Health and Safety at Work (General Risk and … · (General Risk and Workplace Management)...

DRAFT FOR CONSULTATION

Health and Safety at Work(General Risk and WorkplaceManagement) Regulations 2015

Governor-General

Order in Council

At Wellington this day of 2015

Present:in Council

Pursuant to sections 221, 223, and 227 of the Health and Safety atWork Act 2015, His Excellency the Governor-General makes the fol-lowing regulations acting,—(a) on the advice and with the consent of the Executive Council;

and(b) on the recommendation of the Minister for Workplace Rela-

tions and Safety after complying with sections 226 and 228 ofthat Act.

ContentsPage

1 Title 42 Commencement 43 Interpretation 4

Consultation draft 1

Health and Safety at Work (General Risk andWorkplace Management) Regulations 2015

Part 1General requirements

Risk management process to be followed in specifiedcircumstances

4 Application of regulations 5 to 8 75 Duty to identify hazards 76 Hierarchy of control measures 77 Duty to maintain control measures 88 Duty to review control measures 8

Supervision, training, and instruction of workers

9 Duty to provide information, supervision, training, andinstruction

10

General workplace facilities

10 Duty in relation to general workplace facilities 1111 Duty in respect of unwell workers 1212 Duty to provide and maintain workplace facilities 1213 Duties in respect of facilities at certain places of work 1314 Facilities for managing risks associated with airborne

contaminants14

First aid

15 Duty to provide first aid 14

Emergency plans

16 Duty to prepare, maintain, and implement emergency plan 15

Personal protective equipment

17 Duty to provide personal protective equipment 1618 Worker may choose to provide personal protective

equipment17

19 Duties of worker relating to personal protective equipment 1720 Personal protective equipment used by other persons 1821 Duty of other persons to use or wear personal protective

equipment18

Part 2Management of particular risks

Remote or isolated work

22 Duty of PCBU relating to remote or isolated work 19

Hazardous atmospheres

23 Managing risks associated with hazardous atmospheres 1924 Managing risks associated with ignition sources 19

2 Consultation draft

Health and Safety at Work (General Risk andWorkplace Management) Regulations 2015

Falling objects

25 Managing risks associated with falling objects 2026 Minimising risks associated with falling objects 20

Hazardous containers

27 Hazardous containers 21

Loose but enclosed materials

28 Loose but enclosed materials 21

Limited-attendance child-care centres

29 Limited-attendance child-care workers must be suitable 2230 Police vetting of workers at limited-attendance child-care

centres22

31 Police vet must be obtained before person hasunsupervised access to children

23

32 Procedures relating to Police vets of limited-attendancechild-care workers

23

Part 3Duties relating to young persons at workplace

33 Young persons at workplace 2434 Young person must not perform injurious tasks 2435 Young person must not work at or with machinery 2536 Young person must not drive or ride upon tractor or

self-propelled mobile mechanical plant25

37 Young person must not carry out night work 26

Part 4Duties relating to monitoring

Exposure monitoring

38 Ensuring exposure standards for substances hazardous tohealth not exceeded

26

39 General duty to monitor exposure of workers to substanceshazardous to health

27

Health monitoring of workers

40 Duty to provide health monitoring 2841 Duty to inform worker of health monitoring 2842 Duty to ensure appropriate health monitoring is provided 3043 Duty to ensure health monitoring is supervised 3044 Duty to pay costs of health monitoring 3045 Information that must be provided to occupational health

professional31


r 1Health and Safety at Work (General Risk andWorkplace Management) Regulations 2015

46 Duty to obtain health monitoring report 3147 Duty to give health monitoring report to worker 3248 Duty to give health monitoring report to relevant PCBUs 3249 Duty to give health monitoring report to regulator 3250 Health monitoring records 33

Part 5Consequential amendments

51 Consequential amendments to Health and Safety inEmployment Regulations 1995

34

52 Regulation 5 amended (Duties in respect of facilities atcertain places of work)

34

53 Regulation 6 revoked (Duty in respect of indisposedemployees)

34

54 Regulations 14 and 15 revoked 3455 Parts 5 to 7 revoked 34

Regulations1 Title

These regulations are the Health and Safety at Work (GeneralRisk and Workplace Management) Regulations 2015.

2 CommencementThese regulations come into force on [date].

3 Interpretation(1) In these regulations, unless the context otherwise requires,—

Act means the Health and Safety at Work Act 2015administrative control—(a) means a method of work, process, or procedure de-

signed to minimise risk; but(b) does not include—

(i) an engineering control; or(ii) the use of personal protective equipment

contaminant means any substance that may be harmful tohealth or safetycontrol measure, in relation to a risk to health and safety,means a measure to eliminate or minimise the risk


Health and Safety at Work (General Risk andWorkplace Management) Regulations 2015 r 3

engineering control—(a) means a control measure that is physical in nature; and(b) includes a mechanical device or processhazardous atmosphere means an atmosphere where—(a) the atmosphere does not have a safe oxygen level; or(b) the concentration of oxygen in the atmosphere increases

the fire risk; or(c) the concentration of flammable gas, vapour, mist, or

fumes exceeds 5% of the lower explosive limit for thegas, vapour, mist, or fumes; or

