Health and Safety at Work (Hazardous Substances) Regulations 2017

  • 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.

2017/131

Coat of Arms of New Zealand

Health and Safety at Work (Hazardous Substances) Regulations 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of June 2017

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 211, 212, 213, and 218 of the Health and Safety at Work Act 2015—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Workplace Relations and Safety made after complying with sections 213(3) and 217 of that Act.

Contents

1Title
2Commencement
3Interpretation
4Meaning of hazardous substance
5Transitional, savings, and related provisions
6References to class, hazard classifications, etc
7References to standards
8References to distances
9Separation distances not to extend beyond boundary unless agreed
10References to quantities
11Safe work instruments that impose or modify requirements
12Safe work instruments that prescribe exposure standards
1.1Application to Defence Force
1.2Management of hazardous substances controlled by Defence Force
1.3Further obligations of Chief of Defence Force
1.4Hazardous waste
1.5Hazardous substances used for motive power or control of vehicle, ship, or aircraft
1.6Transport by land, sea, or air
1.7Offshore petroleum installations
1.8Fuel gas
1.9Ethanol dilutions
1.10Transhipment of class 1 substances through New Zealand
1.11Laboratories
1.12Gas under pressure
2.1Workplace labelling of hazardous substance containers
2.2Labelling of other containers containing hazardous substances
2.3Labelling of containers for hazardous waste located in workplace
2.4Alternative labelling for stationary tanks, process containers, and transportable containers
2.5Duty of PCBU to display signage: general duty
2.6Signage requirements for general duty
2.7Signage requirements for transit depots
2.8Additional signage requirements for fireworks and safety ammunition
2.9Signage at workplace where milking animals are milked
2.10Duty of PCBU to maintain signage
2.11Duty of PCBU to obtain and provide access to safety data sheets
2.12Duty of PCBU relating to packaging of decanted or transferred substances
2.13Packaging of other containers containing hazardous substances
2.14Duty of PCBU in relation to certain portable containers
3.1Duty of PCBU to keep hazardous substances inventory
3.2Managing risks associated with hazardous substances
3.3Duty of PCBU to review control measures
4.1Certification required for certain work
4.2Issue of compliance certificates for certified handlers
4.3Competency requirements for certified handlers
4.4Workers who do not require certificate
4.5Duty of PCBU to provide information, training, and instruction
4.6Duty of PCBU to provide supervision
5.1Exemption for certain refrigerants
5.2Application of this subpart
5.3Duty of PCBU to provide fire extinguishers
5.4Location of fire extinguishers
5.5Capability of fire extinguishers
5.6Application of this subpart
5.7 Duty to prepare emergency response plan
5.8Duty to implement emergency response plan
5.9Availability of equipment, facilities, and people
5.10Availability of emergency response plans
5.11Fire and Emergency New Zealand may review emergency response plan
5.12Test and revision of emergency response plan
5.13Plan may be part of other management documentation
6.1Interpretation
6.2Compliance certifiers must be authorised
6.3Who may apply for authorisation
6.4Applicant and compliance certifier that is not individual
6.5Applications for authorisation
6.6Qualifications for authorisation
6.7Criteria for fit and proper person
6.8Grant of authorisation
6.9Term of authorisation
6.10WorkSafe must register authorisations
6.11Compliance certifier must notify WorkSafe of changes
6.12Register of compliance certifiers
6.13Compliance certifier may apply for variation of authorisation
6.14Renewal of authorisation
6.15WorkSafe may investigate complaints and concerns
6.16Suspension during investigation
6.17Time frame for completing investigation
6.18Investigation process
6.19Compliance certifier to be informed of draft investigation report
6.20WorkSafe may vary, suspend, or cancel authorisation following investigation
6.21WorkSafe may employ or engage compliance certifiers
6.22Duties of compliance certifier
6.23Compliance certifier may issue compliance certificate
6.24Conditional compliance certificate for hazardous substance locations
6.25Commencement of compliance certificate
6.26Register of compliance certificates
6.27PCBU must give HSR details of relevant compliance certificates
6.28Compliance certifier may vary compliance certificate
6.29WorkSafe may investigate complaints and concerns
6.30Suspension of certificate during investigation
6.31Investigation process
6.32Certificate holder to be informed of draft investigation report
6.33WorkSafe may cancel compliance certificate after investigation
6.34Prescribed requirements for exemption from requirement to obtain compliance certificate
6.35Right to appeal against certain decisions
6.36Purpose of this subpart
6.37Requirement for compliance certifiers to be audited
6.38WorkSafe may engage auditors
6.39Audit report
6.40Power of auditor to require production of documents
6.41Cost of audit
6.42Duty of compliance certifiers to comply with performance standards
6.43WorkSafe may issue, amend, or revoke performance standard
6.44Process to be adopted before performance standard is issued or amended
6.45Publication of performance standards
7.1Application for controlled substance licence
7.2Criteria for fit and proper person
7.3Expiry of controlled substance licence
7.4Suspension of compliance certificate under Part 6
7.5Suspension of controlled substance licence
7.6Investigation process
7.7Licence holder to be informed of draft investigation report
7.8Cancellation of controlled substance licence
7.9Exemption from requirement to hold controlled substance licence
7.10Right to appeal against certain decisions
7.11Replacement licence document
7.12WorkSafe must enter controlled substance licence on register
7.13Register of controlled substance licence holders
8.1Compliance certification
8.2Extension of renewal period of compliance certificate
8.3Public transportation of class 1 to 5 substances (except LPG)
8.4Public transportation of LPG
8.5Tactical policing
8.6Training explosives detector dogs
8.7Ethanol dilutions
9.1Overview
9.2Interpretation
9.3Class 1 substances generally to be under control of certified handlers
9.4Safe work instrument may amend table 1 or 2 in Schedule 7
9.5Controlled substance licence generally required for class 1 substances
9.6Licence required for possession of smokeless powders and certain other propellants
9.7Exceptions to requirement to have licence for transportation of certain class 1 substances
9.8Requirement to have controlled substance licence for supply
9.9Prohibition on display of class 1 substance for sale
9.10General restrictions on location of class 1 substances
9.11Limits on impact or pressure shock
9.12Limits on spark energy
9.13Limits on heat and fire
9.14Limits on static electricity in relation to equipment
9.15Protection from stray electrical currents
9.16Protection from electromagnetic radiation
9.17Requirement to segregate incompatible substances and materials
9.18Requirement to secure class 1 substances
9.19Requirements for containers
9.20Design and certification of containers
9.21Requirements for containers securing fireworks
9.22PCBU to establish hazardous substance location
9.23PCBU to reduce likelihood of unintended initiation
9.24Protection from lightning strike
9.25Lightning interceptors
9.26Compliance certificate for hazardous substance location
9.27PCBU to control adverse effects of unintended initiation
9.28Duty of PCBU who directs detonation or deflagration
9.29Additional duties of PCBU who directs detonation or deflagration of class 1 substance
9.30Duty of PCBU to control adverse effects of intended detonation or deflagration
9.31PCBU who directs outdoor pyrotechnic display to ensure certifier handler in control of pyrotechnics
9.32PCBU to establish discharge area and exclusion zone for outdoor pyrotechnic display
9.33Requirements for discharge area
9.34Requirements for exclusion zone
9.35Notification and recording of outdoor pyrotechnic displays
9.36Compliance certificate for outdoor pyrotechnic displays
9.37Duties of PCBU within discharge area
9.38Additional duties of PCBU who directs carrying out of outdoor pyrotechnic display
9.39Additional duties of PCBU if display involves firing to heights over 60 m
9.40Outdoor pyrotechnic display using only indoor pyrotechnics
9.41Outdoor pyrotechnic display using both indoor pyrotechnics and outdoor pyrotechnics
9.42Duty of PCBU who directs carrying out of indoor pyrotechnic displays using class 1 category G substances
9.43Duty of PCBU who directs carrying out of indoor pyrotechnic display using class 1 category G substances
9.44PCBU who directs transfer from one type of transport to another to establish designated transfer zone
9.45PCBU who directs transfer to ensure emergency management
9.46Duties of PCBU with management or control of class 1 substances at designated transfer zone
9.47Requirements for substance quantity limits within designated transfer zones
9.48Requirements for transportation by road or rail of class 1 substances
9.49Sufficient compliance with regulation 9.48(1)(b)
9.50Requirements to be met during interruptions of transportation
9.51Exemptions from transportation requirements for certain substances
10.1Interpretation
10.2Anhydrous ammonia
10.3General controls on class 2, 3, and 4 substances
10.4Substances that must be secured
10.5Requirement to segregate class 2, 3, and 4 substances
10.6Duty of PCBU to establish hazardous area
10.7Application of other legislation to electrical systems located in hazardous areas
10.8Duty of PCBU to reduce likelihood of unintended ignition of class 2.1.1, 2.1.2, and 3.1 substances
10.9Requirement to use odorant or alternative means of leak detection
10.10Requirements for refrigeration systems containing LPG, propane, butane, isobutane, or other flammable refrigerant
10.11Circumstances involving control of ignition sources available to class 2.1.1, 2.1.2, and 3.1 substances
10.12Methods of complying with regulation 10.11
10.13Circumstances involving control of both proportion of vapour or gas to air and amount of energy available
10.14Methods of complying with regulation 10.13
10.15Circumstances involving control of proportion of vapour or gas to air, but not level of energy
10.16Methods of complying with regulation 10.15
10.17Circumstances where flammable vapour or gas is present in atmosphere and proportion of oxygen in atmosphere (by volume) is more than 20.9%
10.18Methods of complying with regulation 10.17
10.19Circumstances where flammable vapour or flammable gas may be present and proportion of oxygen in atmosphere (by volume) controlled so as to be less than 20.9%
10.20Methods of complying with regulation 10.19
10.21Limits on ignition sources
10.22Specific limits on temperature
10.23Requirements to reduce likelihood of unintended ignition of class 4.1.1 substances that may cause fire through friction
10.24Duty to reduce likelihood of unintended ignition of class 4.1.2 substances
10.25Duty to reduce likelihood of unintended ignition of class 3.2 or 4.1.3 substances
10.26Duty of PCBU to establish hazardous substance location
10.27Duty of PCBU to reduce likelihood of unintended ignition of class 3.2 or 4 substances present at hazardous substance location
10.28Duty of PCBU to control adverse effects of unintended ignition of class 3.2 or 4 substances present at hazardous substance location
10.29Method of complying with regulation 10.28
10.30Requirement to have secondary containment system for pooling substances
10.31Requirements for surface containers of up to 60 L
10.32Requirements for surface containers of more than 60 L and up to 450 L
10.33Requirements for surface containers of more than 450 L
10.34Requirement to have compliance certificate if class 2.1.1, 2.1.2, or 3.1 substance present at hazardous substance location
10.35Alternative compliance certification requirements if more than 100 kg but less than 300 kg of LPG, propane, butane, or isobutane present at hazardous substance location
10.36Requirement to have compliance certificate if class 3.2 or 4 substance present at hazardous substance location
10.37Requirement for transit depot
11.1Interpretation
11.2Anhydrous ammonia
11.3Duty of PCBU to ensure that adverse effects of unintended ignition are controlled
11.4Application of subpart 1
11.5Duty of PCBU to separate class 2.1.1 permanent gases from protected places and public places
11.6Duty of PCBU to separate cylinders containing class 2.1.1 liquefiable gases from protected places and public places
11.7Duty of PCBU to separate above ground stationary tank, transportable container, tank wagon, and transfer point for class 2.1.1 liquefiable gas from protected places and public places
11.8Duty of PCBU to separate building holding class 2.1.2 flammable aerosols and threaded or self-sealing gas cartridges of LPG from a protected place
11.9Duty of PCBU to separate above ground stationary tank, transportable container, or tank wagon containing class 3.1 substance from protected places and public places
11.10Repairs and servicing of tank wagons
11.11Duty to hold certain packages or transportable containers of class 3.1 substance in building or external storage area of certain type
11.12Duty of PCBU to separate building or external storage area holding packages up to 60 L of class 3.1A or 3.1B substances or packages of any amount of class 3.1C substance from protected places
11.13Storage of packages holding class 3.1 substance in a store in a building
11.14Duty of PCBU to separate building or external storage area holding transportable containers or packages of more than 60 L of class 3.1A, 3.1B, or 3.1C substances from protected places
11.15Duty of PCBU to separate transfer point for class 3.1 substance from protected places
11.16Class 3.1 substance being used or in open package or container to be held in building of certain type
11.17Duty to separate building holding package containing class 3.1 substance from protected place
11.18Application of subpart 2
11.19Separation of class 2.1.1 permanent gas from protected places and public places
11.20Duty to separate cylinders containing class 2.1.1 liquefiable gas from protected places and public places
11.21Duty to separate above ground stationary tank, transportable container, or tank wagon and tank fill transfer point for class 2.1.1 liquefiable gas from protected places and public places
11.22Duty to separate cylinder filling stations for class 2.1.1A liquefiable gas from protected places or public places
11.23Duty to separate building holding class 2.1.2 flammable aerosols and threaded or self-sealing gas cartridges of LPG from protected place
11.24Hazardous substance location holding not more than 10 000 L aggregate water capacity of flammable aerosols
11.25Hazardous substance location holding more than 10 000 L but not more than 100 000 L aggregate water capacity of flammable aerosols
11.26Hazardous substance location holding more than 100 000 L aggregate water capacity of flammable aerosols
11.27Previous approval under Dangerous Goods (Class 2—Gases) Regulations 1980
11.28Separation of above ground stationary tank, transportable container, or tank wagon containing class 3.1 substance from protected places and public places
11.29Duty to hold certain packages or transportable containers of class 3.1 substance in building or external storage area of certain type
11.30Duty to separate building or external storage area holding packages up to 60 L of class 3.1A or 3.1B substances or packages of any amount of class 3.1C substance from protected places
11.31Storage of packages holding class 3.1 substances in store inside building
11.32Storage of class 3.1 substances in retail stores
11.33Storage of class 3.1B and 3.1C flammable liquids in retail shops
11.34Duty to separate building or external storage area holding transportable containers or packages of more than 60 L containing class 3.1A, 3.1B, or 3.1C substances from protected places
11.35Duty to separate transfer point for class 3.1 substance from protected place
11.36Class 3.1 substance being used or in open package or container to be held in building of certain type
11.37Separation of building holding package containing class 3.1 substance from protected place
11.38Calculation of separation distances for intermediate capacities or intermediate quantities
11.39Additional and modified separation distances or other matters in subparts 1 and 2
11.40Prescribed requirements relating to exemption from required separation distances or other matters in subparts 1 and 2
11.41Restrictions on delivery of LPG, propane, butane, or isobutane
11.42Maximum quantities of LPG, propane, butane, or isobutane for indoor storage and use
11.43Compliance checking and validation of controls required for LPG, propane, butane, or isobutane at hazardous substance location
12.1Interpretation
12.2General limits on class 5.1.1 and 5.1.2 substances
12.3Substances that must be secured
12.4Methods by which certain requirements may be met
12.5Requirements to reduce likelihood of unintended combustion or explosion of class 5.1.1 or 5.1.2 substance
12.6Duty of PCBU to ensure personal protective equipment used
12.7Requirements to control adverse effects of spills or failure of containers
12.8Duty of PCBU to establish hazardous substance location where class 5.1.1 and 5.1.2 substances present
12.9Duty of PCBU to reduce likelihood of unintended ignition where class 5.1.1 and 5.1.2 substances present at hazardous substance location
12.10Additional duties of PCBU relating to hazardous substance location where class 5.1.1 or 5.1.2 substance are manufactured or used
12.11Requirements where combustion intended or contact with incompatible substances, ignition sources, or exposure to temperature anticipated
12.12Duty of PCBU to control adverse effects of unintended combustion or explosion
12.13Requirement to have secondary containment system for pooling substances
12.14Requirements for surface containers of up to 60 L
12.15Requirements for surface containers of more than 60 L and up to 450 L
12.16Requirements for surface containers of more than 450 L
12.17Requirement to have compliance certificate for hazardous substance location
12.18Matters to be certified for hazardous substance location where containers kept closed at all times or containers designed to be vented
12.19Matters to be certified for hazardous substance location where class 5.1.1 or 5.1.2 substances manufactured or used
12.20Duty of PCBU relating to transit depot where class 5.1.1 or 5.1.2 substances present
12.21Overview of subpart 3
12.22Interpretation
12.23General limits on class 5.2 substances
12.24Substances that must be secured
12.25Methods by which certain requirements may be met
12.26Requirements to reduce likelihood of unintended combustion or explosion of class 5.2 substances
12.27Limits on temperature
12.28Limits on impact or pressure shock
12.29Duty of PCBU to ensure personal protective equipment used
12.30Requirements where contact with incompatible substances or ignition, impact, or pressure shock sources intended or anticipated
12.31Requirement to control adverse effects of spillage or failure of containers
12.32Controls on class 5.2A substances
12.33Controls on class 5.2B, 5.2C, 5.2D, 5.2E, or 5.2F substances
12.34Duty of PCBU to establish hazardous substance location where class 5.2 substance present
12.35Duty of PCBU to reduce likelihood of unintended combustion or explosion where class 5.2 substance present at hazardous substance location
12.36Additional duties of PCBU relating to hazardous substance location where class 5.2 substances are manufactured or used
12.37Duty of PCBU to control adverse effects of unintended combustion or explosion
12.38Requirement to have secondary containment system for pooling substances
12.39Requirements for surface containers of up to 60 L
12.40Requirements for surface containers of more than 60 L and up to 450 L
12.41Requirements for surface containers of more than 450 L
12.42Requirement to have compliance certificate for hazardous substance location
12.43Matters to be certified for hazardous substance location where containers kept closed at all times or containers designed to be vented
12.44Matters to be certified for hazardous substance location where class 5.2 substances manufactured or used
12.45Requirements for securing class 5.2 substance
12.46Requirements for transit depot
13.1Interpretation
13.2Exemption of anhydrous ammonia
13.3Duty of PCBU to keep record of application of certain class 6 and 8 substances
13.4Matters to be included in record kept by PCBU
13.5Additional recording and notification requirements when sodium fluoroacetate present
13.6Importation of sodium fluoroacetate
13.7Duty of PCBU to ensure equipment is appropriate
13.8Use of personal protective equipment when working with class 6 or 8 substances
13.9Certain substances to be under personal control of certified handler or secured
13.10Substances not requiring a certified handler to be secured
13.11Exception for transportation of packaged substances
13.12Licence required for possession of certain class 6 substances
13.13Licences required for supply and acquisition of certain class 6 substances
13.14Carriage of certain class 6 and 8 substances on passenger service vehicles
13.15Additional restrictions relating to transport of pesticide
13.16Additional restrictions relating to transport of certain vertebrate toxic agents and fumigants
13.17Prohibition on use of class 6 substance in excess of tolerable exposure limit
13.18Duty of PCBU to ensure prescribed exposure standards for class 6 substances not exceeded
13.19Signage requirements for vertebrate toxic agents
13.20Requirements for aircraft carrying out aerial application of vertebrate toxic agents
13.21Restricted access to vicinity in which certain vertebrate toxic agents applied
13.22Duties of PCBU with management or control of work using antifouling paints
13.23WorkSafe may set restricted entry intervals for pesticide
13.24Duty of PCBU to ensure restricted entry intervals complied with
13.25Duty of PCBU relating to signage for pesticide applied in indoor environment
13.26Storage of certain class 6 and 8 substances not located at hazardous substance location
13.27Requirements applicable to farms
13.28Controls on transit depots where class 6 or 8 substances present
13.29Duty of PCBU relating to segregation of class 6 and 8 substances
13.30Requirement to have secondary containment system for pooling substances
13.31Requirements for surface containers of up to 60 L
13.32Requirements for surface containers of more than 60 L and up to 450 L
13.33Requirements for surface containers of more than 450 L
13.34Duty of PCBU to establish hazardous substance location where certain class 6 or 8 substances present
13.35Requirements for stores other than indoor storage cabinets
13.36Requirements for indoor storage cabinets for class 6 substances
13.37Requirements for indoor storage cabinets for class 8 substances
13.38Compliance certificate required for hazardous substance location
13.39Matters to be certified for hazardous substance location where class 6 or 8 substances are present
13.40Measurement of separation distance
13.41Minimum separation between protected places and hazardous substance locations containing packaged class 6.1 substances
13.42Minimum separation between public places and hazardous substance locations containing packaged class 6.1 substances
13.43Minimum separation between protected places and hazardous substance locations containing class 8.2A or 8.2B substances
13.44Application for exemption from certain requirements
13.45Additional emergency management requirements
13.46Additional and modified requirements in safe work instrument
14.1Additional controls for fumigants
14.2Interpretation
14.3Fumigants under personal control of certified handler
14.4Additional fumigants under personal control of certified handler
14.5Exception for transportation of packaged fumigants
14.6Licence required for possession of fumigant
14.7Notification of intended fumigation
14.8Timing of notification of intended fumigation
14.9Application of regulation 14.10
14.10PCBU must erect signs
14.11Shipping container under fumigation must not be moved
14.12Restriction on fumigation of shipping containers
14.13Shipping container must not leak fumigants
14.14Fumigation cells must not leak fumigants
14.15Supervision of fumigation
14.16Ventilation of fumigation area and safety of risk area
14.17Completion of fumigation and notice of completion
14.18Requirement to keep record of application
14.19Additional matters to be included in record if certain fumigants from Ripper range are applied
14.20Size of application block
14.21Entry restriction for application block
14.22PCBU to set buffer zones
14.23Restrictions on application of fumigant to soil
14.24Entry restriction for buffer zone
14.25Application timing and conditions
14.26Measures required to restrict fumigant emission from treated soil
14.27Sealing soil after fumigation: Tri-Form 60 and new fumigants
14.28Sealing soil after fumigation: Ripper range
14.29Disposal of plastic sheets used for fumigation under sheets
14.30Fumigation using CytecGas01
14.31PCBU to develop fumigation management plan
14.32Interpretation
14.33Restriction on fumigation
14.34Requirement to secure place where fumigation carried out
14.35Requirement to keep records
14.36Record of 1-hour and 24-hour exposure levels
14.37Annual monitoring report
14.38Minimum buffer zone
14.39Prohibition on use of methyl bromide in excess of tolerable exposure limit
14.40Requirements for sheets
14.41Application of methyl bromide by authorised person only
14.42Duty of PCBU to use sheets for soil fumigation for potato wart
14.43Duty of PCBU in relation to evacuation and access to site fumigated for potato wart
15.1Interpretation
15.2Application of this Part to certain pressure equipment
15.3Application of this Part to UN Model Regulations cylinders
15.4Design to withstand maximum developed pressure
15.5Compatibility
15.6Application of subpart 2
15.7Use and supply of cylinders
15.8Design standards for cylinders
15.9Design standards for refillable high-pressure fire extinguishers
15.10Design standards for cylinder neck threads
15.11Materials used for cylinders
15.12Cylinders for gases held at cryogenic temperatures
15.13Design verification of cylinders
15.14Cylinder not to be used beyond specified cylinder life
15.15Requirements on manufacture of cylinders
15.16Restrictions on, and compliance certificates for, imported cylinders
15.17Requirement for pre-commissioning certificate
15.18Prescribed requirements for exemption from requirement to obtain certain certificates
15.19Issue of pre-commissioning certificate
15.20Declining to issue pre-commissioning certificate
15.21Application of subpart 3
15.22Fire extinguisher registration number
15.23Standards for low-pressure fire extinguishers
15.24Manufacture of low-pressure fire extinguishers
15.25Restrictions on import, manufacture, and supply of aerosols
15.26Restrictions on import, manufacture, and supply of non-refillable gas containers
15.27Restriction on import, manufacture, or supply of cylinder fittings
15.28Cylinder valves
15.29Outlet connection for cylinder valves
15.30Cylinder valve design for particular gases
15.31Cylinder overpressure protection for particular gases
15.32Gas regulators
15.33LPG regulator or LPG automatic changeover device
15.34Overfill protection device for LPG cylinders
15.35LPG valve outlet adaptors
15.36Restrictions on imported and manufactured LPG fittings
15.37Compliance certificate for imported and manufactured fittings
15.38Duty of compliance certifier in relation to non-compliant fittings
15.39Prescribed requirements relating to exemption from compliance certificate for imported and manufactured fittings
15.40Markings for cylinders and fire extinguishers
15.41Additional markings for cylinders containing dry gas
15.42Additional markings for cylinders containing toxic gas
15.43Marking size requirements
15.44Tampering etc with markings on cylinder, cylinder fittings, or fire extinguisher
15.45Cylinder valve markings
15.46Cylinder regulator markings
15.47Cylinder adaptor markings
15.48Markings for LPG automatic changeover devices
15.49Marking of fittings
15.50Marking of aerosols
15.51Marking of non-refillable gas containers
15.52Authorisation of test stations
15.53Register of test stations
15.54Suspension of test station authorisation
15.55Cancellation of test station authorisation
15.56Periodic tests
15.57Other requirements of test stations
15.58Consequences of test failure
15.59Periodic testing of LPG valve and pressure relief device
15.60Test station may mark cylinder to make it compliant
15.61Restrictions on charging cylinders
15.62Restriction on charging aerosol containers
15.63Restriction on charging non-refillable gas containers with certain gases
15.64Restriction on persons who may charge gas containers
15.65Approved fillers
15.66Compliance certificate for approved fillers
15.67Maximum filling ratio for cylinders and stationary tanks
15.68Air in self-contained breathing apparatus
15.69Charging cylinders and stationary tanks with liquefied gases
15.70Cylinder charging for supply of LPG: connection requirements
15.71Cylinder location for supply of LPG
15.72Cylinder charging requirements
15.73Tank wagon location requirements
15.74Tank wagon size restrictions
15.75Charging cryogenic containers
15.76Developed pressure for permanent gases
15.77Restriction on cylinders previously used for class 6.1 gases
15.78Recharging cylinders
15.79Charging cylinder or tank with carbon dioxide
15.80Repair of cylinders
15.81Cylinder records
15.82Special record for cylinders
15.83Cylinder fittings record
15.84Special record for cylinder fittings
15.85Recalls and withdrawals
15.86Modifying list of design standards for gas containers
16.1Interpretation
16.2Application of Part 16
16.3Application of subpart 1
16.4Compatibility
16.5Markings
16.6Application of subpart 2
16.7Ability to withstand stress of load
16.8Pressure resistance
16.9Fatigue resistance
16.10Corrosion resistance
16.11Tank impact resistance
16.12Fittings impact resistance
16.13Maximum compartment size
16.14Emergency preparedness
16.15Loss minimisation while transferring liquids or gases
16.16Attachment of tank to chassis
16.17Minimising risk of possible ignition
16.18Application of subpart 3
16.19Fuel tank requirements
16.20Stability and manoeuvrability
16.21Longitudinal surging
16.22Rear-end collision protection
16.23Rear run-under by small vehicle
16.24Application of subpart 4
16.25Design, construction, installation, and operation requirements
16.26Road tank trailer impact resistance
16.27Fittings impact resistance
16.28Rear run-under
16.29Application of subpart 5
16.30Requirements for UN approved containers
16.31Requirements for issue of design compliance certificates
16.32Requirements relating to design compliance certificates
16.33Record of designs
16.34Requirements for issue of pre-commissioning compliance certificates
16.35WorkSafe may approve tank wagon fabricators
16.36Requirements for issue and renewal of in-service compliance certificates
16.37Additional in-service compliance certificates
16.38Compatibility of hazardous substances carried
16.39Filling tank wagons
16.40Transfer of liquid or gas
16.41When tank wagon may be left unattended
16.42Requirements for fire extinguishers for road tank wagons with capacity of at least 2 000 L
16.43Requirements for fire-fighting facilities and equipment for tank wagons containing LPG, propane, butane, or isobutane with capacity of at least 12 000 L
16.44Prescribed requirements relating to exemption from fire-fighting facilities and equipment for tank wagons with capacity of at least 12 000 L
16.45Persons with access
16.46Additional and modified requirements for tank wagons
17.1Application of Part 17
17.2Interpretation
17.3Accepted engineering principles and practice to be applied
17.4General performance requirements for stationary container systems
17.5Requirements when contained hazardous substances change
17.6Design, construction, and installation of above ground stationary tanks for hazardous liquids
17.7Design, construction, installation, and operation of above ground stationary tank for hazardous liquids for pressure management
17.8Emergency pressure management for above ground stationary tank for flammable and oxidising liquids
17.9Lightning protection for above ground stationary tank for flammable liquids
17.10Earthing and bonding for above ground stationary tank for flammable liquids
17.11Filling above ground stationary tank with hazardous liquids
17.12Liquid level indicator required for above ground stationary tank for hazardous liquids
17.13Design, construction, and installation of above ground stationary tank for gases
17.14Above ground stationary tank for class 2.1.1 liquefied gas not to be in compound
17.15Design, construction, installation, and operation of above ground stationary tank for gases for pressure management
17.16Emergency pressure management for above ground stationary tank for gases
17.17Tanks containing class 2.1.1 substances
17.18Tanks containing class 3 substances
17.19Separation between tanks designed and constructed to certain specifications
17.20Tanks containing class 5, 6, or 8 substances
17.21Tanks containing class 2.1.1 substance
17.22Tanks containing class 3 substance
17.23Tanks containing class 6 or 8 substance
17.24Above ground stationary tanks containing chemically incompatible substances to have separate secondary containment systems
17.25Separation between transfer point and above ground stationary tank containing class 2.1.1 or 3 substance
17.26Separation between transfer points
17.27Tank wagon and above ground stationary tank containing class 2.1.1 substances
17.28Location of tank containing class 6 substance
17.29Location of tank containing class 8 substance
17.30Design and construction of below ground stationary tank for hazardous liquids
17.31Installation of below ground stationary tank for hazardous liquids
17.32Design, construction, installation, and operation of below ground stationary tank for hazardous liquids for pressure management
17.33Filling a below ground stationary tank with hazardous liquid
17.34Filling below ground stationary tank from tank wagon
17.35Liquid level indicator requirements for below ground stationary tank for hazardous liquids
17.36Design, construction, and installation of tank
17.37Design, construction, installation, and operation of tank for pressure management
17.38Emergency pressure management
17.39Disused tanks
17.40Fire-fighting equipment and facilities must be available
17.41Exemption from fire-fighting equipment and facilities requirements
17.42Testing of fire fighting equipment and facilities
17.43Material for process containers and equipment
17.44Liquid level indicators for process containers or equipment
17.45Filling open process container
17.46Overflow provision
17.47Dispensers must be of approved type
17.48Approval of types of dispenser
17.49Record of approved type of dispenser
17.50Removal of approved type of dispenser from record
17.51Shutdown of dispenser
17.52Vapourisers must be of approved type
17.53WorkSafe may approve types of vapouriser
17.54Record of approved type of vapouriser
17.55Removal of approved type of vapouriser from record
17.56Other requirements for vapourisers
17.57Installation of stationary container system
17.58System to have automatic cut-off
17.59Requirements for pipework of stationary container system
17.60Requirements for heaters to transfer heat to hazardous substance
17.61Heater for combustion of substance in stationary container system
17.62Stationary tank for class 3.1A or 3.1B substances
17.63Stationary tank for certain class 3.1C and 3.1D substances
17.64Service tank in stationary container system
17.65Stationary container system operational requirements
17.66Record of burners not permitted for use
17.67Approval of type of burner
17.68Record of approved type of burner
17.69Removal of approved type of burner from record
17.70Installation requirements for burners
17.71Operating instructions for burners
17.72Requirements for pipework
17.73Installation of non-return valve for class 3.1 substance
17.74Installation of transfer line between ship and stationary tank
17.75Valve for stationary tank containing hazardous substance
17.76Marking of stationary tanks
17.77Renewal of stationary tank markings
17.78Markings for pipework connected to above ground stationary tank in stationary container system
17.79Renewal of pipework markings
17.80Records for stationary container systems
17.81Requirement to keep records for stationary container system
17.82Above ground stationary tank for storing hazardous liquids
17.83Compliance certificate for above ground stationary tank can become invalid
17.84Repair, alteration, testing, inspection, and maintenance of below ground stationary tank for hazardous liquids
17.85Below ground stationary tank for hazardous liquids
17.86Compliance certificate for below ground stationary tank can become invalid
17.87Repair, maintenance, etc of equipment
17.88Repair, maintenance, etc of process container
17.89Compliance certificate for process container can become invalid
17.90Compliance certificate required for certain installed stationary container systems
17.91Requirements for compliance certificate
17.92Validity of compliance certificate for stationary container system
17.93Certification of designs or fabricators
17.94Duration of certification for fabricators
17.95Record of certified designs and fabricators
17.96Investigation and removal of design or fabricator
17.97Information to be shown on compliance certificate
17.98Requirement for more than 1 compliance certificate
17.99 Requirement to have secondary containment system for pooling substances
17.100Secondary containment for above ground stationary containers
17.101Secondary containment for below ground stationary containers
17.102Secondary containment systems for storage of class 3.1 substances in above ground stationary tank
17.103WorkSafe may increase capacity of tanks in secondary containment systems
17.104WorkSafe may increase aggregate capacity for groups of stationary tanks
17.105Additional and modified requirements for stationary tanks
18.1Interpretation
18.2Application
18.3Parts of laboratory to be impervious to hazardous substances
18.4Design of laboratory
18.5Entry to laboratories
18.6Recording of hazardous substances in laboratory
18.7Additional recording and notification requirements respecting sodium fluoroacetate
18.8Requirements respecting importation of sodium fluoroacetate
18.9Handling, packaging, and storage of approved hazardous substances
18.10Handling, packaging, and storage of unapproved hazardous substances
18.11Specifications of small containers
18.12Laboratory manager
18.13Skill and knowledge requirements for laboratory managers
18.14Knowledge requirements for persons handling hazardous substances
18.15Emergency response plan requirements
19.1Interpretation
19.2Application of Part 19
19.3Adding to list of hazardous substances that do not require tracking
19.4Tracked substances recording information
19.5Requirement to make record available
19.6Retention of records
19.7Transfer of tracked substance
20.1Consequential amendment to Health and Safety at Work (General Risk and Workplace Management) Regulations 2016
Explanatory note
Administrative Information

Regulations

1 Title

These regulations are the Health and Safety at Work (Hazardous Substances) Regulations 2017.

2 Commencement

(1)

This regulation and regulations 1, 3, 4, 6 to 12, 15.1, and 15.52 come into force on 1 September 2017.

(2)

Regulations 4.3, 13.26, and 13.27 come into force on 1 June 2018.

(3)

Regulation 13.28 comes into force on 1 December 2018.

(4)

Regulations 1.4 and 13.34 to 13.37 come into force on 1 June 2019.

(5)

Regulation 13.38 comes into force on 1 December 2019.

