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Health, Safety, and ACC

8.5 Other health and safety regulations

8.5
Other health and safety regulations
8.5.1
Health and Safety at Work (Adventure Activities) Regulations 2016
These regulations came into force on 4 April 2016 and revoked and replaced the Health and Safety in Employment (Adventure Activities) Regulations 2011. They set out the process for becoming registered as an adventure activity operator. WorkSafe has said that only minimal changes were made to align terminology and concepts with the new Health and Safety at Work Act 2015 (HSW Act) and to add a new offence of offering adventure activities while unregistered.
See [8.1.5] for provisions saved from the old regulation.
(1)
Meaning of adventure activity
An adventure activity is one that:
• 
is provided to a participant in return for payment;
• 
is land-based or water-based;
• 
involves the participant being guided, taught how, or assisted to participate in the activity;
• 
where the main purpose is the recreational or educational experience of the participant;
• 
is designed to deliberately expose the participant to a serious risk to his or her health and safety that must be managed by the provider of the activity; and
• 
where:
– 
a failure of the provider’s management systems (such as failure of operational procedures or failure to provide reliable equipment) is likely to result in a serious risk to the participant’s health and safety; or
– 
the participant is deliberately exposed to dangerous terrain or dangerous waters.
Examples of adventure activities include outdoor abseiling, caving, kayaking, river boarding and scuba diving, but only to the extent that the above criteria apply to the activity.
Adventure activities do not include:
• 
activities requiring a marine document;
• 
activities where instructions are giving only in relation to the supply of equipment used;
• 
using passenger ropeways;
• 
using amusement devices;
• 
indoor abseiling or climbing;
• 
ice-skating on human-made surfaces;
• 
snow activities done indoors or within patrolled ski areas;
• 
activities provided by sports or recreation clubs, or associations representing such clubs to a member or a member of another club under an agreement between the clubs, or a non-member if the aim is only to encourage membership or is in a competition and is provided to a person for no more than 12 days within 12 months; or
• 
activities provided by schools or tertiary education providers to their students or students of another school or provider under an agreement between them, or a non-student if the activity is provided to encourage enrolment or interest in their activities and is provided to a person for no more than 12 days within 12 months.
Adventure activity operators must pass a safety audit before they can provide adventure activities. They are then issued with a safety audit certificate which may include conditions and is valid for up to three years. A copy of the certificate goes to the Registrar – which is WorkSafe or a group recognised by WorkSafe as a Registrar – to enable the person to be registered. Registration may be declined if there is non-compliance with conditions, previous safety failings or provision of adventure activities without being registered.
Penalties for providing adventure activities without being registered or without being exempt from registration are maximum fines of $10,000 for individuals and $50,000 for any other person.
8.5.2
Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016
The Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016 came into force on 4 April 2016 and 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. See [8.1.5] above for provisions saved from the old regulation, as well as exemptions.
WorkSafe has said that only minimal changes were made to align terminology and concepts with the HSW Act, to use clearer terminology for duty holders, and to improve the emergency response duty in relation to onshore non-production installations.
These regulations were amended by the Health and Safety at Work (Petroleum Exploration and Extraction) Amendment Regulations 2017 from 15 May 2017. The amendments correct a cross-reference and minor clerical errors.
8.5.3
Health and Safety at Work (Rates of Funding Levy) Regulations 2016
The Health and Safety at Work (Rates of Funding Levy) Regulations 2016 also came into force on 4 April 2016. They prescribe the levy required to be paid by employers and self-employed persons under s 201 of the HSW Act. That section provides that the levy is payable for the recovery of Crown costs associated with WorkSafe carrying out its functions, a designated agency performing or exercising powers under the HSW Act, the Crown administering the relevant health and safety legislation and the collection of the funding levy.
They 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 HSW Act. No changes to levy rates were made.
8.5.4
Health and Safety in Employment Regulations 1995
As mentioned above at [8.1.4], the Health and Safety in Employment Regulations 1995 survived the Health and Safety in Employment Act 1992 when it was revoked by the HSW Act on 4 April 2016.
These regulations are now to be treated as if they were made under the HSW Act (s 4 and sch 1 of the HSW Act). WorkSafe has said that only minor amendments were made to these regulations on 4 April 2016 by the HSW Act 2015 (see pt 2, sch 5 of the HSW Act for a list of the amendments) and the regulations continue in force.
(1)
Increased penalties
However, a notable change is that the HSW Act revokes the offence provision (reg 70) in the HSE Regulations and replaces it with a transitional offence provision in clause 2(4) of sch 1 of the HSW Act. None of the offences contained in the HSE Regulations relate to serious harm. The revoked reg 70 provided that HSE Regulations offences attracted a maximum fine on conviction of $10,000.