(d) combustible dust is present in a quality and form thatwould result in a hazardous area

hazardous container—(a) means any enclosure, fixed vessel, pit, structure, sump,

vat, or other container of a similar kind—(i) that contains any liquid; and(ii) the edge of which is not less than 1 metre above

the adjoining floor, ground, or platform; but(b) does not include any drinking trough for animals or

any system of water collection, disposal, distribution,or storage

health monitoring, in relation to a person, means monitoringthe person to identify changes in the person’s health status be-cause of exposure to certain substancesignition source means a source of energy capable of ignitingflammable or combustible substanceslimited-attendance child-care centre means any premisesused regularly for the care of 3 or more children (not beingchildren of the persons providing the care, or children enrolledat a school being provided with care before or after school)under the age of 6, none of whom attends for any period ex-ceeding 2 hours per day, in circumstances where the children’sparents or caregivers—(a) are in close proximity to the children and are able to be

contacted; and(b) are able to resume responsibility for children at short

notice


r 3Health and Safety at Work (General Risk andWorkplace Management) Regulations 2015

lower explosive limit, in relation to a flammable gas, vapour,or mist, means the concentration of the gas, vapour, or mist inair below which the propagation of a flame would not occuron contact with an ignition sourcemixture means a combination of, or a solution composed of,2 or more substances that do not react to each otheroccupational health professional means a registered medicalpractitioner, a nurse practitioner, a registered nurse, or an oc-cupational hygienist with experience in health monitoringremote or isolated work, in relation to a worker, means workthat is isolated from the assistance of other persons because oflocation, time, or the nature of the worksubstance—(a) means a chemical element or compound in its natural

state or obtained or generated by a process; and(b) includes any additive necessary to preserve the stability

of the element or compound and any impurities derivingfrom the process; but

(c) does not include any solvent that may be separated with-out affecting the stability of the element or compound,or changing its composition

substances hazardous to health—(a) means any substance, or product containing a sub-

stance, to be used, handled, generated, stored, orproduced in a workplace that is known or suspected tocause harm to health; and

(b) includes—(i) a substance classified as having toxic or corrosive

properties under the Hazardous Substances andNew Organisms Act 1996:

(ii) a substance for which an exposure standard isprescribed in regulations made under the Act:

(iii) a substance for which WorkSafe has prescribedan exposure standard in a safe work instrumentmade under section 234 of the Act.


Health and Safety at Work (General Risk andWorkplace Management) Regulations 2015 Part 1 r 6

(2) Terms or expressions used and not defined in these regulationsbut defined in the Act have, in these regulations, the samemeaning as in the Act.

Part 1General requirements

Risk management process to be followed inspecified circumstances

4 Application of regulations 5 to 8(1) Regulations 5 to 8 apply when managing a particular risk to

health and safety, as specified in any regulations made underthe Act.

(2) In determining whether a PCBU has complied with the re-quirements of section 22 of the Act in respect of the particularrisk, a person or a court may have regard to the requirementsimposed by regulations 5 to 8.Compare: Model Work Health and Safety Regulations (Aust) r 33

5 Duty to identify hazardsA PCBU, in managing risks to health and safety, must identifyreasonably foreseeable hazards that could give rise to risks tohealth and safety.Compare: Model Work Health and Safety Regulations (Aust) r 34

6 Hierarchy of control measures(1) This regulation applies if it is not reasonably practicable for a

PCBU to eliminate risks to health and safety.(2) A PCBU must, to minimise risks to health and safety, imple-

ment risk-control measures in accordance with this regulation.(3) The PCBU must minimise risks to health and safety, so far as

is reasonably practicable, by doing 1 or more of the following:(a) substituting (wholly or partly) the hazard giving rise to

the risk with something that gives rise to a lesser risk:(b) isolating the hazard from any person exposed to it:(c) preventing any person from coming into contact with

the hazard:(d) implementing engineering controls.


Part 1 r 7Health and Safety at Work (General Risk andWorkplace Management) Regulations 2015

(4) If a risk then remains, the PCBU must minimise the remain-ing risk, so far as is reasonably practicable, by implementingadministrative controls.

(5) If a risk then remains, the PCBU must minimise the remainingrisk, so far as is reasonably practicable, by ensuring the provi-sion and use of suitable personal protective equipment.Compare: Model Work Health and Safety Regulations (Aust) r 36

7 Duty to maintain control measuresA PCBU who implements a control measure to eliminate orminimise risks to health and safety must ensure that the con-trol measure is effective, and is maintained so that it remainseffective, including by ensuring that the control measure is andcontinues to be—(a) fit for purpose; and(b) suitable for the nature and duration of the work; and(c) installed, set up, and used correctly.Compare: Model Work Health and Safety Regulations (Aust) r 37

8 Duty to review control measures(1) A PCBU must review and, as necessary, revise control meas-

ures implemented under these regulations so as to maintain,so far as is reasonably practicable, a work environment that iswithout risks to health and safety.

(2) Without limiting subclause (1), the PCBU must review and, asnecessary, revise a control measure in the following circum-stances:(a) the control measure does not control the risk it was im-

plemented to control so far as is reasonably practicable:

Examples

1 The results of monitoring show that the control measuredoes not control the risk.

2 A notifiable incident occurs because of the risk.

(b) before a change at the workplace that is likely to giverise to a new or different risk to health and safety thatthe measure may not effectively control:

(c) a new relevant hazard or risk is identified:



(d) if the PCBU obtains a health monitoring report underregulation 47 in relation to a worker that contains—(i) test results that indicate that the worker has been

exposed to a substance hazardous to health at aconcentration that may cause harm and has anelevated level of that substance or its metabolitesin his or her body; or

(ii) advice that test results indicate that the workermay have contracted a disease, injury, or illnessas a result of carrying out work using, handling,generating, or storing the substance hazardous tohealth that triggered the requirement for healthmonitoring; or

(iii) a recommendation that the PCBU take remed-ial measures, including whether the worker cancontinue to carry out the work using, handling,generating, or storing the substance hazardous tohealth:

(e) the results of engagement with workers undertaken bythe PCBU under the Act or these regulations indicatethat a review is necessary:

(f) a health and safety representative requests a reviewunder subclause (4).

