purpose for which it is to be used.

(1) In regulations 24 and 25, the term employer means—

• (a) every employer, in relation to every place of work under the control of that employer in which any construction work is carried out; and

• (b) every person who controls a place of work in which any construction work is carried out.

(2) In regulations 24 and 25, the term employee,—

• (a) in relation to an employer of the kind described in subclause (1)(a), means an employee of that employer; and

• (b) in relation to a person of the kind described in subclause (1)(b), means a person working in the place of work.

(1) Subject to subclause (2), every employer shall take all practicable steps to ensure that, where any face of any excavation is more than 1.5 metres high, that face is shored.

(2) Subclause (1) does not apply where—

• (a) the face is cut back to a safe slope; or

• (b) the material in the face is of proven good standing quality under all reasonably foreseeable conditions of work and weather; or

• (c) by reason of the nature of the work and the position of any employee in the vicinity, there is no danger to any employee; or

• (d) the provision of shoring is impracticable or unreasonable by reason of the nature of the work and the employer takes all practicable steps to ensure that other precautions are taken to make the face as safe as possible in the circumstances.

(3) Every employer shall take all practicable steps to ensure that any shoring used in any excavation at the place of work—

• (a) consists of materials that are suitable for the purpose for which they are to be used, of sound quality, and adequate in strength for the particular use; and

• (b) has bracings, jacks, and struts that are securely held to prevent accidental displacement, and packings and wedges that are held by nails or spikes; and

• (c) is placed in a proper manner by an experienced person under competent supervision; and

• (d) is not altered, dismantled, or interfered with except on the instructions of the employer or a representative of the employer.

Every employer shall take all practicable steps to ensure, where any excavation is—

• (a) readily accessible to any person; and

• (b) likely to collect or retain water of such a depth as to constitute a danger to any person,—

that—

• (c) any such excavation is covered or fenced, when no employee is in the immediate vicinity to prevent access to it by any person; and

• (d) any such excavation created in the course of the work is covered, fenced, or filled at the completion of the work.

(1) In this regulation, the term employer includes a person who controls a place of work.

(2) Subject to subclause (4), every employer who intends to commence any notifiable work or any work that will at any time include any notifiable work shall take all practicable steps to lodge notice of that intention in accordance with this regulation.

(3) A notice required to be lodged under subclause (2) shall—

• (a) be lodged at an office that deals with occupational safety and health matters, being the nearest such office of the Department to the place where the work is to be carried out; and

• (b) be in writing; and

• (c) be given at least 24 hours before the time at which the employer intends to commence the work; and

• (d) contain the following particulars—

  • (i) the nature and location of the work; and

  • (ii) the name, address, and contact details of the employer; and

  • (iii) the intended date of commencement of the work; and

  • (iv) the estimated duration of the work.

(4) It shall not be necessary for any employer to comply with subclause (2) before commencing any construction work or tree-felling operation necessary to deal with an emergency arising from—

• (a) damage caused by any earthquake, explosion, fire, flood, lightning, rain, slip, storm, or washout; or

• (b) the blockage or breakdown of any drain or sewer; or

• (c) the blockage or breakdown of any distribution system or network for electricity, gas, telecommunications, or water.

(1) The following kinds of certificates of competence may be issued under regulation 38:

• (a) a certificate of competence as a diver:

• (b) [Revoked]

• (c) a certificate of competence as a powder-actuated tool operator:

• (d) a certificate of competence as a scaffolder.

(2) A certificate of competence as a diver shall authorise the holder to dive in any category of diving specified in the certificate.

(3) [Revoked]

(4) A certificate of competence as a powder-actuated tool operator shall authorise the holder to operate any powder-actuated tool—

• (a) of a kind specified in the certificate; and

• (b) in any category of construction work specified in the certificate.

(5) A certificate of competence as a scaffolder shall authorise the holder to erect, maintain, repair, or dismantle 1, some, or all of the following types of scaffolding:

• (a) basic scaffolding:

• (b) advanced scaffolding:

• (c) suspended scaffolding.

(1) The Secretary may, on being satisfied that it is appropriate to do so, recognise any organisation as an organisation that may issue certificates of competence of all kinds or of a particular kind.

(2) The Secretary may, on being satisfied that it is appropriate to do so, withdraw recognition, in relation to certificates of competence of all kinds or of a particular kind, from any organisation recognised under this regulation.

