Health and Safety at Work (Hazardous Substances) Regulations 2017

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Version as at 5 January 2022

Health and Safety at Work (Hazardous Substances) Regulations 2017

(LI 2017/131)

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of June 2017

Present:
Her Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

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.

1	Title
2	Commencement
3	Interpretation
4	Meaning of hazardous substance
	Transitional, savings, and related provisions
5	Transitional, savings, and related provisions
	References to hazard classifications, standards, distances, and quantities
6	References to class, hazard classifications, etc
7	References to standards
8	References to distances
9	Separation distances not to extend beyond boundary unless agreed
10	References to quantities
	Relationship of regulations with safe work instruments
11	Safe work instruments that impose or modify requirements
12	Safe work instruments that prescribe exposure standards
	Part 1 Application
	Application to Armed Forces
1.1	Application to Defence Force
1.2	Management of hazardous substances controlled by Defence Force
1.3	Further obligations of Chief of Defence Force
	Application to hazardous waste
1.4	Hazardous waste
	Exemption of certain hazardous substances
1.5	Hazardous substances used for motive power or control of vehicle, ship, or aircraft
1.6	Transport by land, sea, or air
1.7	Offshore petroleum installations
1.8	Fuel gas
1.9	Ethanol dilutions
1.10	Transhipment of class 1 substances through New Zealand
1.11	Laboratories
1.12	Gas under pressure
1.13	Refrigeration systems containing flammable gas refrigerants
	Part 2 Labelling, signage, safety data sheets, and packaging
	Labelling
2.1	Workplace labelling of hazardous substance containers
2.2	Labelling of other containers containing hazardous substances
2.3	Labelling of containers for hazardous waste located in workplace
2.4	Alternative labelling for stationary tanks, process containers, and transportable containers
	Signage
2.5	Duty of PCBU to display signage: general duty
2.6	Signage requirements for general duty
2.7	Signage requirements for transit depots
2.8	Additional signage requirements for fireworks and safety ammunition
2.9	Signage at workplace where milking animals are milked
2.10	Duty of PCBU to maintain signage
	Safety data sheets
2.11	Duty of PCBU to obtain and provide access to safety data sheets
	Packaging
2.12	Duty of PCBU relating to packaging of decanted or transferred substances
2.13	Packaging of other containers containing hazardous substances
2.14	Duty of PCBU in relation to certain portable containers
	Part 3 General duties relating to risk management
3.1	Duty of PCBU to keep hazardous substances inventory
3.2	Managing risks associated with hazardous substances
3.3	Duty of PCBU to review control measures
	Part 4 Certified handlers and supervision and training of workers
	Certified handlers
4.1	Certification required for certain work
4.2	Issue of compliance certificates for certified handlers
4.3	Competency requirements for certified handlers
4.4	Workers who do not require certificate
	Supervision and training of workers
4.5	Duty of PCBU to provide information, training, and instruction
4.6	Duty of PCBU to provide supervision
	Part 5 Emergency management
	Exemption from Part 5
5.1	Exemption for certain refrigerants
	Subpart 1—Fire extinguishers
5.2	Application of this subpart
5.3	Duty of PCBU to provide fire extinguishers
5.4	Location of fire extinguishers
5.5	Capability of fire extinguishers
	Subpart 2—Emergency response plans
5.6	Application of this subpart
5.7	Duty to prepare emergency response plan
5.8	Duty to implement emergency response plan
5.9	Availability of equipment, facilities, and people
5.10	Availability of emergency response plans
5.11	Fire and Emergency New Zealand may review emergency response plan
5.12	Test and revision of emergency response plan
5.13	Plan may be part of other management documentation
	Part 6 Compliance certification
6.1	Interpretation
	Subpart 1—Authorisation of compliance certifiers
6.2	Compliance certifiers must be authorised
6.3	Who may apply for authorisation
6.4	Applicant and compliance certifier that is not individual
6.5	Applications for authorisation
6.6	Qualifications for authorisation
6.7	Criteria for fit and proper person
6.8	Grant of authorisation
6.9	Term of authorisation
	Register of compliance certifiers
6.10	WorkSafe must register authorisations
6.11	Compliance certifier must notify WorkSafe of changes
6.12	Register of compliance certifiers
	Variation and renewal of authorisation
6.13	Compliance certifier may apply for variation of authorisation
6.14	Renewal of authorisation
	Disciplinary provisions
6.15	WorkSafe may investigate complaints and concerns
6.16	Suspension during investigation
6.17	Time frame for completing investigation
6.18	Investigation process
6.19	Compliance certifier to be informed of draft investigation report
6.20	WorkSafe may vary, suspend, or cancel authorisation following investigation
	WorkSafe may employ or engage compliance certifiers
6.21	WorkSafe may employ or engage compliance certifiers
