Safety at Work

Every Worker Deserves to Make it Home Safe – Every Day
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An issuing officer may issue a search warrant in relation to a place, vehicle, or thing, on an application made in the manner provided by subpart 3 of Part 4 of the Search and Surveillance Act by a specified person authorised under subsection 1 , if the issuing officer is satisfied that there are reasonable grounds—. In this section, specified person means—. Despite subsection 4 , a constable may apply for a warrant to be issued under subsection 3 without an authorisation from a regulator under subsection 1. The provisions of subpart 2 of Part 3 and Part 4 of the Search and Surveillance Act except sections and apply, with any necessary modifications.

An inspector who, in the course of exercising a power under section or , finds evidence of contravention of relevant health and safety legislation is not required to obtain a search warrant under section to continue exercising powers under section or When asking a person to provide his or her name and residential address, the inspector must—. If the inspector reasonably believes that the name and residential address a person provides are false, the inspector may require the person to give evidence of their correctness.

Any person on whom a duty is imposed by relevant health and safety legislation must give all reasonable assistance to enable an inspector to enter, inspect, examine, inquire, or exercise any other power under relevant health and safety legislation. A person must not, without reasonable excuse, refuse or fail to comply with a requirement under section 1 or 3. A person must not, without reasonable cause, hinder or obstruct an inspector in exercising his or her compliance powers, or cause or attempt to cause any other person to do so.

A person who is not an inspector must not, in any way, hold himself or herself out to be an inspector. The regulator may appoint any medical practitioner to be a health and safety medical practitioner. A health and safety medical practitioner must exercise the powers of a health and safety medical practitioner subject to the directions given and conditions if any for the time being imposed by the regulator. Every health and safety medical practitioner must have a certificate of appointment in a form approved by the regulator.

Compare: No 96 s 34 1 — 3. The regulator may suspend or end the appointment of a health and safety medical practitioner at any time. Compare: No 96 s 34 4. For the purposes of relevant health and safety legislation, a health and safety medical practitioner may, at any reasonable time, enter a workplace and—.

Despite subsection 1 , a health and safety medical practitioner must not, except with the consent of an occupier or pursuant to a warrant issued under subsection 4 ,—. Despite subsection 1 , a health and safety medical practitioner must not enter a defence area except in accordance with a written agreement between the regulator and the Chief of Defence Force that is entered into for the purposes of this section and is for the time being in force. An issuing officer may, on an application made by a health and safety medical practitioner in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act , issue a warrant to enter a home or part of a home if he or she is satisfied that there are reasonable grounds to believe that the home—.

A health and safety medical practitioner may exercise the powers under this section if satisfied that—. In this section and in section , significant hazard means a hazard that is an actual or a potential cause or source of—. Subject to subsection 2 , a health and safety medical practitioner may, by written notice to the worker a copy of which must be given to the PCBU ,—.

A health and safety medical practitioner may exercise the powers under subsection 1 if satisfied that—. Every worker and PCBU must comply with a suspension notice served under this section. A health and safety medical practitioner or a person called on to assist a health and safety medical practitioner is not liable in any criminal or civil proceedings for any act done or omitted to be done in good faith in the performance or exercise, or intended performance or exercise, of his or her functions or powers under relevant health and safety legislation.

A person must not, without reasonable cause, hinder or obstruct a health and safety medical practitioner in exercising his or her compliance powers, or cause or attempt to cause any other person to do so. A person who is not a health and safety medical practitioner must not, in any way, hold himself or herself out to be a health and safety medical practitioner. Except to the extent that a designation under section is in force, WorkSafe is the regulator for the purposes of this Act.

Subject to its scope of designation, a regulator other than WorkSafe has the following functions under this Act:. The Prime Minister may designate an agency listed in subsection 3 as a designated agency, having regard to the specialist knowledge of that agency. A designation under subsection 1 is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act and must be presented to the House of Representatives under section 41 of that Act.

Compare: No 96 s 28B. If a designated agency has been given a scope of designation under section , WorkSafe or another agency may perform functions or exercise powers under this Act or any other enactment in respect of the scope of designation only if the designated agency has given its consent for WorkSafe or the other agency to do so. A designated agency or its inspectors must not perform any functions or exercise any powers in respect of a matter that is outside its scope of designation unless WorkSafe or, if relevant, another designated agency has given its consent for the designated agency to do so.

However, a failure to obtain consent under subsection 1 or 2 does not affect the validity of the performance of any function or exercise of any power by WorkSafe or another agency or by the designated agency as the case may be. No action by a regulator or an inspector and no process or proceedings may be dismissed, set aside, or held invalid by any court by reason only of a regulator or the inspector acting outside its scope of designation or of any defect, irregularity, omission, or want of form unless the court is satisfied that there has been a miscarriage of justice.

