Health and Safety at Work (Asbestos) Regulations 2016

Search within this secondary legislation

Reprint as at 12 April 2019

Health and Safety at Work (Asbestos) Regulations 2016

(LI 2016/15)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 15th day of February 2016

Present:
His 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.

These regulations are made under sections 24(1)(m), 211, and 218 of the Health and Safety at Work Act 2015—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Workplace Relations and Safety after complying with sections 217 and 219 of that Act.

1	Title
2	Commencement
	Part 1 Preliminary provisions and declaration of notifiable incident
	Subpart 1—Preliminary provisions
3	Interpretation
4	Airborne contamination standard for asbestos
5	Transitional, savings, and related provisions
	Subpart 2—Declaration of notifiable incident
6	Declaration of notifiable incident
	Part 2 Work involving asbestos
	Subpart 1—Conduct and general duties
7	Prohibition on carrying out, directing, or allowing work involving asbestos or ACM
8	WorkSafe may approve method for managing risk associated with asbestos
9	Duty relating to exposure to airborne asbestos at workplace
	Subpart 2—Management of asbestos risks
10	Duty to ensure asbestos identified at workplace
11	Duty to analyse samples
12	Duty to ensure presence and location of asbestos indicated
13	Duty to prepare asbestos management plan
14	Duty to review asbestos management plan
	Subpart 3—Health monitoring, training, and use of equipment
15	Duty to provide health monitoring
16	Duty to ensure that appropriate health monitoring is provided
17	Duty to train workers about asbestos
18	Duty to limit use of equipment on asbestos or ACM
	Subpart 4—Demolition and refurbishment of structures and plant
19	Application of this subpart
20	Determining presence of asbestos or ACM
21	Duty to identify and remove asbestos before demolition of structure or plant
22	Duty to identify and remove asbestos before demolition of home
23	Emergency procedure: workplace
24	Emergency procedure: homes
25	Duty to identify and remove asbestos before refurbishment of structure or plant
26	Duty to identify and remove asbestos before refurbishment of home
	Part 3 Asbestos removal
27	Duty to ensure asbestos removalist is licensed
28	Duty to ensure nominated asbestos removal supervisor is present or readily available
29	Duty to ensure asbestos removal worker is trained and receives appropriate instruction
30	Duty of licensed asbestos removalist to keep training record
31	Duty to give information about health risks of licensed asbestos removal work
32	Duty to prepare asbestos removal control plan
33	Asbestos removal control plan to be kept and available
34	Duty to notify WorkSafe of asbestos removal
35	Duty of licensed asbestos removalist to inform certain persons about intended asbestos removal work
36	Duty of PCBU to inform certain persons about intended asbestos removal work
37	Signage and barriers for asbestos removal work
38	Duty to limit access to asbestos removal area
39	Duty to make decontamination facilities available
40	Duties relating to disposal of asbestos waste and contaminated personal protective equipment
41	Clearance inspection
42	Clearance certificates
	Part 4 Class A licences and related air monitoring requirements
43	Air monitoring for Class A asbestos removal work
44	Duties relating to respirable asbestos fibre levels exceeding trace level
45	Action if respirable asbestos fibre level too high
46	Duties relating to removal of friable asbestos
	Part 5 Asbestos-related work
47	Application of Part 5
48	Uncertainty as to presence of asbestos
49	Duty to give information about health risks of asbestos-related work
50	Duty to ensure asbestos-related work area separated from other work areas
51	Duty to carry out air monitoring
52	Duty to make decontamination facilities available
53	Duties relating to disposal of asbestos waste and contaminated personal protective equipment
	Part 6 Licensing of asbestos removalists and asbestos assessors
	Subpart 1—Requirement to be licensed
	Asbestos removalists
54	Requirement to hold Class A asbestos removal licence
55	Exception to requirement to hold Class A asbestos removal licence
56	Requirement to hold Class B asbestos removal licence
	Asbestos assessors
57	Requirement to hold asbestos assessor licence
	Subpart 2—Licensing process
58	Who may apply for licence
59	Application for asbestos removal licence or asbestos assessor licence
60	Class A asbestos removal licence: content of application
61	Class B asbestos removal licence: content of application
62	Asbestos assessor licence: content of application
63	WorkSafe may request additional information
64	Decision on application
65	Class A asbestos removal licence: WorkSafe to be satisfied about additional matters
66	Class B asbestos removal licence: WorkSafe to be satisfied about additional matters
67	Criteria for considering licence application
68	Refusal to grant licence: process
69	WorkSafe may impose conditions on licence
70	Duration of licence
71	Licence document
72	Licence document to be available
	Subpart 3—Alteration of licence and related matters
73	Changes to information
74	Change to nominated supervisor
75	Amendment imposed by WorkSafe
76	Amendment on application by licence holder
77	Minor corrections to licence
78	WorkSafe to give amended licence document to holder
79	Licence holder to return previous licence document
80	Replacement licence document
81	Voluntary surrender of licence
	Subpart 4—Renewal of licence
82	WorkSafe may renew licence
83	Provisions relating to renewal of licence
84	Criteria for renewal of asbestos removal licence
85	Status of licence during review or appeal
	Subpart 5—Suspension and cancellation of licence
86	Suspension or cancellation of licence
87	Matters to be taken into account in considering suspension or cancellation of licence
88	Notice to and submissions by licence holder
89	Notice of decision
90	Immediate suspension
91	Licence holder to return licence document
92	WorkSafe to return licence document after suspension
	Subpart 6—Review of decisions
93	Which decisions under these regulations are reviewable
94	How to apply for review
95	WorkSafe must acknowledge receipt of review application
96	Review decisions
97	Appeal to District Court
	Part 7 Miscellaneous provisions
	Registers
98	Register of asbestos removalists
99	Register of asbestos assessors
	Revocation
100	Revocation
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Licence fees
	Gazette Information
	Reprint notes

New Zealand Legislation

List of access keys

Quick search

My recent searches

Health and Safety at Work (Asbestos) Regulations 2016

Health and Safety at Work (Asbestos) Regulations 2016

Order in Council

Note

(a)

(b)

Contents