Health and Safety in Employment Regulations 1995

  • This version was replaced on 8 August 2018 to make a correction to regulation 2 under section 25(1)(j)(iii) of the Legislation Act 2012.

Reprint as at 15 May 2017

Coat of Arms of New Zealand

Health and Safety in Employment Regulations 1995

(SR 1995/167)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 21st day of August 1995

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to section 21 of the Health and Safety in Employment Act 1992, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, on the recommendation of the Minister of Labour, hereby makes the following regulations.

Contents

1Title and commencement
2Interpretation
3Relationship between Act and regulations
Part 1
General duties of employers
[Revoked]
4Duties in respect of facilities at every place of work [Revoked]
5Duties in respect of facilities at certain places of work [Revoked]
6Duty in respect of indisposed employees [Revoked]
7Tests for suitability and sufficiency of facilities [Revoked]
8Duty in respect of drinking water [Revoked]
9Duty in respect of cleanliness of place of work [Revoked]
Part 2
Duties in relation to management of particular hazards
Duties of all employers in relation to noise at any workplace
10Application of regulation 11
11Noise
Duties of all employers in relation to some hazards at any workplace
12Application of regulations 13 to 21
13Overcrowding [Revoked]
14Containers of liquids [Revoked]
15Loose but enclosed materials [Revoked]
16Raised objects [Revoked]
17Cleaning, maintenance, or repair of machinery
18Woodworking and abrasive grinding machinery
19Application of regulation 20
20Self-propelled mobile mechanical plant
Duty in relation to heights at some workplaces
21Heights of more than 3 metres
Duty in relation to scaffolding in construction work
22Scaffolding
Duties in relation to excavations in construction work
23Application of regulations 24 and 25
24Excavations with face more than 1.5 metres high
25Excavations of hazardous depth
Notification of particular hazardous work
26Notification
Part 3
Certificates of competence
27Certificates of competence
Application, issue, renewal, cancellation, and suspension
28WorkSafe may recognise organisations
29Application for certificate of competence to be made to chief executive or WorkSafe
30Application to contain evidence
31Requirements of applicants
32Requirements of diver
33Requirements of construction blaster [Revoked]
34Requirements of powder-actuated tool operator
35Requirements of scaffolder
36Investigations by chief executive or WorkSafe
37Use of information
38Chief executive or WorkSafe to issue certificate of competence
39WorkSafe to determine duration
40Renewal of certificate of competence
41Cancellation or suspension of certificate of competence
42Replacement of certificate of competence
43Register
44Appeal to District Court
45Fees inclusive of goods and services tax
46Transitional provisions relating to certificates of competence
Part 4
Duties in relation to certificates of competence
Duties of employers in relation to divers
47Application of regulations 48 and 49
48Diver
49Duty in respect of medical fitness of diver
Duties of employers in relation to construction work
50Application of regulations 52 and 53
51Construction blaster [Revoked]
52Powder-actuated tool operator
53Scaffolder
Part 5
Duties in relation to young persons
[Revoked]
Duties of employers to young persons
[Revoked]
54Employment of young persons [Revoked]
55Injurious tasks [Revoked]
56Machinery [Revoked]
57Tractors and self-propelled mobile mechanical plant [Revoked]
58Night employment [Revoked]
Duties of principals to young persons
[Revoked]
58AApplication of regulations 58B to 58F [Revoked]
58BEngaging young persons as contractors [Revoked]
58CInjurious tasks [Revoked]
58DMachinery [Revoked]
58ETractors and self-propelled mobile mechanical plant [Revoked]
58FNight work [Revoked]
Duties of other persons to young persons
[Revoked]
59Presence of young persons [Revoked]
60Tractors and self-propelled mobile mechanical plant [Revoked]
Exception from certain duties relating to tractors
[Revoked]
61Exception for tractors [Revoked]
Part 6
Duties in relation to agricultural employees’ accommodation
[Revoked]
62Application of this Part [Revoked]
63Accommodation and general facilities for agricultural employees [Revoked]
64Cooking facilities or meals for agricultural employees [Revoked]
Part 7
Duties of designers, manufacturers, and suppliers
[Revoked]
65Sufficient compliance with certain duties in this Part [Revoked]
Plant
[Revoked]
66Duties of designers of plant [Revoked]
67Duties of manufacturers and suppliers of plant [Revoked]
Protective clothing and protective equipment
[Revoked]
68Duties of designers of protective clothing and protective equipment [Revoked]
69Duties of manufacturers and suppliers of protective clothing and protective equipment [Revoked]
Part 8
Offences
[Revoked]
70Offences [Revoked]
Schedule 1
Protective devices or apparatus for woodworking or abrasive grinding machinery
Schedule 2
Fees for issue, renewal, and replacement of certificates of competence
Gazette Information
Reprint notes