The majority of the first phase of regulations to support the new Health and Safety at Work Act 2015 (HSWA) have been now been finalised and will come into force on 4 April 2016, along with the Act. 

The regulations supported with information and guidance from WorkSafe New Zealand are intended to support businesses (particularly small businesses) to understand what they need to do to comply with the general duties of the Act.

Regulations at a glance

Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 

Persons conducting a business or undertaking (PCBUs) have duties to ensure, so far as is reasonably practicable, that the workplace is without risks to the health and safety of any person.

These regulations outline additional duties on PCBUs related to managing risks, monitoring in the workplace, and specific duties related to young persons in the workplace and obtaining a police vet for workers at limited child-care centres. 

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

These regulations prescribe matters relating to work groups, health and safety representatives, and health and safety committees to support more effective worker participation. This includes information on who can be a health and safety representative or on a health and safety committee, and health and safety representative training.

The regulations also include matters that an inspector may decide if the parties are unable to reach an agreement themselves, and specify the sectors that are high risk for the purposes of worker participation requirements. 

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

These regulations deal with matters relating to the health and safety of people involved in the operation of, and local communities located near, major hazard facilities.

The regulations provide threshold quantities of specified hazardous substances and ways to determine whether a facility is a lower tier or an upper tier major hazard facility and the duties of operators.

Health and Safety at Work (Asbestos) Regulations 2016 

These regulations impose additional duties on PCBUs in relation to work involving asbestos. This includes managing asbestos risks, removal of asbestos and licensing of asbestos removalists.

Health and Safety at Work (Adventure Activities) Regulations 2016 

These regulations deal with the provision of adventure activities. They set out the process for becoming registered as an adventure activity operator and make it an offence for unregistered operators to offer adventure activities to participants.

These regulations revoke and replace the Health and Safety in Employment (Adventure Activities) Regulations 2011. Only minimal changes were made to align terminology and concepts with the new Health and Safety at Work Act 2015 and to add a new offence of offering adventure activities while unregistered. 

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

The regulations prescribe matters concerning health and safety in mining operations, including competency requirements in relation to safety-critical roles in mining operations, quarrying operations, and alluvial mining operations. 

These regulations revoke and replace the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013. Only minimal changes were made to align terminology and concepts with the new Health and Safety at Work Act 2015 and fix some drafting and minor implementation errors in the 2013 regulations. 

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

These regulations deal with matters relating to the health and safety of people involved in the operation of installations for petroleum exploration and extraction. 

They revoke and replace the Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations 2013. Only minimal changes were made to align terminology and concepts with the new Health and Safety at Work Act 2015, to use clearer terminology for duty holders, and to improve the emergency response duty in relation to onshore non-production installations. 

Health and Safety at Work (Rates of Funding Levy) Regulations 2016

These regulations prescribe the levy required to be paid by employers and self-employed persons under section 201 of the Health and Safety at Work Act 2015.

They also revoke and replace the Health and Safety in Employment (Rates of Funding Levy) Regulations 1994. Only minimal changes were made to align terminology and concepts with the new Health and Safety at Work Act 2015. No changes to levy rates were made.

What's still to come?

• Regulations specifying infringement offences and fees will be finalised shortly.
• The  regulations for work involving hazardous substances are currently being consulted on and will be finalised later this year. Submissions are due by 5pm, Friday 26 February 2016.
• Regulations to support the power in the new Act for the regulator to grant exemptions from regulatory requirements (clause 228A) will be developed this year.

 

• Phase two regulations will be developed over the next two years.