Subject to any enactment or rule of law, a designated agency must, in performing functions and exercising powers under this Act or any other enactment, give effect to any joint policy directions given to it by the Minister and the Minister responsible for the designated agency. A direction given under subsection 1 must be in writing and signed by the Ministers.

Sections and of the Crown Entities Act apply to a direction given under subsection 1 subject to—. Compare: No 96 s 28B 2. The Minister must make reasonable efforts to publish the first strategy within 24 months after the commencement of this section. The strategy, or amendments to it or replacement of it, must be developed by a process that involves consultation—.

The Minister must make publicly available, and present to the House of Representatives, a copy of any strategy, amendment, or replacement as soon as practicable after the strategy, amendment, or replacement has been published or made under this section. Section A of the Accident Compensation Act requires WorkSafe and ACC to, at all times, have a workplace injury prevention action plan that meets the requirements of that section. However, if ACC receives any information or document from the regulator under subsection 1 , it must not use that information or document in connection with making decisions about cover or entitlements under the Accident Compensation Act Nothing in this section limits the Privacy Act This section applies despite anything to the contrary in any contract, deed, or document.

This section applies if a regulator other than WorkSafe receives a notification of a notifiable event under section The medical officer of health must, as soon as practicable after receiving the notification,—. If requested by a coroner, the regulator must give the coroner a written report of an investigation that the regulator has carried out, or is carrying out, on the circumstances of any fatal accident that occurs at a workplace.

For the purpose of recovering certain Crown costs, the Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring the persons specified in subsection 2 to pay a levy a funding levy on the earnings specified in relation to that person at a rate or rates prescribed by regulations.

The funding levy must be added to, and is deemed to be part of, the Work Account levy, and—. ACC and the Commissioner of Inland Revenue have all of the powers in respect of the funding levy that they have in respect of the Work Account levy; and. ACC must, by the 20th day of the month after the month in which ACC receives any funding levy from the Commissioner of Inland Revenue, pay the funding levy to the chief executive. Work Account levy means the levy payable under section , A , B , or of the Accident Compensation Act The Minister must not recommend the making of regulations for the purposes of section without first—.

Compare: No 96 s 59 7. In this subpart, authorised means authorised by a licence, permit, registration, consent, certificate, or other authority however described as required by regulations. A person must not conduct a business or undertaking at a workplace or direct or allow a worker to carry out work at a workplace if—.

A PCBU must not direct or allow a worker to use plant or a substance at a workplace if—. A person must not carry out work if regulations require the work, or class of work, to be carried out—. A PCBU must not direct or allow a worker to carry out work if regulations require the work, or class of work, to be carried out—. A person must comply with the conditions of any authorisation given to that person that are prescribed in or under regulations.

A person must not give information in complying or purportedly complying with this Act or regulations that the person knows—. A person must not produce a document in complying or purportedly complying with this Act or regulations that the person knows is false or misleading in a material particular without—.

Employers' responsibilities

This section applies if the regulator obtains information or gains access to a document in performing or exercising any function, duty, or power under this Act or regulations. The regulator must not publish or disclose, or direct any person to publish or disclose, any information or document to which this section applies unless—. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:.

Subsection 3 applies if, before, on, or after the commencement of this section, the EPA issues an EPA notice under section 74 of the Hazardous Substances and New Organisms Act establishing a hazard classification system that replaces the hazard classification system provided for in the Hazardous Substances Classification Regulations and the Hazardous Substances Minimum Degrees of Hazard Regulations the existing classification system. Regulations made under this section may be made based on the existing classification system for a period not exceeding 5 years after the date on which the EPA notice is issued.

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Compare: No 30 ss 75 , The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing that any specified provisions of this Act or regulations do not apply or apply with modifications in respect of—. Without limiting subsection 1 , the regulations may be subject to any conditions specified in the regulations. Before making a recommendation under subsection 1 , the Minister must consult the Minister of Defence. If an exemption is provided under this section, the reasons for the exemption must be set out in the explanatory note of the regulations.

The Governor-General may, by Order in Council, made on the recommendation of the Minister, make regulations prescribing levies for the purposes of recovering the costs of the regulator that relate to its functions in respect of authorisations granted under this Act. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—. No regulations made under this section may be made, or continue in force, later than 2 years after the date of commencement of this section.

The Minister must not recommend the making of any regulations under section , , , or without first consulting persons and organisations that the Minister considers appropriate, having regard to the subject matter of the proposed regulations. The Minister, before recommending the making of any regulations relating to hazardous substances, must consult the EPA about the subject matter of the proposed regulations. A failure to comply with this section does not affect the validity of the regulations made.