	Subpart 2—Issue of compliance certificates
6.22	Duties of compliance certifier
6.23	Compliance certifier may issue compliance certificate
6.24	Conditional compliance certificate for hazardous substance locations
6.25	Commencement of compliance certificate
6.26	Register of compliance certificates
6.27	PCBU must give HSR details of relevant compliance certificates
	Variation, suspension, or cancellation of compliance certificate
6.28	Compliance certifier may vary compliance certificate
6.29	WorkSafe may investigate complaints and concerns
6.30	Suspension of certificate during investigation
6.31	Investigation process
6.32	Certificate holder to be informed of draft investigation report
6.33	WorkSafe may cancel compliance certificate after investigation
	Exemptions from compliance certificate requirements
6.34	Prescribed requirements for exemption from requirement to obtain compliance certificate
	Right to appeal
6.35	Right to appeal against certain decisions
	Subpart 3—Audit of compliance certifiers and performance standards
6.36	Purpose of this subpart
6.37	Requirement for compliance certifiers to be audited
6.38	WorkSafe may engage auditors
6.39	Audit report
6.40	Power of auditor to require production of documents
6.41	Cost of audit
	Performance standards
6.42	Duty of compliance certifiers to comply with performance standards
6.43	WorkSafe may issue, amend, or revoke performance standard
6.44	Process to be adopted before performance standard is issued or amended
6.45	Publication of performance standards
	Part 7 Controlled substance licences
7.1	Application for controlled substance licence
7.2	Criteria for fit and proper person
7.3	Expiry of controlled substance licence
7.4	Suspension of compliance certificate under Part 6
7.5	Suspension of controlled substance licence
7.6	Investigation process
7.7	Licence holder to be informed of draft investigation report
7.8	Cancellation of controlled substance licence
7.9	Exemption from requirement to hold controlled substance licence
7.10	Right to appeal against certain decisions
7.11	Replacement licence document
	Register of controlled substance licence holders
7.12	WorkSafe must enter controlled substance licence on register
7.13	Register of controlled substance licence holders
	Part 8 Controls applying to all class 1 to 5 substances
8.1	Compliance certification
8.2	Extension of renewal period of compliance certificate
8.3	Public transportation of class 1 to 5 substances (except LPG)
8.4	Public transportation of LPG
	Exemptions from controls in Parts 9 to 12
8.5	Tactical policing
8.6	Training explosives detector dogs
8.7	Ethanol dilutions [Revoked]
	Part 9 Class 1 substances
9.1	Overview
9.2	Interpretation
	Subpart 1—Controls on class 1 substances
9.3	Class 1 substances generally to be under control of certified handlers
9.4	Safe work instrument may amend table 1 or 2 in Schedule 7
9.5	Controlled substance licence generally required for class 1 substances
9.6	Licence required for possession of smokeless powders and certain other propellants
9.7	Exceptions to requirement to have licence for transportation of certain class 1 substances
9.8	Requirement to have controlled substance licence for supply
9.9	Prohibition on display of class 1 substance for sale
9.10	General restrictions on location of class 1 substances
9.11	Limits on impact or pressure shock
9.12	Limits on spark energy
9.13	Limits on heat and fire
9.14	Limits on static electricity in relation to equipment
9.15	Protection from stray electrical currents
9.16	Protection from electromagnetic radiation
	Segregation of incompatible substances
9.17	Requirement to segregate incompatible substances and materials
	Securing class 1 substances
9.18	Requirement to secure class 1 substances
9.19	Requirements for containers
9.20	Design and certification of containers
9.21	Requirements for containers securing fireworks
	Subpart 2—Hazardous substance locations
9.22	PCBU to establish hazardous substance location
9.23	PCBU to reduce likelihood of unintended initiation
9.24	Protection from lightning strike
9.25	Lightning interceptors
9.26	Compliance certificate for hazardous substance location
9.27	PCBU to control adverse effects of unintended initiation
	Subpart 3—Intended detonation and deflagration of class 1 substances
9.28	Duty of PCBU who directs detonation or deflagration
9.29	Additional duties of PCBU who directs detonation or deflagration of class 1 substance
9.30	Duty of PCBU to control adverse effects of intended detonation or deflagration
	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
9.32	PCBU to establish discharge area and exclusion zone for outdoor pyrotechnic display
9.33	Requirements for discharge area
9.34	Requirements for exclusion zone
9.35	Notification and recording of outdoor pyrotechnic displays
9.36	Compliance certificate for outdoor pyrotechnic displays
9.37	Duties of PCBU within discharge area
9.38	Additional duties of PCBU who directs carrying out of outdoor pyrotechnic display
9.39	Additional duties of PCBU if display involves firing to heights over 60 m
9.40	Outdoor pyrotechnic display using only indoor pyrotechnics
9.41	Outdoor pyrotechnic display using both indoor pyrotechnics and outdoor pyrotechnics
