Health and Safety Reform Bill

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Hon Simon Bridges

Health and Safety Reform Bill

Government Bill

192—1

Contents

Explanatory note

1 Title

2 Commencement

Part 1
Health and safety at work

Subpart 1Preliminary provisions

3 Purpose

4 Provisions affecting application of Act

Subpart 2Application of Act

5 Application of Act to the Crown

6 Application of Act to Armed Forces

7 Application of Act to aircraft in operation

8 Application of Act to ships

9 Application of Act in exclusive economic zone and in or on continental shelf

10 Application of Act to prescribed high-risk plant

11 Application of Part 3 to prisoners

Subpart 3Interpretation

General

12 Interpretation

Key terms

13 Meaning of PCBU

14 Meaning of worker

15 Meaning of workplace

16 Meaning of supply

17 Meaning of reasonably practicable

18 Meaning of notifiable injury or illness

19 Meaning of notifiable incident

20 Meaning of notifiable event

Examples

21 Status of examples

Subpart 4Key principles relating to duties

22 Duty to manage risk

23 Compliance with other enactments

24 Duties not transferable

25 Person may have more than 1 duty

26 More than 1 person may have same duty

27 Duty to consult other duty holders

28 PCBU must not levy workers

29 No contracting out

Part 2
Health and safety duties

Subpart 1Duties of persons conducting business or undertaking

30 Primary duty of care

31 Duty of self-employed persons

32 Duty of PCBU who manages or controls workplace

33 Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces

34 Duty of PCBU who designs plant, substances, or structures

35 Duty of PCBU who manufactures plant, substances, or structures

36 Duty of PCBU who imports plant, substances, or structures

37 Duty of PCBU who supplies plant, substances, or structures

38 Duty of PCBU who installs, constructs, or commissions plant or structures

Subpart 2Duties of officers, workers, and other persons

39 Duty of officers

40 Duties of workers

41 Duties of other persons at workplace

Subpart 3Offences relating to health and safety duties

42 Offence of reckless conduct in respect of health and safety duty

43 Offence of failing to comply with health and safety duty that exposes individual to risk of death or serious injury or illness

