Health and Safety at Work Amendment Bill

Health and Safety at Work Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Health and Safety at Work Amendment Act 2026 . 2 Commencement This Act comes into force on 1 November 2026 the day after Royal assent . However, sections 29 and 30 come into force on the day after Royal assent. 3 Principal Act This Part amends the Health and Safety at Work Act 2015. 4 Section 3 replaced (Purpose) Replace section 3 with: 3 Purposes 1 The main purpose of this Act is to provide a balanced framework for securing the health and safety of workers and workplaces that prioritises the critical risks that arise from work (including by prioritising the management of those risks by PCBUs) . 2 This Act also has the following purposes: a to protect workers and other persons against harm to their health, safety, and welfare by eliminating or minimising risks arising from work or from prescribed high-risk plant: b to provide for fair and effective workplace representation, consultation, co-operation, and resolution of issues in relation to work health and safety: c to encourage unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and to assist PCBUs and workers to achieve a healthier and safer work environment: d to promote the provision of advice, information, education, and training in relation to work health and safety: e to secure compliance with this Act and regulations made under this Act through effective and appropriate compliance and enforcement measures: f to ensure appropriate scrutiny and review of actions taken by persons performing functions or exercising powers under this Act: g to provide a framework for continuous improvement and progressively higher standards of work health and safety: h to give PCBUs certainty about the scope of their obligations to comply with this Act and regulations made under this Act. 3 A person (including a duty holder and a regulator) must, in promoting the purpose set out in subsection (2)(a) , have regard to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety, and welfare from hazards and risks arising from work or from prescribed high-risk plant as is reasonably practicable. 5 Section 7 amended (Application of Act to Armed Forces) In section 7(9), replace purpose with purposes . 6 Section 8 amended (Application of Act to intelligence and security agencies) In section 8(6), replace purpose with purposes . 7 Section 16 amended (Interpretation) In section 16, insert in their appropriate alphabetical order: critical risk has the meaning given in section 22A financial year means a period of 12 months commencing on 1 July and ending with 30 June large PCBU has the meaning given in section 17 prioritise , in relation to critical risks, includes— a managing critical risks before managing other risks: b monitoring, reviewing, and revising controls relating to critical risks more often than controls relating to other risks: c applying a higher proportion of risk management resources to the management of critical risks compared with other risks small PCBU has the meaning given in section 17 In section 16, insert as subsection (2): 2 Terms and expressions in Schedule 1A that are used in the relevant regulations set out in that schedule have the same meaning that they have in those regulations. 8 Section 17 amended (Meaning of PCBU) Replace the heading to section 17 with Meanings of PCBU and small PCBU . Before section 17(1), insert: PCBU In section 17(2), replace this section with subsection (1)(b)(ii) . After section 17(2), insert: Small PCBU 3 In this Act, unless the context otherwise requires, small PCBU means a PCBU in whose business or undertaking fewer than 20 workers carry out work in any capacity. 4 If the number of workers in a business or undertaking fluctuates during a financial year due to the nature of the business or undertaking (for example, because a proportion of the work is seasonal in nature), the PCBU is a small PCBU if the PCBU reasonably expects the number of workers carrying out work in any capacity to be fewer than 20 in at least 9 months of the current financial year. 5 If a business or undertaking of the kind described in subsection (4) was not operating for the whole of the current financial year, the PCBU is a small PCBU if the PCBU reasonably expects that the number of workers carrying out work in any capacity in the following financial year will be fewer than 20 in at least 9 months of that year. Large PCBU 6 In this Act, unless the context otherwise requires, large PCBU means a PCBU that is not a small PCBU. 9 New sections 22A and 22B inserted After section 22, insert: 22A Meaning of critical risk 1 In this Act, unless the context otherwise provides, critical risk means a risk that is associated with — a a risk that is associated with a hazard described in Schedule 1A ; or b a risk that is associated with a hazard of any kind and that , if the risk occurs, is likely to result in any 1 or more of the following: i a death: ii a notifiable injury or illness: iii a notifiable incident: iv an occupational disease listed in Schedule 2 of the Accident Compensation Act 2001. 