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Health and Safety at Work Act 2015

Health and safety duties - Duties to preserve sites and notify notifiable events

56: Duty to notify notifiable event

You could also call this:

“You must report serious incidents to the regulator immediately”

If you’re in charge of a business or organisation, you need to tell the regulator right away if a notifiable event happens. A notifiable event is something serious that occurs because of your business activities.

You can tell the regulator by phone or in writing, like by email. You should use the fastest way possible to let them know.

If you call to tell them, you need to give all the details they ask for. They might also ask you to write it down and send it to them within 48 hours.

If you write to tell them, you need to use a form they approve or include all the details they want.

When you call to tell them, and they don’t ask for a written notice, they will either tell you what information they received from you or let you know they got your message.

If you don’t tell the regulator about a notifiable event, you’re breaking the law. If you’re caught, you could be fined. If you’re an individual, the fine could be up to $10,000. If you’re a company or organisation, the fine could be up to $50,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6544144.

Topics:
Work and jobs > Workplace safety
Business > Industry rules
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55: Duty to preserve sites, or

“Keep accident sites unchanged until an inspector approves changes”

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57: Requirement to keep records, or

“Keep records of notifiable events for 5 years”

Part 2 Health and safety duties
Duties to preserve sites and notify notifiable events

56Duty to notify notifiable event

  1. A PCBU must, as soon as possible after becoming aware that a notifiable event arising out of the conduct of the business or undertaking has occurred, ensure that the regulator is notified of the event.

  2. A notification under subsection (1)—

  3. may be given by telephone or in writing (including by email, or other electronic means); and
    1. must be given by the fastest possible means in the circumstances.

      1. For the purposes of subsection (2), a person giving notice by telephone must—

      2. give the details of the incident requested by the regulator; and
        1. if required by the regulator, give a written notice of the incident within 48 hours of being informed of the requirement.

          1. Notice given in writing under subsection (2) or (3) must be in a form, or contain the details, approved by the regulator.

          2. If the regulator receives notice by telephone and a written notice is not required, the regulator must give the PCBU—

          3. details of the information received; or
            1. an acknowledgement of having received notice.

              1. A person who contravenes subsection (1) commits an offence and is liable on conviction,—

              2. for an individual, to a fine not exceeding $10,000:
                1. for any other person, to a fine not exceeding $50,000.

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