	Controls on indoor pyrotechnic displays
9.42	Duty of PCBU who directs carrying out of indoor pyrotechnic displays using class 1 category G substances
9.43	Duty of PCBU who directs carrying out of indoor pyrotechnic display using class 1 category G substances
	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
9.45	PCBU who directs transfer to ensure emergency management
9.46	Duties of PCBU with management or control of class 1 substances at designated transfer zone
9.47	Requirements for substance quantity limits within designated transfer zones
	Transportation
9.48	Requirements for transportation by road or rail of class 1 substances
9.49	Sufficient compliance with regulation 9.48(1)(b)
9.50	Requirements to be met during interruptions of transportation
9.51	Exemptions from transportation requirements for certain substances
	Part 10 Class 2, 3, and 4 substances
10.1	Interpretation
10.2	Anhydrous ammonia
10.3	General controls on class 2, 3, and 4 substances
10.4	Substances that must be secured
10.5	Requirement to segregate class 2, 3, and 4 substances
	Subpart 1—Controls on class 2.1.1, 2.1.2, and 3.1 substances
10.6	Duty of PCBU to establish hazardous area
10.7	Application of other legislation to electrical systems located in hazardous areas
10.8	Duty of PCBU to reduce likelihood of unintended ignition of class 2.1.1, 2.1.2, and 3.1 substances
10.9	Requirement to use odorant or alternative means of leak detection
10.10	Requirements for refrigeration systems containing flammable gas refrigerant
10.11	Circumstances involving control of ignition sources available to class 2.1.1, 2.1.2, and 3.1 substances
10.12	Methods of complying with regulation 10.11
10.13	Circumstances involving control of both proportion of vapour or gas to air and amount of energy available
10.14	Methods of complying with regulation 10.13
10.15	Circumstances involving control of proportion of vapour or gas to air, but not level of energy
10.16	Methods of complying with regulation 10.15
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%
10.18	Methods of complying with regulation 10.17
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%
10.20	Methods of complying with regulation 10.19
	Subpart 2—Controls on class 3.2 and 4 substances
10.21	Limits on ignition sources
10.22	Specific limits on temperature
	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
10.24	Duty to reduce likelihood of unintended ignition of class 4.1.2 substances
10.25	Duty to reduce likelihood of unintended ignition of class 3.2 or 4.1.3 substances
	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
10.27	Duty of PCBU to reduce likelihood of unintended ignition of class 3.2 or 4 substances present at hazardous substance location
10.28	Duty of PCBU to control adverse effects of unintended ignition of class 3.2 or 4 substances present at hazardous substance location
10.29	Method of complying with regulation 10.28
	Secondary containment for class 3 and 4 pooling substances
10.30	Requirement to have secondary containment system for pooling substances
10.31	Requirements for surface containers of up to 60 L
10.32	Requirements for surface containers of more than 60 L and up to 450 L
10.33	Requirements for surface containers of more than 450 L
	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
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
10.36	Requirement to have compliance certificate if class 3.2 or 4 substance present at hazardous substance location
	Controls on transit depots where class 2, 3, or 4 substances present
10.37	Requirement for transit depot
	Part 11 Controls relating to adverse effects of unintended ignition of class 2 and 3.1 substances
11.1	Interpretation
11.2	Anhydrous ammonia
11.3	Duty of PCBU to ensure that adverse effects of unintended ignition are controlled
	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
11.5	Duty of PCBU to separate class 2.1.1 permanent gases from protected places and public places
11.6	Duty of PCBU to separate cylinders containing class 2.1.1 liquefiable gases from protected places and public places
11.7	Duty of PCBU to separate above ground stationary tank, transportable container, tank wagon, and tank fill transfer point for class 2.1.1 liquefiable gas from protected places and public places
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
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
11.10	Repairs and servicing of tank wagons
11.11	Duty to hold certain packages or transportable containers of class 3.1 substance in building or external storage area of certain type
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
11.13	Storage of packages holding class 3.1 substance in a store in a building
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
11.15	Duty of PCBU to separate tank fill transfer point for class 3.1 substance from protected places
11.16	Class 3.1 substance being used or in open package or container to be held in building of certain type
11.17	Class 3.1 substance used or stored in package or container in building
	Subpart 2—Separation requirements for class 2.1.1, 2.1.2, and 3.1 substances located at hazardous substance location
11.18	Application of subpart 2