(3) Without limiting subclause (2)(b), a change at the workplaceincludes—(a) a change to the workplace itself or any aspect of the

work environment; or(b) a change to a system of work, a process, or a procedure.

(4) A health and safety representative for workers at a workplacemay request a review of a control measure if the representativereasonably believes that—(a) a circumstance referred to in subclause (2)(a), (b), (c),

or (d) affects, or may affect, the health and safety ofa member of the work group represented by the healthand safety representative; and

(b) the PCBU has not adequately reviewed the controlmeasure in response to the circumstance.

Compare: Model Work Health and Safety Regulations (Aust) r 38



Supervision, training, and instruction ofworkers

9 Duty to provide information, supervision, training, andinstruction

(1) A PCBU must ensure, so far as is reasonably practicable, thatevery worker who does work of any kind, uses plant of anykind or deals with a substance of any kind that is capable ofcausing a risk in a workplace—(a) either—

(i) has such knowledge and experience of similarplaces, and work, plant, or substances of thatkind, as to ensure that the worker doing the work,using the plant, or dealing with the substance isnot likely to cause harm to the worker or otherpeople; or

(ii) is supervised by a person who has that knowledgeand experience; and

(b) is adequately trained in the safe use of—(i) all plant, objects, substances, or equipment that

the worker is or may be required to use or handle;and

(ii) all protective clothing that the worker is or maybe required to wear.

(2) In complying with subclause (1), the PCBU must ensure thatthe supervision and training provided to a worker are suitableand adequate, having regard to—(a) the nature of the work carried out by the worker; and(b) the nature of the risks associated with the work at the

time the supervision or training is provided; and(c) the control measures implemented in relation to the

work that the worker is undertaking.(3) The PCBU must ensure, so far as is reasonably practicable,

that the training is readily understandable by any person towhom it is provided.

(4) In this regulation, training includes the provision of informa-tion or instruction.

(5) A person who fails to comply with subclause (1), (2), or (3)commits an offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:



(b) for any other person, to a fine not exceeding [$y].Compare: 1992 No 96 s 13; Model Work Health and Safety Regulations (Aust)r 39

General workplace facilities

10 Duty in relation to general workplace facilities(1) A PCBU at a workplace must ensure, so far as is reasonably

practicable, that—(a) the layout of the workplace allows, and the workplace is

maintained so as to allow, persons to enter and exit theworkplace and to move within it without risks to healthand safety, both under normal working conditions andin an emergency:

(b) work areas have sufficient space for work to be carriedout without risks to health and safety:

(c) floors and other surfaces are designed, installed, andmaintained to allow work to be carried out without risksto health and safety:

(d) there is sufficient lighting to enable—(i) each worker to carry out work without risks to

health and safety; and(ii) persons to move within the workplace without

risks to health and safety; and(iii) safe evacuation in an emergency:

(e) there is sufficient ventilation to enable workers to carryout work without risks to health and safety:

(f) workers carrying out work in extremes of heat or coldare able to do so without risks to health and safety:

(g) work in relation to, or near, essential services does notgive rise to risks to the health and safety of persons atthe workplace.

(2) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: Model Work Health and Safety Regulations (Aust) r 40



11 Duty in respect of unwell workers(1) A PCBU with management or control of a workplace, must

ensure, so far as is reasonably practicable, that any worker atthat workplace who feels unwell may—(a) rest in facilities provided at the workplace, if the PCBU

decides that it is the appropriate course of action in thecircumstances; or

(b) leave the workplace, if the PCBU decides that it is theappropriate course of action in the circumstances.

(2) A PCBU must ensure, so far as is reasonably practicable,—(a) that any facilities provided under subclause (1)(a) are—

(i) suitable for the purpose for which they are to beused; and

(ii) provided in sufficient numbers; and(iii) maintained in good order and condition; and

(b) that all workers can access any of those facilities in away that is convenient to them.

(3) A person who fails to comply with subclause (1) or (2) com-mits an offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: SR 1995/167 r 6

12 Duty to provide and maintain workplace facilities(1) A PCBU at a workplace must ensure, so far as is reasonably

practicable, the provision of adequate facilities for workers,including—(a) toilets:(b) drinking water:(c) hand-washing facilities:(d) eating facilities.

(2) The PCBU must ensure, so far as is reasonably practicable,that the facilities provided under subclause (1) are maintainedso as to be—(a) in good working order; and(b) clean, safe, and accessible.

(3) In complying with subclauses (1) and (2), the PCBU must haveregard to all relevant matters, including—



(a) the nature of the work being carried out at the work-place:

(b) the nature of the hazards at the workplace:(c) the size, location, and nature of the workplace:(d) the number and composition of workers at the work-

place.(4) A person who fails to comply with subclause (1) or (2) com-

mits an offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: Model Work Health and Safety Regulations (Aust) r 41

13 Duties in respect of facilities at certain places of work(1) A PCBU must ensure that the following facilities are provided

for workers at a workplace under the control of the PCBU ifthe work is of such a nature that the facilities are required:(a) if the work is of such a nature that workers are reason-

ably likely to need facilities for washing the body, suchfacilities:

(b) if the work is of such a nature that workers’ clothingis reasonably likely to become contaminated or wet, aplace in which to change clothes:

(c) if the work is of such a nature that it is reasonably likelythat workers will bring to the workplace clothes that willnot be used at work, facilities for keeping such clothesclean and dry:

(d) if the work is of such a nature that it is reasonable forworkers to perform it while seated, facilities for sitting:

(e) if the work is of such a nature that it is not reasonable forworkers to perform it while seated, facilities for sittingthat enable employees to take any reasonable opportun-ity for rest that may occur in the course of the work:

(f) if the work is of such a nature that it is reasonablylikely that any floor will become wet, facilities that pre-vent workers from becoming wet, whether by way ofdrainage of the floor or otherwise.