(6)

The rest of these regulations come into force on 1 December 2017.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

above ground stationary tank means a stationary tank that is—

(a)

fixed to or resting on the ground; or

(b)

fixed or attached to a structure that is fixed to or resting on the ground

aggregate water capacity means the aggregate or cumulative total volume of 1 or more containers, calculated as the equivalent volume of water at 20°C and at 101.3 kPa

alcohol has the same meaning as in section 5(1) of the Sale and Supply of Alcohol Act 2012

area of high intensity land use, in relation to an area beyond the boundary of a place where a hazardous substance location is situated, includes an area of regular habitation, any other hazardous substance location, and a high density traffic route

area of low intensity land use, in relation to an area beyond the boundary of a place where a hazardous substance location is situated,—

(a)

includes—

(i)

an area where any person may be legally present occasionally; and

(ii)

a public park or reserve; and

(iii)

a public traffic route of low or medium traffic density; but

(b)

does not include an area of regular habitation

area of regular habitation includes any dwelling, hospital, school, airport, commercial premises, office, or other area where people regularly congregate

AS 3780—2008 (2nd Edition) (R2009) means the Australian standard on The Storage and Handling of Corrosive Substances (2008 2nd edition reissued incorporating Amendment No. 1 2009)

Armed Forces has the same meaning as in section 2(1) of the Defence Act 1990

certified handler means a person who holds a compliance certificate that certifies that the person meets the competency requirements for certified handlers specified in regulation 4.3

Chief of Defence Force means the Chief of Defence Force appointed under section 8 of the Defence Act 1990

compliance certificate means a certificate (including a conditional compliance certificate) issued by a compliance certifier under subpart 2 of Part 6

compliance certifier means a person who is authorised to issue compliance certificates under regulation 6.8

compound

(a)

has the same meaning as in section 2(1) of the HSNO Act; but

(b)

in relation to the storage of a hazardous substance, means a basin, pit, excavation, hollow, or enclosure that is resistant to fire and—

(i)

is constructed of concrete, brick, clay, earth, or similar incombustible material; and

(ii)

is of such a nature and construction that it will effectively retain a hazardous substance that is a liquid if the hazardous substance leaks or flows out of its container

consumer product means a hazardous substance that is packed or repacked primarily for use by a household consumer or for use in an office and—

(a)

if packed or repacked primarily for use by a household consumer, is packed in a way and in a quantity in which it is intended to be used by the household consumer:

(b)

if packed or repacked primarily for use in an office, is packed in a way and in a quantity in which it is intended to be used for office use

contain, in relation to a hazardous substance or a gas under pressure in a container, includes to retain any quantity of the substance as a flammable vapour or gas after the container has been emptied

container

(a)

means any receptacle, whether movable or fixed, in which hazardous substances or gases under pressure may be encased, covered, enclosed, contained, or packaged; and

(b)

includes—

(i)

a receptacle that forms an integral part of a vehicle (other than part of a vehicle’s fuel system, electrical system, control system, or emergency system); and

(ii)

a stationary tank or a process container; and

(iii)

a package; and

(iv)

a supporting structure for a receptacle

controlled substance licence means a licence issued by WorkSafe under Part 7

controlled zone means an area abutting a hazardous substance location that is regulated so that,—

(a)

within the zone, the adverse effects of a hazardous substance are reduced or prevented; and

(b)

beyond the zone, members of the public are provided with reasonable protection from those adverse effects

Customs has the same meaning as in section 2(1) of the Customs and Excise Act 1996

cylinder

(a)

means a gas container (whether refillable or non-refillable) that is used or intended to be used for storing and transporting gases under pressure; and

(b)

includes a cryogenic container and a fire extinguisher; but

(c)

does not include an aerosol dispenser

dairy maintenance compound, in relation to a place where dairy material or product is processed, means a product used for maintaining, repairing, servicing, cleaning, or sanitising equipment, surfaces, or air that may be a source or cause of contamination of the dairy material or product or of any associated thing

Defence Force has the same meaning as in section 2(1) of the Defence Act 1990

desensitising agent has the same meaning as in the Hazardous Substances (Classification) Notice 2017

designated transfer zone

(a)

means a place established under regulation 9.44 for use for the transfer of a class 1 substance from one type of transport to another; but

(b)

does not include—

(i)

roll-on roll-off operations in which a vehicle or trailer with its load drives or is driven onto or into another means of transport for the duration of a journey; or

(ii)

a hazardous substance location; or

(iii)

a designated use zone

designated use zone

(a)

means a place established under regulation 9.28 for use for the detonation or deflagration of explosives; but

(b)

does not include a hazardous substance location, a designated transfer zone, or a discharge area

disposal has the same meaning as in section 2(1) of the HSNO Act

dissolved gas means a gas that, when packaged under pressure, is dissolved in a liquid phase solvent

distribution system has the same meaning as in section 2(1) of the Gas Act 1992

E10 means a blend of 10 per cent ethanol and 90 per cent petrol

E85 means a blend of 85 per cent ethanol and 15 per cent petrol

EN 417: 2012 means the European standard on Non-refillable metallic cartridges for liquefied petroleum gases, with or without a valve, for use with portable appliances—Construction, inspection, testing and marking

environmental medium, in relation to class 6 substances, means—

(a)

air, water, and soil; or

(b)

a surface onto which a class 6 substance may be deposited

explosive has the same meaning as in section 2(1) of the HSNO Act

fire extinguisher means a gas container intended to hold an extinguishant that can be discharged onto a fire by, or by being, a gas under pressure

fire-resistance rating, in relation to a building, a room, or any part or feature of a building or room, means the extent to which the building, room, or feature, is able to maintain its stability, insulation, and integrity (or the stability, insulation, and integrity of the building of which it is a part), and is able to offer protection against heat radiation for the time specified by the relevant rating in minutes, where stability, insulation, and integrity have the same meanings as in clause A2 of Schedule 1 of the Building Regulations 1992

firework has the same meaning as in section 2(1) of the HSNO Act, as modified by replacing the reference to hazardous substances with explosive properties with a reference to class 1 hazardous substances

fuel gas

(a)

means any fuel that is supplied through pipes or in containers and is a gas at 15°C and at 101.3 kPa absolute pressure; and

(b)

includes—

(i)

biogas, coal gas, natural gas, oil gas, producer gas, refinery gas, reformed natural gas, and liquefied petroleum gas; and

(ii)

any gaseous substance that the Governor-General declares by Order in Council to be a gas for the purposes of the Gas Act 1992; and

(iii)

any gas that is of a composition that complies with regulations made under the Gas Act 1992 for use as a fuel

fumigant means a class 6.1A, 6.1B, or 6.1C hazardous substance that is—

(a)

created for the purpose of fumigation; or

(b)

used for fumigation

fumigation means the use of a fumigant in its gaseous state for the purpose of destroying rodents, pests, other plant or animal organisms, or fungi

gas has the same meaning as in the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

gas appliance has the same meaning as in section 2(1) of the Gas Act 1992

gas container

(a)

means a container in which a gas under pressure is held, or intended to be held, with fittings or equipment designed to retain the gas in its compressed form; and

(b)

includes a cylinder, aerosol dispenser, fire extinguisher, cryogenic container, or tank (including a stationary tank); but

(c)

does not include—

(i)

a pressure vessel that is a pipeline under the Health and Safety in Employment (Pipelines) Regulations 1999; or

(ii)

an air receiver used in connection with the starting of an internal combustion engine; or

(iii)

a receiver that forms part of a compression plant; or

(iv)

a container that forms an integral part of a refrigerating unit; or

(v)

a pressurised container that forms an integral part of the motive or control system of a vehicle, a ship, or an aircraft (including the emergency system for a vehicle, ship, or aircraft); or

(vi)

an aerosol container with a water capacity of less than 50 ml or for which the absolute pressure developed at 20°C is less than 170 kPa; or

(vii)

a cartridge with a water capacity of less than 170 ml; or

(viii)

a non-refillable container with a water capacity of less than 100 ml; or

(ix)

a cylinder with a water capacity of less than 120 ml, if the contents are a liquefied gas with flammable properties; or

(x)

a cylinder with a water capacity of less than 500 ml, if the contents are not a liquefied gas with flammable properties; or

(xi)

a cylinder with a water capacity of more than 500 L, except that this subparagraph does not apply in relation to subpart 8 of Part 15 or table 1 in Schedule 20; or

(xii)

carbonated beverages or their containers

gas installation has the same meaning as in section 2(1) of the Gas Act 1992

gas under pressure means—

(a)

a compressed gas; or

(b)

a liquefied gas; or

(c)

a refrigerated liquefied gas; or

(d)

a dissolved gas

handle, in relation to a hazardous substance, does not include—

(a)

transport of the substance; or

(b)

loading the substance, or unloading it from, a vehicle or other mode of transport

hazard classification means one of the classes referred to in the Hazardous Substances (Classification) Notice 2017

hazardous area, except in regulation 10.7, means an area in which an explosive gas atmosphere is or may be expected to be present in such quantities as to require special precautions for the construction, installation, and use of equipment

hazardous substance has the meaning given in regulation 4

hazardous substance location,—

(a)

in relation to a class 1 substance,—

(i)

means an area where a quantity of the substance that is in excess of the relevant quantity specified in table 5 in Schedule 8 is manufactured, or is located for more than 2 hours:

(ii)

does not include a designated use zone, a discharge area, a designated transfer zone, a location authorised by WorkSafe under regulation 9.10(1)(e), or a means of transport within a transfer zone for the purpose of transfer:

(iii)

does not include a vehicle, a ship, or an aircraft while it remains under the direct control of its driver, master, or pilot and under the jurisdiction of the Land Transport Rules, the Maritime Rules, or the Civil Aviation Rules (as the case may be):

(b)

in relation to a class 2, 3, 4, 5, 6, or 8 substance,—

(i)

means an area where a quantity of the substance exceeds the relevant quantity specified in table 4 in Schedule 9, table 1 or 2 in Schedule 10, table 1 in Schedule 11, or regulation 13.38 is located for more than—

(A)

24 hours, in the case of a substance that is not subject to the tracking provisions of Part 19:

(B)

2 hours, in the case of a substance subject to the tracking provisions of Part 19:

(ii)

does not include a vehicle, a ship, or an aircraft while it remains under the direct control of its driver, master, or pilot and under the jurisdiction of the Land Transport Rules, the Maritime Rules, or the Civil Aviation Rules (as the case may be):

(iii)

does not include a transit depot

Hazardous Substances (Classification) Notice 2017 means the Hazardous Substances (Classification) Notice 2017 issued by the Environmental Protection Authority under Part 6 of the HSNO Act

Hazardous Substances (Disposal) Notice 2017 means the Hazardous Substances (Disposal) Notice 2017 issued by the Environmental Protection Authority under Part 6 of the HSNO Act

Hazardous Substances (Minimum Degrees of Hazard) Notice 2017 means the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017 issued by the Environmental Protection Authority under Part 6 of the HSNO Act

Hazardous Substances (Packaging) Notice 2017 means the Hazardous Substances (Packaging) Notice 2017 issued by the Environmental Protection Authority under Part 6 of the HSNO Act

hazardous waste means waste that is—

(a)

generated by a manufacturing or other industrial process; and

(b)

reasonably likely to be or contain a substance that meets 1 or more of the classification criteria for substances with explosive, flammable, oxidising, toxic, or corrosive properties under the Hazardous Substances (Classification) Notice 2017

high density, in relation to a public traffic route, means more than medium density

ignition source

(a)

means any agency or agent (including any item, product, part of a facility structure, or piece of equipment) capable of igniting a flammable gas, vapour, or other form of combustible substance; and

(b)

includes a fire, flame, or spark, or anything capable of producing a fire, flame, or spark

laboratory has the same meaning as in section 2(1) of the HSNO Act

life cycle has the same meaning as in section 2(1) of the HSNO Act

liquefied gas means a gas that is partially liquid at temperatures above −50°C when packaged under pressure

liquid has the same meaning as in the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

low density, in relation to a public traffic route, means not more than an average per 24 hours of—

(a)

1 000 vehicles on a road; or

(b)

50 rail wagons on a railway; or

(c)

400 people on a waterway; or

(d)

200 people along a public right of way

LPG means liquefied petroleum gas

medium density, in relation to a public traffic route, means more than low density but not more than an average per 24 hours of—

(a)

5 000 vehicles on a road; or

(b)

250 rail wagons on a railway; or

(c)

1 800 people on a waterway; or

(d)

900 people along a public right of way

member of the New Zealand Police means a Police employee within the meaning of the Policing Act 2008 who is—

(a)

a constable within the meaning of that Act; or

(b)

authorised under section 24(1)(b) of that Act to perform a policing role under the Arms Act 1983; or

(c)

authorised by the Arms Act 1983 to exercise powers under the Arms Act 1983

modified SADT means the SADT obtained by performing a modified version of the tests for determining the SADT so that, instead of the prescribed test quantity, the intended larger quantity of the substance is used

NFPA 86: 2015 means the Standard for ovens and furnaces

organism has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996

packaging has the same meaning as in the Hazardous Substances (Packaging) Notice 2017

passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

permanent gas means a gas with a critical temperature not exceeding –50°C, where critical temperature is the temperature of the gas in its critical state above which it cannot be liquefied by pressure alone

pipework

(a)

means piping that—

(i)

is connected to a tank (including a stationary tank) or a process container; and

(ii)

is used to transfer a hazardous substance into or out of the tank or process container; and

(b)

includes a process pipeline or a transfer line

Police or New Zealand Police has the same meaning as Police in section 4 of the Policing Act 2008

policing has the same meaning as in section 4 of the Policing Act 2008

pooling substance means a hazardous substance that—

(a)

is a liquid; or

(b)

is likely to liquefy in a fire

ppm means parts per million

prescribed exposure standard means a workplace exposure standard or biological exposure index that has the purpose of protecting persons in the workplace from harm to health and is prescribed in—

(a)

regulations:

(b)

a safe work instrument (including a safe work instrument that replaces a workplace exposure standard or biological index in an instrument referred to in paragraph (a), (c), (d), or (e)):

(c)

a control under section 77 or 77A, or an exposure limit under section 77B, of the HSNO Act:

(d)

a group standard issued under section 96B of the HSNO Act:

(e)

a notice of transfer issued under section 160A of the HSNO Act, as in force immediately before 2 July 2006 (when that section of that Act expired), and that was in force immediately before that date

process container means a stationary container, whether standing alone or forming part of a stationary container system, that contains or is intended to contain a hazardous substance in the course of manufacture or use of the substance (for example, a mixing container, reaction vessel, distillation column, drier, or dip tank)

protected place

(a)

includes—

(i)

a dwelling, residential building, place of worship, public building, school or college, hospital, child care facility, or theatre, or any building or open area in which persons are accustomed to assemble in large numbers, whether within or outside the property boundary of a place where a hazardous substance location is situated:

(ii)

any factory, workshop, office, store, warehouse, shop, or building where persons are regularly employed, whether within or outside the property boundary of a place where a hazardous substance location is situated:

(iii)

a ship lying at permanent berthing facilities:

(iv)

a public railway; but

(b)

does not include a small office or other small building associated with a place where storage, handling, use, manufacture, or disposal of a class 2, 3, 4, 5, 6, or 8 substance is a major function

public place

(a)

means a place (other than private property or a protected place) that is open to, and frequented by, the public; and

(b)

includes a public road

readily accessible, in relation to a duty to provide a document, means that the document is capable of being accessed without difficulty in hard copy, electronic, or other form

refrigerated liquefied gas means a gas that when packaged is partially liquid because of its low temperature

SADT or self-accelerating decomposition temperature has the same meaning as in the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

safe work instrument means an instrument approved by the Minister for Workplace Relations and Safety under section 227 of the Act

safety ammunition

(a)

means ammunition consisting of a cartridge case fitted with a centre or rim fire primer and containing both a propelling charge and a solid projectile, designed to be fired in weapons of a calibre not larger than 19.1 mm; and

(b)

includes shotgun cartridges of any calibre

secondary containment system, in relation to a workplace, means a system or systems—

(a)

in which pooling substances held in the workplace will be contained if they escape from the container or containers in which they are being held; and

(b)

from which they can, subject to unavoidable wastage, be recovered

sodium fluoroacetate

(a)

means sodium fluoroacetate (Chemical Abstracts Service (CAS) registry number 62-74-8); but

(b)

does not include any formulated substances containing sodium fluoroacetate

solid has the same meaning as in the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

stationary container system

(a)

means a stationary tank or process container; and

(b)

includes its associated equipment, pipework, and fittings (up to and including all transfer points)

stationary tank

(a)

means a tank, whether standing alone or forming part of a stationary container system, that is—

(i)

used or intended to be used for the storage or supply of—

(A)

1 or more hazardous substances, in all Parts of these regulations other than Part 15:

(B)

1 or more hazardous substances, or 1 or more gases under pressure, in Part 15:

(ii)

normally located at a specific place; and

(b)

includes—

(i)

all parts and materials (for example, coatings) that contribute to maintaining the structural and functional integrity of the tank; and

(ii)

any means of closing the tank (for example, a lid or fitted cover); and

(iii)

any component of the tank intended to protect the contents of the tank from harm (for example, lightning protection); and

(iv)

any other component that is an integral part of the tank (for example, a liquid level indicator, heating coil, or internal valve); but

(c)

does not include—

(i)

packaging to which the Hazardous Substances (Packaging) Notice 2017 applies; or

(ii)

packaging to which chapters 6.5 (Requirements for the construction and testing of Intermediate Bulk Containers) and 6.7 (Requirements for the design, construction, inspection and testing of Portable Tanks and Multiple Element Gas Containers) of the UN Model Regulations apply; or

(iii)

a cylinder to which Part 15 applies

substance has the same meaning as in section 2(1) of HSNO Act

SwRI 93-01 means the SwRI standard on Test Procedures 93-01: Testing requirements for protected aboveground flammable liquid/fuel storage tanks

SwRI 95-03 means the SwRI standard on Testing requirements for multi-hazard protected aboveground flammable liquid/fuel storage tanks

tank,—

(a)

in relation to a stationary tank, means a container used or intended to be used for the storage or supply of—

(i)

1 or more hazardous substances, in all Parts of these regulations other than Part 15:

(ii)

1 or more hazardous substances, or 1 or more gases under pressure, in Part 15:

(b)

in relation to a tank wagon, means an enclosed receptacle permanently fixed to the chassis of the wagon, and includes—

(i)

any compartments and all components, fittings, and materials (including coatings) necessary for the tank to perform its containment function; and

(ii)

all parts affecting the structural integrity of the tank and the means of closing the tank

tank wagon means a vehicle (whether motorised or not) that is constructed for the primary purpose of the bulk transport by road or rail of 1 or more hazardous substances in the form of liquid or gas, and includes (without limitation)—

(a)

a tank truck or refuelling unit, that—

(i)

has its own means of propulsion; and

(ii)

contains a tank; and

(b)

a tank semi-trailer, tank trailer, or rail wagon that contains a tank

teat-sanitising product means a product applied to a milking animal to reduce bacterial populations on teat skin, and includes udder creams

tolerable exposure limit or TEL means a concentration of a substance in an environmental medium as set in accordance with section 77B of the HSNO Act

total pooling potential, in relation to a workplace or a place within a workplace, means the aggregate quantity of all pooling substances present at the workplace or place

toxic has the same meaning as in section 2(1) of the HSNO Act

transfer line means piping that—

(a)

is used or intended to be used to transfer a hazardous substance between a stationary tank and—

(i)

another stationary tank; or

(ii)

a vehicle, a ship, or an aircraft; and

(b)

includes a wharf line and a bunker line

transfer point, in relation to a stationary container system, means the point at which pipework connected to the stationary container system terminates at—

(a)

a dispensing device used to fill packaging or the fuel system, electrical system, or control system of a vehicle, a ship, or an aircraft; or

(b)

a fitting that is periodically connected to a transfer line to or from a ship or bulk transport container such as a tank wagon, ship, or aircraft

transit depot means a permanent place (except a means of transport or any place where hazardous substances are held for sale or supply) used as a transport depot that is intended to hold hazardous substances in containers that remain unopened during the time that they are present at the depot for periods—

(a)

that are more than—

(i)

24 hours, for a substance that is not subject to the tracking provisions in Part 19:

(ii)

2 hours, for a substance subject to the tracking provisions in Part 19; but

(b)

that in no case exceeds 3 days

transportable container means a container that—

(a)

is not fixed to a chassis; and

(b)

can be unloaded at a destination or transferred to another transport mode; and

(c)

is referred to in chapter 6.5 or 6.7 of the UN Model Regulations

UN Manual of tests and criteria means the 5th revised edition of the Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, published by the United Nations, 2009

UN Model Regulations means 19th revised edition of the Recommendations on the Transport of Dangerous Goods, Model Regulations, published by the United Nations, 2015

vapour means a gaseous form of a hazardous substance released from its liquid or solid state

vehicle means a motorised land transport vehicle, but also includes a tank wagon

veterinary medicine has the same meaning as in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997

vulnerable facility means any of the following facilities:

(a)

buildings of 4 storeys or more, of curtain wall construction with panels more than 1 500 mm square:

(b)

buildings of 4 storeys or more with more than 50% of the wall area glazed:

(c)

a hospital care institution, residential disability care institution, or rest home (as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001), early childhood education and care centre (as defined in section 310 of the Education Act 1989), or school (as established under section 146 of the Education Act 1989):

(d)

public buildings or structures of historic value:

(e)

major transport and traffic terminals such as railway stations and airports handling more than 1 800 people in 24 hours:

(f)

major public utilities whose service could be disrupted by a blast of 5 kPa:

(g)

any similar facilities.

(2)

A reference in these regulations to a substance that is likely to be present at a workplace, in a container, or in any other place or thing is a reference to the maximum capacity of the workplace, container, or other place or thing to contain the substance.

(3)

A reference in these regulations to a site plan is a reference to a plan of the relevant place that is accurate and drawn to scale to the extent necessary to enable the plan to meet its purpose in the provision that refers to it (in particular, by enabling a person inspecting the plan to identify actual distances and other relevant dimensions) and need not necessarily be prepared by a person with qualifications in the preparation of plans.

(4)

Other terms or expressions used and not defined in these regulations but defined in the Act have, in these regulations, the same meaning as in the Act.

Compare: SR 2001/116 r 3

4 Meaning of hazardous substance

(1)

In these regulations, unless the context otherwise requires, hazardous substance

(a)

has the same meaning as in section 2(1) of the HSNO Act, as that meaning is modified by subclause (2); but

(b)

does not include food, but includes a food additive; and

(c)

does not include medicine, but includes new medicine that is treated as hazardous under the HSNO Act; and

(d)

does not include a psychoactive substance that is treated as not hazardous under the HSNO Act.

(2)

The meaning of hazardous substance is modified for the purposes of these regulations by omitting paragraph (a)(vi) (ecotoxicity) of the definition of hazardous substance in section 2(1) of the HSNO Act.

(3)

Subclause (1)(a) applies despite the definition of hazardous substance in section 16 of the Act.

(4)

In this regulation,—

adopted joint food standard has the same meaning as in section 397 of the Food Act 2014

food

(a)

has the same meaning as in section 9 of the Food Act 2014; but

(b)

does not include a food additive

food additive means a substance that—

(a)

is identified in an adopted joint food standard as a substance intended to be mixed with or added to any food or drink; and

(b)

has not been so mixed or added

medicine

(a)

has the same meaning as in section 3 of the Medicines Act 1981; but

(b)

does not include gas that—

(i)

is contained in a container of a capacity greater than 100 mL at a pressure greater than 170 kPa; and

(ii)

has not been administered to any person for a therapeutic purpose; and

(c)

does not include new medicine that is treated as hazardous under the HSNO Act

new medicine has the same meaning as in section 3 of the Medicines Act 1981

psychoactive substance has the same meaning as in section 9 of the Psychoactive Substances Act 2013

therapeutic purpose has the same meaning as in section 4 of the Medicines Act 1981.

Transitional, savings, and related provisions

5 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

References to hazard classifications, standards, distances, and quantities

6 References to class, hazard classifications, etc

Where these regulations refer to a hazardous substance or to hazardous substances by reference to any 1 or more numerals and letters, then, unless the context otherwise requires, the combination of numerals and letters constitutes the hazard classification of the substance as follows:

(a)

the first (or only) numeral refers to the class of the substance, indicating the intrinsic hazardous properties of the substance as described in clause 4(1)(a) of the Hazardous Substances (Classification) Notice 2017; and

(b)

the second and any subsequent numerals (if any) refer to the subclass of the substance within that class, indicating the type of hazard of the substance as described in clause 4(1)(b) of that notice; and

(c)

the letter (if any) refers to the category of the substance indicating,—

(i)

for class 2, 3, 4, 5, and 8 substances, the degree of hazard of the substance as described in clause 4(1)(c) of that notice:

(ii)

for class 1 and 6 substances, the classification described in clause 4(6) and (7) of that notice.

Compare: SR 2001/116 r 4

7 References to standards

(1)

In these regulations, in relation to a standard,—

AS means the Australian Standard or Standards Australia

ASME means the American Society of Mechanical Engineers

AS/NZS means the joint Australian and New Zealand Standard

ASTM means the American Society for Testing and Materials International

BS means the British Standard

EN means the European Standard

IEC means the International Electrotechnical Commission

ISO means the International Organization for Standardization

NFPA means the National Fire Protection Association, Massachusetts, USA

NZS means the New Zealand Standard or Standards New Zealand

NZS/BS means the joint New Zealand and British Standard

standard has the same meaning as in section 4(1) of the Standards and Accreditation Act 2015

SwRI means the Southwest Research Institute, San Antonio, Texas, USA.

(2)

In these regulations, a reference to a UL standard is a reference to a standard published by UL LLC, a United States limited liability company.

8 References to distances

Any distances referred to in these regulations are, unless the context otherwise requires, to be read so that the shortest horizontal distance between the relevant points is not less than the distance stated.

Compare: SR 2001/116 r 5

9 Separation distances not to extend beyond boundary unless agreed

A separation distance required by these regulations must not, unless the context otherwise requires, be calculated beyond the boundary of the property at which the relevant hazardous substance is present unless the owner, lessee, sub-lessee, occupier, or person in possession of any property beyond that boundary (the adjacent property) agrees in writing that the separation distance may be calculated to include the adjacent property.

10 References to quantities

(1)

In determining whether the requirement for a hazardous substance location or a compliance certificate is activated, the threshold quantity is exceeded if the quantity-ratio sum is greater than 1 when determined in accordance with the following formula:

quantity-ratio sum = Σ [qpi/qai]

where—

Σ

is the symbol for summation of the calculated ratios for all the hazard classifications present

qpi

is the quantity of substance with a particular hazard classification present

qai

is the quantity of substance of that hazard classification that activates the relevant requirement.

(2)

The quantity-ratio sum for class 1 to 5 substances must—

(a)

sum only substances of the same subclass (for example, class 3.1A, 3.1B, and 3.1C substances); and

(b)

include only those classes that trigger the requirement.

(3)

The threshold quantity-ratio sum for class 6 and 8 substances must include both classes unless the substances are incompatible as specified in Schedule 15 and are stored separately.

(4)

Unless otherwise specified, the quantity of an organic peroxide must be determined by mass.

(5)

Where a quantity of gas is specified—

(a)

as cubic metres (m3), this volume is determined by taking the contents and conditions of the gas held in a container and then calculating the volume that the gas would occupy at 15°C and 101.3 kPa absolute pressure:

(b)

in kilograms (kg), this refers to the net weight of the gas in liquefied form as held in its container.

(6)

Where a quantity refers to a class 1 substance, that quantity must be a net explosive quantity (NEQ), where NEQ is the gross weight less the weight of any construction materials of the article in kilograms (kg).

Compare: SR 2001/116 r 6

Relationship of regulations with safe work instruments

11 Safe work instruments that impose or modify requirements

(1)

An obligation imposed by a referring provision on a PCBU or other person to comply or ensure compliance with a relevant safe work instrument is to be treated as an obligation to comply or ensure compliance, in accordance with the instrument, with—

(a)

the modified requirements in the referring provision; or

(b)

the instrument in place of the requirements in the referring provision.

(2)

A PCBU or other person who contravenes an obligation of a kind described in subclause (1) contravenes the referring provision.

(3)

This regulation does not apply to a safe work instrument approved for the purposes of regulation 11.39, 13.46, 16.46, or 17.105.

(4)

In this regulation,—

modified requirements means the requirements of the referring provision as modified by the safe work instrument, including by—

(a)

varying a requirement; or

(b)

replacing a requirement; or

(c)

providing an alternative method of complying with a requirement; or

(d)

deleting a requirement; or

(e)

adding a new requirement

referring provision means a provision of these regulations that refers to a safe work instrument

relevant, in relation to a safe work instrument,—

(a)

means the instrument relates to the same matter as the referring provision; and

(b)

includes a relevant part of a safe work instrument that relates to a range of matters.

12 Safe work instruments that prescribe exposure standards

(1)

A safe work instrument may be approved that prescribes an exposure standard for the purposes of paragraph (b) of the definition of prescribed exposure standard in regulation 3(1).

(2)

In addition, a safe work instrument approved for the purposes of any other provision of these regulations that refers to safe work instruments has effect for the purposes of paragraph (b) of the definition of prescribed exposure standard in regulation 3(1).

Part 1 Application

Application to Armed Forces

1.1 Application to Defence Force

(1)

These regulations—

(a)

do not apply to a hazardous substance, or to a gas under pressure, under the control of the Defence Force in the circumstances set out in—

(i)

section 7(3) of the Act; or

(b)

apply to a hazardous substance, or to a gas under pressure, controlled by the Defence Force only to the extent and in the manner set out in regulation 1.2(4) and (5).

(2)

In regulations 1.2 and 1.3,—

Civil Staff has the same meaning as in section 2(1) of the Defence Act 1990

Hazardous Substances Order means a Defence Force Order issued and promulgated in place of these regulations under section 27 of the Defence Act 1990 regulating, in accordance with regulation 1.2(2), the management of hazardous substances in connection with any functions and operations of the Defence Force

officer has the same meaning as in section 2(1) of the Defence Act 1990.

1.2 Management of hazardous substances controlled by Defence Force

(1)

This regulation applies if the Chief of Defence Force or any other officer or person authorised by the Chief of Defence Force has—

(a)

issued and promulgated a Hazardous Substances Order; and

(b)

provided a copy of the order to WorkSafe.

(2)

The Chief of Defence Force must ensure that the work health and safety requirements in the Hazardous Substances Order are, to the extent that is reasonably practicable, consistent with the requirements of these regulations.

(3)

The Chief of Defence Force must ensure that the management of hazardous substances in connection with the functions and operation of the Defence Force, both by members of the Armed Forces and by the Civil Staff and other persons who are not members of the Armed Forces, is carried out in accordance with the Hazardous Substances Order.

(4)

For the purpose of the management of hazardous substances in connection with the functions and operation of the Defence Force by the Civil Staff and other persons who are not members of the Armed Forces,—

(a)

the Defence Force (in its capacity as a PCBU) and those persons must comply with the Hazardous Substances Order as if its requirements were requirements of these regulations; and

(b)

a requirement in the order may be enforced in relation to any person referred to in paragraph (a) in the same way as a requirement in these regulations, subject to subclause (5).

(5)

For the purposes of subclause (4)(b),—

(a)

a failure by the Defence Force (in its capacity as a PCBU) to comply with the Hazardous Substances Order is an offence against these regulations punishable on conviction by a fine not exceeding $50,000:

(b)

a failure by a member of the Civil Staff or another person who is not a member of the Armed Forces to comply with the Hazardous Substances Order is an offence against these regulations punishable on conviction by a fine not exceeding $2,000:

(c)

to avoid doubt, no prosecution may be brought under paragraph (a) or (b) against a member of the Armed Forces.

1.3 Further obligations of Chief of Defence Force

The Chief of Defence Force or any other officer or person authorised by the Chief of Defence Force must—

(a)

give a copy of the Hazardous Substances Order (and any amendment to the order) to WorkSafe; and

(b)

in consultation with WorkSafe, periodically review the requirements for the management of hazardous substances in the Hazardous Substances Order; and

(c)

report the results of that review to the Minister and the Minister of Defence.

Application to hazardous waste

1.4 Hazardous waste

These regulations apply to the use, handling, and storage of hazardous waste.

Exemption of certain hazardous substances

1.5 Hazardous substances used for motive power or control of vehicle, ship, or aircraft

These regulations do not apply to a hazardous substance that is—

(a)

used as the motive power for, or to control, a vehicle, a ship, or an aircraft, (including the emergency system for a vehicle, ship, or aircraft); and

(b)

contained in the fuel system, electrical system, control system, or emergency system of the vehicle, ship, or aircraft.

Compare: SR 2001/117 r 4; SR 2001/120 r 7; SR 2001/123 r 4; SR 2001/124 r 4

1.6 Transport by land, sea, or air

(1)

These regulations apply to hazardous substances transported by land, sea, or air only as provided in subclauses (2) and (3).

(2)

The following provisions of these regulations (in addition to the requirements of the Land Transport Rule: Dangerous Goods 2005) apply to hazardous substances transported by land:

(g)

(3)

The following provisions of these regulations (in addition to Part 24A of the Maritime Rules (carriage of cargoes—dangerous goods) and Part 92 of the Civil Aviation Rules (carriage of dangerous goods)) apply to hazardous substances transported by sea or air:

1.7 Offshore petroleum installations

(1)

These regulations do not apply to any hazardous substance present on an offshore installation within the meaning of the Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016.

(2)

This regulation overrides all other provisions of these regulations.

1.8 Fuel gas

(1)

These regulations do not apply to any fuel gas that is supplied through a distribution system, or is used in a gas installation or gas appliance, within the meaning of the Gas Act 1992.

(2)

These regulations do not apply to any fuel gas conveyed through a pipeline within the meaning of the Health and Safety in Employment (Pipelines) Regulations 1999.

Compare: SR 2001/120 r 7; SR 2001/123 r 4A; SR 2001/124 r 5

1.9 Ethanol dilutions

These regulations do not apply to a substance that is an ethanol-water dilution intended for drinking—

(a)

when the substance is stored in containers of a capacity greater than 5 L; or

(b)

when the ethanol content of the substance is not more than 15% by volume.

1.10 Transhipment of class 1 substances through New Zealand

(1)

A PCBU with management or control of a ship or aircraft must not transport or store on the ship or aircraft a class 1 substance that is being transhipped through New Zealand unless the PCBU has obtained a permit from WorkSafe for that purpose.

(2)

A PCBU with management or control of the unloading, handling, storage (other than on a ship or aircraft), transportation by land, or reloading of a class 1 substance that is being transhipped through New Zealand must not carry out that work or direct or allow it to be carried out unless the PCBU—

(a)

has obtained a permit from WorkSafe for that purpose; or

(b)

operates under a permit obtained by another PCBU to whom this subclause applies.

(3)

Subclause (2) does not apply to a PCBU who complies with all applicable requirements of these regulations.

(4)

A PCBU who holds a permit issued under subclause (2), or who operates under another permit, is not required to comply with the provisions of these regulations that relate to the matters to which the permit applies.

(5)

In giving a permit under subclause (1) or (2), WorkSafe may impose any conditions it considers appropriate, including—

(a)

conditions relating to the matters covered by the permit:

(b)

conditions that require compliance with applicable provisions of these regulations, with or without modification:

(c)

conditions that apply to the permit holder or any other PCBU who operates under the permit.

(6)

An application for a permit must—

(a)

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

(b)

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

(7)

In this regulation,—

modification, in relation to a provision of these regulations, means—

(a)

the variation, replacement, or deletion of a requirement in the provision; or

(b)

the provision of an alternative means of complying with a requirement in the provision

tranship, in relation to a class 1 substance, means to import the substance into New Zealand solely for the purpose of export within 20 working days to another destination outside New Zealand.

1.11 Laboratories

(1)

These regulations apply to laboratories, subject to subclause (2).

(2)

Parts 2 to 17 and 19 do not apply to a laboratory referred to in regulation 18.2, except as provided in Part 18.

1.12 Gas under pressure

(1)

Provisions of these regulations that apply to gas under pressure apply whether or not the gas is a hazardous substance.

(2)

These regulations do not apply to a gas under pressure that is—

(a)

used as the motive power for, or to control, a vehicle, a ship, or an aircraft, (including the emergency system for a vehicle, ship, or aircraft); and

(b)

contained in the fuel system, electrical system, control system, or emergency system of the vehicle, ship, or aircraft.

(3)

A term that is defined in these regulations in relation to a hazardous substance, and that is used in these regulations in relation to a gas under pressure, has its defined meaning in relation to a gas under pressure.

Part 2 Labelling, signage, safety data sheets, and packaging

Labelling

2.1 Workplace labelling of hazardous substance containers

(1)

A PCBU with management or control of a workplace must ensure that a container at the workplace that contains a hazardous substance is, while it contains the hazardous substance, labelled in accordance with subclause (2) if—

(a)

the hazardous substance is—

(i)

manufactured at the workplace; or

(ii)

transferred or decanted from its original container at the workplace into a portable container with a capacity of 40 L or less; and

(b)

the hazardous substance will not be supplied to a person outside the workplace.

(2)

A hazardous substance is labelled correctly under subclause (1) if it is packed in a container that has a label in English that includes—

(a)

the product name or chemical name; and

(b)

a hazard pictogram and hazard statement consistent with the correct classification of the substance.

(3)

The PCBU must ensure that a container that is labelled for a hazardous substance in accordance with subclause (2) is relabelled if the original label ceases to be legible.

(4)

The PCBU must ensure that a container at that workplace that is labelled for a hazardous substance is used only for the use, handling, or storage of that hazardous substance.

(5)

This regulation does not apply if—

(a)

the hazardous substance is used so soon after being put in the container that it is impracticable to label the container in accordance with this regulation; and

(b)

the container is thoroughly cleaned immediately after the hazardous substance is used so that no residue remains that may present a hazard.

(6)

This regulation does not apply in relation to anhydrous ammonia that is contained in plant in which anhydrous ammonia is used as a refrigerant.

(7)

A person who contravenes this regulation 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.

2.2 Labelling of other containers containing hazardous substances

(1)

A PCBU with management or control of a workplace must, so far as is reasonably practicable, ensure that a container that contains a hazardous substance to which regulation 2.1 does not apply, retains the manufacturer or importer label and that the label is maintained in a legible condition.

(2)

A PCBU who contravenes this regulation 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.

