Plain language law

New Zealand law explained for everyone

Health and Safety at Work Act 2015

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

185: Health and safety medical practitioners may suspend workers in certain cases

You could also call this:

“Doctor can stop you from doing unsafe work”

A health and safety medical practitioner can tell you to stop doing certain things at work if they think it’s dangerous for you. They will give you a written notice, and they’ll also give a copy to your employer.

The medical practitioner can do this in two situations. First, if you’ve been exposed to something really dangerous at work and you didn’t follow their earlier instructions without a good reason. Second, if you’ve been hurt by something dangerous at work and they think you shouldn’t be around it anymore.

If the medical practitioner tells you to stop doing something, you must listen to them. Your employer also has to make sure you stop doing those things.

Remember, both you and your employer have to follow what the medical practitioner says in the notice. It’s important for keeping you safe at work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977173.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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184: Health and safety medical practitioners may require workers to be medically examined, or

“Health and safety medical checks for workers exposed to workplace hazards”

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186: Immunity of health and safety medical practitioners and persons assisting health and safety medical practitioners, or

“Health and safety medical practitioners and their assistants are protected from legal action while doing their job”

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

185Health and safety medical practitioners may suspend workers in certain cases

  1. Subject to subsection (2), a health and safety medical practitioner may, by written notice to the worker (a copy of which must be given to the PCBU),—

  2. require the worker to cease doing anything specified in the notice that, in the health and safety medical practitioner's opinion, constitutes, causes, or increases the worker's exposure to the hazard; and
    1. require the PCBU to ensure that the worker ceases doing the thing or things specified in the notice.

      1. A health and safety medical practitioner may exercise the powers under subsection (1) if satisfied that—

      2. a worker—
        1. is, has been, or may have been exposed to a significant hazard while at work; and
          1. has failed or refused, without reasonable cause, to comply with a notice under section 184; or
          2. a worker has been so harmed by exposure to a significant hazard while at work that the worker should not continue to be exposed to the hazard.

            1. Every worker and PCBU must comply with a suspension notice served under this section.

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