44 Offence of failing to comply with health and safety duty

Specific provisions relating to liability of certain persons

45 Liability of officers

46 Liability of volunteers

47 Liability of certain office holders

48 Liability of unincorporated associations

Other matters relating to offences

49 Actions taken to prevent harm

50 Proof of intention not required for certain offences

Subpart 4Duties to notify notifiable events and preserve sites

51 Duty to notify notifiable event

52 Requirement to keep records

53 Duty to preserve sites

Subpart 5Authorisations

54 Meaning of authorised

55 Requirements for authorisation of workplaces

56 Requirements for authorisation of plant or substance

57 Requirements for authorisation of work

58 Requirements for prescribed qualifications or experience

59 Requirement to comply with conditions of authorisation

Part 3
Engagement, worker participation, and representation

60 Outline of this Part

Subpart 1Engagement with workers and worker participation practices

Engagement with workers

61 Duty to engage with workers

62 Nature of engagement

63 When engagement is required

Worker participation practices

64 Duty to have worker participation practices

Subpart 2Health and safety representatives

Request for health and safety representative

65 Request for election of health and safety representatives

Determination of work groups

66 Requirement for PCBU to facilitate determination work groups

67 Purpose of determining work groups

68 Requirements for conducting elections

Functions and powers of health and safety representatives

69 Functions of health and safety representatives

70 Health and safety representative may attend interview

71 Health and safety representative may enter and inspect workplace

72 Health and safety representative may request information

73 Health and safety representative may be assisted by another person

74 Health and safety representative may accompany inspector

75 Health and safety representative may consult regulator or inspector

76 Functions and powers of health and safety representative generally limited to particular work group

77 Deputy health and safety representatives

Obligations of PCBU to health and safety representatives

78 Obligations of PCBU to health and safety representative

79 Exceptions to sections 72(1) and 78(1)

80 Requirement to allow health and safety representatives to attend certain training

Other matters

81 Functions and powers for health and safety purposes only

82 Information to be used by health and safety representative for health and safety purposes only

83 No duty on health and safety representative

84 Immunity of health and safety representatives

85 Regulator may remove health and safety representative

86 Appeal against removal from office

87 Further provisions relating to mining sector

Subpart 3Health and safety committees

88 Health and safety committees

89 Functions of health and safety committee

90 Obligations of PCBU in relation to health and safety committees

91 Information to be used by health and safety committee for health and safety purposes only

Subpart 4Provisional improvement notices

92 Provisional improvement notices

93 Training requirements

94 Requirements relating to provisional improvement notices

95 Provisional improvement notice may include recommendations to remedy contravention

96 Minor changes to provisional improvement notice

97 Issue of provisional improvement notice

98 Cancellation of provisional improvement notice

99 Display of provisional improvement notice

100 Irregularities or defects in notice

101 Offence relating to breach of provisional improvement notice

102 Review of provisional improvement notice

103 Regulator must ensure inspector reviews notice

104 Decision of inspector on review of provisional improvement notice

Subpart 5Right to cease or direct cessation of unsafe work

105 Meaning of cease work

106 Right of worker to cease unsafe work

107 Health and safety representative may direct unsafe work to cease

108 Alternative work

109 Regulator may assist to resolve issues relating to cessation of work

Subpart 6Prohibition of adverse, coercive, or misleading conduct

110 Meaning of adverse conduct

111 Meaning of prohibited health and safety reason

112 Prohibition on adverse conduct

113 Prohibition on requesting, instructing, inducing, encouraging, authorising, or assisting adverse conduct

114 Prohibition on coercion or inducement

115 Misrepresentation

116 Proof of adverse conduct

Civil proceedings in relation to adverse or coercive conduct

117 Civil proceedings in relation to engaging in or inducing adverse or coercive conduct

118 Procedure for civil proceedings for adverse conduct

General provisions

119 General provisions

Subpart 7Issue resolution

120 Resolution of work health and safety issues

121 Regulator may appoint inspector to assist parties in resolving issue

Part 4
Enforcement and other matters

122 Meaning of notice

Subpart 1Enforcement measures

Improvement notices

123 Power to issue improvement notices

124 Content of improvement notices

125 Compliance with improvement notice

126 Extension of time for compliance with improvement notices

Prohibition notices

127 Power to issue prohibition notice

128 Content of prohibition notice

129 Compliance with prohibition notice

Non-disturbance notices

130 Power to issue non-disturbance notice

131 Content of non-disturbance notice

132 Compliance with non-disturbance notice

133 Issue of subsequent non-disturbance notices

General provisions

134 General provisions relating to notices

135 Changes to notice by inspector

136 Regulator may vary or cancel notice

137 Formal irregularities or defects in notice

138 Issue and giving of notice