2.3 Labelling of containers for hazardous waste located in workplace

(1)

A PCBU with management or control of a workplace where hazardous waste is located must ensure that it is correctly labelled in accordance with this regulation.

(2)

The hazardous waste is correctly labelled if it is packed in a container that has a label in English that includes—

(a)

identification of the waste that reflects the nature of the waste as closely as possible (for example, chlorinated solvent waste, flammable waste, chromium VI waste); and

(b)

the name, address, and business telephone number of the producer of the waste (if known); and

(c)

a hazard pictogram and hazard statement consistent with the classification of the waste (if known) based on the known or likely constituents of the waste.

(3)

A person who contravenes this regulation 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.

2.4 Alternative labelling for stationary tanks, process containers, and transportable containers

(1)

A PCBU with management or control of a workplace must ensure that there is, on or near a stationary tank or a process container with a hazardous substance inside it, a label that includes—

(a)

the product name or chemical name; and

(b)

a hazard pictogram and hazard statement consistent with the correct classification of the substance; and

(c)

if the substance is an explosive substance, a flammable substance, an oxidising substance, or an organic peroxide, a description of (as the case requires)—

(i)

the steps to be taken to prevent an unintended explosion; or

(ii)

the steps to be taken to prevent an unintended ignition; or

(iii)

the steps to be taken to prevent an unintended combustion, acceleration of a fire, or thermal decomposition.

(2)

A PCBU with management or control of a workplace must ensure that there is at all times available to people near a tank wagon or a transportable container with a hazardous substance inside it, information that complies with those of the following requirements that apply in the circumstances:

(a)

Land Transport Rule: Dangerous Goods 2005:

(b)

Part 24A of the Maritime Rules (carriage of cargoes—dangerous goods):

(c)

Part 92 of the Civil Aviation Rules (carriage of dangerous goods).

(3)

A person who contravenes this regulation 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.

Signage

2.5 Duty of PCBU to display signage: general duty

(1)

This regulation applies to a workplace where—

(a)

quantities of a hazardous substance with a hazard classification specified in the first column of the table in Schedule 3 and in a form specified in the second column of that table, that exceed the quantity specified for that classification in the third column of that table are present; or

(b)

more than 50 kg of LPG, propane, butane, or isobutane is present within a building; or

(c)

any quantity of LPG, propane, butane, isobutane, or other flammable refrigerant is present in an integral part of a refrigeration system that is contained in a machinery room as defined in AS/NZS 5149.1: 2016, AS/NZS 5149.2: 2016, AS/NZS 5149.3: 2016, and AS/NZS 5149.4: 2016—Refrigerating systems and heat pumps—Safety and environmental requirements; or

(d)

more than 250 kg of LPG, propane, butane, or isobutane is present in a place other than a building.

(2)

The PCBU with management or control of the workplace must ensure that—

(a)

the signage required by regulation 2.6 is displayed; and

(b)

the content, presentation, and positioning of the signage comply with that regulation; and

(c)

the signage meets the following requirements for comprehensibility, clarity, and durability:

(i)

the signage is in English:

(ii)

the signage is readily understandable:

(iii)

abbreviations and acronyms are not used unless they are in common English usage and the term described by the abbreviation or acronym is used at least once on the signage:

(iv)

all required information is clearly visible and legible at a distance of not less than 10 m under varying conditions (for example, rain or poor light):

(v)

the signage is made of materials that are durable, are resistant to sunlight, and require minimal maintenance.

(3)

Subclause (1)(a) does not apply to anhydrous ammonia that is contained in plant in which anhydrous ammonia is used as a refrigerant.

(4)

Subclause (2)(c)(iv) does not apply to signage at a service station where E10, E85, petrol, or diesel is stored for the refuelling of vehicles of the general public if the signs are clearly visible and legible at the point of refuelling.

(5)

A person who contravenes this regulation 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.

Compare: SR 2001/123 r 42 and SR 2001/124 r 51

2.6 Signage requirements for general duty

(1)

For the purposes of regulation 2.5, if a hazardous substance is located in a building at a workplace, but is not confined to a particular room or compartment within the building, the PCBU with management or control of the workplace must ensure that there is positioned at every vehicular and pedestrian entrance to the building and the land on which the building is located signage—

(a)

stating that hazardous substances are present; and

(b)

stating the general type of hazard of each of them; and

(c)

describing the immediate response action to be taken in an emergency.

(2)

Despite subclause (1), if the hazardous substance is a class 1 substance, the PCBU must ensure that signage that complies with paragraphs (a) to (c) of that subclause is positioned—

(a)

at every vehicular and pedestrian entrance to the building; and

(b)

at every approach to the building that is within the boundary of the land where the building is located and that emergency services organisations may use.

(3)

If hazardous substances are located in a particular room or compartment within the building, the PCBU with management or control of the workplace must ensure that signage that complies with subclause (5) is positioned at each entrance to the room or compartment.

(4)

If hazardous substances are located in an outdoor area, the PCBU with management or control of the workplace must ensure that signage that complies with subclause (5) is positioned immediately next to that area.

(5)

The signage required by subclauses (3) and (4) must—

(a)

contain—

(i)

the word EXPLOSIVES in relation to class 1 substances; or

(ii)

the word HAZCHEM in relation to class 2, 3, 4, 5, 6, or 8 substances; and

(b)

state the hazardous properties and describe the general type of hazard relating to each category of hazardous substance present through the use of—

(i)

hazard pictograms consistent with the correct classification of the hazardous substances present; or

(ii)

hazard statements consistent with the correct classification of the hazardous substances present; and

(c)

describe,—

(i)

if the substances include explosive substances, the precautions necessary to prevent unintended explosion of an explosive substance; and

(ii)

if the substances include flammable substances, the precautions necessary to prevent unintended ignition of a substance; and

(iii)

if the substances include oxidising substances or organic peroxides, the precautions necessary to prevent unintended combustion of, acceleration of a fire from, or thermal decomposition of, an oxidising substance or organic peroxide; and

(d)

describe the immediate response action to be taken in an emergency.

(6)

Subclause (4) does not apply if the hazardous substance is class 6.1A, 6.1B, or 6.1C vertebrate toxic agents or agrichemicals at a temporary storage site.

Example

The following are examples of temporary storage sites:

(a)

a temporary field bait handling site:

(b)

an aircraft loading site.

Compare: SR 2001/124 r 52

2.7 Signage requirements for transit depots

(1)

A PCBU with management or control of a transit depot at which containers that contain hazardous substances are located must ensure that—

(a)

there is positioned at the primary points of vehicular and pedestrian entry to the land on which the transit depot is located signage that—

(i)

contains the word HAZCHEM; and

(ii)

identifies the site as a transit depot; and

(iii)

warns people that hazardous substances may be present on the site; and

(b)

that signage complies with regulation 2.5(2)(c).

(2)

A PCBU who contravenes this regulation 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.

2.8 Additional signage requirements for fireworks and safety ammunition

(1)

This regulation applies in relation to fireworks or safety ammunition that is located in a building at a workplace, but is not confined to a particular room or compartment within the building.

(2)

A PCBU with management or control of the workplace or building must, in addition to complying with regulation 2.5, ensure that there is positioned at the primary points of vehicular and pedestrian entry to the building, and at the primary points of vehicular and pedestrian entry to the land on which the building is located, signage—

(a)

stating that fireworks or safety ammunition (as the case may be) is present; and

(b)

stating its general type of hazard; and

(c)

describing its general type of classification; and

(d)

describing the immediate response action to be taken in an emergency.

(3)

Despite subclause (2), the PCBU is not required to comply with regulation 2.6(1) and (2).

(4)

A PCBU who contravenes this regulation 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.

2.9 Signage at workplace where milking animals are milked

(1)

A PCBU with management or control of a workplace where a hazardous substance that is a teat-sanitising product or a dairy maintenance compound is located in a building in which milking animals are milked must ensure that—

(a)

signage is positioned at the primary vehicular or pedestrian entrance to the building—

(i)

stating that hazardous substances are present; and

(ii)

stating the general type of hazard of each of them; and

(iii)

describing the immediate response action to be taken in an emergency; and

(b)

that signage complies with regulation 2.5(2)(c).

(2)

A PCBU who contravenes this regulation 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.

2.10 Duty of PCBU to maintain signage

(1)

A PCBU who is required to display signage must—

(a)

alter the signage as soon as practicable if a change in the type, class, or quantity of hazardous substances present at the workplace requires different information to be displayed; and

(b)

ensure that the signage is—

(i)

kept clean; and

(ii)

maintained in good repair; and

(iii)

not covered or obscured.

(2)

A PCBU who contravenes this regulation 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.

Safety data sheets

2.11 Duty of PCBU to obtain and provide access to safety data sheets

(1)

A PCBU with management or control of a workplace must obtain the current safety data sheet for a hazardous substance from the manufacturer, importer, or supplier of the hazardous substance in the following circumstances:

(a)

when the hazardous substance is first supplied for use at the workplace:

(b)

when the hazardous substance is first supplied to the workplace after the safety data sheet is amended.

(2)

The hazardous substance must be treated as first supplied to a workplace if the supply is the first supply of the substance to the workplace for a period of 5 years.

(3)

The PCBU must ensure that the current safety data sheet for the hazardous substance or a condensed version of the key information from the safety data sheet (for example, a product safety card) is readily accessible—

(a)

to a worker who is in his or her work areas at the workplace; and

(b)

to any emergency service worker, or anyone else, who is likely to be exposed to the hazardous substance at the workplace.

(4)

In the case of workers who travel between workplaces because their work is carried out in more than 1 geographical location, the safety data sheet may be kept at the PCBU’s principal place of business if those workers (wherever they are) can immediately obtain the key information from the safety data sheet (or a condensed version) in an emergency.

(5)

Subclauses (1) to (4) do not apply to a hazardous substance that—

(a)

is in transit; or

(b)

in the case of a substance in a workplace of a retailer,—

(i)

is a consumer product; and

(ii)

is in that workplace only for the purpose of supply to other premises; and

(iii)

is not intended to be opened on the retailer’s premises; or

(c)

is a consumer product in a workplace and is used at the workplace only in quantities, and in a way, that is consistent with household use; or

(d)

is anhydrous ammonia that is contained in plant in which anhydrous ammonia is used as a refrigerant, except in the case of quantities of anhydrous ammonia in excess of 100 kg.

(6)

In the circumstances referred to in subclause (5), the PCBU must ensure that sufficient information about the safe use, handling, and storage of the hazardous substance is readily accessible to a worker who is in his or her work area at the workplace.

(7)

A PCBU who contravenes this regulation 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.

Packaging

2.12 Duty of PCBU relating to packaging of decanted or transferred substances

(1)

This regulation applies if a hazardous substance is decanted or transferred from a container in the workplace for use within that workplace.

(2)

A PCBU with management or control of the workplace must ensure that the hazardous substance is packaged in a container that—

(a)

is in sound condition; and

(b)

will safely contain the hazardous substance—

(i)

within the range of temperatures at which the container is to be used; and

(ii)

while the substance is likely to be packaged; and

(c)

is made of material that is compatible with, and will not be adversely affected by, the hazardous substance; and

(d)

does not usually contain food or beverages and cannot be mistakenly identified as containing food or beverages.

(3)

A PCBU who contravenes this regulation 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.

2.13 Packaging of other containers containing hazardous substances

(1)

A PCBU with management or control of a workplace must, so far as is reasonably practicable, ensure that a hazardous substance to which regulation 2.12 does not apply is packaged in a container that is in sound condition.

(2)

A PCBU who contravenes this regulation 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.

2.14 Duty of PCBU in relation to certain portable containers

(1)

This regulation applies if petrol, aviation gasoline, or racing gasoline is decanted or transferred from a container at a workplace into a portable container that has a capacity of 25 L or less.

(2)

A PCBU with management or control of the workplace must ensure that the portable container complies with the requirements of—

(a)

AS/NZS 2906:2001—Fuel containers—Portable—Plastics and metal; or

(b)

ASTM F852:08—Standard specification for portable gasoline containers for consumer use; or

(c)

a standard referred to in a safe work instrument.

(3)

A PCBU who contravenes this regulation 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.

Part 3 General duties relating to risk management

3.1 Duty of PCBU to keep hazardous substances inventory

(1)

A PCBU with management or control of a workplace must ensure that—

(a)

an inventory of hazardous substances used, handled, manufactured, or stored at the workplace is prepared and kept at the workplace; and

(b)

the inventory is maintained to ensure the information in the inventory is up to date.

(2)

The inventory must include—

(a)

the product or chemical name and UN number (if available) of each hazardous substance at the workplace; and

(b)

the maximum quantity of each hazardous substance likely to be at the workplace; and

(c)

the location of those hazardous substances; and

(d)

any specific storage and segregation requirements relating to those hazardous substances; and

(e)

for each hazardous substance listed in the inventory, the current safety data sheet or a condensed version of the key information from the safety data sheet; and

(f)

any hazardous waste.

(3)

The inventory must include, in relation to hazardous waste,—

(a)

an identifier that describes the nature of the waste as closely as possible; and

(b)

the maximum quantity of the waste likely to be at the workplace; and

(c)

the location of the waste at the workplace; and

(d)

any specific storage or segregation requirements for the waste.

Example

For paragraph (a), an identifier might be chlorinated solvent waste, flammable waste, or chromium VI waste.

(4)

The PCBU must ensure that the inventory is readily accessible to any emergency service worker attending the workplace, including—

(a)

during an emergency; and

(b)

after the workplace has been evacuated.

(5)

This regulation does not apply—

(a)

to a transit depot or designated transfer zone at which the PCBU with management or control is able, at any time on the request of an emergency service worker, to supply the product or chemical name and quantities of each hazardous substance at the depot or in the transfer zone; or

(b)

to a hazardous substance that is a consumer product and is used at the workplace only in quantities that are consistent with household use.

(6)

A PCBU who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Compare: Model Work Health and Safety Regulations r 346 (Aust)

3.2 Managing risks associated with hazardous substances

(1)

A PCBU must manage risks to health and safety associated with using, handling, manufacturing, or storing a hazardous substance or a group of hazardous substances with the same hazardous properties at a workplace.

(2)

In managing risks, the PCBU must have regard to the following:

(a)

the quantity of the hazardous substances used, handled, manufactured, or stored:

(b)

the health and physico-chemical hazards associated with the hazardous substance:

(c)

any potential chemical or physical reaction between the hazardous substance and another substance, including a substance that may be generated by the reaction:

(d)

any ignition sources (for example, flames, heat, or sparks) that might ignite the hazardous substance:

(e)

any structure, plant, or system of work that is used in the use, handling, manufacture, or storage of the hazardous substance:

(f)

the nature of the work to be carried out by workers with the hazardous substance, including—

(i)

the workers’ risks of exposure to the substance; and

(ii)

the likely degree of exposure:

(g)

any prescribed exposure standard for the hazardous substance:

(h)

any restricted entry interval for the substance, if one has been set.

(3)

A PCBU who contravenes this regulation 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: Model Work Health and Safety Regulations r 351 (Aust)

3.3 Duty of PCBU to review control measures

(1)

In addition to the circumstances specified in regulation 8 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, a PCBU with management or control of a workplace must ensure that a control measure implemented under this Part in relation to a hazardous substance at the workplace is reviewed and, if necessary, revised in the following circumstances:

(a)

after a significant change to—

(i)

the safety data sheet for that hazardous substance; or

(ii)

the information about that hazardous substance in the PCBU’s inventory of hazardous substances:

(b)

after any notifiable event in the workplace involving a relevant hazardous substance:

(c)

at least once every 5 years.

(2)

A PCBU who contravenes this regulation 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: Model Work Health and Safety Regulations r 352 (Aust)

Part 4 Certified handlers and supervision and training of workers

Certified handlers

4.1 Certification required for certain work

(1)

For the purposes of section 206 of the Act, work that these regulations require to be carried out by a certified handler may be carried out only by a person who holds a compliance certificate as a certified handler.

(2)

A compliance certifier may issue or renew a compliance certificate as a certified handler in accordance with regulations 4.2 and 4.3.

4.2 Issue of compliance certificates for certified handlers

(1)

A compliance certificate as a certified handler must be issued on the condition, as specified in the certificate, that it applies only in respect of particular phases of the life cycles of—

(a)

a hazardous substance, or combination of hazardous substances; or

(b)

hazardous substances with 1 or more hazard classifications.

(2)

A compliance certificate as a certified handler must state the name, residential address, and work contact information (for example, a street address, email address, or telephone number) of the certified handler.

(3)

A compliance certificate as a certified handler remains valid for a period of 5 years from the date of issue.

(4)

Before issuing a compliance certificate as a certified handler, a compliance certifier must be satisfied that the handler meets the competency requirements for certified handlers specified in regulation 4.3.

(5)

Before renewing an existing compliance certificate as a certified handler, the compliance certifier must be satisfied that the handler continues to meet the competency requirements for certified handlers specified in regulation 4.3.

Compare: SR 2001/122 r 4

4.3 Competency requirements for certified handlers

(1)

Before being certified as a certified handler at a workplace, a person must know and be able to describe the following matters:

(a)

the hazard classifications, properties, and adverse effects of those hazardous substances for which he or she is to be a certified handler:

(b)

the requirements that are imposed by these regulations in relation to those hazardous substances:

(c)

the requirements that are imposed under the HSNO Act in relation to those hazardous substances:

(d)

any proposed conditions of the person’s compliance certificate as a certified handler:

(e)

the precautions required to prevent injury or illness to any person at the workplace caused by any of those substances:

(f)

the procedures to adopt in an emergency involving those substances:

(g)

any variations of requirements, alternative means of compliance with requirements, or additional requirements specified in a relevant safe work instrument.

(2)

The person must also—

(a)

know, and demonstrate a working knowledge of, the procedures and plant (including personal protective equipment) necessary to manage those hazardous substances at the workplace for which the person is to be a certified handler; and

(b)

have received information, training, and instruction in accordance with regulation 4.5.

(3)

A written record is sufficient evidence on which a compliance certifier may decide whether to issue or renew a compliance certificate as a certified handler to that person if that record—

(a)

is signed by the provider of a course of instruction or a work supervisor; and

(b)

describes the method used to assess a person’s knowledge and practical skills and the results of that assessment.

Compare: SR 2001/122 r 5

4.4 Workers who do not require certificate

Regulation 4.1 does not apply to the following persons when performing their official duties:

(a)

an inspector or any other person who may exercise the powers of an inspector under the Act:

(b)

an enforcement officer appointed under the HSNO Act:

(c)

a member of the Civil Staff employed by the New Zealand Defence Force under the Defence Act 1990 whose duties include the collection, storage, or disposal of explosives:

(d)

an ACVM officer appointed under the Agricultural Compounds and Veterinary Medicines Act 1997:

(e)

a person appointed as a Customs officer for the purposes of the Customs and Excise Act 1996 by the chief executive within the meaning of that Act:

(f)

an authorised person within the meaning of section 6 of the Fire and Emergency New Zealand Act 2017:

(g)

a member of the New Zealand Police:

(h)

an aviation security officer employed in the Aviation Security Service under the Civil Aviation Act 1990.

Supervision and training of workers

4.5 Duty of PCBU to provide information, training, and instruction

(1)

In addition to complying with regulation 9 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, a PCBU must ensure that every worker who uses, handles, manufactures, or stores a hazardous substance (including hazardous waste) is, before the worker is allowed to carry out or supervise work involving those substances, provided with—

(a)

the information referred to in subclause (2); and

(b)

the training and instruction referred to in subclause (3).

(2)

The information is—

(a)

any operations in the worker’s work area where hazardous substances are present; and

(b)

the location and availability of known reference material on the hazards, safe handling, and storage of the hazardous substances found in the workplace, including (without limitation) safety data sheets.

(3)

The training and instruction must include—

(a)

training and instruction in the following:

(i)

the physico-chemical and health hazards associated with the hazardous substances the worker uses at work:

(ii)

the procedures (if applicable) for the safe use, handling, manufacture, storage, and disposal of the hazardous substances:

(iii)

practice in the safe use of plant (including personal protective equipment) necessary to manage the hazardous substances:

(iiia)

the worker’s obligations under these regulations:

(iv)

the actions that the worker should take in an emergency involving the hazardous substances; and

(b)

an appropriate period of practical experience of the matters described in paragraph (a), under direct supervision in the workplace.

(4)

The information provided under subclause (2) and the training and instruction provided under subclause (3) may cover specific hazardous substances or groups of hazardous substances with the same hazardous properties.

(5)

A PCBU must—

(a)

keep a record of training and instruction provided under this regulation for each worker; and

(b)

ensure the record is available for inspection by an inspector or compliance certifier.

(6)

A PCBU who can demonstrate, by documentation or certification, that a worker’s previous experience or training (or both) has resulted in training equivalent to that described in subclause (3) is not required to provide training and instruction in accordance with subclause (3) unless the PCBU considers refresher training to be necessary.

(7)

Despite subclause (6), a worker with equivalent training who is new to the workplace must receive site-specific induction and have appropriate supervised experience at the new workplace.

(8)

A PCBU who contravenes subclause (1) 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.

(9)

A PCBU who contravenes subclause (5) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

4.6 Duty of PCBU to provide supervision

(1)

Without limiting regulation 9 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, a PCBU must provide a worker at the workplace with the supervision that is necessary to protect the worker from risks to his or her health and safety arising from the worker’s work, if the worker—

(a)

uses, handles, manufactures, or stores hazardous substances at the workplace; or

(b)

operates, tests, maintains, repairs, or decommissions plant used in the use, handling, manufacture, or storage of hazardous substances at the workplace; or

(c)

is likely to be exposed to hazardous substances at the workplace.

(2)

The PCBU must ensure that the supervision provided under subclause (1) is suitable and adequate having regard to—

(a)

the nature of the risks associated with the hazardous substance; and

(b)

the knowledge and experience of the worker.

(3)

A PCBU who contravenes this regulation 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.

Compare: Model Work Health and Safety Regulations r 379 (Aust)

Part 5 Emergency management

Exemption from Part 5

5.1 Exemption for certain refrigerants

This Part does not apply to anhydrous ammonia that is contained in plant in which less than 100 kg of anhydrous ammonia is used as a refrigerant.

Subpart 1—Fire extinguishers

5.2 Application of this subpart

This subpart applies to a place, within a workplace, where hazardous substances of a hazard classification specified in the first column of the table in Schedule 4 and in a form specified in the second column of that table are at any time present or likely to be present in an aggregate quantity that is greater than the quantity specified in the third column of that table.

Compare: SR 2001/123 r 21

5.3 Duty of PCBU to provide fire extinguishers

(1)

A PCBU with management or control of a workplace must ensure that each place within the workplace to which this subpart applies has the number of fire extinguishers specified in the fourth column of the table in Schedule 4 for hazardous substances to which this subpart applies.

(2)

If substances of 2 or more hazard classifications are present or likely to be present in the place at the same time,—

(a)

the numbers of fire extinguishers are not cumulative; but

(b)

the highest of the numbers of fire extinguishers specified for substances of the various classifications must be present.

(3)

Despite subclause (1), in the case of LPG, propane, butane, or isobutane present or likely to be present in a quantity of 50 kg or more, the PCBU must ensure that—

(a)

a fire extinguisher is present; or

(b)

there is present a hydrant system incorporating a 20 mm diameter hose, fitted with a spray nozzle and of sufficient length to enable water to be directed to all sides of the system’s tank or tanks.

(4)

This regulation does not apply to an unattended dispensing station where there is stored E10, E85, petrol, aviation gasoline, racing gasoline, kerosene, or diesel fuel for self-service refuelling.

(5)

References in Schedule 4 to volumes of gaseous hazardous substances must be read as references to volumes of those substances as they would be at—

(a)

a pressure of 101.3 kPa; and

(b)

a temperature of 20°C.

(6)

A PCBU who contravenes this regulation 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.

5.4 Location of fire extinguishers

(1)

A PCBU with management or control of a workplace must ensure that each fire extinguisher required under this subpart is located so that it is—

(a)

clearly visible; and

(b)

readily accessible in an emergency.

(2)

A PCBU who contravenes this regulation 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 2001/123 r 22

5.5 Capability of fire extinguishers

(1)

A PCBU with management or control of a workplace must ensure that each fire extinguisher required under this subpart has a classification and rating of at least 30B in accordance with AS/NZS 1850:2009—Portable fire extinguishers—Classification, rating and performance testing.

(2)

A person who contravenes this regulation 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.

Subpart 2—Emergency response plans

5.6 Application of this subpart

(1)

This subpart applies to a place within a workplace where hazardous substances of a hazard classification specified in the first column of the table in Schedule 5 and in a form specified in the second column of that table are at any time present or likely to be present in an aggregate quantity that is greater than the relevant quantity specified in the third column of that table.

(2)

Despite subclause (1), if petrol and related hazardous substances are present or likely to be present at the place, this subpart applies as follows:

(a)

for petrol, aviation gasoline, or racing gasoline, this subpart applies, subject to paragraphs (b) and (c), as if the quantity specified in the third column of the table in Schedule 5 for hazard classification 3.1A were 1 000 L:

(b)

for petrol, aviation gasoline, racing gasoline, kerosene, or diesel fuel that is stored at a farm of not less than 4 ha in a way that ensures that any spillage will not endanger any building or flow into any stream, lake, or natural water, this subpart applies as if the quantity specified in the third column of the table in Schedule 5 for hazard classifications 3.1A and 9.1B were 2 000 L:

(c)

for petrol, aviation gasoline, racing gasoline, kerosene, or diesel fuel that is stored or proposed to be stored for a continuous period of less than 14 days in a way that ensures that any spillage will not endanger any building or flow into any stream, lake, or natural water, this subpart applies as if the quantity specified in the third column of the table in Schedule 5 for hazard classifications 3.1A and 9.1B were 2 000 L if the substances are stored—

(i)

in a tank wagon; or

(ii)

in secure containers, where each container has a capacity of less than 250 L.

(3)

If the third column of the table in Schedule 5 specifies a weight and a volume as alternative quantities for hazardous substances in gaseous form,—

(a)

subclause (1) applies as soon as either quantity of the substances is present or likely to be present; and

(b)

the references to a volume of gaseous hazardous substances must be read as references to volumes of those substances as they would be at—

(i)

a pressure of 101.3 kPa; and

(ii)

a temperature of 20°C.

Compare: SR 2001/123 r 25

5.7 Duty to prepare emergency response plan

(1)

A PCBU with management or control of a workplace must ensure that an emergency response plan is prepared for the workplace.

(2)

The emergency response plan must describe and apply to all reasonably foreseeable emergencies that may arise from a breach or failure of the controls on any hazardous substance present or likely to be present at the workplace.

(3)

The emergency response plan must, for each reasonably foreseeable emergency,—

(a)

describe the actions to be taken to—

(i)

warn people at the workplace, and in surrounding areas that may be adversely affected by the emergency, that the emergency has occurred; and

(ii)

advise those people about the actions they should take to protect themselves; and

(iii)

help or treat any person injured in the emergency; and

(iv)

manage the emergency so that its adverse effects are, in the order set out below,—

(A)

restricted to the area initially affected; and

(B)

reduced in severity as soon as practicable; and

(C)

eliminated, if reasonably possible; and

(v)

re-establish the controls put in place by the PCBU in respect of the hazardous substances at the workplace, including the use of protective equipment or agents (for example, neutralisers or absorbents); and

(b)

identify each person with responsibility for the actions described in paragraph (a) (or any part of any of those actions) and give information on—

(i)

how to contact the person; and

(ii)

any skills the person is required to have; and

(iii)

any special training needed to deal with an emergency involving the substance; and

(iv)

any actions the person is expected to take; and

(c)

specify—

(i)

how to obtain information about the hazardous properties of, and means of controlling, the substance or substances that may be involved; and

(ii)

actions to be taken to contact any emergency service provider; and

(iii)

the purpose and location of each item of equipment or facilities to be used to manage the emergency; and

(iv)

how to decide which actions to take; and

(v)

the sequence in which actions should be taken; and

(d)

provide—

(i)

an inventory of hazardous substances present at the workplace; and

(ii)

a site plan that shows the physical position of all hazardous substance locations within the boundary of the workplace (if applicable).

(4)

The emergency response plan—

(a)

must specify the type and location of the fire extinguishers provided in accordance with regulation 5.3, and any extra fire-fighting equipment or facilities provided, if any of the reasonably foreseeable emergencies identified in the plan is a fire; and

(b)

must provide for the retention of any liquid or liquefied oxidising substance or organic peroxide to prevent it from contacting any incompatible substance.

(5)

A PCBU who contravenes this regulation 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.

5.8 Duty to implement emergency response plan

A PCBU with management or control of a workplace must ensure that the emergency response plan prepared under regulation 5.7 is implemented in the event of an emergency described in the plan.

5.9 Availability of equipment, facilities, and people

(1)

A PCBU who is required to have an emergency response plan must ensure that all equipment and facilities described in the emergency response plan and all responsible people described in the emergency response plan who are on duty are—

(a)

present at the location concerned; or

(b)

available to reach the location of the substance within the times specified in the plan; or

(c)

in the case of a trained person, available to provide the advice or information specified in the plan within a time specified in the plan.

(2)

A PCBU who contravenes this regulation 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 2001/123 r 31

5.10 Availability of emergency response plans

(1)

A PCBU who is required to have an emergency response plan for a workplace must ensure that the plan is available to—

(a)

every person identified under regulation 5.7(3)(b) as being responsible for implementing the plan or a specific part of it; and

(b)

every emergency service provider identified in the plan.

(2)

A PCBU who contravenes subclause (1) 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 2001/123 r 32

5.11 Fire and Emergency New Zealand may review emergency response plan

(1)

Fire and Emergency New Zealand may review an emergency response plan to—

(a)

assess whether the role proposed for the service is—

(i)

achievable; and

(ii)

consistent with the operational policies of the service; and

(b)

identify anything that may adversely affect service operations during an emergency.

(2)

While reviewing a plan, Fire and Emergency New Zealand may request the PCBU to provide further written information if it considers that the plan provides insufficient information to enable the service to determine—

(a)

its role under the plan; or

(b)

the level or type of resources it may need to deploy to give effect to the plan.

(3)

After conducting a review, Fire and Emergency New Zealand may make a written recommendation to the PCBU about an emergency response plan.

(4)

The PCBU must, so far as is reasonably practicable, amend the emergency response plan to give effect to a recommendation made under subclause (3).

(5)

A PCBU who contravenes subclause (4) 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.

5.12 Test and revision of emergency response plan

(1)

A PCBU must ensure that its emergency response plan is tested at least every 12 months to demonstrate whether the plan is workable and effective.

(2)

If a person, procedure, or action specified in an emergency response plan is changed, the PCBU must ensure that the plan is tested within 3 months of the change to demonstrate whether—

(a)

the new person can perform his or her functions under the plan; and

(b)

the new procedure or action is workable and effective.

(3)

The PCBU must, so far as is reasonably practicable, amend the emergency response plan in response to the findings of a test to ensure that the plan is workable and effective.

(4)

A PCBU must make a record of tests carried out under this regulation and of the results of those tests.

(5)

A PCBU must keep the record of a test for at least 2 years after the date on which the record was made.

(6)

A PCBU who contravenes subclause (1), (2), or (3) 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.

(7)

A PCBU who contravenes subclause (4) or (5) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Compare: SR 2001/123 r 33

5.13 Plan may be part of other management documentation

An emergency response plan may be part of any other management documentation for an emergency that is—

(b)

required for a major hazard facility by regulation 31 of the Health and Safety at Work (Major Hazard Facilities) Regulations 2016; or

(c)

required for an installation by regulation 72 of the Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016; or

(d)

required for a mining operation by subpart 4 of Part 5 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016; or

(e)

required by any other regulations made under the Act or by any other enactment; or

(f)

undertaken by a PCBU for some other reason.

Compare: SR 2001/123 r 34

Part 6 Compliance certification

6.1 Interpretation

In this Part, unless the context otherwise requires,—

auditor means a person engaged by WorkSafe under regulation 6.38

authorisation means an authorisation to issue compliance certificates granted under regulation 6.8, and authorised has a corresponding meaning

certificate holder means a person who holds a compliance certificate issued by a compliance certifier

performance standard means a performance standard issued by WorkSafe under regulation 6.43

relevant requirement means a requirement imposed by these regulations or by a safe work instrument referred to in these regulations

scope, in relation to the authorisation of a compliance certifier, means the matters requiring compliance certification that may be certified under the authorisation.

Subpart 1—Authorisation of compliance certifiers

6.2 Compliance certifiers must be authorised

The functions of a compliance certifier may be performed only by an authorised compliance certifier acting within the scope of that certifier’s authorisation.

6.3 Who may apply for authorisation

A person may apply to WorkSafe under this subpart to be authorised as a compliance certifier.

6.4 Applicant and compliance certifier that is not individual

(1)

A person that is not an individual may apply for authorisation as a compliance certifier only if—

(a)

it is currently accredited to a recognised industry standard by International Accreditation New Zealand on behalf of the Accreditation Council; and

(b)

it employs or engages 1 or more individuals to perform the functions of a compliance certifier, each of whom—

(i)

meets the qualification criteria for individual applicants for authorisation; and

(ii)

is a fit and proper person to be authorised.

(2)

An authorised compliance certifier that is not an individual must ensure that the functions of a compliance certifier are performed only by 1 or more individuals specified under regulation 6.8(6)(b) in a condition to which the certifier’s authorisation is subject.

6.5 Applications for authorisation

(1)

An application for authorisation under regulation 6.3 must—

(a)

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

(b)

identify the applicant, including by giving the applicant’s business address and email address; and

(c)

state the scope of the authorisation applied for; and

(d)

be accompanied by information relating to,—

(i)

for an individual applicant, the matters set out in regulation 6.8(2); and

(ii)

for any other applicant, the matters set out in regulation 6.8(3); and

(e)

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

(f)

if required under a safe work instrument, be accompanied by evidence that the applicant is covered by a scheme of insurance that WorkSafe is satisfied will apply in respect of any civil liability of the applicant that might arise from the applicant being authorised to issue compliance certificates.

(2)

WorkSafe must notify the applicant—

(a)

that WorkSafe has received the application; and

(b)

of the applicant’s right to appear and be heard under subclause (6).

(3)

WorkSafe must consider an application for authorisation within 20 working days after receiving it.

(4)

If WorkSafe is unable to decide an application within 20 working days, it must—

(a)

notify the applicant in writing of that fact as soon as practicable; and

(b)

give the applicant a proposed time frame for its consideration of, and decision on, the application.

(5)

If the applicant chooses to appear and be heard under subclause (6), WorkSafe must give the applicant at least 10 working days’ notice of the hearing date, unless WorkSafe and the applicant agree to a shorter period.

(6)

The applicant may and, if WorkSafe so requires the applicant must, appear and be heard in relation to the application.

6.6 Qualifications for authorisation

(1)

An individual applicant is qualified to be authorised if the applicant—

(a)

is able to demonstrate knowledge of the following:

(i)

the hazard classifications of any hazardous substances to which the application for authorisation relates:

(ii)

the adverse effects that could be caused by each of those substances:

(iii)

hazards and risks associated with gases under pressure (if relevant to the authorisation applied for):

(iv)

the functions and duties of a compliance certifier under these regulations:

(v)

the purpose of the Act and relevant duties and liabilities under the Act (including the primary duty of care and offences for the breach of duties):

(vi)

relevant requirements of these regulations and any safe work instruments referred to in these regulations:

(vii)

any prescribed exposure standards relating to any hazardous substances for which the person is to issue compliance certificates:

(viii)

any applicable performance standards; and

(b)

has experience in the use of any testing equipment or procedures (including normal operations, calibration, and record keeping) required for the issue of compliance certificates; and

(c)

has experience in the use of commonly used operating equipment and systems (including personal protective equipment) that is necessary to meet any requirement of these regulations for which a compliance certificate is to be issued; and

(d)

has appropriate practical experience in carrying out 1 or more of the following activities for the management of hazardous substances in a workplace:

(i)

handling hazardous substances:

(ii)

testing or inspecting plant or equipment:

(iii)

testing or inspecting the design of plant or equipment; and

(e)

has appropriate practical experience in operating systems or plant or equipment for which a compliance certificate may be required; and

(f)

has practical experience under the supervision of an authorised compliance certifier covering the types of plant or equipment or qualifications or situations for which a compliance certificate may be required.

(2)

For the purposes of subclause (1)(a), WorkSafe may regard a written record signed by a person who has trained or assessed the applicant’s relevant knowledge (describing the training or the method of assessment and the results of that training or assessment) as sufficient evidence of that knowledge.

(3)

For the purposes of subclause (1)(b), (c), (d), (e), or (f), WorkSafe may regard a statutory declaration signed by the applicant’s supervisor describing the applicant’s relevant practical experience as sufficient evidence of that experience.