(2) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:



(b) for any other person, to a fine not exceeding [$y].Compare: SR 1995/167 r 5(2)(a)–(f)

14 Facilities for managing risks associated with airbornecontaminants

(1) A PCBU with management or control of a workplace mustensure, so far as is reasonably practicable, that the followingfacilities are provided at the workplace:(a) facilities to enable any airborne contaminants to be con-

trolled as closely as possible to their source:(b) facilities for treating or carrying off any airborne con-

taminants for the purpose of minimising the likelihoodthat any airborne contaminants will be a cause or sourceof harm to any worker.

(2) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: SR 1995/167 r 4(2)(i), (j)

First aid

15 Duty to provide first aid(1) A PCBU at a workplace must ensure—

(a) that adequate first aid equipment is provided for theworkplace; and

(b) that each worker at the workplace has access to theequipment; and

(c) the workers have access to facilities for the administra-tion of first aid.

(2) A PCBU at a workplace must ensure that—(a) an adequate number of workers are trained to administer

first aid at the workplace; or(b) workers have access to an adequate number of other

persons who have been trained to administer first aid.(3) In complying with subclauses (1) and (2), the PCBU must have

regard to all relevant matters, including—(a) the nature of the work being carried out at the work-

place:



(b) the nature of the hazards at the workplace:(c) the size and location of the workplace:(d) the number and composition of workers and other per-

sons at the workplace.(4) A person who fails to comply with subclause (1) or (2) com-

mits an offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: Model Work Health and Safety Regulations (Aust) r 42

Emergency plans

16 Duty to prepare, maintain, and implement emergencyplan

(1) A PCBU at a workplace must ensure that an emergency planis prepared for the workplace.

(2) The emergency plan must—(a) provide emergency procedures, including—

(i) an effective response to an emergency; and(ii) evacuation procedures; and(iii) procedures for notifying emergency service or-

ganisations at the earliest opportunity; and(iv) medical treatment and assistance procedures; and(v) procedures to ensure effective communication

between the person authorised by the PCBUto co-ordinate the emergency response and allpersons at the workplace:

(b) provide for testing of the emergency procedures, includ-ing the frequency of testing:

(c) provide information, training, and instruction to rele-vant workers in relation to implementing the emergencyprocedures.

(3) A PCBU at a workplace must maintain the emergency plan forthe workplace so that it remains effective.

(4) In complying with subclauses (1) to (3), the PCBU must haveregard to all relevant matters, including—(a) the nature of the work being carried out at the work-

place:(b) the nature of the hazards at the workplace:



(c) the size and location of the workplace:(d) the number and composition of workers and other per-

sons at the workplace.(5) A PCBU at a workplace must implement the emergency plan

for the workplace in the event of an emergency.(6) A person who fails to comply with this regulation commits an

offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: Model Work Health and Safety Regulations (Aust) r 43

Personal protective equipment

17 Duty to provide personal protective equipment(1) This regulation applies if personal protective equipment is to

be used to minimise risks to health and safety.(2) The PCBU who directs the carrying out of work must provide

the personal protective equipment to workers at the workplaceunless the personal protective equipment has been provided byanother PCBU.

(3) The PCBU who directs the carrying out of work must ensurethat personal protective equipment provided under subclause(2) is—(a) selected to minimise risks to health and safety, including

by ensuring that the equipment is—(i) suitable, having regard to the nature of the work

and any hazard associated with the work; and(ii) a suitable size and fit and reasonably comfortable

for the worker who is to use or wear it; and(b) maintained, repaired, or replaced so that it continues to

minimise risk to the worker who uses it, including byensuring that the equipment is—(i) clean and hygienic; and(ii) in good working order; and

(c) used or worn by the worker, so far as is reasonably prac-ticable; and

(d) compatible with any other personal protective equip-ment that is required to be used or worn by the worker.



(4) The PCBU who directs the carrying out of work must, in ac-cordance with regulation 9, provide the worker with infor-mation about, and training and instruction in,—(a) the proper use and wearing of personal protective equip-

ment; and(b) the storage and maintenance of personal protective

equipment.(5) A person who fails to comply with this regulation commits an


18 Worker may choose to provide personal protectiveequipment

(1) A PCBU does not have to comply with regulation 17 if—(a) a worker genuinely and voluntarily chooses to provide

his or her own personal protective equipment for rea-sons of his or her comfort or convenience; and

(b) the PCBU is satisfied that the personal protective equip-ment is suitable in terms of regulation 17(3).

(2) A worker who has chosen to provide his or her own personalprotective equipment under subclause (1) may, after givingreasonable notice to the PCBU, choose that the PCBU providepersonal protective equipment under regulation 17 instead ofproviding it himself or herself.

(3) This regulation does not apply to the New Zealand DefenceForce or a member of the Armed Forces.Compare: 1992 No 96 s 10(4), (5)

19 Duties of worker relating to personal protectiveequipment

(1) This regulation applies to a worker who has been providedwith personal protective equipment by a PCBU under regu-lation 17 or who has chosen to provide his or her personalprotective equipment under regulation 18.



(2) The worker must use or wear the equipment in accordancewith any information, training, or reasonable instruction bythe PCBU.

(3) The worker must not intentionally misuse or damage theequipment.

(4) The worker must inform the PCBU of any damage to, defectin, or need to clean or decontaminate any of the equipment thatthe worker becomes aware of.