2 A risk associated with a hazard referred to in subsection (1)(a) is a critical risk whether it is considered in relation to compliance with— a a regulation set out in Schedule 1A ; or b a duty under Part 2 of the Act. 3 In subsection (1)(b) , risk , in relation to a hazard, includes harm to mental health that is associated with the hazard. 22B Amendment of Schedule 1A 1 The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 1A . 2 An amendment to Schedule 1A — a may be made only if it is necessary or desirable as a consequence of— i the amendment or revocation of regulations; or ii the making of new regulations (including by replacing existing regulations); and b may— i amend or delete a hazard set out in that schedule; or ii add a new hazard to that schedule. 3 An Order in Council that— a amends a hazard or adds a new hazard may be made only if the amended or new hazard is a hazard of a kind described in section 22A(1)(b) ; or b deletes a hazard may be made only if the hazard is not a hazard of a kind described in section 22A(1)(b) . 3A The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that the order is appropriate, including that the proposed amendment meets the conditions set out in subsections (2)(a) and (3) . 3B If the Minister makes a recommendation, the Minister’s reasons for making the recommendation (including why the order is appropriate) must be published together with the order. 3C When the order is published, the Ministry must publish on an Internet site maintained by or on behalf of the Ministry a statement explaining— a the amendment; and b the reasons for the amendment, including how the amendment meets the conditions set out in subsections (2)(a) and (3) . 4 An order made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 10 Section 23 amended (Meaning of notifiable injury or illness) In section 23(1)(a)(ii), after injury , insert (for example, a fractured skull, a blood clot or bleeding in the brain, or an injury resulting in a temporary or permanent loss of consciousness or memory) . In section 23(1)(a)(iii), after injury , insert (for example, the loss of an eye, an object entering the eye, or an eye injury resulting in total or partial loss of vision) . In section 23(1)(a)(iv), after burn , insert (for example, a burn that requires a skin graft or a compression garment) . In section 23(1)(a)(vi), after injury , insert (for example, an injury to the spinal cord, any spinal disc, or any cervical, thoracic, lumbar, or sacral vertebra) . In section 23(1)(a)(vii), after function , insert (for example, loss of consciousness, a sense, speech, movement of a limb, or the function of an internal organ) . In section 23(1)(viii), after lacerations , insert (for example, deep cuts causing muscle, tendon, nerve, or blood vessel damage or permanent impairment or lacerations requiring stitching or other treatment to prevent blood loss or loss of bodily function) . In section 23(3), insert in their appropriate alphabetical order: health practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003 immediate treatment means urgent treatment, including urgent treatment by a medical practitioner, a nurse practitioner, or a paramedic medical treatment means treatment by a medical practitioner nurse practitioner means a health practitioner who— a is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of nurse practitioner functions; and b holds a current practising certificate under that Act paramedic means a health practitioner who— a is registered as a paramedic with the Paramedic Council established by the Health Practitioners Competence Assurance (Designation of Paramedic Services as Health Profession) Order 2019; and b holds a current practising certificate under the Health Practitioners Competence Assurance Act 2003. 11 New sections 25A to 25C and cross-heading inserted After section 25, insert: PCBU duties: role of critical risk 25A Small PCBUs: scope of duties 1 A small PCBU is required— a to comply with the following provisions ( critical risk provisions ) only in relation to critical risks: i sections 36 to 43 (except section 36(3)(e)): ii regulation 9 (duty to provide information, supervision, training, and instruction), regulation 15(2) (general duty of PCBU to provide personal protective equipment), and regulation 19 (duty of PCBU to ensure personal protective equipment worn or used by other persons) of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016; and b to comply with section 36(3)(e) according to its terms; and c to prioritise critical risks when complying with all other provisions of this Act and regulations. 2 A small PCBU’s failure to prioritise critical risks in accordance with subsection (1)(c) is not an offence. 3 The provisions of this Act and regulations must, so far as they relate to the duty of a small PCBU under a critical risk provision, be read subject to the limitation set out in subsection (1)(a) . Examples The duty of an officer of a small PCBU under section 44 to exercise due diligence in relation to the PCBU’s compliance with a critical risk provision is limited to critical risks. A health and safety representative may issue a provisional improvement notice to a small PCBU under section 69 in relation to the breach of a critical risk provision only if the breach relates to a critical risk. An inspector may issue an improvement notice to a small PCBU under section 101 in relation to a breach of a critical risk provision only if the breach relates to a critical risk. 4 In this section and section 25B , prioritise , in relation to critical risks, includes— a managing critical risks before managing other risks: b monitoring, reviewing, and revising controls relating to critical risks more often than controls relating to other risks: c applying a higher proportion of risk management resources to the management of critical risks compared with other risks. 