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Safeguard OSH Solutions - Thomson Reuters

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2 Interpretation

2
Interpretation
In these regulations, unless the context otherwise requires,—

History Note - Regulations of New Zealand

“Act”: this definition was replaced, as from 4 April 2016, by s 232 Health and Safety at Work Act 2015 (2015 No 70). See section 4 and Schedule 1 of that Act for the transitional, savings, and related provisions.

Historical Versions - Regulations of New Zealand

Show the historical version (2 October 1995 to 3 April 2016)

Act means the Health and Safety in Employment Act 1992:
Advanced scaffolding includes—
(a)
Basic scaffolding:
(b)
Suspended scaffolding:
(c)
A barrow ramp:
(d)
A bracket scaffold for tank work and formwork:
(e)
A cantilevered scaffold:
(f)
A catch net:
(g)
A hoist that is cantilevered from a scaffold, has a load limit not exceeding 250 kilograms, and is used for no purpose other than the support of material:
(h)
Hung scaffolding, including scaffolding hung from a chain, tube, or wire rope:
(i)
A load platform cantilevered from a scaffold:
(j)
A mast climber:
(k)
A safety net for public protection:
(l)
Scaffolding associated with a perimeter safety screen or shutter:
(m)
A sloping platform:
(n)
A spurred scaffold:
(o)
Tube and coupler scaffolding, including a covered way or gantry made of tube and coupler scaffolding
Agricultural work
(a)
Means work on any farm, being work directly related to the operation of the farm; and
(b)
Includes—
(i)
Horticultural work, and
(ii)
Shearing work; and
(c)
Includes cooking for any person carrying out any agricultural work; but
(d)
Does not include any work on any marine or freshwater farm:
[alluvial mining operation has the meaning given to it in the Act]

History Note - Regulations of New Zealand

“alluvial mining operation”: this definition was inserted, as from 16 December 2013, by reg 235(2) Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).
Basic scaffolding includes—
(a)
A fall arrest system:
(b)
A free-standing modular scaffolding system:
(c)
A gin wheel:
(d)
A rope:
(e)
A static line:
Breast bench means a machine that is—
(a)
Fitted with a circular saw; and
(b)
Used to reduce flitches from the log breakdown to smaller dimension timber when the flitches are fed manually past the saw with or without the assistance of horizontal live feed and return rollers:
Certificate of competence means a certificate of one of the kinds referred to in regulation 27 of these regulations:
Chief executive means the chief executive of an organisation recognised under regulation 28 of these regulations:
Construction work
(a)
Means any work in connection with the alteration, cleaning construction, demolition, dismantling, erection, installation, maintenance, painting, removal, renewal, or repair, of—
(i)
Any building, chimney, edifice, erection, fence, structure, or wall, whether constructed wholly above or below, or partly above and partly below, ground level:
(ii)
Any aerodrome, cableway, canal, harbour works, motorway, railway, road, or tramway:
(iii)
Any thing having the purpose of drainage, flood control, irrigation, or river control:
(iv)
Any distribution system or network having the purpose of carrying electricity, gas, telecommunications, or water:
(v)
Any aqueduct, bridge, culvert, dam, earthwork, pipeline, reclamation, reservoir, or viaduct:
(vi)
Any scaffolding; and
(b)
Includes any work in connection with any excavation, preparatory work, or site preparation carried out for the purposes of any work referred to in paragraph (a) of this definition; and
(c)
Includes any work referred to in paragraph (a) or paragraph (b) of this definition carried out underwater, including work on buoys, obstructions to navigation, rafts, ships, and wrecks; and
(d)
Includes the use of any materials or plant for the purposes of any work referred to in any of paragraphs (a) to (c) of this definition; and
(e)
Includes any inspection or other work carried out for the purposes of ascertaining whether any work referred to in any of paragraphs (a) to (c) of this definition should be carried out; but
(f)
Does not include any work in any mine, quarry, or tunnel:
Current, in relation to a certificate of competence, means a certificate of competence that has been issued under regulation 38 of these regulations and has not expired or been cancelled or suspended under regulation 41 of these regulations:
Diving means diving under water where the diver breathes gases at greater than atmospheric pressure; and diver has a corresponding meaning:
Logging
(a)
Means felling trees by manual or mechanical means for the purpose of extracting logs, poles, and posts; and
(b)
Includes extracting logs to an area within a forest for processing and loading out:
[Mine: Definition Revoked]