(3) Where the Secretary has recognised any organisation, or withdrawn recognition from any organisation, under this regulation, the Secretary shall publish a notice to that effect in the Gazette.

(1) An application for a certificate of competence shall be made—

• (a) to the chief executive of an organisation that has been recognised by the Secretary under regulation 28 as an organisation that may issue certificates of the kind to which the application relates, by lodging the application at the head office of the organisation; or

• (b) if no such organisation has been recognised, to the Secretary, by lodging the application at any office—

  • (i) that deals with occupational safety and health matters; and

  • (ii) that is an office of the Department.

(2) Every application made under subclause (1) for which a fee is prescribed in Schedule 2 shall be accompanied by the fee so prescribed.

An application for a certificate of competence shall contain evidence of the matters referred to in regulation 31.

An applicant for a certificate of competence shall—

• (a) fulfil the requirements of regulation 32(a) to (d) or regulation 34(a) to (c) or regulation 35(a) to (d), as the case may require; and

• (b) be physically and mentally able to perform any task that it is reasonable to expect the holder of such a certificate to perform; and

• (c) be of good character and reputation.

An applicant for a certificate of competence as a diver shall—

• (a) have a thorough knowledge of the principles and practices of diving; and

• (b) have a thorough knowledge of the practices that must be followed to enable diving to take place safely; and

• (c) have had suitable recent training, including suitable recent experience, in diving; and

• (d) be medically fit for diving.

An applicant for a certificate of competence as a powder-actuated tool operator shall—

• (a) have a thorough knowledge of the operation of powder-actuated tools; and

• (b) have a thorough knowledge of the practices that must be followed to enable powder-actuated tools to be operated safely; and

• (c) have had suitable recent training, including suitable recent experience, in the operation of powder-actuated tools.

An applicant for a certificate of competence as a scaffolder shall—

• (a) have a thorough knowledge of the use or uses to which the type or types of scaffolding in respect of which the applicant seeks a certificate may be put; and

• (b) have a thorough knowledge of the erection, maintenance, repair, and dismantling of the type or types of scaffolding in respect of which the applicant seeks a certificate; and

• (c) have a thorough knowledge of the practices that must be followed to enable scaffolding of the type or types in respect of which the applicant seeks a certificate to be used, erected, maintained, repaired, and dismantled safely; and

• (d) have had suitable recent training, including suitable recent experience, in the use, erection, maintenance, repair, and dismantling of scaffolding of the type or types in respect of which the applicant seeks a certificate.

(1) For the purpose of investigating whether an applicant for a certificate of competence is a person to whom regulation 31 applies, the chief executive or the Secretary, as the case may be, may—

• (a) request the applicant to supply information on relevant matters; and

• (b) request any person who the chief executive or the Secretary believes is able to provide relevant information to provide information on relevant matters.

(2) A request under subclause (1)—

• (a) shall specify those matters on which the chief executive or the Secretary, as the case may be, seeks information; and

• (b) may be made from time to time.

(3) The applicant shall supply information on such matters as may be specified in a request made under subclause (1)(a).

(4) Any person to whom a request is made under subclause (1)(b) shall supply information on such matters as may be specified in the request, if the person holds that information or can reasonably be expected to obtain it.

(5) Every person shall have the same privileges in relation to the giving of information to the chief executive or the Secretary, as the case may be, as witnesses have in any court.

(6) No person shall be liable to prosecution for any offence against any enactment by reason of that person's compliance with any requirements of the chief executive or the Secretary, as the case may be, under this regulation.

For the purpose of determining whether an applicant is a person to whom regulation 31 applies, the chief executive or the Secretary, as the case may be, may take into account any information received in response to the exercise of the powers conferred by regulation 36.

(1) A chief executive or the Secretary, as the case may require, to whom an application for a certificate of competence is made shall issue the certificate of competence sought in the application, if he or she is satisfied—

• (a) that the application was made in accordance with regulations 29 and 30; and

• (b) that the applicant is a person to whom regulation 31 applies.

(2) Where a chief executive or the Secretary, as the case may require, refuses to issue any certificate of competence, he or she shall supply to the applicant a statement of the reasons for the refusal.

(1) The Secretary shall from time to time determine the period for which each kind of certificate of competence, issued after a date to be determined by the Secretary, shall remain in force.

(2) The Secretary may determine different periods for different kinds of certificates of competence.

