Schedule 5 Consequential amendments

s 232

Part 1Amendments to Acts

Building Act 2004 (2004 No 72)

In section 9(b), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

Replace section 9(g) and (h) with:

(g)

containers as defined in regulations made under the Health and Safety at Work Act 2015; or

(h)

magazines as defined in regulations made under the Health and Safety at Work Act 2015; or

Civil Defence Emergency Management Act 2002 (2002 No 33)

Replace section 17(3)(g) with:

(g)

Health and Safety at Work Act 2015:

Coroners Act 2006 (2006 No 38)

In section 9, definition of other investigating authority, replace paragraph (h) with:

(h)

a regulator as defined in section 16 of the Health and Safety at Work Act 2015 or an inspector appointed under section 163 of that Act:

In section 118(3), replace “section 28 (coroner may call for report on fatal accident) of the Health and Safety in Employment Act 1992” with “section 200 (coroner may call for report on fatal accident) of the Health and Safety at Work Act 2015”.

In section 120(4), replace “section 28 (coroner may call for report on fatal accident) of the Health and Safety in Employment Act 1992” with “section 200 (coroner may call for report on fatal accident) of the Health and Safety at Work Act 2015”.

Costs in Criminal Cases Act 1967 (1967 No 129)

In section 4(5), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

In section 7(3), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

In section 10(2), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

Crown Minerals Act 1991 (1991 No 70)

In section 2(1), after the definition of good industry practice, insert:

health and safety regulator has the same meaning as regulator in section 16 of the Health and Safety at Work Act 2015

In section 2(1), definition of specified Act, paragraph (a), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

In section 2(1), repeal the definition of WorkSafe.

In section 29A(3)(b), replace “WorkSafe” with “the health and safety regulator”.

In section 33(1)(a)(iii), replace “the Health and Safety in Employment Act 1992” with “the Health and Safety at Work Act 2015”.

Replace sections 33A and 33B with:

33A Exercise of permit conditional on authorisation

(1)

This section applies if—

(a)

in accordance with regulations made under the Health and Safety at Work Act 2015 an activity must be authorised (as defined in section 203 of that Act); and

(b)

the activity is an activity of a type authorised under a permit; and

(c)

the regulations referred to in paragraph (a) specify that it is an authorisation for the purposes of this section.

(2)

Despite the activity being authorised under a permit, it must not be carried out until—

(a)

it has been authorised in accordance with subpart 2 of Part 5 of the Health and Safety at Work Act 2015 or regulations made under that Act; and

(b)

the health and safety regulator has advised the chief executive that the activity has been so authorised; and

(c)

the chief executive has notified the permit holder of the health and safety regulator’s advice.

33B Health and Safety regulator to notify chief executive of breaches of legislation

(1)

The health and safety regulator must notify the chief executive if—

(a)

a permit holder is issued with a prohibition notice under section 105 of the Health and Safety at Work Act 2015; or

(b)

an enforcement action (as defined in section 141 of that Act) is taken against the permit holder under that Act.

(2)

Nothing in this Act derogates from the health and safety regulator’s responsibility for the administration and enforcement of the Health and Safety at Work Act 2015.

Replace section 41C(3)(b) with:

(b)

if the change of operator relates to a Tier 1 permit for exploration or mining, if the health and safety regulator—

(i)

is satisfied that any requirements of the Health and Safety at Work Act 2015, or regulations made under that Act, that the proposed operator must meet before carrying out day-to-day management of activities under the permit have been, or are likely to be, met; and

(ii)

has advised the chief executive that it is so satisfied.

Replace section 90E(1) with:

(1)

The Minister, an appropriate Minister, or the chief executive may provide to the health and safety regulator any information, or a copy of any document, that he or she—

(a)

holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act that relate to a permit or an application for a permit; and

(b)

considers may assist the health and safety regulator in the performance or exercise of the regulator’s functions, duties, or powers under any relevant health and safety legislation (as defined in section 16 of the Health and Safety at Work Act 2015).

In Schedule 1, heading to clause 15, replace Health and Safety in Employment Act 1992 with Health and Safety at Work Act 2015.

In Schedule 1, replace clause 15(7) with:

(7)

Despite clause 12(1)(d) or section 4 of the Health and Safety in Employment Act 1992,—

(a)

the health and safety regulator or an inspector may exercise or perform the functions, powers, and duties—

(i)

that would have been exercisable or performable by any person in respect of an existing privilege before the commencement of the Health and Safety in Employment Act 1992; and

(ii)

that concern matters that are within the functions, powers, and duties of the regulator or an inspector under the Health and Safety at Work Act 2015 or the WorkSafe New Zealand Act 2013; and

(b)

the Acts referred to in paragraph (a)(ii) apply accordingly with any necessary modifications.

