Health and Safety at Work (General Risk and Workplace Management) Regulations 2016

Health monitoring

33 Duty to inform worker of health monitoring


A PCBU who is required by regulations to provide health monitoring to a worker must give the information specified in subclause (2) to—


a person who is likely to carry out work that involves a health hazard; and


a worker for the PCBU before the worker commences work that involves a health hazard.


The information is—


that the PCBU has a duty to carry out health monitoring; and


the health hazard that triggered the requirements for the health monitoring; and


the nature of the health monitoring and how it will be carried out; and


the information that will be provided to the occupational health practitioner; and


that the PCBU has a duty to obtain a health monitoring report from the occupational health practitioner and the content of that report; and


that the PCBU has a duty to notify the regulator and other relevant PCBUs; and


the circumstances under which health monitoring reports will be retained, stored, and shared; and


the purposes of the health monitoring, which are—


to assist the PCBU to reduce the risk of exposure to health hazards in the workplace; and


to enable the PCBU and other PCBUs in the workplace to take remedial action within the workplace; and


to facilitate the treatment and protection of workers who have been exposed to health hazards; and


to inform the regulator, as required by regulation 41, when test results indicate that a worker may have contracted a disease or an illness or suffered an injury as a result of carrying out the work that triggered the requirement for health monitoring to enable the regulator to carry out its functions under the Act and the WorkSafe New Zealand Act 2013.


A PCBU who contravenes subclause (1) commits an offence and is liable on conviction,—


for an individual, to a fine not exceeding $6,000:


for any other person, to a fine not exceeding $30,000.

Compare: Model Work Health and Safety Regulations (Aust) r 369