25B Other Large PCBUs: scope of duties 1 A large PCBU that is not a small PCBU is required— a to prioritise critical risks when complying with this Act (except section 36(3)(e)) and regulations; and b to comply with section 36(3)(e) according to its terms. 2 A PCBU’s failure to prioritise critical risks in accordance with subsection (1)(a) is not an offence. 25C All PCBUs: determination of critical risk 1 This section applies when a PCBU is determining, for the purposes of section 25A or 25B , whether a risk is a critical risk. 2 The PCBU’s determination must be based on an assessment that takes into account what the PCBU knows, or ought reasonably to know, about— a their business or undertaking; and b the hazard with which the risk is associated; and c whether the risk hazard , if it does not relate to a matter described in Schedule 1A , is likely to result in 1 or more of the consequences referred to in section 22A(1)(b)(i) to (iv) . 11A Section 34 replaced (PCBU must consult other PCBUs with same duty) Replace section 34 with: 34 PCBU must co-operate with other PCBUs with same duty 1 This section applies if 2 or more PCBUs have a duty in relation to the same matter imposed by or under this Act. 2 or more large PCBUs 2 If 2 or more large PCBUs have a duty in relation to the same matter, each PCBU must, so far as is reasonably practicable, co-operate with the other PCBUs in relation to that matter. 2 or more small PCBUs 3 If 2 or more small PCBUs have a duty in relation to the same matter, each PCBU— a must, so far as is reasonably practicable, co-operate with the other PCBUs in relation to any critical risk involved in the matter; but b may co-operate with the other PCBUs in relation to all other risks involved in the matter. 1 or more large PCBUs and 1 or more small PCBUs 4 Subsections (5) and (6) apply if 1 or more small PCBUs and 1 or more large PCBUs have a duty in relation to the same matter. 5 Each small PCBU— a must, so far as is reasonably practicable, co-operate with the other PCBUs in relation to any critical risk involved in the matter; but b may co-operate with the other PCBUs in relation to all other risks involved in the matter. 6 Each large PCBU must, so far as is reasonably practicable, co-operate with the other PCBUs in relation to the matter. Agreements and contracts 7 For the purposes of co-operation between 2 or more PCBUs that include at least 1 small PCBU, this section does not prevent the PCBUs from entering into an agreement or a contract that requires them to co-operate with each other in relation to any or all risks involved in the relevant matter. 8 An agreement referred to in subsection (7) — a may require a small PCBU that is a party to the agreement or contract to, so far as is reasonably practicable, co-operate with the other PCBUs in relation to risks that are not critical risks; but b must not be an agreement or a contract to which section 28 applies. Definitions 9 In this section,— co-operate means to consult, to co-operate with, and to co-ordinate activities with have a duty , in relation to 2 or more PCBUs, means that a provision of this Act or regulations made under this Act purports to impose a duty on the PCBUs (regardless of the effect of section 25A(1)(a) and (b) in the case of a small PCBU). Offence 10 A person who contravenes this section commits an offence and is liable on conviction,— a for an individual, to a fine not exceeding $20,000: b for any other person, to a fine not exceeding $100,000. Model Work Health and Safety Act s 46 (Aust) 12 Section 35 replaced (Compliance with other enactments) Replace section 35 with: 35 Compliance with risk requirements in other enactments addressing same subject matter 1 This section applies if a person is subject to— a a duty imposed by or under this Act to manage a specified risk in the person’s situation or set of circumstances (the work health and safety duty ), regardless of whether regulations also impose 1 or more specific duties in relation to that risk; and b 1 or more requirements imposed by or under another enactment (the external risk requirements ) to take actions that have the effect of managing a risk to health or safety in relation to the same situation or set of circumstances subject matter as the work health and safety duty, regardless of whether the purpose of the external requirements is to manage risk to work health and safety. 