Compare: No 96 s 21 2 , 3. Regulations made under this Act are not invalid merely because they confer any discretion on, or allow any matter to be determined or approved by, any person. The Minister must, before making a recommendation in relation to a provision referred to in subsection 2 ,—. The regulator may exempt any person or class of persons from compliance with any provision or provisions of regulations.

The regulator must not grant an exemption under subsection 1 unless it is satisfied that—. The breach of a term or condition of an exemption granted under subsection 1 is a breach of the provision to which the exemption relates unless the terms of the exemption provide otherwise. An exemption granted under section that is a class exemption is a legislative instrument for the purposes of the Legislation Act and must be presented to the House of Representatives under section 41 of that Act.

An exemption granted under section that is not a class exemption is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act and does not have to be presented to the House of Representatives under section 41 of that Act. As soon as practicable after an exemption granted under section is made, it must be—.

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In this section, class exemption means an exemption granted under section that is of general application and that applies to classes of persons. The Minister may approve, amend, or revoke a code of practice under subsection 1 only if the Minister is satisfied that the code of practice, amendment, or revocation was developed by a process that involved consultation between—. A code of practice may incorporate, adopt, or apply with or without modification all or any part of any other document that is prepared or issued by any person or body, and that is in force at a particular time.

The following may be approved by the Minister without carrying out the consultation required by subsection 2 :. A code of practice approved under this section is neither a disallowable instrument nor a legislative instrument for the purposes of the Legislation Act and does not have to be presented to the House of Representatives under section 41 of that Act.

As soon as practicable after an approved code of practice has been approved, amended, or revoked, the regulator must ensure that notice of the approval, amendment, or revocation is published in the Gazette. Subject to subsection 3 , an approved code of practice, an amendment, or a revocation may not come into force until at least 28 days after it has been notified in the Gazette. A minor or technical amendment approved by the Minister under section 5 comes into force on the date specified by notice in the Gazette.

Compare: No 96 s 20A. The Gazette notice published by the regulator under section 1 must specify the place or places at which copies of the code of practice or amendment as the case may be are available for public inspection and purchase. Compare: No 96 s 20C 1. The publication by the regulator of a notice under section 1 is conclusive proof that the code has been validly made under section Compare: No 96 s 20A 5. No code of practice issued or amended under this Part confers rights or obligations capable of enforcement in any civil or criminal proceedings.

However, an approved code of practice is admissible in any civil or criminal proceedings as evidence of whether or not a duty or obligation under this Act has been complied with. Nothing in this section prevents a person from introducing evidence of compliance with this Act in a manner that is different from the code but provides a standard of work health and safety that is equivalent to or higher than the standard required in the code. The purposes of safe work instruments are to define terms, prescribe matters, or make other provision in relation to any activity or thing, including without limitation listing standards, control of substances, and competency requirements.

The Minister must not approve a safe work instrument unless the Minister is satisfied that all persons and organisations that the Minister thinks appropriate have been consulted, having regard to the subject matter of the proposed safe work instrument. The Minister may approve an amendment to a safe work instrument including approving incorporation of amendments to, or updates of, documents incorporated by reference without complying with subsection 3 if the Minister is satisfied that the amendment is minor or technical.

A safe work instrument is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act and must be presented to the House of Representatives under section 41 of that Act but only to the extent that the instrument is given effect to in accordance with section 1.

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A failure to comply with subsection 3 does not affect the validity of a safe work instrument. A safe work instrument made under section has legal effect only to the extent that any regulations made under the relevant health and safety legislation refer to it. The Minister may, either generally or particularly, delegate to the regulator his or her power—. The regulator must not delegate the power to approve, amend, or revoke a code of practice or a safe work instrument delegated to it under subsection 1 except in accordance with the terms of the delegation.

The regulator may exercise the power delegated to it under this section in the same manner and with the same effect as if it had been conferred on the regulator subject to any restrictions or conditions imposed under the delegation. If the regulator purports to act under a delegation under this section, the regulator must, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

No delegation affects or prevents the performance or exercise of any function or power by the Minister or affects the responsibility of the Minister for the actions of a person acting under the delegation. Nothing prescribed in regulations made under this Act for the safe use, handling, manufacture, or storage of hazardous substances applies in relation to any resource consent to which this subsection applies that is—. Subsection 3 applies where the resource consent concerned was granted before the coming into force of any regulations made under the Hazardous Substances and New Organisms Act and until such time as the conditions on the resource consent are reviewed in accordance with section of the Resource Management Act In this section, resource consent has the same meaning as in section 2 1 of the Resource Management Act The Machinery Act No 52 is repealed.

