WorkSafe cautions against disregarding inspectors' warnings

WorkSafe cautions against disregarding inspectors' warnings

WorkSafe New Zealand is alerting property owners and those performing building tasks that inspectors' notices are legally obligatory, and failing to comply with them poses a risk to safety.

What the regulator confirmed

• A written stop-work direction takes effect immediately – tools down, no negotiation.
• Instructions from an inspector are enforceable legal obligations, never friendly advice.
• Any structure erected or refurbished before 2000 should be treated as an asbestos risk.
• Disregarding a notice can lead to conviction plus a substantial monetary penalty.

This comes after the sentencing of a property owner in Palmerston North who disregarded inspectors and persisted in renovating a building known to hold asbestos, despite a cease-and-desist notice mandating the work to halt.

According to Carl Baker, the area manager for WorkSafe, the defiance was intentional, recurrent, and ultimately did not succeed.

“This was not a one-off lapse. There were multiple chances to engage and put things right. Ignoring our notices did not avoid accountability – it led to a conviction and a fine. When we issue a prohibition notice, work must stop immediately. That notice exists because there is a risk of serious harm. It is a legal requirement, not a suggestion.”

Why asbestos still drives OHS risk in older structures

WorkSafe recommends that anyone intending to undertake work on buildings constructed or renovated prior to 2000 should consider asbestos as an ongoing risk.

Fibre release during demolition, sanding or drilling remains among the most under-estimated hazards in refurbishment projects, which explains why licensed removal and air monitoring sit at the heart of sound OHS practice.

Every responsible party — homeowners through to principal contractors — must identify asbestos-containing materials before anyone disturbs a surface. Documented management plans, competent supervision and clear crew briefings convert legal obligation into measurable safety performance.

How to respond when an inspector arrives on site

1. Cease the activity described in that written direction straight away.
2. Ask the inspector to clarify scope, timeframes and the evidence required to demonstrate compliance.
3. Engage a licensed asbestos assessor or occupational hygienist who can verify controls.
4. Record each corrective action, photograph affected areas, and retain all sampling results.
5. Confirm in writing once hazards have been isolated so the regulator may review your risk controls.

Practical safety lessons for site managers

Regulators across Australasia apply a consistent line: cooperation reduces penalties, while obstruction escalates them. Comparable regulatory action across the Tasman follows the same pattern, from WorkSafe Tasmania's caution about the dangers of fryrock through to NT WorkSafe dropping charges against a Darwin crane company after controls were independently verified.

Inspector numbers are climbing as well, with WorkSafe New Zealand advertising for additional health and safety specialists — covered in our report on WorkSafe New Zealand seeking to hire WHS inspectors.

Build compliance into daily routines

Robust documentation remains the cheapest protection available to any business. Asbestos registers, hot-work permits, toolbox records and OHS training logs prove that hazards were assessed before someone picked up a grinder.

Our specialists maintain an extensive library of editable templates covering asbestos management, demolition sequencing and general site safety, so contractors can demonstrate diligence during unannounced visits.

Safety leadership ultimately rests upon responsiveness: acknowledge the finding, fix the cause, then verify results with credible testing.

Treat each written direction as an immediate trigger for review; one habit alone lowers your risk exposure and strengthens the safety culture regulators expect.

See full details here.