Plain language law

New Zealand law explained for everyone

Health and Safety at Work Act 2015

Worker engagement, participation, and representation - Health and safety representatives and health and safety committees - Election of health and safety representatives

62: Election of health and safety representatives

You could also call this:

“How workers can request and employers must arrange health and safety representative elections”

You can ask your employer to start an election for health and safety representatives. These representatives will speak up for you and your co-workers about safety at work. If you ask for an election, your employer must start one within a certain time. This time is set by the rules.

Your employer only needs to start an election for your work group, not for the whole company. Your employer can also decide to start an election on their own, without anyone asking.

If your employer doesn’t start an election when asked, they’re breaking the law. A person who breaks this law can be fined. If it’s just one person, they might have to pay up to $5,000. For a company or organisation, the fine could be up to $25,000.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5976964.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
Previous

61: Duty to have worker participation practices, or

“Businesses must involve workers in improving workplace health and safety”

Next

63: Requirements for conducting elections, or

“Rules for choosing health and safety representatives through elections”

Part 3 Worker engagement, participation, and representation
Health and safety representatives and health and safety committees: Election of health and safety representatives

62Election of health and safety representatives

  1. A worker who carries out work for a business or undertaking may request the PCBU to initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.

  2. If a PCBU receives a request under subsection (1), the PCBU must, within the time prescribed by regulations, initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.

  3. The PCBU’s obligation to initiate an election in response to a worker’s request applies only in relation to an election for the work group to which the worker belongs.

  4. A PCBU may, on the PCBU’s own initiative, initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.

  5. A person who contravenes subsection (2) commits an offence and is liable on conviction,—

  6. for an individual, to a fine not exceeding $5,000:
    1. for any other person, to a fine not exceeding $25,000.

      Notes
      • Section 62: replaced, on , by section 4 of the Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023 (2023 No 30).