Operational policies

Court orders policy

Explains how WorkSafe can use Court Orders to ensure sustained compliance, prevent harm from occurring, and deter non-compliance with notices

Enforceable undertakings

This policy sets out WorkSafe’s approach to enforceable undertakings under the Health and Safety at Work Act 2015 (HSWA).

Prosecution policy

This policy describes how we decide to initiate a prosecution following an investigation, inspection or assessment.

Remedial action policy

This policy outlines the approach WorkSafe will adopt when considering whether to take remedial action.

Reviews policy

This policy is for internal operational use and will guide staff in how to make good decisions when conducting reviews, which are: lawful; reasonable; and fair.

Worker engagement, participation and representation policy

This operational policy helps inspectors and their managers understand WorkSafe’s expectations of them when carrying out their powers and functions under the provisions specified in the Health and Safety at Work Act 2015.

Other sentencing options policy: Options for non-financial court orders

This policy describes the approach WorkSafe will take when we are considering a sentencing submission to the court so that we offer an appropriate and consistent approach on other sentencing options. It also covers our post-sentencing enforcement of court orders.

Hazardous substances emergencies

This policy outlines how we’ll respond when we face a situation involving hazardous substances that might justify the use of Health and Safety at Work Act 2015 (HSWA) imminent danger powers and/or Hazardous Substances and New Organisms Act 1996 (HSNO) emergency powers.

Hazardous substances disposal controls and ecotoxic controls

This policy clarifies how we’ll respond to situations in which a PCBU may not be complying with disposal controls and/or ecotoxic controls.

Policy clarification: Meeting the duty to indicate the presence and location of asbestos at work

This policy clarification explains our view of the duty to indicate the presence and location of asbestos and asbestos-containing material (ACM) in the workplace.

Dealing with earthquake-related health and safety risks: information for PCBUs and building owners

This policy clarification explains when WorkSafe may intervene with regard to earthquake-related health and safety risks.

Policy clarification: Crush protection devices on quad bikes

This policy clarification sets out WorkSafe’s expectations about installing crush protection devices (CPDs) on quad bikes used for work.

Policy clarification: Contaminated land and the Health and Safety at Work (Hazardous Substances) Regulations 2017

This policy clarification is for people who own contaminated land and those whose work involves the assessment, management and remediation of contaminated land.

Policy clarification: Information for people building a house or working on their own home

The primary piece of legislation governing health and safety in New Zealand is the Health and Safety at Work Act 2015 (HSWA). Policy clarifications set out WorkSafe’s view of HSWA in relation to a clearly defined sector, a particular set of circumstances, or a specific function.

Policy clarification: Notification requirements for events arising from medical treatment

This policy clarification sets out WorkSafe's view of HSWA in relation to the notification requirements for events arising from medical treatment.

Policy clarification: Residential and in-home care

This policy clarification outlines how we will manage and respond to health and safety-related concerns or notifications in the residential and in-home care sector.

Policy clarification: Carrying passengers on single seat quad bikes

This policy clarification sets out our expectations regarding the carriage of passengers on single seater quad bikes. Carrying a passenger on a single seater quad bike should be avoided; it is the exception, not the rule.

Policy clarification: Residential landlords and asbestos

Under HSWA landlords must ensure that, when work is carried out at their property, it is done safely and without endangering workers or others, including tenants.

Policy clarification: Recreational access and the Health and Safety at Work Act (2015)

There’s often uncertainty about how the Health and Safety at Work Act (2015) (HSWA) applies when people access land for recreation. This policy clarification explains our view on the responsibilities of the PCBU and visitors, and how we'll manage and respond to related concerns.

Fit and proper person assessment

This operational policy sets out the high-level approach that WorkSafe will take to fit and proper person assessments under the Health and Safety at Work (Hazardous Substances) Regulations 2017.

Compliance certifier audit

This policy describes WorkSafe’s approach to compliance certifier audits. The policy sets out a risk-based approach to assessing the certification decisions and functions undertaken by the compliance certifier.

Investigation of hazardous substances authorisations

This operational policy provides guidance to staff and a consistent, transparent approach in WorkSafe’s response to complaints and investigation of authorisations.

Authorising compliance certifiers

This policy provides direction on how WorkSafe will effectively carry out its regulatory functions in relation to compliance certifiers.

Controlled substances licences

This operational policy outlines the approach WorkSafe will take to administering the CSL authorisation regime.

Authorising test stations, recognised inspection agencies and cylinder matching

This policy is designed to provide a framework for WorkSafe’s decision-making when authorising cylinder inspection and testing agencies, appraising cylinders for certificate exemptions and for the general cylinder provisions described below.

Endorsing guidance and education products policy

This policy provides information to anyone wanting us to consider endorsing their guidance or education product. It describes the approach we will take when we receive a request to endorse.

Sponsorship

This policy outlines WorkSafe's approach to sponsorship requests and provides information to anyone wanting us to consider entering into a sponsorship agreement.

Consultation policy

This consultation policy sets out the principles of WorkSafe in relation to written consultation.

Cost recovery

This policy outlines how we will recover, so far as is reasonably practical, the regulator’s costs from parties where a breach has occurred, and where mandated under the Health and Safety at Work Act 2015 (HSWA).