In Schedule 1, clause 15(8)(b), replace “an Inspector under section 29(1) of the Health and Safety in Employment Act 1992” with “the regulator or an inspector under the Health and Safety at Work Act 2015 or the WorkSafe New Zealand Act 2013”.

Crown Organisations (Criminal Liability) Act 2002 (2002 No 37)

In section 3(b), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

Replace section 6(1)(b) with:

(b)

an offence under the Health and Safety at Work Act 2015:

In section 7(a), replace “the Health and Safety in Employment Act 1992” with “the Health and Safety at Work Act 2015”.

In section 8(4), replace “section 6” with “section 6(1)(a), (c), or (d)”.

Replace section 8(5) with:

(5)

This section is subject to sections 176 and 246 of the Criminal Procedure Act 2011 and section 4(9) of the Resource Management Act 1991.

In section 10(1)(b)(i), replace “section 31 of the Health and Safety in Employment Act 1992” with “section 168 of the Health and Safety at Work Act 2015”.

In section 12(1), replace “or costs” with “fine, or costs”.

Electricity Act 1992 (1992 No 122)

In section 2(1), repeal the definition of all practicable steps.

In section 2(1), replace the definition of Minister with:

Minister, in any provision of this Act, means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of that provision

In section 2(1), after the definition of provisional licence, insert:

reasonably practicable, in relation to a duty to ensure health and safety or to protect property, means that which is, or was, at a particular time, reasonably able to be done in relation to ensuring health and safety or protecting property, taking into account and weighing up all relevant matters, including—

(a)

the likelihood of the hazard or the risk concerned occurring; and

(b)

the degree of harm or damage that might result from the hazard or risk; and

(c)

what the person concerned knows, or ought reasonably to know, about—

(i)

the hazard or risk; and

(ii)

ways of eliminating or minimising the risk; and

(d)

the availability and suitability of ways to eliminate or minimise the risk; and

(e)

after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk

In section 2(1), definition of serious harm, replace paragraph (c) with:

(c)

a notifiable injury or illness as defined in section 23 of the Health and Safety at Work Act 2015

Replace section 16(6)(b) with:

(b)

section 56 of the Health and Safety at Work Act 2015.

In section 17(3), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

In section 42(3)(a), replace “WorkSafe” with “the chairperson of WorkSafe”.

In section 42(3)(b), replace “the signature” with “a signature purporting to be the signature of the chairperson”.

Replace section 61A(1) with:

(1)

Every electricity generator and every electricity distributor that owns or operates an electricity supply system must implement and maintain, in accordance with regulations made under section 169, a safety management system.

(1A)

The safety management system must prevent, so far as is reasonably practicable, the electricity supply system from presenting a significant risk of—

(a)

serious harm to any member of the public; or

(b)

significant damage to property owned by a person other than the electricity generator or electricity distributor.

Replace section 163C(1)(c) with:

(c)

the person fails to prevent, so far as is reasonably practicable, the serious harm or significant property damage.

Replace section 163C(2)(c) with:

(c)

the person fails to prevent, so far as is reasonably practicable, the serious harm or significant property damage.

Replace section 163C(5) with:

(5)

To avoid doubt, a person required by this section to prevent, so far as is reasonably practicable, serious harm or significant property damage is required to take action only in respect of circumstances that the person knows, or ought reasonably to know, about.

In section 169(2)(b)(ii), replace “section 20A of the Health and Safety in Employment Act 1992” with “section 222 of the Health and Safety at Work Act 2015”.

Replace section 169A(1)(b) with:

(b)

the elimination, isolation, or minimisation of those hazards, so far as is reasonably practicable; and

Replace section 169B(1) with:

(1)

To avoid doubt, a person required by a safety management system to eliminate, isolate, or minimise hazards so far as is reasonably practicable is required to take action only in respect of circumstances that the person knows, or ought reasonably to know, about.

After section 169B, insert:

Safe work instruments—Legal effect

169C Legal effect of safe work instruments

(1)

For the purposes of this Act, a safe work instrument made under section 227 of the Health and Safety at Work Act 2015 has legal effect only to the extent that any regulations made under this Act refer to it.

(2)

For the purposes of subsection (1), regulations may refer to—

(a)

a particular safe work instrument as amended or replaced from time to time; or

(b)

any safe work instrument that may be made for the purposes of regulations (even if the instrument is not or has not been made at the time the regulations are made).

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72)

In section 39(4), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

In section 63(4), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

Gas Act 1992 (1992 No 124)

In section 2(1), repeal the definition of all practicable steps.