The change is that the new transitional provision in clause 2(4) of sch 1 of the HSW Act provides that contravention of any of the provisions of the HSE Regulations 1995 will, on conviction, attract a maximum fine of $50,000, an increase of $40,000 in the maximum fine for similar offences.
(2)
Amendments
From 15 May 2017 the Health and Safety in Employment Amendment Regulations 2017 revoked some redundant provisions of the principal Regulation as they were already dealt with in the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016. The redundant provisions included general duties of employers, overcrowding and raised objects.
8.5.5
Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016
The Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016 replaced and revoked the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 on 4 April 2016. See [8.1.5] for provisions in the old regulations that were saved and for a list of temporary exemptions from the new regulations. WorkSafe has said that only minimal changes were made to the new regulations to align terminology and concepts with the HSW Act and fix some drafting and minor implementation errors in the 2013 regulations.
The new regulations deal with health and safety in underground mines, tunnels and quarries, as did the replaced regulations. They also prescribe requirements concerning competency in relation to safety-critical roles in mining and quarrying operations and alluvial mining operations.
The new mining health and safety regulations also:
• 
set out the safety-critical roles required to be filled in mining operations, quarrying operations, and alluvial mining operations and prescribes duties to hold a certificate of competence for those roles – pt 2;
• 
specifies supervision requirements relating to untrained mine workers and competency requirements relating to inspectors who are appointed under s 163 of the Act and who inspect mining operations – pt 2;
• 
concerns health and safety management systems in mining operations and requires mine operators and site senior executives to ensure that health and safety management systems for mining operations are developed, documented, implemented and maintained – pt 3;
• 
imposes a duty on the site senior executive of a mining operation to carry out an appraisal of the mining operation to identify principal hazards that could create a risk of multiple fatalities and to ensure that a principal hazard management plan is in place to manage the hazards, and contains related provisions – pt 4;
• 
impose a duty on the site senior executive for a mining operation to ensure that the mining operation has a principal control plan, the purpose of which is to document systems and processes in place at the mining operation to manage principal hazards – pt 5;
• 
prescribes duties concerning worker participation practices in the mining sector, including the requirement for worker participation practices to be documented and for industry health and safety representatives to hold a certificate of competence – pt 6;
• 
prescribes specific duties applicable to all mining operations – pt 7;
• 
prescribes specific duties applicable in underground mining operations and tunneling operations – pt 8;
• 
prescribes specific duties applicable in underground coal mining operations – pt 9;
• 
Part 10:
– 
declares the injuries, illnesses, and incidents listed in sch 5 of the HSW Mining Operations Regulations 2016 to be notifiable injuries and illnesses and notifiable incidents for the purposes of the Act;
– 
imposes duties on mine operators to keep records of, disclose information about, and investigate notifiable events (including the notifiable injuries and illnesses and notifiable incidents listed in sch 6);
– 
imposes a duty on mine operators to give written notice to WorkSafe before undertaking high-risk activities; and
– 
imposes a duty on mine operators to give a quarterly report to WorkSafe;
• 
amends the Mines Rescue (Levy) Regulations 2014 (to update terminology) and revokes the 2013 regulations – pt 11.
(1)
Amendments
From 15 May 2017 the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017 amended the principal regulations. The changes included:
• 
clarification that relevant parts of the principal regulations also apply to a holder of a certificate of competence apart from applying to an applicant for a certificate of competence;
• 
clarification that in the case of a cancellation of a certificate of competence in the circumstances described in new reg 40(2), the relevant provisions of reg 45 apply;
• 
8.5.6
Health and Safety in Employment (Pipelines) Regulations 1999
As mentioned above at [8.1.4], the Health and Safety in Employment (Pipelines) Regulations 1999 survived the revocation of the Health and Safety in Employment Act 1992, which they were made under, when that Act was revoked by the HSW Act on 4 April 2016. They are now to be treated as if they were made under the HSW Act (see s 4 and sch 1, HSW Act). Minor amendments were made to these regulations on 4 April 2016 by the HSW Act 2015 (see pt 2, sch 5 of the HSW Act) and the regulations continue in force.
These regulations deal with health and safety in pipeline operations. They apply to pipelines which:
• 
were authorised under the Petroleum Act 1937 (before its repeal); and
• 
any pipeline or proposed pipeline likely to be permanent and used or intended to be used for the conveyance of any mineral, petroleum, geothermal fluid, natural gas, or any other fluid that, at ambient conditions, has inherent properties that may create a significant hazard.
