Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016

Part 2 Worker engagement, participation, and representation

Subpart 1—High-risk sectors or industries

5 High-risk sectors or industries for purposes of sections 62(4)(b) and 66(3)(b) of Act

(1)

For the purposes of sections 62(4)(b) and 66(3)(b) of the Act, the high-risk sectors or industries—

(a)

include a business or undertaking that is subject to any of the following regulations:

(i)

Health and Safety at Work (Adventure Activities) Regulations 2016:

(ii)

Health and Safety at Work (Major Hazard Facilities) Regulations 2016:

(iii)

Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016:

(iv)

Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016; and

(b)

include a business or undertaking that is subject to the Civil Aviation Rules Part 115; and

(c)

include a business or undertaking—

(i)

that is carrying out an activity for which a maritime document is required; and

(ii)

that would, but for regulation 4(2)(a) of the Health and Safety at Work (Adventure Activities) Regulations 2016, have been subject to those regulations; and

(d)

include a business or undertaking that is operating predominantly in a high-risk sector or industry specified in Schedule 2; but

(e)

exclude a business or undertaking that is carrying out work of a type or in a sector specified in the third column of Schedule 3 (Schedule 3 work) if—

(i)

the business or undertaking only carries out Schedule 3 work and no other type of work; or

(ii)

the Schedule 3 work carried out by the business or undertaking is in conjunction with any other type of work and the Schedule 3 work is predominant, relative to all other work carried out by that business or undertaking.

(2)

This regulation and Schedules 2 and 3 are subject to review, by the Minister, as follows:

(a)

a review must commence as soon as practicable after 4 April 2018 (the first review); and

(b)

another review must be completed within 5 years from the date of completion of the first review; and

(c)

subsequent reviews must be completed no less frequently than 5 years from the date of completion of the immediately preceding review.

(3)

However, nothing in subclause (2) prevents the Minister from reviewing this regulation and Schedules 2 and 3 at any other time.

(4)

In this regulation, maritime document has the same meaning as in section 2(1) of the Maritime Transport Act 1994.