(3) A certificate of competence expires at the close of the day that concludes the period that applies to certificates of competence of that kind.

(4) Every certificate of competence shall show on its face the date on which it expires.

(1) An application for the renewal of a certificate of competence shall—

• (a) be made before the day on which the certificate expires; and

• (b) be accompanied by the fee, if any, prescribed in Schedule 2; and

• (c) be made—

  • (i) where the certificate was issued by an organisation recognised under regulation 28, to the chief executive of that organisation; or

  • (ii) where the Secretary has withdrawn recognition from the organisation that issued the certificate or where the organisation has ceased to exist, to the chief executive of any organisation recognised under regulation 28 whose functions are substantially similar to those of the organisation that issued the certificate or to the Secretary; or

  • (iii) where the certificate was issued by the Secretary, to the Secretary.

(2) Where the Secretary has, after the date on which a certificate of competence was issued, recognised an organisation under regulation 28 as an organisation that may issue certificates of competence, the Secretary shall transfer to the organisation any application for a renewal of any certificate of competence that that organisation may issue.

(3) Where an application is made in accordance with this regulation, the certificate of competence to which the application relates shall be renewed, unless the person to whom the application is made or transferred cancels or suspends the certificate under regulation 41.

(4) A certificate of competence may be renewed before or after the day on which the certificate expires, but in each case the renewed certificate shall be in force from the commencement of the day following that day.

(5) Subclauses (3) and (4) of regulation 39 apply to a certificate of competence renewed under this regulation.

(1) The person who issued a certificate of competence shall cancel the certificate if he or she is satisfied on reasonable grounds that the holder has died.

(2) The person who issued a certificate of competence shall cancel the certificate if, after giving the holder an opportunity to be heard, he or she is satisfied on reasonable grounds—

• (a) that the certificate was issued in error; or

• (b) that the holder's application for the certificate contained any false information or evidence; or

• (c) that the holder either never has been or is no longer a person to whom regulation 31 applies.

(3) The person who issued a certificate of competence shall cancel the certificate or suspend the certificate for such period as he or she thinks fit if, after giving the holder an opportunity to be heard, he or she is satisfied on reasonable grounds—

• (a) that the holder has been so negligent in carrying out any task that the holder of the certificate could reasonably be expected to perform to a reasonable standard that the life of any person has been or could have been endangered; or

• (b) that the holder has shown himself or herself unfit to be the holder of the certificate by the improper manner in which he or she has carried out any task that the holder of the certificate could reasonably be expected to perform in a proper manner.

(4) In this regulation, the term person who issued a certificate of competence includes a person to whom an application under regulation 40 is made or transferred.

(1) An application for a duplicate of a certificate of competence shall—

• (a) be accompanied by the fee, if any, prescribed in Schedule 2; and

• (b) be made—

  • (i) where the certificate was issued by an organisation recognised under regulation 28, to the chief executive of that organisation; or

  • (ii) where the Secretary has withdrawn recognition from the organisation that issued the certificate or where the organisation has ceased to exist, to the chief executive of any organisation recognised under regulation 28 whose functions are substantially similar to those of the organisation that issued the certificate or to the Secretary; or

  • (iii) where the certificate was issued by the Secretary, to the Secretary.

(2) Where the Secretary has, after the date on which a certificate of competence was issued, recognised an organisation under regulation 28 as an organisation that may issue certificates of competence, the Secretary shall transfer to the chief executive of that organisation any application for a duplicate of any certificate of competence that that organisation may issue.

(3) Where the person to whom an application is made or transferred under this regulation is satisfied that a certificate of competence has been lost or destroyed, that person shall issue a duplicate of that certificate.

(1) Every organisation recognised under regulation 28 and the Department shall keep a register of the individuals to whom the chief executive or the Secretary, as the case may be, has issued a certificate of competence.

(2) Every register kept under subclause (1) shall show—

• (a) the full name of the holder:

• (b) the kind of certificate the holder holds:

• (c) the date on which the certificate expires:

• (d) in relation to a certificate that has been suspended, the date on which the suspension took effect and the date on which the suspension ends:

• (e) in relation to a certificate that has been cancelled, the date of cancellation.

