Adventure Activities Regulations
Safety audits are a key component of any safety system. The Adventure Activity Regulations 2011 have made it a legal requirement for some operators to undertake an external audit and become registered. The Health and Safety at Work Act 2015 applies to all operators and it is considered good practice to undertake an external safety audit even if your activity is not covered by the Adventure Activity Regulations.
- The Adventure Activities Regulations
- Adventure Activities Regulation Guidelines - are you covered by the regulations?
- Notification, Registration and the WorkSafe register of adventure activity operators
- Enforcement of the Adventure Activity Regulations
2015 - the Health & Safety Reforms
The Health & Safety reforms could have implications on managing safety in your operation. Access the latest here http://www.business.govt.nz/worksafe/about/reform
The Health and Safety in Employment (Adventure Activites) Regulations 2011 sit under the Health and Safety in Employment Act 1992. They require those commercial adventure tourism and outdoor operators in New Zealand who provide adventure activities to undergo a safety audit and become registered.
- To view the regulations click here
Drugs and Alcohol
The Adventure Activity regulations were amended in 2012 to explicitly require operators to manage the drug and alcohol-related risks in their workplaces, starting with a clear drugs and alcohol policy in their safety management plan. Auditors will expect to see a policy suited to the risk within the operator’s workplace, and evidence that it is being implemented.
- To view WorkSafe NZ's guidance material on managing the risk of drugs and alcohol in adventure activities (updated August 2013) click here
A guidance document has been developed by WorkSafe NZ to assist operators to interpret the regulations and to explain the process of registration - the document is designed to be read in conjunction with the Regulations.
WorkSafe NZ have also developed information on key aspects of what is an adventure activity,a 'decision making tree' to help you decide if your operation is covered by the regulations, and other information for sector groups such as schools, clubs and event organsiers.
Industry has also devloped a useful guide on being in or out of the regulations and what evidence is required to show marketing bodies and other industry stakeholders.
- To view the guidelines click here
- To view the WorkSafe factsheet on what is an adventure activity click here
- To view the 'decision making tree' click here
- To view general useful information for sector groups click here
Information for in-bound operators, marketing agencies and others interacting with adventure operators
Notification is not the same as being registered. It involves letting WorkSafe NZ know that you are planning to provide adventure activties.
If you are planning to provide commercial adventure activities as defined in the adventure activity regulations you should notify WorkSafe NZ. Notification is simple and free. You will then receive adventure activity regulation information from WorkSafe NZ
- To notify click here
You should also signup for the SupportAdventure newsletter to ensure you receive safety news from the sector.
Registration and WorkSafe NZ's register of adventure activity operators
Registration occurs once you have had a safety audit conducted by a Worksafe NZ recognised audit provider (for information on recognsied audit providers see the auditing section below ). Once your audit is complete your audit provider will let WorkSafe NZ know and you will be listed on the WorkSafe NZ register of adventure activity operators.
WorkSafe has released a frequently asked questions and answers document (Q and A) to support your understanding of the registration process. They have provided factsheets on the regulations and the audit process and regular updates on the regulation implementation process.
- To view the WorkSafe NZ register of adventure activity operators click here
- To vew the WorkSafe factsheet on the regulations and audit process click here
- To view the latest updates from WorkSafe NZ click here
WorkSafe NZ have developed an Audit Standard which will be used for the purposes of the Adventure Activities Regulations 2011.The Standard sets out the requirements for safety management systems.In order to be registered as an adventure activity provider operators will be audited against the audit standard.
WorkSafe NZ requires that audits under the Adventure Activity Regulations are conducted by a recognised safety audit provider - as of August 2014 there are five recognised audit providers.The way audits are required to be conducted is outlined in the New Zealand adventure activities certification scheme.
WorkSafe NZ have provided a factsheet on the regulations and the auditing process, they also provide regular updates on the regulation implementation process.
- To read the audit standard click here
- For information on audit providers click here
- For overall information on the audit and registration process, including the certification scheme click here
- To read the latest updates from WorkSafe click here
Monitoring and Surveillance audits
To ensure you are continuing to conform to the Standard throughout your certification period, the audit provider will carry out monitoring of your operation. This could be a surveillance audit (which is not a full audit) or they may request a declaration of conformity, in which you confirm that you continue to conform.
The audit provider can also require a special audit as a result of a change of your circumstances. They can suspend, withdraw or limit the scope of your certification, based on the outcome of any surveillance activity. If they find serious issues, they will advise WorkSafe NZ and the Registrar may suspend or cancel your registration. In either case, you would first be given the opportunity to be heard. To view the WorkSafe factsheet click here
A surveillance audit might include:
- equipment checks
- incident records
- hazard management plans
- evaluations of emergency response practices
- completed inductions
- performance appraisals
- documented reviews of activities or systems
WorkSafe NZ (formally a part of the the Ministry of Business Inovation and Employment) have released their intentions for enforcing the Adventure Activity Regulations click here