Health and Safety in Employment Amendment Regulations 2008

2008/376

Crest

Health and Safety in Employment Amendment Regulations 2008

Anand Satyanand, Governor-General

Order in Council

At Wellington this 6th day of October 2008

Present:
His Excellency the Governor-General in Council

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

Regulations

1 Title
  • These regulations are the Health and Safety in Employment Amendment Regulations 2008.

2 Commencement
  • These regulations come into force on 1 April 2009.

3 Principal regulations amended
  • These regulations amend the Health and Safety in Employment Regulations 1995.

4 New heading and regulations 58A to 58F inserted
  • The following heading and regulations are inserted after regulation 58:

    Duties of principals to young persons

    58A Application of regulations 58B to 58F
    • (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).

    58B Engaging young persons as contractors
    • (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.

    58C Injurious tasks
    • 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.

    58D Machinery
    • 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.

    58E Tractors and self-propelled mobile mechanical plant
    • (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.

    58F Night work
    • 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.

5 New heading inserted
  • The following heading is inserted above regulation 61:

    Exception from certain duties relating to tractors.

6 Exception for tractors
  • Regulation 61 is amended by omitting Regulation 60(2) of these regulations does and substituting Regulations 58E(1) and 60(2) do.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 April 2009, amend the Health and Safety in Employment Regulations 1995. The amendments insert new regulations 58A to 58F, which set out duties that must be observed by principals in relation to young persons whom they engage as contractors to do any work (except residential work). The duties are expressed in similar terms to the existing duties of employers in relation to young persons, which are set out in regulations 54 to 58 of the Health and Safety in Employment Regulations 1995.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 9 October 2008.

These regulations are administered by the Department of Labour.