In section 2(1), after the definition of price, insert:

reasonably practicable, in relation to a duty to ensure health and safety or to protect property, means that which is, or was, at a particular time, reasonably able to be done in relation to ensuring health and safety or protecting property, taking into account and weighing up all relevant matters, including—

(a)

the likelihood of the hazard or the risk concerned occurring; and

(b)

the degree of harm or damage that might result from the hazard or risk; and

(c)

what the person concerned knows, or ought reasonably to know, about—

(i)

the hazard or risk; and

(ii)

ways of eliminating or minimising the risk; and

(d)

the availability and suitability of ways to eliminate or minimise the risk; and

(e)

after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk

In section 2(1), definition of serious harm, replace paragraph (d) with:

(d)

a notifiable injury or illness as defined in section 23 of the Health and Safety at Work Act 2015

Replace section 17(6)(b) with:

(b)

section 56 of the Health and Safety at Work Act 2015.

In section 18(3), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

In section 43(3)(a), replace “WorkSafe” with “the chairperson of WorkSafe”.

In section 43(3)(b), replace “the signature” with “a signature purporting to be the signature of the chairperson”.

In section 46A(1), replace “that requires all practicable steps to be taken to prevent” with “that prevents, so far as is reasonably practicable,”.

In section 54(2)(b)(ii), replace “section 20A of the Health and Safety in Employment Act 1992” with “section 222 of the Health and Safety at Work Act 2015”.

Replace section 54A(1)(b) with:

(b)

the elimination, isolation, or minimisation of those hazards, so far as is reasonably practicable; and

Replace section 54B(1) with:

(1)

To avoid doubt, a person required by a safety management system to eliminate, isolate, or minimise hazards so far as is reasonably practicable is required to take action only in respect of circumstances that the person knows, or ought reasonably to know, about.

After section 56A, insert:

Safe work instruments—Legal effect

56AB Legal effect of safe work instruments

(1)

For the purposes of this Act, a safe work instrument made under section 227 of the Health and Safety at Work Act 2015 has legal effect only to the extent that any regulations made under this Act refer to it.

(2)

For the purposes of subsection (1), regulations may refer to—

(a)

a particular safe work instrument as amended or replaced from time to time; or

(b)

any safe work instrument that may be made for the purposes of regulations (even if the instrument is not or has not been made at the time the regulations are made).

Replace section 56B(1)(c) with:

(c)

the person fails to prevent, so far as is reasonably practicable, the serious harm or significant property damage.

Replace section 56B(2)(c) with:

(c)

the person fails to prevent, so far as is reasonably practicable, the serious harm or significant property damage.

Replace section 56B(5) with:

(5)

To avoid doubt, a person required by this section to prevent, so far as is reasonably practicable, serious harm or significant property damage is required to take action only in respect of circumstances that the person knows, or ought reasonably to know, about.

Income Tax Act 2007 (2007 No 97)

Replace section CX 24(b) with:

(b)

is aimed at managing risks to health and safety in the workplace as provided under the Health and Safety at Work Act 2015; and

Inspector-General of Intelligence and Security Act 1996 (1996 No 47)

After section 11(1)(b), insert:

(bb)

to inquire into a request by a worker who is an employee of the New Zealand Security Intelligence Service or the Government Communications Security Bureau for a determination under section 8(7) of the Health and Safety at Work Act 2015:

Maritime Transport Act 1994 (1994 No 104)

In section 2(1), replace the definition of serious harm with:

serious harm means—

(a)

death; or

(b)

a notifiable injury or illness as defined in section 23 of the Health and Safety at Work Act 2015

Replace section 57(6)(b)(iv) with:

(iv)

the regulator, an inspector, or any other person under the Health and Safety at Work Act 2015,—

Mines Rescue Act 2013 (2013 No 96)

In section 4(1), definition of coal, replace “section 19L of the Health and Safety in Employment Act 1992” with “clause 1 of Schedule 3 of the Health and Safety at Work Act 2015”.

In section 4(1), definition of mineral, replace “section 19L of the Health and Safety in Employment Act 1992” with “clause 1 of Schedule 3 of the Health and Safety at Work Act 2015”.

In section 4(1), definition of tourist mining operation, replace “section 19L of the Health and Safety in Employment Act 1992” with “clause 1 of Schedule 3 of the Health and Safety at Work Act 2015”.

In section 4(2), definition of mining operation, replace “section 19M of the Health and Safety in Employment Act 1992” with “clause 2 of Schedule 3 of the Health and Safety at Work Act 2015”.

In section 4(2), definition of mining operation, replace “section 19O” with “clause 4 of Schedule 3”.

