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Keeping Work Safe

Accessing the Legislation and other information

You can find copies of the Health and Safety in Employment Act 1992 in most public libraries. It is also available for sale from Legislation Direct (http://www.legislationdirect.co.nz) or from selected bookshops.

One of the easiest ways to access up-to-date versions of the legislation and regulations is online at http://www.legislation.govt.nz. This site is searchable and material can be printed.

The Department of Labour's website, http://www.dol.govt.nz, also has a range of guidance material including plain English guides to the law and other helpful material. You can also use the Department's website to notify us of health and safety incidents and serious harm, occupational diseases, hazardous work, exposure to asbestos and to register an interest in enforcement action.

You can also obtain information from the Department by contacting the Workplace Contact Centre on freephone 0800 20 90 20 during business hours.

Glossary

The following technical terms are used in this paper:

Term

Definition

All practicable steps

as outlined in section 2(A) of the HSE Act

Compliance

the continuous process of acting in accordance with the duties imposed by the HSE Act

Compliance order

means an order made under section 137 of the Employment Relations Act 2000

Contractor

means a person engaged by any person (otherwise than as an employee) to do any work for gain or reward

Duty-holder

a person upon whom a duty is imposed by the HSE Act and includes, for example, employers, employees, directors, officers and other agents of corporate entities as well as suppliers of plant and machinery

Duty

A legal obligation the breach of which can result in a liability and, in the case of the HSE Act, duties relating to health and safety in employment can be found in Part 2 of the Act

Employee

means any person of any age employed by an employer to do work (other than residential work) for hire or reward under a contract of service and, in relation to any employer, means an employee of the employer (subject to sections 3C to 3F of the HSE Act)

Employer

means a person who or that employs any other person to do any work for hire or reward; and, in relation to any employee, means an employer of the employee; and

includes, in relation to any person employed by the chief executive or other employee of a Crown organisation to do any work for the Crown organisation for hire or reward, that Crown organisation (subject to sections 3C to 3F of the HSE Act)

Employment Relations Authority

The authority established under section 156 of the Employment Relations Act 2000

Enforcement activities

activities that aim to reduce work-related and workplace death, injuries and disease by deterring non-compliance with the HSE Act - including inspection activities and the use of remedial measures

Enforcement Authority

Agencies with responsibilities for enforcing aspects of the HSE Act and includes Maritime New Zealand, Civil Aviation Authority, the NZ Police, and the Department of Labour

Harm

means illness, injury, or both and includes physical or mental harm caused by work-related stress

Hazard

means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether arising or caused within or outside a place of work) that is an actual or potential cause or source of harm; and includes-

(i) a situation where a person's behaviour may be an actual or potential cause or source of harm to the person or another person; and

(ii) without limitation, a situation described in sub-paragraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person's behaviour

HSE Act

Health and Safety in Employment Act 1992

HSNO Act

Hazardous Substances and New Organisms Act 1996

Inspector

a health and safety inspector for the time being appointed under section 29(1) of the HSE Act

Non-compliance

failure to comply with the HSE Act

Person

Includes natural persons as well as corporations and Crown organisations.

Place of work

a place (whether or not within or forming part of a building, structure, or vehicle) where any person is to work, is working, for the time being works, or customarily works, for gain or reward; and, in relation to an employee, includes a place, or part of a place, under the control of the employer (not being domestic accommodation provided for the employee),-

a) where the employee comes or may come to eat, rest, or get first-aid or pay; or

b) where the employee comes or may come as part of the employee's duties to report in or out, get instructions, or deliver goods or vehicles; or

c) through which the employee may or must pass to reach a place of work

Principal

a person who or that engages any person (otherwise than as an employee) to do any work for gain or reward

Prior warning

where a person has previously received one or more of the following on the same or similar matter: a written warning from the inspector, improvement notice, prohibition notice, conviction, a hazard notice, a compliance order or an infringement notice.

Secretary

the Chief Executive of the Department of Labour

Statutory enforcement tools

the enforcement tools set out in the HSE Act

Workplace

means "place of work" as defined in the HSE Act (see section 2, HSE Act).