2 A person who complies with the external risk requirements must be is taken to have complied with the work health and safety duty. 3 However, if regulations also impose 1 or more specific duties in relation to the risk referred to in subsection (1)(a) that risk , the person must comply with those duties. Example A person who complies with Maritime Rule 40A.33 (petrol inboard and outboard engines) must be is taken to have complied with their work health and safety duties under sections 37 (duty of PCBU who manages or controls workplace) and 38 (duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces) of this Act in relation to managing risks from dangerous atmospheres forming inside enclosed or poorly ventilated spaces on passenger vessels that are not SOLAS ships fitted with inboard petrol engines. 13 Section 36 amended (Primary duty of care) Before section 36(1), insert: Health and safety of workers After section 36(1), insert: Health and safety of other persons After section 36(2), insert: Matters included in duty After section 36(3), insert: Accommodation After section 36(5), insert: Self-employed persons After section 36(6), insert: Small PCBUs to manage critical risks 7 This section (except subsection (3)(e)) applies to a small PCBU only in relation to critical risks. 14 Section 37 amended (Duty of PCBU who manages or controls workplace) Before section 37(1), insert: Duty After section 37(1), insert: Exception for persons at workplace for unlawful purpose After section 37(2), insert: Exception for recreational access 2A Subsection (2B) applies if— a the workplace includes open outdoor space that can be used for recreational purposes (including the purpose of crossing the land to reach other land to be used for recreational purposes) ; and b 1 or more persons lawfully enter the outdoor space and use it the open space for recreational purposes, including when by being expressly or impliedly permitted by the PCBU to do so. 2B The duty owed by the PCBU under subsection (1) does not apply in relation to a person referred to in entering and using the outdoor space under subsection (2A)(b) , unless— a the recreational use of the land outdoor space is part of a business or undertaking conducted by the PCBU connected to the PCBU’s business or undertaking ; or b other work connected to the PCBU’s a business or undertaking conducted by the PCBU is being carried out at the time in the open outdoor space near where the entry and use are taking place. 2C For the purposes of subsection (2B)(a) , the PCBU charging an access fee for entering the outdoor space does not on its own make that recreational use a part of a business or undertaking conducted by the PCBU. Before section 37(3), insert: Additional exception for farms After section 37(3), insert: Exception for seismic risk to workplace buildings 3A Subsection (3B) applies if — a a PCBU manages or controls a workplace that includes the whole or a part of a building; and b the owner of the building is not in breach of any duty or requirement under subpart 6A of Part 2 of the Building Act 2004 relating to— i the determination of whether the building, or the part of a building, that is included in the workplace is earthquake prone; or ii the carrying out of seismic work in relation to the building, or the part of a building, included in the workplace to ensure that it is no longer earthquake prone. 3B This section does not require the PCBU to take any action in relation to the effects or potential effects of seismic risk affecting on any building element of the building, or of the part of a building, that is included in the workplace (for example, by directing the evacuation of the building or the part of a building) unless an emergency affecting the building is occurring. Small PCBUs to manage critical risks 3C This section applies to a small PCBU only in relation to critical risks. Replace section 37(4) with: Definitions 4 In this section,— access fee means a fee that— a entitles a person referred to in subsection (2A)(b) to enter the outdoor space; and b does not— i enable the PCBU to recover costs incurred in allowing the entry; or ii provide the PCBU with any profit for allowing the entry building element has the same meaning as in clause A2 of Schedule 1 (the building code) of the Building Regulations 1992 earthquake prone , in relation to a building or a part of a building, has the same meaning as in section 133AB of the Building Act 2004 outdoor space includes cleared land, uncleared land (such as forest or scrub), and water owner , in relation to a building, has the same meaning as in section 7(1) of the Building Act 2004 PCBU who manages or controls a workplace — a means a PCBU to the extent that the business or undertaking involves the management or control (in whole or in part) of the workplace; but b does not include— i the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or ii a prescribed person recreational purposes , in relation to the use of outdoor space, includes— a use of the space for the purposes of crossing it to reach another location to be used for recreational purposes; and b commercial and non-commercial use of the space seismic work has the same meaning as in section 7(1) of the Building Act 2004. 