Health and Safety at Work (Infringement Offences and Fees) Regulations 2016
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Reprint as at 1 December 2017
Health and Safety at Work (Infringement Offences and Fees) Regulations 2016
(LI 2016/30)
Jerry Mateparae, Governor-General
Order in Council
At Wellington this 22nd day of February 2016
Present:
The Right Hon John Key presiding 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 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 consulting persons and organisations in accordance with section 217(1) of that Act.
Regulations
1 Title
These regulations are the Health and Safety at Work (Infringement Offences and Fees) Regulations 2016.
2 Commencement
These regulations come into force on 4 April 2016.
3 Interpretation
(1)
In these regulations,—
Act means the Health and Safety at Work Act 2015
entity means a person that is not an individual.
(2)
The descriptions given in the second column of Schedule 1 are intended only as an indication of the provisions they describe and are not intended to be used in the interpretation of the provisions.
4 Infringement offences and fees
(1)
A breach of a provision specified in the first column of Schedule 1 is an infringement offence.
(2)
The infringement fee for an offence referred to in subclause (1) is the infringement fee specified,—
(a)
in the case of an individual, in the third column of Schedule 1:
(b)
in the case of an entity, in the fourth column of Schedule 1.
5 Infringement notices
Every infringement notice in respect of an infringement offence against a provision specified in the first column of Schedule 1 must be in the form set out in Schedule 2.
Schedule 1 Infringement offences and fees
Health and Safety at Work Act 2015
| Section | Description of offence | Fee ($) | ||||
|---|---|---|---|---|---|---|
| Individual | Entity | |||||
| 27(1) | Imposing a levy or charge on a worker in relation to health and safety | 1,000 | 6,000 | |||
| 57(1) | Failing to keep record of notifiable event | 300 | 1,500 | |||
| 76(1) | Failing to display provisional improvement notice | 1,000 | 6,000 | |||
| 117(1) | Failing to display improvement, prohibition, or non-disturbance notice | 1,000 | 6,000 | |||
| Schedule 2, clause 10(2) | Failing to adopt, or to explain why not adopting, health and safety representative’s recommendation | 1,000 | 6,000 | |||
| Schedule 2, clause 21(2) | Failing to adopt, or to explain why not adopting, health and safety committee’s recommendation | 1,000 | 6,000 | |||
Health and Safety at Work (Asbestos) Regulations 2016
| Regulation | Description of offence | Fee ($) | ||||
|---|---|---|---|---|---|---|
| Individual | Entity | |||||
| 11(2) | Failing to have sample analysed by accredited laboratory | 1,000 | 6,000 | |||
| 13(5) | Failing to make copy of asbestos management plan readily accessible | 1,000 | 6,000 | |||
| 14(1) | Failing to review and revise asbestos management plan | 1,000 | 6,000 | |||
| 17(3) | Failing to keep record of training of worker in identification and safe handling of asbestos | 300 | 1,500 | |||
| 17(4) | Failing to keep record of asbestos training available for inspection | 300 | 1,500 | |||
| 18(1) | Using high-pressure water spray or compressed air on asbestos or ACM | 2,000 | 9,000 | |||
| 18(3) | Uncontrolled use of equipment on asbestos or ACM | 2,000 | 9,000 | |||
| 20(5) | Failing to inform if asbestos or ACM is fixed to or installed in structure or plant that is to be refurbished or demolished | 1,000 | 6,000 | |||
| 23(3) | Failing to notify WorkSafe before commencing emergency demolition of structure or plant with asbestos | 1,000 | 6,000 | |||
| 24(3) | Failing to notify WorkSafe before commencing emergency demolition of structure or plant at home with asbestos | 1,000 | 6,000 | |||
| 30(1) | Licensed asbestos removalist failing to keep training record of workers | 300 | 1,500 | |||
| 30(2) | Licensed asbestos removalist failing to make training record readily accessible | 300 | 1,500 | |||