6.7 Criteria for fit and proper person

(1)

In determining whether an individual is a fit and proper person to be authorised, WorkSafe must have regard, and give such weight that it considers appropriate, to the following matters:

(a)

the applicant’s criminal history (if any) in New Zealand and elsewhere:

(b)

any pending criminal proceedings against the applicant in New Zealand or elsewhere:

(c)

any protection order made against the applicant under the Domestic Violence Act 1995:

(d)

any other court order made against the applicant in New Zealand or elsewhere that is or may be relevant to the application:

(e)

any matters disclosed to WorkSafe by the Police in relation to the application, including any objection to the grant of authorisation:

(f)

any other relevant matters.

(2)

In the case of proceedings referred to in subclause (1)(b), WorkSafe may defer consideration of the application until the proceedings have been determined.

(3)

If WorkSafe proposes to take into account any information that is, or may be, prejudicial to the applicant, it must give the applicant a reasonable opportunity to comment on it.

(4)

However, subclause (3) does not require WorkSafe to disclose any information that would be likely to endanger the safety of any person.

(5)

If WorkSafe withholds information from the applicant under subclause (4), it must inform the applicant of the right to seek a review of that decision by—

(a)

an Ombudsman under the Official Information Act 1982; or

(b)

the Privacy Commissioner under the Privacy Act 1993.

6.8 Grant of authorisation

(1)

WorkSafe must approve an application for authorisation if it is satisfied of the matters set out in this regulation.

(2)

If the applicant is an individual, WorkSafe must be satisfied that—

(a)

the application complies with regulation 6.5; and

(b)

the applicant is qualified under regulation 6.6; and

(c)

the applicant is a fit and proper person under regulation 6.7; and

(d)

the applicant is likely to ensure that the functions of a compliance certifier are performed in an objective manner that promotes safety.

(3)

For any other applicant, WorkSafe must be satisfied about the following:

(a)

the application complies with regulation 6.5:

(b)

every individual employed or engaged by the applicant to perform the functions of a compliance certifier meets the qualification requirements of regulation 6.6 for individual applicants:

(c)

WorkSafe is satisfied with the results of an assessment, by International Accreditation New Zealand on behalf of the Accreditation Council, of the ability of each individual employed or engaged by the applicant to perform the functions of a compliance certifier to perform those functions as required by these regulations:

(d)

the applicant, each officer of the applicant, and every individual employed or engaged by the applicant to perform the functions of a compliance certifier is a fit and proper person to be authorised:

(e)

the applicant is likely to ensure that the functions of a compliance certifier are performed in an objective manner that promotes safety:

(f)

there is no reasonably foreseeable conflict of interest between the applicant’s compliance certification work and any other work that it does or is likely to do, or the applicant has implemented documented procedures for transparently and appropriately managing any conflict of interest that may arise.

(4)

An authorisation may be subject to any conditions that WorkSafe considers appropriate.

(5)

If WorkSafe approves the application, it must notify the applicant in writing of—

(a)

the authorisation and its scope; and

(b)

any conditions to which the authorisation is subject; and

(c)

the term of the authorisation.

(6)

Conditions of authorisation may include—

(a)

a condition requiring the certifier to undergo training for a specified period during which he or she may perform the functions of a compliance certifier only under the supervision of a specified compliance certifier:

(b)

in the case of a certifier that is not an individual,—

(i)

a condition identifying 1 or more individuals employed or engaged by the certifier who are permitted, under the authorisation, to perform the functions of a compliance certifier; and

(ii)

the matters requiring compliance certification in relation to which each of those individuals is to perform those functions.

(7)

A condition imposed under subclause (6)(a) ceases to have effect on the expiry of the period specified in the condition.

(8)

If WorkSafe refuses an application, or grants authorisation of a more limited scope than that applied for, it must notify the applicant in writing of—

(a)

the refusal; and

(b)

the reasons for refusal; and

(c)

the applicant’s right of appeal to the District Court against the decision (see regulation 6.35).

6.9 Term of authorisation

An authorisation under this subpart ends on the earlier of the following dates:

(a)

5 years after the date on which it was granted:

(b)

the end date (if any) specified by WorkSafe in the authorisation.

Register of compliance certifiers

6.10 WorkSafe must register authorisations

If WorkSafe grants an authorisation under this subpart, it must enter the authorisation on the register of compliance certifiers in accordance with regulation 6.12.

6.11 Compliance certifier must notify WorkSafe of changes

A compliance certifier must, as soon as practicable, notify WorkSafe in writing of—

(a)

any change of the certifier’s business name, or business or email address; and

(b)

if the certifier is not an individual, any change in relation to any individual employed or engaged by the certifier who is permitted, under the authorisation, to perform the functions of a compliance certifier.

6.12 Register of compliance certifiers

(1)

WorkSafe must keep and maintain a register of compliance certifiers.

(2)

If WorkSafe grants an authorisation, it must enter in the register the following information about each compliance certifier:

(a)

the date on which the authorisation was granted:

(b)

the name and business address and email address of the compliance certifier:

(c)

the New Zealand Business Number (if any) for the compliance certifier:

(d)

the scope of the authorisation:

(e)

any conditions imposed on the authorisation:

(f)

the date on which the authorisation ends:

(g)

any variation of the scope or conditions of authorisation under regulation 6.13:

(h)

any other matters relating to the authorisation that WorkSafe considers appropriate.

(3)

WorkSafe must also enter in the register the following information about a compliance certifier:

(a)

details of any interim suspension of the certifier’s authorisation under regulation 6.16 and any condition imposed under that regulation:

(b)

details of any suspension of the certifier’s authorisation under regulation 6.20, including the grounds for the suspension and the period of suspension:

(c)

details of any variation or cancellation of the certifier’s authorisation under regulation 6.20, including the grounds for the variation or cancellation:

(d)

details of any corresponding decisions made in relation to the certifier’s approval as a test certifier under section 86 of the HSNO Act within 3 years before the commencement of these regulations.

(4)

WorkSafe must ensure that the register is published on an Internet site maintained by or on behalf of WorkSafe.

Variation and renewal of authorisation

6.13 Compliance certifier may apply for variation of authorisation

(1)

A compliance certifier may apply to WorkSafe to vary the scope of an authorisation or a condition of an authorisation.

(2)

An application for variation must—

(a)

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

(b)

describe the variation sought and state the reasons for the variation; and

(c)

include information in support of the variation; and

(d)

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

(3)

Regulations 6.5 to 6.8 apply, with any necessary modifications, to an application by a compliance certifier for—

(a)

a variation of the scope of the authorisation; or

(b)

in the case of a certifier that is not an individual, a variation of conditions imposed under regulation 6.8(6)(b) in relation to individuals employed or engaged by the certifier to perform the functions of a compliance certifier.

(4)

WorkSafe must notify the compliance certifier in writing of—

(a)

its decision on the application for variation; and

(b)

the reasons for the decision; and

(c)

the applicant’s right of appeal to the District Court against a refusal to grant the variation applied for (see regulation 6.35).

6.14 Renewal of authorisation

(1)

A compliance certifier may apply for renewal of authorisation.

(2)

An application for renewal of authorisation—

(a)

must be made at least 20 working days before the date on which the authorisation ends:

(b)

may include an application for variation of the authorisation under regulation 6.13.

(3)

Regulations 6.5 to 6.9 apply to an application for renewal of authorisation—

(a)

with any necessary modifications; and

(b)

subject to this regulation.

(4)

WorkSafe may—

(a)

refuse to renew an authorisation if satisfied, having regard to the compliance certifier’s history of performing the functions of a compliance certifier, that the certifier has failed to a significant degree to comply with performance standards:

(b)

renew authorisation of a more limited scope than the current authorisation if satisfied that limited renewal is appropriate in the circumstances.

(5)

If an application for renewal of authorisation has been received by WorkSafe but not determined before the date on which the current authorisation ends, the current authorisation continues in force until the application is determined.

(6)

The renewal of authorisation takes effect from the date on which the previous authorisation ends.

(7)

WorkSafe must notify the compliance certifier in writing of—

(a)

its decision on the application for renewal; and

(b)

the reasons for the decision; and

(c)

the applicant’s right of appeal to the District Court against the decision (see regulation 6.35).

Disciplinary provisions

6.15 WorkSafe may investigate complaints and concerns

(1)

If WorkSafe receives a complaint, or has a reasonable concern, about the ability or conduct of a compliance certifier, WorkSafe may conduct an investigation of the matter.

(2)

WorkSafe may decide not to investigate a complaint if satisfied that the complaint—

(a)

is frivolous, vexatious, or malicious; or

(b)

is more appropriately addressed in the course of an audit under subpart 3; or

(c)

if upheld on investigation, would not provide grounds for taking disciplinary action under regulation 6.20 (for example, because the matter is very minor).

(3)

WorkSafe must notify the complainant of a decision not to investigate a complaint.

6.16 Suspension during investigation

(1)

WorkSafe may, if it considers it necessary for safety, suspend all or part of the compliance certifier’s authorisation while conducting an investigation under regulation 6.15.

(2)

If the certifier is not an individual, WorkSafe may instead impose a condition requiring the certifier to ensure that, during the investigation, 1 or more specified individuals employed or engaged by the certifier to perform the functions of a compliance certifier are not permitted to perform those functions.

(3)

The period of suspension (or of a condition imposed under subclause (2)) must be no longer than is reasonably necessary to enable WorkSafe to—

(a)

investigate the complaint or concern; and

(b)

decide what action to take in relation to the authorisation.

(4)

An authorisation that is suspended ceases to have effect for the period of the suspension.

(5)

WorkSafe must notify the compliance certifier in writing of—

(a)

its decision to suspend authorisation; and

(b)

the reasons for the decision.

6.17 Time frame for completing investigation

(1)

An investigation must be completed within 80 working days unless WorkSafe decides that it needs more time to complete the investigation.

(2)

If WorkSafe decides that it is unable to complete the investigation within 80 working days, it must notify the compliance certifier concerned and the complainant (if any) of the delay and the reasons for it.

6.18 Investigation process

(1)

On deciding to investigate a matter, WorkSafe must—

(a)

give written notice to the compliance certifier of its intention to investigate and of the general nature of the complaint or concern; and

(b)

give the certifier a reasonable opportunity to make submissions in relation to the matter; and

(c)

consider—

(i)

any submissions made by the certifier; and

(ii)

any other information provided by the certifier.

(2)

WorkSafe may obtain and take into account any other information that it considers relevant.

(3)

However, if WorkSafe proposes to take into account any information that is or may be prejudicial to the compliance certifier, it must disclose that information to the certifier and give the certifier a reasonable opportunity to comment on the information.

(4)

WorkSafe is not required to disclose any information under subclause (3) that is likely to endanger the safety of any individual.

(5)

If WorkSafe withholds any evidence or information in reliance on subclause (4), it must inform the certifier of the fact of non-disclosure, and the following provisions apply:

(a)

in the case of non-disclosure to an individual of information about the individual,—

(i)

WorkSafe must inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act; and

(b)

in any other case,—

(i)

WorkSafe must inform the compliance certifier that the certifier may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.

6.19 Compliance certifier to be informed of draft investigation report

After investigating a matter, and before making a finding against a compliance certifier, WorkSafe must—

(a)

give a copy of the draft investigation report to the certifier; and

(b)

inform the certifier of the action WorkSafe proposes to take in relation to the certifier’s authorisation; and

(c)

give the certifier a reasonable opportunity (a period of at least 10 working days) to make a submission in relation to the draft investigation report; and

(d)

consider any submission made by the certifier.

6.20 WorkSafe may vary, suspend, or cancel authorisation following investigation

(1)

WorkSafe may, at the conclusion of an investigation,—

(a)

reinstate an authorisation that was suspended under regulation 6.16; or

(b)

suspend or cancel the compliance certifier’s authorisation; or

(c)

vary the scope or any condition of the authorisation; or

(d)

if the certifier is not an individual,—

(i)

suspend or cancel the identification under regulation 6.8(6)(b)(i) of an individual employed or engaged by the certifier to perform the functions of a compliance certifier; or

(ii)

vary the matters in relation to which any of those individuals may perform those functions.

(2)

Without limiting subclause (1), WorkSafe may take action under that subclause in relation to an individual compliance certifier if—

(a)

the certifier has, in performing the functions of a compliance certifier, failed to comply with—

(i)

a provision of the Act, these regulations, or any relevant safe work instrument; or

(ii)

a performance standard; or

(iii)

a condition of the certifier’s authorisation; or

(b)

in applying for the grant or renewal of authorisation, the certifier—

(i)

gave information that was false or misleading in a material particular; or

(ii)

gave information that omitted a matter or thing without which the information was misleading; or

(iii)

failed to give information that should have been given in the application; or

(c)

the certifier is not qualified to be authorised; or

(d)

the certifier is not a fit and proper person to be authorised; or

(e)

the certifier has failed to perform the functions of a compliance certifier in an objective manner that promotes safety.

(3)

Without limiting subclause (1), WorkSafe may take action under that subclause in relation to a compliance certifier that is not an individual if—

(a)

an individual employed or engaged by the certifier to perform the functions of a compliance certifier has, in performing the functions of a compliance certifier, failed to comply with—

(i)

a provision of the Act, these regulations, or a relevant safe work instrument; or

(ii)

a performance standard; or

(iii)

a condition of the certifier’s authorisation; or

(b)

an individual employed or engaged by the certifier to perform the functions of a compliance certifier is not qualified to be authorised; or

(c)

the certifier, an officer of the certifier , or an individual employed or engaged by the certifier to perform the functions of a compliance certifier is not a fit and proper person to be authorised; or

(d)

in applying for the grant or renewal of authorisation, the certifier—

(i)

gave information that was false or misleading in a material particular; or

(ii)

gave information that omitted a matter or thing without which the information was misleading; or

(iii)

failed to give information that should have been given in the application; or

(e)

the certifier has failed to ensure that the functions of a compliance certifier are performed in an objective manner that promotes safety; or

(f)

the certifier has allowed the functions of a compliance certifier to be performed in circumstances where—

(i)

there was a reasonably foreseeable conflict of interest between the certifier’s compliance certification work and any other work of the certifier; and

(ii)

the certifier failed to implement documented procedures for transparently and appropriately managing that conflict of interest.

(4)

WorkSafe must notify the compliance certifier in writing of—

(a)

its decision in relation to the certifier’s authorisation; and

(b)

the reasons for the decision; and

(c)

the certifier’s right of appeal to the District Court against the decision (see regulation 6.35).

WorkSafe may employ or engage compliance certifiers

6.21 WorkSafe may employ or engage compliance certifiers

WorkSafe may, if it considers it appropriate, employ or engage a compliance certifier to carry out the functions of a compliance certifier.

Subpart 2—Issue of compliance certificates

6.22 Duties of compliance certifier

(1)

A compliance certifier may issue a compliance certificate only in relation to a matter that is within the scope of the certifier’s authorisation under subpart 1.

(2)

A compliance certifier must not issue a compliance certificate in relation to a hazardous substance or other matter if the certifier is or has been responsible for, or has a financial interest in, the design, planning, or construction of anything relating to the matter.

(3)

A compliance certifier who is authorised to issue compliance certificates in relation to the design, manufacture, construction, storage, or use of any plant, substance, or article (a design or related matter) must not conduct or be involved in the conduct of any business involving that design or related matter while the certifier is considering an application for a compliance certificate in relation to that plant, substance, or article.

(4)

A compliance certifier who is authorised to issue compliance certificates to persons required to hold a compliance certificate as a certified handler must not issue a compliance certificate as a certified handler to a person whom the certifier has trained or supervised.

(5)

A compliance certifier must, within 15 working days after issuing a compliance certificate, enter information relating to the certificate in the register of compliance certificates.

6.23 Compliance certifier may issue compliance certificate

(1)

A compliance certifier may issue a compliance certificate to a person who is required to obtain a compliance certificate in respect of any relevant requirement if the certifier is, on the basis of any inquiry, inspection, assessment, examination, or other consideration, satisfied that the requirement has been met.

(2)

If a compliance certifier considers that a relevant requirement has not been met, the certifier must—

(a)

refuse to issue a compliance certificate; and

(b)

notify the applicant in writing of the refusal and the reasons for the refusal; and

(c)

notify WorkSafe of the refusal and the reasons for the refusal.

(3)

Despite subclause (2), the compliance certifier may issue a certificate if satisfied that any potential adverse effect from the relevant requirement not being met—

(a)

has been satisfactorily avoided; or

(b)

in the case of a hazardous substance location, can be satisfactorily avoided by issuing a conditional compliance certificate under regulation 6.24.

6.24 Conditional compliance certificate for hazardous substance locations

(1)

A compliance certifier may issue a conditional compliance certificate in relation to any relevant requirement relating to hazardous substance locations if satisfied that a failure to meet the relevant requirement is minor.

(2)

A conditional compliance certificate must specify—

(a)

the relevant requirement that has not been met; and

(b)

the date (no more than 3 months after the issue of the certificate) by which the relevant requirement must be met.

(3)

A compliance certifier must, within 15 working days after issuing a conditional compliance certificate, enter information relating to the conditional certificate in the register of compliance certificates.

(4)

After the date specified in subclause (2)(b), a conditional compliance certificate—

(a)

must be treated as a non-conditional compliance certificate, if the relevant requirement referred to in subclause (2)(a) is met by that date; but

(b)

expires on that date, if the relevant requirement is not met.

6.25 Commencement of compliance certificate

A compliance certificate comes into force on the date specified in the certificate.

6.26 Register of compliance certificates

(1)

WorkSafe must keep and maintain a register of compliance certificates.

(2)

A compliance certifier who issues a compliance certificate must ensure that the following information is entered in the register for each compliance certificate:

(a)

the dates on which the certificate is issued, comes into force, and expires:

(b)

the prescribed requirements for which the certificate was issued:

(c)

the name of the compliance certifier who issued the certificate:

(d)

the date of any variation of the certificate:

(e)

if the compliance certificate relates to a workplace,—

(i)

the street address of the workplace:

(ii)

the name, trading name, New Zealand Business Number (if any), and companies number (if any) of the PCBU with management or control of the workplace:

(f)

if the compliance certificate relates to a person, the name, residential address, and work contact information (for example, a street address, email address, or phone number):

(g)

for a conditional compliance certificate,—

(i)

the hazardous substance location; and

(ii)

the relevant requirements for that location that have not been met; and

(iii)

the date by which the relevant requirements must be met.

(3)

WorkSafe—

(a)

must update the register with information relating to the suspension or cancellation of a compliance certificate under regulation 6.30 or 6.33:

(b)

may search the register in the performance of its functions.

(4)

The following persons may search the register for the following purposes:

(a)

an individual, or a person with the written consent of an individual, for the purpose of obtaining information about that individual under the Privacy Act 1993:

(b)

a compliance certifier, for a purpose relating to the performance of the certifier’s functions:

(c)

an individual engaged by a compliance certifier that is not an individual to perform the functions of a compliance certifier, for a purpose relating to the performance of the certifier’s functions:

(d)

an approved person, if the search—

(i)

relates to the purpose of the register; or

(ii)

is necessary to prevent or reduce a serious and imminent threat to the health or safety of any person; or

(iii)

is necessary for the enforcement of the Act or these regulations or for the conduct of proceedings for an offence against the Act or these regulations; or

(iv)

has been authorised by the Privacy Commissioner under section 54(1) of the Privacy Act 1993; or

(v)

is necessary to plan for responses to any workplace emergency.

(5)

An approved person within the meaning of paragraph (b), (d), or (e) of the definition of that term in subclause (6) may, in writing, delegate to another person the approved person’s power to search the register.

(6)

In subclause (4)(d), approved person means—

(a)

an inspector appointed under section 163 of the Act:

(b)

a person specified in section 97 of the HSNO Act:

(c)

an enforcement officer within the meaning of section 98 or 99(3) of the HSNO Act:

(d)

an authorised person (under section 23 of the Fire and Emergency New Zealand Act 2017) nominated by Fire and Emergency New Zealand:

(e)

the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Agricultural Compounds and Veterinary Medicines Act 1997.

6.27 PCBU must give HSR details of relevant compliance certificates

(1)

A PCBU must, on request, give to a health and safety representative elected at the workplace managed or controlled by the PCBU the details of any compliance certificate that relates to the workplace.

(2)

A PCBU who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Variation, suspension, or cancellation of compliance certificate

6.28 Compliance certifier may vary compliance certificate

A compliance certifier who issues a compliance certificate may vary that certificate in order to correct any minor errors.

6.29 WorkSafe may investigate complaints and concerns

(1)

If WorkSafe receives a complaint, or has a reasonable concern, about the ability or conduct of a person who holds a compliance certificate or about any other matter relating to a certificate that could affect safety, WorkSafe may conduct an investigation of the matter.

(2)

WorkSafe may decide not to investigate a complaint if satisfied that the complaint—

(a)

is frivolous, vexatious, or malicious; or

(b)

if upheld on investigation, would not provide grounds for cancelling the compliance certificate under regulation 6.33 (for example, because the matter is very minor).

(3)

WorkSafe must notify the complainant of a decision not to investigate a complaint.

6.30 Suspension of certificate during investigation

(1)

WorkSafe may, if it considers it necessary for safety, suspend all or part of the certificate holder’s certificate while conducting an investigation under regulation 6.29.

(2)

The period of suspension must be no longer than is reasonably necessary to enable WorkSafe to—

(a)

investigate the complaint or concern; and

(b)

decide whether, as a consequence of that investigation, the compliance certificate should be reinstated or cancelled.

(3)

A compliance certificate that is suspended ceases to have effect for the period of the suspension.

(4)

WorkSafe must notify the certificate holder in writing of—

(a)

its decision to suspend the certificate; and

(b)

the reasons for the decision.

6.31 Investigation process

(1)

On deciding to investigate a matter, WorkSafe must—

(a)

give written notice to the certificate holder of its intention to investigate and of the general nature of the complaint or concern; and

(b)

give the certificate holder a reasonable opportunity to make submissions in relation to the matter; and

(c)

consider—

(i)

any submissions made by the certificate holder; and

(ii)

any other information provided by the certificate holder.

(2)

WorkSafe may obtain and take into account any other information that it considers relevant.

(3)

However, if WorkSafe proposes to take into account any information that is or may be prejudicial to the certificate holder, it must disclose that information to the certificate holder and give the certificate holder a reasonable opportunity to comment on the information.

(4)

WorkSafe is not required to disclose any information under subclause (3) that is likely to endanger the safety of any individual.

(5)

If WorkSafe withholds any evidence or information in reliance on subclause (4), it must inform the certificate holder of the fact of non-disclosure, and the following provisions apply:

(a)

in the case of non-disclosure to an individual of information about the individual,—

(i)

WorkSafe must inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act; and

(b)

in any other case,—

(i)

WorkSafe must inform the certificate holder that the certificate holder may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.

6.32 Certificate holder to be informed of draft investigation report

After investigating a matter, and before making a finding against the holder of a compliance certificate, WorkSafe must—

(a)

give a copy of the draft investigation report to the certificate holder; and

(b)

inform the certificate holder of the action WorkSafe proposes to take in relation to the certificate; and

(c)

give the certificate holder a reasonable opportunity (a period of at least 10 working days) to make a submission in relation to the draft investigation report; and

(d)

consider any submission made by the certificate holder.

6.33 WorkSafe may cancel compliance certificate after investigation

(1)

WorkSafe may, after investigation,—

(a)

reinstate a compliance certificate that was suspended under regulation 6.30; or

(b)

cancel a compliance certificate if it is satisfied that the certificate holder—

(i)

obtained the certificate by fraud, misrepresentation, or concealment of facts; or

(ii)

has been negligent, or is incompetent to act, as a certificate holder; or

(iii)

has not met, or has not continued to meet, a relevant requirement for the issue of the certificate.

(2)

WorkSafe must give written notice to the certificate holder of—

(a)

its decision to reinstate or cancel the compliance certificate; and

(b)

the reasons for the cancellation (if applicable); and

(c)

the certificate holder’s right of appeal to the District Court against the decision (see regulation 6.35).

(3)

A cancellation takes effect on the date on which the compliance certificate is cancelled.

Exemptions from compliance certificate requirements

6.34 Prescribed requirements for exemption from requirement to obtain compliance certificate

(1)

A person who wishes to be exempted under section 220 of the Act from a provision of these regulations that requires a compliance certificate must apply for the exemption in accordance with this regulation.

(2)

An application must—

(a)

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

(b)

state the compliance certificate requirement from which the applicant wishes to be exempted; and

(c)

contain, or be accompanied by, sufficient information to enable WorkSafe to decide whether to grant the exemption; and

(d)

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

Right to appeal

6.35 Right to appeal against certain decisions

The following decisions are appealable decisions under subpart 5 of Part 4 of the Act:

(a)

a refusal to grant an authorisation of a compliance certifier, or a decision to grant limited scope of authorisation, under regulation 6.8:

(b)

a refusal to grant a variation of authorisation under regulation 6.13:

(c)

a refusal to renew an authorisation, or a decision to renew a limited scope of authorisation, under regulation 6.14:

(d)

a decision to vary, suspend, or cancel all or any part of an authorisation under regulation 6.20:

(e)

a decision to cancel a compliance certificate under regulation 6.33.

Compare: 1992 No 96 s 46; Model Work Health and Safety Act s 229 (Aust)

Subpart 3—Audit of compliance certifiers and performance standards

6.36 Purpose of this subpart

The purpose of this subpart is to provide for—

(a)

the auditing of the performance of compliance certifiers:

(b)

the development, publication, and review of performance standards for compliance certifiers.

6.37 Requirement for compliance certifiers to be audited

(1)

WorkSafe must, at least once every 4 years, audit each compliance certifier’s compliance with—

(a)

the Act, these regulations, and any applicable safe work instrument; and

(b)

any applicable performance standards.

(2)

WorkSafe may conduct additional or more frequent audits in relation to a compliance certifier having regard to the history of the certifier’s compliance with—

(a)

the matters set out in subclause (1); or

(b)

any legislation relating to hazardous substances that was in force before the commencement of the Act or these regulations.

(3)

WorkSafe is not required to audit the compliance of a certifier who is accredited with International Accreditation New Zealand and whose compliance has been audited by that organisation, if WorkSafe is satisfied with the report of that audit.

6.38 WorkSafe may engage auditors

WorkSafe may engage a person whom WorkSafe considers to be suitably qualified to conduct audits under this subpart.

6.39 Audit report

An auditor under this subpart must—

(a)

prepare a report on the results of the audit; and

(b)

give the report to WorkSafe and a copy of the report to the compliance certifier.

6.40 Power of auditor to require production of documents

(1)

An auditor may, for the purpose of conducting an audit, require a compliance certifier to produce for inspection, within a reasonable period specified by the auditor, information that is—

(a)

required by the Act, regulations made under this Act, a safe work instrument, or a performance standard to be kept by the certifier; and

(b)

in the possession or under the control of the compliance certifier.

(2)

The auditor may take copies of, or extracts from, any documented information obtained.

(3)

The auditor may disclose information obtained under this regulation only to WorkSafe.

(4)

A compliance certifier whose compliance is being audited must comply with any reasonable requests made by the auditor under this regulation.

Compare: 1993 No 95 s 100Q

6.41 Cost of audit

A compliance certifier who is audited under this subpart must pay the fee (if any) prescribed in Schedule 2.

Performance standards

6.42 Duty of compliance certifiers to comply with performance standards

A compliance certifier must comply with a performance standard issued by WorkSafe that relates to the certifier’s functions as a compliance certifier.

6.43 WorkSafe may issue, amend, or revoke performance standard

(1)

WorkSafe may issue performance standards that set out the information and process requirements that a compliance certifier must comply with when performing the functions of a compliance certifier.

(2)

Without limiting subclause (1), a performance standard may include—

(a)

requirements for inquiring into, inspecting, assessing, examining, or otherwise considering any matter; and

(b)

practice guides; and

(c)

requirements relating to record keeping and documentation of processes; and

(d)

measures by which the performance of compliance certifiers may be assessed.

(3)

WorkSafe may amend or revoke a performance standard.

(4)

A performance standard issued or amended under this regulation must not be inconsistent with the Act, these regulations, or a safe work instrument referred to in these regulations.

6.44 Process to be adopted before performance standard is issued or amended

(1)

Before issuing or amending a performance standard, WorkSafe must consult compliance certifiers and any other persons WorkSafe considers appropriate.

(2)

This regulation does not apply to an amendment that WorkSafe considers to be—

(a)

minor; or

(b)

solely for the purpose of correcting errors.

6.45 Publication of performance standards

WorkSafe must ensure that every performance standard issued or amended is published on an Internet site maintained by or on behalf of WorkSafe.

Part 7 Controlled substance licences

7.1 Application for controlled substance licence

(1)

An applicant for a controlled substance licence must—

(a)

be an individual who is 17 years or over; and

(b)

be a fit and proper person to possess the substance concerned; and

(c)

either—

(i)

hold a current compliance certificate as a certified handler for the substance concerned; or

(ii)

if he or she wishes to transport the substance by road, hold a current dangerous goods endorsement on his or her driver licence under the Land Transport Rule: Dangerous Goods 2005; or

(iii)

hold a current aerial vertebrate toxic agent rating issued under Part 61 of the Civil Aviation Rules; and

(d)

require possession of the substance to carry out his or her work.

(2)

An application for a controlled substance licence must—

(a)

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

(b)

state the name or class of substance for which application is made; and

(c)

state the type of work the substance or class of substance will be used for and for which application is made; and

(d)

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

(3)

WorkSafe—

(a)

must grant a controlled substance licence if it considers that the applicant satisfies the criteria in subclause (1); and

(b)

may make the licence subject to any conditions.

(4)

If WorkSafe grants a controlled substance licence, it must—

(a)

issue to the applicant a licence document; and

(b)

notify the applicant in writing of—

(i)

the substance or the class of substance to which the licence applies; and

(ii)

the type of work the substance or class of substance may be used for; and

(iii)

any conditions imposed on the licence by WorkSafe; and

(iv)

the expiry date of the licence.

(5)

If WorkSafe grants a controlled substance licence subject to any conditions, it must notify the applicant in writing of the applicant’s right of appeal to the District Court against the decision (see regulation 7.10).

(6)

If WorkSafe refuses to grant a controlled substance licence in whole or in part, it must notify the applicant in writing of—

(a)

the refusal; and

(b)

the reasons for refusal; and

(c)

the applicant’s right of appeal to the District Court against the decision (see regulation 7.10).

Compare: SR 2001/122 r 6A

7.2 Criteria for fit and proper person

(1)

In determining whether an applicant is a fit and proper person to possess the substance concerned, WorkSafe must have regard, and give such weight as it considers appropriate, to the following matters:

(a)

the applicant’s criminal history (if any) in New Zealand and elsewhere:

(b)

any pending criminal proceedings against the applicant in New Zealand or elsewhere:

(c)

any protection order made against the applicant under the Domestic Violence Act 1995:

(d)

any other court order made against the applicant, in New Zealand or elsewhere, that is or may be relevant to the application:

(e)

the applicant’s history of serious behavioural problems, including any history of violence, drug abuse, or alcohol abuse:

(f)

any information collected in the course of a Police investigation that relates to the applicant’s conduct:

(g)

any matters disclosed to WorkSafe by the Police in relation to the application, including any objection to the grant of a licence:

(h)

any other matters that WorkSafe considers relevant.

(2)

In the case of proceedings referred to in subclause (1)(b), WorkSafe may defer consideration of the application until the proceedings have been determined.

(3)

WorkSafe is not limited to the matters specified in subclause (1) and may seek, receive, and take into account any other information or evidence that it considers relevant.

(4)

If WorkSafe proposes to take into account any information that is, or may be, prejudicial to the applicant, it must give the applicant a reasonable opportunity to comment on it.

(5)

However, subclause (4) does not require WorkSafe to disclose any information that would be likely to endanger the safety of any person.

Compare: SR 2001/122 r 6B

7.3 Expiry of controlled substance licence

(1)

A licence granted under this Part expires on the earliest of the following dates:

(a)

the date specified in the licence document as the date of expiry:

(b)

5 years after the date on which the licence was granted:

(c)

either—

(i)

the date on which the licence holder’s compliance certificate as a certified handler expires or is cancelled; or

(ii)

if he or she wishes to transport the substance by road, the date on which the licence holder’s dangerous goods endorsement on his or her driver licence expires or is revoked; or

(iii)

the date on which the licence holder’s aerial vertebrate toxic agent rating issued under Part 61 of the Civil Aviation Rules expires or is revoked:

(d)

the date of the notification referred to in subclause (2):

(e)

the date on which the licence is cancelled under regulation 7.8.

(2)

A person may surrender his or her controlled substance licence at any time by providing written notification to that effect, together with the licence document, to WorkSafe.

Compare: SR 2001/122 r 6C

7.4 Suspension of compliance certificate under Part 6

(1)

If a licence holder’s compliance certificate (if applicable) is suspended during an investigation under regulation 6.30, the licence holder’s controlled substance licence is automatically suspended for the same period of time.

(2)

If a licence is automatically suspended under subclause (1),—

(a)

WorkSafe must notify the licence holder of the suspension; and

(b)

the licence holder must immediately return the licence document to WorkSafe; and

(c)

the licence ceases to have effect for the period of suspension.

(3)

On completion of WorkSafe’s investigation under Part 6, WorkSafe must,—

(a)

if the compliance certificate is reinstated under regulation 6.33, return the licence document to the licence holder; or

(b)

if the compliance certificate is cancelled under regulation 6.33, withhold the expired licence document.

(4)

Regulations 7.5, 7.6, 7.7, and 7.8 do not apply to a controlled substance licence that is suspended if the licence holder’s compliance certificate is suspended under Part 6.

7.5 Suspension of controlled substance licence

(1)

WorkSafe may, by written notice to a controlled substance licence holder, suspend a controlled substance licence if it reasonably suspects that—

(a)

in an application for the grant of licence, or any statutory declaration made in respect of the application, the licence holder—

(i)

gave information that was false or misleading in a material particular; or

(ii)

gave information that omitted a matter or thing without which the information was misleading; or

(iii)

failed to give information that should have been given in the application or declaration; or

(b)

the licence holder has become the subject of a Police investigation; or

(c)

the licence holder has been charged with an offence under any enactment, in New Zealand or elsewhere; or

(d)

the licence holder is the subject of, or referred to in, advice given to WorkSafe by the chief executive of the New Zealand Security Intelligence Service under the Intelligence and Security Act 2017; or

(e)

the licence holder, because of his or her physical or mental condition (however caused)—

(i)

is incapable of having proper control of the substance for which he or she holds the licence; or

(ii)

may kill or cause bodily injury to any person; or

(f)

the licence holder’s actions indicate that the person may no longer be a fit and proper person to hold the licence.

(2)

On notice of the suspension of the licence,—

(a)

the licence holder must immediately return the licence document to WorkSafe; and

(b)

the licence ceases to have effect for the period of suspension.

(3)

The period of suspension must be no longer than is reasonably necessary to enable WorkSafe to—

(a)

investigate the accuracy of the information; and

(b)

consider whether, in light of that investigation, the licence holder continues to meet the requirements of regulation 7.2.

Compare: SR 2001/122 r 6D

7.6 Investigation process

(1)

If WorkSafe receives a complaint, or has a reasonable concern, about the ability or conduct of a controlled substance licence holder, WorkSafe may conduct an investigation of the matter.

(2)

On deciding to carry out an investigation, WorkSafe must—

(a)

give written notice to the licence holder of its intention to investigate and of the general nature of the concern; and

(b)

give the licence holder a reasonable opportunity to make submissions in relation to the matter; and

(c)

consider—

(i)

any submissions made by the licence holder; and

(ii)

any other information provided by the licence holder.

(3)

WorkSafe may obtain and take into account any other information that it considers relevant.

(4)

However, if WorkSafe proposes to take into account any information that is or may be prejudicial to the licence holder, it must disclose that information to the licence holder and give the licence holder a reasonable opportunity to comment on the information.

(5)

WorkSafe is not required to disclose any information under subclause (4) that is likely to endanger the safety of any individual.

(6)

If WorkSafe withholds any evidence or information in reliance on subclause (5), it must inform the licence holder of the fact of non-disclosure, and the following provisions apply:

(a)

in the case of non-disclosure to an individual of information about the individual,—

(i)

WorkSafe must inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act; and

(b)

in any other case,—

(i)

WorkSafe must inform the licence holder that the licence holder may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.

(7)

On completion of the investigation, WorkSafe must—

(a)

reinstate the licence and return the licence document to the licence holder (if satisfied that the holder continues to meet the requirements of regulation 7.2); or

(b)

cancel the licence under regulation 7.8.

