Operational policies

How we regulate

This policy sets out how we regulate the work health
and safety system and the energy safety system - our health and safety system.

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).

When we intervene

This policy sets out how we decide whether to intervene once we’re aware of a work health and safety or energy safety risk or harm.

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.

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.

Prosecution policy

This policy describes the high level approach WorkSafe uses regarding prosecution.

How we administer the adventure activities regime

This policy outlines how we administer the adventure activities regime.

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).

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.

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).

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.

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: What is hazardous waste and what we expect of you

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

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: Amusement devices

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

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.

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.

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: 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: 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.

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.

Authorising compliance certifiers

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

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.

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.

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.

Policy clarification: Public railways

This policy clarification makes it clear what we mean by ‘public railway’ in the context of a ‘protected place’ under the Regulations.

How we do Duty Holder Reviews

This policy sets out our approach to Duty Holder Reviews, and our expectations of duty holders we work with on a Duty Holder Review.

How we delegate regulatory functions and powers

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