WorkSafe is interested in receiving feedback on the proposed changes to Clause 11 of the Information Performance standard.

Background

The Health and Safety at Work (Hazardous Substances) Regulations 2017(external link) (the Regulations) allow WorkSafe to issue performance standards that set out the information and process requirements that a compliance certifier must comply with when performing the functions of a compliance certifier.

In 2019, WorkSafe issued the Information Performance Standard:

The Information Performance Standard includes the requirement for a compliance certifier to have a process in place to ensure that WorkSafe and the applicant are notified in a timely manner of a decision to refuse a compliance certificate in accordance with regulation 6.23(2) (Clause 11) of the Regulations. 

What is changing?

In 2021, WorkSafe commissioned an independent report to assess the performance of compliance certifiers in relation to the legal obligation imposed on them by regulation 6.23 – notifying the applicant and WorkSafe of the refusal to issue a compliance certificate. 

As part of its response to the report, WorkSafe is proposing to amend Clause 11 of the Information Performance Standard by:

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

Have your say

This consultation provides an opportunity for you to provide feedback about the proposed changes to Clause 11 of the Information Performance Standard. Your feedback will be considered before any changes are made to Clause 11 of the Information Performance Standard. 

Feedback is welcomed from individuals, businesses, and industry associations.

Read the proposed changes

Submit a response to the consultation(external link)

Deadline for submissions

The deadline for submissions is 5pm on Thursday 27 October 2022.

Privacy

WorkSafe New Zealand will manage any personal information you supply in accordance with the Privacy Act 2020. If your response is made publicly available, your contact details will be removed only if you have indicated this as your preference.

We may post your response on our website.

We may make your response available if answering a request under the Official Information Act 1982.

Proposed changes

Current wording of Clause 11 of the Information Performance Standard

“A compliance certifier must have a process in place to ensure that WorkSafe and the applicant are notified in a timely manner of a decision torefuse a compliance certificate in accordance with regulation 6.23(2).”

Proposed new wording

11. Refusal to issue compliance certificates

1. A compliance certifier must establish and maintain a documented process to ensure that WorkSafe and the Applicant are notified when a compliance certifier refuses to issue a compliance certificate in accordance with regulation 6.23(2).
2. If a compliance certifier considers that a relevant requirement has not been met and refuses to issue a compliance certificate, the compliance certifier should, within 15 working days, notify both the Applicant and WorkSafe of the refusal and the reasons for the refusal in accordance with regulation 6.23(2)(b) and (c).
3. A notification to WorkSafe under regulation 6.23(2)(c):
   1. must be given in the manner and form required by WorkSafe; and
   2. include the information referred to in subclause (4).
4. The notification to WorkSafe must include the following information:
   1. the legal name of the Applicant; and
   2. the New Zealand Business Number (NZBN) of the Applicant (if applicable); and
   3. the email address and telephone number of the Applicant.
   4. the address where the hazardous substance is held (if applicable); and
   5. the type of compliance certificate; and
   6. the volume and class of hazardous substances (if applicable); and
   7. the date upon which the compliance certifier considered a relevant requirement for the issue of a compliance certificate had not been met; and
   8. the relevant requirement as specified in the Regulation not met by the Applicant; and
   9. the reason(s) for the Refusal; and
   10. Whether the compliance certifier considers the reason for the refusal means WorkSafe should urgently consider the notification, and if so, why;
   11. whether supporting information is available; and
   12. the name of the compliance certifier refusing to issue the compliance certificate.
5. A compliance certifier may provide further relevant information (if any).
6. A compliance certifier must sign every notification to WorkSafe of the refusal to issue a compliance certificate.
7. A compliance certifier’s signature on a notification to WorkSafe of the refusal to issue a compliance certificate may be electronic.
8. A compliance certifier must retain all records related to the refusal to issue a compliance certificate until a date that is at least five years after the date of the refusal.