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Health & Safety in Employment Act

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Health & Safety in Employment Act

 
  On 5 May 2003, the Prime Minister designated Maritime New Zealand to administer the provisions of the Health and Safety in Employment Act 1992 (HSE Act) in respect of the maritime sector, specifically for ships.

The scope of the designation is to administer the Act for work onboard ships and for ships as places of work.


What does this mean?
Health and safety for seafarers on New Zealand ships was previously covered by Part II of the Maritime Transport Act 1994. Changes to the Health and Safety section of the Employment Act and the designation of Maritime NZ means that health and safety in all areas of employment, including onboard ships, is now provided for in a single Act.
 

Coverage now includes not only seafarers on New Zealand ships but all those who are onboard on business - pilots, ships' agents, stevedores, provedores, surveyors, contractors and so on.


How does it work?
Health and safety onboard a ship is dealt with by Maritime NZ's Maritime Safety Inspectors and Accident Investigators, in much the same way as under the Maritime Transport Act. Health and safety issues that arise ashore are still dealt with by the Occupational Safety and Health Service (OSH) of the Department of Labour.

The two services, Maritime NZ and OSH, work closely together to ensure there are no gaps in coverage.


When to contact Maritime NZ?
The obligation to report accidents, incidents and mishaps to Maritime NZ continues under both the Maritime Transport Act and the Health and Safety in Employment Act. You will already be familiar with Maritime NZ form MAR AI 2 "Report of serious harm injury/other injury/illness or disease on board a commercial vessel".

You should continue to use Maritime NZ form MAR AI 4 "Commercial vessel - Accident or incident report" to report incidents involving seafarers, passengers and all other persons onboard. A copy of the Maritime NZ reporting form is provided below.

In the event of an accident, incident or mishap to a person onboard please complete the reporting form and fax to Maritime NZ at:
Fax: 04 494 8902
Freephone 0508 22 55 22


What are my obligations under the Health & Safety - Employment Act?
There are changes to some of your obligations as an employer, employee, principal and independent contractor in terms of health and safety since Maritime NZ was the designated authority to administer the act. For most individuals these changes include enforcing practices that already exist on your ship. For others there may be more significant changes required.

      Guide to the Health & Safety in Employment Act (PDF - 711Kb)


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