Tēnā koe Nigel

Thank you for your Official Information Act request received by WorkSafe New Zealand on 29 May 2026.

We will respond to your request in accordance with the provisions of the Official Information Act as soon as reasonably practicable and not later than 20 working days.

If we need to extend this timeframe, we will let you know before that date with the reasons why.

Please contact [email address] if you have any questions.

Ngā mihi,

Ministerial Services
8 Willis Street
Wellington
W    worksafe.govt.nz

-----Original Message-----
From: Nigel Gray <[FOI #34807 email]>
Sent: Friday, 29 May 2026 5:08 pm
To: Ministerial Services – WorkSafe <[email address]>
Subject: Official Information request - OIA Request – WorkSafe’s Role in Police Use of OralFluid DrugTesting Devices

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Dear WorkSafe New Zealand,

I am requesting information relating to WorkSafe’s involvement in, assessment of, or awareness of the chemical safety of oral‑fluid drug‑testing devices used by New Zealand Police, including the DrugWipe screening device and the Quantisal oral‑fluid collection kit.

1. WorkSafe’s involvement in Police’s safety assessments Please provide:

all documents, emails, meeting notes, or communications between WorkSafe and New Zealand Police relating to the safety, chemical hazards, or HSWA obligations associated with oral‑fluid drug‑testing devices

any requests for advice from Police to WorkSafe on these devices

any advice, guidance, or recommendations provided by WorkSafe to Police

Why this matters:
If WorkSafe was never consulted, that is a direct breach of HSWA’s duty to consult the regulator when hazardous substances are used in the workplace.

2. WorkSafe’s knowledge of Safety Data Sheets (SDS) Please provide:

any SDS documents for the Quantisal collection device, DrugWipe device, or associated reagents held by WorkSafe

any internal WorkSafe assessments of these SDS documents

any internal communications discussing whether SDS documents should have been obtained or provided by Police

Why this matters:
If WorkSafe holds SDS documents that Police claimed “did not exist”, that contradiction becomes explosive.

3. WorkSafe’s assessment of Police’s HSWA compliance Please provide:

any internal WorkSafe assessments, reviews, or discussions regarding Police’s compliance with HSWA in relation to the use of oral‑fluid drug‑testing devices

any concerns raised within WorkSafe about Police’s handling of hazardous substances

any internal notes on whether Police met their obligations under:
– HSWA s36 (primary duty of care)
– HSWA s44 (officer due diligence)
– HSWA regulations on hazardous substances

Why this matters:
If WorkSafe has never assessed Police’s compliance, it exposes a regulatory vacuum.

4. WorkSafe’s awareness of the “20 years of safe use” claim Please provide:

any internal communications discussing the Minister’s or Police’s public claim of “20 years of safe use”

any WorkSafe assessment of the accuracy of that claim

any documents showing whether WorkSafe was consulted before that claim was made

Why this matters:
If WorkSafe was not consulted, the Minister’s claim has no regulatory basis.

5. WorkSafe’s role in public safety messaging Please provide:

any documents discussing WorkSafe’s role (or lack of role) in ensuring Police’s public safety messaging about these devices was accurate

any internal concerns about misleading or incomplete public statements

any correspondence with EPA, Police, or the Minister’s office about safety messaging

Why this matters:
This exposes whether WorkSafe allowed Police to make unsupported safety claims.

6. Clarification
This request concerns WorkSafe’s involvement, knowledge, and regulatory oversight, not the underlying Police documents requested in earlier OIAs.
It does not duplicate any previous request made to Police or the Minister.

Yours faithfully,

Nigel Gray

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