Health and Safety at Work (Hazardous Substances) Regulations 2017

Controls on transit depots where class 2, 3, or 4 substances present

10.37 Requirement for transit depot

(1)

A PCBU with management or control of a transit depot where there is present a quantity of any class 2, 3, or 4 substance greater than the quantity specified in table 4 in Schedule 9 for that substance must,—

(a)

at least 30 working days (or, in the case of LPG, at least 5 working days) before the commissioning of the transit depot as a place for accommodating class 2, 3, or 4 substances, notify WorkSafe of—

(i)

the street address of the transit depot; and

(ii)

the maximum quantity and the hazard classification of each of the class 2, 3, or 4 substances that the depot is designed to accommodate; and

(b)

ensure that any worker at the transit depot who handles a class 2, 3, or 4 substance listed in table 4 in Schedule 9, has received information, training, and instruction in accordance with regulation 4.5; and

(c)

ensure that the requirements of regulation 10.4 are met; and

(d)

ensure that any road vehicle loaded with containers of class 2, 3, or 4 substances is—

(i)

not less than 3 m from any other vehicle that is loaded with compatible substances; and

(ii)

not less than 5 m from any other vehicle that is loaded with incompatible substances; and

(iii)

not less than 3 m from any place where containers of compatible substances not on a vehicle are located; and

(iv)

not less than 5 m from any place where containers of incompatible substances not on a vehicle are located; and

(e)

ensure that any containers of class 2, 3, or 4 substances held in the transit depot but not loaded onto a vehicle are—

(i)

not less than 3 m from containers of incompatible substances, if the substances are being consolidated at a loading dock in readiness to be transported:

(ii)

not less than 5 m from containers of incompatible substances, in all other circumstances; and

(f)

ensure that all class 2, 3, or 4 substances located at the transit depot remain within their containers and that the containers remain closed; and

(g)

ensure that any electrical equipment at the transit depot is designed and constructed so that in the event of failure of the electrical equipment no resulting ignition source will contact either the substance or its package; and

(h)

designate and clearly identify with signs areas for containment, pending disposal of any leaked or spilled material or damaged packages.

(2)

Compliance with those parts of the Electricity Act 1992 and regulations made under that Act, the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016, or the Civil Aviation Rules that relate to the matter described in subclause (1)(g) is a means of meeting the requirements of that subclause.

(3)

Subclause (1)(e) does not apply to a PCBU with management or control of—

(a)

a port, if the PCBU complies with the requirements for shipboard separation prescribed in the International Maritime Dangerous Goods Code:

(b)

a transit depot, if the hazardous substances are being transported in accordance with clause 2.3 of the Land Transport Rule: Dangerous Goods 2005.

(4)

This regulation does not apply to low flashpoint diesel, HSNO approval number HSR001447.

(5)

A PCBU who contravenes subclause (1)(a) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

(6)

A PCBU who contravenes subclause (1)(b) to (h) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2001/116 r 83