11.19	Separation of class 2.1.1 permanent gas from protected places and public places
11.20	Duty to separate cylinders containing class 2.1.1 liquefiable gas from protected places and public places
11.21	Duty 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
11.22	Duty to separate cylinder filling stations for class 2.1.1A liquefiable gas from protected places or public places
11.23	Duty to separate building holding class 2.1.2 flammable aerosols and threaded or self-sealing gas cartridges of LPG from protected place
11.24	Hazardous substance location holding not more than 10 000 L aggregate water capacity of flammable aerosols
11.25	Hazardous substance location holding more than 10 000 L but not more than 100 000 L aggregate water capacity of flammable aerosols
11.26	Hazardous substance location holding more than 100 000 L aggregate water capacity of flammable aerosols
11.27	Previous approval under Dangerous Goods (Class 2—Gases) Regulations 1980
11.28	Separation of above ground stationary tank, transportable container, or tank wagon containing class 3.1 substance from protected places and public places
11.29	Duty to hold certain packages or transportable containers of class 3.1 substance in building or external storage area of certain type
11.30	Duty 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
11.31	Storage of packages holding class 3.1 substances in store inside building
11.32	Storage of class 3.1 substances in retail shops
11.33	Storage of class 3.1B and 3.1C flammable liquids in retail shops
11.34	Duty 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
11.35	Duty to separate tank fill transfer point for class 3.1 substance from protected place
11.36	Class 3.1 substance being used or in open package or container to be held in building of certain type
11.37	Class 3.1 substance used or stored in package or container in building
	Subpart 3—Calculation of separation distances
11.38	Calculation of separation distances for intermediate capacities or intermediate quantities
11.39	Additional and modified separation distances or other matters in subparts 1 and 2
11.40	Prescribed requirements relating to exemption from required separation distances or other matters in subparts 1 and 2
	Subpart 4—Additional controls for LPG, propane, butane, and isobutane
11.41	Restrictions on delivery of LPG, propane, butane, or isobutane
11.42	Maximum quantities of LPG, propane, butane, or isobutane for indoor storage and use
	Procedures for LPG delivery
11.43	Compliance checking and validation of controls required for LPG, propane, butane, or isobutane at hazardous substance location
	Part 12 Class 5 substances
12.1	Interpretation
	Subpart 1—Controls on class 5.1.1 and 5.1.2 substances
12.2	General limits on class 5.1.1 and 5.1.2 substances
12.3	Substances that must be secured
12.4	Methods by which certain requirements may be met
12.5	Requirements to reduce likelihood of unintended combustion or explosion of class 5.1.1 or 5.1.2 substance
12.6	Duty of PCBU to ensure personal protective equipment used
12.7	Requirements to control adverse effects of spills or failure of containers
	Subpart 2—Controls on workplace where class 5.1.1 and 5.1.2 substances present
12.8	Duty of PCBU to establish hazardous substance location where class 5.1.1 and 5.1.2 substances present
12.9	Duty of PCBU to reduce likelihood of unintended ignition where class 5.1.1 and 5.1.2 substances present at hazardous substance location
12.10	Additional duties of PCBU relating to hazardous substance location where class 5.1.1 or 5.1.2 substance are manufactured or used
12.11	Requirements where combustion intended or contact with incompatible substances, ignition sources, or exposure to temperature anticipated
12.12	Duty of PCBU to control adverse effects of unintended combustion or explosion
	Secondary containment for class 5.1.1 pooling substances
12.13	Requirement to have secondary containment system for pooling substances
12.14	Requirements for surface containers of up to 60 L
12.15	Requirements for surface containers of more than 60 L and up to 450 L
12.16	Requirements for surface containers of more than 450 L
	Compliance certificate requirements
12.17	Requirement to have compliance certificate for hazardous substance location
12.18	Matters to be certified for hazardous substance location where containers kept closed at all times or containers designed to be vented
12.19	Matters to be certified for hazardous substance location where class 5.1.1 or 5.1.2 substances manufactured or used
	Controls on transit depots where class 5.1.1 or 5.1.2 substances present
12.20	Duty of PCBU relating to transit depot where class 5.1.1 or 5.1.2 substances present
	Subpart 3—Controls on class 5.2 substances
12.21	Overview of subpart 3
12.22	Interpretation
12.23	General limits on class 5.2 substances
12.24	Substances that must be secured
12.25	Methods by which certain requirements may be met
	General controls on class 5.2 substances
12.26	Requirements to reduce likelihood of unintended combustion or explosion of class 5.2 substances
12.27	Limits on temperature
12.28	Limits on impact or pressure shock
12.29	Duty of PCBU to ensure personal protective equipment used