In section 4(3), definition of mining operation, paragraph (a), replace “section 19M of the Health and Safety in Employment Act 1992” with “clause 2 of Schedule 3 of the Health and Safety at Work Act 2015”.

In section 4(3), definition of mining operation, paragraph (b), replace “section 19O” with “clause 4 of Schedule 3”.

Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74)

In section 4, definition of serious harm, replace paragraph (d) with:

(d)

a notifiable injury or illness as defined in section 23 of the Health and Safety at Work Act 2015

Prostitution Reform Act 2003 (2003 No 28)

In the heading to section 10, replace Health and Safety in Employment Act 1992 with Health and Safety at Work Act 2015.

In section 10(1), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

Railways Act 2005 (2005 No 37)

In section 4(1), definition of railway, paragraph (a), delete “as defined in section 21A(1) of the Machinery Act 1950”.

In section 4(1), definition of railway line, paragraph (c), delete “as defined in section 21A(1) of the Machinery Act 1950”.

In section 4(1), insert in their appropriate alphabetical order:

amusement device

(a)

means an appliance—

(i)

to which the motion of a prime mover is transmitted; and

(ii)

that is used, or designed or intended to be used, for the amusement, recreation, or entertainment of persons being carried, raised, lowered, or moved by the appliance or any part of the appliance while it is in motion; and

(b)

includes the prime mover, transmission machinery, supporting structure, and any equipment used or intended to be used in connection with the appliance

health and safety regulator has the same meaning as regulator in section 16 of the Health and Safety at Work Act 2015

prime mover means an engine, motor, or other appliance that provides mechanical energy derived from steam, water, wind, electricity, gas, gaseous products, compressed air, the combustion of fuel, or any other source

transmission machinery means any shaft, wheel, drum, pulley, system of fast and loose pulleys, gearing, coupling, clutch, driving belt, chain, rope, band, or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance

In section 4(1), repeal the definition of WorkSafe.

Replace section 5 with:

5 Meaning of reasonably practicable

In this Act, unless the context otherwise requires, reasonably practicable, in relation to a duty to ensure health and safety or to protect property, means that which is, or was, at a particular time, reasonably able to be done in relation to ensuring health and safety or the protection of property, taking into account and weighing up all relevant matters, including—

(a)

the likelihood of the hazard or the risk concerned occurring; and

(b)

the degree of harm or damage that might result from the hazard or risk; and

(c)

what the person concerned knows, or ought reasonably to know, about—

(i)

the hazard or risk; and

(ii)

ways of eliminating or minimising the risk; and

(d)

the availability and suitability of ways to eliminate or minimise the risk; and

(e)

after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

Replace section 7(1) with:

(1)

A rail participant must ensure, so far as is reasonably practicable, that none of the rail activities for which it is responsible causes, or is likely to cause, the death of, or serious injury to, individuals.

In the heading to section 8, replace Health and Safety in Employment Act 1992 with Health and Safety at Work Act 2015.

In section 8, replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015” in each place.

In section 8(2), replace “WorkSafe” with “the health and safety regulator”.

Replace section 9(1) with:

(1)

Every person on or near a rail vehicle, railway infrastructure, or railway premises commits an offence who fails to ensure, so far as is reasonably practicable, that no individual dies or is seriously injured, and that no property is significantly damaged, as a result of any act or omission of that person.

In section 32(1), replace “the chief executive of the Department of Labour” with “WorkSafe”.

Replace section 65(a)(ii) with:

(ii)

failed to prevent, so far as was reasonably practicable, the commission of the offence; and

Replace section 65(b) with:

(b)

the other person failed to remedy, so far as was reasonably practicable, the effects of the act or omission that gave rise to the offence.

Replace section 66(b) with:

(b)

he or she failed, so far as was reasonably practicable, to prevent or stop that act or remedy that omission.

Search and Surveillance Act 2012 (2012 No 24)

In the Schedule, insert in its appropriate alphabetical order:

Health and Safety at Work Act 2015169(2)Inspector may obtain and execute search warrant to enter a home (or part of a home) and exercise section 168 powers if satisfied that there are reasonable grounds for believing that the home is a workplace or has a workplace within it, or that the home is the only practicable means through which the inspector may enter the workplaceSubpart 3
172(1)Inspector who has entered a workplace or a former workplace under section 168 or 169 may take or remove sample of any material, substance, or thing for analysis, or seize and retain any material, substance, or thing for specified purposesSections 154, 155, and 159
173(1) and (3)Specified person may enter and search place, vehicle, or other thing by consent or with warrant to ascertain if person is contravening relevant health and safety legislationAll (except sections 118 and 119)
183(1) and (4)Health and safety medical practitioner may obtain and execute search warrant to enter a home (or part of a home) and exercise powers of examination, inspection, and related powers if satisfied that there are reasonable grounds for believing that the home is a workplace or has a workplace within it, or that the home is the only practicable means through which the health and safety medical practitioner may enter the workplaceSubpart 3
Sentencing Act 2002 (2002 No 9)

In section 4(4), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

Sharemilking Agreements Act 1937 (1937 No 37)

In the Schedule, clause 124, replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

Smoke-free Environments Act 1990 (1990 No 108)

In section 2(1), repeal the definition of prescribed petroleum operations.