7.7 Licence holder to be informed of draft investigation report

After investigating a matter, and before making a finding against the holder of a licence, WorkSafe must—

(a)

give a copy of the draft investigation report to the licence holder; and

(b)

inform the licence holder of the action WorkSafe proposes to take in relation to the licence; and

(c)

give the licence holder a reasonable opportunity (a period of at least 10 working days) to make a submission in relation to the draft investigation report; and

(d)

consider any submission made by the licence holder.

7.8 Cancellation of controlled substance licence

(1)

WorkSafe may, by written notice to a controlled substance licence holder, cancel a controlled substance licence if it is satisfied that—

(a)

in an application for the grant of licence, or any statutory declaration made in respect of the application, the licence holder—

(i)

gave information that was false or misleading in a material particular; or

(ii)

gave information that omitted a matter or thing without which the information was misleading; or

(iii)

failed to give information that should have been given in the application or declaration; or

(b)

the licence holder has been convicted of an offence under any enactment, in New Zealand or elsewhere; or

(c)

the licence holder’s actions indicate that the person is no longer a fit and proper person to hold the licence.

(2)

The written notice must notify the licence holder of—

(a)

the reasons for cancelling the controlled substance licence; and

(b)

the licence holder’s right of appeal to the District Court against the decision to cancel the licence (see regulation 7.10).

(3)

On notice of the cancellation of the licence, the licence holder must immediately return the licence document to WorkSafe.

Compare: SR 2001/122 r 6E

7.9 Exemption from requirement to hold controlled substance licence

The following persons do not require a licence under this Part to carry out their official duties:

(a)

an inspector or any other person who may exercise the powers of an inspector under the Act:

(b)

an enforcement officer appointed under the HSNO Act:

(c)

a member of the Civil Staff employed by the New Zealand Defence Force under the Defence Act 1990 whose duties include the collection, storage, or disposal of explosives:

(d)
(e)

a person appointed as a Customs officer for the purposes of the Customs and Excise Act 1996 by the chief executive within the meaning of that Act:

(f)

an authorised person within the meaning of section 6 of the Fire and Emergency New Zealand Act 2017:

(g)

a member of the New Zealand Police:

(h)

an aviation security officer employed in the Aviation Security Service under the Civil Aviation Act 1990.

7.10 Right to appeal against certain decisions

The following decisions are appealable decisions under subpart 5 of Part 4 of the Act:

(a)

a refusal to grant in whole or in part a controlled substance licence under regulation 7.1:

(b)

an imposition of a condition when granting a controlled substance licence under regulation 7.1:

(c)

a cancellation of a controlled substance licence under regulation 7.8.

7.11 Replacement licence document

(1)

The holder of a controlled substance licence must give written notice to WorkSafe as soon as practicable if the licence document is lost, stolen, or destroyed.

(2)

If a licence document is lost, stolen, or destroyed, the licence holder may apply to WorkSafe for a replacement.

(3)

An application for a replacement licence document must be made in the form required by WorkSafe (if any).

(4)

The application must—

(a)

include a statutory declaration describing the circumstances in which the original licence document was lost, stolen, or destroyed; and

(b)

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

(5)

WorkSafe must issue the replacement licence document if satisfied that the original licence document was lost, stolen, or destroyed.

Register of controlled substance licence holders

7.12 WorkSafe must enter controlled substance licence on register

If WorkSafe grants a controlled substance licence under this Part, it must enter the licence on the register of controlled substance licence holders kept in accordance with regulation 7.13.

7.13 Register of controlled substance licence holders

(1)

WorkSafe must keep and maintain a register of controlled substance licence holders.

(2)

If WorkSafe grants a controlled substance licence, it must enter in the register the following information about each licence holder:

(a)

the date on which the licence was granted:

(b)

the name, residential address, and work contact information (for example, a street address, email address, or telephone number) of the licence holder:

(c)

the name of the substance or the class of substance to which the licence applies:

(d)

the type of work the substance or class of substance will be used for:

(e)

any conditions imposed on the licence:

(f)

the date on which the licence expires:

(g)

any other matters relating to the licence as WorkSafe considers appropriate.

(3)

WorkSafe must also enter in the register the following information about a controlled substance licence holder:

(a)

details of any suspension of the person’s licence that is in force on the commencement of this regulation or that is imposed under these regulations, the grounds for the suspension, and the period of suspension:

(b)

information about any revocation of the person’s licence under regulation 6E of the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001 (as it read before its revocation) or under these regulations, and the grounds for the cancellation.

(4)

WorkSafe may search the register in the performance of its functions.

(5)

In addition, the following persons may search the register for the following purposes:

(a)

an individual, or a person with the written consent of an individual, for the purpose of obtaining information about that individual under the Privacy Act 1993:

(b)

an approved person, for a purpose that—

(i)

is necessary to prevent or reduce a serious and imminent threat to the health or safety of any person; or

(ii)

is necessary for the enforcement of the Act or these regulations or the conduct of proceedings for an offence against the Act or these regulations; or

(iii)

has been authorised by the Privacy Commissioner under section 54(1) of the Privacy Act 1993; or

(iv)

is necessary to plan for responses to any workplace emergency.

(6)

In subclause (5)(b), approved person means—

(a)

an inspector appointed under section 163 of the Act:

(b)

the Commissioner of Police:

(c)

the chief executive of Fire and Emergency New Zealand:

(d)

the chief executive of the New Zealand Security Intelligence Service.

Part 8 Controls applying to all class 1 to 5 substances

8.1 Compliance certification

(1)

A PCBU with management or control of a hazardous substance location within a workplace must ensure that a compliance certificate that is required for a hazardous substance location under Part 9, 10, 11, or 12 (except regulation 9.36) is renewed at intervals not exceeding 12 months (unless that period is extended under regulation 8.2).

(2)

Despite subclause (1), the interval for renewal of a compliance certificate for a hazardous substance location that comprises less than 300 kg of LPG (see regulation 10.34) is 36 months.

(3)

If the PCBU is required to obtain more than 1 compliance certificate,—

(a)

the compliance certifier may, at the request of the PCBU, examine at the same time any or all of those matters that require compliance certification that the certifier is competent to certify; and

(b)

if the compliance certifier examines more than 1 matter, the certifier must ensure that his or her report indicates whether the respective requirements have been met and gives the reasons for any failure to meet those requirements; and

(c)

a single compliance certificate may be issued for any or all of those matters if the requirements have been met.

(4)

A PCBU who contravenes this regulation 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 7

8.2 Extension of renewal period of compliance certificate

(1)

For the purposes of regulation 8.1, WorkSafe may, on application by the PCBU, extend the period after which a compliance certificate must be renewed.

(2)

An application for extension 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)

An extended period must not exceed 36 months.

(4)

When specifying the extension, WorkSafe must take into account—

(a)

the maximum quantities and types of hazardous substances present or likely to be present at the hazardous substance location; and

(b)

the review and monitoring systems in place for the management of those substances; and

(c)

the compliance history of the PCBU under the Act or any enactment that previously set controls for the management of hazardous substances in the workplace and of the persons in charge of the substances.

8.3 Public transportation of class 1 to 5 substances (except LPG)

(1)

A person must not carry or convey on a passenger service vehicle any quantity of—

(a)

a class 1 substance other than the class 1 substances specified in the second column of the table in Schedule 6:

(b)

a class 3.1A, 4.1.2A, 4.1.3A, 4.1.3B, 4.1.3C, 4.2A, 4.3A, 5.1.1A, or 5.2A substance.

(2)

A person must not carry or convey any class 1, 2, 3, 4, or 5 substance on a passenger service vehicle unless the quantities of substances per package within each hazard classification are less than or equal to those specified for the relevant classification in the third column of the table in Schedule 6.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction to a fine not exceeding $2,000.

Compare: SR 2001/116 r 8

8.4 Public transportation of LPG

(1)

A person must not carry or convey more than 20 kg of LPG on a passenger service vehicle.

(2)

A PCBU in charge of a passenger service vehicle used to carry or convey LPG must ensure that—

(a)

no more than 20 kg of LPG is carried or conveyed on the vehicle at any one time; and

(b)

the LPG is in 1 or more containers that are stowed on the vehicle in a separate compartment that complies with subclause (3); and

(c)

no other hazardous substance is stored in the compartment with the LPG; and

(d)

the compartment is labelled with a class 2—gas diamond.

(3)

A compartment that is used to carry LPG must be—

(a)

ventilated so as to allow any LPG that escapes to dissipate rather than build up in the compartment; and

(b)

able to be accessed only from outside the vehicle; and

(c)

made of fire-resistant material; and

(d)

located in the vehicle in a place that will provide maximum protection for the LPG container in the event of an accident.

(4)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.

(5)

A PCBU who contravenes subclause (2) or (3) 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.

Exemptions from controls in Parts 9 to 12

8.5 Tactical policing

Parts 9, 10, 11, and 12 do not apply to a class 1 to 5 substance when it is used—

(a)

in policing operations by Police tactical groups or in training for such operations; or

(b)

on a vehicle, a ship, or an aircraft used by Police tactical groups to carry the substance to such operations or training.

Compare: SR 2001/116 r 9B

8.6 Training explosives detector dogs

(1)

Regulations 9.18 to 9.27 do not apply to a class 1 substance used by an agency listed in subclause (2) in relation to the training of explosives detector dogs in accordance with a relevant safe work instrument.

(2)

The agencies are—

(a)

the New Zealand Customs Service:

(b)

the New Zealand Police:

(c)

the Aviation Security Service.

Compare: SR 2001/116 r 12

8.7 Ethanol dilutions

Regulations 8.1 and 8.3 and Part 10 do not apply to an ethanol-water dilution intended for drinking, if the ethanol content of the substance is more than 15% by volume, if the following requirements are met:

(a)

the substance is stored in containers of a capacity greater than 5 L at premises used for storing, processing, or handling alcohol intended for drinking:

(b)

the area at the premises where the substance is stored is equipped with a drainage and drenching system and a vapour detector designed and constructed in accordance with—

(i)

Appendix G of AS 1940—2004—The storage and handling of flammable and combustible liquids; or

(ii)

a standard in a relevant safe work instrument:

(c)

the containers are constructed of stainless steel or of another material specified in a relevant safe work instrument.

Part 9 Class 1 substances

9.1 Overview

This Part imposes the following controls on class 1 substances:

(a)

general controls set out in subpart 1:

(b)

controls on hazardous substance locations where class 1 substances are present set out in subpart 2:

(c)

controls on intended detonation and deflagration of class 1 substances set out in subpart 3:

(d)

controls on indoor and outdoor pyrotechnic displays set out in subpart 4:

(e)

controls on the transfer and transportation of class 1 substances set out in subpart 5.

Compare: SR 2001/116 r 10

9.2 Interpretation

In this Part, unless the context otherwise requires,—

aerial shell means a pyrotechnic article of class 1.1G, 1.2G, 1.3G, or 1.4G that—

(a)

is fired or designed to be fired from a mortar tube; and

(b)

contains a lift charge capable of lifting the article above the firing point before any pyrotechnic display is produced

article means a manufactured thing containing, incorporating, or including any hazardous substance with explosive properties

discharge area means a place from which class 1 category G substances are to be fired in an outdoor pyrotechnic display or indoor pyrotechnic display

electro-explosive device

(a)

means a device designed to initiate a detonation or deflagration with an electrical impulse; and

(b)

includes an electric detonator, an electric initiator, and an electric blasting initiator

exclusion zone means a place established under regulation 9.32 or 9.43 for receiving burning material, malfunctioning pyrotechnics, or other debris from an outdoor pyrotechnic display or indoor pyrotechnic display

explosive means a class 1 substance, including an article

firearms dealer’s licence means a dealer’s licence issued under section 5 of the Arms Act 1983

firearms licence means a licence issued under section 24 of the Arms Act 1983

firework

(a)

has the same meaning as in section 2 of the HSNO Act; and

(b)

includes any pyrotechnic novelty or noise maker

hazardous fragment means a projectile produced as the result of a detonation or deflagration that has a kinetic energy of more than 79 J

indoor pyrotechnic display means an indoor display of indoor pyrotechnics

indoor pyrotechnics means class 1 category G substances designed for indoor use that—

(a)

contain no more than a trace of antimony, arsenic, cadmium, chromium, lead, mercury, nickel, selenium, or zinc, or their compounds; and

(b)

have a height and duration of operation and a radius within which any burning or burnt material may be expected to fall that are specified by the manufacturer

lightning interceptor means any permanently located object, including a natural feature, that is exposed to the atmosphere and capable of intercepting lightning discharges in the vicinity of any hazardous substance location in which class 1 substances are present

magazine

(a)

means a place in which explosives or partly manufactured explosives are stored; but

(b)

does not include a room or building in an explosives factory in which explosives or partly manufactured explosives are stored for use in manufacturing processes in the factory

manufacture, in relation to an explosive, includes the following processes:

(a)

making an explosive:

(b)

adapting an explosive to make any other explosive:

(c)

dividing up an article into component parts:

(d)

breaking up or unmaking an article:

(e)

remaking or altering or repairing an article:

(f)

separating or picking out defective or damaged portions of an article:

(g)

assembling, inspecting, or packaging an explosive

outdoor pyrotechnic display means an outdoor display of pyrotechnics

outdoor pyrotechnics means class 1 category G substances other than—

(a)

indoor pyrotechnics; and

(b)

retail fireworks

retail fireworks means fireworks to which the Hazardous Substances (Fireworks) Regulations 2001 apply

rocket

(a)

means a class 1 category G pyrotechnic that is propelled or designed to be propelled into the air on ignition; but

(b)

does not include model rockets or rockets propelled by a rocket motor with a category C, J, or L classification

salute means a class 1 category G pyrotechnic designed to produce a loud report.

Compare: SR 2001/116 r 11

Subpart 1—Controls on class 1 substances

9.3 Class 1 substances generally to be under control of certified handlers

(1)

A PCBU with management or control of work using any quantity of a class 1 substance must, subject to this regulation, ensure that the substance is under the personal control of a certified handler.

(2)

The following class 1 substances are not required to be under the personal control of a certified handler:

(a)

safety ammunition (including pre-primed cartridges and primers) of class 1.4S:

(b)

airbag initiators and seatbelt pretensioners of class 1.4G and 1.4S:

(c)

cable cutters of class 1.4S (UN0070):

(d)

power device cartridges of class 1.4S (UN0323):

(e)

signal tubes and shock tubes of class 1.4S (UN0349):

(f)

cassette degradation devices of class 1.4S (UN0432):

(g)

any other class 1 substance specified in a relevant safe work instrument.

(3)

The following class 1 substances are not required to be under the personal control of a certified handler before being sold to the public:

(a)

retail fireworks in a quantity of less than 500 kg (gross weight):

(b)

emergency flares and signalling devices of class 1.3G, 1.4G, and 1.4S in a quantity of less than 100 kg (gross weight):

(c)

model rocket motors of class 1.4G and 1.4S in a quantity of less than 100 kg (gross weight):

(d)

propellants of class 1.3C (UN0161 and UN0499) and 1.1C (UN0160) in a quantity of less than 50 kg:

(e)

gunpowder of class 1.1D (UN0027) in a quantity of less than 50 kg:

(f)

igniting fuses of class 1.4G (UN0317) in a quantity of less than 100 kg (gross weight):

(g)

igniters of class 1.4S (UN0454) in a quantity of less than 50 kg (gross weight):

(h)

any other class 1 substance specified in a relevant safe work instrument.

(4)

The following class 1 substances are not required to be under the personal control of a certified handler after being sold to the public:

(a)

retail fireworks:

(b)

emergency flares and signalling devices of class 1.3G, 1.4G, and 1.4S:

(c)

model rocket motors of class 1.4G and 1.4S:

(d)

propellants of class 1.3C (UN0161 and UN0499) and 1.1C (UN0160) in a quantity of less than 15 kg:

(e)

gunpowder of class 1.1D (UN0027) in a quantity of less than 15 kg:

(f)

igniting fuses of class 1.4G (UN0317):

(g)

igniters of class 1.4S (UN0454):

(h)

any other class 1 substance specified in a relevant safe work instrument.

(5)

A class 1 substance is not required to be under the personal control of a certified handler if—

(a)

a certified handler—

(i)

is present at the location where the substance is being handled; and

(ii)

has provided guidance to the person in respect of the handling; and

(iii)

is available at all times to provide assistance, if necessary, to the person while the substance is being handled by the person; or

(b)

the substance is handled by a person who does not require a compliance certificate as a certified handler (as provided in regulation 4.4), and who is handling the substance as part of his or her official duties.

(6)

A class 1 substance is not required to be under the personal control of a certified handler if it is secured at a hazardous substance location or designated use zone in a container that meets the applicable requirements of regulations 9.19, 9.20, and 9.21.

(7)

A PCBU who contravenes this regulation 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.

9.4 Safe work instrument may amend table 1 or 2 in Schedule 7

(1)

A safe work instrument may add an item to, or delete an item from, table 1 or 2 in Schedule 7.

(2)

Table 1 or 2 in Schedule 7 applies as amended by a safe work instrument approved for the purposes of this regulation.

9.5 Controlled substance licence generally required for class 1 substances

(1)

An individual must not possess any quantity of a substance described in table 1 in Schedule 7 unless the individual holds a controlled substance licence that authorises possession of the substance.

(2)

Despite subclause (1), an individual who does not hold a controlled substance licence may possess a controlled substance described in table 1 in Schedule 7 if the individual—

(a)

is under the direct supervision of an individual who holds a controlled substance licence for that substance; or

(b)

is a member of the New Zealand Police and is in possession of the relevant substance for the purpose of policing; or

(c)

does not require a controlled substance licence (as provided in regulation 7.9).

(3)

Despite subclause (1), the holder of a firearms licence or a firearms dealer’s licence may possess less than 15 kg of black powder (gunpowder) UN0027.

(4)

An individual is not required to hold a controlled substance licence to possess a substance described in table 2 in Schedule 7.

(5)

An individual who contravenes this regulation commits an offence and is liable on conviction to a fine not exceeding $2,000.

Compare: SR 2001/116 r 13

9.6 Licence required for possession of smokeless powders and certain other propellants

(1)

An individual must not possess any quantity of a substance described in table 3 in Schedule 7 unless the individual—

(a)

holds a controlled substance licence authorising possession of the substance; or

(b)

is under the direct supervision of an individual who holds any one of those licences.

(2)

Despite subclause (1), the holder of a firearms licence or a firearms dealer’s licence may possess less than 15 kg of a substance described in table 3 in Schedule 7.

(3)

An individual who contravenes this regulation commits an offence and is liable on conviction to a fine not exceeding $2,000.

9.7 Exceptions to requirement to have licence for transportation of certain class 1 substances

(1)

Regulations 9.5 and 9.6 do not apply to a person who possesses a substance described in table 1 or 3 in Schedule 7 for transportation if,—

(a)

for a substance transported by sea,—

(i)

the person is the holder of a relevant maritime document issued under Part 5 of the Maritime Transport Act 1994; and

(ii)

Part 24A of the Maritime Rules (carriage of cargoes—dangerous goods) is complied with; and

(b)

for a substance transported by air,—

(i)

the person is the holder of a relevant aviation document issued under Part 1 of the Civil Aviation Act 1990; and

(ii)

the Civil Aviation Rules are complied with; and

(c)

for a substance transported by rail,—

(i)

the rail wagon or freight container containing the substance is continuously locked or secured (or both); and

(ii)

a person who holds a controlled substance licence is present (except in an emergency) at dispatch and receipt of the substance and at any place between dispatch and receipt where the rail wagon or freight container is opened; and

(iii)

the Land Transport Rule: Dangerous Goods 2005 is complied with.

(2)

Regulations 9.5 and 9.6 do not apply to a person who possesses a substance described in table 4 in Schedule 7 for transportation by land if—

(a)

the quantity of the substance that the person possesses at any time is less than 15 kg; and

(b)

the Land Transport Rule: Dangerous Goods 2005 is complied with.

9.8 Requirement to have controlled substance licence for supply

(1)

A PCBU must not supply a substance described in table 1 or 3 in Schedule 7 to another person unless the person acquiring the substance holds a controlled substance licence that authorises possession of the substance.

(2)

Despite subclause (1), a PCBU may supply no more than 15 kg of the following substances to the holder of a firearms licence or a firearms dealer’s licence:

(a)

black powder (gunpowder) UN0027:

(b)

a substance described in table 3 in Schedule 7.

(3)

Despite subclause (1), a person who does not have a controlled substance licence may acquire a substance for the purpose of transporting it if the person has a current dangerous goods endorsement on his or her driver licence.

(4)

A PCBU who contravenes this regulation 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.

9.9 Prohibition on display of class 1 substance for sale

(1)

A PCBU must not exhibit or expose a class 1 substance for sale on any premises.

(2)

Subclause (1) does not apply to—

(a)

retail fireworks:

(b)

safety ammunition, including pre-primed cartridges and primers of class 1.4S.

(3)

A PCBU who contravenes this regulation 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 13A

9.10 General restrictions on location of class 1 substances

(1)

Subject to this Part, a PCBU with management or control of a class 1 substance must ensure that the substance is—

(a)

at a hazardous substance location; or

(b)

at a designated use zone or, in the case of a class 1 category G substance, a discharge area; or

(c)

at a designated transfer zone; or

(d)

on or in a vehicle, a ship, or an aircraft under the direct control of its driver, master, or pilot in circumstances to which the Land Transport Rules, Maritime Rules, or Civil Aviation Rules (as the case may be) apply; or

(e)

at a location authorised by WorkSafe.

(2)

Subject to this Part, a PCBU with management or control of a class 1 substance must ensure that a class 1 substance is not—

(a)

at a transit depot; or

(b)

at a designated transfer zone for more than—

(i)

24 hours, for retail fireworks and for substances in hazard classifications 1.4C, 1.4E, 1.4G, and 1.4S:

(ii)

8 hours, for all other class 1 substances.

(3)

A PCBU who contravenes this regulation 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 14

9.11 Limits on impact or pressure shock

(1)

A PCBU with management or control of a class 1 substance must ensure that the substance is not subject to any impact or pressure shock that could inadvertently result in an explosion or a fire.

(2)

A PCBU who contravenes this regulation 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 15

9.12 Limits on spark energy

(1)

A PCBU with management or control of a class 1 substance must ensure that the substance is not exposed to any ignition source that may release spark energy in a way that could inadvertently result in an explosion or a fire.

(2)

A PCBU who contravenes this regulation 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 16

9.13 Limits on heat and fire

(1)

A PCBU with management or control of a class 1 substance must ensure that the substance is not exposed to any ignition source capable of generating heat or fire where that could inadvertently result in an explosion or a fire.

(2)

A PCBU who contravenes this regulation 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 17

9.14 Limits on static electricity in relation to equipment

(1)

A PCBU with management or control of a class 1 substance must ensure that the substance is not exposed to a build-up of static electrical charge that could result in an unintended explosion or fire.

(2)

A PCBU who contravenes this regulation 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 18

9.15 Protection from stray electrical currents

(1)

A PCBU with management or control of a class 1 substance that is to be fired using an electrical firing system must ensure that the area within 2 m of any uninsulated portion of the firing system is not subject to stray electrical currents of more than 60 mA.

(2)

Subclause (1) does not apply to a firing system initiated only by electrical currents modulated to specific waveforms or pulse sequences.

(3)

A PCBU who contravenes this regulation 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 19

9.16 Protection from electromagnetic radiation

(1)

A PCBU with management or control of an electro-explosive device or electrical lead set out for firing a class 1 substance must ensure that the device or lead complies with either or both of the following:

(a)

the device or lead is located at a distance from any electromagnetic radiation source of at least the safety distance in metres given by the following formula:

safety distance = [(G × P)/(4 × π × Sp)]1/2

where—

G

is the power ratio gain of the transmitter antennae

P

is the mean power in watts fed to the transmitter antennae calculated from the product of peak power × pps × pulse width

pps

is the number of pulses per second

Sp

is the safe power density in watts per square metre, determined by the formula:

(3 x 10– 6)pps/0.13ʎ2

where—

ʎ

is the wavelength of the electromagnetic source.

(b)

the device is of a type that, according to either a pre-test or specifications in the device design, cannot be initiated by induced current.

(2)

The PCBU who manufactures an unprotected electro-explosive device must ensure that any equipment for holding or handling the device during its manufacture has an earthing system with a resistance of less than 10 Ω.

(3)

A PCBU who contravenes this regulation 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 20

Segregation of incompatible substances

9.17 Requirement to segregate incompatible substances and materials

(1)

Except as provided in table 1 in Schedule 8, a PCBU in control or possession of a class 1 substance must ensure that—

(a)

the substance is not present in the same hazardous substance location, designated transfer zone, or means of transportation as another class 1 substance that is of the same subclass but in a different category classification; and

(b)

if the substance is the category K classification of its subclass, it is not present in the same hazardous substance location, designated transfer zone, or means of transportation as another class 1 substance in the category K classification of a different subclass; and

(c)

if the substance is the category L classification of its subclass, it is not present in the same hazardous substance location, designated transfer zone, or means of transportation as another class 1 substance in the category L classification of a different subclass.

(2)

A PCBU who contravenes this regulation 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 21

Securing class 1 substances

9.18 Requirement to secure class 1 substances

(1)

A PCBU with management or control of a class 1 substance specified in table 7 in Schedule 8 must, before using the substance, ensure that the substance is secured at a hazardous substance location or designated use zone in a container that—

(a)

is of a kind specified in that table for the specified hazard classification and quantity; and

(b)

meets the applicable requirements of regulations 9.19, 9.20, and 9.21.

(2)

A PCBU with management or control of a class 1 category G substance at a discharge area must, before using the substance, ensure that the substance is secured in a way that ensures that a person not authorised by the PCBU cannot gain access to the substance.

(3)

It is sufficient for the following substances, when left unattended, to be secured in a way that ensures that an unauthorised person cannot gain access to the substance:

(a)

cartridges and primers, of class 1.4S safety ammunition, including pre-primed cartridges:

(b)

airbag initiators and seatbelt pretensioners of class 1.4G or 1.4S:

(c)

cable cutters of class 1.4S (UN0070):

(d)

power device cartridges of class 1.4S (UN0323):

(e)

signal tubes or shock tubes of class 1.4S (UN0349):

(f)

cassette degradation devices of class 1.4S (UN0432).

(4)

It is sufficient for a class 1 substance to be under the personal control of a certified handler.

(5)

A PCBU who contravenes this regulation 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 22

9.19 Requirements for containers

(1)

If regulation 9.18 requires a substance to be secured in a container that is a magazine, a PCBU with management or control of the substance must ensure that the magazine—

(a)

has the following:

(i)

an outer case that complies with the requirements for material of construction as detailed in AS 2187.1–1998; and

(ii)

locking arrangements, for any entry into the magazine, with a tensile strength of at least 1 250 kN/m2; and

(b)

is built to a design that complies with, and is certified in accordance with, regulation 9.20.

(2)

If regulation 9.18 requires a class 1 substance to be secured in a readily movable container (that is not packaging), a PCBU with management or control of the container must ensure that it—

(a)

complies with the following design requirements:

(i)

it has an interior that is unable to generate a spark:

(ii)

it has an exterior completely sheathed in fire-resistant material:

(iii)

it has a close-fitting lid and is secured so that an unauthorised person cannot gain access to the substance:

(iv)

it is designed and constructed so that it can be readily moved by 1 person in the event of a fire or similar emergency that could put the substance at a risk of unintended detonation; and

(b)

is certified in accordance with regulation 9.20.

Compare: SR 2001/116 r 23

9.20 Design and certification of containers

(1)

For the purposes of regulation 9.19(1)(b), the design for a magazine must—

(a)

specify the material type to be used in making it, its dimensions, and its components, including any part of the magazine through which access is gained to the contents, the arrangements for securing the magazine against unauthorised entry, and the arrangements for securing it against removal; and

(b)

have a compliance certificate certifying that the design meets the requirements specified in paragraph (a) and regulation 9.19(1)(a).

(2)

For the purposes of regulation 9.19(2)(b), a readily movable container must have a compliance certificate certifying that the container is constructed according to the design requirements of regulation 9.19(2)(a).

(3)

Despite subclauses (1) and (2), a container may be designed and certified in accordance with requirements set out in a relevant safe work instrument.

(4)

A compliance certificate under this regulation must—

(a)

be obtained by the PCBU with management or control of the container at intervals not exceeding 5 years; and

(b)

certify that the container continues to meet the relevant design requirements.

Compare: SR 2001/116 r 24

9.21 Requirements for containers securing fireworks

(1)

A PCBU with management or control of a hazardous substance location used to secure retail fireworks must ensure that—

(a)

the container (that is not packaging) that contains the fireworks either complies with regulations 9.19 and 9.20 or is—

(i)

of fire-resistant construction; and

(ii)

secured so that a person cannot gain access to it without tools, keys, or any other device for operating locks; and

(iii)

monitored by a security system; or

(b)

the building that contains the fireworks is—

(i)

of fire-resistant construction; and

(ii)

secured so that a person cannot gain access to it without tools, keys, or any other device for operating locks; and

(iii)

monitored by a security system.

(2)

A PCBU who contravenes this regulation 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.

Subpart 2—Hazardous substance locations

9.22 PCBU to establish hazardous substance location

(1)

This regulation applies to a place within a workplace where a class 1 substance is present—

(a)

for more than 2 hours; and

(b)

in at least the quantity specified for the relevant classification in table 5 in Schedule 8.

(2)

A PCBU with management or control of the place must establish 1 or more hazardous substance locations in which the substances are to be located.

(3)

Despite subclause (2), a hazardous substance location is not required for any of the following class 1 substances in a quantity below 10 000 kg (gross weight):

(a)

safety ammunition, including pre-primed cartridges and primers, of class 1.4S:

(b)

airbag initiators and seatbelt pretensioners of class 1.4G or 1.4S:

(c)

cable cutters of class 1.4S (UN0070):

(d)

power device cartridges of class 1.4S (UN0323):

(e)

signal tubes or shock tubes of class 1.4S (UN0349):

(f)

cassette degradation devices of class 1.4S (UN0432).

(4)

A PCBU with management or control of a hazardous substance location must notify WorkSafe, at least 30 working days before commissioning the location for class 1 substances, of—

(a)

the street address at which the hazardous substance location is situated; and

(b)

the maximum quantity and hazard classification of each class 1 substance that the hazardous substance location is designed or constructed to accommodate.

(5)

A PCBU with management or control of a hazardous substance location must,—

(a)

if regulation 9.3 applies, be a certified handler for the relevant substances or demonstrate that a person is available who is a certified handler for the substances; and

(b)

ensure that any container or building used to hold the substance is secured in accordance with regulation 9.18.

(6)

A PCBU with management or control of a hazardous substance location must ensure that,—

(a)

if regulation 9.26 applies to the location, a compliance certificate is obtained that certifies that the requirements of that regulation are met; and

(b)

a site plan is available for inspection showing, in relation to the legal boundary of the place where the hazardous substance location is situated, the physical position of—

(i)

all hazardous substance locations in the place; and

(ii)

all controlled zones in the place.

(7)

This regulation does not apply to a place within a workplace that is—

(a)

a designated use zone:

(b)

a designated transfer zone:

(c)

a discharge area:

(d)

a location authorised by WorkSafe under regulation 9.10(1)(e).

(8)

A PCBU who contravenes subclause (2), (5), or (6) 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.

(9)

A PCBU who contravenes subclause (4) 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.

Compare: SR 2001/116 r 26

9.23 PCBU to reduce likelihood of unintended initiation

(1)

A PCBU with management or control of a hazardous substance location must ensure that—

(a)

all handling systems and equipment used in relation to class 1 substances meet the requirements of regulation 9.11; and

(b)

any piece of fixed equipment or part of the facility structure that is capable of producing a spark or transferring spark energy to any class 1 substance meets the requirements of regulation 9.12; and

(c)

any piece of equipment or part of the facility structure that is capable of generating heat or fire meets the requirements of regulation 9.13; and

(d)

for a class 1 substance other than retail fireworks, no readily combustible material is present within 5 m of the outside of the hazardous substance location; and

(e)

for retail fireworks, no readily combustible material is present within 2 m of the outside of a hazardous substance location holding no more than 10 000 kg of fireworks in a standard ISO transport container, or within 5 m of the outside of a hazardous substance location holding more than 10 000 kg of fireworks; and

(f)

any equipment or part of the facility structure that is capable of accumulating a static electrical charge meets the requirements of regulation 9.14; and

(g)

where the quantity of class 1 substances (except retail fireworks) requires, there is a lightning conducting system in place that meets the requirements of regulations 9.24 and 9.25; and

(h)

where an electro-explosive device or a class 1 category A substance is being manufactured or is unprotected, or where a class 1 category B substance is being manufactured,—

(i)

every entrance to the immediate area where the device or substance is present is equipped with a means of grounding any person who enters, and every person who enters is grounded; and

(ii)

any person handling the substance in that area wears clothing and footwear or has earthing systems that meet the requirements of subclause (2); and

(i)

where there are unprotected electro-explosive devices,—

(i)

the hazardous substance location meets the safety distance requirements imposed by regulation 9.16 and has in place documented procedures to exclude devices that are sources of electromagnetic radiation unless those safety distance requirements continue to be met when the device is operating; and

(ii)

any equipment for holding or handling an unprotected electro-explosive device meets the requirements of regulation 9.16(2).

(2)

The earthing systems referred to in subclause (1)(h)(ii) must—

(a)

have a resistance of between 105 Ω and 106 Ω; or

(b)

be unable to accumulate a static electrical charge capable of producing a discharge of more than—

(i)

0.001 J to a class 1 category A substance; and

(ii)

0.2 J to a class 1 category B article or to an electro-explosive device.

(3)

If a thunderstorm approaches a hazardous substance location,—

(a)

any loading or unloading of a class 1 substance into or out of the hazardous substance location must cease; and

(b)

any manufacturing involving a class 1 substance must cease; and

(c)

all persons must be evacuated to a distance in metres from the substance (unless the substance is retail fireworks) of at least that calculated in accordance with the following formula:

D = 10 × NEQ1/3

where—

D

is the distance in metres

NEQ

(net quantity of class 1 substance) is the gross weight of the article, less the weight of any construction materials of the article, in kilograms.

(4)

A PCBU with management or control of the hazardous substance location must ensure that no class 2, 3, 4, 5, 6, 8, or 9 substance is present in the hazardous substance location, other than a substance used to manufacture a class 1 substance.

(5)

Despite subclause (3), inspecting and packaging may continue for any retail fireworks or class 1.4 substances.

(6)

Subclause (3)(c) does not apply to class 1.4S substances.

(7)

A PCBU who contravenes this regulation 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 27

9.24 Protection from lightning strike

(1)

A PCBU with management or control of a hazardous substance location at which class 1 substances (except fireworks) are present must ensure that—

(a)

there is an earthing system between the atmosphere above the hazardous substance location and earth that—

(i)

has a resistance to earth of less than 10 Ω prior to any bonding of any metallic structures and service conduits to the earthing system; and

(ii)

is separated from any class 1 substance so that any build-up of static electrical charge along the earthing system cannot produce a discharge from the earthing system to the substance; and

(b)

there are lightning interceptors as provided in regulation 9.25.

(2)

This regulation applies only if the quantity of class 1 substances present exceeds the following amounts:

(a)

for class 1.1 or 1.5 substances, 50 kg; or

(b)

for class 1.2 or 1.6 substances, 100 kg; or

(c)

for class 1.3 substances, 200 kg.

(3)

A PCBU who contravenes this regulation 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 28

9.25 Lightning interceptors

(1)

A PCBU with management or control of a hazardous substance location that requires lightning protection must ensure, subject to subclause (2), that the location has lightning interceptors that comply with either of the following requirements:

(a)

the hazardous substance location must fall completely within the space of a cone or plane projected at 30° from the vertical from the top of the lightning interceptors; or

(b)

the lightning interceptors must be positioned so as to ensure that the hazardous substance location completely falls outside an arc generated by a 20 m radius sphere rolled over the hazardous substance location and the lightning interceptors, as illustrated in figures 4.1 and 4.2 of section 4 in AS/NZS 1768: 2007—Lightning protection.

(2)

A hazardous substance location does not require separate lightning interceptors if the complete outer shell of the location acts as the lightning earthing system.

(3)

A PCBU who contravenes this regulation 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 29

9.26 Compliance certificate for hazardous substance location

(1)

A PCBU with management or control of a hazardous substance location where a class 1 substance is present must ensure that the hazardous substance location has a current compliance certificate certifying that the location complies with the requirements of regulations 9.17, 9.18, 9.22(4), (5), and (6)(b), and 9.23.

