The government is consulting on workplace health and safety regulations and calling for submissions. You can have a say.

The Health and Safety at Work Act 2015 and related regulations apply to employees and contractors. The Act and related regulations require that workers and others are given the highest level of protection from workplace health and safety risks, so far as is reasonably practicable. 

The government is holding a substantial consultation on work health and safety to hear from businesses and workers who are impacted by the current rules and regulations. The government is seeking feedback on people's experiences with the health and safety system, including views on issues such as:

• Whether health and safety requirements are too strict, or too ambiguous, to comply with.

• Difficulties caused by the overlap between work health and safety legislation and other requirements.

• The actions that businesses undertake, the reasons behind these actions, and their effectiveness. 

• Whether consequences for not complying with health and safety obligations are appropriately balanced and reasonable.

• Whether the threshold at which work-related risks need to be managed is under- or over-cautious.

The consultation process is open from 14 June until 31 October 2024. You can provide a written submission by: 

1. completing a submission form and emailing it to HSWHaveYourSay@mbie.govt.nz

2. completing an online form at mbie.govt.nz/have-your-say/work-health-and-safety

3. mailing your submission to: 

Health and Safety Policy 

Ministry of Business, Innovation and Employment 

PO Box 1473 Wellington 6140. 

The consultation document has questions that you can use to complete your submission. The questions are not compulsory but you can answer as many as you want or share your own thoughts about the work health and safety system. 

You can send any questions on the submissions process to HSWHaveYourSay@mbie.govt.nz. 

What happens with the feedback? 

The information provided in submissions will be used to inform the Ministry of Business, Innovation and Employment’s (MBIE) policy development and nform advice to Ministers about improvements to the work health and safety regulatory system. MBIE may contact submitters directly if they require clarification of any matters in the submissions. 

Release of information 

MBIE will publish a summary of the submissions on its website. Submissions remain subject to request under the Official Information Act 1982. You need to clearly indicate in the cover letter or e-mail accompanying your submission if you have any objection to the release of any information in the submission, and which parts you consider should be withheld, together with the reasons for withholding the information. MBIE will take such objections into account and will consult with submitters as it considers necessary when responding to requests under the Official Information Act. 

Private information 

The Privacy Act 2020 establishes certain principles with respect to the collection, use and disclosure of information about individuals by various agencies, including MBIE. Any personal information you supply to MBIE in the course of making a submission will only be used for the purpose of assisting in the development of advice in relation to this consultation, for contacting you about your submission, or to advise you of the outcome of the consultation, including any next steps. MBIE may also use personal information you supply in the course of making a submission for other reasons permitted under the Privacy Act (e.g. with your consent, for a directly related purpose, or where the law permits or requires it). You need to also clearly indicate in your submission if you do not wish your name, or any other personal information, to be included in any summary of submissions that MBIE may publish.

MBIE will only retain personal information as long as it is required for the purposes for which the information may lawfully be used. Where any information provided (which may include personal information) constitutes public records, it will be retained to the extent required by the Public Records Act 2005. MBIE may also be required to disclose information under the Official Information Act, to a Parliamentary Select Committee or Parliament in response to a Parliamentary Question. You have rights of access to and correction of your personal information which can be found on the MBIE website at http://mbie.govt.nz/privacy. 

Scope of the consultation is focused on the purpose and performance of the work health and safety regulatory system. The ‘work health and safety regulatory system’ refers to the: 

  • Health and Safety at Work Act 2015 (the HSW Act)

  • supporting regulations, safe work instruments, standards, approved codes of practice, and guidance that sit under the HSW Act 

  • regulators that implement the law and support people to comply through engagement, enforcement, and standard setting

  • people and organisations authorised by the regulator or regulations to certify or licence businesses for high-risk work and activities. 

What is not in the scope is feedback on government agency funding, the rate of the Health and Safety at Work Levy, or the effectiveness and efficiency measures and targets for the frontline activities of WorkSafe. These are being progressed separately.