(5) A person who fails to comply with subclause (1) or (2) com-mits an offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$m]:(b) for any other person, to a fine not exceeding [$n].Compare: Model Work Health and Safety Regulations (Aust) r 46

20 Personal protective equipment used by other persons(1) The PCBU who directs the carrying out of work must ensure,

so far as is reasonably practicable, that—(a) personal protective equipment to be used or worn by

any person other than a worker at the workplace is cap-able of minimising risks to that person’s health andsafety; and

(b) the person uses or wears the equipment.(2) A person who fails to comply with subclause (1) commits an


21 Duty of other persons to use or wear personal protectiveequipment

(1) A person other than a worker must use or wear personal pro-tective equipment at a workplace in accordance with any in-formation, training, or reasonable instruction provided by thePCBU at the workplace.

(2) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$m]:



(b) for any other person, to a fine not exceeding [$n].Compare: Model Work Health and Safety Regulations (Aust) r 47

Part 2Management of particular risks

Remote or isolated work

22 Duty of PCBU relating to remote or isolated work(1) A PCBU must manage, in accordance with regulations 5 to

8, risks to the health and safety of a worker engaged by thePCBU associated with remote or isolated work.

(2) To minimise risks to the health and safety of a worker asso-ciated with remote or isolated work, a PCBU must provide asystem of work that includes effective communication with theworker.

(3) A person who fails to comply with subclause (1) or (2) com-mits an offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: Model Work Health and Safety Regulations (Aust) r 48

Hazardous atmospheres

23 Managing risks associated with hazardous atmospheres(1) A PCBU with management or control of a workplace must

manage, in accordance with regulations 5 to 8, risks associ-ated with a hazardous atmosphere at the workplace.

(2) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: Model Work Health and Safety Regulations (Aust) r 52(1)

24 Managing risks associated with ignition sources(1) A PCBU with management or control of a workplace must

manage, in accordance with regulations 5 to 8, risks tohealth and safety associated with an ignition source in ahazardous atmosphere at the workplace.



(2) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].

(3) This regulation does not apply if the ignition source is part ofa deliberate process or activity at the workplace.Compare: Model Work Health and Safety Regulations (Aust) r 52

Falling objects

25 Managing risks associated with falling objects(1) A PCBU with management or control of a workplace must

manage, in accordance with regulations 5 to 8, risks tohealth and safety associated with an object falling on a personif the falling object is reasonably likely to injure the person.

(2) A person who fails to comply with subclause (1) or (2) com-mits an offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: Model Work Health and Safety Regulations (Aust) r 54

26 Minimising risks associated with falling objects(1) This regulation applies if it is not reasonably practicable to

eliminate the risk referred to in regulation 25.(2) The PCBU with management or control of a workplace must

minimise the risk of an object falling on a person by providingadequate protection against the risk in accordance with thisregulation.

(3) The PCBU provides adequate protection against the risk if thePCBU provides and maintains a safe system of work, that in-cludes—(a) measures for preventing an object from falling freely,

so far as is reasonably practicable; or(b) if it is not reasonably practicable to prevent an object

from falling freely, providing, so far as is reasonablypracticable, a system to arrest the fall of a falling object.

(4) A person who fails to comply with subclause (2) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:



(b) for any other person, to a fine not exceeding [$y].Compare: Model Work Health and Safety Regulations (Aust) r 55

Hazardous containers

27 Hazardous containers(1) A PCBU with management or control of a workplace must

ensure, so far as is reasonably practicable, that, where there isa hazardous container at the workplace,—(a) the hazardous container is securely covered; or(b) the hazardous container is enclosed by a secure fence

that—(i) extends at least 1 metre above the adjoining floor,

ground, or platform; and(ii) is in a position that will provide adequate protec-

tion for any employee near the hazardous con-tainer.

(2) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: SR 1995/167 r 14

Loose but enclosed materials

28 Loose but enclosed materials(1) A PCBU with management or control of a workplace must

ensure, so far as is reasonably practicable, that where a workercould become trapped or engulfed by material, a safety belt orsafety harness is provided that is—(a) suitable for the purpose for which it is to be used; and(b) attached to a lifeline or other device; and(c) securely fastened at its extremity; and(d) attended by another worker who is competent,

equipped, and stationed to immediately rescue anyworker who becomes trapped or engulfed.

(2) In subclause (1), material means material—(a) that consists of or includes solid material in such a form

or state, or in pieces or particles so small, that it is cap-



able of subsiding or flowing in such a manner as to trapor engulf any person; and

(b) that is enclosed in a structure.(3) A person who fails to comply with subclause (1) commits an

offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: SR 1995/167 r 15

Limited-attendance child-care centres

29 Limited-attendance child-care workers must be suitable(1) A PCBU who operates a limited-attendance child-care cen-

tre must ensure, so far as is reasonably practicable, that everyworker employed or engaged to care for children at the centreis suitable for that role.

(2) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: 1992 No 96 s 13A

30 Police vetting of workers at limited-attendance child-carecentres

(1) A PCBU who operates a limited-attendance child-care centremust obtain a Police vet of every worker—(a) whom the PCBU employs or engages, or intends to em-

ploy or engage, in a position at the centre; and(b) who is to work at the centre during normal opening

hours; and(c) who is not a registered teacher or holder of a limited

authority to teach.(2) A person who fails to comply with subclause (1) commits an

offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: 1992 No 96 ss 13B, 13C



31 Police vet must be obtained before person hasunsupervised access to children

(1) A Police vet required under regulation 30 must be obtainedbefore the person has, or is likely to have, unsupervised accessto children at the centre during normal opening hours.

(2) A PCBU who is required under regulation 30 to obtain aPolice vet of a person must apply for the vet no later than 2weeks after the person begins work at the centre.

