Health and Safety Reform Bill

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Hon Michael Woodhouse

Health and Safety Reform Bill

Government Bill

192—2

Contents

Commentary
Key
1Title
2Commencement
Part 1
Health and safety at work
Subpart 1—Preliminary provisions
3Purpose
4Provisions affecting application of Act Transitional, savings, and related provisions
Subpart 2—Application of Act
5Application of Act to the Crown
5Application of Act to the Crown
5AEnforcement of Act against the Crown
6Application of Act to Armed Forces
6AApplication of Act to intelligence and security agencies
7Application of Act to aircraft in operation
8Application of Act to ships
9Application of Act in exclusive economic zone and in or on continental shelf
10Application of Act to prescribed high-risk plant
Disapplication of Part 3
10ACertain provisions of Part 3 do not apply to members of Armed Forces
10BPart 3 does not apply to volunteer workers
11Application of Part 3 does not apply to prisoners
Subpart 3—Interpretation
General
12Interpretation
Key terms
13Meaning of PCBU
13AMeaning of officer
14Meaning of worker
15Meaning of workplace
16Meaning of supply
17Meaning of reasonably practicable
18Meaning of notifiable injury or illness
19Meaning of notifiable incident
20Meaning of notifiable event
Examples
21Status of examples
Subpart 4—Key principles relating to duties General provisions
22Duty to manage risk
23Compliance with other enactments
24Duties not transferable
25Person may have more than 1 duty
26More than 1 person may have same duty
27Duty to consult other duty holders
28PCBU must not levy workers
29No contracting out
29AAInsurance against fines unlawful
Part 2
Health and safety duties
Subpart 1AA—Key principles relating to duties
29AManagement of risks
29BDuties not transferable
29CPerson may have more than 1 duty
29DMore than 1 person may have same duty
29EPCBU must consult other PCBUs with same duty
29FCompliance with other enactments
Subpart 1—Duties of persons conducting business or undertaking PCBUs
30Primary duty of care
31Duty of self-employed persons
32Duty of PCBU who manages or controls workplace
33Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces
34Duty of PCBU who designs plant, substances, or structures
35Duty of PCBU who manufactures plant, substances, or structures
36Duty of PCBU who imports plant, substances, or structures
37Duty of PCBU who supplies plant, substances, or structures
38Duty of PCBU who installs, constructs, or commissions plant or structures
Subpart 2—Duties of officers, workers, and other persons
39Duty of officers
40Duties of workers
41Duties of other persons at workplace
Subpart 3—Offences relating to health and safety duties
42Offence of reckless conduct in respect of health and safety duty
43Offence of failing to comply with health and safety duty that exposes individual to risk of death or serious injury or serious illness
44Offence of failing to comply with health and safety duty
Specific provisions relating to liability of certain persons
45Liability of officers
46Liability of volunteers
47Liability of certain office holders
48Liability of unincorporated associations
Other matters relating to offences
49Actions taken to prevent harm
50Proof of intention not required for certain offences
Subpart 4—Duties to notify notifiable events and preserve sites preserve sites and notify notifiable events
51Duty to notify notifiable event
52Requirement to keep records
53Duty to preserve sites
51Duty to preserve sites
52Duty to notify notifiable event
53Requirement to keep records
Subpart 5—Authorisations
54Meaning of authorised
55Requirements for authorisation of workplaces
56Requirements for authorisation of plant or substance
57Requirements for authorisation of work
58Requirements for prescribed qualifications or experience
59Requirement to comply with conditions of authorisation
Part 3
Engagement, worker participation, and representation
60Outline of this Part
Subpart 1—Engagement with workers and worker participation practices
Engagement with workers
61Duty to engage with workers
62Nature of engagement
63When engagement is required
Worker participation practices
64Duty to have worker participation practices
Subpart 2—Health and safety representatives and health and safety committees
Request for Election of health and safety representative representatives
65Request for election Election of health and safety representatives
65ARequirements for conducting elections
Determination of work groups
66Requirement for PCBU to facilitate determination work groups Determination of work groups
66ADetermination of numbers of health and safety representatives for work groups
67Purpose of determining work groups
68Requirements for conducting elections
Functions and powers of health and safety representatives
69Functions of health and safety representatives