(2)

The requirements of subclause (1) do not apply to a hazardous substance location where the only class 1 substances present are present in a quantity less than the quantity specified for the relevant classification in table 6 in Schedule 8.

(3)

Subclause (1) does not apply to the following class 1 substances:

(a)

safety ammunition (including pre-primed cartridges and primers) of class 1.4S:

(b)

airbag initiators and seatbelt pretensioners of class 1.4G or 1.4S:

(c)

cable cutters of class 1.4S (UN0070):

(d)

power device cartridges of class 1.4S (UN0323):

(e)

signal tubes and shock tubes of class 1.4S (UN0349):

(f)

cassette degradation devices of class 1.4S (UN0432).

(4)

A PCBU who contravenes this regulation 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 30

9.27 PCBU to control adverse effects of unintended initiation

(1)

A PCBU with management or control of a hazardous substance location must—

(a)

authorise to be in the hazardous substance location or its abutting controlled zone only—

(i)

those persons necessary for the handling of class 1 substances; and

(ii)

for limited periods only, persons carrying out maintenance, inspection, or management activities, or site visitors under the direct supervision of a certified handler; and

(b)

exclude from the hazardous substance location and controlled zone persons not authorised to be there.

(2)

A PCBU with management or control of a hazardous substance location must manage all class 1 substances present within the location (except safety ammunition) to ensure that, in the event of an unintended initiation,—

(a)

public traffic routes of low density and places where people may occasionally be present in numbers up to 200 persons on average in any 24-hour period are not subject to any of the following:

(i)

a blast overpressure more than 13 kPa:

(ii)

for class 1 substances that have a fire hazard or a minor projection hazard (or both) but not a mass explosion hazard, being within a distance described by the following formula:

D = 4.3Q1/3

where—

D

is distance in metres

Q

is quantity in kilograms:

(iii)

more than 2 hazardous fragments per 60 m2 of surface area; and

(b)

public traffic routes of medium density, places where people may occasionally be present in numbers up to 900 persons on average in any 24-hour period, and the interior of any proximate building within the boundary of the place where people not directly handling explosive substances are present are not subject to any of the following:

(i)

a blast overpressure more than 9 kPa:

(ii)

for class 1 substances that have a fire hazard or a minor projection hazard (or both) but not a mass explosion hazard, being within a distance described by the following formula:

D = 4.3Q1/3

D

is distance in metres

Q

is quantity in kilograms:

(iii)

more than 2 hazardous fragments per 60 m2 of surface area; and

(c)

public traffic routes of high density, areas of high intensity land use, or any area where a person may be legally present inside the boundary of the place where the hazardous substance location is located are not subject to any of the following:

(i)

a blast overpressure more than 5 kPa:

(ii)

for class 1 substances that have a fire hazard or a minor projection hazard (or both) but not a mass explosion hazard, being within a distance described by the following formula:

D = 6.4Q1/3

D

is distance in metres

Q

is quantity in kilograms:

(iii)

more than 1 hazardous fragment per 60 m2 of surface area; or

(d)

vulnerable facilities are not subject to more than a blast overpressure of 2 kPa.

(3)

A hazardous substance location complies with subclause (2) if—

(a)

the total quantity and type of class 1 substances are limited to meet the requirements of subclause (2) at the boundary of the hazardous substance location; or

(b)

the distances between the class 1 substances and the boundary of the hazardous substance location are set to meet the requirements of subclause (2); or

(c)

the PCBU with management or control of the hazardous substance location complies with requirements in a relevant safe work instrument.

(4)

A PCBU with management or control of a hazardous substance location that is used solely for securing and holding a class 1 substance must limit the quantities of any class 1 substance at the location to ensure that, in the event of an unintended initiation,—

(a)

the interior of any proximate building where a class 1 substance is manufactured would not be subject to a blast overpressure of more than 24 kPa; and

(b)

the exterior of any proximate building where a class 1 substance is manufactured would not be subject to more than 3 hazardous fragments per 60 m2 of exterior surface area.

(5)

A PCBU who contravenes this regulation 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 31

Subpart 3—Intended detonation and deflagration of class 1 substances

9.28 Duty of PCBU who directs detonation or deflagration

(1)

At any place within a workplace where a class 1 substance (except a class 1 substance described in regulation 9.3(2)) is to be intentionally detonated or deflagrated, the PCBU who directs the carrying out of the detonation or deflagration must,—

(a)

if regulation 9.3 requires the substance to be under the personal control of a certified handler, ensure that there is a certified handler personally in control of the substance, or that the substance is secured as specified in regulation 9.18; and

(b)

establish a designated use zone within which such substances are to be detonated; and

(c)

ensure that regulations 9.29 and 9.30 are complied with.

(2)

At least 3 working days before the first firing occurs at the place, the PCBU who directs the carrying out of the detonation or deflagration must—

(a)

notify WorkSafe of the place where the firing is to occur, the date of the firing, and the time and number of firings; and

(b)

if regular firings are to occur at the place, notify WorkSafe of the likely frequency of firings per year, and at 12-monthly intervals confirm or modify the notification; and

(c)

give WorkSafe sufficient information to enable an inspector to contact the PCBU who directs the detonation and deflagration and the certified handler during normal business hours.

(3)

The PCBU who directs the carrying out of the detonation or deflagration must ensure that all persons not specifically authorised by a certified handler to be in the designated use zone are excluded, using the following methods:

(a)

information must be displayed that—

(i)

warns that a substance is being detonated and that entry is prohibited; and

(ii)

is visible from all points that are 5 m from the outer side of the perimeter of the designated use zone; and

(b)

1 minute before firing, a distinctive warning sound must be generated that is of sufficient volume to be heard throughout the zone, and at all points that are 5 m from the outer side of the perimeter of the zone, by a person with normal hearing; and

(c)

a visual check must be made of the zone immediately before firing to ensure that all people not directly involved with the firing have been excluded.

(4)

Subclauses (1)(b), (2), and (3) do not apply—

(a)

to any place if the quantity of class 1 substances being detonated or deflagrated in any one firing does not exceed the quantities for the relevant classifications specified in table 6 in Schedule 8:

(b)

to the use of a class 1 category G substance in a pyrotechnic or special effects display.

(5)

For substances of hazard classification 1.1 or 1.5, and for other class 1 substances in a quantity exceeding the quantities for the relevant classifications specified in table 6 in Schedule 8, the PCBU who directs the carrying out of the detonation or deflagration must not detonate or deflagrate a class 1 substance during the hours of darkness unless that person—

(a)

develops and documents procedures for the detonation or deflagration of those substances; and

(b)

obtains a compliance certificate to certify that those procedures meet the requirements of this regulation without natural lighting.

(6)

Where persons not specifically authorised are excluded from any designated use zone under the provisions of the Government Roading Powers Act 1989, compliance by the New Zealand Transport Agency with that agency’s Active Control Procedures for Avalanche Control is sufficient to meet the requirements of subclauses (2) and (3).

(7)

A PCBU who contravenes subclause (1), (3), (5), or (6) 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.

(8)

A PCBU who contravenes subclause (2) 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.

Compare: SR 2001/116 r 32

9.29 Additional duties of PCBU who directs detonation or deflagration of class 1 substance

(1)

A PCBU who directs the carrying out of the detonation or deflagration of a class 1 substance at any place within a workplace must ensure that—

(a)

any persons required to be at the place, whether for conducting the detonation or deflagration of such substances or for the making and recording of film and video special effects, are authorised by the PCBU; and

(b)

any class 1 substance is kept packaged until the point where the explosive charge is to be made up; and

(c)

any container from which any class 1 substance is being taken is closed as soon as the quantity needed to make up the explosive charge or charges for immediate use has been removed; and

(d)

the making up of any explosive charge is sufficiently segregated from any container holding class 1 substances so that unintended initiation of the charge could not cause a blast overpressure on the container exceeding 180 kPa; and

(e)

the system for firing an explosive charge is not readied to the point that only the 1 final action needs to be taken to fire the charge, until the requirements of regulation 9.28(3) have been complied with; and

(f)

the firing is monitored and any misfired charge is identified.

(2)

If a misfired charge is identified under subclause (1)(f), the PCBU who directs detonation or deflagration of the class 1 substance must—

(a)

ensure that no person approaches the misfired charge for 10 minutes in the case of an electrically fired charge or 60 minutes in the case of a charge fired by a fuse; and

(b)

safely dispose of the malfunctioning charge without undue delay in accordance with the Hazardous Substances (Disposal) Notice 2017 and advise the PCBU who directed the carrying out of the detonation or deflagration to maintain the requirements of regulation 9.28(3) until this has been completed.

(3)

If a thunderstorm approaches a place where a class 1 substance is being detonated or deflagrated,—

(a)

any handling or preparation of the class 1 substance for detonation or deflagration must cease; and

(b)

all persons must be evacuated to a distance in metres from any container holding a class 1 substance, and from any position where a class 1 substance is present for intended detonation or deflagration, of at least that calculated in accordance with the following formula:

D = 10 × NEQ1/3

where—

D

is the distance in metres

NEQ

(net quantity of class 1 substance) is the gross weight of the article less the weight of any construction materials of the article, in kilograms.

(4)

A PCBU who contravenes this regulation 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 33

9.30 Duty of PCBU to control adverse effects of intended detonation or deflagration

(1)

A PCBU with management or control of a class 1 substance must limit the quantity of any class 1 substances to be detonated or deflagrated at any place within a workplace, so as to ensure that—

(a)

no place where a person may legally be present is,—

(i)

for a vulnerable facility, subject to a blast overpressure more than 2 kPa, and for an area of high intensity land use, to a blast overpressure of more than 5 kPa; or

(ii)

for class 1 substances that have a fire hazard or a minor projection hazard (or both) but not a mass explosion hazard, within a distance described by the following formula:

D = 6.4Q1/3

where—

D

is distance in metres

Q

is quantity in kilograms; or

(iii)

subject to any hazardous fragment; and

(b)

no low-rise residential building outside the designated use zone is subject to a ground vibration leading to more than 10 mm per second peak particle velocity; and

(c)

no commercial or industrial building outside the designated use zone is subject to a ground vibration leading to more than 25 mm per second peak particle velocity; and

(d)

no other building for which WorkSafe has specified a lesser peak particle velocity limit is subject to a ground vibration of more than that peak particle velocity; and

(e)

no person authorised by the PCBU to be present in the place—

(i)

is subject to a blast overpressure more than 9 kPa; or

(ii)

for class 1 substances that have a fire hazard or a minor projection hazard (or both) but not a mass explosion hazard, is within a distance described by the following formula:

D = 4.3Q1/3

where—

D

is distance in metres

Q

is quantity in kilograms; or

(iii)

is subject to any hazardous fragment.

(2)

Despite the limits specified in subclause (1)(b), (c), and (d), the PCBU may calculate a variation to the specified limit that takes account of the frequency of ground vibration expected to result from the blast in accordance with Appendix J of AS 2187.2—2006—Explosives—Storage, transport and use, and undertake detonations in accordance with that limit provided the operating practice requirements of Appendix J5 of that standard are complied with.

(3)

Despite subclause (1)(e), an authorised person who is directly involved with the detonation or deflagration of a class 1 substance may be subject to a blast overpressure of up to 24 kPa, and for class 1 substances that have a fire hazard or a minor projection hazard (or both) but not a mass explosion hazard, a distance described by the formula, D = 3.2Q1/3 if—

(a)

the PCBU has obtained a compliance certificate to certify that, if the documented procedures are followed, those figures represent the highest levels of blast overpressure and fire hazard or minor projection hazard to which the person could be subject; and

(b)

the authorised person has accepted those figures in writing.

(4)

For the purposes of this regulation, peak particle velocity means the maximum velocity of ground particles resulting from a detonation and measured as described in Appendix J of AS 2187.2—2006—Explosives—Storage, transport and use, where the particle velocity is measured as the sum of the instantaneous components of particle velocity on the x, y, and z axes given by the following formula:

vp = (vx2 + vy2 + vz2)½

where v equals velocity.

(5)

A PCBU who contravenes this regulation 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 34

Subpart 4—Controls on indoor and outdoor pyrotechnic displays

Controls on outdoor pyrotechnic displays

9.31 PCBU who directs outdoor pyrotechnic display to ensure certifier handler in control of pyrotechnics

(1)

A PCBU who directs the carrying out of an outdoor pyrotechnic display that uses outdoor pyrotechnics or indoor pyrotechnics (but not retail fireworks) must ensure that a certified handler, who has an appropriate certificate of competency for conducting a display at the height planned, is personally in control of the pyrotechnics at all times except when a provision of this subpart allows or requires the pyrotechnics to be secured in another way.

(2)

A PCBU who contravenes this regulation 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 35

9.32 PCBU to establish discharge area and exclusion zone for outdoor pyrotechnic display

(1)

A PCBU who directs the carrying out of an outdoor pyrotechnic display that uses only outdoor pyrotechnics must establish—

(a)

a discharge area within which the substances are to be ignited, in accordance with regulation 9.33; and

(b)

an exclusion zone to receive any debris or malfunctioning pyrotechnics from the display, in accordance with regulation 9.34(1), (2), and (3).

(2)

A PCBU who contravenes this regulation 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 36

9.33 Requirements for discharge area

A PCBU who establishes a discharge area must ensure that the discharge area has a boundary that is at least—

(a)

30 m from any building, temporary structure, vehicle, ship, or aircraft, other than one that is—

(i)

used for staging the display; or

(ii)

of a construction that prevents, or is protected from being ignited by contact with, burning debris or ignited pyrotechnic material; and

(b)

250 m from any place where class 1 Category G substances that are not part of the display or any class 2, 3, 4, and 5 substances are present in quantities more than those specified in table 2 in Schedule 8; and

(c)

200 m from any place used for the purpose of housing people if the people cannot be evacuated without external assistance; and

(d)

200 m from any place containing captive animals; and

(e)

25 m from the outermost firing point for a class 1 category G substance.

Compare: SR 2001/116 r 37

9.34 Requirements for exclusion zone

(1)

A PCBU who establishes an exclusion zone must ensure that the exclusion zone has a minimum boundary that—

(a)

encompasses the discharge area for ground-level displays; and

(b)

for low-level displays, is 50 m from the outermost firing point in the discharge area; and

(c)

for high-level displays over 60 m,—

(i)

has a horizontal width, measured at right angles to the intended line of flight from either side of the most lateral points of firing for aerial shells from the discharge area, of at least the distance specified in table 3 in Schedule 8; and

(ii)

has a horizontal length, measured along the intended line of flight from the point of firing for aerial shells from the discharge area, of at least the distance specified in table 4 in Schedule 8.

(2)

Despite subclause (1), if a shell with a diameter of 300 mm or more is to be used in such an outdoor display, and if WorkSafe has specified distances more than those in tables 3 and 4 in Schedule 8 as sufficient to ensure that any debris or malfunctioning shells fall within the exclusion zone so defined, the exclusion zone may have those dimensions.

(3)

Despite subclause (1), if a shell to be used in the outdoor display has a diameter of less than 300 mm and a restricted burst pattern radius, and if WorkSafe has specified distances less than those in tables 3 and 4 in Schedule 8 for shells of that diameter but not less than twice the burst radius, the exclusion zone may have those dimensions.

(4)

The PCBU must have documented arrangements for excluding from the exclusion zone people, vehicles, boats, and aircraft not associated with the display.

(5)

The PCBU must control all exclusion zones so as to—

(a)

exclude persons, vehicles, boats, or aircraft not associated with the display; and

(b)

exclude class 2, 3, 4, and 5 substances unless they are protected so that they cannot be ignited by burning debris or ignited pyrotechnic material; and

(c)

treat or safeguard the ground and any vegetation so that a fire cannot spread more than 5 m from the point of ignition; and

(d)

provide the fire fighting capability specified by Fire and Emergency New Zealand.

(6)

A PCBU who contravenes subclause (4) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

(7)

A PCBU who contravenes subclause (5) 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 38

9.35 Notification and recording of outdoor pyrotechnic displays

(1)

A PCBU who directs the carrying out of an outdoor pyrotechnic display that uses only outdoor pyrotechnics must, at least 3 working days (or any shorter period allowed by WorkSafe in exceptional circumstances) before the first firing occurs,—

(a)

notify WorkSafe of the location where the display is to occur, the date of the display, and the time and number of firings; and

(b)

give WorkSafe sufficient information to enable an inspector to contact the PCBU who will direct the carrying out of the display and the certified handler during normal business hours.

(2)

The PCBU must obtain prior written agreement for the holding of the display from—

(a)

Fire and Emergency New Zealand; and

(b)

if the display involves firing to heights over 60 m, the agency responsible for air safety in the vicinity of the display.

(3)

If the display involves firing to heights over 60 m, the agreement of Fire and Emergency New Zealand must record that the documented procedures for the display will enable the PCBU to comply with the requirements of regulation 9.34(5)(c) and (d).

(4)

The PCBU must keep a record of the outdoor pyrotechnic display that includes—

(a)

a site plan of the discharge area and any exclusion zone; and

(b)

details of arrangements for identifying and securing the discharge area and exclusion zone; and

(c)

the name of the manufacturer of, and the size, type, and number of, pyrotechnic articles to be used; and

(d)

details of the positioning of firing points and mortar tubes and the methods of firing; and

(e)

the names and responsibilities of all authorised persons operating the display.

(5)

The record must—

(a)

be available for inspection by an inspector at least 3 working days before the display as far as it relates to the matters specified in subclause (4); and

(b)

be retained by the PCBU for at least 12 months after the display.

(6)

The PCBU must—

(a)

notify WorkSafe as soon as practicable after the display of any malfunctioning pryotechnics and any incidents of fire or injury; and

(b)

maintain a record of those incidents for a period of not less than 5 years after the display.

(7)

A PCBU who contravenes subclause (1), (2), or (6)(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.

(8)

A PCBU who contravenes subclause (4), (5), or (6)(b) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Compare: SR 2001/116 r 39

9.36 Compliance certificate for outdoor pyrotechnic displays

(1)

A PCBU who directs the carrying out of an outdoor pyrotechnic display that uses only outdoor pyrotechnics must obtain a compliance certificate at least 3 working days before the display to certify that the planning for the proposed display specifies the following:

(a)

that a certified handler has an appropriate certificate of competency for conducting a display that involves firing to the height planned:

(b)

that the boundary of a discharge area is as specified in regulation 9.33, and the boundary of the exclusion zone is as specified in regulation 9.34:

(c)

the requirements of regulation 9.38:

(d)

the number and type of pyrotechnic articles to be used in the display:

(e)

that the requirements of regulation 9.35(2), (3), and (4) have been met:

(f)

in the case of an aerial display that involves firing to heights over 60 m, the requirements of regulation 9.39(2)(a), (b), (d), (e), (f), and (i).

(2)

A PCBU who contravenes this regulation 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 40

9.37 Duties of PCBU within discharge area

(1)

A PCBU who directs the carrying out of an outdoor pyrotechnic display that uses only outdoor pyrotechnics must, in a discharge area established under regulations 9.32 and 9.33, ensure that—

(a)

the only class 1 substances in the area are those intended for use in the display; and

(b)

when not under the personal control of a certified handler, the substances are secured from access by unauthorised persons.

(2)

The PCBU must authorise and supervise the display operators and limit the number of display operators to those necessary to undertake the operation of the display.

(3)

The PCBU must, in addition to complying with regulation 15 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, ensure that all display operators present in the discharge area have—

(a)

body, head, and eye protection during the display sufficient to withstand a 100 g burning object for 2 seconds; and

(b)

sufficient hearing protection to ensure that they are subject to no more than 120 dB during the display.

(4)

The PCBU must also—

(a)

ensure that no person can be struck by any class 1 category G substance while firing that substance; and

(b)

ensure that the display operator monitors the firing; and

(c)

identify any malfunctioning class 1 category G substance; and

(d)

mark all firing points containing a malfunctioning class 1 category G substance; and

(e)

advise authorised persons of the presence of a malfunctioning class 1 category G substance; and

(f)

ensure that the malfunctioning class 1 category G substance is incapable of igniting before removing and disposing of it in accordance with the Hazardous Substances (Disposal) Notice 2017.

(5)

A PCBU who contravenes this regulation 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 41

9.38 Additional duties of PCBU who directs carrying out of outdoor pyrotechnic display

(1)

A PCBU who directs the carrying out of an outdoor pyrotechnic display that uses only outdoor pyrotechnics must ensure that—

(a)

the requirements of subclauses (2) to (4) are met from the time when any class 1 category G substance is brought into the discharge area until the display has been completed; and

(b)

any remaining class 1 category G substance has been either removed or disposed of in accordance with the Hazardous Substances (Disposal) Notice 2017.

(2)

The PCBU must ensure that any unfired class 1 category G substance does not come into contact with sparks or hot fragments unless the sparks or fragments are part of an intended ignition system.

(3)

The PCBU must ensure that there are no class 2, 3, 4, or 5 substances present in the discharge area unless those substances are protected in such a way that they cannot be ignited by—

(a)

burning debris or ignited pyrotechnic material generated as a result of the display; or

(b)

the heat able to be generated by the display in the discharge area.

(4)

The PCBU must ensure that the firing circuit of an electric ignition system—

(a)

is insulated from earth and has been tested to ensure continuity where the test current is less than 60 mA; and

(b)

is protected from stray electrical currents of more than 60 mA; and

(c)

satisfies the requirements for protection from electromagnetic radiation as specified in regulation 9.16; and

(d)

is arranged so that only a certified handler may initiate firing and so that each firing sequence requires a positive action.

(5)

If a thunderstorm approaches a discharge area,—

(a)

any handling or preparation of a class 1 category G substance must cease; and

(b)

all persons must be evacuated to a distance in metres from any container holding class 1 category G substances, and from any firing positions where class 1 category G substances are present, of at least that calculated in accordance with the following formula:

D = 10 × NEQ1/3

where—

D

is the distance in metres

NEQ

(net quantity of class 1 substance) is the gross weight of the article less the weight of any construction materials of the article, in kilograms.

(6)

A PCBU who contravenes this regulation 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 42

9.39 Additional duties of PCBU if display involves firing to heights over 60 m

(1)

This regulation applies to an outdoor pyrotechnic display that uses only outdoor pyrotechnics and involves the firing to a height of more than 60 m above an exclusion zone of aerial shells, salutes, rockets, or other pyrotechnics classified in category G of class 1.1, 1.2, or 1.3.

(2)

A PCBU who directs the carrying out of the display and who is in control of the firing of the aerial shells, salutes, or rockets must ensure that—

(a)

a mortar tube made of metal or PVC is not used; and

(b)

any type of mortar tube used in the display has, prior to use, been designed and tested for—

(i)

the aerial shell with which it is to be used; and

(ii)

its ability to guide that aerial shell along any predetermined path; and

(iii)

its ability to withstand the ignition of an upside-down shell within the mortar tube without producing any hazardous fragments; and

(c)

any mortar tube used in the display has the shell size for which the tube is designed marked on the tube in a manner that is clearly legible and can be read from a distance of not less than 3 m; and

(d)

the aerial shells do not have contact with liquid water, and prior to loading, the inside of the mortar tubes are free from liquid water and remain so until fired or unloaded; and

(e)

the pyrotechnic effect of the aerial shells, salutes, or rockets is generated only after the article reaches a height more than 60 m above the exclusion zone; and

(f)

the aerial shells, salutes, or rockets follow the line of flight used to set the exclusion zone, and that line of flight is not less than 8 m from any overhead object; and

(g)

no aerial shell, salute, or rocket crosses over or bursts above any area occupied by people or buildings; and

(h)

any burning fragment or malfunctioning aerial shell, salute, or rocket falls into the exclusion zone or in the discharge area; and

(i)

all firing of class 1 category G substances ceases if—

(i)

the wind speed within the discharge area exceeds 30 km/h; or

(ii)

any burning fragment more than 10 g from the firing falls outside the exclusion zone; and

(j)

where the reloading of a mortar tube for firing an aerial shell is required, the aerial shell is of the size marked on the mortar tube.

(3)

A PCBU who directs the carrying out of the display and who is in control of the firing of pyrotechnics other than aerial shells, salutes, and rockets must ensure compliance with subclause (2) to the extent applicable to those pyrotechnics.

(4)

A PCBU who contravenes this regulation 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 43

9.40 Outdoor pyrotechnic display using only indoor pyrotechnics

(1)

A PCBU who directs the carrying out of an outdoor pyrotechnic display that uses only indoor pyrotechnics must ensure that this regulation is complied with.

(2)

Regulations 9.42 and 9.43 apply in relation to the display and the indoor pyrotechnics as if the display were an indoor display.

(3)

Regulation 9.34(5)(c) applies in relation to the display and the indoor pyrotechnics, but the rest of regulations 9.31 to 9.39 do not apply.

(4)

A PCBU who contravenes this regulation by failing to comply with a requirement in regulation 9.42(1)(b) or (2) 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 this regulation in any other way 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 43A

9.41 Outdoor pyrotechnic display using both indoor pyrotechnics and outdoor pyrotechnics

(1)

A PCBU who directs the carrying out of an outdoor pyrotechnic display using both indoor and outdoor pyrotechnics must ensure that this regulation is complied with.

(2)

Regulations 9.31, 9.34(5)(c) and (d), and 9.35 to 9.39 apply in relation to the entire display and both the indoor pyrotechnics and the outdoor pyrotechnics.

(3)

Regulations 9.32 and 9.33 and the rest of regulation 9.34 apply only in relation to the outdoor pyrotechnics.

(4)

However, regulation 9.36 applies under subclause (2) as if—

(a)

regulation 9.36(1)(b) also referred to the boundary of an exclusion zone as specified in regulation 9.43(2)(d); and

(b)

regulation 9.36 included a paragraph that refers to the requirements of regulation 9.43(4)(b).

(5)

Regulation 9.43(2)(c) and (d) and (4)(a) and (b) apply in relation to the indoor pyrotechnics as if the display were an indoor display.

(6)

A PCBU who contravenes this regulation 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 43B

Controls on indoor pyrotechnic displays

9.42 Duty of PCBU who directs carrying out of indoor pyrotechnic displays using class 1 category G substances

(1)

Before commencing an indoor pyrotechnic display that uses class 1 category G substances, the PCBU who directs the carrying out of the display must—

(a)

ensure that a certified handler is personally in control of the substances; and

(b)

at least 3 working days before the display occurs,—

(i)

notify WorkSafe of the location where the display is to occur, the date of the display, and the time and number of firings; and

(ii)

give WorkSafe sufficient information to enable an inspector to contact the PCBU and the certified handler during normal business hours; and

(c)

ensure that the requirements for indoor pyrotechnic displays set out in regulation 9.43 are complied with.

(2)

The PCBU who directs the carrying out of the display must also—

(a)

obtain prior written agreement for the holding of the display from Fire and Emergency New Zealand; and

(b)

provide any fire-fighting capability specified by Fire and Emergency New Zealand in addition to that required by regulation 9.43(4)(c).

(3)

A PCBU who contravenes subclause (1)(a) or (c) 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.

(4)

A PCBU who contravenes subclause (1)(b) or (2) 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.

Compare: SR 2001/116 r 44

9.43 Duty of PCBU who directs carrying out of indoor pyrotechnic display using class 1 category G substances

(1)

At any indoor pyrotechnic display using class 1 category G substances, the PCBU who directs the carrying out of the display must—

(a)

authorise the display operators and limit the number of display operators to those necessary to undertake the operation of the display; and

(b)

supervise all such operators; and

(c)

secure all class 1 category G pyrotechnic substances so as to comply with regulation 9.19(2).

(2)

In preparing for the indoor pyrotechnic display, the PCBU must—

(a)

use only those class 1 category G substances designed for indoor use that—

(i)

contain no more than a trace of antimony, arsenic, cadmium, chromium, lead, mercury, nickel, selenium, or zinc, or their compounds; and

(ii)

have a height and duration of operation and a radius within which any burning or burnt material may be expected to fall that are specified by the manufacturer; and

(b)

if the indoor display is fired by an electrical current,—

(i)

protect the firing circuit against being disturbed by any associated activities; and

(ii)

test the firing circuit before firing (by applying a test current of not more than 60 mA) to ensure electrical continuity; and

(iii)

arrange the firing circuit so that a positive action is required before firing is initiated, and only a certified handler or a person acting under the certified handler’s direct supervision can initiate firing; and

(c)

test examples of all the class 1 category G pyrotechnic substances intended to be used in the display with only display operators and performers authorised by the PCBU present at the testing; and

(d)

establish exclusion zones around the firing points within which any burning material must fall, based on the fallout radius specified in paragraph (a)(ii) and any test firing for the class 1 category G pyrotechnic substances to be fired.

(3)

In relation to the planning and recording of the indoor pyrotechnic display, the PCBU must—

(a)

have a display plan available for inspection by an inspector at least 3 working days before the firing that—

(i)

specifies the number and type of devices to be used; and

(ii)

has a diagram of the indoor area showing firing points, the exclusion zone, the position of the audience, the location of the secure container holding the class 1 category G pyrotechnic substances, and the location of the area for preparing any class 1 category G pyrotechnic devices; and

(iii)

specifies the names and responsibilities of the display operators authorised by the PCBU; and

(b)

record any malfunctioning class 1 category G pyrotechnic substances and any incidents of fire or injury; and

(c)

retain the display plan and records for at least 12 months after the display.

(4)

During the display, the PCBU must—

(a)

ensure that the distance to any member of an audience is a minimum of twice the greatest distance from the firing point to the boundary of the exclusion zone; and

(b)

ensure that any combustible material in the exclusion zone is sufficiently fire resistant to withstand contact with a 10 g mass burning object of a type likely to be generated by the display; and

(c)

provide a portable fire extinguisher that—

(i)

is located so that a person authorised by the PCBU is able to obtain the extinguisher and hold it ready for use within 10 seconds; and

(ii)

has a class A classification in accordance with AS/NZS 1850:2009—Portable fire extinguishers—Classification, rating and performance testing.

(5)

The PCBU who directs the carrying out of the display must ensure that all pyrotechnic articles and class 1 category G substances are removed at the end of the display or any performance involving a display.

(6)

A PCBU who contravenes this regulation 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 45

Subpart 5—Transfer and transportation of class 1 substances

Transfer

9.44 PCBU who directs transfer from one type of transport to another to establish designated transfer zone

(1)

At any place in a workplace where the transfer of class 1 substances from one type of transport to another occurs, the PCBU with management or control of the workplace must—

(a)

establish a designated transfer zone that fully contains all vehicles, ships, aircraft, or other forms of transport involved in the transfer operation; and

(b)

where regulation 9.3 requires a class 1 substance to be under the personal control of a certified handler, ensure that there is a certified handler personally in control of the substances being transferred.

(2)

The PCBU must—

(a)

display signage warning of the danger from the presence of a class 1 substance; and

(b)

ensure that the signage meets the requirements of regulation 2.6 and is visible from points of access to the designated transfer zone.

(3)

The requirements of this regulation do not apply to the transfer of—

(a)

class 1 substances if the amount of class 1 substances present does not exceed the quantities for the relevant classifications specified in table 6 in Schedule 8; or

(b)

safety ammunition.

(4)

The PCBU must ensure that containers containing class 1 substances held within a designated transfer zone are separated from other hazardous substances by a distance of not less than 15 m.

(5)

A PCBU who contravenes subclause (1) or (4) 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.

(6)

A PCBU who contravenes subclause (2) 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.

Compare: SR 2001/116 r 46

9.45 PCBU who directs transfer to ensure emergency management

(1)

The requirements of subpart 2 of Part 5 apply to a designated transfer zone in which class 1 hazardous substances specified in the first column of the table in Schedule 5 and in a form specified in the second column of that table are at any time present or likely to be present in an aggregate quantity that is greater than the relevant quantity specified in the third column of that table.

(2)

A PCBU who directs the transfer of class 1 substances located in a designated transfer zone must ensure that the emergency planning requirements imposed by subpart 2 of Part 5 on a PCBU with management or control of a workplace are met in the designated transfer zone during the time that class 1 substances (except retail fireworks or safety ammunition) are present in the zone.

(3)

A PCBU who contravenes subclause (2) 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 47

9.46 Duties of PCBU with management or control of class 1 substances at designated transfer zone

(1)

A PCBU with management or control of a workplace in which class 1 substances are being transferred within a designated transfer zone (other than a transfer operation involving only retail fireworks or safety ammunition) must—

(a)

exclude from the zone all persons not under direct supervision; and

(b)

exclude all persons not necessary for the management or performance of the transfer operation.

(2)

The PCBU must also—

(a)

establish and have available for inspection documented procedures for the implementation of the requirements of regulations 9.11 to 9.14 and 9.16; and

(b)

ensure that the documentation is able to be readily located by the people involved in the transfer operation.

(3)

The PCBU must also—

(a)

ensure that the time during which any class 1 substance is present in the designated transfer zone is minimised; and

(b)

ensure in every case that the time during which any class 1 substance is present in the designated transfer zone is less than 8 hours (or less than 24 hours for substances of class 1.4C, 1.4E, 1.4G, or 1.4S).

(4)

If a thunderstorm approaches the designated transfer zone, the PCBU must ensure that—

(a)

any loading or unloading of a class 1 substance ceases, and any packages of class 1 substances are returned to one or the other means of transport and enclosed; and

(b)

all persons are evacuated to a distance in metres from any transport container for holding class 1 substances, and from any means of transport holding class 1 substances, of at least that calculated in accordance with the following formula:

D = 10 × NEQ1/3

where—

D

is the distance in metres

NEQ

(net quantity of class 1 substance) is the gross weight of the article less the weight of any construction materials of the article, in kilograms.

(5)

This regulation does not apply to a transfer operation involving only retail fireworks or safety ammunition.

(6)

A PCBU who contravenes subclause (1), (3), or (4) 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.

(7)

A PCBU who contravenes subclause (2) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Compare: SR 2001/116 r 48

9.47 Requirements for substance quantity limits within designated transfer zones

(1)

A PCBU with management or control of class 1 substances in a designated transfer zone must manage all class 1 substances present (other than retail fireworks or safety ammunition) within the zone so that, if there is an unintended initiation of any or all of the class 1 substances, any place where a person may legally be present outside the zone is not,—

(a)

if the class 1 substance is held in a special-purpose transport container of equivalent strength to a standard ISO transport container of 6 m in length and approximately 2.6 m in height,—

(i)

subject to a blast overpressure more than 24 kPa; or

(ii)

for class 1 substances that have a fire hazard or a minor projection hazard (or both) but not a mass explosion hazard, within a distance described by the following formula:

D = 3.2Q1/3

where—

D

is distance in metres

Q

is quantity in kilograms; or

(iii)

subject to more than 3 hazardous fragments per 60 m2 of surface area; or

(b)

if the class 1 substance is not held in a special-purpose transport container of equivalent strength to a standard ISO transport container of 6 m in length and approximately 2.6 m in height,—

(i)

subject to a blast overpressure of 9 kPa; or

(ii)

for class 1 substances that have a fire hazard or minor projection hazard (or both) but not a mass explosion hazard, within a distance described by the following formula:

D = 4.3Q1/3

where—

D

is distance in metres

Q

is quantity in kilograms; or

(iii)

2 hazardous fragments per 60 m2 of surface area.

(2)

The designated transfer zone complies with subclause (1) if—

(a)

the total quantity and type of class 1 substances are limited to meet the requirements of subclause (1) at the boundary of the designated transfer zone; or

(b)

the distances between the class 1 substances and the boundary of the designated transfer zone are set to meet the requirements of subclause (1); or

(c)

the PCBU with management or control of class 1 substances in the designated transfer zone complies with requirements in a relevant safe work instrument.

(3)

A PCBU who contravenes this regulation 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 49

Transportation

9.48 Requirements for transportation by road or rail of class 1 substances

(1)

A PCBU who directs the transportation of a class 1 substance on public roads or by rail must ensure that, during transportation,—

(a)

the substance is—

(i)

under the personal control of a certified handler; or

(ii)

secured in a way that ensures that persons not authorised by the PCBU cannot gain access to it; and

(b)

the requirements of regulations 9.11 to 9.13 and 9.17 are met by the vehicle or rail wagon itself and by any arrangements for stowing the class 1 substances in the vehicle or train; and

(c)

in addition to the requirements relating to fire extinguishers specified in Schedule 4, a 9-litre foam fire extinguisher is present on the vehicle or train; and

(d)

only persons necessary for the transportation or implementation of emergency procedures are in the vehicle, but when quantities of more than 250 kg (gross weight) of substances in class 1.1, 1.2, 1.3, or 1.5 are carried in a vehicle, a minimum of 2 persons are present; and

(e)

the maximum quantity of class 1 substances on a vehicle or rail wagon is within the safe load limit for that vehicle or rail wagon, but where the substances are transported in a special-purpose transport container, the quantity is not more than the quantity that can be contained in 1 standard ISO transport container of 6 m in length and approximately 2.6 m in height; and

(f)

there are separation distances between—

(i)

vehicles in convoy carrying class 1 substances; or

(ii)

rail wagons on the same train carrying class 1 substances,—

so that any unintended detonation or deflagration in 1 vehicle or rail wagon cannot transmit more than the pressure shock specified in regulation 9.11 to any following or preceding vehicle or rail wagon carrying class 1 substances; and

(g)

each driver of any vehicle in convoy carrying class 1 substances is orally instructed as to the separation distance and provided with a written copy of the separation distance.