History Note - Regulations of New Zealand

“Mine”: this definition was revoked, as from 16 December 2013, by reg 235(3) Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).
“Mine”: this definition was substituted, as from 12 September 1996, by reg 33(1)(a) Health and Safety in Employment (Mining Administration) Regulations 1996 (SR 1996/220).

Historical Versions - Regulations of New Zealand

Show the historical version (12 September 1996 to 15 December 2013)

[[Mine has the same meaning as it has in the Health and Safety in Employment (Mining Administration) Regulations 1996:]]
Show the historical version (2 October 1995 to 11 September 1996)

Mine means any place where any person works above or below ground for the purpose of—
(a)
Extracting any coal or any mineral from the earth; or
(b)
Processing any coal or any mineral extracted from the earth at that place; or
(c)
Extracting any coal or any mineral from the earth and processing the coal or mineral so extracted:
[mining operation has the meaning given to it in the Act]

History Note - Regulations of New Zealand

“mining operation”: this definition was inserted, as from 16 December 2013, by reg 235(3) Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).
Noise includes sound energy of any frequency, whether or not capable of being perceived by the unaided human ear:
Notifiable work means—
(a)
Any restricted work, as that term is defined in regulation 2(1) of the [Health and Safety in Employment (Asbestos) Regulations 1998]:
(b)
Any logging operation or tree-felling operation, being an operation that is undertaken for commercial purposes:
(c)
Any construction work of one or more of the following kinds:
(i)
Work in which a risk arises that any person may fall 5 metres or more, other than—
(A)
Work in connection with a residential building up to and including 2 full storeys:
(B)
Work on overhead telecommunications lines and overhead electric power lines:
(C)
Work carried out from a ladder only:
(D)
Maintenance and repair work of a minor or routine nature:
(ii)
The erection or dismantling of scaffolding from which any person may fall 5 metres or more:
(iii)
Work using a lifting appliance where the appliance has to lift a mass of 500 kilograms or more a vertical distance of 5 metres or more, other than work using an excavator, a fork-lift, or a self-propelled mobile crane:
(iv)
Work in any pit, shaft, trench, or other excavation in which any person is required to work in a space more than 1.5 metres deep and having a depth greater than the horizontal width at the top:
(v)
Work in any drive, excavation, or heading in which any person is required to work with a ground cover overhead:
(vi)
Work in any excavation in which any face has a vertical height of more than 5 metres and an average slope steeper than a ratio of 1 horizontal to 2 vertical:
(vii)
Work in which any explosive is used or in which any explosive is kept on the site for the purpose of being used:
(viii)
Work in which any person breathes air that is or has been compressed or a respiratory medium other than air:

History Note - Regulations of New Zealand

“Notifiable work”: paragraph (a) of this definition was amended, as from 14 January 1999, by reg 37 Health and Safety in Employment (Asbestos) Regulations 1998 (SR 1998/443), by substituting the expression “Health and Safety in Employment (Asbestos) Regulations 1998” for the expression “Asbestos Regulations 1983”.

