Health and Safety at Work (Asbestos) Regulations 2016

Reprint as at 15 May 2017

Coat of Arms of New Zealand

Health and Safety at Work (Asbestos) Regulations 2016

(LI 2016/15)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 15th day of February 2016

Present:
His Excellency the Governor-General in Council

Note

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

These regulations are made under sections 24(1)(m), 211, and 218 of the Health and Safety at Work Act 2015—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Workplace Relations and Safety after complying with sections 217 and 219 of that Act.

Contents

1Title
2Commencement
3Interpretation
4Airborne contamination standard for asbestos
5Transitional, savings, and related provisions
6Declaration of notifiable incident
7Prohibition on carrying out, directing, or allowing work involving asbestos or ACM
8WorkSafe may approve method for managing risk associated with asbestos
9Duty relating to exposure to airborne asbestos at workplace
10Duty to ensure asbestos identified at workplace
11Duty to analyse samples
12Duty to ensure presence and location of asbestos indicated
13Duty to prepare asbestos management plan
14Duty to review asbestos management plan
15Duty to provide health monitoring
16Duty to ensure that appropriate health monitoring is provided
17Duty to train workers about asbestos
18Duty to limit use of equipment on asbestos or ACM
19Application of this subpart
20Determining presence of asbestos or ACM
21Duty to identify and remove asbestos before demolition of structure or plant
22Duty to identify and remove asbestos before demolition of home
23Emergency procedure: workplace
24Emergency procedure: homes
25Duty to identify and remove asbestos before refurbishment of structure or plant
26Duty to identify and remove asbestos before refurbishment of home
27Duty to ensure asbestos removalist is licensed
28Duty to ensure nominated asbestos removal supervisor is present or readily available
29Duty to ensure asbestos removal worker is trained and receives appropriate instruction
30Duty of licensed asbestos removalist to keep training record
31Duty to give information about health risks of licensed asbestos removal work
32Duty to prepare asbestos removal control plan
33Asbestos removal control plan to be kept and available
34Duty to notify WorkSafe of asbestos removal
35Duty of licensed asbestos removalist to inform certain persons about intended asbestos removal work
36Duty of PCBU to inform certain persons about intended asbestos removal work
37Signage and barriers for asbestos removal work
38Duty to limit access to asbestos removal area
39Duty to make decontamination facilities available
40Duties relating to disposal of asbestos waste and contaminated personal protective equipment
41Clearance inspection
42Clearance certificates
43Air monitoring for Class A asbestos removal work
44Duties relating to respirable asbestos fibre levels exceeding trace level
45Action if respirable asbestos fibre level too high
46Duties relating to removal of friable asbestos
47Application of Part 5
48Uncertainty as to presence of asbestos
49Duty to give information about health risks of asbestos-related work
50Duty to ensure asbestos-related work area separated from other work areas
51Duty to carry out air monitoring
52Duty to make decontamination facilities available
53Duties relating to disposal of asbestos waste and contaminated personal protective equipment
54Requirement to hold Class A asbestos removal licence
55Exception to requirement to hold Class A asbestos removal licence
56Requirement to hold Class B asbestos removal licence
57Requirement to hold asbestos assessor licence
58Who may apply for licence
59Application for asbestos removal licence or asbestos assessor licence
60Class A asbestos removal licence: content of application
61Class B asbestos removal licence: content of application
62Asbestos assessor licence: content of application
63WorkSafe may request additional information
64Decision on application
65Class A asbestos removal licence: WorkSafe to be satisfied about additional matters
66Class B asbestos removal licence: WorkSafe to be satisfied about additional matters
67Criteria for considering licence application
68Refusal to grant licence: process
69WorkSafe may impose conditions on licence
70Duration of licence
71Licence document
72Licence document to be available
73Changes to information
74Change to nominated supervisor
75Amendment imposed by WorkSafe
76Amendment on application by licence holder
77Minor corrections to licence
78WorkSafe to give amended licence document to holder
79Licence holder to return previous licence document
80Replacement licence document
81Voluntary surrender of licence
82WorkSafe may renew licence
83Provisions relating to renewal of licence
84Criteria for renewal of asbestos removal licence
85Status of licence during review or appeal
86Suspension or cancellation of licence
87Matters to be taken into account in considering suspension or cancellation of licence
88Notice to and submissions by licence holder
89Notice of decision
90Immediate suspension
91Licence holder to return licence document
92WorkSafe to return licence document after suspension
93Which decisions under these regulations are reviewable
94How to apply for review
95WorkSafe must acknowledge receipt of review application
96Review decisions
97Appeal to District Court
98Register of asbestos removalists
99Register of asbestos assessors
100Revocation
Gazette Information
Reprint notes