Amend the enactments specified in Schedule 5 as set out in that schedule. The following regulations made under the former Acts and the Factories Act are to be treated as regulations made under this Act and may be amended or revoked accordingly:. Amusement Devices Regulations :.

Risk assessment and a safety statement

A health and safety representative must not unnecessarily impede production at a mining operation when performing functions or exercising powers under this schedule. The right of employees to work in a safe and healthy environment is enshrined in law. An approved code of practice issued under section 20 of the Health and Safety in Employment Act continues in force as if it had been made under this Act subject to any necessary modifications. Although regulations set no required breaks, no single continuous period of work at a screen should not exceed one hour. More show more. A person to whom a notice other than a suspension notice is issued must, as soon as practicable, display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being carried out that is affected by the notice. For the purpose of recovering certain Crown costs, the Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring the persons specified in subsection 2 to pay a levy a funding levy on the earnings specified in relation to that person at a rate or rates prescribed by regulations.

Health and Safety in Employment Pipelines Regulations :. Health and Safety in Employment Regulations :. Lead Process Regulations :. Spray Coating Regulations The regulations specified in subclause 1 may be amended from time to time under the corresponding empowering provisions if any in this Act or if there is no corresponding empowering provision as if this clause contained the relevant empowering provision as it read immediately before the commencement of section of this Act. Despite the repeal of the Machinery Act by section of this Act, section 21A of that Act is to be treated as continuing in force until the Amusement Devices Regulations are revoked.

An approved code of practice issued under section 20 of the Health and Safety in Employment Act continues in force as if it had been made under this Act subject to any necessary modifications. This clause applies to an exemption granted by WorkSafe under regulations made under the Health and Safety in Employment Act including any conditions or limitations imposed on the exemption and in force immediately before the commencement of this clause.

Safe At Work Ontario

On and after the commencement of this clause, the exemption and any conditions or limitations imposed on the exemption continues to apply until it is sooner replaced or revoked as if it were granted by the regulator under section of this Act. Sections , 4 , and 1 and 2 are satisfied in relation to any regulations if action of the kind described in those provisions was taken before their commencement for the purpose of facilitating the making of the regulations.

Section 2 is satisfied in relation to any code of practice if action of the kind described in that provision was taken before its commencement for the purpose of facilitating the making of the code of practice. Section 3 is satisfied in relation to any safe work instrument if action of the kind described in that subsection was taken before its commencement for the purpose of facilitating the making of the instrument. This clause applies to material existing material that, as at the commencement of this clause, is incorporated by reference into—.

Hazardous Substances Classes 1 to 5 Controls Regulations :. Hazardous Substances Classes 6, 8, and 9 Controls Regulations :. Hazardous Substances Compressed Gases Regulations :. Hazardous Substances Emergency Management Regulations :. Hazardous Substances Exempt Laboratories Regulations :. Hazardous Substances Identification Regulations :. Hazardous Substances Tracking Regulations ; and. Section 51 of the Legislation Act which requires consultation about material proposed to be incorporated by reference does not apply to regulations made under this Act or safe work instruments approved under section of this Act that incorporate existing material by reference in reliance on section 49 of that Act.

Existing material that is incorporated by reference in accordance with this clause may—. A person who, immediately before the commencement of this clause, held office as an inspector, a geothermal inspector, or an enforcement officer as the case may be under a provision specified in subclause 2 continues in office on and after that commencement as if the person were appointed as an inspector under section of this Act. If, before the commencement of this clause, a person is liable to pay a levy under section 59 of the Health and Safety in Employment Act and the levy remains unpaid after payment is due, then, on and after the commencement of this clause,—.

An employee participation system developed, agreed, and implemented under section 19C of the Health and Safety in Employment Act that is in force immediately before the commencement of this clause continues on and after that commencement and must be treated as if it were a worker participation practice under section 61 of this Act and all references in the system to—.

This clause applies to a person who, immediately before the commencement of this clause, was a health and safety representative in accordance with an employee participation system established under section 19C of the Health and Safety in Employment Act or in accordance with Part 3 of Schedule 1A of that Act.

The person continues in that role on and after that commencement and must be treated as if the person had been elected as a health and safety representative in accordance with subpart 2 of Part 3 of this Act. Part 3 of this Act applies, with any necessary modifications, to a person who continues in his or her role under subclause 1 as if, in relation to the representative, references to a work group or members of a work group were references to the group of workers described in the employee participation system or, if none, the workers in the workplace.

However, a person to whom this clause applies may not exercise a power conferred by a provision referred to in subclause 6 unless he or she has completed the prescribed training requirements relating to the exercise of the power. This clause applies if clause 12 of Schedule 2 commences during a year, being a period starting on 1 April in a year and ending on 31 March in the following year.

