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Glossary Meaning of terms A number of terms that are used throughout the Health and Safety in Employment Act have been deleted, added, or have had their wording changed. The following terms have been affected by amendments made to the Act:
"Accident" means an event that- The second part of this definition means that what are sometimes referred to as "near misses" are covered. The term's most important use is in relation to the recording and reporting of accidents. 2A All practicable steps (1) In this Act, all practicable steps in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to-
(2) To avoid doubt, a person required by this Act to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about. The phrase all practicable steps is important, and qualifies many of the duties in the Health and Safety in Employment Act. It specifies a level of reasonable endeavour, not perfection. This phrase applies to the general duties that must be carried out by employers, employees, self-employed people, people in control of workplaces, and principals (people who engage contractors to carry out work for them). Subsection (2) of the definition of all practicable steps was added by the Health and Safety in Employment Amendment Act 2002 to confirm that people are responsible for taking all practicable steps only in circumstances they know or ought reasonably to know about. Go To
"Compliance order" means an order that is made under section 137 of the Employment Relations Act 2000. A Department of Labour inspector or any other person can apply to the Employment Relations Authority for a compliance order for breach of the employee participation provisions of the Health and Safety in Employment Act. The compliance order will require the person to do a specified thing or to cease a specified activity, for the purpose of preventing further non-observance of, or non-compliance with, the employee participation provisions. Go To "Contractor" means a person engaged by any person (otherwise than as an employee) to do any work for gain or reward. Contractors are often referred to as independent contractors. Go To
"Employee", subject to sections 3C to 3E, means a person of any age employed by an employer to do any work (other than residential work) for hire or reward under a contract of service and, and in relation to any employer, means an employee of the employer. This essentially covers anyone who works for an employer under an employment agreement. The definition of employee is supplemented by the following sections of the Act:
The effect of these sections is to extend the application of the Act to volunteers, persons receiving on the job training or gaining work experience, and loaned employees. These are people who might not otherwise be considered "employees", because they are not working for hire or reward. Therefore, like other employees, those persons described in sections 3C to 3E have rights and obligations in relation to workplace health and safety. Go To
"Employer", subject to sections 3C to 3E, 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. The definition of employer is also affected by the following sections of the Act:
The effect of these sections is to extend the application of the Act to volunteers, persons receiving on the job training or gaining work experience, and loaned employees. These are people who might not otherwise be considered "employees", because they are not working for hire or reward. Therefore, employers have health and safety obligations in relation to employees, including those persons in sections 3C to 3E. Go To
"Enforcement action" means, - (a) in relation to an inspector- Both Department of Labour inspectors and other persons can:
However, only an Department of Labour inspector can issue an infringement notice under the Act. Go To "Harm" - (a) means illness, injury, or both; and Harm includes not only physical illness or injury, but also mental illness or injury caused by work-related stress. Corresponding meanings apply to the terms harmed, to harm, and unharmed. Go To
"Hazard" - (a) 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
The concept of a hazard is central to the Act's focus on preventing harm. Hazards must be systematically identified and managed. Hazards can:
The term hazardous has a corresponding meaning. Go To
"Hazard Notice" means a notice that- (a) describes a hazard identified in a place of work; and Only a trained health and safety representative can issue a hazard notice. Hazard notices are intended to act as a communication tool between trained health and safety representatives and their employers for the management of health and safety in the workplace. They are not enforceable. Go To
"Health and safety committee" means a committee established to support the ongoing improvement of health and safety in a place of work Such committees are not required but they are often a useful way of involving employees in health and safety issues. Go To
Health and safety representative "Health and safety representative" means an employee elected, as an individual or as a member of a health and safety committee or both, to represent the views of employees in relation to health and safety at work. There is no requirement to have health and safety representatives as part of an agreed employee participation system. However, they are an effective mechanism for achieving employee involvement in health and safety issues. Go To
"Improvement notice" means a notice under subsection (1) or subsection (2) of section 39 of this Act. An Department of Labour inspector can issue an Improvement Notice if he or she believes a person is not complying with their health and safety duties under the Act. The notice must
The notice may, but does not have to, specify steps that you could take to comply. Failure to comply with an Improvement Notice is an offence for which a person may be issued an Infringement Notice or prosecuted. Go To
"Infringement notice" means a notice given under section 56B. These are sometimes referred to as instant fines. An Department of Labour inspector will issue an infringement notice if:
A Department of Labour inspector can issue an infringement notice for any breach of the Act. Infringement notices will be issued for clear breaches of the Act in cases where the inspector considers that prosecution is not warranted. An infringement notice informs a person that they have breached the Act, and that they are required to pay a penalty. Only an Department of Labour inspector can issue an infringement notice. Go To
Matter, in sections 54, 54A, 54C, 54E, and 56C, means-
The term "matter" is used:
Go To New Zealand includes all waters and airspace within the territorial limits of New Zealand. This definition of New Zealand is relevant to the coverage of aircrew and crew on board ships. It is included to make sure that aircraft in the sky above New Zealand and ships in the sea within New Zealand's territorial limits are covered. Go To New Zealand ship has the same meaning as in section 2(1) of the Ship Registration Act 1992. The definition in section 2(1) of the Ship Registration Act 1992 reads: This definition is relevant to who is covered by the Act when working on board a ship. All those working on board New Zealand ships under a New Zealand employment agreement or contract for services are covered. Go To Person who controls a place of work Person who controls a place of work in relation to a place of work, means a person who is- (a) The owner, lessee, sublessee, occupier, or person in possession, of the place or any part of it; or This definition covers those people who are responsible for places where work is done, or plant in the place. Go To
Place of work means 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 The definition of "place of work" is broad, to cover all the sorts of places where people work. It was amended to confirm that people who work in vehicles and people who are mobile in the course of their work are still covered by the Act. Go To
Plant includes - Principal means a person who or that engages any person (otherwise than as an employee) to do any work for gain or reward. Go To
Prohibition notice means a notice under section 41(1) of this Act. A notice under section 41(1) is a notice from an inspector that requires a person to stop doing certain things that may cause serious harm to anyone. Go To
"Residential work", in relation to the occupier of a home, means-- (a) Domestic work done or to be done in the home; or People who employ or engage others to do residential work on or in their own home do not have responsibilities under the Act in relation to that work. Go To
Safe - Serious harm, means death, or harm of a kind or description declared by the Governor-General by Order in Council to be serious for the purposes of the Act; and "seriously harmed" has a corresponding meaning. Until such an Order in Council is made, the following types of harm are defined in Schedule 1 as "serious harm" for the purposes of the Act:
The definition of serious harm is relevant to employers' duties to manage hazards, notification requirements, employees' rights to refuse to do dangerous work, and inspectors' powers to issue prohibition notices. Go To
Ship means every description of boat or craft used in navigation, whether or not it has any means of propulsion; and includes- Go To Significant hazard means a hazard that is an actual or potential cause or source of - The definition of significant hazard is relevant to:
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Trained health and safety representative Trained health and safety representative means a health and safety representative who has achieved a level of competency in health and safety practice specified by the Minister by notice in the Gazette or who has completed an appropriate course approved under section 19G. Go To
Union has the same meaning as in section 5 of the Employment Relations Act 2000. In the Employment Relations Act, a "union" is a union registered under that Act. Volunteer- This definition:
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