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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters


Schedule 1 Interpretation

Schedule 1
Interpretation
Reg 2
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 (24 June 1999 to 3 April 2016)

Act means the Health and Safety in Employment Act 1992:
activity, in relation to equipment, means any of the following:
(a)
adjustment:
(b)
alteration:
(c)
commissioning:
(d)
construction:
(e)
disposal:
(f)
design:
(g)
design verification:
(h)
equipment inspection:
(i)
installation:
(j)
investigation:
(k)
maintenance:
(l)
manufacture:
(m)
operation:
(n)
repair:
(o)
testing:
aerosol has the meaning given to it by [regulation 15.1 of the Health and Safety at Work (Hazardous Substances) Regulations 2017]

History Note - Regulations of New Zealand

“aerosol”: this definition was inserted, as from 16 October 2008, by reg 4 Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Amendment Regulations 2008 (SR 2008/314).
“aerosol”: this definition was amended, as from 1 December 2017, by reg 4(1) Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Amendment Regulations 2017 (LI 2017/223) by substituting “regulation 15.1 of the Health and Safety at Work (Hazardous Substances) Regulations 2017” for “regulation 3 of the Hazardous Substances (Compressed Gases) Regulations 2004”.

Historical Versions - Regulations of New Zealand

Show the historical version (16 October 2008 to 30 November 2017)

aerosol has the meaning given to it by regulation 3 of the Hazardous Substances (Compressed Gases) Regulations 2004
aerosol dispenser has the meaning given to it by [regulation 15.1 of the Health and Safety at Work (Hazardous Substances) Regulations 2017]

History Note - Regulations of New Zealand

“aerosol dispenser”: this definition was inserted, as from 16 October 2008, by reg 4 Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Amendment Regulations 2008 (SR 2008/314).
“aerosol dispenser”: this definition was amended, as from 1 December 2017, by reg 4(1) Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Amendment Regulations 2017 (LI 2017/223) by substituting “regulation 15.1 of the Health and Safety at Work (Hazardous Substances) Regulations 2017” for “regulation 3 of the Hazardous Substances (Compressed Gases) Regulations 2004”.

Historical Versions - Regulations of New Zealand

Show the historical version (16 October 2008 to 30 November 2017)

aerosol dispenser has the meaning given to it by regulation 3 of the Hazardous Substances (Compressed Gases) Regulations 2004
alteration
(a)
means changing the design of, adding to, or taking elements away from equipment; and
(b)
includes the relocation of non-mobile equipment, but
(c)
does not include repairs, replacements, or routine maintenance:
attended boiler means a boiler that is under the direct control of a qualified operator at all times when steam is being raised or is being taken from the boiler:
Boiler
(a)
Means a device—
(i)
Most of which is an arrangement of pressure containment parts; and
(ii)
The purpose of which is to generate steam—
(A)
By the use of a directly applied combustion process; or
(B)
By the application of heated gases; and
(b)
Includes any of the following:
(i)
Boiler piping:
(ii)
Combustion equipment:
(iii)
Combustion management systems:
(iv)
Controls:
(v)
Economisers:
(vi)
Fans:
(vii)
Feed and circulating pumps:
(viii)
Pressure fittings:
(ix)
Reheaters:
(x)
Superheaters:
(xi)
Supports:
(xii)
Water level management systems; but
(c)
Does not include a hot water boiler:
Boiler piping
(a)
Means piping forming part of a boiler and extending to the isolating device for the boiler; and
(b)
Includes blowdown piping, feed water piping, fuel supply piping, safety device discharge piping, steam piping, and the supports of boiler piping:
Certificate of competence has the meaning given to it by regulation 35(1):
Certificate of design verification means a certificate issued under regulation 30 that complies with regulation 31:
Certificate of inspection means a certificate issued or renewed under regulation 32 that complies with regulation 33. In the case of an in-house inspection body, the certificate may take the form of a computer record created by that body on the recommendation of the equipment inspector:
crane
(a)
Means a powered device—
(i)
That is equipped with mechanical means for raising or lowering loads suspended by means of a hook or other load-handling device; and
(ii)
That can, by the movement of the whole device or of its boom. jib, trolley or other such part, re-position or move suspended loads both vertically and horizontally; and
(b)
Includes all parts of the crane down to and including the hook or load-handling device, and all chains, rails, ropes, wires, or other devices used to move the hook or load-handling device; but
(c)
Does not include lifting gear that is not an integral part of the crane:
current means for the time being in force; and currently has a corresponding meaning:
cylinder has the meaning given to it by [regulation 3(1) of the Health and Safety at Work (Hazardous Substances) Regulations 2017]

History Note - Regulations of New Zealand

“cylinder”: this definition was inserted, as from 16 October 2008, by reg 4 Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Amendment Regulations 2008 (SR 2008/314).
“cylinder”: this definition was amended, as from 1 December 2017, by reg 4(2) Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Amendment Regulations 2017 (LI 2017/223) by substituting “regulation 3(1) of the Health and Safety at Work (Hazardous Substances) Regulations 2017” for “regulation 3 of the Hazardous Substances (Compressed Gases) Regulations 2004”.