(1) An appeal may be made to a District Court by—

• (a) an applicant who is dissatisfied with a refusal to issue a certificate of competence under regulation 38:

• (b) a holder of a certificate of competence who is dissatisfied with a refusal to renew the certificate of competence under regulation 40:

• (c) a holder of a certificate of competence who is dissatisfied with the cancellation or suspension of the certificate of competence under regulation 41:

• (d) a holder of a certificate of competence who is dissatisfied with a refusal to issue a duplicate of that certificate under regulation 42.

(2) Part 9 of the District Courts Rules 1992 (SR 1992/109) applies to an appeal brought under subclause (1).

(3) The decision of the District Court on any appeal brought under subclause (1) shall be final.

The fees prescribed by Schedule 2 are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

(1) This regulation applies to—

• (a) a certificate of competency granted under the Construction Regulations 1961; or

• (b) a certificate as a powder-powered tool operator granted under the Construction Regulations 1961; or

• (c) a certificate of registration as a construction diver issued under the Construction Regulations 1961—

that would have been in force at the commencement of these regulations but for the revocation of the Construction Regulations 1961.

(2) Where a person holds a certificate to which this regulation applies, that person may, before 2 October 1996, make an application under regulation 40 as if that certificate had been in force at the commencement of these regulations and as if—

• (a) a certificate of competency as a scaffolder were a certificate of competence as a scaffolder issued under these regulations:

• (b) a certificate of competency as a construction blaster were a certificate of competence as a construction blaster issued under these regulations:

• (c) a certificate as a powder-powered tool operator were a certificate of competence as a powder-actuated tool operator issued under these regulations:

• (d) a certificate of registration as a construction diver were a certificate of competence as a diver issued under these regulations;—

and the provisions of these regulations shall apply accordingly.

(3) For the avoidance of doubt, it is hereby declared that, where a person holds a certificate to which this regulation applies and that person does not, before 2 October 1996, make an application under regulation 40, that certificate shall have no force or effect on and from 2 October 1996.

(1) In regulations 48 and 49, the term employer includes a person who controls a place of work.

(2) In regulations 48 and 49, the term employee in relation to a person who controls a place of work, means a person working in the place of work.

(1) Every employer shall take all practicable steps to ensure that every employee who dives in the course of that employee's work is the holder of a current certificate of competence as a diver, being a certificate that authorises the holder to dive in the category of diving in which the employee is diving.

(2) Nothing in this regulation prevents an employee training to become the holder of a certificate of competence as a diver from diving, in the course of that employee's work, under the direct supervision of the holder of such a certificate, being a current certificate that authorises the holder to dive in the category of diving in which the employee is diving.

Notwithstanding anything in regulation 48, every employer shall take all practicable steps to ensure that every employee who dives in the course of that employee's work is, at the time of so diving, medically fit for diving.

(1) In regulations 52 and 53, the term employer means—

• (a) every employer, in relation to every place of work under the control of that employer in which any construction work is carried out; and

• (b) every person who controls a place of work in which any construction work is carried out, including, in relation to regulation 52, every person who owns any powder-actuated tool operated in any place of work in the course of construction work.

(2) In regulations 52 and 53, the term employee,—

• (a) in relation to an employer of the kind described in subclause (1)(a), means an employee of that employer; and

• (b) in relation to a person of the kind described in subclause (1)(b), means a person working in the place of work.

(1) Every employer shall take all practicable steps to ensure that every employee who, in the course of carrying out construction work, operates a powder-actuated tool is the holder of a current certificate of competence as a powder-actuated tool operator, being a certificate that authorises the employee to operate the kind of tool being operated in the kind of work being carried out.

(2) Nothing in this regulation prevents an employee training to become the holder of a certificate of competence as a powder-actuated tool operator from operating, in the course of carrying out construction work, a powder-actuated tool under the direct supervision of a holder of such a certificate, being a current certificate that authorises the holder to operate the kind of tool being operated by the employee in the kind of work being carried out by the employee.

(1) Every employer shall take all practicable steps to ensure that every employee who, in the course of carrying out construction work, erects, maintains, repairs, or dismantles scaffolding (being scaffolding any part of which is 5 metres or more above the ground) is the holder of a current certificate of competence with respect to—

• (a) basic scaffolding, where the scaffolding being erected, maintained, repaired, or dismantled is basic scaffolding; or

• (b) advanced scaffolding, where the scaffolding being erected, maintained, repaired, or dismantled is advanced scaffolding; or

• (c) suspended scaffolding, where the scaffolding being erected, maintained, repaired, or dismantled is suspended scaffolding.