12.30	Requirements where contact with incompatible substances or ignition, impact, or pressure shock sources intended or anticipated
12.31	Requirement to control adverse effects of spillage or failure of containers
	Requirements to reduce likelihood of unintended combustion or explosion of specific class 5.2 substances
12.32	Controls on class 5.2A substances
12.33	Controls on class 5.2B, 5.2C, 5.2D, 5.2E, or 5.2F substances
	Controls on hazardous substance locations where class 5.2 substances present
12.34	Duty of PCBU to establish hazardous substance location where class 5.2 substance present
12.35	Duty of PCBU to reduce likelihood of unintended combustion or explosion where class 5.2 substance present at hazardous substance location
12.36	Additional duties of PCBU relating to hazardous substance location where class 5.2 substances are manufactured or used
12.37	Duty of PCBU to control adverse effects of unintended combustion or explosion
	Secondary containment for class 5.2 pooling substances
12.38	Requirement to have secondary containment system for pooling substances
12.39	Requirements for surface containers of up to 60 L
12.40	Requirements for surface containers of more than 60 L and up to 450 L
12.41	Requirements for surface containers of more than 450 L
	Compliance certificate requirements
12.42	Requirement to have compliance certificate for hazardous substance location
12.43	Matters to be certified for hazardous substance location where containers kept closed at all times or containers designed to be vented
12.44	Matters to be certified for hazardous substance location where class 5.2 substances manufactured or used
12.45	Requirements for securing class 5.2 substance
	Controls on transit depots where class 5.2 substances located
12.46	Requirements for transit depot
	Part 13 Class 6 and 8 substances
13.1	Interpretation
	Exemption from Part 13
13.2	Exemption of anhydrous ammonia
	General duties
13.3	Duty of PCBU to keep record of application of certain class 6 and 8 substances
13.4	Matters to be included in record kept by PCBU
13.5	Additional recording and notification requirements when sodium fluoroacetate present
13.6	Importation of sodium fluoroacetate
	Equipment
13.7	Duty of PCBU to ensure equipment is appropriate
13.8	Use of personal protective equipment when working with class 6 or 8 substances
	Certified handler certification and controlled substance licences
13.9	Certain substances to be under personal control of certified handler or secured
13.10	Substances not requiring a certified handler to be secured
13.11	Exception for transportation of packaged substances
13.12	Licence required for possession of certain class 6 substances
13.13	Licence required for supply and acquisition of certain class 6 substances
	Transport restrictions
13.14	Carriage of certain class 6 and 8 substances on passenger service vehicles
13.15	Additional restrictions relating to transport of pesticide
13.16	Additional restrictions relating to transport of certain vertebrate toxic agents and fumigants
	Exposure standards and limits
13.17	Prohibition on use of class 6 substance in excess of tolerable exposure limit
13.18	Duty of PCBU to ensure prescribed exposure standards for class 6 substances not exceeded
	Application of certain class 6 substances
13.19	Signage requirements for vertebrate toxic agents
13.20	Requirements for aircraft carrying out aerial application of vertebrate toxic agents
13.21	Restricted access to vicinity in which certain vertebrate toxic agents applied
13.22	Duties of PCBU with management or control of work using antifouling paints
13.23	WorkSafe may set restricted entry intervals for pesticide
13.24	Duty of PCBU to ensure restricted entry intervals complied with
13.25	Duty of PCBU relating to signage for pesticide applied in indoor environment
	Storage of certain class 6 or 8 substances not located at hazardous substance location
13.26	Storage of certain class 6 and 8 substances not located at hazardous substance location
13.27	Requirements applicable to farms
	Transit depot storage
13.28	Controls on transit depots where class 6 or 8 substances present
	Segregation requirements for class 6 and 8 substances
13.29	Duty of PCBU relating to segregation of class 6 and 8 substances
	Secondary containment requirements for class 6 and 8 pooling substances
13.30	Requirement to have secondary containment system for pooling substances
13.31	Requirements for surface containers of up to 60 L
13.32	Requirements for surface containers of more than 60 L and up to 450 L
13.33	Requirements for surface containers of more than 450 L
	Storage of class 6 or 8 substances at hazardous substance location
13.34	Duty of PCBU to establish hazardous substance location where certain class 6 or 8 substances present
13.35	Requirements for stores other than indoor storage cabinets
13.36	Requirements for indoor storage cabinets for class 6 substances
13.37	Requirements for indoor storage cabinets for class 8 substances
13.38	Compliance certificate required for hazardous substance location
13.39	Matters to be certified for hazardous substance location where class 6 or 8 substances are present
	Separation of hazardous substance locations holding class 6 and 8 substances