Historical Versions - Regulations of New Zealand

Show the historical version (16 October 2008 to 30 November 2017)

cylinder has the meaning given to it by regulation 3 of the Hazardous Substances (Compressed Gases) Regulations 2004
design includes redesign:
design verification means verification that the following comply, in every respect related to safety, with the requirements of the appropriate design standards and contain every safety feature that is relevant, whether or not referred to in those standards:
(a)
Designs of equipment, and
(b)
Alterations to designs, affecting the structural strength or safety of equipment, made in the course of manufacture; and
(c)
Designs of a repair or alteration affecting the operational safety of the equipment repaired or altered or any other equipment; and
(d)
The fabrication inspection requirements specified by the designer:
Design verifier means a person who—
(a)
Is employed or engaged by an inspection body to carry out the functions referred to in regulation 26, and
(b)
Is the holder of a relevant certificate of competence:
Designer means a designer of equipment that could reasonably be expected to be operated in a place of work:
Equipment inspection means an inspection carried out by an equipment inspector that—
(a)
Is carried out to determine whether equipment is safe and is likely to remain safe; and
(b)
Takes place in 1 or more of the following periods:
(i)
The period in which the equipment, or its component parts, is manufactured:
(ii)
The period after the manufacture and before the commissioning of equipment:
(iii)
The period after the commissioning of equipment:
(iv)
The period after a repair or alteration to which regulation 11 applies:
(v)
The period after maintenance, or an adjustment, alteration, or repair, to which regulation 13 applies:
Equipment inspector means a person who—
(a)
Is employed or engaged by an inspection body to carry out the functions referred to in regulation 27, and
(b)
Is the holder of a relevant certificate of competence:
Fabrication inspection means inspection of equipment during the process by which it, or its component parts, is manufactured:
Fired heater
(a)
Means a device, not including a boiler or hot water boiler,—
(i)
Most of which is an arrangement of pressure containment parts; and
(ii)
Which heats gases or liquids at pressures exceeding 50 kPag—
(a)
By the use of a directly applied combustion process; or
(b)
By the application of heated gases; and
(b)
Includes any of the following that is necessary to ensure the pressure integrity of the device or its safe operation:
(i)
Circulation pumps:
(ii)
Combustion equipment:
(iii)
Combustion management systems:
(iv)
Controls:
(v)
Fans:
(vi)
Piping:
(vii)
Pressure fittings:
(viii)
Supports:
Gas
(a)
Includes—
(i)
Air:
(ii)
Hydrocarbon vapour:
(iii)
A substance that is a gas at standard ambient conditions, but that is for the time being in solid or liquid form while being processed, stored, transported, or used:
(iv)
A substance that is a gas when not dissolved in a liquid solvent, but that is for the time being dissolved in a liquid solvent:
(v)
A mixture of gases (whether or not the gases or the mixture also includes steam); but
(b)
Does not include steam (except in a mixture of gases):
Hazard level, in relation to equipment, means the hazard level determined by the designer:
Hot water boiler
(a)
Means a device—
(i)
Most of which is an arrangement of pressure containment parts; and
(ii)
That does not produce or contain steam; and
(iii)
The purpose of which is to heat water at pressures exceeding 200 kPag and temperatures exceeding 100°C—
(A)
By the use of a directly applied combustion process; or
(B)
By the application of heated gases; and
(b)
Includes any of the following that is necessary to ensure the pressure integrity of the device or its safe operation:
(i)
Boiler piping:
(ii)
Combustion equipment:
(iii)
Combustion management systems:
(iv)
Controls:
(v)
Controls for water temperature and flow:
(vi)
Fans:
(vii)
Pressure fittings:
(viii)
Pumps:
(ix)
Supports; but
(c)
Does not include a device of a kind that could reasonably be expected to be used only for domestic water heating:
In-house inspection body means an inspection body that—
(a)
Is part of an organisation that designs, manufactures, or controls equipment; and
(b)
Has a separate identity within the organisation; and
(c)
Has a reporting path that ensures adequate segregation of responsibilities and accountabilities in the provision of inspection services:
Inspection body means—
(a)
An organisation currently recognised under regulation 25; and
(b)
In relation to a design verifier or equipment inspector, the inspection body by which the design verifier or equipment inspector is employed or engaged:
Lifting gear, in relation to a crane,—
(a)
Means a device used—
(i)
To attach the load to the hook or load-handling device; or
(ii)
To control the load independently of the hook or load-handling device; or
(iii)
As a container for the load; and
(b)
Includes lifting beams, lifting frames, spreaders, or similar devices that are not an integral part of the crane:
Limited attendance boiler means a boiler that—
(a)
May be started up or shut down automatically or under manual control; and
(b)
When operating, is checked at regular intervals by the holder of a relevant certificate of competence, who is on site and within range of the boiler's audible or visual alarms at all times; and
(c)
May be brought at any time under the direct control of a holder of a relevant certificate of competence:
Liquid means a substance that is normally a liquid at atmospheric pressure and 20°C:
Load-handling device, in relation to a crane,—
(a)
Means a device—
(i)
That is an integral part of the crane; and
(ii)
That may substitute for the hook; and
(b)
Includes lifting beams, lifting frames, and spreaders or similar devices, and associated chains, pins, pulley blocks, pulley frames, ropes, shackles, twist locks, and wires:
Maintenance includes servicing:
Manufacture means to manufacture equipment that could reasonably be expected to be operated in a [workplace], and manufacture as a noun has a corresponding meaning:

History Note - Regulations of New Zealand

“manufacture”: 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 (24 June 1999 to 3 April 2016)

Manufacture means to manufacture equipment that could reasonably be expected to be operated in a place of work, and manufacture as a noun has a corresponding meaning:
Manufacturer means a manufacturer of equipment that could reasonably be expected to be operated in a [workplace]:

History Note - Regulations of New Zealand

“manufacturer”: 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 (24 June 1999 to 3 April 2016)

Manufacturer means a manufacturer of equipment that could reasonably be expected to be operated in a place of work:
Operate, in relation to equipment,—
(a)
Means to use the equipment; and
(b)
Includes making the equipment available for use, whether by hiring or otherwise;—
and operation has a corresponding meaning:
Passenger ropeway means a cableway or ropeway—
(a)
To which the motion of machinery is transmitted; and
(b)
That is or could be used for conveying in a horizontal or inclined plane persons who are—
(i)
On skis; or
(ii)
Supported by chairs; or
(iii)
In enclosed cars that are—
(A)
Attached to or supported by a moving cable or rope; or
(B)
Attached to a moving cable or rope but supported by a standing cable or rope or some other overhead structure:
Pipeline
(a)
Means—
(i)
A pipeline authorised under the Petroleum Act 1937; or
(ii)
A pipeline or proposed pipeline likely to be permanent and used or intended to be used for the conveyance of a geothermal fluid, mineral, natural gas, petroleum, or any other fluid that, at ambient conditions, has inherent properties that may create a significant hazard; and
(b)
Includes part of a pipeline or proposed pipeline, including—
(i)
A directly associated fitting, pig launcher, or receiver; and
(ii)
A pressure vessel and its associated appurtenances, including a coalescer, compressor, filter, separator, or pulsation bottle; and
(iii)
A natural gas cooler associated with a pipeline compressor, pump, or tank; and
(iv)
An appurtenance required for the conveyance of the product or material in the pipeline or for its safe operation:
Piping components means—
(a)
Bolting, fittings, flanges, gaskets, pipes, supports, tubing, and valves:
(b)
Mechanical elements that are or could be assembled or joined to form pressure piping systems:
(c)
Dryers, expansion joints, flexible joints, pressure hoses, strainers, traps, or similar devices—
(i)
That are associated with a kind of pressure equipment the purpose of which is to contain all or any of the following:
(A)
Gases at pressures exceeding 50 kPag; or
(B)
Liquids at pressures exceeding 50 kPag; or
(C)
Steam; and
(ii)
Including all items and safety devices that are necessary to maintain the safety of the kind of pressure equipment, whether the kind of pressure equipment stands alone or is part of an operating system:
Pressure means pressure above the atmospheric pressure:
Pressure containment parts includes coils, drums, interconnecting parts, tubes, and vessels:
Pressure equipment means a boiler, boiler piping, compressor, fired heater, gas turbine, hot water boiler, piping component, pressure fittings, pressure piping, pressure vessel, pump, steam engine, or steam turbine:
Pressure fittings
(a)
Means fittings that are associated with a kind of pressure equipment the purpose of which is to contain all or any of the following:
(i)
Gases at pressures exceeding 50 kPag; or
(ii)
Liquids at pressures exceeding 50 kPag; or
(iii)
Steam; and
(b)
Includes all mountings, pressure gauges, safety devices, valves, and other articles necessary to maintain the safety of the pressure equipment, whether the pressure equipment stands alone or is part of an operating system:
Pressure piping
(a)
Means an assembly of piping components the purpose of which is to convey fluid, or transmit a fluid pressure, for any of the following or any combination of them:
(i)
Gases at pressures exceeding 50 kPag; or
(ii)
Liquids at pressures exceeding 50 kPag; or
(iii)
Steam; and
(b)
Includes all pressure relief discharge piping up to the point of release; and
(c)
Includes all supports for pressure piping necessary to maintain the safety of the pressure equipment, whether the pressure equipment stands alone or is part of an operating system:
pressure relief means the controlled and automatic relief of pressure to a safe disposal location or system by the operation of a safety device:
pressure vessel
(a)
means an unfired vessel the purpose of which is to hold, process store, transport, or use all or any of the following:
(i)
cases at pressures exceeding 50 kPag:
(ii)
liquids at pressures exceeding 50 kPag:
(iii)
steam; and
(b)
includes all fittings, mountings, piping, and supports necessary to maintain the safety of the pressure vessel, whether the pressure vessel stands alone or is part of an operating system; and
(c)
includes vessels heated by electricity or heated by a hot gas or liquid; but
(d)
does not include fixed roofed or floating roofed storage tanks:
qualification issuing agency means an agency currently recognised under regulation 29(2):
quality management system means a system to which regulation 28(1) applies:
redesign means—
(a)
to make an alteration to a design, affecting the structural strength or safety of equipment, in the course of manufacture; or
(b)
to design a repair or alteration affecting the operational safety of the equipment repaired or altered or any other equipment.—
and redesign as a noun has a corresponding meaning:
repair
(a)
means restoring equipment to a safe operating condition; but
(b)
does not include alterations, replacements, or routine maintenance:
safety device
(a)
means any kind of device, item, or system—
(i)
that is used in or on equipment; and
(ii)
that controls or monitors an aspect of the safety of the equipment; and
(b)
includes a bursting disc, pressure relief device, safety valve, or other similar device:
specified activity. in relation to equipment, means any of the following:
(a)
design verification:
(b)
equipment inspection:
(c)
operation of an attended or limited attendance boiler:
steam means water vapour at a pressure equal to or greater than atmospheric pressure and a temperature equal to or greater than 100°C:
supplier
(a)
means a person who supplies or imports equipment that could reasonably be expected to be operated in a [workplace]; and
(b)
includes a person who sells or hires, or offers for sale or hire, equipment that could reasonably be expected to be operated in a [workplace]:

History Note - Regulations of New Zealand

“supplier”: 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” in each place where it appears. 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 (24 June 1999 to 3 April 2016)

supplier
(a)
Means a person who supplies or imports equipment that could reasonably be expected to be operated in a place of work; and
(b)
Includes a person who sells or hires, or offers for sale or hire, equipment that could reasonably be expected to be operated in a place of work:
third party inspection body means an inspection body independent of the designer, manufacturer, or controller for whom design verification or equipment inspection is carried out:
type fault means a fault inherent in a particular kind of equipment, resulting from deficiencies in the design or manufacturing process, that may cause the equipment to cause serious harm to a person:
unattended boiler means a boiler that can start up, operate, and shut down only under—
(a)
the control of the boiler management system; and
(b)
the monitoring of the safety system.
water capacity has the meaning given to it by [regulation 15.1 of the Health and Safety at Work (Hazardous Substances) Regulations 2017].

History Note - Regulations of New Zealand

“water capacity”: this definition was inserted, as from 16 October 2008, by reg 4 Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Amendment Regulations 2008 (SR 2008/314).
“water capacity”: this definition was amended, as from 1 December 2017, by reg 4(1) Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Amendment Regulations 2017 (LI 2017/223) by substituting “regulation 15.1 of the Health and Safety at Work (Hazardous Substances) Regulations 2017” for “regulation 3 of the Hazardous Substances (Compressed Gases) Regulations 2004”.

Historical Versions - Regulations of New Zealand

Show the historical version (16 October 2008 to 30 November 2017)

water capacity has the meaning given to it by regulation 3 of the Hazardous Substances (Compressed Gases) Regulations 2004.

From Employment Law - Occupational Safety & Health

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