| 32(3) | Licensed asbestos removalist failing to give copy of asbestos removal control plan to person commissioning licensed asbestos removal work | 1,000 | 6,000 | |||
| 33(1) | Licensed asbestos removalist failing to keep copy of asbestos removal control plan for 2 years after work is completed | 300 | 1,500 | |||
| 33(2) | Licensed asbestos removalist failing to keep asbestos removal control plan for 5 years if notifiable incident occurs | 300 | 1,500 | |||
| 33(3) | Licensed asbestos removalist failing to keep asbestos removal control plan readily accessible and available for inspection | 300 | 1,500 | |||
| 34(1) | Failing to give written notice at least 5 days before commencing licensed asbestos removal work | 1,000 | 6,000 | |||
| 34(3) | Failing to give notice by telephone and in writing if asbestos must be removed immediately | 1,000 | 6,000 | |||
| 51(3) | Failing to make information about exposure to asbestos fibres readily accessible | 1,000 | 6,000 | |||
| 72(1) | Failing to keep licence document available for inspection | 300 | 1,500 | |||
| 73(1) | Failing to give written notice to WorkSafe of change in information relating to asbestos removal licence or asbestos assessor licence | 300 | 1,500 | |||
| 74(1) | Failing to notify WorkSafe of change in nominated supervisor | 300 | 1,500 | |||
| 79(2) | Failing to return asbestos removal licence or asbestos assessor licence | 300 | 1,500 | |||
| 80(1) | Failing to notify WorkSafe of loss, theft, or destruction of asbestos removal licence or asbestos assessor licence | 300 | 1,500 | |||
| 91(1) | Failing to return licence when requested | 300 | 1,500 | |||
Health and Safety at Work (General Risk and Workplace Management) Regulations 2016
| Regulation | Description of offence | Fee ($) | ||||
|---|---|---|---|---|---|---|
| Individual | Entity | |||||
| 18(2) | Worker failing to wear or use personal protective equipment | 500 | – | |||
| 20(1) | Person (other than worker) failing to wear or use personal protective equipment | 500 | – | |||
| 32(2) | Failing to record and keep results of exposure monitoring | 300 | 1,500 | |||
| 36(1) | Failing to pay all expenses relating to health monitoring of a worker | 1,000 | 6,000 | |||
| 37(1) | Failing to provide information to occupational health practitioner | 1,000 | 6,000 | |||
| 41(1) | Failing to provide health monitoring report to regulator | 1,000 | 6,000 | |||
| 42(1) | Failing to keep health monitoring records | 300 | 1,500 | |||
Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016
| Regulation | Description of offence | Fee ($) | ||||
|---|---|---|---|---|---|---|
| Individual | Entity | |||||
| 20(1) | Failing to have an up-to-date list of health and safety representatives readily accessible to workers | 300 | 1,500 | |||
Health and Safety at Work (Hazardous Substances) Regulations 2017
| Regulation | Description of offence | Fee ($) | ||||
|---|---|---|---|---|---|---|
| Individual | Entity | |||||
| 2.4(1) | Failing to label stationary tank or process container | 1,000 | 6,000 | |||
| 2.4(2) | Failing to make information available near tank wagon or transportable container | 1,000 | 6,000 | |||
| 2.5(2) | Failing to display hazardous substance signage | 300 | 1,500 | |||
| 2.11(3) | Failing to ensure safety data sheet is readily accessible to workers and emergency service workers | 300 | 1,500 | |||
| 3.1(1) | Failing to keep and maintain inventory of hazardous substances at workplace | 300 | 1,500 | |||
| 4.5(5) | Failing to keep record of training and instruction | 300 | 1,500 | |||
| 5.12(4) | Failing to make record of emergency response plan test | 300 | 1,500 | |||
| 5.12(5) | Failing to keep record of emergency response plan test for 2 years | 300 | 1,500 | |||
| 9.3(1) | Failing to ensure class 1 substance is under control of certified handler | 1,000 | 6,000 | |||
| 9.5(1) | Possessing specified class 1 substance without controlled substance licence | 500 | – | |||
| 9.6(1) | Possessing smokeless powder or certain other propellants without firearms licence, firearms dealer’s licence, or controlled substance licence | 500 | – | |||
| 9.35(6)(a) | Failing to notify WorkSafe of incident at outdoor pyrotechnic display | 1,000 | 6,000 | |||
| 9.35(6)(b) | Failing to maintain record of incident at outdoor pyrotechnic display | 300 | 1,500 | |||
| 11.43(2) | Failing to verify hazardous substance location has current compliance certificate or valid compliance plaque before delivering LPG, propane, butane, or isobutane to location | 1,000 | 6,000 | |||
| 13.3(1) | Failing to keep record of application of specified class 6 or 8 substance in specified place | 300 | 1,500 | |||
| 13.3(2) | Failing to keep record of application of specified insecticide in specified place | 300 | 1,500 | |||
| 13.5(1) | Failing to provide WorkSafe with specified information if sodium fluoroacetate is present in workplace | 1,000 | 6,000 | |||
| 13.9(1) | Failing to ensure that specified class 6 substance is under control of certified handler or secured from access | 1,000 | 6,000 | |||
| 13.12(2) | Possessing specified class 6 substance without controlled substance licence | 500 | – | |||
| 13.13(3) | Failing to ensure that no person purchases or acquires specified class 6 substance from PCBU without controlled substance licence | 1,000 | 6,000 | |||
| 13.19(2) | Failing to erect signage when vertebrate toxic agent used outdoors | 1,000 | 6,000 | |||
| 13.19(6) | Failing to ensure signage remains in place for specified period | 1,000 | 6,000 | |||
| 13.25(2) | Failing to erect signage when specified pesticides used indoors | 1,000 | 6,000 | |||
| 13.25(4) | Failing to remove signage within specified period | 1,000 | 6,000 | |||
| 14.6(1) | Possessing fumigant without controlled substance licence | 500 | – | |||
| 14.7(1) | Failing to give notice of intended fumigation | 1,000 | 6,000 | |||
| 14.7(2) | Failing to give notice of intended fumigation | 1,000 | 6,000 | |||
| 14.10 | Failing to erect signs for fumigation | 1,000 | 6,000 | |||
| 14.18 | Failing to keep record of application of fumigant | 300 | 1,500 | |||
| 15.44(1) | Tampering with markings on cylinder, cylinder fitting, or fire extinguisher | 1,000 | 6,000 | |||
| 15.56(1) | Failing to ensure cylinder not charged unless it has passed specified inspections and tests | 1,000 | 6,000 | |||
| 15.57(1)(a) | Failing to keep cylinder testing records | 300 | 1,500 | |||
| 15.65 | Carrying out duty of approved filler without holding approved filler certificate | 500 | – | |||
| 16.5 | Failing to ensure markings attached to tank or tank sub-frame | 1,000 | 6,000 | |||
| 16.39(2) | Worker filling tank or tank compartment beyond maximum filling level | 500 | – | |||
| 16.40(1) | Worker failing to observe requirements for transfer of liquid or gas to or from tank wagon | 500 | – | |||
| 16.41(1) | Worker failing to observe requirements for leaving tank wagon unattended | 500 | – | |||
| 17.76(1) | Failing to ensure markings attached to stationary tank | 1,000 | 6,000 | |||
| 17.78(2) | Failing to ensure markings on pipework connected to above ground stationary tank | 1,000 | 6,000 | |||
| 18.6(1) | Failing to keep record of specified hazardous substances | 300 | 1,500 | |||
| 18.6(2) | Failing to keep record of specified hazardous substances for 12 months | 300 | 1,500 | |||
| 18.7(1) | Failing to provide WorkSafe with prescribed information where sodium fluoroacetate present in laboratory | 1,000 | 6,000 | |||
| 18.9(3) | Failing to ensure sodium fluoroacetate is secured | 1,000 | 6,000 | |||
| 19.4(1) | Failing to record location and movement of tracked substance | 300 | 1,500 | |||
| 19.4(2) | Failing to ensure record includes specified information | 300 | 1,500 | |||
Schedule 1: amended, on 1 December 2017, by regulation 4 of the Health and Safety at Work (Infringement Offences and Fees) Amendment Regulations 2017 (LI 2017/132).
Schedule 2 Form of infringement notice
Infringement notice
Infringement Notice No:
Issuing officer: [name or number]
Address for correspondence and queries:
To
Full legal name:
Full address:
Date of birth:
Sex:
Occupation:
Telephone No:
Alleged infringement offence(s) details
Date:
Time:
Day of week:
Details of premises or specific location where alleged infringement offence(s) committed:
Street/road:
Town/city:
Act or omission that you are alleged to have committed:
This is an offence against [specify provision].
For each offence, specify the following:
| Offence number | Offence | Infringement fee payable ($) |
| 1 | ||
| 2 | ||
| 3 |
Payment of infringement fee(s)
The infringement fee is/fees are* payable within 28 days after [specify earliest day notice delivered personally or posted].
| *Select one. |
Procedures for payment of infringement fee
[Payment verification stamp]
[Method(s) of payment and address for payment]
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
Payment
1
If you pay the infringement fee(s) within 28 days after the service of this notice, no further enforcement action will be taken against you.
Defence
2
You will have a complete defence against proceedings relating to an alleged offence if the infringement fee is paid to the enforcement authority and received at the address specified for payment within 28 days after the service of a reminder notice in respect of the alleged offence.
3
Late payment, or payment made to any other address, will not constitute a defence to proceedings in respect of the alleged offence.
Further action
4
You must write to the enforcement authority at the address specified for correspondence and queries if you wish to do any of the following things:
(a)
raise a matter concerning the circumstances of an alleged offence for consideration by the enforcement authority:
(b)
deny liability for the alleged offence and exercise your right to request a court hearing:
(c)
admit liability for the offence, but have the court consider submissions as to penalty or otherwise. In your letter, you must request a hearing, admit liability in respect of the offence, and set out the submissions that you would like the court to consider.
You must ensure that your request is received on or before the last day for payment.
5
If you deny liability and request a court hearing, the enforcement authority will, if it decides to commence court proceedings in respect of the alleged offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.
6
If you admit liability but wish to have the court consider submissions, the enforcement authority will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. You are not entitled to make oral submissions to the court.
7
If the court finds you guilty or if you admit liability and make submissions, costs will be imposed in addition to any penalty.
8
Each offence identified by a number is a separate infringement offence. You may decide what to do in respect of each alleged offence individually, and may act in the same way in respect of all alleged offences or in different ways in respect of different alleged offences.
9
If it is not clear which alleged offence any payment relates to, your payment may be treated as relating to the alleged offences in the order in which they are set out in this notice.
Next steps
10
If you do not request a hearing and you do not pay the infringement fee within 28 days after the service of this notice, a reminder notice will be sent to you. Please note that in some circumstances if you do not receive a reminder notice you may still become liable to pay a fine and court costs.
Note: All payments, queries, and correspondence regarding this infringement notice must be directed to the enforcement authority at the relevant address shown in this notice. When writing, please include the date of the alleged infringement offence, the number of this form (shown above), the full legal name of the notice recipient, and your address for replies.
Michael Webster,
Clerk of the Executive Council.
Date of notification in Gazette: 25 February 2016.
Reprints notes
1 General
This is a reprint of the Health and Safety at Work (Infringement Offences and Fees) Regulations 2016 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Health and Safety at Work (Infringement Offences and Fees) Amendment Regulations 2017 (LI 2017/132)
Versions
Health and Safety at Work (Infringement Offences and Fees) Regulations 2016
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