15 Section 38 amended (Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces) Before section 38(1), insert: Duty After section 38(1), insert: Exception for persons at workplace for unlawful purpose After section 38(2), insert: Small PCBUs to manage critical risks 2A This section applies to a small PCBU only in relation to critical risks. Duty holder 16 Section 39 amended (Duty of PCBU who designs plant, substances, or structures) Before section 39(1), insert: Duty holder After section 39(1), insert: Duty After section 39(5), insert: Small PCBUs to manage critical risks 6 This section applies to a small PCBU only in relation to critical risks. 17 Section 40 amended (Duty of PCBU who manufactures plant, substances, or structures) Before section 40(1), insert: Duty holder After section 40(1), insert: Duty After section 40(5), insert: Small PCBUs to manage critical risks 6 This section applies to a small PCBU only in relation to critical risks. 18 Section 41 amended (Duty of PCBU who imports plant, substances, or structures) Before section 41(1), insert: Duty holder After section 41(1), insert: Duty After section 41(5), insert: Small PCBUs to manage critical risks 6 This section applies to a small PCBU only in relation to critical risks. 19 Section 42 amended (Duty of PCBU who supplies plant, substances, or structures) Before section 42(1), insert: Duty holder After section 42(1), insert: Duty After section 42(5), insert: Exception for plant that is secondhand or sold as is After section 42(7), insert: Small PCBUs to manage critical risks 8 This section applies to a small PCBU only in relation to critical risks. 20 Section 43 amended (Duty of PCBU who installs, constructs, or commissions plant or structures) Before section 43(1), insert: Duty holder After section 43(1), insert: Duty After section 43(2), insert: Small PCBUs to manage critical risks 3 This section applies to a small PCBU only in relation to critical risks. 21 Section 44 amended (Duty of officers) Replace section 44(4) with: 4 If a person is both an officer of the PCBU and a worker who performs a separate or additional role in the business or undertaking, the person’s duty under this section applies only to their role as an officer ( see section 45 for the duties of workers). 5 In this section, due diligence means taking reasonable steps— a to understand and keep up to date with— i the nature of the operations of the PCBU’s business or undertaking; and ii hazards and risks associated with those operations; and iii work health and safety matters generally as they relate to the business or undertaking; and b to ensure that the PCBU— i has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and ii has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and for responding in a timely way to that information; and iii has, and implements, processes for complying with any duty or obligation of the PCBU under this Act; and c to verify the provision and the use of the resources and processes referred to in paragraph (b) . 22 Section 144 amended (Private prosecutions) In section 144(5)(b)(i), replace purpose with purposes . 23 Section 151 amended (Sentencing criteria) In section 151(2)(b), replace purpose with purposes . 24 Section 190 amended (Functions and powers of regulator other than WorkSafe) In section 190, insert as subsections (1) and (2) : 1 The functions of a regulator other than WorkSafe set out in this section are subject to the regulator’s scope of designation under section 191. 2 The main functions of a regulator other than WorkSafe are— a to provide guidance, advice, and information on compliance with relevant health and safety legislation to— i persons who hold duties under that legislation; and ii the public; and b to develop, review, and recommend codes of practice; and c to develop safe work instruments; and d to monitor and enforce compliance with relevant health and safety legislation. In section 190, replace Subject to its scope of designation, a regulator other than WorkSafe has the following functions under this Act with A regulator other than WorkSafe also has the following functions under this Act . Repeal section 190(a), (b), (c), and (e). 25 Section 219 amended (Procedure for making regulations relating to definitions, exclusions, or exemptions) In section 219(1)(a), replace purpose with purposes . 26 Section 220 amended (Regulator may grant exemption from compliance with regulations) In section 220(2)(b), replace purpose with purposes . 27 Section 222 amended (Approval of codes of practice) In section 222(1), after may , insert , on the regulator’s recommendation, . In section 222(1)(a), delete by the regulator . In section 222(2),— a replace the code with the recommended code : b after developed , insert or reviewed : c replace between with with . 28 New section 222A inserted (Development of approved codes of practice) After section 222, insert: 222A Development of approved codes of practice 1 A draft code of practice, a draft amendment to an approved code of practice, or a proposal to revoke an approved code of practice may be developed by any person or organisation , including— a the regulator; or b a union or other worker representative, an employer organisation representative , or a representative of a particular industry or sector. 2 The regulator that develops a draft code of practice, a draft amendment, or a proposed revocation may recommend the draft or the proposal to the Minister for approval. 