139 Display of notice

Subpart 2Remedial action

140 When regulator may carry out remedial action

141 Power of regulator to take other remedial action

142 Costs of remedial or other action

Subpart 3Order relating to non-compliance with notices

143 Order relating to non-compliance with notice

Subpart 4Enforceable undertakings

144 Regulator may accept enforceable undertakings

145 Notice of decision and reasons for decision

146 When enforceable undertaking is enforceable

147 Compliance with enforceable undertaking

148 Contravention of enforceable undertaking

149 Withdrawal or variation of enforceable undertaking

150 Proceedings for alleged contravention

Subpart 5Reviews and appeals

151 Interpretation

Internal review

152 Application for internal review

153 Decision of regulator

154 Notice of decision on internal review

155 Stay of reviewable decision on internal review

Appeal to District Court

156 Application for appeal

Subpart 6Infringement offences

157 Interpretation

158 Proceedings for infringement offence

159 Infringement notices

160 Revocation of infringement notice

161 Payment of infringement fees

Subpart 7Legal proceedings

162 Interpretation

163 Person may notify regulator of interest in knowing of enforcement action taken by regulator

164 Prosecutions

165 Private prosecutions

166 Continuing or repeated matters

167 Limitation period for prosecutions

Subpart 8Sentencing for offences

168 Application of subpart

169 Sentencing criteria

170 Order for payment of regulator's costs in bringing prosecution

171 Adverse publicity orders

172 Orders for restoration

173 Work health and safety project orders

174 Release on giving of court-ordered enforceable undertaking

175 Injunctions

176 Training orders

177 Offence to fail to comply with order

Insurance against fines unlawful and of no effect

178 Insurance against fines unlawful

Attribution of liability

179 State of mind of directors, employees, or agents attributed to body corporate or other principal

180 Conduct of directors, employees, or agents attributed to body corporate or other principal

Subpart 9Inspectors and health and safety medical practitioners

Inspectors

181 Appointment of inspectors

182 Identity cards

183 Suspension and ending of appointment of inspectors

184 Inspectors subject to regulator's directions

185 Powers of entry and inspection

186 Powers of inspectors to enter homes

187 Power of inspectors to deal with cause of imminent danger

188 Notice of entry

189 Powers to take samples and other objects and things

190 Powers of regulator to authorise making of applications for search warrants

191 Continuation of inspectors' powers of entry and inspection without search warrants

192 Power to require name and address

193 Duty to assist inspectors

194 Immunity of inspectors and persons assisting inspectors

195 Offence for failing to provide inspector with correct name and residential address

196 Offence to hinder or obstruct inspector

197 Offence to impersonate inspector

Health and safety medical practitioners

198 Appointment of health and safety medical practitioners

199 Powers of entry and inspection of health and safety medical practitioners

200 Health and safety medical practitioners may require workers to be medically examined

201 Health and safety medical practitioners may suspend workers in certain cases

202 Immunity of health and safety medical practitioners and persons assisting health and safety medical practitioners

203 Offence to hinder or obstruct health and safety medical practitioner

204 Offence to impersonate health and safety medical practitioner

Part 5
Miscellaneous provisions

Subpart 1Administration

205 Role of WorkSafe

206 Functions and powers of regulator other than WorkSafe

Designated agency

207 Designated agency

208 Role of designated agencies

209 Proceedings not to be questioned for want of form

Joint policy directions

210 Designated agency must give effect to joint policy directions

Health and Safety at Work Strategy and workplace injury prevention

211 Health and Safety at Work Strategy

212 Workplace injury prevention

Information sharing

213 Sharing of information between regulator and regulatory agencies

214 Requirement of other regulator to notify WorkSafe of notifiable event

215 Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury

216 Coroner may call for report on fatal accident

Funding levy

217 Funding levy

218 Consultation requirement relating to funding levy

Subpart 2General provisions

219 Offence to give false or misleading information

220 Confidentiality of information

Subpart 3Regulations, approved codes of practice, and safe work instruments

Regulations

221 Regulations relating to health and safety

222 Regulations relating to hazardous substances

223 Regulations relating to exemptions in respect of Armed Forces

224 Regulations relating to worker engagement, participation, and representation

225 Regulations providing for transitional matters

226 Consultation requirements for making certain regulations

227 Further provisions relating to regulations

228 Procedure for making regulations relating to definitions, exclusions, or exemptions

Codes of practice

229 Approval of codes of practice

230 Publication and commencement of approved code of practice

231 Access to approved codes of practice

232 Proof of codes of practice

233 Use of approved codes of practice in proceedings

Safe work instruments

234 Minister may approve safe work instruments

235 Legal effect of safe work instruments

General provisions

236 Minister may delegate approval of codes of practice and safe work instruments to regulator

Subpart 4Transitional and savings provisions, repeals, and consequential amendments

