Summary of submissions

The summary and analysis of the submissions received can be found below. For the resultant performance standard, please refer to performance standards for compliance certifiers.

About the consultation

This consultation provided an opportunity for you to provide feedback about the proposed changes to Clause 11 of the Information Performance Standard.

Deadline for submissions

The deadline for submissions was 5pm on Thursday 27 October 2022.

Privacy

WorkSafe New Zealand will manage any personal information you supply in accordance with the Privacy Act 2020. If your response is made publicly available, your contact details will be removed only if you have indicated this as your preference.

We may post your response on our website.

We may make your response available if answering a request under the Official Information Act 1982.

Background

The Health and Safety at Work (Hazardous Substances) Regulations 2017(external link) (the Regulations) allow WorkSafe to issue performance standards that set out the information and process requirements that a compliance certifier must comply with when performing the functions of a compliance certifier.

In 2019, WorkSafe issued the Information Performance Standard:

The Information Performance Standard includes the requirement for a compliance certifier to have a process in place to ensure that WorkSafe and the applicant are notified in a timely manner of a decision to refuse a compliance certificate in accordance with regulation 6.23(2) (Clause 11) of the Regulations. 

What is changing?

In 2021, WorkSafe commissioned an independent report to assess the performance of compliance certifiers in relation to the legal obligation imposed on them by regulation 6.23 – notifying the applicant and WorkSafe of the refusal to issue a compliance certificate. 

As part of its response to the report, WorkSafe is proposing to amend Clause 11 of the Information Performance Standard by:

• requiring compliance certifiers to provide specific information about a refusal to issue a compliance certificate
• mandating the use of a particular form, and
• requiring notification within 15 working days of the decision to refuse a compliance certificate.