3 A person or organisation other than the regulator that who develops a draft code of practice, a draft amendment, or a proposed revocation may must, if they wish to progress the draft or the proposal, give the draft or the proposal to the regulator for recommendation to the Minister. 4 The regulator that receives a draft or a proposal under subsection (3) — a must review the draft or the proposal; and b in the case of a draft code or a draft amendment, may amend the draft; and c may recommend the draft or the proposal to the Minister for approval. 4A When reviewing a draft code of practice or a draft amendment to an approved code of practice, the regulator must assess— a the accuracy of the draft’s technical content; and b the draft’s consistency with what the regulator considers to be compliance with the relevant duty; and c whether the draft meets relevant requirements under other enactments. 4B The regulator must consider only the matters assessed under subsection (4A) when amending a draft code of practice or a draft amendment to an approved code of practice. 5 The regulator may not recommend a draft or a proposal to the Minister without first ensuring that a consultation process of the kind referred to in section 222(2) has taken place. 29 Section 226 amended (Use of approved codes of practice in proceedings) In section 226(1), replace No code of practice issued or amended under this Part confers with An approved code of practice does not confer . Replace section 226(2) with: 2 However,— a a person with a duty under this Act relating to a specified risk in the person’s situation or set of circumstances risk or any other matter , who acts in accordance with an approved code of practice that relates to the same risk and the same situation or set of circumstances person and the risk or other matter , must be is taken to have complied with this Act and regulations in relation to that risk or other matter ; and b an approved code of practice is admissible in any civil or criminal proceeding as evidence of whether a duty under this Act or regulations has been complied with. In section 226(3), replace The court with In addition, the court . 30 Schedule 1 amended In Schedule 1,— a insert the Part set out in Schedule 1 of this Act as the last Part; and b make all necessary consequential amendments. 31 New Schedule 1A inserted After Schedule 1, insert the Schedule 1A set out in Schedule 2 of this Act. 32 Principal Act This Part amends the WorkSafe New Zealand Act 2013. 32A Section 3 amended (Interpretation) In section 3, insert in its appropriate alphabetical order: critical risk has the same meaning as in section 22A of the Health and Safety at Work Act 2015 33 Section 9 amended (WorkSafe New Zealand’s main objective) In the heading to section 9, replace main objective with objectives . In section 9(1), after workplaces , insert that prioritises the critical risks that arise from work (including by prioritising the management of those risks by PCBUs) . 34 Section 10 amended (WorkSafe New Zealand’s functions) In section 10, insert as subsection (1): 1 WorkSafe New Zealand’s main functions are— a to provide guidance, advice, and information on compliance with relevant health and safety legislation to— i persons who hold duties under that legislation; and ii the public; and b to develop, review, and recommend codes of practice; and c to develop safe work instruments; and d to monitor and enforce compliance with relevant health and safety legislation. In section 10, replace functions are with functions are also . Repeal section 10(c), (e), (ea), and (f). 35 Principal regulations This Part amends the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016. 36 Regulation 9 amended (Duty to provide information, supervision, training, and instruction) After regulation 9(3), insert: Small PCBUs to manage critical risks 3A This regulation applies to a small PCBU only in relation to critical risks. 37 Regulation 15 amended (General duty of PCBU to provide personal protective equipment) After regulation 15(2), insert: Small PCBUs to manage critical risks 2A Subclause (2) applies to a small PCBU only in relation to critical risks. In regulation 15(3), replace subclause (2) with this regulation . 38 Regulation 19 amended (Duty of PCBU to ensure personal protective equipment worn or used by other persons) After regulation 19(1), insert: Small PCBUs to manage critical risks 1A This regulation applies to a small PCBU only in relation to critical risks. 1 New Part 3 inserted into Schedule 1 of Health and Safety at Work Act 2015 3 Provisions relating to Health and Safety at Work Amendment Act 2026 28 Interpretation In this Part, commencement date means the date on which sections 29 and 30 of the Health and Safety at Work Amendment Act 2026 come s into force. Effect of section 226(2)(a) 29 New approved codes of practice 1 On and after the commencement date, section 226(2)(a) Section 226(2)(a), as inserted by means of the replacement of section 226(2) by section 29(2) of the Health and Safety at Work Amendment Act 2026 , applies only in relation to an approved code of practice that is approved on or after that the commencement date. 2 For the purposes of subclause (1) , However, when approving a new code of practice on or after the commencement date, the Minister may be satisfied