(2) Nothing in this regulation prevents an employee training to become the holder of a certificate of competence as a scaffolder from erecting, maintaining, repairing, or dismantling scaffolding (being scaffolding any part of which is 5 metres or more above the ground), in the course of carrying out construction work, under the direct supervision of the holder of such a certificate, being a current certificate that authorises the holder to erect, maintain, repair, or dismantle scaffolding of the type that the employee is erecting, maintaining, repairing, or dismantling.

(1) Subject to subclause (2), every employer shall take all practicable steps to ensure that no employee under the age of 15 years works in any area at a place of work under the control of that employer—

• (a) at any time when goods are being prepared or manufactured for trade or sale in that area:

• (b) at any time when any construction work is being carried out in that area:

• (c) at any time when any logging operation or tree-felling operation is being carried out in that area:

• (d) at any time when any work is being carried out in that area that is likely to cause harm to the health and safety of a person under the age of 15 years.

(2) Subclause (1) does not apply to any area if an employee under the age of 15 years works at all times—

• (a) in any office in that area; or

• (b) in any part of that area used only for selling goods or services.

Every employer shall take all practicable steps to ensure that no employee under the age of 15 years is required to lift any weight or to perform any task at any place of work under the control of that employer, where lifting the weight or performing the task would be likely to be injurious to the employee's health.

Every employer shall take all practicable steps to ensure that no employee under the age of 15 years, at any place of work under the control of that employer,—

• (a) works at or with any machinery; or

• (b) assists with work at or with any machinery.

(1) In this regulation, the term vehicle means—

• (a) any tractor; and

• (b) any self-propelled mobile mechanical plant, other than a car, a truck, a motorcycle, or machinery that has a mass of 700 kilograms or less.

(2) Every employer shall take all practicable steps to ensure that no employee under the age of 15 years, while in any place of work under the control of that employer,—

• (a) drives any vehicle; or

• (b) rides upon any vehicle while it is drawing any implement; or

• (c) rides upon any vehicle while any implement is attached to it; or

• (d) rides upon any implement (not being a sled or trailer designed or adapted exclusively or principally for the carriage of passengers or of goods) drawn by or attached to any vehicle.

Every employer shall take all practicable steps to ensure that no employee under the age of 16 years works, at any place of work under the control of that employer, between the hours of 10 pm on any day and 6 am on the next day, unless the employee's employment is in all respects in accordance with an approved code of practice relating to the employment of people under the age of 16 years between those hours in work of the kind the employee is doing.

(1) Regulations 58B to 58E apply to a principal who engages a person under the age of 15 years as a contractor to do any work (except residential work).

(2) Regulation 58F applies to a principal who engages a person under the age of 16 years as a contractor to do any work (except residential work).

(1) A principal to whom this regulation applies must take all practicable steps to ensure that the contractor does not work in any area at a place of work that is under the control of that principal—

• (a) at any time when goods are being prepared or manufactured for trade or sale in that area:

• (b) at any time when construction work is being carried out in that area:

• (c) at any time when any logging operation or tree-felling operation is being carried out in that area:

• (d) at any time when work is being carried out in that area that is likely to cause harm to the health and safety of a person under the age of 15 years.

(2) However, subclause (1) does not apply to any area if the contractor works at all times—

• (a) in an office in that area; or

• (b) in any part of that area used only for selling goods or services.

A principal to whom this regulation applies must take all practicable steps to ensure that the contractor is not required to lift any weight or to perform any task at any place of work under the control of that principal, if lifting the weight or performing the task would be likely to be injurious to the contractor's health.

A principal to whom this regulation applies must take all practicable steps to ensure that the contractor does not, at any place of work under the control of that principal,—

• (a) work at or with any machinery; or

• (b) assist with work at or with any machinery.

(1) A principal to whom this regulation applies must take all practicable steps to ensure that the contractor does not, while in any place of work under the control of that principal,—

• (a) drive any vehicle; or

• (b) ride upon any vehicle while it is drawing any implement; or

• (c) ride upon any vehicle while any implement is attached to it; or

• (d) ride upon any implement (other than a sled or trailer designed or adapted exclusively or principally for the carriage of passengers or of goods) drawn by or attached to any vehicle.

(2) This regulation is subject to regulation 61.

