Health and Safety at Work (Infringement Offences and Fees) Amendment Regulations 2017

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2017/132

Coat of Arms of New Zealand

Health and Safety at Work (Infringement Offences and Fees) Amendment Regulations 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of June 2017

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 211 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 made after consulting persons and organisations in accordance with section 217(1) of that Act.

Regulations

1 Title

These regulations are the Health and Safety at Work (Infringement Offences and Fees) Amendment Regulations 2017.

2 Commencement

These regulations come into force on 1 December 2017.

3 Principal regulations

These regulations amend the Health and Safety at Work (Infringement Offences and Fees) Regulations 2016 (the principal regulations).

4 Schedule 1 amended

In Schedule 1, after the table relating to the Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016, insert the cross-heading and table set out in the Schedule of these regulations.

Schedule New cross-heading and table inserted in Schedule 1

r 4

Health and Safety at Work (Hazardous Substances) Regulations 2017

RegulationDescription of offenceFee ($)
IndividualEntity
2.4(1)Failing to label stationary tank or process container1,0006,000
2.4(2)Failing to make information available near tank wagon or transportable container1,0006,000
2.5(2)Failing to display hazardous substance signage 3001,500
2.11(3)Failing to ensure safety data sheet is readily accessible to workers and emergency service workers 3001,500
3.1(1)Failing to keep and maintain inventory of hazardous substances at workplace3001,500
4.5(5)Failing to keep record of training and instruction3001,500
5.12(4)Failing to make record of emergency response plan test3001,500
5.12(5)Failing to keep record of emergency response plan test for 2 years3001,500
9.3(1)Failing to ensure class 1 substance is under control of certified handler1,0006,000
9.5(1)Possessing specified class 1 substance without controlled substance licence500
9.6(1)Possessing smokeless powder or certain other propellants without firearms licence, firearms dealer’s licence, or controlled substance licence500
9.35(6)(a) Failing to notify WorkSafe of incident at outdoor pyrotechnic display1,0006,000
9.35(6)(b) Failing to maintain record of incident at outdoor pyrotechnic display3001,500
11.43(2)Failing to verify hazardous substance location has current compliance certificate or valid compliance plaque before delivering LPG, propane, butane, or isobutane to location1,0006,000
13.3(1) Failing to keep record of application of specified class 6 or 8 substance in specified place3001,500
13.3(2)Failing to keep record of application of specified insecticide in specified place3001,500
13.5(1)Failing to provide WorkSafe with specified information if sodium fluoroacetate is present in workplace1,0006,000
13.9(1)Failing to ensure that specified class 6 substance is under control of certified handler or secured from access1,0006,000
13.12(2)Possessing specified class 6 substance without controlled substance licence500
13.13(3)Failing to ensure that no person purchases or acquires specified class 6 substance from PCBU without controlled substance licence1,0006,000
13.19(2)Failing to erect signage when vertebrate toxic agent used outdoors 1,0006,000
13.19(6)Failing to ensure signage remains in place for specified period1,0006,000
13.25(2)Failing to erect signage when specified pesticides used indoors 1,0006,000
13.25(4)Failing to remove signage within specified period1,0006,000
14.6(1)Possessing fumigant without controlled substance licence500
14.7(1)Failing to give notice of intended fumigation 1,0006,000
14.7(2)Failing to give notice of intended fumigation 1,0006,000
14.10Failing to erect signs for fumigation1,0006,000
14.18Failing to keep record of application of fumigant3001,500
15.44(1)Tampering with markings on cylinder, cylinder fitting, or fire extinguisher1,0006,000
15.56(1)Failing to ensure cylinder not charged unless it has passed specified inspections and tests 1,0006,000
15.57(1)(a)Failing to keep cylinder testing records3001,500
15.65Carrying out duty of approved filler without holding approved filler certificate500
16.5Failing to ensure markings attached to tank or tank sub-frame1,0006,000
16.39(2)Worker filling tank or tank compartment beyond maximum filling level500
16.40(1)Worker failing to observe requirements for transfer of liquid or gas to or from tank wagon500
16.41(1)Worker failing to observe requirements for leaving tank wagon unattended500
17.76(1)Failing to ensure markings attached to stationary tank 1,0006,000
17.78(2)Failing to ensure markings on pipework connected to above ground stationary tank1,0006,000
18.6(1)Failing to keep record of specified hazardous substances3001,500
18.6(2)Failing to keep record of specified hazardous substances for 12 months3001,500
18.7(1)Failing to provide WorkSafe with prescribed information where sodium fluoroacetate present in laboratory1,0006,000
18.9(3)Failing to ensure sodium fluoroacetate is secured1,0006,000
19.4(1)Failing to record location and movement of tracked substance3001,500
19.4(2)Failing to ensure record includes specified information3001,500

Michael Webster,
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 December 2017, are made under the Health and Safety at Work Act 2015 (the Act). These regulations amend the Health and Safety at Work (Infringement Offences and Fees) Regulations 2016 (the principal regulations).

Schedule 1 of the principal regulations specifies—

  • the offences against the Act and against other regulations made under the Act that are infringement offences; and

  • the infringement fees payable for the infringement offences.

These regulations amend Schedule 1 of the principal regulations to specify various offences under the Health and Safety at Work (Hazardous Substances) Regulations 2017 as infringement offences and to specify the infringement fees payable for those infringement offences.

Regulatory impact statement

The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 30 September 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 June 2017.

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