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Health and Safety at Work Act 2015

Miscellaneous provisions - Authorisations

207: Requirements for prescribed qualifications or experience

You could also call this:

“Rules for doing work that needs special skills or training”

You can’t do certain types of work if the rules say you need special training or experience that you don’t have. This also applies if you need to be supervised by someone with special training or experience, and you’re not being supervised by such a person.

If you’re in charge of a business or workplace, you can’t tell your workers to do jobs that need special training or experience if they don’t have it. You also can’t let them do work that needs supervision by someone with special training if that supervision isn’t happening.

If you break these rules, you’re breaking the law. If you’re caught, you might have to pay a fine. If you’re just one person, the fine could be up to $20,000. If you’re a company or organisation, the fine could be up to $100,000.

These rules are there to make sure that people doing important or dangerous jobs know what they’re doing and can do the work safely.

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 It might be out of date or be missing some parts.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=DLM6544171.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
Work and jobs > Job licenses
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206: Requirements for authorisation of work, or

“You need permission for certain work and can't do it without proper authorisation”

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208: Requirement to comply with conditions of authorisation, or

“Follow the rules of your authorisation or face penalties”

Part 5 Miscellaneous provisions
Authorisations

207Requirements for prescribed qualifications or experience

  1. A person must not carry out work if regulations require the work, or class of work, to be carried out—

  2. by a person who has prescribed qualifications or experience and the person does not have the prescribed qualifications or experience; or
    1. under the supervision of a person who has prescribed qualifications or experience and the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.

      1. A PCBU must not direct or allow a worker to carry out work if regulations require the work, or class of work, to be carried out—

      2. by a worker who has prescribed qualifications or experience and the worker does not have the prescribed qualifications or experience; or
        1. under the supervision of a person who has prescribed qualifications or experience and the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.

          1. A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,—

          2. for an individual, to a fine not exceeding $20,000:
            1. for any other person, to a fine not exceeding $100,000.

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