(3) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: 1992 No 96 s 13D

32 Procedures relating to Police vets of limited-attendancechild-care workers

(1) A PCBU who applies for a Police vet of a person under regu-lation 31—(a) must ensure that strict confidentiality is observed for the

Police vet; and(b) must not take adverse action in relation to a person who

is the subject of a Police vet until—(i) the person has validated the information con-

tained in the vet; or(ii) the person has been given a reasonable opportun-

ity to validate the information, but has failed todo so within a reasonable period.

(2) In subclause (1), adverse action has the same meaning as insection 97 of the Privacy Act 1993.

(3) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: 1992 No 96 s 13E



Part 3Duties relating to young persons at

workplace33 Young persons at workplace(1) A PCBU with management or control of a workplace must

ensure, so far as is reasonably practicable, that no person underthe age of 15 years is present in any area at the workplace atany time when—(a) goods are being prepared or manufactured in that area

for trade or sale:(b) construction work is being carried out in that area:(c) logging operation or tree-felling operation is being car-

ried out in that area:(d) any work is being carried out in that area that is likely

to cause harm to the health and safety of a person underthe age of 15 years:

(e) work is carried out in that area that involves the use ofhazardous substances.

(2) Subclause (1) does not apply to a person under the age of 15years who is at all times—(a) in any part of that area to which the public generally has

access; or(b) under the direct supervision of an adult in that area; or(c) on a guided tour of that area; or(d) in any part of that area that is used only for selling goods

or services.(3) A person who fails to comply with subclause (1) commits an

offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: SR 1995/167 r 59

34 Young person must not perform injurious tasks(1) A PCBU with management or control of a workplace must en-

sure, so far as is reasonably practicable, that no worker underthe age of 15 years is required to lift any weight or to performany task if lifting the weight or performing the task would belikely to be injurious to the worker’s health.



(2) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: SR 1995/167 rr 55, 58C

35 Young person must not work at or with machinery(1) A PCBU with management or control of a workplace must en-

sure, so far as is reasonably practicable, that no worker underthe age of 15 years—(a) works at or with any machinery at the workplace; or(b) assists with work at or with any machinery at the work-

place.(2) A person who fails to comply with subclause (1) commits an

offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: SR 1995/167 rr 56, 58D

36 Young person must not drive or ride upon tractor orself-propelled mobile mechanical plant

(1) A PCBU with management or control of a workplace must en-sure, so far as is reasonably practicable, that no worker underthe age of 15 years—(a) drives a vehicle; or(b) rides upon a vehicle while it is drawing an implement;

or(c) rides upon a vehicle while an implement is attached to

it; or(d) rides upon an implement (other than a sled or trailer

designed or adapted exclusively or principally for thecarriage of passengers or goods) drawn by or attachedto a vehicle.


(3) In subclause (1), vehicle means—(a) a tractor; and



(b) any self-propelled mobile mechanical plant, other than acar, a truck, a motorcycle, or machinery that has a massof 700 kg or less.

(4) Subclause (1) does not apply in relation to a worker over theage of 12 years who drives or rides upon a tractor if—(a) the tractor is being used in connection with agricultural

work; and(b) the worker—

(i) has been fully trained in the safe operation of thetractor and the safe use of any implement that isbeing drawn by or is attached to the tractor; or

(ii) is being trained in the safe operation of the tractoror the safe use of any implement that is beingdrawn by or is attached to the tractor.

Compare: SR 1995/167 rr 57, 58E, 60

37 Young person must not carry out night work(1) A PCBU must ensure, so far as is reasonably practicable, that

no worker under the age of 16 years who is employed or en-gaged by the PCBU works between the hours of 10 pm on anyday and 6 am on the next day.


(3) Subclause (1) does not apply if the worker’s work accordsin all respects with an approved code of practice relating tothe employment or engagement of persons under 16 years be-tween those hours in work of the kind the worker is doing.Compare: SR 1995/167 rr 58, 58F

Part 4Duties relating to monitoring

Exposure monitoring

38 Ensuring exposure standards for substances hazardous tohealth not exceeded

(1) A PCBU with management or control of a workplace must en-sure that no person at the workplace is exposed to a substance



hazardous to health in a concentration that exceeds the expos-ure standard for the substance.

(2) In subclause (1), exposure standard means a workplace ex-posure standard or biological exposure index prescribed inregulations or a safe work instrument that has the purpose ofprotecting persons in a workplace from the adverse effects ofa substance hazardous to health (or any element or compoundmaking up the substance).


39 General duty to monitor exposure of workers tosubstances hazardous to health

(1) A PCBU with management or control of a workplace mustmonitor the exposure of a worker to any substance hazardousto health for which—(a) an identifiable disease or health effect may be related to

the exposure; and(b) a risk remains after doing 1 or more of the steps referred

to in regulation 6(3).(2) The monitoring referred to in subclause (1) must be carried

out—(a) at appropriate intervals, and after any significant change

at the workplace that may affect exposure; and(b) by a competent person who has sufficient knowledge,

skills, and experience in the appropriate techniques andprocedures, including interpretation of results.

(3) The PCBU must ensure that the results of monitoring carriedout under subclause (1)—(a) are recorded and kept for—

(i) 40 years after the date on which the record ismade, if the monitoring is undertaken in order todetect asbestos, or it detects asbestos:

(ii) 30 years after the date on which the record ismade in any other case; and



(b) are readily accessible to any person at the workplacewho may be exposed to the substance.

(4) A record of monitoring results made available to any personat the workplace in accordance with subclause (3)(b) must notcontain any information that identifies, or discloses anythingabout, an individual worker.

