The Health and Safety in Employment Act 1992 and amendments lays out the legal duties of employers, employees and person in charge of a place of work. Like any other piece of legislation, breaches of statutory requirements are enforceable and may result in prosecution and fines.

Regulations are made under the Act to describe some of the requirements that apply to specific work situations. Like the Act, regulations are enforceable, and breaches may result in prosecution and fines.

These are guidelines that have been approved by the Minister of Labour under the Act relating to specific subjects or industries. Their requirements are not mandatory or enforceable as such, but meeting their requirements is accepted in court as evidence of good practice.

Guidelines are developed by, or in conjunction with, the Department of Labour Health and Safety Service. They are a source of guidance for employers on how to meet minimal compliance with the legislation.

Where appropriate, New Zealand or other standards may be cited in approved codes of practice or guidelines and therefore they have the same standing as these documents in court.

Penalties can range from a few hundred dollars for an infringement notice up to a maximum of $500,000 and or imprisonment for up to 2 years for a convicted offence. Successful prosecutions generally also award reparations to the victim, ranging from a few hundred dollars up to and in excess of $100,000.

The Department of Labour website provides access to Approved Codes of Practice, Guidelines, a consolidated version of the Health and Safety in Employment Act (including all amendments), and a Guide to the Health and Safety in Employment Act providing detail on how the legislation works and what people’s rights and duties are