Worksafe NZ Workplace Inspections

Wednesday July 30, 2025 13:09

More regulatory workplace site inspections! 

WorkSafe NZ has announced that it will be recruiting up to 60 new health and safety inspectors in 2025 aiming to improve workplace safety and address alarming rates of workplace harm.  This will invariably mean more workplace inspections.

We therefore thought it would be useful to understand what enforcement actions WorkSafe NZ can issue.

Generally, there are five main aspects of the WorkSafe NZ inspection of a duty holders work activities.

Inspections:

How are organisations selected for inspections? Selection criteria for inspection can be based on one or more of the following:

• regulatory notifications
• health and safety concerns from the public, industry or other regulators
• ACC claim activity
• compliance history
• type of operator
• local and specialist inspector knowledge.

Those with historical non-performance or those that demonstrate a deliberate non-compliant attitude toward the legislation may also be selected for inspection.
There is also the so-called “random inspection” that the WorkSafe NZ inspector often quotes as the reason for the visit.  However, there is normally a reason such as a disgruntled neighbour or ex-employee making a complaint.

Most inspections for SMEs companies take about 1 to 2 hours.  If no adverse findings are found, no further action is taken, and the file is closed.
However, if there are areas of non-compliance to the HSAW legislation, then the following actions can be implemented: 

Directives:

This is where the duty holder is aware of problem and has an action plan in place.  A good example would be noise or dust where health monitoring is required and is already scheduled but not completed.  A WorkSafe NZ Directive letter would be sent to the Duty holder that this needs to be carried out and monitored.

Improvement notices:

Improvement notices are a formal instruction issued to remedy a situation that poses a risk of harm to workers. They must be placed on display in a prominent place visible to workers and visitors. They will have a specified time frame to be fixed dependent on the risk, and evidence is required to be submitted to WorkSafe NZ that it has been resolved.  If this is not done, then the activity can be closed down and further enforceable action taken.

Enforceable undertaking:

Enforceable undertakings are an alternative to prosecution when a duty holder has breached (including an alleged breach) the Health and Safety at Work Act 2015. 
It is a way for a duty holder to voluntarily make a binding agreement with WorkSafe NZ to take action for the breach they have made. 
This has to be requested by the duty holder and approved by WorkSafe NZ

Prosecutions: 

WorkSafe NZ will consider taking out a prosecution of a duty holder:

• where non-compliance has resulted in serious harm or death
• reckless and/or negligent disregard for health and safety requirements
• work carried out, or supply or use of a product, without appropriate authorisation or licence or in serious non-compliance with a safety case.

There are also other possible considerations for prosecutions.

These decisions are not taken lightly and commence with WorkSafe NZ operational staff making a recommendation to the delegated decision maker who may then refer the case to their legal department. Legal provides an independent view on whether the test for prosecution is met. 

We would remind all Securo clients, that should you be contacted by WorkSafe NZ wanting to schedule an inspection,  you contact your Securo consultant before agreeing a date and time. We can then ensure your consultant can be on site and assist in any preparatory work beforehand.

If you have any concerns around this topic or other Health & Safety matters, your Securo Consultant is available to help.  We can also advise on hazard management and provide access to specialist health professionals for health monitoring services.
So please give them a call or alternatively contact Securo head office on 0800 55 33 44.

Parts of the information in this newsletter has been derived from guidance documents published by WorkSafe NZ which are available at www.WorkSafe.govt.nz, Ministry of Business and Innovation (MBIE) and parts of the Health and Safety At Work Act – 2015.