(5) A person who fails to comply with this regulation commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: Model Health and Safety Regulations (Aust) r 50

Health monitoring of workers

40 Duty to provide health monitoring(1) A PCBU must ensure that health monitoring is provided to

a worker who may be exposed to a substance hazardous tohealth—(a) the exposure to which may be related to an identifiable

disease or health effect; and(b) where there is a reasonable likelihood that the disease

or health effect may occur under particular conditionsof work and there are valid techniques available for de-tecting indications of the disease or health effect; and

(c) there are valid techniques available for detecting indi-cations of the disease or effect.

(2) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: Model Work Health and Safety Regulations (Aust) r 368; Control ofSubstances Hazardous to Health Regulations 2002 (UK) r 11(2)(b)

41 Duty to inform worker of health monitoring(1) A PCBU who is required to provide health monitoring to a

worker must give the information referred to in subclause (2)about the health monitoring requirements to—



(a) a person who is likely to carry out work that involvesusing, handling, generating, or storing a substance haz-ardous to health; and

(b) a worker for the PCBU before the worker commenceswork that involves using, handling, generating, or stor-ing the substance hazardous to health.

(2) The information is—(a) the PCBU’s duty to carry out health monitoring; and(b) the nature of the health monitoring and how it will be

carried out; and(c) the information that will be provided to the occupational

health practitioner; and(d) the PCBU’s duty to obtain a health monitoring report

from the occupational health practitioner and the con-tent of that report; and

(e) the PCBU’s duty to notify WorkSafe and other relevantPCBUs; and

(f) the circumstances under which health monitoring re-ports will be retained and stored; and

(g) the purposes of the health monitoring, which are—(i) to facilitate the treatment and protection of em-

ployees who have been exposed to substanceshazardous to health; and

(ii) to enable the PCBU and other PCBUs in theworkplace to take remedial action within theworkplace; and

(iii) to assist the PCBU to reduce the risk of expos-ure to substances hazardous to health in the work-place; and

(iv) to inform WorkSafe when exposure to substanceshazardous to health has taken place and to enableit to carry out its functions under the Act and theWorkSafe New Zealand Act 2013.

(3) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$m]:(b) for any other person, to a fine not exceeding [$n].Compare: Model Work Health and Safety Regulations (Aust) r 369



42 Duty to ensure appropriate health monitoring is provided(1) A PCBU must ensure that health monitoring of a worker in-

cludes health monitoring of a type recommended by an occu-pational health professional.


43 Duty to ensure health monitoring is supervised(1) A PCBU must ensure that the health monitoring of a worker

is carried out by or under the supervision of an occupationalhealth professional with experience in health monitoring.

(2) The PCBU must consult the worker in relation to the selectionof the occupational health professional.


44 Duty to pay costs of health monitoring(1) A PCBU must pay all expenses relating to health monitoring

of a worker.(2) If 2 or more PCBUs have a duty to provide health monitoring

for a worker and have arranged for one of them to commis-sion the health monitoring, the costs of the health monitoringfor which any of those persons is liable must be apportionedequally between each of the PCBUs unless they agree other-wise.

(3) A person who fails to comply with subclause (1) commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$m]:(b) for any other person, to a fine not exceeding [$n].Compare: Model Work Health and Safety Regulations (Aust) r 372



45 Information that must be provided to occupational healthprofessional

(1) A PCBU who commissions health monitoring for a workermust provide the following information to the occupationalhealth professional carrying out or supervising the healthmonitoring:(a) the name and address of the PCBU; and(b) the name and date of birth of the worker; and(c) the work that the worker is, or will be, carrying out that

has triggered the requirement for health monitoring; and(d) if the worker has started that work, how long the worker

has been carrying out that work.(2) A person who fails to comply with subclause (1) commits an

offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$m]:(b) for any other person, to a fine not exceeding [$n].Compare: Model Work Health and Safety Regulations (Aust) r 373

46 Duty to obtain health monitoring report(1) A PCBU who commissions health monitoring of a worker

must, as soon as practicable after the monitoring is carried outin relation to a worker, take all reasonable steps to obtain ahealth monitoring report from the occupational health profes-sional who carried out or supervised the monitoring.

(2) The health monitoring report must include the following:(a) the name and date of birth of the worker; and(b) the name of the occupational health professional; and(c) the name and address of the PCBU who commissioned

the health monitoring; and(d) the date of the health monitoring; and(e) any test results that indicate whether the worker has

been exposed to a substance hazardous to health; and(f) any advice that test results indicate that the worker may

have contracted a disease, injury, or illness as a resultof carrying out the work that triggered the requirementfor health monitoring; and

(g) any recommendation that the PCBU take remedialmeasures, including a recommendation as to whetherthe worker is able to continue to carry out the type of



work that triggered the requirement for health monitor-ing.

(3) A person who fails to comply with this regulation commits anoffence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$x]:(b) for any other person, to a fine not exceeding [$y].Compare: Model Work Health and Safety Regulations (Aust) r 374

47 Duty to give health monitoring report to worker(1) A PCBU who commissioned health monitoring of a worker

must give a copy of the health monitoring report to the workeras soon as practicable after the PCBU obtains the report.


48 Duty to give health monitoring report to relevant PCBUsThe PCBU who commissioned health monitoring for a workermust give a copy of the health monitoring report to all otherPCBUs who have a duty to provide health monitoring for theworker as soon as practicable after obtaining the report.Compare: Model Work Health and Safety Regulations (Aust) r 377

49 Duty to give health monitoring report to regulator(1) A PCBU for whom a worker is carrying out work for which

health monitoring is required must give a copy of the healthmonitoring report relating to a worker to the regulator as soonas practicable after obtaining the report if the report contains—(a) any advice that test results indicate that the worker may

have contracted a disease, injury, or illness as a result ofcarrying out work that involves using, handling, gener-ating, or storing substances hazardous to health and thattriggered the requirement for health monitoring; or

(b) any recommendation that the PCBU take remedialmeasures, including a recommendation as to whetherthe worker is able to continue to carry out work thatinvolves using, handling, generating, or storing sub-



stances hazardous to health and that triggered therequirement for health monitoring.