about consultation under section 222(2) whether the consultation took place before, on, or after the commencement date. 30 Existing approved codes of practice Despite clause 29 , on and after the commencement date, section 226(2)(a) applies in relation to the following approved codes of practice as in force immediately before the commencement date: a Approved code of practice for loading and unloading cargo at ports and on ships (2024), approved on 27 June 2024 and notified in the Gazette on 27 June 2024 and 8 July 2024 and available on an internet site maintained by Maritime New Zealand: b Approved code of practice: Safe practice for forestry and harvesting operations (2025), approved on 28 July 2025 and notified in the Gazette on 29 July 2025 and available on an internet site maintained by WorkSafe. 2 New Schedule 1A inserted in to Health and Safety at Work Act 2015 1A s 22A Hazards associated with critical risk Adventure activities The provision of an adventure activity as defined in regulation 4 of the Health and Safety at Work (Adventure Activities) Regulations 2016. Amusement devices The following hazards to which the Amusement Device Regulations 1978 apply: a construction of an amusement device: b erection of an amusement device: ba operation or taking charge of an amusement device: c material alteration of an amusement device ( see section 21A(10) of the Machinery Act 1950): d repair, of a kind described in section 21A(10) of the Machinery Act 1950, of an amusement device . : e operation or taking charge of an amusement device. Asbestos The following hazards to which the Health and Safety at Work (Asbestos) Regulations 2016 apply: a working with asbestos ( see regulation 7(5) of those regulations): b airborne asbestos ( see regulation 9): c the use of equipment on asbestos or asbestos-containing material ( see regulation 18): d the demolition or refurbishment of a structure or plant to which subpart 4 of Part 2 of those regulations applies ( see regulation 19): e asbestos removal work ( see Parts 3, 4, and 6): f asbestos-related work ( see Part 5). General risk and workplace management The following hazards to which the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 apply: a remote or isolated work ( see regulation 21 of those regulations): b atmospheres with potential for fire or explosion ( see regulations 22 and 23): c raised and falling objects ( see regulations 24 and 25): d containers of liquids with an associated risk of drowning ( see regulation 26): e loose but enclosed materials with an associated risk of becoming trapped or engulfed ( see regulation 27): f substances that are hazardous to health ( see regulations 28 to 31): g a person aged under 15 years— i carrying out the manufacture or preparation of goods for trade or sale, construction work, logging or tree-felling, the manufacture, use, or generation of hazardous substances, or any other work likely to cause harm to the health of a person aged under 15 years ( see regulation 43); or ii being present when any work described in subparagraph (i) is being carried out ( see regulation 44); or iii carrying out work that involves lifting any weight, or performing any task, if doing so would be likely to be harmful to the worker’s health ( see regulation 45); or iv working at or with any machinery or assisting with such work ( see regulation 46); or v driving a vehicle, riding upon a vehicle while it is drawing an implement or has an implement attached to it, or riding upon an implement drawn by or attached to a vehicle ( see regulation 47): h a person aged under 16 years working between the hours of 10 pm and 6 am the following day ( see regulation 48): i suitability of workers at limited-attendance child-care centres ( see Part 5 of those regulations). Geothermal energy The following hazards to which the Geothermal Energy Regulations 1961 apply: a design, construction, operation, and maintenance of bores and pipework ( see regulation 26(1) and (2) of those regulations): b maintenance of bores and the equipment used in geothermal work ( see regulation 26(3)): c geothermal work involving severe heat ( see see regulation 26(4)): d geothermal work in an atmosphere containing or likely to contain hazardous gases ( see regulation 28(2) and (3)): e design of geothermal works with an associated risk of the accumulation of hazardous gases ( see regulation 28(1)): f the use of explosives ( see regulation 29): g drilling bores ( see regulations 31 to 33): h security and condition of bores ( see regulations 34 and 35). Hazardous substances and gases under pressure The following hazards to which the Health and Safety at Work (Hazardous Substances) Regulations 2017 apply: Hazardous substances a storage and handling of hazardous substances: b use of hazardous substances: c manufacture of hazardous substances: d transportation of hazardous substances: e disposal of hazardous substances . : Gases under pressure f design, manufacture, importation, supply, use, repair, and maintenance of gas containers: g manufacture, importation, and supply of cylinder fittings: h charging of gas containers and tank wagons. Major hazard facilities The following hazards to which the Health and Safety at Work (Major Hazard