13.40	Measurement of separation distance
13.41	Minimum separation between protected places and hazardous substance locations containing packaged class 6.1 substances
13.42	Minimum separation between public places and hazardous substance locations containing packaged class 6.1 substances
13.43	Minimum separation between protected places and hazardous substance locations containing packaged class 8.2A or 8.2B substances
13.43A	Reduction of separation distances required by regulations 13.41 and 13.43
13.44	Application for exemption from certain requirements
13.45	Additional emergency management requirements
	Additional and modified requirements in safe work instrument
13.46	Additional and modified requirements in safe work instrument
	Part 14 Fumigants
14.1	Additional controls for fumigants
14.2	Interpretation
	Subpart 1—Certified handler and controlled substance licence requirements
14.3	Fumigants under personal control of certified handler
14.4	Additional fumigants under personal control of certified handler
14.5	Exception for transportation of packaged fumigants
14.6	Licence required for possession of fumigant
	Subpart 2—Notification and signage
14.7	Notification of intended fumigation
14.8	Timing of notification of intended fumigation
14.9	Application of regulation 14.10
14.10	PCBU must erect signs
	Subpart 3—Operational requirements
14.11	Shipping container under fumigation must not be moved
14.12	Restriction on fumigation of shipping containers
14.13	Shipping container must not leak fumigants
14.14	Fumigation cells must not leak fumigants
14.15	Supervision of fumigation
14.16	Ventilation of fumigation area and safety of risk area
14.17	Completion of fumigation and notice of completion
	Subpart 4—Record-keeping requirements
14.18	Requirement to keep record of application
14.19	Additional matters to be included in record if certain fumigants from Ripper range are applied
	Subpart 5—Additional requirements for application of specific fumigants to soil
14.20	Size of application block
14.21	Entry restriction for application block
14.22	PCBU to set buffer zones
14.23	Restrictions on application of fumigant to soil
14.24	Entry restriction for buffer zone
14.25	Application timing and conditions
14.26	Measures required to restrict fumigant emission from treated soil
14.27	Sealing soil after fumigation: Tri-Form 60 and new fumigants
14.28	Sealing soil after fumigation: Ripper range
14.29	Disposal of plastic sheets used for fumigation under sheets
14.30	Fumigation using CytecGas01
14.31	PCBU to develop fumigation management plan
	Subpart 6—Further requirements for uses of methyl bromide

14.32	Interpretation
	Quarantine or pre-shipment uses of methyl bromide
14.33	Restriction on fumigation
14.34	Requirement to secure place where fumigation carried out
14.35	Requirement to keep records
14.36	Record of 1-hour and 24-hour exposure levels
14.37	Annual monitoring report
14.38	Minimum buffer zone
14.39	Prohibition on use of methyl bromide in excess of tolerable exposure limit
14.40	Requirements for sheets
	Soil fumigation for potato wart using methyl bromide
14.41	Application of methyl bromide by authorised person only
14.42	Duty of PCBU to use sheets for soil fumigation for potato wart
14.43	Duty of PCBU in relation to evacuation and access to site fumigated for potato wart
	Part 15 Gases under pressure
15.1	Interpretation
15.2	Application of this Part to certain pressure equipment
15.3	Application of this Part to UN Model Regulations cylinders
	Subpart 1—Reference temperatures and compatibility
15.4	Design to withstand maximum developed pressure
15.4A	Alteration of design of gas container
15.5	Compatibility
	Subpart 2—Refillable cylinders
15.6	Application of subpart 2
15.7	Use and supply of cylinders
15.8	Design standards for cylinders
15.9	Design standards for refillable high-pressure fire extinguishers
15.10	Design standards for cylinder neck threads
15.11	Materials used for cylinders
15.12	Cylinders for gases held at cryogenic temperatures
15.13	Design verification of cylinders
15.14	Cylinder not to be used beyond specified cylinder life
	Manufacture of cylinders
15.15	Requirements on manufacture of cylinders
	Importation of cylinders
15.16	Restrictions on, and compliance certificates for, imported cylinders
	Pre-commissioning certificates
15.17	Requirement for pre-commissioning certificate
15.18	Prescribed requirements for exemption from requirement to obtain certain certificates
15.19	Issue of pre-commissioning certificate
15.20	Declining to issue pre-commissioning certificate
	Subpart 3—Low-pressure fire extinguishers
15.21	Application of subpart 3
15.22	Fire extinguisher registration number
15.23	Standards for low-pressure fire extinguishers
15.24	Manufacture of low-pressure fire extinguishers
	Subpart 4—Aerosol dispensers and other non-refillable gas containers
15.25	Restrictions on import, manufacture, and supply of aerosols
15.26	Restrictions on import, manufacture, and supply of non-refillable gas containers
	Subpart 5—Cylinder fittings
15.27	Restriction on import, manufacture, or supply of cylinder fittings
15.28	Cylinder valves
15.29	Outlet connection for cylinder valves