The regulations do not apply to the following:
• 
bulk storage installations;
• 
pipelines that do not go outside the boundary of the plant which they service;
• 
pipelines passing between bulk storage installations and a mode of transport;
• 
any pipeline with a pressure of 2000 kP gauge or less under the control of a gas distributor and used to distribute gas from the boundary of the gasworks or gate station or outlet flange supplying gas for distribution;
• 
any pipeline or part of a pipeline offshore that forms part of an offshore petroleum operation;
• 
any pipeline 150 mm in diameter or less that is not associated with the production of electricity and that contains geothermal fluids; or
• 
pipelines used only to transport water.
The regulations impose duties on employers in relation to:
• 
appointing personnel to manage and supervise operations;
• 
managing hazardous liquids, vapours, and gases;
• 
identifying the location of pipelines;
• 
standards for design, construction, operation, maintenance, suspension, and abandonment;
• 
complying with certificates of fitness;
• 
notifying WorkSafe of certain operations, tests, faults, damage, and incidents;
• 
abandoning pipeline operations;
• 
notifying occupiers of land or controlling authorities;
• 
minimising significant hazards in work carried out on, in, or around pipelines;
• 
notifying the manager of activities likely to adversely affect the structural integrity or operation of a pipeline and create a significant hazard; and
• 
emergency procedures.
8.5.7
Health and Safety in Employment (Pressure Equipment, Cranes, Passenger Ropeways) Regulations 1999
As mentioned at [8.1.4], the Health and Safety in Employment (Pressure Equipment, Cranes, Passenger Ropeways) Regulations 1999 survived the revocation of the Health and Safety in Employment Act 1992, which they were made under, when that Act was revoked by the HSW Act on 4 April 2016. They are now to be treated as if they were made under the HSW Act (see s 4 and sch 1, HSW Act). Minor amendments were made to these regulations on 4 April 2016 by the HSW Act (see pt 2, sch 5, HSW Act) and the regulations continue in force.
The first version of these regulations came into effect in June 1999 – the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999. They replaced the Boilers, Lifts, and Cranes Act 1950 and added some areas not covered by the previous Act.
The regulations aim to ensure the safety of people using pressure equipment, cranes, and passenger ropeways.
Equipment covered by the regulations must be:
• 
designed to be safe in use;
• 
design verified;
• 
manufactured to a verified design;
• 
inspected during manufacture;
• 
periodically inspected, while in service, by a recognised inspection body;
• 
operated safely and not operated unless it has a current certificate of inspection issued by a recognised inspection body;
• 
maintained in a safe condition; and
• 
withdrawn from service and rendered inoperable if found to be unsafe.
To achieve these goals, the regulations place duties on:
• 
controllers (defined in reg 3 as “a person who is the owner, lessee, sub-lessee, or bailee of equipment in a workplace”);
• 
employees;
• 
designers;
• 
manufacturers; and
• 
suppliers.
To administer these regulations, pt 4 provides for:
• 
inspection bodies;
• 
design verifiers;
• 
equipment inspectors; and
• 
qualification issuing agencies.
The requirements for ensuring that safety in the operation of cranes complies with these Regulations are given in the Approved Code of Practice for Cranes (3rd Edition, 2009) <www.worksafe.govt.nz>.
The requirements for ensuring that the safety of pressure equipment complies with the Regulations are given in the Approved Code of Practice for Pressure Equipment (Excluding Boilers) (June 2001, updated 2013), www.worksafe.govt.nz>.
The requirements for boiler staffing levels and operators’ qualifications are given in the Approved Code of Practice for the Design, Safe Operation, Maintenance and Servicing of Boilers, (2000 Edition, updated 2015) <www.worksafe.govt.nz>.
The requirements for ensuring that the safety of passenger ropeways equipment complies with the Health and Safety in Employment (Pressure Equipment, Cranes, Passenger Ropeways) Regulations 1999 are given in the Approved Code of Practice for Passenger Ropeways in New Zealand (1998 Edition, updated 2015) <www.worksafe.govt.nz>.
8.5.8
Future Regulatory Reform
MBIE has begun work on a second phase of regulations to support the HSW Act. At the time of writing, the programme for this had not been released, however indications suggest that there are six priority areas currently being looked at.
These are:
• 
plant and structures – reviewing the regulatory framework for managing risks from working with machinery, equipment and structures (e.g. machinery and equipment, boilers, cranes, fairground rides and mobile plant);
• 
working at height;
• 
noise;
• 
mining and quarrying – implementation review of the mining regulations introduced after the Pike River disaster and a review of the application to quarries;
• 
geothermal; and
• 
vulnerable workers, especially youth.
The timetable for reform may be influenced by the outcome of public consultation on a new Health and Safety at Work Strategy 2018–2028, which closed in June 2018.

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