In section 10(c), replace “prescribed petroleum operations in New Zealand continental waters” with “mining operations within the meaning of the Crown Minerals Act 1991”.

In section 14(1)(d), replace “the Health and Safety in Employment Act 1992” with “section 163 of the Health and Safety at Work Act 2015”.

Replace section 20A with:

20A Health and Safety at Work Act 2015 not affected

Nothing in this Part, and no steps taken in compliance or purported compliance with this Part, limits or affects—

(a)

the Health and Safety at Work Act 2015; or

(b)

the obligations of any person under that Act.

Social Security Act 1964 (1964 No 136)

In the heading to section 123C, replace Health and Safety in Employment Act 1992 with Health and Safety at Work Act 2015.

In section 123C(2), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

Summary Proceedings Act 1957 (1957 No 87)

In section 2(1), definition of infringement notice, after paragraph (ja), insert:

(jb)

section 138 of the Health and Safety at Work Act 2015; or

Terrorism Suppression Act 2002 (2002 No 34)

In section 13B(2), replace “Hazardous Substances and New Organisms Act 1996” with “Health and Safety at Work Act 2015”.

Victims’ Rights Act 2002 (2002 No 39)

In section 50A(2)(c), replace “Department of Labour” with “Ministry of Business, Innovation, and Employment”.

Part 2Amendments to legislative instruments

Biosecurity (Costs) Regulations 2010 (SR 2010/135)

In regulation 3(1), replace the definition of machinery with:

machinery means an engine, a motor, or any appliance that provides mechanical energy derived from compressed air, electricity, gas, gaseous products, steam, water, wind, the combustion of fuel, or any other source and includes—

(a)

any plant by or to which the motion of any machinery is transmitted; and

(b)

a tractor, a lifting machine, a lifting vehicle, and a machine whose motive power is wholly or partly generated by the human body

Education (Playgroups) Regulations 2008 (SR 2008/205)

Replace regulation 21(b) with:

(b)

ensure, so far as is reasonably practicable, the health and safety of children attending the playgroup; and

Electricity (Safety) Regulations 2010 (SR 2010/36)

In regulation 4(1), definition of alluvial mine operator, replace “regulation 3(1) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013” with “regulations made under the Health and Safety at Work Act 2015”.

In regulation 4(1), definition of alluvial mining operation, replace “section 19L of the Health and Safety in Employment Act 1992” with “clause 1 of Schedule 3 of the Health and Safety at Work Act 2015”.

In regulation 4(1), definition of ERZ0, replace “regulation 3(1) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013” with “regulations made under the Health and Safety at Work Act 2015”.

In regulation 4(1), definition of ERZ1, replace “regulation 3(1) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013” with “regulations made under the Health and Safety at Work Act 2015”.

In regulation 4(1), definition of mine operator, replace “section 19L of the Health and Safety in Employment Act 1992” with “clause 1 of Schedule 3 of the Health and Safety at Work Act 2015”.

In regulation 4(1), definition of mining electrical equipment, paragraph (a), replace “section 19M(a) or (b), 19N(1)(a), or 19O(a) of the Health and Safety in Employment Act 1992” with “clause 2(a) and (b), 3(1)(a), or 4(a) of Schedule 3 of the Health and Safety at Work Act 2015”.

In regulation 4(1), definition of mining operation, replace “section 19M of the Health and Safety in Employment Act 1992” with “clause 2 of Schedule 3 of the Health and Safety at Work Act 2015”.

In regulation 4(1), definition of opencast mining operation, replace “regulation 3(1) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013” with “regulations made under the Health and Safety at Work Act 2015”.

In regulation 4(1), definition of quarry operator, replace “regulation 3(1) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013” with “regulations made under the Health and Safety at Work Act 2015”.

In regulation 4(1), definition of quarrying operation, replace “section 19N of the Health and Safety in Employment Act 1992” with “clause 3 of Schedule 3 of the Health and Safety at Work Act 2015”.