(3) In this regulation, vehicle means—

• (a) any tractor; and

• (b) any self-propelled mobile mechanical plant, other than a car, a truck, a motorcycle, or machinery that has a mass of 700 kilograms or less.

A principal to whom this regulation applies must take all practicable steps to ensure that the contractor does not work, at any place of work under the control of that principal, between the hours of 10 pm on any day and 6 am on the next day, unless the contractor's work accords in all respects with an approved code of practice relating to the engagement of people under the age of 16 years between those hours in work of the kind the contractor is doing.

(1) Subject to subclause (2), every person who controls a place of work shall take all practicable steps to ensure, in relation to every place of work under the control of that person, that no person under the age of 15 years is present in any area at the place of work—

• (a) at any time when goods are being prepared or manufactured for trade or sale in that area:

• (b) at any time when any construction work is being carried out in that area:

• (c) at any time when any logging operation or tree-felling operation is being carried out in that area:

• (d) at any time when any work is being carried out in that area that is likely to cause harm to the health and safety of a person under the age of 15 years.

(2) Subclause (1) does not apply to any area if any person under the age of 15 years is at all times—

• (a) in any part of that area to which the public generally has access; or

• (b) under the direct supervision of an adult in that area; or

• (c) on a guided tour of that area; or

• (d) in any office in that area; or

• (e) in any part of that area used only for selling goods or services.

(1) In this regulation,—

(2) Subject to regulation 61, every person in control of a place of work shall take all practicable steps to ensure that no youth, while in any place of work under the control of that person,—

• (a) drives any vehicle; or

• (b) rides upon any vehicle while it is drawing any implement; or

• (c) rides upon any vehicle while any implement is attached to it; or

• (d) rides upon any implement (not being a sled or trailer designed or adapted exclusively or principally for the carriage of passengers or of goods) drawn by or attached to any vehicle.

Regulations 58E(1) and 60(2) do not apply where—

• (a) the youth is over the age of 12 years; and

• (b) a tractor is being used in connection with agricultural work; and

• (c) the youth—

  • (i) has been fully trained in the safe operation of the tractor and the safe use of any implement that is being drawn by or is attached to the tractor; or

  • (ii) is being trained in the safe operation of the tractor or the safe use of any implement that is being drawn by or is attached to the tractor.

(1) In this Part, the term employer includes—

• (a) a person who controls a place of work; and

• (b) a principal who controls the place of work at which a contractor or subcontractor works.

(2) In this Part, the term employee includes,—

• (a) in relation to a person who controls a place of work, a person working in the place of work; and

• (b) in relation to a principal, an employee of a contractor or subcontractor or, if a contractor or subcontractor is an individual, the contractor or subcontractor, being an employee, contractor, or subcontractor doing any work (other than residential work) that the contractor was engaged to do.

(1) The facilities to which this regulation applies are—

• (a) toilets:

• (b) washing facilities:

• (c) sleeping facilities:

• (d) lighting in all rooms:

• (e) ventilation in all rooms:

• (f) heating facilities:

• (g) refrigeration facilities:

• (h) rubbish disposal facilities:

• (i) laundry facilities:

• (j) furniture:

• (k) drinking water.

(2) Every employer who employs any employee to carry out any agricultural work shall take all practicable steps—

• (a) to ensure that any such employee lives in accommodation—

  • (i) that is made of permanent materials; and

  • (ii) that is maintained in good order and condition; and

  • (iii) that contains or has access to facilities of the kinds to which this regulation applies; and

• (b) to ensure that any facilities of the kinds referred to in paragraphs (a) to (j) of subclause (1), in the accommodation or to which the accommodation has access, are—

  • (i) suitable for the purposes for which they are to be used; and

  • (ii) sufficient in number or amount; and

  • (iii) maintained in good order and condition; and

• (c) to ensure that any drinking water, in the accommodation or to which the accommodation has access, is—

  • (i) wholesome; and

  • (ii) sufficient in amount.

(3) An employer's duty under subclause (2) applies to any accommodation, whether provided by the employer or the employee, and to any facilities, whether in accommodation provided by the employer or in accommodation provided by the employee.

Every employer who employs any employee to carry out any agricultural work and who provides accommodation for that employee shall take all practicable steps—

• (a) either—

  • (i) to provide all meals to that employee; or

  • (ii) to provide cooking and eating facilities in the accommodation provided; and

• (b) to ensure that any facilities provided under paragraph (a)(ii) are—

  • (i) suitable for the purposes for which they are to be used; and

  • (ii) sufficient in number or amount; and

• (c) to maintain any facilities provided under paragraph (a)(ii) in good order and condition.

(1) The Secretary may, from time to time, grant recognition to any document containing requirements relating to the duties imposed by any of the following provisions of these regulations:

• (a) regulation 66(1):

• (b) regulation 67(1) or (2):

• (c) regulation 68(1):

• (d) regulation 69(1), (2), or (3).

(2) On granting recognition to a document under subclause (1), the Secretary shall publish a notice in the Gazette—

• (a) specifying the title of the document and the provision or provisions to which the requirements in the document relate; and

• (b) stating that the document has been granted recognition under subclause (1).

(3) The Secretary may, at any time, withdraw a recognition granted under subclause (1) and, on doing so, shall publish a notice in the Gazette to that effect.

(4) It shall, for all purposes, be sufficient compliance with a provision to which subclause (1) refers if the designer, manufacturer, or supplier, as the case may be, takes all practicable steps to comply with the requirements in a document—

• (a) that contains requirements relating to the duties imposed by that provision; and

• (b) that is the subject of a current recognition granted under subclause (1).

(5) For the purposes of subclause (4)(b), a document shall be deemed, in the absence of evidence to the contrary, to be the subject of a current recognition granted under subclause (1) if its title is specified in a Gazette notice published under subclause (2) and no Gazette notice notifying the withdrawal of that recognition has been published under subclause (3).

(1) Every designer of plant shall take all practicable steps—

• (a) to design any plant in accordance with applicable ergonomic principles, including (without limitation) any such principles in relation to the placement of any power control; and

• (b) to design any plant in such a way that, if the plant is—

  • (i) manufactured in accordance with the design; and

  • (ii) used for the purpose for which it was designed; and

  • (iii) installed, adjusted, used, cleaned, maintained, repaired, and dismantled in accordance with the designer's instructions,—

there is no likelihood that the plant will be a cause or source of harm to any person, or the likelihood that the plant will be such a cause or source of harm is minimised as far as is practicable.

(2) Every designer of plant shall take all practicable steps to ensure that every manufacturer of the plant receives comprehensive and comprehensible information, including, where relevant, detailed instructions, about—

• (a) the use for which the plant has been designed; and

• (b) how to install, adjust, use, clean, maintain, repair, and dismantle the plant in accordance with the designer's instructions; and

• (c) any other matters about which the manufacturer needs information from the designer in order to be able to carry out the manufacturer's duties under regulation 67.

(1) Every manufacturer and supplier of plant shall take all practicable steps to ensure that any plant manufactured by that manufacturer or supplied by that supplier is so designed that, if the plant is—

• (a) manufactured in accordance with the design; and

• (b) used for the purpose for which it was designed; and

• (c) installed, adjusted, used, cleaned, maintained, repaired, and dismantled in accordance with the designer's instructions,—

there is no likelihood that the plant will be a cause or source of harm to any person, or the likelihood that the plant will be such a cause or source of harm is minimised as far as is practicable.

(2) Every manufacturer and supplier of plant shall take all practicable steps to ensure that any plant manufactured by that manufacturer or supplied by that supplier is so manufactured and tested that, if the plant is—

• (a) used for the purpose for which it was designed; and

• (b) installed, adjusted, used, cleaned, maintained, repaired, and dismantled in accordance with the designer's instructions,—

there is no likelihood that the plant will be a cause or source of harm to any person, or the likelihood that the plant will be such a cause or source of harm is minimised as far as is practicable.

(3) Every manufacturer of plant shall take all practicable steps to ensure that every supplier of the plant receives comprehensive and comprehensible information, including, where relevant, detailed instructions, about—

• (a) the use for which the plant has been designed; and

• (b) how to install, adjust, use, clean, maintain, repair, and dismantle the plant in accordance with the designer's instructions; and

• (c) any other matters about which the supplier needs information from the manufacturer in order to be able to carry out any duty of the supplier under this regulation.

(4) Every supplier of plant shall take all practicable steps to ensure that every purchaser or hirer of the plant receives comprehensive and comprehensible information, including, where relevant, detailed instructions, about—

• (a) the use for which the plant has been designed; and

• (b) how to install, adjust, use, clean, maintain, repair, and dismantle the plant in accordance with the designer's instructions; and

• (c) any other matters about which the purchaser or hirer needs information from the supplier in order to be able to carry out any duty of the purchaser or hirer under the Act or these regulations.