70Health and safety representative may attend interview
71Health and safety representative may enter and inspect workplace
72Health and safety representative may request information
73Health and safety representative may be assisted by another person
74Health and safety representative may accompany inspector
75Health and safety representative may consult regulator or inspector
76Functions and powers of health and safety representative generally limited to particular work group
77Deputy health and safety representatives
Obligations of PCBU to health and safety representatives
78Obligations of PCBU to health and safety representative
79Exceptions to sections 72(1) and 78(1)
80Requirement to allow health and safety representatives to attend certain training
Other matters
81Functions and powers for health and safety purposes only
82Information to be used by health and safety representative for health and safety purposes only
83No duty on health and safety representative
84Immunity of health and safety representatives
85Regulator may remove health and safety representative
86Appeal against removal from office
Health and safety committees
86AHealth and safety committees
Further provisions relating to health and safety representatives, health and safety committees, and health and safety in mining sector
86BFurther provisions relating to health and safety representatives and health and safety committees
87Further provisions relating to mining sector
Subpart 3—Health and safety committees
88Health and safety committees
89Functions of health and safety committee
90Obligations of PCBU in relation to health and safety committees
91Information to be used by health and safety committee for health and safety purposes only
Subpart 4—Provisional improvement notices
92Provisional improvement notices
93Training requirements relating to issue of provisional improvement notice
94Requirements relating to provisional improvement notices
95Provisional improvement notice may include recommendations to remedy contravention
96Minor changes to provisional improvement notice
97Issue of provisional improvement notice
98Cancellation of provisional improvement notice
99Display of provisional improvement notice
100Irregularities or defects in notice
101Offence relating to breach of provisional improvement notice
102Review of provisional improvement notice
103Regulator must ensure inspector reviews notice
104Decision of inspector on review of provisional improvement notice
Subpart 5—Right to cease or direct cessation of unsafe work
105Meaning of cease work
106Right of worker to cease unsafe work
107Health and safety representative may direct unsafe work to cease
107ATraining requirements relating to giving direction to cease work
108Alternative work
109Regulator may assist to resolve issues relating to cessation of work
Subpart 6—Prohibition of adverse, coercive, or misleading conduct
110Meaning of adverse conduct
111Meaning of prohibited health and safety reason
112Prohibition on adverse conduct
113Prohibition on requesting, instructing, inducing, encouraging, authorising, or assisting adverse conduct
114Prohibition on coercion or inducement
115Misrepresentation
116Proof of adverse conduct
Civil proceedings in relation to adverse or coercive conduct
117Civil proceedings in relation to engaging in or inducing adverse or coercive conduct
118Procedure for civil proceedings for adverse conduct
General provisions
119General provisions
Subpart 7—Issue resolution
120Resolution of work health and safety issues
121Regulator may appoint inspector to assist parties in resolving issue
Part 4
Enforcement and other matters
122Meaning of notice
Subpart 1—Enforcement measures
Improvement notices
123Power to issue improvement notices
124Content of improvement notices
125Compliance with improvement notice
126Extension of time for compliance with improvement notices
Prohibition notices
127Power to issue prohibition notice
128Content of prohibition notice
129Compliance with prohibition notice
Non-disturbance notices
130Power to issue non-disturbance notice
131Content of non-disturbance notice
132Compliance with non-disturbance notice
133Issue of subsequent non-disturbance notices
General provisions
134General provisions relating to notices
135Changes to notice by inspector
136Regulator may vary or cancel notice
137Formal irregularities or defects in notice
138Issue and giving of notice
139Display of notice at workplace by person issued with notice
139AInspector may display notice
Subpart 2—Remedial action
140When regulator may carry out remedial action
141Power of regulator to take other remedial action
142Costs of remedial or other action
Subpart 3—Order relating to Civil proceedings for non-compliance with notices
143Order relating to Civil proceedings relating to non-compliance with notice
Subpart 4—Enforceable undertakings
144Regulator may accept enforceable undertakings