50 Health monitoring records(1) A PCBU must ensure that health monitoring reports in relation

to a worker carrying out work for the business or undertakingare kept as a confidential record—(a) that is identified as a record in relation to the worker;

and(b) is recorded and kept for—

(i) 40 years after the date on which the record ismade, if the monitoring is undertaken in order todetect asbestos, or it detects asbestos:

(ii) 30 years after the date on which the record ismade, in any other case; and

(2) A PCBU must provide workers with a copy of their healthmonitoring report—(a) when a worker leaves the business or undertaking; and(b) if the business or undertaking ceases trading.

(3) The PCBU must ensure that the health monitoring report andresults of a worker are not disclosed to another person withoutthe worker’s written consent.

(4) Subclause (3) does not apply if the record is disclosed—(a) under regulation 48 or 49; or(b) to a person who must keep the record confidential under

a duty of professional confidentiality.(5) A person who fails to comply with subclause (1), (2), or (3)

commits an offence and is liable on conviction,—(a) for an individual, to a fine not exceeding [$a]:(b) for any other person, to a fine not exceeding [$b].Compare: Model Work Health and Safety Regulations (Aust) r 378



Part 5Consequential amendments

51 Consequential amendments to Health and Safety inEmployment Regulations 1995This Part amends the Health and Safety in Employment Regu-lations 1995.

52 Regulation 5 amended (Duties in respect of facilities atcertain places of work)Revoke regulation 5.

53 Regulation 6 revoked (Duty in respect of indisposedemployees)Revoke regulation 6.

54 Regulations 14 and 15 revokedRevoke regulations 14 and 15.

55 Parts 5 to 7 revokedRevoke Parts 5 to 7.

Clerk of the Executive Council.

Explanatory noteThis note is not part of the regulations, but is intended to indicatetheir general effect.These regulations, which come into force on [date], are made underthe Health and Safety at Work Act 2015 (the Act).Part 2 of the Act imposes general duties on persons conducting abusiness or undertaking (PCBUs) to ensure, so far as is reasonablypracticable, that the workplace is without risks to the health andsafety of any person. The effect of these regulations, which are basedon corresponding provisions in the Model Work Health and SafetyRegulations (Aust), the Health and Safety in Employment Regula-


Health and Safety at Work (General Risk andWorkplace Management) Regulations 2015 Explanatory note

tions 1995 (the 1995 regulations) and the Health and Safety in Em-ployment Act 1992 (the former Act) is to impose additional dutieson PCBUs with the management or control of a workplace to ensure,so far as is reasonably practicable, health and safety in the workplace.Part 1 (regulations 4 to 21) sets out general requirements relatingto the management of risks to health and safety in the workplace,including—• imposing a duty on PCBUs to identify hazards in the work-

place that could give rise to risks to health and safety (regula-tion 5):

• setting out a hierarchy of control measures that a PCBU mustimplement where it is not reasonably practicable to eliminaterisks to health and safety (regulation 6):

• imposing a duty on PCBUs to maintain and review the controlmeasures to ensure that they are, and remain, fit for purpose,suitable for the nature and duration of the work, and installed,set up, and used correctly (regulations 7 and 8):

• imposing a duty on PCBUs to provide information, supervi-sion, training, and instructions to workers (regulation 9):

• imposing duties on PCBUs regarding the general working en-vironment and facilities for workers at the workplace, a dutyin respect of unwell workers, a duty to provide first aid, a dutyto prepare, maintain, and implement an emergency plan, andduties to provide personal protective equipment (PPE) and en-sure PPE is used or worn in the workplace (regulations 10 to21).

Part 2 (regulations 22 to 32) imposes specific duties on PCBUs inrelation to the management of particular risks associated with certainwork, including—• imposing duties in relation to workers performing remote or

isolated work (regulation 22):• imposing duties in relation to hazardous atmospheres and the

risks associated with ignition sources (regulations 23 and 24):• imposing a duty to manage or minimise the risks associated

with falling objects (regulations 25 and 26):• imposing duties in relation to hazardous containers in the

workplace (regulation 27):


Explanatory noteHealth and Safety at Work (General Risk andWorkplace Management) Regulations 2015

• imposing duties in relation to working with loose but enclosedmaterials (regulation 28).

• imposing duties on PCBU’s who operate limited-attendancechild-care centres to obtain a Police vet in respect of workers atthe centre (regulations 29 to 32). The provisions carry forwardinto these regulations duties previously set out in the formerAct.

Part 3 (regulations 33 to 37) imposes additional duties on PCBUsin relation to young persons in the workplace. The provisions carryforward into these regulations various provisions of Part 5 of the 1995regulations.Part 4 (regulations 38 to 50) imposes specific duties on PCBUs re-lating to monitoring in the workplace, including—• monitoring in relation to airborne contaminant levels; and• health monitoring of workers.Part 5 (regulations 51 to 55) consequentially amends the 1995 regu-lations to revoke provisions that are now included in these regula-tions.

Regulatory impact statementThe Ministry of Business, Innovation, and Employment produced aregulatory impact statement on [date] to help inform the decisionstaken by the Government relating to the contents of this instrument.A copy of this regulatory impact statement can be found at—• [to come]• http://www.treasury.govt.nz/publications/informationre-

leases/ris

Issued under the authority of the Legislation Act 2012.Date of notification in Gazette:These regulations are administered by the Ministry of Business, Innovation, andEmployment.


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