Historical Versions - Regulations of New Zealand

Show the historical version (2 October 1995 to 13 January 1999)

Notifiable work means—
(a)
Any restricted work, as that term is defined in regulation 2(1) of the Asbestos Regulations 1983:
(b)
Any logging operation or tree-felling operation, being an operation that is undertaken for commercial purposes:
(c)
Any construction work of one or more of the following kinds:
(i)
Work in which a risk arises that any person may fall 5 metres or more, other than—
(A)
Work in connection with a residential building up to and including 2 full storeys:
(B)
Work on overhead telecommunications lines and overhead electric power lines:
(C)
Work carried out from a ladder only:
(D)
Maintenance and repair work of a minor or routine nature:
(ii)
The erection or dismantling of scaffolding from which any person may fall 5 metres or more:
(iii)
Work using a lifting appliance where the appliance has to lift a mass of 500 kilograms or more a vertical distance of 5 metres or more, other than work using an excavator, a fork-lift, or a self-propelled mobile crane:
(iv)
Work in any pit, shaft, trench, or other excavation in which any person is required to work in a space more than 1.5 metres deep and having a depth greater than the horizontal width at the top:
(v)
Work in any drive, excavation, or heading in which any person is required to work with a ground cover overhead:
(vi)
Work in any excavation in which any face has a vertical height of more than 5 metres and an average slope steeper than a ratio of 1 horizontal to 2 vertical:
(vii)
Work in which any explosive is used or in which any explosive is kept on the site for the purpose of being used:
(viii)
Work in which any person breathes air that is or has been compressed or a respiratory medium other than air:
Overhand planing machine means a machine for planing or smoothing the surface of material by passing it over cutters:
Plant means plant that is to be used or is used in a [workplace]:

History Note - Regulations of New Zealand

“plant”: this definition was amended, as from 4 April 2016, by s 232 Health and Safety at Work Act 2015 (2015 No 70) by substituting “workplace” for “place of work”. See section 4 and Schedule 1 of that Act for the transitional, savings, and related provisions.

Historical Versions - Regulations of New Zealand

Show the historical version (2 October 1995 to 3 April 2016)

Plant means plant that is to be used or is used in a place of work:
Protective clothing: Definition Revoked

History Note - Regulations of New Zealand

“Protective clothing”: this definition was revoked, as from 15 May 2017, by reg 4 Health and Safety in Employment Amendment Regulations 2017 (LI 2017/64).

Historical Versions - Regulations of New Zealand

Show the historical version (2 October 1995 to 14 May 2017)

Protective clothing means protective clothing that is to be used or is used in a place of work:
Protective equipment: Definition Revoked

History Note - Regulations of New Zealand

“Protective equipment”: this definition was revoked, as from 15 May 2017, by reg 4 Health and Safety in Employment Amendment Regulations 2017 (LI 2017/64).

Historical Versions - Regulations of New Zealand

Show the historical version (2 October 1995 to 14 May 2017)

Protective equipment means protective equipment that is to be used or is used in a place of work:
[Quarry: Definition Revoked]

History Note - Regulations of New Zealand

“Quarry”: this definition was revoked, as from 16 December 2013, by reg 235(4) Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).
“Quarry”: this definition was substituted, as from 12 September 1996, by reg 33(1)(b) Health and Safety in Employment (Mining Administration) Regulations 1996 (SR 1996/220).

Historical Versions - Regulations of New Zealand

Show the historical version (12 September 1996 to 15 December 2013)

[[Quarry has the same meaning as it has in the Health and Safety in Employment (Mining Administration) Regulations 1996:]]
Show the historical version (2 October 1995 to 11 September 1996)

Quarry means any place where any person works above ground for the purpose of—
(a)
Extracting any material, other than any coal or any mineral, from the earth; or
(b)
Processing any material, other than any coal or any mineral, extracted from the earth at that place, or
(c)
Extracting any material, other than any coal or any mineral, from the earth and processing the material so extracted—
where the material is extracted or processed primarily for the purpose of sale:
[quarrying operation has the meaning given to it in the Act]

History Note - Regulations of New Zealand

“quarrying operation”: this definition was inserted, as from 16 December 2013, by reg 235(4) Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).
Registered engineer: Definition Revoked

History Note - Regulations of New Zealand

“Registered engineer”: this definition was revoked, as from 1 January 2004, by s 76 Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17).