237 Transitional and savings provisions

238 Repeals and revocations

239 Consequential amendments

Part 6
Amendments to other Acts

Subpart 1Amendments to Accident Compensation Act 2001

240 Principal Act

241 New section 5A inserted (Provisions affecting application of amendments to this Act)

242 Section 167 amended (Application and source of funds)

243 Section 169 amended (Rates of levies)

244 New sections 174A to 174F inserted

245 Section 175 amended (Risk adjustment of Work Account levies)

246 Section 176 amended (Incorporation by reference)

247 Section 190 amended (Purchase of weekly compensation by shareholder-employees)

248 Section 263 amended (Prevention of personal injury)

249 New sections 264A and 264B inserted

250 New section 402 and cross-heading inserted

251 New Schedule 1AA inserted

Subpart 2Amendments to Hazardous Substances and New Organisms Act 1996

252 Principal Act

253 Section 2 amended (Interpretation)

254 Section 3 amended (Act to bind the Crown)

255 New section 3A inserted (Transitional and savings provisions relating to amendments to Act)

256 Section 9 amended (Methodology to be used)

257 Section 11 amended (Powers, functions, and duties of Authority)

258 Section 19 amended (Delegation by Authority)

259 New section 20B inserted (Register of importers and manufacturers)

260 Section 26 replaced (Determination of new organism or hazardous substance)

261 Section 33 amended (Exemptions from Act for small-scale research on hazardous substances)

262 Section 53 amended (Applications required to be publicly notified)

263 Section 53A amended (Method of public notification)

264 Section 58 amended (Further information)

265 Section 59 amended (Time limits and waivers)

266 Section 63A amended (Modified reassessment procedure for amendments to approvals of hazardous substances)

267 New section 63C inserted (Modified reassessment to change controls in other cases)

268 Section 65 amended (No compensation following reassessment)

269 New section 67B inserted (Revoking duplicated approvals)

270 Section 68 amended (Minister's power to call in applications with significant effects)

271 Section 74 replaced (Establishment of hazard classification system)

272 Section 75 amended (Regulations prescribing hazard classification control)

273 Section 76 replaced (Requirements for containers, identification, disposal, emergencies, tracking, and fireworks)

274 Section 77 amended (Controls on hazardous substances)

275 Section 77A amended (Authority's power to impose controls and vary specified controls)

276 Section 77B amended (Exposure limits for substances with toxic or ecotoxic properties)

277 Section 78 amended (Codes of practice)

278 Section 82 replaced (Issue of test certificates by test certifiers)

279 Sections 82A to 86 repealed

280 Cross-heading above section 95A amended

281 Section 95B repealed (Licences)

282 Section 96B amended (Group standards)

283 Section 96C amended (When group standards may be issued or amended)

284 Section 97 amended (Enforcement of Act)

285 Section 97B amended (Enforcement of Act in respect of hazardous substances in place of work)

286 Section 109 amended (Offences)

287 Section 111 amended (Commission of infringement offence)

288 Section 125 amended (Appeals)

289 Section 140 amended (Regulations)

290 Section 141 amended (Procedure for making Orders in Council)

291 Schedule 2A amended

292 Schedule 7 replaced

293 Consequential and other amendments to principal Act

294 Amendments to other enactments

Subpart 3Amendments to Employment Relations Act 2000

295 Principal Act

296 Section 67B amended (Effect of trial provision under section 67A)

297 Section 103 amended (Personal grievance)

298 Section 104 amended (Discrimination)

299 Section 107 amended (Definition of involvement in activities of union for purposes of section 104)

300 New section 110A inserted (Adverse conduct for prohibited health and safety reason)

301 Section 111 amended (Definitions relating to personal grievances)

302 Section 137 amended (Power of Authority to order compliance)

303 Section 138 amended (Further provisions relating to compliance order by Authority)

304 Schedule 1A amended

Subpart 4Amendments to WorkSafe New Zealand Act 2013

305 Principal Act

306 Section 3 amended (Interpretation)

307 Section 7 amended (WorkSafe New Zealand's board)

308 Section 8 amended (Advisory groups)

309 Section 9 amended (WorkSafe New Zealand's main objective)

310 Section 10 amended (WorkSafe New Zealand's functions)

311 New section 21A and cross-heading inserted

312 New Schedule 2 inserted

Schedule 1
Transitional and savings provisions

Schedule 2
Health and safety in mining sector

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


The Parliament of New Zealand enacts as follows: