Health and Safety at Work (Infringement Offences and Fees) Amendment Regulations 2017
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2017/132
Health and Safety at Work (Infringement Offences and Fees) Amendment Regulations 2017
Patsy Reddy, Governor-General
Order in Council
At Wellington this 26th day of June 2017
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 211 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 made 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) Amendment Regulations 2017.
2 Commencement
These regulations come into force on 1 December 2017.
3 Principal regulations
These regulations amend the Health and Safety at Work (Infringement Offences and Fees) Regulations 2016 (the principal regulations).
4 Schedule 1 amended
In Schedule 1, after the table relating to the Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016, insert the cross-heading and table set out in the Schedule of these regulations.
Schedule New cross-heading and table inserted in Schedule 1
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 | |||
Michael Webster,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 December 2017, are made under the Health and Safety at Work Act 2015 (the Act). These regulations amend the Health and Safety at Work (Infringement Offences and Fees) Regulations 2016 (the principal regulations).
Schedule 1 of the principal regulations specifies—
the offences against the Act and against other regulations made under the Act that are infringement offences; and
the infringement fees payable for the infringement offences.
These regulations amend Schedule 1 of the principal regulations to specify various offences under the Health and Safety at Work (Hazardous Substances) Regulations 2017 as infringement offences and to specify the infringement fees payable for those infringement offences.
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 30 September 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 29 June 2017.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
Versions
Health and Safety at Work (Infringement Offences and Fees) Amendment Regulations 2017
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