15.30	Cylinder valve design for particular gases
15.31	Cylinder overpressure protection for particular gases
15.32	Gas regulators
15.33	LPG regulator or LPG automatic changeover device
15.34	Overfill protection device for LPG cylinders
15.35	LPG valve outlet adaptors
15.36	Restrictions on imported and manufactured LPG fittings
15.37	Compliance certificate for imported and manufactured fittings
15.38	Duty of compliance certifier in relation to non-compliant fittings
15.39	Prescribed requirements relating to exemption from compliance certificate for imported and manufactured fittings
	Subpart 6—Labelling and marking
	Marking of cylinders and fire extinguishers
15.40	Markings for cylinders and fire extinguishers
15.41	Additional markings for cylinders containing dry gas
15.42	Additional markings for cylinders containing toxic gas
15.43	Marking size requirements
	Other markings
15.44	Tampering etc with markings on cylinder, cylinder fittings, or fire extinguisher
15.45	Cylinder valve markings
15.46	Cylinder regulator markings
15.47	Cylinder adaptor markings
15.48	Markings for LPG automatic changeover devices
15.49	Marking of fittings
15.50	Marking of aerosols
15.51	Marking of non-refillable gas containers
	Subpart 7—Testing of cylinders and fittings
15.52	Authorisation of test stations
15.53	Register of test stations
15.54	Suspension of test station authorisation
15.55	Cancellation of test station authorisation
15.56	Periodic tests
15.57	Other requirements of test stations
15.58	Consequences of test failure
15.59	Periodic testing of LPG valve and pressure relief device
15.60	Test station may mark cylinder to make it compliant
	Subpart 8—Charging gas containers and tank wagons, and cylinder repairs
15.61	Restrictions on charging cylinders
15.62	Restriction on charging aerosol containers
15.63	Restriction on charging non-refillable gas containers with certain gases
15.64	Restriction on persons who may charge gas containers
15.65	Approved fillers
15.66	Compliance certificate for approved fillers
15.67	Maximum filling ratio for cylinders and stationary tanks
15.68	Air in self-contained breathing apparatus
15.69	Charging cylinders and stationary tanks with liquefied gases
15.70	Cylinder charging for supply of LPG: connection requirements
15.71	Cylinder location for supply of LPG
15.72	Cylinder charging requirements
15.73	Tank wagon location requirements
15.74	Tank wagon size restrictions
15.75	Charging cryogenic containers
15.76	Developed pressure for permanent gases
15.77	Restriction on cylinders previously used for class 6.1 gases
15.78	Recharging cylinders
15.79	Charging cylinder or tank with carbon dioxide
15.80	Repair of cylinders
	Subpart 9—Records, recalls, withdrawals, and modifying list of design standards
15.81	Cylinder records
15.82	Special record for cylinders
15.83	Cylinder fittings record
15.84	Special record for cylinder fittings
15.85	Recalls and withdrawals
15.86	Modifying list of design standards for gas containers
	Part 16 Tank wagons and transportable containers
16.1	Interpretation
16.2	Application of Part 16
	Subpart 1—General requirements for tank wagons
16.3	Application of subpart 1
16.4	Compatibility
16.5	Markings
	Subpart 2—Design, construction, and installation requirements for large tank wagons with capacity of at least 2 000 L
16.6	Application of subpart 2
16.7	Ability to withstand stress of load
16.8	Pressure resistance
16.9	Fatigue resistance
16.10	Corrosion resistance
16.11	Tank impact resistance
16.12	Fittings impact resistance
16.13	Maximum compartment size
16.14	Emergency preparedness
16.15	Loss minimisation while transferring liquids or gases
16.16	Attachment of tank to chassis
16.17	Minimising risk of possible ignition
	Subpart 3—Requirements for large road tank wagons with capacity of at least 2 000 L
16.18	Application of subpart 3
16.19	Fuel tank requirements
16.20	Stability and manoeuvrability
16.21	Longitudinal surging
16.22	Rear-end collision protection
16.23	Rear run-under by small vehicle
	Subpart 4—Requirements for smaller road tank trailers with capacity of less than 2 000 L that carry liquids
16.24	Application of subpart 4
16.25	Design, construction, installation, and operation requirements
16.26	Road tank trailer impact resistance
16.27	Fittings impact resistance
16.28	Rear run-under
	Subpart 5—Transportable containers
16.29	Application of subpart 5
16.30	Requirements for UN approved containers
	Subpart 6—Compliance certification
16.31	Requirements for issue of design compliance certificates
16.32	Requirements relating to design compliance certificates
16.33	Record of designs
16.34	Requirements for issue of pre-commissioning compliance certificates
16.35	WorkSafe may approve tank wagon fabricators
16.36	Requirements for issue and renewal of in-service compliance certificates
16.37	Additional in-service compliance certificates
	Subpart 7—Operating requirements
16.38	Compatibility of hazardous substances carried
16.39	Filling tank wagons
16.40	Transfer of liquid or gas
16.41	When tank wagon may be left unattended
16.42	Requirements for fire extinguishers for road tank wagons with capacity of at least 2 000 L
16.43	Requirements for fire-fighting facilities and equipment for tank wagons containing LPG, propane, butane, or isobutane with capacity of at least 12 000 L