The training requirements for health and safety representatives under clause 12 of Schedule 2 do not take effect until the start of the following year. A health and safety committee established as part of an employee participation system under section 19C of the Health and Safety in Employment Act or in accordance with Part 3 of Schedule 1A of that Act continues on and after the commencement of this clause as if it were a health and safety committee established under section 66 of this Act.

A worker participation system developed, agreed, and implemented under section 19R of the Health and Safety in Employment Act that is in force immediately before the commencement of this clause continues on and after that commencement and must be treated as if it were a worker participation practice under section 61 of this Act and all references in the system to—. This section applies to a person who, immediately before the commencement of this clause, was elected as a site health and safety representative in accordance with a worker participation system established under section 19R of the Health and Safety in Employment Act or with regulations made under that Act.

Part 3 of this Act applies, with any necessary modifications, to a person who continues in his or her role under subclause 1 as if, in relation to the representative,—. In addition, the person may exercise the specific powers of a health and safety representative in the mining sector specified in clauses 8 and 9 of Schedule 3. However, a person to whom this clause applies may not exercise a power conferred by a provision referred to in subclause 7 unless he or she has completed the prescribed training requirements relating to the exercise of the power.

A site health and safety committee established as part of a worker participation system under section 19R of the Health and Safety in Employment Act continues on and after the commencement of this clause as if it were a health and safety committee established under section 66 of this Act. Part 3 of this Act applies, with any necessary modifications, to a committee continued under subclause 1 as if, in relation to the committee,—.

A person who, immediately before the commencement of this clause, was appointed as an industry health and safety representative under section 19ZU of the Health and Safety in Employment Act continues in that role on and after that commencement and must be treated as if the person had been appointed under clause 17 of Schedule 3 of this Act. Schedule 3 applies to a person who continues in his or her role as an industry health and safety representative. This clause applies to an identity card given to an industry health and safety representative under section 19ZY of the Health and Safety in Employment Act On and after the commencement of this clause, the identity card must be treated as if it were issued under clause 22 of Schedule 3 of this Act until it expires or is sooner revoked.

This clause applies to the register of industry health and safety representatives kept under section 19ZZB of the Health and Safety in Employment Act On and after the commencement of this clause, the register must be treated as if it were kept under clause 24 of Schedule 3 of this Act. A person who, immediately before the commencement of this clause, held office as a member of the Board continues in office on and after that commencement and must be treated as if the person were appointed under clause 29 of Schedule 3 of this Act.

If, before the commencement of this clause, a mine operator is liable to pay a levy under section 20H of the Health and Safety in Employment Act and the levy remains unpaid after payment is due, then, on and after the commencement of this clause,—. This clause applies to a register of accidents and serious harm kept by an employer under section 25 of the Health and Safety in Employment Act The employer must retain the register until the close of the day that is 5 years after the date of the commencement of this clause.

This clause applies to an improvement notice, a prohibition notice, or a hazard notice issued under the Health and Safety in Employment Act and in force immediately before the commencement of section of this Act. The notice continues to have effect as if this Act had not been passed for the purpose of completing any matter relating to the notice. With the consent of the worker concerned, a health and safety representative may attend an interview concerning work health and safety between a worker whom the health and safety representative represents and—.

With the consent of the workers concerned, a health and safety representative may attend an interview concerning work health and safety between a group of workers whom the health and safety representative represents and—. Compare: No 96 s 19Z. A health and safety representative may, at any reasonable time, enter and inspect any area of a workplace to perform the functions, or exercise the powers, of the health and safety representative.

Before exercising the power under subclause 1 , the health and safety representative must give reasonable notice to the PCBU at that workplace, including reasonable notice of whether the health and safety representative intends to be accompanied by another person in accordance with clause 5 1. In exercising the power under this clause, the health and safety representative must comply with any reasonable procedures and requirements that relate to work health and safety.

Despite subclauses 1 and 2 , a health and safety representative may, at any time and without notice, enter and inspect any area of a workplace including when the health and safety representative is accompanied by another person in the event of an incident, or any situation involving a serious risk to the health or safety of a person arising from an immediate or imminent exposure to a hazard.

Compare: No 96 s 19ZA. A health and safety representative may request a PCBU to provide any information necessary to enable the health and safety representative to perform his or her functions or exercise his or her powers, including information relating to—. The health and safety representative may retain and copy any document containing information provided by the PCBU following a request under subclause 1. A health and safety representative may, for the purposes of performing or exercising his or her functions or powers under this Act, be accompanied or assisted by another person.

The following provisions apply, with all necessary modifications, to any person accompanying or assisting a health and safety representative under subclause 1 :. This clause sets out the circumstances in which a health and safety representative HSR-A , whose ordinary role is to represent workers in work group A may, for the purposes of performing or exercising his or her functions or powers under this Act, be accompanied and assisted by another health and safety representative HSR-B , whose ordinary role is to represent workers in work group B , and when HSR-B may act in the capacity of HSR-A.

