Health and Safety at Work Bill

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Hon Michael Woodhouse

Health and Safety at Work Bill

Government Bill

192—3A

	Bill note
	Key
1	Title
2	Commencement
	Part 1 Health and safety at work
	Subpart 1—Preliminary provisions
3	Purpose
4	Transitional, savings, and related provisions
	Subpart 2—Application of Act
5	Application of Act to the Crown
5A	Enforcement of Act against the Crown
6	Application of Act to Armed Forces
6A	Application of Act to intelligence and security agencies
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
	Disapplication of Part 3
10A	Certain provisions of Part 3 do not apply to members of Armed Forces
10B	Part 3 does not apply to volunteer workers
11	Part 3 does not apply to prisoners
	Subpart 3—Interpretation
	General
12	Interpretation
	Key terms
13	Meaning of PCBU
13A	Meaning of officer
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 4—General provisions
28	PCBU must not levy workers
29	No contracting out
29AA	Insurance against fines unlawful
	Part 2 Health and safety duties
	Subpart 1AA—Key principles relating to duties
29A	Management of risks
29B	Duties not transferable
29C	Person may have more than 1 duty
29D	More than 1 person may have same duty
29E	PCBU must consult other PCBUs with same duty
29F	Compliance with other enactments
	Subpart 1—Duties of PCBUs
30	Primary duty of care
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 2—Duties of officers, workers, and other persons
39	Duty of officers
40	Duties of workers
41	Duties of other persons at workplace
	Subpart 3—Offences relating to duties
42	Offence of reckless conduct in respect of duty
43	Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness
44	Offence of failing to comply with duty
	Specific provisions relating to liability of certain persons
45	Liability of officers
46	Liability of volunteers
47	Liability of certain office holders
	Other matters relating to offences
49	Actions taken to prevent harm
50	Proof of intention not required for certain offences
	Subpart 4—Duties to preserve sites and notify notifiable events
51	Duty to preserve sites
52	Duty to notify notifiable event
53	Requirement to keep records
	Part 3 ~~Engagement, worker participation,~~ Worker engagement, participation, and representation
	Subpart 1—Engagement 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 2—Health and safety representatives and health and safety committees
	Election of health and safety representatives
65	Election of health and safety representatives
65A	Requirements for conducting elections
	Determination of work groups
66	Determination of work groups
66A	Determination of numbers of health and safety representatives for work groups
	Health and safety committees
86A	Health and safety committees
	Further provisions relating to health and safety representatives, health and safety committees, and health and safety in mining sector
86B	Further provisions relating to health and safety representatives and health and safety committees
87	Further provisions relating to mining sector
	Subpart 4—Provisional improvement notices
92	Provisional improvement notices
93	Training requirements relating to issue of provisional improvement notice
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 5—Right to cease or direct cessation of unsafe work
105	Meaning of cease work
106	Right of worker to cease or refuse to carry out unsafe work
107	Health and safety representative may direct unsafe work to cease
107A	Training requirements relating to giving direction to cease work
108	Alternative work
109	Regulator may assist to resolve issues relating to cessation of work
	Subpart 6—Prohibition 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 7—Issue 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 1—Enforcement 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 of notice
139	Display of notice at workplace by person issued with notice
139A	Inspector may display notice
	Subpart 2—Remedial 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 3—Civil proceedings for non-compliance with notices
143	Civil proceedings relating to non-compliance with notice
	Subpart 4—Enforceable 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 5—Reviews 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 6—Infringement offences
157	Interpretation
158	Proceedings for infringement offence
159	Infringement notices
160	Revocation of infringement notice
161	Payment of infringement fees
	Subpart 7—Criminal proceedings
162	Meaning of enforcement action
163	Person may notify regulator of interest in knowing of enforcement action taken by regulator
164	Prosecutions by regulator
165	Private prosecutions
166	Continuing or repeated matters
	Limitation periods for prosecutions
167	Limitation period for prosecutions brought by regulator
167A	Extension of time if regulator needs longer to decide whether to bring prosecution
167B	Limitation period for private prosecutions
167C	~~Extension of time for certain proceedings~~ Certain proceedings may be brought after end of limitation period if fresh evidence discovered
	Subpart 8—Sentencing 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
	Subpart 8A—General provisions relating to proceedings
178	State of mind of directors, employees, or agents attributed
179	Conduct of directors, employees, or agents attributed
180A	Proceedings involving classified security information
	Subpart 9—Inspectors 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
184A	Regulator has powers of inspector
185	Powers of entry and inspection
186	Power to enter homes
187	Power to deal with cause of imminent danger
188	Notice of entry
189	Power to take samples and other objects and things
190	Power of regulator to authorise making of applications for search warrants
191	Continuation of 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 or regulator
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
198A	Suspension and ending of 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 1—Administration
205	Role of WorkSafe
206	Functions and powers of regulator other than WorkSafe
	Designated agencies
207	Designated agencies
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 1A—Authorisations
218A	Meaning of authorised
218B	Requirements for authorisation of workplaces
218C	Requirements for authorisation of plant or substance
218D	Requirements for authorisation of work
218E	Requirements for prescribed qualifications or experience
218F	Requirement to comply with conditions of authorisation
	Subpart 2—General provisions
219	Offence to give false or misleading information
220	Confidentiality of information
	Subpart 3—Regulations, exemptions, 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
224A	Regulations relating to levies
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
	Exemptions
228A	Regulator may grant exemption from compliance with regulations
228B	Status and publication of exemptions granted by regulator
	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
236A	Relationship between regulations relating to hazardous substances under this Act and Resource Management Act 1991
	Subpart 4—Repeals, revocations, and consequential amendments
238	Repeals and revocations
239	Consequential amendments
	· · · · ·
	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
	Legislative history

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