(2)

A driver of a vehicle in convoy carrying class 1 substances on public roads must maintain the separation distance required by subclause (1)(f) until the vehicle reaches its intended destination.

(3)

A person must not, in any circumstances, transport a class 1.1A substance on a public road or by rail.

(4)

This regulation and regulation 9.50 do not apply to the transportation of any class 1 (other than class 1.1A) substance in a quantity equal to or less than the quantities specified for the relevant classification in table 6 in Schedule 8.

(5)

A PCBU who contravenes subclause (1) 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.

(6)

A person who contravenes subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(7)

A person who contravenes subclause (3) 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 51

9.49 Sufficient compliance with regulation 9.48(1)(b)

The requirements of regulation 9.48(1)(b) are sufficiently met if,—

(a)

in vehicles carrying more than 50 kg (gross weight) of substances in class 1.1B or 1.2B, or more than 250 kg (gross weight) of substances in class 1.1 (other than 1.1B), 1.2 (other than 1.2B), or 1.3,—

(i)

the whole of the exhaust pipe, and the fuel tank containing fuels with a flash point less than 60ºC, is separated from the class 1 substances by a fire-resistant screen; and

(ii)

the underside of the tray holding the class 1 substances and the area at the front of the tray facing the cab is covered with 1.5 millimetre iron sheet, or the cab itself is of fire-resistant construction; and

(iii)

the tray is constructed of material unable to generate a spark and is enclosed:

(b)

in vehicles carrying more than 250 kg (gross weight) of substances in class 1.1B or 1.2B, or more than 2 000 kg (gross weight) of substances in class 1.1 (other than 1.1B), 1.2 (other than 1.2B), or 1.3, in addition to the requirements applicable under paragraph (a),—

(i)

the substances are contained in a standard ISO transport container that is fixed to the vehicle by locked twist locks; or

(ii)

the substances are enclosed in a solid walled vehicle with a locked door.

Compare: SR 2001/116 r 51A

9.50 Requirements to be met during interruptions of transportation

(1)

A PCBU who directs the transportation of a class 1 substance must not stop during transportation, except as a result of an accident, incident, or emergency, or urgent refuelling, or as required under the Land Transport Act 1998 or any regulations or rules made under that Act.

(2)

If a road vehicle transporting a class 1 substance is stopped for any reason,—

(a)

the duration of the stop must be minimised; and

(b)

during the stop, the substance must be managed by means of an emergency response plan prepared and implemented in accordance with subpart 2 of Part 5 as if the vehicle were a place within a workplace for the purposes of regulation 5.6.

(3)

This regulation does not limit or otherwise affect the provisions of the Land Transport Act 1998, or any regulations or rules made under that Act, and those provisions prevail in the event of any inconsistency between them and this regulation.

(4)

A PCBU who contravenes this regulation 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 52

9.51 Exemptions from transportation requirements for certain substances

Regulations 9.48 and 9.50 do not apply to the following substances:

(a)

safety ammunition, including pre-primed cartridges and primers, of class 1.4S:

(b)

airbag initiators and seatbelt pretensioners of class 1.4G or 1.4S:

(c)

cable cutters of class 1.4S (UN 0070):

(d)

power device cartridges of class 1.4S (UN 0323):

(e)

signal tubes or shock tubes of class 1.4S (UN 0349):

(f)

cassette degradation devices of class 1.4S (UN 0432):

(g)

retail fireworks and small arms ammunition.

Compare: SR 2001/116 r 52A

Part 10 Class 2, 3, and 4 substances

10.1 Interpretation

In this Part, unless the context otherwise requires,—

AS/NZS 1020:1995 means the standard on The control of undesirable static electricity

AS/NZS 5026:2012 means the standard on The storage and handling of Class 4 dangerous goods

AS/NZS 5149:2016 means the standard on Refrigeration systems and heat pumps — Safety and environmental requirements (Parts 1 to 4)

AS/NZS 60079.10.1:2009 means the standard on Explosive atmospheres—Part 10.1: Classification of areas—Explosive gas atmospheres (IEC 60079–10–1)

AS/NZS 60079.14:2009 means the standard on Explosive atmospheres—Part 14: Electrical installations design, selection and erection (IEC 66079–14)

auto-ignition temperature, in relation to any class 2.1.1, 2.1.2, or 3.1 substance, means the minimum temperature at which a mixture of flammable vapour and air, or gas and air, is marginally self-igniting when tested in accordance with—

(a)

ASTM E659—14—Standard test method for autoignition temperature of liquid chemicals; or

(b)

AS/NZS 60079.20.1:2012—Explosive atmospheres—Part 20.1—Material characteristics for gas and vapour classification—Test methods and data

compatible, in relation to a class 2, 3, or 4 substance or material, means that, in the absence of an ignition source—

(a)

the substance or material is chemically inert in relation to another class 2, 3, or 4 substance for the range of temperatures and pressures at which the substances are brought into contact; or

(b)

if the substance or material does react with the other class 2, 3, or 4 substance, it does so in a way that does not cause or contribute to a fire or explosion; or

(c)

when the substance or material is mixed with another class 2, 3, or 4 substance, it does not lead to a substance of a different hazardous property, or type or degree of hazard; or

(d)

the substance or material is not listed as incompatible in table 1 in Schedule 9

LEL means lower explosive limit, being the concentration of flammable gas, vapour, or mist in standard air, below which an explosive gas atmosphere will not be formed at 20°C and at 101.3 kPa absolute pressure

mixture of vapour or gas and air means a mixture of flammable vapour and air, or gas and air

NZS 5263:2003 means the standard on Gas detection and odorization

revised auto-ignition temperature means the minimum temperature required to ignite a mixture of flammable gas, vapour, or mist in an atmosphere containing a different proportion of oxygen than standard air, when that mixture is within a flammable range

revised minimum ignition energy means the minimum amount of ignition energy required to ignite a mixture of flammable gas, vapour, or mist in an atmosphere containing a different proportion of oxygen than standard air, when that mixture is within a flammable range

RLEL(O) means revised lower explosive limit, being the concentration of flammable gas, vapour, or mist in an atmosphere containing a different proportion of oxygen than standard air, below which an explosive gas atmosphere will not be formed

RUEL(O) means revised upper explosive limit, being the concentration of flammable gas, vapour, or mist in an atmosphere containing a different proportion of oxygen than standard air, above which an explosive gas atmosphere will not be formed

standard air means air containing 20.9% oxygen (by volume)

UEL means upper explosive limit, being the concentration of flammable gas, vapour, or mist in standard air, above which an explosive gas atmosphere will not be formed.

Compare: SR 2001/116 r 54

10.2 Anhydrous ammonia

This Part does not apply to anhydrous ammonia that is contained in plant in which anhydrous ammonia is used as a refrigerant.

10.3 General controls on class 2, 3, and 4 substances

(1)

A PCBU with management or control of a class 2, 3, or 4 substance must ensure that the substance is held at a hazardous substance location or at a transit depot if the quantity exceeds that specified in table 4 in Schedule 9 for the substance for more than—

(a)

2 hours, in the case of a substance that is subject to the tracking provisions of Part 19:

(b)

24 hours, in the case of a substance that is not subject to the tracking provisions of Part 19.

(2)

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

(3)

A PCBU who contravenes this regulation 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 55

10.4 Substances that must be secured

(1)

A PCBU with management or control of a class 2, 3, or 4 substance in a quantity specified in table 2 in Schedule 9 must ensure that the substance, if left unattended, is—

(a)

secured to the standard of security specified in regulation 10.24(1), in the case of a class 4.1.2A, 4.1.2B, 4.1.2C, or 4.1.2D substance; or

(b)

appropriately secured from access by persons other than those permitted by the PCBU to access the substance, in the case of any other class 2, 3, or 4 substance.

(2)

A PCBU who contravenes subclause (1) 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.

10.5 Requirement to segregate class 2, 3, and 4 substances

(1)

Except where the ignition of the substance is intended, a PCBU with management or control of work using a class 2, 3, or 4 substance must ensure that—

(a)

the substance is not in contact with any substance or material with which it is incompatible; and

(b)

containers of incompatible substances are stored separately.

(2)

For the purposes of this regulation, a class 2, 3, or 4 substance is incompatible with a class 1, 2, 3, 4, 5, 6, or 8 substance as set out in table 1 in Schedule 9.

(3)

A PCBU who contravenes this regulation 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 76

Subpart 1—Controls on class 2.1.1, 2.1.2, and 3.1 substances

10.6 Duty of PCBU to establish hazardous area

(1)

A PCBU with management or control of work using a class 2.1.1A, 2.1.1B, 2.1.2A, 3.1A, 3.1B, or 3.1C substance at a place within a workplace must ensure that a hazardous area is established at the place that complies with—

(a)

AS/NZS 60079.10.1:2009, if the threshold quantity in that standard for a particular substance is met; or

(b)

a relevant safe work instrument that specifies hazardous areas and takes into account the risk of the presence of flammable materials.

(2)

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

(3)

A PCBU who contravenes this regulation 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 58

10.7 Application of other legislation to electrical systems located in hazardous areas

(1)

If any electrical installation or any electrical appliance within the scope of the Electricity (Safety) Regulations 2010 is located within a hazardous area referred to in regulation 10.6, the controls imposed on that installation or appliance under the Act are the same controls as are included in those parts of the Electricity Act 1992, and regulations, codes, and standards made or recognised under that Act, that relate to hazardous areas as defined in regulation 4(1) of the Electricity (Safety) Regulations 2010.

(2)

If electrical equipment is installed on a ship, vessel, or boat (other than a pleasure vessel containing connectible installations), the controls imposed on that electrical equipment under the Act are the same controls as are included in those parts of the Maritime Rules made under the Maritime Transport Act 1994 that relate to hazardous areas.

(3)

If electrical equipment is installed on any train, locomotive, tram, or trolley bus, the controls imposed on that electrical equipment under the Act are the same controls as are included in those parts of the Land Transport Act 1998, and regulations or rules made under that Act, that relate to hazardous areas.

(4)

If any electrical equipment is installed on an aircraft that is under the jurisdiction of the Civil Aviation Rules, the controls imposed on that electrical equipment under the Act are the same controls as are included in those parts of the Civil Aviation Rules that relate to hazardous areas.

(5)

If any electrical equipment is used within a hazardous area referred to in regulation 10.6 around an aircraft but is not installed on the aircraft, the controls imposed on that electrical equipment under the Act are the same controls as are included in those parts of the Electricity Act 1992, and regulations, codes, and standards made or recognised under that Act, that relate to hazardous areas.

(6)

For the purposes of subclause (1), electrical appliance and electrical installation have the same meanings as in section 2(1) of the Electricity Act 1992.

Compare: SR 2001/116 r 59

10.8 Duty of PCBU to reduce likelihood of unintended ignition of class 2.1.1, 2.1.2, and 3.1 substances

(1)

Unless a class 2.1.1, 2.1.2, or 3.1 substance is intentionally burned, in circumstances where any air or oxygen is present with such a substance a PCBU with management or control of work using the substance must—

(a)

elect to manage the substance under the sets of conditions specified in any one of regulations 10.11, 10.13, 10.15, 10.17, and 10.19; and

(b)

where regulation 10.11 is elected, manage the substance under the conditions specified—

(i)

in subclause (3), (4), or (5) of that regulation for a substance in a hazardous area:

(ii)

in subclause (6) of that regulation for a substance that is not in a hazardous area; and

(c)

where regulation 10.13 is elected, manage the substance under the conditions specified in either subclause (3) or (4) of that regulation; and

(d)

where regulation 10.15 is elected, manage the substance under the conditions specified in either subclause (3) or (4) of that regulation; and

(e)

ensure that the requirements of the chosen regulation are complied with in full; and

(f)

record which regulation the substance is being managed under, and have that record available for inspection.

(2)

A PCBU who contravenes subclause (1)(a) to (e) 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.

(3)

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

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Compare: SR 2001/116 r 60

10.9 Requirement to use odorant or alternative means of leak detection

(1)

Despite regulation 10.8, a PCBU with management or control of a workplace where LPG, propane, butane, or isobutane is located must ensure that the substance is—

(a)

odorised in accordance with NZS 5263:2003; or

(b)

odorised in accordance with a relevant safe work instrument; or

(c)

kept in a place that has a flammable vapour detection system (an FVD system) that complies with subclauses (2) to (5); or

(d)

kept in a place that is managed in accordance with a relevant safe work instrument and that sets out an alternative means of leak detection.

(2)

An FVD system must have at least 4 permanently mounted continuously operating detection heads, in locations that will enable the detection heads to detect the presence of escaped gas.

(3)

An FVD system must activate whenever any of the substances specified in subclause (1) are present in the atmosphere at a concentration of 20% or more of the LEL of that substance.

(4)

If activated, an FVD system must—

(a)

trigger an automatic alarm that produces a sound of not less than 105 decibels and gives a visual signal; and

(b)

cause an immediate shutdown of the gas supply; and

(c)

require any gas supply that is shut down to be reset manually before recommencing supply.

(5)

An FVD system must be tested and recalibrated at least every 6 months.

(6)

Subclauses (1) to (5) do not apply to a PCBU involved in the manufacture of LPG, propane, butane, or isobutane in relation to the manufacturing process.

(7)

A PCBU who contravenes this regulation 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.

10.10 Requirements for refrigeration systems containing LPG, propane, butane, isobutane, or other flammable refrigerant

(1)

A PCBU with management or control of a refrigeration system that contains LPG, propane, butane, isobutane, or other flammable refrigerant as an integral part of that refrigeration system must ensure that the quantity and the means of containing the LPG, propane, butane, isobutane, or other flammable refrigerant comply with—

(a)

section 2.6 of AS/NZS 5149:2016; or

(b)

a relevant safe work instrument that sets out the requirements for containing LPG, propane, butane, isobutane, or other flammable refrigerant in a refrigeration system.

(2)

Subclause (1) does not apply to domestic refrigerators, domestic heat pumps, or room air conditioners.

(3)

A PCBU who contravenes this regulation 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.

10.11 Circumstances involving control of ignition sources available to class 2.1.1, 2.1.2, and 3.1 substances

(1)

A PCBU who elects under regulation 10.8 to manage under this regulation a class 2.1.1, 2.1.2, or 3.1 substance by controlling ignition sources (but not the proportion of flammable vapour or gas to air) must ensure that in any place within a workplace where the substance is located the requirements of this regulation are met.

(2)

Where a class 2.1.1, 2.1.2, or 3.1 substance is within any hazardous area,—

(a)

the temperature of the substance and the temperature of any surface in contact with the substance must not exceed 80% of the auto-ignition temperature in degrees Celsius for that substance; and

(b)

any permanently fixed equipment or container or part of any such equipment or container must be effectively electrically bonded and earthed so that the maximum resistance to earth is—

(i)

1 MΩ, for components that have an electrical resistance equal to or more than 1 MΩ; and

(ii)

10 Ω, for components that have an electrical resistance of between 10 Ω and 1 MΩ; and

(c)

the substance must be managed under 1 of the 3 sets of conditions set out in subclauses (3), (4), and (5).

Set of conditions 1

(3)

In this set of conditions, there must be no ignition source present unless it can be shown that any release of spark energy would transfer to the mixture of vapour or gas and air less than 10% of the minimum ignition energy of the substance in air.

Set of conditions 2

(4)

In this set of conditions, there must be no ignition source present unless it can be shown that any release of spark energy would transfer to the mixture of vapour or gas and air less than 25% of the minimum ignition energy of the substance in air.

Set of conditions 3

(5)

In this set of conditions, in any situation except situations covered by regulation 10.7, any ignition source located in a hazardous area must be protected in such a way that, in the circumstances in which it is installed (including the presence of dust and particulate matter), it cannot ignite any mixture of vapour or gas and air formed from the substances present.

(6)

At any place where the quantity of class 2.1.1, 2.1.2, or 3.1 substances present is not sufficient to require the establishment of a hazardous area but where—

(a)

the concentration of vapour or gas may exceed 25% of the LEL; and

(b)

flammable gases or liquids are present in quantities more than 10% of that required to trigger the hazardous area requirements,—

then the following requirements apply:

(c)

there must be no ignition source present unless it can be shown that any release of spark energy would transfer to the mixture of vapour or gas and air less than 10% of the minimum ignition energy of the substance in air; and

(d)

the temperature of the substance, or the temperature of any surface in contact with the substance, must not exceed 80% of the auto-ignition temperature for that substance.

(7)

Subclauses (3), (4), and (5) do not apply to a vehicle, a ship, or an aircraft at the dispensing unit of a refuelling outlet if, when petrol, aviation gasoline, racing gasoline, or LPG is being delivered to the fuel tank of the vehicle, ship, or aircraft,—

(a)

the engine of the vehicle, ship, or aircraft is turned off; and

(b)

no source of ignition is brought within 3 m of the fuel tank of the vehicle, ship, or aircraft.

(8)

Despite subclause (7), a ship or an aircraft that is being refuelled with class 3.1C or 3.1D substances may have its engines operating if no source of ignition is within the hazardous area.

(9)

A PCBU with management or control of any aircraft that is being refuelled must, in addition to complying with subclause (7) or (8), also comply with the requirements of the Civil Aviation Rules relating to refuelling of aircraft.

(10)

A PCBU who contravenes this regulation 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 61

10.12 Methods of complying with regulation 10.11

(1)

In the case of an electrical ignition source, compliance with one of, or where applicable a combination of, the explosion-protection techniques listed in AS/NZ 60079.14:2009 meets the requirements of regulation 10.11(5).

(2)

The requirements of regulation 10.11(2)(a) are met if—

(a)

there is compliance with table 1 of AS/NZS 60079.14:2009 relating to the matters described in regulation 10.11(2)(a); or

(b)

any equipment and any surface in contact with the substance conform to the temperatures specified in table 5 in Schedule 9 and the temperature of the substance is kept below 40°C.

(3)

Compliance with AS/NZS 1020:1995 is a means of meeting the requirement of regulation 10.11(2)(b) for the dissipation of static electricity from components that have an electrical resistance of between 10 Ω and 1 MΩ.

Compare: SR 2001/116 r 62

10.13 Circumstances involving control of both proportion of vapour or gas to air and amount of energy available

(1)

A PCBU who elects under regulation 10.8 to manage under this regulation a class 2.1.1, 2.1.2, or 3.1 substance by controlling both the proportion of flammable vapour or flammable gas to air and the amount of energy available must ensure that in any place within a workplace where the substance is located the requirements of this regulation are met.

(2)

A class 2.1.1, 2.1.2, or 3.1 substance must be managed under one of the 2 sets of conditions set out in subclauses (3) and (4).

Set of conditions 1

(3)

In this set of conditions,—

(a)

the proportion of flammable vapour or flammable gas to air at all times must be less than 25% of the LEL or more than 4 times the UEL; and

(b)

either—

(i)

there must be no ignition source present unless it can be shown that any release of spark energy would transfer to the mixture of vapour or gas and air less than 25% of the minimum ignition energy of the substance in air; or

(ii)

in any situation except situations covered by regulation 10.7, any ignition source located in an area where flammable vapour or gas is present at more than 10% of the LEL must be protected in such a way that, in the circumstances in which it is installed (including the presence of dust and particulate matter), it cannot ignite any mixture of vapour or gas and air formed from the substances present; and

(c)

there must be a system in place to continuously monitor and control the concentration of vapours to meet the requirements of paragraphs (a) and (b).

Set of conditions 2

(4)

In this set of conditions,—

(a)

the proportion of flammable vapour to air must at all times be less than 50% of the LEL; and

(b)

there must be a system in place to continuously monitor and control the concentration of vapour to meet the requirements of paragraph (a); and

(c)

a PCBU who manages substances with flammable properties according to this subclause must operate in accordance with any relevant safe work instrument as well as the requirements of this subclause; and

(d)

either—

(i)

there must be no ignition source present unless—

(A)

it can be shown that any release of spark energy would transfer to the mixture of vapour or gas and air less than 50% of the minimum ignition energy of the substance in air; and

(B)

there is a system in place to continuously monitor and control the amount of ignition energy present to meet the requirements of this subclause; or

(ii)

in any situation except situations covered by regulation 10.7, any ignition source located in an area where flammable vapour or gas is present at more than 10% of the LEL must be protected in such a way that, in the circumstances in which it is installed (including the presence of dust and particulate matter), it cannot ignite any mixture of vapour or gas and air formed from the substances present.

(5)

The temperature of the substance and the temperature of any surface in contact with the substance must not exceed 80% of the auto-ignition temperature for that substance.

(6)

At any place where a class 2.1.1A, 2.1.1B, 2.1.2A, 3.1A, 3.1B, or 3.1C substance is present in a quantity exceeding that specified in table 3 in Schedule 9 for the substance, any permanently fixed equipment or container or part of any such equipment or container must be electrically bonded and earthed so that the maximum allowable resistance to earth is—

(a)

1 MΩ, for dissipation of static electricity from components that have an electrical resistance equal to or more than 1 MΩ; and

(b)

10 Ω, for the dissipation of static electricity from components that have an electrical resistance of less than 1 MΩ.

(7)

A PCBU who contravenes this regulation 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 63

10.14 Methods of complying with regulation 10.13

(1)

In the case of an electrical ignition source, compliance with one of, or where applicable a combination of, the explosion-protection techniques listed in section 5 of AS/NZS 60079.14:2009 meets the requirements of regulation 10.13(3)(b)(ii) and (4)(d)(ii).

(2)

The requirements of regulation 10.13(5) are met if—

(a)

there is compliance with section 5 of AS/NZS 60079.14:2009 relating to the matters described in regulation 10.13(5); or

(b)

any equipment and any surface in contact with the substance conform to the temperatures specified in table 5 in Schedule 9 and the temperature of the substance is kept below 40°C.

(3)

Compliance with AS/NZS 1020:1995 is a means of meeting the requirements of regulation 10.13(6) for the dissipation of static electricity from components that have an electrical resistance of between 10 Ω and 1 MΩ.

Compare: SR 2001/116 r 64

10.15 Circumstances involving control of proportion of vapour or gas to air, but not level of energy

(1)

A PCBU with management or control of work using a class 2.1.1, 2.1.2, or 3.1 substance who elects under regulation 10.8 to manage such a substance by controlling the proportion of vapour or gas to air (but not the level of energy) must ensure that, in any place within a workplace where such a substance is located, the requirements of this regulation are met.

(2)

A class 2.1.1, 2.1.2, or 3.1 substance must be managed under one of the 2 sets of conditions set out in subclauses (3) and (4).

Set of conditions 1

(3)

In this set of conditions, the proportion of vapour or gas to air must at all times be less than 10% of the LEL or more than 10 times the UEL.

Set of conditions 2

(4)

In this set of conditions, where the proportion of vapour or gas to air may be more than 10% of the LEL or less than 10 times the UEL,—

(a)

the proportion of vapour to air must at all times be less than 50% of the LEL or more than 2 times the UEL; and

(b)

there must be a system in place to continuously monitor and control the concentration of vapour to meet the requirements of paragraph (a); and

(c)

a PCBU with management or control of work using substances with flammable properties according to this subclause must have an operating procedure that meets the requirements of this subclause.

(5)

A PCBU who contravenes this regulation 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 65

10.16 Methods of complying with regulation 10.15

Compliance with sections 5–2 and 5–4 of NFPA 86 (2015) relating to the matters described in regulation 10.15(4) is a means of meeting the requirements of regulation 10.15(4).

Compare: SR 2001/116 r 66

10.17 Circumstances where flammable vapour or gas is present in atmosphere and proportion of oxygen in atmosphere (by volume) is more than 20.9%

(1)

A PCBU with management or control of work using a class 2.1.1, 2.1.2, or 3.1 substance who elects under regulation 10.8 to manage under this regulation a flammable gas of a class 2.1.1 or 2.1.2 substance, or the flammable vapour of a class 3.1 substance, within an atmosphere where the proportion of oxygen is more than 20.9% volume for volume must ensure that, in any place within a workplace where such a substance is located, the requirements of this regulation are met.

(2)

A RLEL(O) and a RUEL(O) applicable to the proportion of flammable vapour or flammable gas to oxygen present must be established by the PCBU, and—

(a)

the RLEL(O) and the RUEL(O) must be available for inspection at any time; and

(b)

at all times, the proportion of vapour or gas of a class 2.1.1, 2.1.2, or 3.1 substance to oxygen in the atmosphere must be less than 25% of the RLEL(O) or more than 4 times the RUEL(O); and

(c)

to meet the requirements of paragraph (b), there must be a system in place to continuously monitor and control—

(i)

the proportion of oxygen present in the atmosphere; and

(ii)

the proportion of vapour or gas to oxygen present.

(3)

In a place where the substance is present in concentrations more than 10% RLEL(O), the requirements of either of the following paragraphs must be met:

(a)

the PCBU must establish a revised minimum ignition energy for the maximum proportion of oxygen to air expected within the system, and—

(i)

where such a revised minimum ignition energy is established, it must be available for inspection at any time; and

(ii)

there must be no item capable of generating a flame or spark present unless it can be shown that any release of spark energy would transfer to the mixture of vapour or gas and oxygen-enriched air less than 25% of the revised minimum ignition energy; or

(b)

in any situation except situations covered by regulation 10.7, any ignition source located within the area where flammable vapour or gas is present must be protected in such a way that, in the circumstances in which it is installed (including the presence of dust and particulate matter), it cannot ignite any mixture of vapour or gas and air formed from the substances present.

(4)

A revised auto-ignition temperature must be established for the maximum proportion of oxygen to air expected to be experienced within the system, and—

(a)

the revised auto-ignition temperature must be available for inspection at any time; and

(b)

at all times, the temperature of the substance and of any surface in contact with the substance must be less than 80% of the revised auto-ignition temperature for that substance and oxygen level; and

(c)

there must be a system in place to continuously monitor and control the temperature of the substance and of any surface in contact with the substance to meet the requirements of paragraph (b).

(5)

At any place where a class 2.1.1A, 2.1.1B, 2.1.2A, 3.1A, 3.1B, or 3.1C substance is present in a quantity exceeding that specified in the second column of table 3 in Schedule 9 for the substance, any permanently fixed equipment or container at the place, or part of any such equipment or container, must be electrically bonded and earthed so that the maximum allowable resistance to earth is—

(a)

1 MΩ, for the gradual dissipation of static electricity from components that have an electrical resistance equal to or more than 1 MΩ; and

(b)

10 Ω, for the dissipation of static electricity from components that have an electrical resistance of less than 1 MΩ.

(6)

The PCBU must—

(a)

have a documented operating procedure that meets the requirements of subclauses (3) to (5); and

(b)

manage the substance in accordance with that operating procedure.

(7)

A PCBU who contravenes this regulation 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 67

10.18 Methods of complying with regulation 10.17

Compliance with AS/NZS 1020:1995 is a means of meeting the requirements of regulation 10.17(5)(b).

Compare: SR 2001/116 r 68

10.19 Circumstances where flammable vapour or flammable gas may be present and proportion of oxygen in atmosphere (by volume) controlled so as to be less than 20.9%

(1)

A PCBU with management or control of work using a class 2.1.1, 2.1.2, or 3.1 substance who elects under regulation 10.8 to manage under this regulation a flammable gas of a class 2.1.1 or 2.1.2 substance, or the flammable vapour of a class 3.1 substance, within an atmosphere where the proportion of oxygen present is controlled so as to be less than 20.9% (by volume) must ensure that in any place within a workplace where such a substance is located the requirements of this regulation are met.

(2)

The PCBU must ensure that, in the place,—

(a)

at all times, the proportion of flammable gas of a class 2.1.1 or 2.1.2 substance to air, or flammable vapour of a class 3.1 substance to air, is less than 25% of the LEL or more than 4 times the UEL; or

(b)

an RLEL(O) and RUEL(O) is established applicable to the range of proportions of flammable gas of class 2.1.1 or 2.1.2 to oxygen present, or flammable vapour of a class 3.1 substance to oxygen present, in which case—

(i)

that RLEL(O) and RUEL(O) must be available for inspection at any time; and

(ii)

at all times, the proportion of vapour or gas to oxygen in the atmosphere must be less than 25% of the RLEL(O) or more than 4 times the RUEL(O); and

(iii)

there must be a system in place to continuously monitor and control the proportion of oxygen to air present and the proportion of vapour or gas to oxygen present to meet the requirements of subparagraph (ii).

(3)

The PCBU must ensure that, in the place,—

(a)

there is no ignition source present unless it can be shown that any release of spark energy would transfer to the mixture of vapour or gas and air less than 25% of the minimum ignition energy; or

(b)

in any situation except situations covered by regulation 10.7, any ignition source located in the area where flammable vapour or gas is present is protected in such a way that, in the circumstances in which it is installed (including the presence of dust and particulate matter), it cannot ignite any mixture of vapour or gas and air formed from the substances present.

(4)

The PCBU must ensure that, in the place, either—

(a)

the temperature of the substance and of any surface in contact with the substance does not exceed 80% of the auto-ignition temperature for that substance; or

(b)

a revised auto-ignition temperature is established for the range of proportions of oxygen expected to be present, in which case—

(i)

the revised temperature must be available for inspection at any time; and

(ii)

at all times, the temperature of the substance and of any surface in contact with the substance must be less than 80% of the revised auto-ignition temperature; and

(iii)

there must be a system in place to continuously monitor and control the proportion of oxygen to air present, and the temperature of the substance and the temperature of any surface in contact with the substance, to meet the requirements of subparagraph (ii).

(5)

At any place where a class 2.1.1A, 2.1.1B, 2.1.2A, 3.1A, 3.1B, or 3.1C substance is present in a quantity exceeding that specified in the second column of table 3 in Schedule 9 for the substance, any permanently fixed equipment or container at the place, or part of any such equipment or container, must be electrically bonded and earthed so that the maximum allowable resistance to earth is—

(a)

1 MΩ, for the dissipation of static electricity from components that have an electrical resistance equal to or more than 1 MΩ; and

(b)

10 Ω, for the dissipation of static electricity from components that have an electrical resistance of less than 1 MΩ.

(6)

A PCBU who contravenes this regulation 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 69

10.20 Methods of complying with regulation 10.19

(1)

In the case of an electrical ignition source, compliance with any one of the explosion-protection techniques, or a combination of explosion-protection techniques, listed in section 5 of AS/NZS 60079.14:2009 relating to matters described in regulation 10.19(3)(b) are a means of meeting the requirements of regulation 10.19(3)(b).

(2)

The requirements of regulation 10.19(4) are met if—

(a)

there is compliance with AS/NZS 60079.14:2009 relating to the matters described in regulation 10.19(4); or

(b)

any equipment and any surface in contact with the substance conform to the temperatures specified in table 5 in Schedule 9 and the temperature of the substance is kept below 40°C.

(3)

Compliance with AS/NZS 1020:1995 is a means of meeting the requirements of regulation 10.19(5)(b).

Compare: SR 2001/116 r 70

Subpart 2—Controls on class 3.2 and 4 substances

10.21 Limits on ignition sources

(1)

A PCBU with management or control of a class 3.2 or 4 substance must ensure that, except where the ignition of the substance is intended, the substance is not exposed to any ignition source that may release spark energy in a way that could result in an explosion or a fire.

(2)

A PCBU who contravenes this regulation 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 71

10.22 Specific limits on temperature

(1)

A PCBU with management or control of any place within a workplace where a class 3.2, 4.1.3, or 4.2 substance is present (including in or on any motor vehicle, ship, or aircraft) must ensure that the temperature of the substance does not exceed the control temperature specified in the third column of table 6 in Schedule 9 unless ignition of the substance is intended.

(2)

The PCBU with management or control of any place within a workplace where a class 4.1.2 substance is present must ensure that there is a temperature control plan and system in place that—

(a)

monitors and controls the temperature of the space in which the substance is located; and

(b)

for cases where the control temperature specified in the third column of table 6 in Schedule 9 is exceeded, describes the steps and provides the equipment necessary to restore ambient temperature of the substance to below the control temperature in less than the time it would take for the temperature of the substance to reach the emergency temperature specified in that table.

(3)

A PCBU who contravenes this regulation 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 72

Requirements to reduce likelihood of unintended ignition of class 3.2 and certain class 4 substances

10.23 Requirements to reduce likelihood of unintended ignition of class 4.1.1 substances that may cause fire through friction

(1)

A PCBU with management or control of class 4.1.1 substances that have any of the serial numbers UN1331, UN1343, UN1944, UN1945, and UN2254 must ensure that those substances are not subject to more than 50% of the minimum amount of friction required to cause ignition of that substance when tested as prescribed in Test Series 3 type (b), paragraph 13.5 of the UN Manual of Tests and Criteria.

(2)

Subclause (1) does not apply if the substance is intentionally burned.

(3)

A PCBU who contravenes this regulation 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 73

10.24 Duty to reduce likelihood of unintended ignition of class 4.1.2 substances

(1)

A PCBU with management or control of a class 4.1.2A, 4.1.2B, 4.1.2C, or 4.1.2D substance that is required under regulation 10.4 to be secured must ensure that the substance is secured in a storage area that conforms to—

(a)

the appropriate construction requirements for storage areas set out in section 5 of AS/NZS 5026:2012; or

(b)

requirements specified in a relevant safe work instrument concerning storage areas in which a substance must be secured.

(2)

Where a class 4.1.2A, 4.1.2B, 4.1.2C, 4.1.2D, 4.1.2E, or 4.1.2F substance is contained in packaging or in a container, the PCBU with management or control of the packaging or container must ensure that—

(a)

it is handled in accordance with subclauses (5) and (6) and regulations 10.5, 10.21, and 10.22; and

(b)

the maximum capacity and thermal properties of the packaging or container are such that they will not cause or contribute to a fire or an explosion when tested as prescribed in Packaging Instruction P520 and paragraph 4.1.7.1 of chapter 4.1 of the UN Model Regulations.

(3)

At any place within a workplace where the amount of a substance exceeds the applicable quantity specified in table 4 in Schedule 9, the capacity of an individual package or container may be increased to more than that applying under subclause (2)(b) so long as—

(a)

the requirements of subclause (5) are met; and

(b)

the temperature of the substance is at least 20°C below the modified SADT, where the modified SADT is the SADT obtained by performing the test prescribed in Test Series H, paragraph 28.2 of the UN Manual of Tests and Criteria for determining a SADT, but with the intended larger quantity of the substance used.

(4)

Where a modified SADT is obtained for the purposes of subclause (3), the PCBU must ensure that the test result data from the modified SADT test is available for inspection.

(5)

A PCBU with management or control of a class 4.1.2 substance must ensure that, except where the ignition of the substance is intended, the substance is not subject to any impact or pressure shock that could result in an explosion or a fire.

(6)

A PCBU with management or control of a class 4.1.2 substance must ensure that it is not subjected to more than 50% of the minimum amount of friction required to cause ignition of that substance when tested as prescribed in Test Series 3 type (b), paragraph 13.5 of the UN Manual of Tests and Criteria.

(7)

A PCBU with management or control of a class 4.1.2A substance must ensure that it is not—

(a)

packaged or contained in any quantity more than 500 g per package or container; or

(b)

transported or consigned for transport by sea or air or on any public road or on any public railway.

(8)

A PCBU who contravenes this regulation 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 74

10.25 Duty to reduce likelihood of unintended ignition of class 3.2 or 4.1.3 substances

(1)

A PCBU with management or control of work using a class 3.2 or 4.1.3 substance must—

(a)

identify the minimum concentration of desensitising agent that, when added to the substance, would be sufficient to ensure that the substance so formed did not show a projection, fire, smoke, heat, or noise effect external to itself when tested as prescribed in Test Series 6 type (c), paragraph 16.6 of the UN Manual of Tests and Criteria; and

(b)

ensure that the amount of desensitising agent present does not fall below 125% of the minimum concentration calculated under paragraph (a).