Historical Versions - Regulations of New Zealand

Show the historical version (2 October 1995 to 31 December 2003)

Registered engineer means a person who holds a current certificate of registration under the Engineers Registration Act 1924
Scaffolding
(a)
Means any advanced scaffolding, basic scaffolding, or suspended scaffolding or any framework or structure, of a temporary nature, used or intended to be used—
(i)
For the support or protection of persons carrying out construction work or work connected with construction work, for the purpose of carrying out that work; or
(ii)
For the support of materials used in connection with any such work; and
(b)
Includes any scaffolding constructed as such and not dismantled, whether or not it is being used as scaffolding, and
(c)
Includes any coupling, device, fastening, fitting, or plank used in connection with the construction, erection, or use of scaffolding:
Shoring means any material that is or can be used to provide effective support for the exposed face of an excavation; and shored has a corresponding meaning:
Supplier: Definition Revoked

History Note - Regulations of New Zealand

“Supplier”: this definition was revoked, as from 15 May 2017, by reg 4 Health and Safety in Employment Amendment Regulations 2017 (LI 2017/64).

Historical Versions - Regulations of New Zealand

Show the historical version (2 October 1995 to 14 May 2017)

Supplier,—
(a)
In relation to plant, includes any person who sells or hires any plant or offers any plant for sale or hire:
(b)
In relation to protective clothing or protective equipment, includes any person who sells or hires any protective clothing or protective equipment or offers any protective clothing or protective equipment for sale or hire:
Suspended scaffolding includes—
(a)
A boatswain's chair, whether hand-hauled or mechanical:
(b)
A swinging stage, whether hand-hauled or mechanical:
Tree-felling means felling trees by manual or mechanical means for any purpose—
(a)
Other than extracting logs, poles, and posts; but
(b)
Including the purposes of—
(i)
Harvesting firewood commercially:
(ii)
Land clearance:
(iii)
Maintaining shelter belts for horticulture:
(iv)
Maintaining or removing trees in the vicinity of overhead power lines:
(v)
Managing and caring for trees in the general community:
(vi)
Silviculture:
(vii)
Willow layering and any other work in catchment or soil erosion operations:
[Tunnel: Definition Revoked]

History Note - Regulations of New Zealand

“Tunnel”: this definition was revoked, as from 16 December 2013, by reg 235(5) Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).
“Tunnel”: this definition was substituted, as from 12 September 1996, by reg 33(1)(c) Health and Safety in Employment (Mining Administration) Regulations 1996 (SR 1996/220).

Historical Versions - Regulations of New Zealand

Show the historical version (12 September 1996 to 15 December 2013)

[[Tunnel has the same meaning as it has in the Health and Safety in Employment (Mining Administration) Regulations 1996:]]
Show the historical version (2 October 1995 to 11 September 1996)

Tunnel means any place where any person works,—
(a)
With ground cover overhead, for the purpose of constructing an excavation intended to be greater than 15 metres long; or
(b)
With or without ground cover overhead, for the purpose of constructing a shaft intended to be greater than 4.5 metres deep:
Wholesome: Definition Revoked

History Note - Regulations of New Zealand

“Wholesome”: this definition was revoked, as from 15 May 2017, by reg 4 Health and Safety in Employment Amendment Regulations 2017 (LI 2017/64).
“Wholesome”: this definition was substituted, as from 1 July 2008, by s 19 Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Historical Versions - Regulations of New Zealand

Show the historical version (1 July 2008 to 14 May 2017)

[Wholesome, in relation to water, means complying with the drinking-water standards issued or adopted under section 69O of the Health Act 1956.]
Show the historical version (2 October 1995 to 30 June 2008)

Wholesome, in relation to water, means complying with the standards set out in the document published by the Ministry of Health in 1995 entitled “Drinking-Water Standards for New Zealand 1995”.

From OSH Legislation

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