Operational policies

Our regulatory approach

This policy sets out how we carry out our main role as the primary work health and safety regulator. Its purpose is to be transparent about how we make decisions to intervene, and to guide our practice to be consistent and proportionate.

When we use court orders

This policy sets out how we decide to apply for a court order under section 122 of the Health and Safety at Work Act 2015 (HSWA).

Enforceable undertakings

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

How we work with victims

This policy sets out how we work with victims of
work health and safety and energy safety incidents.

How we set workplace exposure standards and biological exposure indices

This policy explains the role of workplace exposure standards (WES) and biological exposure indices (BEI) produced by WorkSafe and sets out the approach we take to managing and developing them.

Permit compliance framework

This framework covers all of WorkSafe’s permit regimes and includes our authorisations, exemptions, third parties and monitoring functions.

Policy clarification: Our approach to prime mover tank wagons which transport hazardous substances

This policy clarification sets out our approach to managing compliance certification of prime mover tank wagons which transport hazardous substances (prime movers).

Policy clarification: Storing Class 6 and 8 Hazardous Substances

This policy clarification explains the requirements of Part 13 of the Health and Safety at Work (Hazardous Substances) Regulations 2017 that apply to the storage of liquid and solid class 6 (toxic) and class 8 (corrosive) substances above prescribed thresholds.

How we review our statutory decisions

This policy only covers the statutory decisions specified in Appendix 1. It doesn’t cover decisions about whether or not we’ll intervene following a notification or a health and safety concern.

How we make prosecution decisions

This policy sets out our approach to prosecution, including our decision-making process.

Remedial action policy

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

When we use third parties

This policy helps us decide whether we want to use a third-party to administer an authorisations regime on our behalf.

When we recover costs

This policy sets out our approach to seeking costs under the Health and Safety at Work Act 2015 (HSWA), the Electricity Act 1992, the Gas Act 1992 or the Hazardous Substances and New Organisms Act 1996 (HSNO).

How we approve methods for working with asbestos

This policy sets out how we use our authority to approve methods for managing the risk associated with asbestos at workplaces and how we treat these methods once approved.

Policy clarification: What we mean by adventure activity

Here we explain what we mean by an 'adventure activity' so operators, the Registrar, and WorkSafe inspectors can determine if an operation is an adventure activity.

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.

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

PCBUs, including PCBUs that own or occupy buildings, must identify and manage risks in the place of work so far as is reasonably practicable, including seismic risks.

Policy clarification: How we regulate contaminated land

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

How we administer the adventure activities regime

This policy outlines how we administer the adventure activities regime.

How we use search warrants and production orders

This policy sets out the approach we take to using search warrants or production orders under the Search and Surveillance Act 2012 (SSA).

How we apply Adventure Activity regulation 8A

This policy sets out how we apply Regulation 8A in the Health and Safety (Adventure Activities) Regulations 2016.

Decision-making framework: How we decide to invest in standard projects

The purpose of this Framework is to ensure that decisions about investing in standards are consistent, transparent and defensible.

What we expect from third parties and what they can expect from us

This policy clarifies what we expect of third parties in an authorisation regime and what they can expect from us.

Policy clarification: What we mean by ‘protected place’ and ‘public place’

The Health and Safety at Work (Hazardous Substances) Regulations 2017 (the Regulations) require some classes and quantities of hazardous substances to be separated from ‘protected places’ and/or ‘public places’.

How we respond to hazardous substances emergencies

This policy clarifies how we’ll respond to situations involving hazardous substances that may justify the use of certain Acts' imminent danger powers and/or emergency powers.

Hazardous substances – disposal controls and ecotoxic controls

This policy sets out how we respond when a PCBU isn’t compliant with hazardous substances disposal controls 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.

Policy clarification: What we mean by hazardous waste

This policy clarification sets out how we define hazardous waste and what your responsibilities are.

Policy clarification: Amusement devices

This policy clarification sets out our expectations of outdoor go karting operations and amusement device operators.

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: Crush protection devices on quad bikes

This 2019 policy clarification sets out WorkSafe’s expectations about installing crush protection devices (CPDs) on quad bikes used for work.

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.

What residential landlords need to do to manage asbestos

This policy clarification sets out when residential landlords have a duty to identify asbestos and prepare an asbestos management plan.

How we do fit and proper person assessments (Hazardous substances)

This policy explains how we decide if an applicant is fit and proper to hold a controlled substance licence or be a compliance certifier under the Health and Safety at Work (Hazardous Substances) Regulations 2017 (the Regulations).

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.

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.

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.

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.

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.

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.

Referring to standards in regulation and guidance

This policy describes our approach to referring to standards in guidance and regulation, what to consider when providing advice about incorporating a standard by reference and accessibility and quality requirements.

How we interpret ‘public railway’

This policy sets out how we interpret ‘public railway’ in the context of a ‘protected place’ under the Health and Safety at Work (Hazardous Substances) Regulations 2017 (the Regulations).

How we delegate regulatory functions and powers

This policy covers how we set, use, and manage our regulatory delegations.

How we apply our discretion in designating major hazard facilities

This policy outlines how we use our discretion to designate an existing or proposed lower tier major hazard facility (MHF) as an upper tier MHF.

Operational policies

Operational policies

Our regulatory approach

When we use court orders

Enforceable undertakings

How we work with victims

How we set workplace exposure standards and biological exposure indices

Permit compliance framework

Policy clarification: Our approach to prime mover tank wagons which transport hazardous substances

Policy clarification: Storing Class 6 and 8 Hazardous Substances

How we review our statutory decisions

How we make prosecution decisions

Remedial action policy

When we use third parties

When we recover costs

How we approve methods for working with asbestos

Policy clarification: What we mean by adventure activity

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

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

Policy clarification: How we regulate contaminated land

How we administer the adventure activities regime

How we use search warrants and production orders

How we apply Adventure Activity regulation 8A

Decision-making framework: How we decide to invest in standard projects

What we expect from third parties and what they can expect from us

Policy clarification: What we mean by ‘protected place’ and ‘public place’

How we respond to hazardous substances emergencies

Hazardous substances – disposal controls and ecotoxic controls

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

Policy clarification: What we mean by hazardous waste

Policy clarification: Amusement devices

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

Policy clarification: Crush protection devices on quad bikes

Policy clarification: Carrying passengers on single seat quad bikes

What residential landlords need to do to manage asbestos

How we do fit and proper person assessments (Hazardous substances)

Compliance certifier audit

Authorising compliance certifiers

Controlled substances licences

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

Authorising test stations, recognised inspection agencies and cylinder matching

Endorsing guidance and education products policy

Investigation of hazardous substances authorisations

Sponsorship

Consultation policy

Referring to standards in regulation and guidance

How we interpret ‘public railway’

How we delegate regulatory functions and powers

How we apply our discretion in designating major hazard facilities

Links