(2)

A PCBU who contravenes this regulation 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 75

Subpart 3—Controls on hazardous substance locations and transit depots where class 2, 3, or 4 substances present

Controls on hazardous substance locations where class 2, 3, or 4 substances present

10.26 Duty of PCBU to establish hazardous substance location

(1)

A PCBU with management or control of a place within a workplace where any class 2, 3, or 4 substance is located must establish in that place 1 or more hazardous substance locations where the substance is to be situated if the substance is present—

(a)

in a quantity exceeding that specified in table 4 in Schedule 9 for the substance; and

(b)

for a period exceeding—

(i)

2 hours, in the case of a substance subject to the tracking provisions of Part 19:

(ii)

24 hours, in the case of substance that is not subject to the tracking provisions of Part 19.

(2)

The PCBU with management or control of the hazardous substance location must notify WorkSafe at least 30 working days (or, in the case of LPG, at least 5 working days) before the commissioning of the hazardous substance location as a place for accommodating class 2, 3, or 4 substances of—

(a)

the street address of the place in which the hazardous substance location is located; and

(b)

the maximum quantity and hazard classification of each class 2, 3, or 4 substance that the hazardous substance location is designed or constructed to accommodate.

(3)

The PCBU with management or control of the hazardous substance location must ensure that the requirements of regulation 10.4 are met.

(4)

The PCBU with management or control of the hazardous substance location must ensure that,—

(a)

if a compliance certificate is required under regulation 10.34 or 10.36, a compliance certificate is obtained that certifies that the requirements of the relevant regulation are met; and

(b)

a site plan is available for inspection that shows the physical position, in relation to the legal boundary of the site in which the hazardous substance location or hazardous substance locations are located, of—

(i)

all hazardous substance locations within the workplace that contain class 2, 3, or 4 substances; and

(ii)

all hazardous areas and controlled zones within the workplace; and

(c)

if required under regulation 10.6, a hazardous area is established and maintained in accordance with that regulation; and

(d)

all persons handling a class 2, 3, or 4 substance are provided with the information, instruction, and training required by regulation 4.5.

(5)

This regulation does not apply to LPG, propane, butane, or isobutane if—

(a)

it is contained in non-refillable, threaded, or self-sealing cartridges of up to 1 000 ml water capacity and manufactured to EN 417:2012 or a standard in a relevant safe work instrument; and

(b)

the aggregate water capacity of the cartridges at any one place is less than 3 000 L.

(6)

This regulation does not apply to a PCBU with management or control of a tank wagon that is used to refuel aircraft carrying out the aerial application of a substance while—

(a)

the tank wagon is on a farm of not less than 4 ha; and

(b)

the tank wagon is located—

(i)

at least 20 m from any protected place; and

(ii)

at least 6 m from any combustible materials; and

(iii)

in a compound or other place that will ensure that any spillage of aviation gasoline or JetA-1 aviation turbine fuel at that place will not endanger any building, or flow into any stream, lake, or natural water.

(7)

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

(8)

A PCBU who contravenes subclause (1), (3), or (4) 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.

(9)

A PCBU who contravenes subclause (2) 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.

Compare: SR 2001/116 r 77

10.27 Duty of PCBU to reduce likelihood of unintended ignition of class 3.2 or 4 substances present at hazardous substance location

(1)

A PCBU with management or control of a hazardous substance location at which a class 3.2 or 4 substance is present must ensure that,—

(a)

except where the ignition of the substance is intended, all class 3.2 and 4 substances are isolated from any ignition source by—

(i)

a wall—

(A)

with a fire-resistance rating of 240/240/240 minutes; and

(B)

that is constructed to prevent a fire on one side of the wall from coming into contact with any such substances on the other side of the wall; or

(ii)

a distance of not less than 3 m; and

(b)

any electrical equipment is designed and constructed—

(i)

so as to prevent moisture or combustible particulate matter from getting into the electrical equipment; and

(ii)

so that in the event of failure of the electrical equipment, no resulting ignition source will contact either the substance or its package; and

(c)

all items of fixed equipment that are at any time in contact with the substance are electrically bonded and earthed so that the maximum allowable resistance to earth is—

(i)

106 Ω, for the dissipation of static electricity from components that have an electrical resistance of equal to or more than 106 Ω; and

(ii)

10 Ω, for the dissipation of static electricity from components that have an electrical resistance of less than 106 Ω; and

(d)

the requirements of regulation 10.5 are met.

(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 matters described in subclause (1)(b) is a means of meeting the requirements of that subclause.

(3)

One means of meeting the requirements of subclause (1)(d) is by separating the substance from any substance with which it is incompatible by—

(a)

a wall with a fire-resistance rating of 120/120/120 minutes; or

(b)

a distance of not less than 3 m unless otherwise provided in these regulations.

(4)

A PCBU who contravenes this regulation 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 78

10.28 Duty of PCBU to control adverse effects of unintended ignition of class 3.2 or 4 substances present at hazardous substance location

(1)

A PCBU with management or control of a hazardous substance location at which a class 3.2 or 4 substance is present must—

(a)

establish a controlled zone around the location that complies with subclauses (2) and (3); and

(b)

ensure that regulations 10.5 and 10.23 to 10.25 are complied with within the location; and

(c)

exclude all unauthorised personnel from the controlled zone.

(2)

If class 3.2 or 4 substances are at the location, the PCBU must ensure that the boundary of the controlled zone is a wall with a fire-resistance rating of 240/240/240 minutes where it abuts a protected place, and of 120/120/120 minutes where it abuts a public place.

(3)

In addition to subclause (2), the PCBU must ensure that where class 4.1.2 substances are present at the location, the controlled zone is of sufficient size so that, in the event of a fire or an explosive decomposition involving those substances, no area beyond the controlled zone is exposed to a blast overpressure of—

(a)

more than 9 kPa if the area beyond the controlled zone is a public place; or

(b)

more than 5 kPa if the area beyond the controlled zone is a protected place.

(4)

The hazardous substance location complies with subclauses (2) and (3) if—

(a)

the boundary of the controlled zone is at a distance from the substance of not less than the relevant distance specified in table 7 or 8 in Schedule 9; or

(b)

the location complies with a standard referred in to in a relevant safe work instrument as a method of meeting the requirements of subclauses (2) and (3).

(5)

A PCBU who contravenes this regulation 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 79

10.29 Method of complying with regulation 10.28

For the purposes of regulation 10.28,—

(a)

a reinforced concrete wall 100 mm thick meets the requirements for a firewall with a fire-resistance rating of 120/120/120 minutes:

(b)

a reinforced concrete wall 150 mm thick meets the requirements for a firewall with a fire-resistance rating of 240/240/240 minutes.

Compare: SR 2001/116 r 80

Secondary containment for class 3 and 4 pooling substances

10.30 Requirement to have secondary containment system for pooling substances

(1)

This regulation applies to a place within a workplace if—

(a)

an aggregate quantity of class 3 or 4 substances more than the quantity specified in table 9 in Schedule 9 is held, or is reasonably likely to be held, at the place at any time; and

(b)

the place is not a port, or part of a port facility, that is used to store hazardous substances for 72 hours or less.

(2)

The PCBU with management or control of the place must ensure that there is a system in place that, depending on the capacities of the container or containers in which the substances are held, complies with,—

(a)

for a surface container, regulation 10.31, 10.32, or 10.33; or

(b)

for an above ground stationary container, regulation 17.100 and (if applicable) regulation 17.102; or

(c)

for a below ground stationary container, regulation 17.101.

(3)

If 2 or more containers of different capacities (as described in regulations 10.31, 10.32, and 10.33) are held at 1 place, the PCBU must ensure that the secondary containment system has a capacity of at least the sum of each container category.

(4)

The PCBU must ensure, in relation to a stationary containment system at that place, that the following controls can be instituted in or in respect of the system:

(a)

if flammable substances must be contained, controls that exclude any energy source capable of igniting them:

(b)

controls that prevent the substances retained from being contaminated by incompatible substances and materials.

(5)

For the purposes of this regulation and regulations 10.31, 10.32, 10.33, 17.100, 17.101, and 17.102, if a class 3 or 4 substance is contained in pipework that is installed and operated so as to manage any loss of containment in the pipework, the substance—

(a)

must not be taken into account in determining whether a place is required to have a secondary containment system; and

(b)

is not required to be located in a secondary containment system.

(6)

This regulation does not apply to a place where there is stored—

(a)

E10, E85, petrol, aviation gasoline, or racing gasoline in total quantities of less than 1 000 L; or

(b)

at a farm of not less than 4 ha, E10, E85, petrol, aviation gasoline, racing gasoline, kerosene, or diesel fuel in total quantities of less than 2 000 L and located so that any spillage will not endanger any building or flow into any stream, lake, or natural water; or

(c)

E10, E85, petrol, aviation gasoline, racing gasoline, kerosene, or diesel fuel in total quantities of less than 2 000 L contained in a tank wagon or in secure containers, each individual container having a capacity of less than 250 L, located so that any spillage will not endanger any building or flow into any stream, lake, or natural water, and where the proposed or actual duration of the storage is for a continuous period of less than 14 days.

(7)

A PCBU who contravenes this regulation 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.

10.31 Requirements for surface containers of up to 60 L

If the pooling substances held in a place within a workplace above ground are in containers each of which has a capacity of 60 L or less,—

(a)

if the place’s total pooling potential is less than 5 000 L, the secondary containment system must have a capacity of at least 50% of that total pooling potential:

(b)

if the place’s total pooling potential is 5 000 L or more, the secondary containment system must have a capacity of the greater of—

(i)

2 500 L; and

(ii)

25% of that total pooling potential.

10.32 Requirements for surface containers of more than 60 L and up to 450 L

(1)

If the pooling substances held in a place within a workplace above ground are in containers 1 or more of which have a capacity of more than 60 L but none of which has a capacity of more than 450 L,—

(a)

if the place’s total pooling potential is less than 5 000 L, the secondary containment system must have a capacity of at least that total pooling potential:

(b)

if the place’s total pooling potential is 5 000 L or more, the secondary containment system must have a capacity of the greater of—

(i)

5 000 L; and

(ii)

50% of that total pooling potential.

(2)

This regulation does not apply to a stationary container to which regulation 17.100 applies.

10.33 Requirements for surface containers of more than 450 L

(1)

If the pooling substances held in a place within a workplace above ground are in containers 1 or more of which have a capacity of more than 450 L,—

(a)

if the place’s total pooling potential is less than 5 000 L, the secondary containment system must have a capacity of at least that total pooling potential:

(b)

if the place’s total pooling potential is 5 000 L or more, the secondary containment system must have a capacity of the greater of—

(i)

5 000 L; and

(ii)

50% of that total pooling potential.

(2)

Despite the requirements of subclause (1), if the pooling substances are contained in a tank wagon, the secondary containment system must have a capacity of at least 110% of the capacity of the largest compartment of the tank wagon.

(3)

This regulation does not apply to a stationary container to which regulation 17.100 applies.

Compliance certificate requirements

10.34 Requirement to have compliance certificate if class 2.1.1, 2.1.2, or 3.1 substance present at hazardous substance location

(1)

A PCBU with management or control of a hazardous substance location where class 2.1.1, 2.1.2, or 3.1 substances are present must ensure that the location has a current compliance certificate certifying that—

(a)

the notification requirements of regulation 10.26 are complied with and the maximum quantities as notified are not exceeded; and

(b)

the hazardous substance location can be appropriately secured from access by persons other than those permitted by the PCBU to access the location; and

(c)

the PCBU with management or control of the hazardous substance location can demonstrate that any worker at the location who handles a class 2.1.1, 2.1.2, or 3.1 substance has received information, training, and instruction in accordance with regulation 4.5; and

(d)

if a hazardous area is required by regulation 10.6, a hazardous area has been established in accordance with that regulation, and the extent of the hazardous area is documented; and

(e)

the requirements of regulation 10.5 are complied with; and

(f)

the hazardous substance location has signage in place that complies with regulations 2.5 and 2.6; and

(g)

if the quantity of substance requires it, the requirements for emergency management specified in Part 5 are complied with; and

(h)

if the quantity of substance requires it, the requirements for secondary containment specified in regulation 10.30 are complied with; and

(i)

the requirements of regulation 10.26(4) are complied with; and

(j)

the requirements of Part 11 are complied with; and

(k)

any stationary container systems containing LPG, propane, butane, or isobutane comply with—

(i)

the separation requirements specified in subpart 3 of Part 17; and

(ii)

the fire-fighting system requirements of subpart 7 of Part 17; and

(iii)

the requirements relating to plans specified in regulation 17.80; and

(iv)

if the stationary container system contains a vapouriser, the vapouriser complies with regulation 17.56.

(2)

This regulation does not apply to a PCBU with management or control of a hazardous substance location on a farm of not less than 4 ha, where the combined quantity of each class 3.1B or 3.1C pesticide or veterinary medicine, or any petrol, aviation gasoline, or racing gasoline, stored at the location is less than 2 000 L if—

(a)

the following requirements are complied with:

(i)

each substance is stored in 1 or more secure containers, each of which has a capacity of less than 250 L; and

(ii)

each container complies with the relevant packaging requirements for flammable liquids (subclass 3.1) set out in the Hazardous Substances (Packaging) Notice 2017 relating to the packaging; and

(iii)

the hazardous substance location is situated not less than 15 m from any protected place; and

(iv)

the hazardous substance location is situated either in the open or in a well-ventilated building; and

(v)

the hazardous substance location is in a compound or other place where any spillage of the substance will not endanger any building or flow into any stream, lake, or natural water; or

(b)

the following requirements are complied with:

(i)

each substance is stored in an above ground stationary tank that complies with requirements for stationary containers specified in Part 17; and

(ii)

each substance is situated not less than 20 m from any protected place; and

(iii)

each substance is situated 6 m from any combustible materials; and

(iv)

each substance is in a compound or other place where any spillage of the substance will not endanger any building or flow into any stream, lake, or natural water.

(3)

This regulation does not apply to a PCBU with management or control of a hazardous substance location where petrol, aviation gasoline, racing gasoline, or kerosene is stored in total quantities of less than 2 000 L if—

(a)

the proposed or actual duration of the storage is for a continuous period of less than 14 days; and

(b)

the substance is stored in 1 or more secure containers, each of which—

(i)

has a capacity of less than 250 L; and

(ii)

complies with the relevant packaging requirements for flammable liquids (subclass 3.1) set out in the Hazardous Substances (Packaging) Notice 2017 relating to the packaging; and

(c)

the substance is situated at a distance not less than 15 m from any protected place; and

(d)

the substance is situated either in the open or in a well-ventilated building; and

(e)

the substance is in a compound or other place where any spillage of the substance will not endanger any building or flow into any stream, lake, or natural water.

(4)

A PCBU who contravenes this regulation 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 81

10.35 Alternative compliance certification requirements if more than 100 kg but less than 300 kg of LPG, propane, butane, or isobutane present at hazardous substance location

(1)

Despite regulation 10.34, a PCBU with management or control of a hazardous substance location where more than 100 kg but less than 300 kg of LPG, propane, butane, or isobutane is present does not require a current location compliance certificate if—

(a)

the PCBU has been granted a previous location compliance certificate for that location in respect of LPG, propane, butane, or isobutane; and

(b)

the location has passed a compliance check in accordance with the requirements of regulation 11.43.

(2)

A PCBU who contravenes this regulation 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.

10.36 Requirement to have compliance certificate if class 3.2 or 4 substance present at hazardous substance location

(1)

A PCBU with management or control of a hazardous substance location where class 3.2 or 4 substances are present must ensure that the hazardous substance location has a current compliance certificate certifying that—

(a)

the notification requirements of regulation 10.26 are complied with and the maximum quantities as notified are not exceeded; and

(b)

the PCBU with management or control of the hazardous substance location can demonstrate that any worker at the location who handles a class 3.2 or 4 substance has received information, training, and instruction in accordance with regulation 4.5; and

(c)

the hazardous substance location can be appropriately secured from access by persons other than those permitted by the PCBU to access the location; and

(d)

where regulation 10.22 requires temperature control, there is a temperature control plan and system in place that meets the requirements of that regulation; and

(e)

if the boundary of the controlled zone—

(i)

is defined by a wall as required by regulation 10.28; or

(ii)

is defined by separation distances as specified in table 7 or 8 in Schedule 9; or

(iii)

meets the requirements of a relevant safe work instrument in regulation 10.28,—

that boundary complies with the barrier, distance, or standard requirements; and

(f)

the requirements of regulation 10.26(4) are complied with; and

(g)

the requirements of regulations 10.5 and 10.23 to 10.25 are complied with; and

(h)

the hazardous substance location has signage in place that complies with regulations 2.5 and 2.6; and

(i)

if the quantity of substance requires it, the requirements for emergency management specified in Part 5 are complied with; and

(j)

if the quantity of substance requires it, the requirements for secondary containment specified in regulation 10.30 are met.

(2)

A PCBU who contravenes this regulation 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 82

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

Part 11 Controls relating to adverse effects of unintended ignition of class 2 and 3.1 substances

11.1 Interpretation

In this Part, unless the context otherwise requires,—

AS 1940—2004 means the standard on The storage and handling of flammable and combustible liquids

AS/NZS 4114.1:2003 means the standard on Spray painting booths, designated spray painting areas and paint mixing rooms—Design, construction and testing

AS/NZS 3833:2007 means the standard on The storage and handling of mixed classes of dangerous goods, in packages and intermediate bulk containers

BS EN 14470–1:2004 means the British/European standard on Safety storage cabinets for flammable liquids

NZS 4232.2:1988 means the standard on Fire resisting glazing systems

NZS 4541:2013 means the standard on Automatic fire sprinkler systems

retail shop

(a)

means—

(i)

an area at premises where goods are displayed for sale to the general public or an end user; or

(ii)

an area behind a sales counter where goods are kept for the purpose of selling them to the general public or an end user; and

(b)

includes an area where goods are received at the premises and stored before being displayed for sale or placed on the shelves behind the sales counter

retailer of agricultural chemicals means a retail shop selling agricultural chemicals predominantly to commercial users

type 1 workroom means a building or room—

(a)

where hazardous substances are held in open containers or used; and

(b)

that is constructed in accordance with the following:

(i)

the floor, walls, and ceiling have a minimum fire-resistance rating of 60/60/60 minutes:

(ii)

every door opens towards the outside of the building or room, is self-closing, and has a fire-resistance rating of at least -/60/60 minutes:

(iii)

every window in the building or room complies with NZS 4232.2:1988; and

(c)

that is not occupied either in whole or in part as a dwelling; and

(d)

that has a secondary containment system with a capacity of at least 100% of the total pooling potential

type 2 workroom means a building or room—

(a)

where hazardous substances are held in open containers or used; and

(b)

that is constructed in accordance with the following:

(i)

the floor, walls, and ceiling have a minimum fire-resistance rating of 120/120/120 minutes:

(ii)

every door opens towards the outside of the building or room, is self-closing, and has a fire-resistance rating of at least -/120/60 minutes:

(iii)

every window in the building or room complies with NZS 4232.2:1988; and

(c)

that is not occupied either in whole or in part as a dwelling; and

(d)

that has a secondary containment system with a capacity of at least 100% of the total pooling potential

type 3 workroom means a building or room—

(a)

where hazardous substances are held in open containers or used; and

(b)

that is constructed in accordance with the following:

(i)

the floor, walls, and ceiling have a minimum fire-resistance rating of 240/240/240 minutes:

(ii)

every door opens towards the outside of the building or room, is self-closing, and has a fire-resistance rating of at least -/240/60 minutes:

(iii)

every window in the building or room complies with NZS 4232.2:1988; and

(c)

that is not occupied either in whole or in part as a dwelling; and

(d)

that has a secondary containment system with a capacity of at least 100% of the total pooling potential

type A storage means an area that is designated for the storage of hazardous substances and that—

(a)

is located external to a building; and

(b)

may have a platform on which 1 or more containers are located, provided that the platform is made of non-combustible materials; and

(c)

may have a shelter roof, provided that the roof is made of non-combustible materials; and

(d)

is—

(i)

secured from access by persons other than those permitted by a PCBU to access the storage area; and

(ii)

is part of a secondary containment system

type B storage means a framed building where hazardous substances are stored that—

(a)

has non-combustible cladding; and

(b)

is part of a secondary containment system

type C storage means a building where hazardous substances are stored that—

(a)

has a fire-resistance rating of 120/120/120 minutes and is made of structurally strong materials such as brick, block concrete, and reinforced concrete; and

(b)

has a roof made of non-combustible materials; and

(c)

is part of a secondary containment system; and

(d)

has a door with a fire-resistance rating of at least -/120/60 minutes unless the building is standalone, in which case a lesser rated door may be used

type D storage means a building where hazardous substances are stored that—

(a)

has a fire-resistance rating of 240/240/240 minutes and is made of structurally strong materials such as brick, block concrete, and reinforced concrete; and

(b)

has a reinforced concrete roof with a fire-resistance rating of 240/240/240 minutes; and

(c)

is part of a secondary containment system; and

(d)

has a door with a fire-resistance rating of -/240/60 minutes unless the building is standalone, in which case a lesser rated door may be used.

11.2 Anhydrous ammonia

This Part does not apply to anhydrous ammonia that is contained in plant in which anhydrous ammonia is used as a refrigerant.

11.3 Duty of PCBU to ensure that adverse effects of unintended ignition are controlled

A PCBU with management or control of work using a hazardous substance to which this Part applies must ensure that the adverse effects of an unintended ignition of the substance are controlled in accordance with this Part.

Subpart 1—Separation requirements for class 2.1.1, 2.1.2, and 3.1 substances not located at hazardous substance location

11.4 Application of subpart 1

(1)

This subpart applies to a class 2.1.1, 2.1.2, or 3.1 substance that is present at a location at a workplace that is not a hazardous substance location.

(2)

This subpart does not apply to a location when the aggregate quantity of hazardous substances present is less than or equal to—

(a)

15 L, for a class 3.1A or 3.1B substance when kept in securely closed containers with a capacity of not more than 5 L; or

(b)

100 L, for a class 3.1C substance; or

(c)

500 L, for a class 3.1D substance.

11.5 Duty of PCBU to separate class 2.1.1 permanent gases from protected places and public places

(1)

This regulation applies to—

(a)

1 or more cylinders that—

(i)

are located either singly or together at a place within a workplace; and

(ii)

contain a class 2.1.1 permanent gas:

(b)

an above ground stationary tank, transportable container, or tank wagon that contains a class 2.1.1 permanent gas.

(2)

A PCBU with management or control of a vehicle filling point for a class 2.1.1 permanent gas to which this subpart applies must ensure that it is separated by a distance of 2.5 m from the place of storage of the class 2.1.1 permanent gas.

(3)

A PCBU with management or control of a cylinder must ensure that it is separated from—

(a)

a protected place by not less than the distance specified in column 2 of table 1 in Schedule 12 opposite the aggregate volume of the permanent gas contained in all of the cylinders located at the same place specified in column 1 of that table:

(b)

a public place by not less than the distance specified in column 3 of table 1 in Schedule 12 opposite the aggregate volume of the permanent gas contained in all of the cylinders located at the same place specified in column 1 of that table.

(4)

Subclause (3) does not apply to the storage of a class 2.1.1 permanent gas that is stored in quantities of 100 m3 or less and that is intended to be used on the premises.

(5)

A PCBU with management or control of an above ground stationary tank, transportable container, or tank wagon must ensure that it is separated from—

(a)

a protected place by not less than the distance specified in column 2 of table 1 in Schedule 12 opposite the volume of the permanent gas contained in the above ground stationary tank, a transportable container, or a tank wagon specified in column 1 of that table:

(b)

a public place by not less than the distance specified column 3 of table 1 in Schedule 12 opposite the volume of the permanent gas contained in the above ground stationary tank, transportable container, or tank wagon specified in column 1 of that table.

(6)

A PCBU with management or control of a tank fill transfer point that is connected to an above ground stationary tank must ensure that it is separated from—

(a)

a protected place by not less than the distance specified in column 2 of table 1 in Schedule 12 opposite the volume of the permanent gas contained in the above ground stationary tank that is connected to the tank fill transfer point specified in column 1 of that table:

(b)

a public place by not less than the distance specified in column 3 of table 1 in Schedule 12 opposite the volume of the permanent gas contained in the above ground stationary tank that is connected to the tank fill transfer point specified in column 1 of that table.

(7)

A PCBU who contravenes this regulation 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.

11.6 Duty of PCBU to separate cylinders containing class 2.1.1 liquefiable gases from protected places and public places

(1)

A PCBU with management or control of 1 or more cylinders containing a class 2.1.1 liquefiable gas to which this subpart applies that are located either singly or together at a place within a workplace must ensure that they are separated from—

(a)

a protected place by not less than the distance specified in column 2 of table 2 in Schedule 12 opposite the aggregate quantity of liquefiable gas contained in all of the cylinders located at the place specified in column 1 of that table:

(b)

a public place by not less than the distance specified in column 3 of table 2 in Schedule 12 opposite the aggregate quantity of liquefiable gas contained in all of the cylinders located at the place specified in column 1 of that table.

(2)

A PCBU with management or control of cylinders that are located within 1 m of a building and that, individually or in aggregate, as the case may be, contain up to 100 kg of a class 2.1.1 liquefiable gas, must ensure that the building does not have any opening located—

(a)

below the top of any cylinder; or

(b)

within 1 m of any cylinder.

(3)

A PCBU with management or control of 1 or more cylinders containing a class 2.1.1 liquefiable gas must ensure that they are not located within 1 m of an opening to a drain.

(4)

Subclause (1)(a) does not apply to 1 or more cylinders located together that each contain, or contain in aggregate, as the case may be, more than 100 kg and up to 300 kg of a class 2.1.1 liquefiable gas if—

(a)

there are no buildings within 2 m of the cylinder or cylinders; or

(b)

there are 1 or more buildings within 2 m of the cylinder or cylinders and—

(i)

the walls of the buildings behind and 2 m either side of the cylinders are constructed of fire-resistant materials; and

(ii)

the building does not have any opening located—

(A)

below the top of any cylinder; or

(B)

within 2 m of any cylinder.

(5)

A PCBU who contravenes this regulation 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.

11.7 Duty of PCBU to separate above ground stationary tank, transportable container, tank wagon, and transfer point for class 2.1.1 liquefiable gas from protected places and public places

(1)

A PCBU with management or control of an above ground stationary tank, transportable container, or tank wagon that contains a class 2.1.1 liquefiable gas to which this subpart applies, and each transfer point connected to any of them, must ensure that the tank, container, or tank wagon is separated from—

(a)

a protected place by not less than the distance specified in column 2 of table 3 in Schedule 12 opposite the capacity of the above ground stationary tank, transportable container, or tank wagon specified in column 1 of that table:

(b)

a public place by not less than the distance specified in column 3 of table 3 in Schedule 12 opposite the capacity of the above ground stationary tank, transportable container, or tank wagon specified in column 1 of that table.

(2)

Despite subclause (1), a tank fill zone need not be separated from a protected place by any more than 15 m.

(3)

Despite subclause (1), a PCBU with management or control of an above ground stationary tank, transportable container, or tank wagon that contains LPG, propane, butane, or isobutane, and each tank fill transfer point connected to them, must ensure that it is separated from—

(a)

a protected place by not less than the distance specified in column 2 of table 4 in Schedule 12 opposite the capacity of the above ground stationary tank, transportable container, or tank wagon specified in column 1 of that table:

(b)

a public place by not less than the distance specified in column 3 of table 4 in Schedule 12 opposite the capacity of the above ground stationary tank, transportable container, or tank wagon specified in column 1 of that table.

(4)

Despite subclause (3), a tank fill transfer point is not required to be separated from a protected place by more than 15 m.

(5)

A PCBU who contravenes this regulation 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.

11.8 Duty of PCBU to separate building holding class 2.1.2 flammable aerosols and threaded or self-sealing gas cartridges of LPG from a protected place

(1)

This regulation applies in relation to a building that holds class 2.1.2 flammable aerosols and threaded or self-sealing gas cartridges of LPG, butane, propane, and isobutane of up to 1 000 ml water capacity manufactured to EN 417:2012 or a standard specified in a relevant safe work instrument, the aggregate capacity of which exceeds 3 000 L.

(2)

A PCBU with management or control of a building must ensure that the building is separated from a protected place by not less than 3 m.

(3)

A PCBU who contravenes this regulation 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.

11.9 Duty of PCBU to separate above ground stationary tank, transportable container, or tank wagon containing class 3.1 substance from protected places and public places

(1)

A PCBU with management or control of an above ground stationary tank, transportable container, or tank wagon that contains a class 3.1 substance to which this subpart applies must ensure that the tank, container, or tank wagon is separated from—

(a)

a protected place by not less than the distance specified in whichever of column 2 or 3 of table 5 in Schedule 12 relates to the substance opposite the capacity of the above ground stationary tank, transportable container that complies with chapter 6.7 of the UN Model Regulations, or tank wagon in column 1 of that table; or

(b)

a public place by not less than the distance specified in column 4 of table 5 in Schedule 12 opposite the capacity of the above ground stationary tank, transportable container, or tank wagon in column 1 of that table.

(2)

The PCBU must ensure that where any above ground stationary tank, transportable container, or tank wagon with multiple compartments is installed, the separation distance to a protected place or public place is based on the aggregate volume of the compartments and the lowest flash point substance stored in any of the compartments.

(3)

This regulation does not apply to a stationary tank that complies with regulation 17.63(3)(b), (c), or (d).

(4)

Despite subclause (1), a PCBU with management or control of an above ground stationary tank that is manufactured and design certified to the requirements of SwRI 95–03 for a 4 hour fire rated tank may locate the tank at a distance of not less than 50% of the separation distances prescribed in subclause (1).

(5)

A PCBU who contravenes this regulation 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.

11.10 Repairs and servicing of tank wagons

(1)

A tank wagon may be taken into a building for repairs, vehicle inspection, or servicing provided that the PCBU with management or control of the building ensures that—

(a)

the tank wagon load tank cannot vent inside the building; and

(b)

the tank wagon is not located where it can be subject to heating; and

(c)

no ignition source is permitted within 8 m of the load tank; and

(d)

for emergency repairs, the driver or other responsible representative of the owner remains with the vehicle until the repair is completed.

(2)

Subclause (1) overrides regulations 11.5, 11.7, and 11.9.

(3)

Subclause (1) does not apply to a tank wagon that is certified, by a person competent in this matter, as being free of flammable gases or vapours.

(4)

A PCBU who contravenes this regulation 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.

11.11 Duty to hold certain packages or transportable containers of class 3.1 substance in building or external storage area of certain type

(1)

A PCBU with management or control of a class 3.1A, 3.1B, or 3.1C substance to which this subpart applies that is contained in 1 or more packages or transportable containers that comply with chapter 6.5 of the UN Model Regulations (other than a package or container to which regulation 11.16 applies) must ensure that the packages or containers are held in a building or external storage area of a type specified in subclause (2).

(2)

The types of building or external storage area are—

(a)

a type A storage; or

(b)

a type B storage; or

(c)

a type C storage; or

(d)

a type D storage.

(3)

Despite subclause (1), a class 3.1A, 3.1B, or 3.1C substance to which this subpart applies that is contained in 1 or more packages may be held in a storage cabinet—

(a)

if the following requirements are met:

(i)

each package does not contain more than 20 L of the substance; and

(ii)

the aggregate quantity of all packages of a class 3.1A, 3.1B, or 3.1C substance held in the storage cabinet does not exceed 250 L; and

(iii)

the storage cabinet is—

(A)

constructed and installed in accordance with sections 4.9.2, 4.9.5, and 4.9.7 of AS 1940—2004; or

(B)

constructed, installed, independently tested, and certified in compliance with BS EN 14470-1:2004, for a storage cabinet that has a 60-minute or higher fire-resistance rating; or

(b)

in accordance with a relevant safe work instrument.

(4)

A PCBU who contravenes this regulation 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.

11.12 Duty of PCBU to separate building or external storage area holding packages up to 60 L of class 3.1A or 3.1B substances or packages of any amount of class 3.1C substance from protected places

(1)

This regulation applies to a type A, type B, type C, or type D storage that holds 1 or more packages each containing—

(a)

not more than 60 L of a class 3.1A or 3.1B substance to which this subpart applies; or

(b)

a class 3.1C substance to which this subpart applies.

(2)

A PCBU with management or control of a building or external storage area must ensure that the building or external storage area is separated from a protected place by not less than the distance specified in column 4 of table 6 in Schedule 12 opposite the aggregate quantity of all packages of class 3.1A, 3.1B, or 3.1C substances specified in whichever of columns 1, 2, and 3 of that table relates to the building or external storage area.

(3)

A PCBU who contravenes this regulation 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.

11.13 Storage of packages holding class 3.1 substance in a store in a building

(1)

A PCBU with management or control of class 3.1 substances to which this subpart applies may place those substances in a store inside a building but only if they are stored—

(a)

in a room with the walls and ceiling constructed with a 60/60/60 minutes fire-resistance rating and a door with at least a -/60/60 minutes fire-resistance rating, and—

(i)

not more than 450 L of the substance is situated in the store; and

(ii)

the substances are stored in containers, each not exceeding 20 L capacity; or

(b)

in a room with the walls and ceiling constructed of reinforced concrete or an equivalent material with a 120/120/120 minutes fire-resistance rating and a door with at least a -/120/60 minutes fire-resistance rating, and—

(i)

not more than 2 000 L of the substance is situated in the store; and

(ii)

the substances are stored in containers, each not exceeding 60 L capacity (but one container of a maximum capacity of 250 L may be located in the store); and

(iii)

any vents are fitted with fire dampers with at least a -/90/- minutes fire-resistance rating; or

(c)

in a type D storage that has no openings to the interior of the building, except for—

(i)

a door that is self-closing in the event of a fire and that opens into a type 1, type 2, or type 3 workroom; or

(ii)

vents that are fitted with fire dampers with at least a -/180/- minutes fire-resistance rating.

(2)

For the purposes of subclause (1)(a) or (b), if the quantity of class 3.1 substances in the store does not exceed 2 000 L, the door may open into a building if—

(a)

the door of the room has a fire-resistance rating of -/60/60 minutes for storage in accordance with subclause (1)(a) and -/120/60 minutes for storage in accordance with subclause (1)(b); and

(b)

the door is fitted to be self-closing in the event of a fire near the doorway; and

(c)

there are no combustible materials within 3 m of the doorway; and

(d)

no portion of the structure within 3 m of the doorway is constructed of combustible materials; and

(e)

the door is kept closed except when goods are placed in, or removed from, the store.

(3)

A PCBU with management or control of a building constructed in accordance with subclause (1)(c) or a building that has more than 2 walls in common with another building that is a protected place must ensure that the building has walls constructed of reinforced concrete or an equivalent material with a fire-resistance rating of 240/240/240 minutes and does not contain more than—

(a)

5 000 L of class 3.1A and 3.1B substances in aggregate, in containers exceeding 60 L capacity; or

(b)

10 000 L in aggregate, in the case of all other storage of class 3.1A and 3.1B substances in containers not exceeding 60 L capacity or class 3.1C substances in containers not exceeding 250 L capacity.

(4)

A PCBU who contravenes this regulation 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.

11.14 Duty of PCBU to separate building or external storage area holding transportable containers or packages of more than 60 L of class 3.1A, 3.1B, or 3.1C substances from protected places

(1)

This regulation applies to a type A, type B, type C, or type D storage that holds 1 or more packages or transportable containers each containing more than 60 L of a class 3.1A, 3.1B, or 3.1C substance to which this subpart applies.

(2)

A PCBU with management or control of a building or external storage area must ensure that the building or external storage area is separated from a protected place by not less than the distance specified in column 4 of table 7 in Schedule 12 opposite the aggregate quantity of all transportable containers that comply with chapter 6.7 of the UN Model Regulations or packages of class 3.1A, 3.1B, or 3.1C substances specified in whichever of columns 1, 2, and 3 of that table relates to the building or external storage area.

(3)

A PCBU who contravenes this regulation 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.

11.15 Duty of PCBU to separate transfer point for class 3.1 substance from protected places

(1)

A PCBU with management or control of a transfer point used to fill a tank wagon with a class 3.1 substance to which this subpart applies must ensure that the transfer point is separated from a protected place by—

(a)

10 m in relation to a class 3.1A, 3.1B, or 3.1C substance; or

(b)

5 m in relation to a class 3.1D substance.

(2)

A PCBU who contravenes this regulation 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.

11.16 Class 3.1 substance being used or in open package or container to be held in building of certain type

(1)

This regulation applies to a class 3.1A, 3.1B, or 3.1C substance to which this subpart applies that is—

(a)

being used; or

(b)

contained in 1 or more packages or containers, 1 or more of whic