145Notice of decision and reasons for decision
146When enforceable undertaking is enforceable
147Compliance with enforceable undertaking
148Contravention of enforceable undertaking
149Withdrawal or variation of enforceable undertaking
150Proceedings for alleged contravention
Subpart 5—Reviews and appeals
151Interpretation
Internal review
152Application for internal review
153Decision of regulator
154Notice of decision on internal review
155Stay of reviewable decision on internal review
Appeal to District Court
156Application for appeal
Subpart 6—Infringement offences
157Interpretation
158Proceedings for infringement offence
159Infringement notices
160Revocation of infringement notice
161Payment of infringement fees
Subpart 7—Legal Criminal proceedings
162Interpretation Meaning of enforcement action
163Person may notify regulator of interest in knowing of enforcement action taken by regulator
164Prosecutions by regulator
165Private prosecutions
166Continuing or repeated matters
167Limitation period for prosecutions
Limitation periods for prosecutions
167Limitation period for prosecutions brought by regulator
167AExtension of time if regulator needs longer to decide whether to bring prosecution
167BLimitation period for private prosecutions
167CExtension of time for certain proceedings
Subpart 8—Sentencing for offences
168Application of subpart
169Sentencing criteria
170Order for payment of regulator’s costs in bringing prosecution
171Adverse publicity orders
172Orders for restoration
173Work health and safety project orders
174Release on giving of court-ordered enforceable undertaking
175Injunctions
176Training orders
177Offence to fail to comply with order
Insurance against fines unlawful and of no effect
178Insurance against fines unlawful
Attribution of liability
179State of mind of directors, employees, or agents attributed to body corporate or other principal
180Conduct of directors, employees, or agents attributed to body corporate or other principal
Subpart 8A—General provisions relating to proceedings
178State of mind of directors, employees, or agents attributed
179Conduct of directors, employees, or agents attributed
180AProceedings involving classified security information
Subpart 9—Inspectors and health and safety medical practitioners
Inspectors
181Appointment of inspectors
182Identity cards
183Suspension and ending of appointment of inspectors
184Inspectors subject to regulator’s directions
185Powers of entry and inspection
186Powers of inspectors Power to enter homes
187Power of inspectors to deal with cause of imminent danger
188Notice of entry
189Powers Power to take samples and other objects and things
190Powers Power of regulator to authorise making of applications for search warrants
191Continuation of inspectors’ powers of entry and inspection without search warrants
192Power to require name and address
193Duty to assist inspectors
194Immunity of inspectors and persons assisting inspectors or regulator
195Offence for failing to provide inspector with correct name and residential address
196Offence to hinder or obstruct inspector
197Offence to impersonate inspector
Health and safety medical practitioners
198Appointment of health and safety medical practitioners
198ASuspension and ending of appointment of health and safety medical practitioners
199Powers of entry and inspection of health and safety medical practitioners
200Health and safety medical practitioners may require workers to be medically examined
201Health and safety medical practitioners may suspend workers in certain cases
202Immunity of health and safety medical practitioners and persons assisting health and safety medical practitioners
203Offence to hinder or obstruct health and safety medical practitioner
204Offence to impersonate health and safety medical practitioner
Part 5
Miscellaneous provisions
Subpart 1—Administration
205Role of WorkSafe
206Functions and powers of regulator other than WorkSafe
Designated agency agencies
207Designated agency agencies
208Role of designated agencies
209Proceedings not to be questioned for want of form
Joint policy directions
210Designated agency must give effect to joint policy directions
Health and Safety at Work Strategy and workplace injury prevention
211Health and Safety at Work Strategy
212Workplace injury prevention
Information sharing
213Sharing of information between regulator and regulatory agencies
214Requirement of other regulator to notify WorkSafe of notifiable event
215Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury
216Coroner may call for report on fatal accident
Funding levy
217Funding levy
218Consultation requirement relating to funding levy
Subpart 1A—Authorisations
218AMeaning of authorised
218BRequirements for authorisation of workplaces
218CRequirements for authorisation of plant or substance
218DRequirements for authorisation of work