Facilities) Regulations 2016 apply: a use of large quantities (for example, a threshold quantity) of specified hazardous substances at a major hazard facility: b storage of large quantities (for example, a threshold quantity) of specified hazardous substances at a major hazard facility. Mining and quarrying The following hazards to which the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016 apply: a ground or strata instability ( see regulation 65, in particular, regulation 65(a)(i), and paragraphs (16) to (19) of Schedule 5 of those regulations): aa inundation and inrush of any substance ( see regulation 65, in particular, regulation 65(a)(ii)): b mine shafts and winding systems ( see regulation 65, in particular, regulation 65(a)(iii)): c roads, other vehicle operating areas, and the use of mobile plant ( see regulation 65, in particular, regulation 65(a)(iv), and paragraphs (26) to (31) of Schedule 5): d tips, ponds, and voids ( see regulation 65, in particular, regulation 65(a)(v)): e use of explosives ( see regulation 65, in particular, regulation 65(a)(viii), and paragraphs (32) to (35) of Schedule 5): f air quality and ventilation, including the presence of methane or any other gas ( see regulation 65, in particular, regulation 65(a)(vi), subpart 3 of Part 5, and paragraphs (7) to (10) of Schedule 5): g the presence of flammable or combustible gas, dust, or other material ( see paragraphs (1) to (6) of Schedule 5): h electrical systems and plant ( see paragraphs (36) to (38) of Schedule 5). Miscellaneous hazards regulated by Health and Safety in Employment Regulations 1995 The following hazards to which the Health and Safety in Employment Regulations 1995 apply: a noise in the workplace ( see regulations 10 and 11 of those regulations): b cleaning, maintenance, or repair of machinery ( see regulation 17): c use of woodworking and abrasive grinding machinery ( see regulation 18): d use of self-propelled mobile mechanical plant ( see regulations 19 and 20): e use of powder-actuated tools in construction work ( see regulation 52): f scaffolding, in particular,— i its construction, suitability, and sufficiency ( see regulation 22): ii its erection, maintenance, repair, or dismantling (see regulation 53): g working at heights ( see regulation 21): h faces and depth of excavations in construction work ( see regulations 23 to 25): i occupational diving ( see regulations 47 to 49). Petroleum exploration and extraction The following hazards to which the Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016 apply: a production installations and non-production installations ( see regulation 8(1)(a) of those regulations), including any of the following: i the condition and performance of wells ( see regulation 70(b) and (e)): ii the presence of hydrocarbon vapour, petroleum liquids, and other substances that could cause a serious risk to health and safety ( see regulation 70(c), (d), and (h)): iii the condition and performance of safety-critical elements ( see regulation 70(f)): iv the stability of the installation and of any plant at the installation ( see regulation 70(i) and (j)): v the condition of the seabed or ground ( see regulation 70(j)): vi weather conditions, earthquakes, and other natural events ( see regulation 70(l)): vii the movement of vessels, aircraft, and vehicles near the installation ( see regulation 70(m)): viii the buoyancy of the installation ( see regulation 70(n) and (o)): b work and other activities carried out on production installations and non-production installations ( see regulation 8(1)(b)): c release and accumulation of hazardous liquids, vapours, or gases ( see regulation 11): d disposal of waste petroleum, vapours, or gases ( see regulation 12): e sources of ignition ( see regulation 13): f any major accident hazard ( see Part 3) : g management or control of a well operation ( see Part 6), including— i the conditions below ground ( see regulations 59 and 60); and ii the design and construction of a well ( see regulations 61 and 62); and iii the suitability of well control equipment and associated control systems ( see regulation 63). Pipelines The following hazards to which the Health and Safety in Employment (Pipelines) Regulations 1999 apply: a release or accumulation of hazardous liquids, vapours, and gases ( see regulation 6 of those regulations): b design and construction of pipelines ( see regulations 8 and 12): c operation and maintenance of pipelines ( see regulations 8 and 12): d suspension and abandonment of pipelines ( see regulations 8, 12, and 14): e hydrostatic testing of pipelines ( see regulation 13): f work on, in, or around a pipeline ( see regulation 16). Pressure equipment, cranes, and passenger ropeways The following hazards to which the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999 apply: a operation of pressure equipment, cranes, and passenger ropeways ( equipment ) ( see regulations 10 and 12 of those regulations): b repair or alterations of equipment ( see regulation 11): c condition of equipment ( see regulations 12 to 15): d design of equipment ( see regulation 18): e manufacture of equipment ( see regulation 19): f supply of equipment ( see regulation 20). 1A Hazards associated with critical risk