This clause overrides clause 9 1. A health and safety representative may accompany an inspector who has entered a workplace under section An inspector may refuse to allow a health and safety representative accompanying the inspector under this section to be present—. Compare: No 96 s 19ZD. A health and safety representative may consult the regulator or an inspector about any work health and safety issue. Compare: No 96 s 19ZE. A health and safety representative for a work group may perform his or her functions and exercise his or her powers under this Act only in relation to matters that affect, or may affect, the health and safety of workers in that work group.

In this clause, another work group means—. Subject to clause 11 , the PCBU must—. If a health and safety representative makes a recommendation regarding work health and safety, the PCBU must, within a reasonable time,—. Any time that a health and safety representative spends for the purposes of performing or exercising his or her functions or powers under this Act must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period.

A person who contravenes subclause 1 or 2 commits an offence and is liable on conviction,—. Despite clauses 4 1 and 10 1 , a PCBU—. Subject to subclause 2 , if a health and safety representative has been elected to represent workers who carry out work for a business or undertaking, the PCBU must—.

What is the Health and Safety at Work Act ? | Workplace Regulation

The PCBU must pay a health and safety representative for every day or part of a day that the health and safety representative is given time off work to attend training,—. Subclause 3 does not apply in respect of any day for which the eligible employee or other worker is paid weekly compensation under the Accident Compensation Act A person who contravenes subclause 1 commits an offence and is liable on conviction,—.

For the purposes of this clause, year means a period starting on 1 April in a year and ending on 31 March in the following year. A health and safety representative must not perform a function or exercise a power under this Act for a purpose other than a health and safety purpose. Compare: No 96 s 19ZM. This section applies to any information obtained by a health and safety representative in the performance of his or her functions or exercise of his or her powers under this Act.

In subclause 2 , disclose includes to give any person access to information. Compare: No 96 s 19ZN. Nothing in this Act imposes or is taken to impose a duty on a health and safety representative in that capacity. A health and safety representative is protected from civil and criminal liability for any act done or omitted to be done—. The regulator may, at its discretion, remove a health and safety representative from office if the regulator considers that the representative has not performed or exercised his or her functions or powers satisfactorily, including if the health and safety representative has—.

Compare: No 96 s 19ZR. A health and safety representative may appeal to the District Court against a decision of the regulator to remove him or her from office. An appeal must be brought within 28 days of the date of the notice given under clause 17 2. Compare: No 96 s 19ZT.

After receiving the request, the regulator must decide whether to exercise its discretion to remove the health and safety representative. The PCBU may appeal to the District Court against a decision of the regulator not to exercise its discretion to remove the health and safety representative. An appeal must be brought within 28 days of the date of the notice given under subclause 3. If a health and safety committee makes a recommendation regarding work health and safety, the PCBU must, within a reasonable time,—.

Any time that a member of a health and safety committee spends for the purposes set out in subclause 1 must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period. A person who contravenes subclause 1 , 2 , or 4 commits an offence and is liable on conviction,—.

Compare: No 96 s 19M. Subclause 1 applies whether or not the material is to be extracted or processed for commercial gain and whether or not the material is extracted or processed by the use of explosives. Compare: No 96 s 19N. Compare: No 96 s 19O. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations declaring that certain operations or classes of operation are not tunnelling operations for the purposes of clause 4. Compare: No 96 s 19P. For the purposes of the mining sector, the provisions in Part 3 , unless the context otherwise requires, must be read as if—.

A person appointed as an inspector under section and who is to inspect mining operations must, unless the person already has experience relevant to health and safety in mining operations, have passed an examination or examinations in areas of knowledge that the regulator is satisfied are specifically relevant to health and safety in mining operations.

The health and safety representative may give a written notice to the site senior executive ordering the suspension of the whole, or a part or an aspect, of the mining operation. If the site senior executive receives a notice under subclause 2 , the site senior executive must stop the mining operation, or the part or aspect of the mining operation, specified in the notice. If a notice ordering the suspension of the whole, or a part or an aspect, of the mining operation has been given by a health and safety representative, the site senior executive must notify the regulator of that fact.

Compare: No 96 s 19ZG. If a health and safety representative requires a person to stop the whole, or a part or an aspect, of a mining operation, that person must do so. The health and safety representative must, as soon as practicable after exercising the power under subclause 2 , advise the site senior executive of the action taken under that subclause and the reasons for the action taken. If a health and safety representative has advised the site senior executive of action taken under subclause 2 , the site senior executive must notify the regulator of that fact. Compare: No 96 s 19ZH.