218ERequirements for prescribed qualifications or experience
218FRequirement to comply with conditions of authorisation
Subpart 2—General provisions
219Offence to give false or misleading information
220Confidentiality of information
Subpart 3—Regulations, exemptions, approved codes of practice, and safe work instruments
Regulations
221Regulations relating to health and safety
222Regulations relating to hazardous substances
223Regulations relating to exemptions in respect of Armed Forces
224Regulations relating to worker engagement, participation, and representation
224ARegulations relating to levies
225Regulations providing for transitional matters
226Consultation requirements for making certain regulations
227Further provisions relating to regulations
228Procedure for making regulations relating to definitions, exclusions, or exemptions
Exemptions
228ARegulator may grant exemption from compliance with regulations
228BStatus and publication of exemptions granted by regulator
Codes of practice
229Approval of codes of practice
230Publication and commencement of approved code of practice
231Access to approved codes of practice
232Proof of codes of practice
233Use of approved codes of practice in proceedings
Safe work instruments
234Minister may approve safe work instruments
235Legal effect of safe work instruments
General provisions
236Minister may delegate approval of codes of practice and safe work instruments to regulator
236ARelationship between regulations relating to hazardous substances under this Act and Resource Management Act 1991
Subpart 4—Transitional and savings provisions, repeals, Repeals, revocations, and consequential amendments
237Transitional and savings provisions
238Repeals and revocations
239Consequential amendments
Part 6
Amendments to other Acts
Subpart 1—Amendments to Accident Compensation Act 2001
240Principal Act
241New section 5A inserted (Provisions affecting application of amendments to this Act)
5AProvisions affecting application of amendments to this Act Transitional, savings, and related provisions
241ASection 6 amended (Interpretation)
242Section 167 amended (Application and source of funds)
243Section 169 amended (Rates of levies)
244New sections 174A to 174F inserted
174ACorporation may develop and establish workplace incentive programmes
174BProcess to develop workplace incentive programme
174CMinister’s approval of certain workplace incentive programmes
174DEstablishment of workplace incentive programmes
174EAmendments to workplace incentive programme
174FCorporation must report on effectiveness of workplace incentive programmes
245Section 175 amended (Risk adjustment of Work Account levies)
246Section 176 amended (Incorporation by reference)
247Section 190 amended (Purchase of weekly compensation by shareholder-employees)
248Section 263 amended (Prevention of personal injury)
249New sections 264A and 264B inserted
264AWorkplace injury prevention action plan
264BInjury prevention measures undertaken by WorkSafe and funded by Corporation or jointly undertaken
249ASection 280 amended (Disclosure of information to Corporation)
249BSection 286 amended (Corporation to provide information to Ministry of Business, Innovation, and Employment and to WorkSafe)
250New section 402 and cross-heading inserted
Application, savings, and transitional provisions relating to amendments to this Act after 1 April 2015
402Application, savings, and transitional provisions relating to amendments to Act
251New Schedule 1AA inserted
Subpart 2—Amendments to Hazardous Substances and New Organisms Act 1996
252Principal Act
253Section 2 amended (Interpretation)
254Section 3 amended (Act to bind the Crown)
255New section 3A inserted (Transitional and savings provisions relating to amendments to Act)
3ATransitional and savings provisions relating to amendments to Act
256Section 9 amended (Methodology to be used)
257Section 11 amended (Powers, functions, and duties of Authority)
258Section 19 amended (Delegation by Authority)
258ASection 20 amended (Obligation to prepare and maintain register)
259New section 20B inserted (Register of importers and manufacturers)
20BRegister of importers and manufacturers
260Section 26 replaced (Determination of new organism or hazardous substance)
26Determination of new organism or hazardous substance
261Section 33 amended (Exemptions from Act for small-scale research on hazardous substances)
262Section 53 amended (Applications required to be publicly notified)
263Section 53A amended (Method of public notification)
263Section 53A repealed (Method of public notification)
264Section 58 amended (Further information)
265Section 59 amended (Time limits and waivers)
265ASection 62 amended (Grounds for reassessment of a substance or organism)
266Section 63A amended (Modified reassessment procedure for amendments to approvals of hazardous substances)
