Health and Safety at Work (Hazardous Substances) Regulations 2017

  • not the latest version
  • Corrections have been made to regulation 3.3(1), Part 13, regulations 17.66, 17.67, and 17.68, and to Schedules 1, 11, and 18 on 24 July 2017 under section 25(1)(e), and (j)(i) and (ii) of the Legislation Act 2012.
15.18 Prescribed requirements for exemption from requirement to obtain certain certificates

(1)

This regulation prescribes requirements relating to exemptions, under section 220 of the Act, from compliance with—

(a)

regulation 15.13 (design verification certificate):

(b)

regulation 15.16 (compliance certificate for imported cylinder):

(c)

regulation 15.17 (pre-commissioning certificate).

(2)

An application for an exemption must—

(a)

be in the form required by WorkSafe (if any); and

(b)

be accompanied by the fee (if any) prescribed in Schedule 2.

(3)

In considering whether to grant an exemption, WorkSafe must have regard to—

(a)

the types and quantities of cylinders to which the application relates; and

(b)

the types and quantities of substances that are intended to be contained in those cylinders; and

(c)

the compliance and quality control history of the manufacturer of the cylinders to which the application relates; and

(d)

the similarity of the design and manufacture of the cylinders to the design and manufacture of other cylinders previously supplied by that manufacturer.

(4)

If WorkSafe grants an exemption, WorkSafe must—

(a)

allocate a special record number to the design; and

(b)

enter the details of the special record number in the record kept under regulation 15.82.