An inspector may cancel the whole or part of a notice given under clause 8 whether or not mining operations have stopped pursuant to the notice or an action taken by a health and safety representative under clause 9 if the inspector does not consider that the operation or the part or aspect of the mining operation concerned is likely to cause a serious risk to the health and safety of a person.

Compare: No 96 s 19ZI. A health and safety representative must not exercise any power under clause 8 or 9 unless he or she meets the competency and experience requirements for a health and safety representative at a mining operation prescribed by or under regulations made under this Act. Compare: No 96 s 19Y. This clause applies if the whole or a part or an aspect of a mining operation is stopped under clause 8 or 9.

Section 86 applies with any necessary modifications to a mine worker who has stopped work under clause 8 or 9. Compare: No 96 s 19ZJ. The site senior executive must ensure that the operation or part or aspect of the mining operation stopped because a notice is given under clause 8 , or stopped or required to be stopped under clause 9 , is not restarted until the site senior executive is satisfied that it is not likely to involve a serious risk to the health and safety of a person. Compare: No 96 s 19ZK.

A health and safety representative must not unnecessarily impede production at a mining operation when performing functions or exercising powers under this schedule. Compare: No 96 s 19ZO. A health and safety representative may require the senior site executive or person in charge of the relevant part or aspect of a mining operation to give the health and safety representative reasonable assistance in the exercise of a power under clause 3 or 4 of Schedule 2. Compare: No 96 s 19ZC.

A mine operator or site senior executive must not prevent or attempt to prevent a health and safety representative from performing his or her functions or exercising his or her powers.

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This clause and clauses 18 to 23 apply only to—. A union or group of mine workers may, in any manner determined by the union or group, appoint a person to be an industry health and safety representative. The person appointed must meet the competency requirements for industry health and safety representatives prescribed in regulations made under this Act. The union or group of mine workers that appoints an industry health and safety representative must meet the costs of the representative.

Compare: No 96 s 19ZU. A union or group of mine workers that appoints an industry health and safety representative must—. Compare: No 96 s 19ZV. In addition to the functions and powers conferred on a health and safety representative specified in Part 3 , an industry health and safety representative has the following functions and powers:. Clauses 10 , 12 to 14 , and 16 apply with any necessary modifications in the case of an industry health and safety representative performing his or her functions or exercising his or her powers.

Compare: No 96 s 19ZW. An industry health and safety representative may perform his or her functions and exercise his or her powers in relation to any mining operation or mine worker whether or not,—. Compare: No 96 s 19ZX. The regulator must give each industry health and safety representative an identity card.

A person who ceases to be an industry health and safety representative must return his or her identity card to the regulator as soon as practicable, but within 14 days, after the date on which the person ceases to be a representative. Compare: No 96 s 19ZY. Before an industry health and safety representative exercises a power under this schedule in relation to any person, the representative must—. An industry health and safety representative who exercises a power under clause 3 of Schedule 2 must—. If the representative is unable, despite reasonable efforts, to comply with subclause 2 , the representative must, before leaving the mining operation, leave a written notice stating—.

Compare: No 96 s 19ZZ. The regulator must keep and maintain a register of industry health and safety representatives. The purpose of the register is to enable members of the public to know the names and contact details of industry health and safety representatives. Compare: No 96 s 19ZZB. The regulator may at any time make any amendments to the register that are necessary to reflect any changes in the information referred to in clause Compare: No 96 s 19ZZC. A person may search the register for a purpose set out in clause 24 2.

Compare: No 96 s 19ZZD. Compare: No 96 s 20D. Compare: No 96 s 20E. WorkSafe must appoint one of the members of the Board as the chairperson of the Board. When appointing a member of the Board, WorkSafe must have regard to the need to ensure that the Board has among its members knowledge and experience of—. Without limiting subclause 4 , the Board may include 1 or more employees of WorkSafe.

Clause 15 of Schedule 5 of the Crown Entities Act Schedule 5 applies to the members of the Board as if they were members of a committee appointed under clause 14 of Schedule 5 by the board of a Crown entity. Compare: No 96 s 20F. Compare: No 96 s 20G. Compare: No 96 s 20H. This schedule applies to any criminal or civil proceedings including public law and judicial review proceedings that relate to the administration or enforcement of this Act, if—.

Nothing in this schedule limits the duties of a prosecutor to disclose information under the Criminal Disclosure Act In this schedule, classified security information means information—. Compare: No 91 s 1 — 3. A specified agency must, after proceedings are commenced, provide the court with access to the classified security information that is relevant to those proceedings. The court must keep confidential and must not disclose any information provided as classified security information, even if it considers that the information does not meet the criteria set out in clause 3 2 and 3 , unless the head of the specified agency that holds the information consents to its release.