267New section 63C inserted (Modified reassessment to change controls in other cases)
63CModified reassessment to change controls in other cases
268Section 65 amended (No compensation following reassessment)
269New section 67B inserted (Revoking duplicated approvals)
67BRevoking duplicated approvals
270Section 68 amended (Minister’s power to call in applications with significant effects)
271Section 74 replaced (Establishment of hazard classification system)
74Establishment of hazard classification system
272Section 75 amended (Regulations prescribing hazard classification control)
273Section 76 replaced (Requirements for containers, identification, disposal, emergencies, tracking, and fireworks)
76Authority may prescribe controls and requirements relating to hazardous substances
76AAuthority may prescribe other matters relating to hazardous substances
76AAAuthority may prescribe transitional and savings provisions
76BProcedure for issuing EPA notices
76CApplication of Legislation Act 2012 to EPA notices
274Section 77 amended (Controls on hazardous substances)
275Section 77A amended (Authority’s power to impose controls and vary specified controls)
276Section 77B amended (Exposure limits for substances with toxic or ecotoxic properties)
277Section 78 amended (Codes of practice)
278Section 82 replaced (Issue of test certificates by test certifiers)
82Certificates
279Sections 82A to 86 repealed
279Sections 82A, 82B, and 83 to 86 repealed
279ASection 82C amended (Revocation of test certificates)
280Cross-heading above section 95A amended
281Section 95B repealed (Licences)
282Section 96B amended (Group standards)
283Section 96C amended (When group standards may be issued or amended)
283ASection 96D amended (Revocation of group standards)
284Section 97 amended (Enforcement of Act)
285Section 97B amended (Enforcement of Act in respect of hazardous substances in place of work)
285Section 97B replaced (Enforcement of Act in respect of hazardous substances in place of work)
97BEnforcement of Act in respect of hazardous substances in workplace
285ASection 99 amended (Supervision of inspection)
285BSection 103 amended (Powers of entry for inspection)
285CNew section 103A inserted (Powers of entry for inspection relating to hazardous substances)
103APowers of entry for inspection relating to hazardous substances
286Section 109 amended (Offences)
287Section 111 amended (Commission of infringement offence)
287ASection 113 amended (Entitlement to infringement fees)
287BSection 117 amended (Strict liability and defences)
288Section 125 amended (Appeals)
289Section 140 amended (Regulations)
290Section 141 amended (Procedure for making Orders in Council)
290ASection 142 amended (Relationship to other Acts)
290BSection 144 amended (Reporting of incidents)
291Schedule 2A amended
292Schedule 7 replaced
293Consequential and other amendments to principal Act
294Amendments to other enactments
Subpart 3—Amendments to Employment Relations Act 2000
295Principal Act
296Section 67B amended (Effect of trial provision under section 67A)
297Section 103 amended (Personal grievance)
298Section 104 amended (Discrimination)
299Section 107 amended (Definition of involvement in activities of union for purposes of section 104)
300New section 110A inserted (Adverse conduct for prohibited health and safety reason)
110AAdverse conduct for prohibited health and safety reason
301Section 111 amended (Definitions relating to personal grievances)
302Section 137 amended (Power of Authority to order compliance)
303Section 138 amended (Further provisions relating to compliance order by Authority)
304Schedule 1A amended
Subpart 4—Amendments to WorkSafe New Zealand Act 2013
305Principal Act
306Section 3 amended (Interpretation)
307Section 7 amended (WorkSafe New Zealand’s board)
308Section 8 amended (Advisory groups)
309Section 9 amended (WorkSafe New Zealand’s main objective)
310Section 10 amended (WorkSafe New Zealand’s functions)
311New section 21A and cross-heading inserted
Transfer of EPA employees and contracts
21ATransfer of EPA employees and contracts to WorkSafe New Zealand
312New Schedule 2 inserted
Schedule 1
Transitional and savings provisions
Schedule 1A
Health and safety representatives and health and safety committees
Schedule 2
Health and safety in mining sector
Schedule 2A
Provisions relating to classified security information
Schedule 3
Consequential amendments
Schedule 4
New Schedule 1AA inserted in Accident Compensation Act 2001
Schedule 5
Schedule 7 replaced in Hazardous Substances and New Organisms Act 1996
Schedule 6
Consequential and other amendments to Hazardous Substances and New Organisms Act 1996
Schedule 7
Amendments to other enactments relating to hazardous substances
Schedule 8
New Schedule 2 inserted in WorkSafe New Zealand Act 2013
Legislative history

The Parliament of New Zealand enacts as follows: