Health and Safety in Employment (Asbestos) Regulations 1998

Reprint as at 16 December 2013

Health and Safety in Employment (Asbestos) Regulations 1998

(SR 1998/443)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 14th day of December 1998

His 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, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.


1 Title and commencement

2 Interpretation

3 Meaning of employer and employee

4 Relationship between Act and regulations

Part 1
Duties of employers in relation to all work involving asbestos

Testing for identification of asbestos

5 Approved laboratory to specify testing method

Protection from exposure to asbestos dust

6 Warning notices

7 Dust control measures

8 Adequate and suitable storage


9 Maintaining cleanliness

10 Laundering of contaminated clothing

Storage, distribution, and disposal of asbestos

11 Storage of asbestos

12 Distribution of asbestos

13 Disposal of asbestos waste

Maintenance of equipment

14 Maintenance of protective clothing and equipment

15 Maintenance of dust control equipment

16 Maintenance of cleaning equipment

Part 2
Duties of employers in relation to restricted work

17 Isolation of work areas

18 Certificates of competence for restricted work involving asbestos

Part 3
Certificates of competence

19 Certificates of competence

Application, issue, renewal, cancellation, and suspension

20 WorkSafe may recognise organisations

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

22 Application to contain evidence

23 Requirements of applicants

24 Investigations by chief executive or WorkSafe

25 Use of information

26 Chief executive or WorkSafe to issue certificate of competence

27 WorkSafe to determine duration

28 Renewal of certificate of competence

29 Cancellation or suspension of certificate of competence

30 Replacement of certificate of competence

31 Register

32 Appeal to District Court

33 Fees inclusive of goods and services tax

34 Transitional provision relating to certificates of competence

Part 4
Duties of manufacturers and suppliers

35 Labelling of products containing asbestos

Part 5

36 Offences

Part 6
Amendments and revocations

37 Consequential amendment

38 Revocations

Schedule 1
Meaning of asbestos dust

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

Schedule 3
Label to be affixed to products containing asbestos

Gazette information

Reprint notes