Compare: No 91 s The court may, in order to comply with clause 4 2 , make 1 or more of the following orders:. This clause applies if a non-Crown defendant cannot properly defend proceedings without being able to consider classified security information and the non-Crown defendant does not hold an appropriate security clearance to see that information. The court must, before appointing a person as a special advocate, be satisfied that the person—. The court may make directions as to the terms of the appointment, and on the matters referred to in clauses 9 and 10 3.

The specified agency that holds the classified security information must meet the actual and reasonable costs of a special advocate on a basis—. Each of the following may nominate a barrister or solicitor to be appointed as the special advocate:. At all times, a special advocate must act in accordance with his or her duties as an officer of the High Court.

A special advocate must keep confidential and must not disclose classified security information, except as expressly provided or authorised under this Act. A special advocate may apply to the court for access to the classified security information. The court may provide access to the classified security information to the special advocate on the terms that the court may direct. After a special advocate has been given access to the classified security information, he or she must not communicate with any person about any matter connected with the classified security information except in accordance with this clause.

A special advocate may, without the approval of the court, communicate about any matter connected with the classified security information with—. To the extent that a special advocate is acting in accordance with the requirements of this Act, he or she is not guilty of—. This schedule applies despite the requirements of any practice rules made and approved under the Lawyers and Conveyancers Act No person is personally liable for any act done or omitted to be done in good faith, in his or her capacity as a special advocate, in accordance with the requirements or provisions of this Act.

The court must determine the proceedings on the basis of information available to it whether or not that information has been disclosed to or responded to by all parties to the proceedings. If information presented, or proposed to be presented, in the proceedings includes classified security information,—. Nothing in this schedule limits section 27 of the Crown Proceedings Act or any rule of law that authorises or requires the withholding of a document or the refusal to answer a question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

Any general practices and procedures that may be necessary to implement the procedures specified in this schedule and to ensure that classified security information is protected in all proceedings to which this schedule applies must be agreed between the Chief Justice and the Attorney-General as soon as practicable after the commencement of this clause, and revised from time to time. General practices and procedures may be agreed under subclause 1 on the following matters:. Replace section 9 g and h with:. In section 9 , definition of other investigating authority , replace paragraph h with:.

In section 2 1 , after the definition of good industry practice , insert:. In section 2 1 , repeal the definition of WorkSafe. Replace sections 33A and 33B with:. Despite the activity being authorised under a permit, it must not be carried out until—. Replace section 90E 1 with:. The Minister, an appropriate Minister, or the chief executive may provide to the health and safety regulator any information, or a copy of any document, that he or she—. In Schedule 1, replace clause 15 7 with:. Replace section 8 5 with:. This section is subject to sections and of the Criminal Procedure Act and section 4 9 of the Resource Management Act In section 2 1 , repeal the definition of all practicable steps.

In section 2 1 , replace the definition of Minister with:. Minister , in any provision of this Act, means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of that provision. In section 2 1 , after the definition of provisional licence , insert:. In section 2 1 , definition of serious harm , replace paragraph c with:.

Replace section 61A 1 with:. Every electricity generator and every electricity distributor that owns or operates an electricity supply system must implement and maintain, in accordance with regulations made under section , a safety management system. The safety management system must prevent, so far as is reasonably practicable, the electricity supply system from presenting a significant risk of—.

Replace section C 5 with:. In , local government workers and 91 state employees died while on duty, according to the Bureau of Labor Statistics. This appears in the Management newsletter. Subscribe for free. Local governments are offering employees home loans and even housing if they reside among the people they serve. Ransomware attacks are becoming more sophisticated and taking longer for governments to recover from.

Some of Baltimore's services have been down for nearly a month.

The Primary Points of the Health and Safety at Work Act 1974

Less than half of the states where the drug treatment is legal protect patients from employment discrimination. Courts have generally sided with employers -- until recently. The West Virginia Senate passed a bill that would not only punish teachers for protesting but also includes a charter school provision they recently fought to defeat. The House could vote on it as early as Monday. Local governments are changing the frequency of performance evaluations, who receives them and what they're assessing.

This website uses cookies in order to offer you the most relevant information. Are Public Employees Safe at Work? Whether it's violence like the Virginia Beach shooting at a municipal building, or danger due to the nature of the job, government workers lack health and safety protections in nearly half the states. A makeshift memorial rests at the edge of a police cordon in front of the Virginia Beach Municipal Center where 11 employees and a contractor were fatally shot.

It Abruptly Ended Without Debate. The Baltimore Cyberattack Highlights Hackers' New Tactics Ransomware attacks are becoming more sophisticated and taking longer for governments to recover from. Depends on the State.