Health and Safety at Work (Hazardous Substances) Regulations 2017

Transit depot storage

13.28 Controls on transit depots where class 6 or 8 substances present

(1)

A PCBU with management or control of a transit depot where the quantity of any class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance exceeds that specified for the relevant substance in regulation 13.38(1) must—

(a)

notify WorkSafe of the following information at least 30 working days before the commissioning of the transit depot as a place for accommodating a class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance:

(i)

the street address of the transit depot; and

(ii)

the maximum quantity and the hazard classification of each of the class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances that the transit depot is designed or constructed to accommodate; and

(b)

ensure that all class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances remain within their closed containers; and

(c)

ensure that the requirements of regulation 13.10 (if applicable) are met; and

(d)

ensure that all workers handling a class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance have received information, instruction, and training in accordance with regulation 4.5; and

(e)

ensure that any road vehicle loaded with containers of class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B 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

(f)

ensure that any containers of class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances held in the transit depot but not loaded onto a vehicle are not less than 5 m from containers of incompatible substances; and

(g)

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

(h)

except when stored in transportable containers, ensure that stacks of packages and intermediate bulk containers in the transit depot containing class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances—

(i)

do not exceed 25 tonnes; and

(ii)

are accessible from all sides; and

(iii)

are segregated from each other by at least 5 m; and

(i)

ensure that transportable containers containing packaged or bulk class 6 or 8 substances in the transit depot are—

(i)

not stacked more than 2 containers high and 2 containers deep; and

(ii)

where stacked 2 containers deep, arranged so as to provide access to both sides of each stack; and

(iii)

separated from containers of incompatible substances by at least 5 m.

(2)

Subclause (1)(f) and (i) does not apply to a PCBU with management or control of a port while the PCBU complies with the requirements for shipboard separation prescribed in the International Maritime Dangerous Goods Code.

(3)

Subclause (1) does not apply to the storage in a transit depot of a class 6.1A, 6.1B, or 6.1C vertebrate toxic agent associated with the imminent start of a pest control operation, provided that—

(a)

the requirements of regulation 13.26 are complied with; and

(b)

the PCBU notifies WorkSafe of the place where the substance will be stored at least 24 hours before the commissioning of the place; and

(c)

the holder of a controlled substance licence for the vertebrate toxic agent is present at the place.

(4)

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.

(5)

A PCBU who contravenes subclause (1)(b) to (i) 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.