Health and Safety at Work Act 2015

Enforcement and other matters - Inspectors and health and safety medical practitioners - Health and safety medical practitioners

183: Powers of entry and inspection of health and safety medical practitioners

You could also call this:

“Medical experts can visit and check workplaces for health and safety reasons”

A health and safety medical practitioner can visit a workplace at a reasonable time to check on health and safety. When they visit, they can do several things. They can look around, do tests, ask questions, and inspect things. They can also tell the person in charge of the workplace to do these things.

The medical practitioner can bring someone else to help them and can bring any equipment they need. They can take photos, measure things, and make drawings or recordings.

They can ask the person in charge to show them documents about the workplace or the workers. They can look at these documents and make copies.

However, there are some rules about homes. The medical practitioner can’t go into a home that is a workplace, or go through a home to get to a workplace, unless the person living there says it’s okay or they have a special permission called a warrant.

There’s also a rule about defence areas. The medical practitioner can only go into these if there’s a written agreement between the regulator and the Chief of Defence Force.

If the medical practitioner needs to enter a home that is a workplace or to get to a workplace, they can ask a special officer for a warrant. The officer will give them a warrant if they believe the home is a workplace or it’s the only way to get to the workplace.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977170.

Topics:
Work and jobs > Workplace safety
Health and wellbeing > Public health

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Part 4 Enforcement and other matters
Inspectors and health and safety medical practitioners: Health and safety medical practitioners

183Powers of entry and inspection of health and safety medical practitioners

  1. For the purposes of relevant health and safety legislation, a health and safety medical practitioner may, at any reasonable time, enter a workplace and—

  2. conduct examinations, tests, inquiries, and inspections, or direct a PCBU to conduct examinations, tests, inquiries, or inspections:
    1. be accompanied and assisted by any other person and bring into the workplace any equipment necessary to carry out the health and safety medical practitioner's functions:
      1. take photographs and measurements and make sketches and recordings:
        1. require a PCBU to produce documents or information relating to the workplace or the workers who work there and permit the health and safety medical practitioner to examine and make copies or extracts of the documents and information.
          1. Despite subsection (1), a health and safety medical practitioner must not, except with the consent of an occupier or pursuant to a warrant issued under subsection (4),—

          2. enter a workplace that is, or is within, a home; or
            1. enter a workplace through a home.
              1. Despite subsection (1), a health and safety medical practitioner must not enter a defence area except in accordance with a written agreement between the regulator and the Chief of Defence Force that is entered into for the purposes of this section and is for the time being in force.

              2. An issuing officer may, on an application made by a health and safety medical practitioner in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, issue a warrant to enter a home (or part of a home) if he or she is satisfied that there are reasonable grounds to believe that the home—

              3. is a workplace or has a workplace within it; or
                1. is the only practicable means through which the health and safety medical practitioner may enter the workplace.
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