In regulation 4(1), replace the definition of safety management system with:

safety management system means a system that is implemented by a safety management system operator for the purpose of ensuring, so far as is reasonably practicable, that an electricity supply system (as defined in section 61A(2) of the Act) or other works is prevented from presenting a significant risk of—

(a)

serious harm to any member of the public; or

(b)

significant damage to property owned by a person other than the safety management system operator

In regulation 4(1), definition of tourist mining operation, replace “section 19L of the Health and Safety in Employment Act 1992” with “clause 1 of Schedule 3 of the Health and Safety at Work Act 2015”.

In regulation 4(1), definition of tunnelling operation, replace “section 19O of the Health and Safety in Employment Act 1992” with “clause 4 of Schedule 3 of the Health and Safety at Work Act 2015”.

In regulation 4(1), definition of underground mining operation, replace “regulation 3(1) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013” with “regulations made under the Health and Safety at Work Act 2015”.

Replace regulation 13(3) with:

(3)

A person who does work on any works, installations, fittings, or appliances must, while doing the work, ensure, so far as is reasonably practicable, that people and property are protected from dangers arising from the work.

Replace regulations 13(5)(c) with:

(c)

while doing work on any works, installations, fittings, or appliances, fails to ensure, so far as is reasonably practicable, that people and property are protected from dangers arising from the work, where the person doing the work knows, or can reasonably be expected to know, of the dangers that may arise from the work.

In regulation 16(1), replace “take all practicable steps to minimise” with “minimise, so far as is reasonably practicable,”.

In regulation 24B(2), replace “Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013” with “regulations made under the Health and Safety at Work Act 2015”.

Replace section 51(1)(c) with:

(c)

the effect of the safety management system is to prevent, so far as is reasonably practicable, the works from presenting a significant risk of—

(i)

serious harm to any member of the public; or

(ii)

significant damage to property owned by a person other than the safety management system operator.

In regulation 100(1), replace “must take all practicable steps,— ” with “must, so far as is reasonably practicable,— ”.

In regulation 100(1)(a), replace “to check” with “check”.

In regulation 100(1)(b), replace “to follow” with “follow”.

In regulation 100(1)(c), replace “to use” with “use”.

In regulation 100(1)(d), replace “to comply” with “comply”.

In regulation 100(2), replace “the Health and Safety in Employment Act 1992” with “the Health and Safety at Work Act 2015”.

Replace regulation 101(1) with:

(1)

An employer who employs a person to carry out any prescribed electrical work, or any work referred to in clause (2)(e) to (h) of Schedule 1, must ensure, so far as is reasonably practicable, the safety of the employee while carrying out the work and must take the steps described in subclauses (2) and (3) in particular.

In regulation 101(2), replace “The employer must take all practicable steps to— ” with “The employer must, so far as is reasonably practicable,— ”.

In regulation 101(3), replace “must take all practicable steps to ensure” with “must ensure, so far as is reasonably practicable,”.

In regulation 101(5), replace “the Health and Safety in Employment Act 1992” with “the Health and Safety at Work Act 2015”.

Replace regulation 104(6) with:

(6)

A person may remove an earthing device to test a fitting, but must ensure, so far as is reasonably practicable, his or her own safety and the safety of others in the vicinity.

In regulation 107, replace “take all practicable steps to comply” with “comply, so far as is reasonably practicable,”.

In Schedule 8, clause 1, definition of NERZ, replace “regulation 3(1) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013” with “regulations made under the Health and Safety at Work Act 2015”.

In Schedule 8, clause 1, definition of underground coal mining operation, replace “regulation 3(1) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013” with “regulations made under the Health and Safety at Work Act 2015”.

In Schedule 8, clause 1, definition of underground metalliferous mining operation, replace “regulation 3(1) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013” with “regulations made under the Health and Safety at Work Act 2015”.

In Schedule 8, clause 37(3), replace “the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013” with “regulations made under the Health and Safety at Work Act 2015”.

Gas (Safety and Measurement) Regulations 2010 (SR 2010/76)

In regulation 3(1), revoke the definition of all practicable steps.

In regulation 3(1), after the definition of point of supply, insert:

reasonably practicable has the meaning given in section 2(1) of the Act

In regulation 3(1), replace the definition of safety management system with:

safety management system means a system that is implemented by a safety management system operator for the purpose of ensuring, so far as is reasonably practicable, that the gas supply system is prevented from presenting a significant risk of—

(a)

serious harm to any member of the public; or

(b)

significant damage to property owned by a person other than the safety management system operator

In regulation 26(1), replace “must take all practicable steps to ensure” with “must ensure, so far as is reasonably practicable,”.

In regulation 26(4), replace “fails to take all practicable steps to ensure” with “fails to ensure, so far as is reasonably practicable,”.

