;

Compliance certifiers carry out important regulatory functions. The purpose of performance standards is to set out the information and process requirements that compliance certifiers are required to follow when they undertake those functions. Compliance certifiers are regularly audited to ensure they comply with performance standards.

WorkSafe has issued four performance standards:

Information and Process Requirements for Compliance Certifiers

Under this performance standard, a compliance certifier must:

  • establish, document, and maintain processes that are necessary to enable the compliance certifier to perform the functions of a compliance certifier
  • establish and maintain records showing the decisions of a compliance certifier, and the basis for making them
  • be able to demonstrate:
    • that every person employed or engaged to assist the compliance certifier in the performance of their functions by conducting relevant inquiries, inspections, assessments, or examinations is competent to carry out those inquiries, inspections, assessments, or examinations
    • they have complied with performance standards, and have considered the impact of requirements in safe work instruments, and other relevant material concerning the functions of a compliance certifier
  • communicate regularly with applicants to keep them informed of the functions that are being carried out by the compliance certifier.
PDF
Health and Safety at Work (Hazardous Substances—Information and Process Requirements for Compliance Certifiers) Performance Standard 2019 (PDF 390 KB)

2023 amendment

WorkSafe New Zealand issued an amendment to clause 11 of the above performance standard which from 1 May 2023:

  • requires compliance certifiers to provide specific information about a refusal to issue a compliance certificate.
  • mandates the use of a particular form, and
  • requires notification within 15 working days of the decision to refuse a compliance certificate.

Both performance standards should be read together with the amendment replacing clause 11 of the 2019 performance standard. The amendment, prescribed notification form, and supporting information for the form are available at the links below.

PDF
Health and Safety at Work (Hazardous Substances—Information and Process Requirements for Compliance Certifiers) Amendment Performance Standard 2023 (PDF 144 KB)
PDF
Form: Notification of refusal to issue a compliance certificate under HSWA (PDF 217 KB)
PDF
Guidance: Notification of refusal to issue a compliance certificate (PDF 151 KB)

Certified Handler of Class 6 Substances Compliance Certification 

This performance standard is intended to ensure consistent and transparent decision making and covers:

  • The process for assessing applicants and verifying competency requirements that have been met
  • The information needed to assess an applicant
  • What information must be stated on a certified handler compliance certificate
  • Requires compliance certifiers to keep a record of the information considered in, and the reasons for, making a decision to issue or not to issue a certified handler compliance certificate.
PDF
Health and Safety at Work (Hazardous Substances—Certified Handler of Class 6 Substances Compliance Certification) Performance Standard 2019 (PDF 517 KB)

Certified Handler of Class 1 Substances Compliance Certification 

This performance standard is intended to ensure consistent and transparent decision making and covers:

  • The process for assessing applicants and verifying competency requirements that have been met
  • The information needed to assess an applicant
  • What information must be stated on a certified handler compliance certificate
  • Requires compliance certifiers to keep a record of the information considered in, and the reasons for, making a decision to issue or not to issue a certified handler compliance certificate.
PDF
Health and Safety at Work (Hazardous Substances—Certified Handler of Class 1 Substances Compliance Certification) Performance Standard 2021 (PDF 403 KB)

Location Compliance certification for classes 2-6 and 8

This performance standard is intended to ensure consistent and trasparent decision making and covers:

  • the process for compliance certifiers when verifying the prescribed requirements for location compliance certificates
  • the actions which the compliance certifiers must take 
  • the records which the compliance certifier must make, including the reasons for making a decision to issue or not to issue a location compliance certificate 
  • what information must be stated on the location compliance certificate
PDF
Health and Safety at Work (Hazardous Substances—Location Compliance Certification for Classes 2 to 6, and 8) Performance Standard 2021 (PDF 638 KB)

Consultations

The performance standards were publically consulted on. A summary and analysis of submissions is available:

Performance standards

WorkSafe is currently developing further performance standards in these areas:

  • Certification of stationary container systems
  • Certification of people handling explosive (class 1) substances