(1) Every designer of protective clothing or protective equipment shall take all practicable steps—

• (a) to design any protective clothing or protective equipment in accordance with applicable ergonomic principles; and

• (b) to design any protective clothing or protective equipment in such a way that, if the clothing or equipment is—

  • (i) manufactured in accordance with the design; and

  • (ii) used for the purpose for which it was designed; and

  • (iii) installed, adjusted, used, cleaned, maintained, repaired, and dismantled in accordance with the designer's instructions,—

  it will give adequate protection from the harm against which it is intended to protect.

(2) Every designer of protective clothing or protective equipment shall take all practicable steps to ensure that every manufacturer of the protective clothing or equipment receives comprehensive and comprehensible information, including, where relevant, detailed instructions, about—

• (a) the use for which the clothing or equipment has been designed; and

• (b) how to install, adjust, use, clean, maintain, repair, and dismantle the clothing or equipment in accordance with the designer's instructions; and

• (c) any other matters about which the manufacturer needs information from the designer in order to be able to carry out the manufacturer's duties under regulation 69.

(1) Every manufacturer and supplier of protective clothing or protective equipment shall take all practicable steps to ensure that any such clothing and equipment manufactured by that manufacturer or supplied by that supplier is designed in such a way that, if the clothing or equipment is—

• (a) manufactured in accordance with the design; and

• (b) used for the purpose for which it was designed; and

• (c) installed, adjusted, used, cleaned, maintained, repaired, and dismantled in accordance with the designer's instructions,—

it will give adequate protection from the harm against which it is intended to protect.

(2) Every manufacturer and supplier of protective clothing or protective equipment shall take all practicable steps to ensure that any such clothing or equipment manufactured by that manufacturer or supplied by that supplier is so manufactured and tested that, if the clothing or equipment is—

• (a) used for the purpose for which it was designed; and

• (b) installed, adjusted, used, cleaned, maintained, repaired, and dismantled in accordance with the designer's instructions,—

it will give adequate protection from the harm against which it is intended to protect.

(3) Every manufacturer and supplier of protective clothing or protective equipment shall take all practicable steps to ensure that any such clothing or equipment manufactured by that manufacturer or supplied by that supplier is, to the extent that is practicable, permanently marked with comprehensive and comprehensible information, including, where relevant, detailed instructions, about—

• (a) the use for which the clothing or equipment has been designed; and

• (b) how to install, adjust, use, clean, maintain, repair, and dismantle the clothing or equipment in accordance with the designer's instructions.

(4) Every manufacturer of protective clothing or equipment shall take all practicable steps to ensure that every supplier of any such clothing or equipment receives comprehensive and comprehensible information, including, where relevant, detailed instructions, about—

• (a) the use for which the clothing or equipment has been designed; and

• (b) how to install, adjust, use, clean, maintain, repair, and dismantle the clothing or equipment in accordance with the designer's instructions; and

• (c) any other matters about which the supplier needs information from the manufacturer in order to be able to carry out any duty of the supplier under this regulation.

(5) Every supplier of protective clothing or protective equipment shall take all practicable steps to ensure that every purchaser or hirer of any such clothing or equipment receives comprehensive and comprehensible information, including, where relevant, detailed instructions, about—

• (a) the use for which the clothing or equipment has been designed; and

• (b) how to install, adjust, use, clean, maintain, repair, and dismantle the clothing or equipment in accordance with the designer's instructions; and

• (c) any other matters about which the purchaser or hirer needs information from the supplier in order to be able to carry out any duty of the purchaser or hirer under the Act or these regulations.

(1) The provisions to which this regulation applies are regulations 4(1), 5(1), 6, 8, 9, 11(1), 11(3), 13(1), 14(2), 15(2), 16 to 18, 20, 21(2), 22(2), 24(1), 24(3), 25, 26(2), 48(1), 49, 52(1), 53(1), 54(1), 55, 56, 57(2), 58, 59(1), 60(2), 63(2), 64, and 66 to 69.

(2) The provisions referred to in subclause (1) are hereby declared to be provisions to which section 50 of the Act (which provides that every person who fails to comply with a provision to which that section is declared to apply commits an offence, and is liable on summary conviction to a fine) applies.