In regulation 27(1), replace “must take all practicable steps to ensure” with “must ensure, so far as is reasonably practicable,”.

Replace regulation 35(1)(c) with:

(c)

the effect of the safety management system is to prevent, so far as is reasonably practicable, the gas supply system from presenting a significant risk of—

(i)

serious harm to any member of the public; or

(ii)

significant damage to property owned by a person other than the safety management system operator.

In regulation 53(2), replace “must take all practicable steps to ensure” with “must ensure, so far as is reasonably practicable,”.

In regulation 74(1), replace “must take all practicable steps to ensure” with “must ensure, so far as is reasonably practicable,”.

In regulation 74(4), replace “before taking all practicable steps to ensure” with “before ensuring, so far as is reasonably practicable,”.

Replace regulation 75(1) with:

(1)

Every person who hires or leases out, or who offers to hire or lease out, any gas appliance, fittings, or gas installation or any property or premises containing a gas appliance, fittings, or gas installation must ensure, so far as is reasonably practicable,—

(a)

that before hiring, leasing, or offering to hire or lease, the gas appliance, fittings, or gas installation is safe; and

(b)

that the gas appliance, fittings, or gas installation is accompanied by instructions for its safe use, including information on any maintenance or ongoing safety inspections that are required.

In regulation 78(2), replace “must take all practicable steps to ensure” with “must ensure, so far as is reasonably practicable,”.

In regulation 80(1), replace “must take all practicable steps to ensure” with “must ensure, so far as is reasonably practicable,”.

Hazardous Substances (Packaging) Regulations 2001 (SR 2001/118)

In regulation 3, revoke the definition of employee.

In regulation 3, after the definition of UN Model Regulations, insert:

worker has the same meaning as in section 19 of the Health and Safety at Work Act 2015.

Health and Safety in Employment (Pipelines) Regulations 1999 (SR 1999/350)

In regulation 2, replace definition of the Act with:

Act means the Health and Safety at Work Act 2015

In regulation 3, replace “place of work” with “workplace” in each place.

In regulation 5(1), (2), and (3), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 6(1), replace “must take all practicable steps to” with “must, so far as is reasonably practicable,”.

In regulation 7(1), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 8(1) and (2), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 9(4), replace “his or her” with “its”.

In regulation 11(1), (3), and (6), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 12(3), (4), and (5) replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 13(1) and (2), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 14, replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 15(1), replace “must take all practicable steps to notify” with “must, so far as is reasonably practicable, notify”.

Replace regulation 16(1) with:

(1)

An employer—

(a)

must, so far as is reasonably practicable, ensure that any work on, in, or around a pipeline is undertaken in such a manner as to minimise any significant hazards that may arise; and

(b)

must ensure that, before work is undertaken, the manager is notified of those activities specified in subclause (4) that are likely to adversely affect the structural integrity or operation of any pipeline and create a significant hazard.

In regulation 16(2), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 17(1), replace “place of work must take all practicable steps to develop” with “workplace must, so far as is reasonably practicable, develop”.

Revoke the cross-heading above regulation 19.

Health and Safety in Employment (Pressure Equipment, Cranes, Passenger Ropeways) Regulations 1999 (SR 1999/128)

In regulation 3, replace “place of work” with “workplace”.

In regulation 8(1), replace “must take all practicable steps in relation to equipment, to ensure” with “must, so far as is reasonably practicable, in relation to equipment, ensure”.

In regulation 8(2), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 8(5), replace “place of work” with “workplace” in each place.

In regulation 9(1), replace “must take all practicable steps to ensure that” with “must, so far as is reasonably practicable, take steps to ensure that”.

In regulation 9(2)(a), replace “place of work” with “workplace”.

In regulation 10(1), (2), (3), and (5), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 11, replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 12, replace “must, as soon as practicable, take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 13(2) and (3), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 14, replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 15(3), replace “must take all practicable steps to notify” with “must, so far as is reasonably practicable, notify”.

In regulation 17(6), replace “takes all practicable steps” with “takes steps, so far as is reasonably practicable,”.

In regulation 18, replace “must take all practicable steps to” with “must, so far as is reasonably practicable,”.

In regulation 19(1), replace “must take all practicable steps, in relation to equipment, to ensure” with “must, so far as is reasonably practicable, in relation to equipment, ensure”.

In regulation 19(2), (3), and (4), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 20(1), (2), and (3), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 21(3), (4), (5), and (6), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 28(2), replace “must take all practicable steps to comply” with “must, so far as is reasonably practicable, comply”.

In regulation 29(4), replace “him or her” with “it”.

