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.
19 Application of regulation 20

(1)

Subject to subclauses (2) to (6), regulation 20 applies to every self-propelled mobile mechanical plant—

(a)

upon which any employee rides at a workplace under the control of an employer; and

(b)

that is provided by that employer.

(2)

Regulation 20 does not apply to the following:

(a)

any agricultural harvester:

(b)

any bus:

(c)

any car:

(d)

any crane:

(e)

any drag line:

(f)

any fork-lift with a telescopic boom:

(g)

any log hauler:

(h)

any paving machinery:

(i)

any power operated elevated work platform:

(j)

any tractor used in agricultural work:

(k)

any truck:

(l)

any van:

(m)

any machinery that has a mass of 700 kilograms or less:

(n)

any machinery used in an alluvial mining operation, a mining operation, or a quarrying operation.

(3)

Regulation 20 does not apply to any self-propelled mobile mechanical plant that has been designed to be used on level ground at all times, if the employer has, so far as is reasonably practicable, taken steps to ensure that every employee at every workplace under the control of that employer so uses the self-propelled mobile mechanical plant.

(4)

WorkSafe may, by certificate in writing, subject to such conditions, if any, as may be specified in the certificate, exempt from any or all of the provisions of regulation 20—

(a)

any particular kind of machinery; or

(b)

any machinery or kind of machinery when used in any particular work or in any particular kind of work,—

if satisfied that, having regard to any conditions imposed, the provision or provisions in respect of which the exemption is granted are not reasonably practicable or are not reasonably necessary for the protection of employees using the machinery or, as the case may require, carrying out the work.

(5)

WorkSafe may at any time cancel a certificate by which an exemption is granted under subclause (4), if satisfied that it is proper to do so.

(6)

Where WorkSafe cancels a certificate under subclause (5), WorkSafe shall—

(a)

determine a date, being a date allowing a reasonable period after the date of the cancellation, after which the certificate shall cease to have effect:

(b)

where any such certificate has been issued to any particular person, notify that person of the date of the cancellation and the date after which the certificate shall cease to have effect:

(c)

where any such certificate has not been issued to any particular person, publish by way of a notice in the Gazette the date of the cancellation and the date after which the certificate shall cease to have effect.

Regulation 19(1)(a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 19(2)(n): replaced, on 16 December 2013, by regulation 235(6) of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).

Regulation 19(3): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 19(4): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 19(5): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 19(6): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).