Health and Safety at Work Act 2015

Enforcement and other matters - Remedial action

120: Power of regulator to take other remedial action

You could also call this:

“Regulator can take immediate action to fix dangerous workplace situations”

The law says that if there’s a dangerous situation at a workplace, the regulator can step in to make it safe. This can happen in two cases. First, the situation must be bad enough that the regulator could issue a prohibition notice. This is a formal order to stop unsafe work. Second, the regulator must have tried hard but failed to find the person they would usually give this notice to.

If both these things are true, the regulator doesn’t have to wait. They can take action right away to fix the problem and make the workplace safe. They can do whatever is needed to remove the danger.

This law helps protect workers and others at the workplace when the usual person in charge can’t be found quickly. It lets the regulator act fast to prevent accidents or injuries.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977075.

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

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Part 4 Enforcement and other matters
Remedial action

120Power of regulator to take other remedial action

  1. This section applies if the regulator reasonably believes that—

  2. circumstances exist in which a prohibition notice can be issued; and
    1. a prohibition notice cannot be issued at a workplace because, after taking reasonable steps, the person to whom the notice could be issued cannot be found.
      1. The regulator may take any remedial action necessary to make the workplace safe.

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