In regulation 36(1), replace “must take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

Revoke Part 6.

In Schedule 1, replace the definition of Act with:

Act means the Health and Safety at Work Act 2015

In Schedule 1, definition of manufacture, replace “place of work” with “workplace”.

In Schedule 1, definition of manufacturer, replace “place of work” with “workplace”.

In Schedule 1, definition of supplier, replace “place of work” with “workplace” in each place.

Health and Safety in Employment Regulations 1995 (SR 1995/167)

In regulation 2, replace the definition of Act with:

Act means the Health and Safety at Work Act 2015

In regulation 2, definition of plant, replace “place of work” with “workplace”.

In regulation 10(1)(a) and (b), replace “place of work” with “workplace”.

In regulation 10(2)(a), replace “place of work” with “workplace” in each place.

In regulation 11(1), replace “shall take all practicable steps to ensure, in relation to every place of work” with “must, so far as is reasonably practicable, ensure, in relation to every workplace”.

In regulation 11(2)(b), replace “place of work” with “workplace”.

In regulation 11(3), replace “has taken all practicable steps to ensure that no employee at any place of work” with “has, so far as is reasonably practicable, taken steps to ensure that no employee at any workplace”.

In regulation 11(3)(a), replace “place of work” with “workplace”.

In regulation 12, replace “place of work” with “workplace” in each place.

In regulation 17(1), replace “shall take all practicable steps to ensure, in relation to every place of work” with “must, so far as is reasonably practicable, ensure, in relation to every workplace”.

In regulation 17(2), replace “shall take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 18, replace “place of work under the control of any employer, that employer shall take all practicable steps to ensure” with “workplace under the control of any employer, that employer must, so far as is reasonably practicable, ensure”.

In regulation 19(1)(a), replace “place of work” with “workplace”.

In regulation 19(3), replace “takes all practicable steps to ensure that every employee at every place of work” with “has, so far as is reasonably practicable, taken steps to ensure that every employee at every workplace”.

In regulation 20(1) and (2), replace “shall take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 21(1), replace “place of work” with “workplace”.

In regulation 21(2), replace “shall take all practicable steps to ensure, in relation to every place of work” with “must, so far as is reasonably practicable, ensure, in relation to every workplace”.

In regulation 22(1), replace “place of work” with “workplace” in each place.

In regulation 22(2), replace “shall take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 23(1) and (2), replace “place of work” with “workplace” in each place.

In regulation 24(1), replace “shall take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 24(2)(d), replace “takes all practicable steps to ensure” with “has, so far as is reasonably practicable, taken steps to ensure”.

In regulation 24(3), replace “shall take all practicable steps to ensure that any shoring used in any excavation at the place of work” with “must, so far as is reasonably practicable, ensure that any shoring used in any excavation at the workplace”.

In regulation 25, replace “shall take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 26(1), replace “place of work” with “workplace”.

In regulation 26(2), replace “shall take all practicable steps to lodge” with “must, so far as is reasonably practicable, take steps to lodge”.

In regulation 47, replace “place of work” with “workplace” in each place.

In regulation 48(1), replace “shall take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 49, replace “shall take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 50, replace “place of work” with “workplace” in each place.

In regulation 52(1), replace “shall take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

In regulation 53(1), replace “shall take all practicable steps to ensure” with “must, so far as is reasonably practicable, ensure”.

Revoke Part 8.

Mines Rescue (Levy) Regulations 2014 (LI 2014/21)

In regulation 4, definition of opencast coal mining operation, replace “section 19M of the Health and Safety in Employment Act 1992” with “clause 2 of Schedule 3 of the Health and Safety at Work Act 2015”.

In regulation 4, definition of suspended, replace “section 19M(a) and (b) of the Health and Safety in Employment Act 1992” with “clause 2(a) and (b) of Schedule 3 of the Health and Safety at Work Act 2015”.

In regulation 4, definition of tunnelling operation, replace “section 19O of the Health and Safety in Employment Act 1992” with “clause 4 of Schedule 3 of the Health and Safety at Work Act 2015”.

In regulation 4, definition of underground coal mining operation, replace “section 19M of the Health and Safety in Employment Act 1992” with “clause 2 of Schedule 3 of the Health and Safety at Work Act 2015”.

In regulation 4, definition of underground metalliferous mining operation, replace “section 19M of the Health and Safety in Employment Act 1992” with “clause 2 of Schedule 3 of the Health and Safety at Work Act 2015”.

Railways Regulations 2008 (SR 2008/108)

In regulation 9(b)(ii), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.

In regulation 10(d), replace “Health and Safety in Employment Act 1992” with “Health and Safety at Work Act 2015”.