Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023
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Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023
Public Act |
2023 No 30 |
|
Date of assent |
12 June 2023 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023.
2 Commencement
This Act comes into force on the day after the day on which it receives the Royal assent.
Part 1 Amendments to Health and Safety at Work Act 2015
3 Principal Act
This Part amends the Health and Safety at Work Act 2015.
4 Section 62 replaced (Election of health and safety representatives)
Replace section 62 with:
62 Election of health and safety representatives
(1)
A worker who carries out work for a business or undertaking may request the PCBU to initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.
(2)
If a PCBU receives a request under subsection (1), the PCBU must, within the time prescribed by regulations, initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.
(3)
The PCBU’s obligation to initiate an election in response to a worker’s request applies only in relation to an election for the work group to which the worker belongs.
(4)
A PCBU may, on the PCBU’s own initiative, initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.
(5)
A person who contravenes subsection (2) commits an offence and is liable on conviction,—
(a)
for an individual, to a fine not exceeding $5,000:
(b)
for any other person, to a fine not exceeding $25,000.
5 Section 66 replaced (Health and safety committees)
Replace section 66 with:
66 Health and safety committees
(1)
The following persons may request the PCBU at a workplace to establish a health and safety committee for the business or undertaking or part of the business or undertaking:
(a)
a health and safety representative for a work group of workers carrying out work at that workplace; or
(b)
5 or more workers at that workplace.
(2)
The PCBU must, as soon as practicable after receiving a request under subsection (1), establish a health and safety committee for the business or undertaking or part of the business or undertaking.
(3)
A PCBU at a workplace may establish a health and safety committee for the workplace or part of the workplace on the PCBU’s own initiative.
(4)
A person who contravenes subsection (2) commits an offence and is liable on conviction,—
(a)
for an individual, to a fine not exceeding $5,000:
(b)
for any other person, to a fine not exceeding $25,000.
6 Section 214 amended (Regulations relating to worker engagement, participation, and representation)
Repeal section 214(1)(b)(v).
Part 2 Consequential amendments to Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016
7 Principal regulations
8 Regulation 3 amended (Interpretation)
In regulation 3(1), revoke the definition of ANZSIC classification code.
9 Subpart 1 of Part 2 revoked
Revoke subpart 1 of Part 2.
10 Regulation 13 amended (Elections)
In regulation 13(2)(b), replace “held”
with “conducted”
.
11 Regulation 16 amended (Duty in relation to election)
In regulation 16(2), replace “section 62(2) or (3)”
with “section 62(2) or (4)”
.
12 Regulation 27 revoked (Duty to give notice of decision on health and safety committee)
Revoke regulation 27.
13 Schedules 2 and 3 revoked
Revoke Schedules 2 and 3.
Legislative history
22 November 2022 |
Introduction (Bill 194–1), first reading and referral to Education and Workforce Committee |
|
5 May 2023 |
Reported from Education and Workforce Committee |
|
(Bill 194–2) |
||
17 May 2023 |
Second reading |
|
31 May 2023 |
Committee of the whole House |
|
8 June 2023 |
Third reading |
|
12 June 2023 |
Royal assent |
This Act is administered by the Ministry of Business, Innovation, and Employment.
Versions
Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023
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