16.44	Prescribed requirements relating to exemption from fire-fighting facilities and equipment for tank wagons with capacity of at least 12 000 L
16.45	Persons with access
	Subpart 8—Additional and modified requirements
16.46	Additional and modified requirements for tank wagons
	Part 17 Stationary container systems
17.1	Application of Part 17
17.2	Interpretation
17.3	Accepted engineering principles and practice to be applied
	Subpart 1—General requirements for stationary container systems
17.4	General performance requirements for stationary container systems
17.5	Requirements when contained hazardous substances change
	Obligations and restrictions for above ground stationary tanks for hazardous liquids
17.6	Design, construction, and installation of above ground stationary tanks for hazardous liquids
	Pressure management
17.7	Design, construction, installation, and operation of above ground stationary tank for hazardous liquids for pressure management
17.8	Emergency pressure management for above ground stationary tank for flammable and oxidising liquids
	Lightning and stray current protection
17.9	Lightning protection for above ground stationary tank for flammable liquids
17.10	Earthing and bonding for above ground stationary tank for flammable liquids
	Liquid level indicators
17.11	Filling above ground stationary tank with hazardous liquids
17.12	Liquid level indicator required for above ground stationary tank for hazardous liquids
	Subpart 2—Above ground stationary tanks for gases
17.13	Design, construction, and installation of above ground stationary tank for gases
17.14	Above ground stationary tank for class 2.1.1 liquefied gas not to be in compound
	Pressure management
17.15	Design, construction, installation, and operation of above ground stationary tank for gases for pressure management
17.16	Emergency pressure management for above ground stationary tank for gases
	Subpart 3—Separation of above ground stationary tanks
	Tanks that contain hazardous substances of the same class
17.17	Tanks containing class 2.1.1 substances
17.18	Tanks containing class 3 substances
17.19	Separation between tanks designed and constructed to certain specifications
17.20	Tanks containing class 5, 6, or 8 substances
	Tanks that contain hazardous substances of different classes
17.21	Tanks containing class 2.1.1 substance
17.22	Tanks containing class 3 substance
17.23	Tanks containing class 6 or 8 substance
	Separation of chemically incompatible substances
17.24	Above ground stationary tanks containing chemically incompatible substances to have separate secondary containment systems
	Transfer point separation
17.25	Separation between transfer point and above ground stationary tank containing class 2.1.1 or 3 substance
17.26	Separation between transfer points
	Separation between tank wagon and above ground stationary tank
17.27	Tank wagon and above ground stationary tank containing class 2.1.1 substances
	Separation of above ground stationary tanks containing class 6 or 8 substances from protected places and public places
17.28	Location of tank containing class 6 substance
17.29	Location of tank containing class 8 substance
	Subpart 4—Below ground stationary tanks for hazardous liquids
17.30	Design and construction of below ground stationary tank for hazardous liquids
17.31	Installation of below ground stationary tank for hazardous liquids
	Pressure management
17.32	Design, construction, installation, and operation of below ground stationary tank for hazardous liquids for pressure management
	Liquid level indicator requirements
17.33	Filling a below ground stationary tank with hazardous liquid
17.34	Filling below ground stationary tank from tank wagon
17.35	Liquid level indicator requirements for below ground stationary tank for hazardous liquids
	Subpart 5—Below ground stationary tanks for gases
17.36	Design, construction, and installation of tank
	Pressure management
17.37	Design, construction, installation, and operation of tank for pressure management
17.38	Emergency pressure management
	Subpart 6—Disused below ground stationary tanks
17.39	Disused tanks
	Subpart 7—Fire-fighting equipment and facilities
17.40	Fire-fighting equipment and facilities must be available
17.41	Exemption from fire-fighting equipment and facilities requirements
17.42	Testing of fire fighting equipment and facilities
	Subpart 8—Process containers and equipment
17.43	Material for process containers and equipment
17.44	Liquid level indicators for process containers or equipment
17.45	Filling open process container
17.46	Overflow provision
	Subpart 9—Dispensers for retail sale of class 2.1.1, 3.1A, 3.1B, and 3.1C substances
17.47	Dispensers must be of approved type
17.48	Approval of types of dispenser
17.49	Record of approved type of dispenser
17.50	Removal of approved type of dispenser from record
17.51	Shutdown of dispenser
	Subpart 10—Vapourisers
17.52	Vapourisers must be of approved type
17.53	WorkSafe may approve types of vapouriser
17.54	Record of approved type of vapouriser
17.55	Removal of approved type of vapouriser from record
17.56	Other requirements for vapourisers
	Subpart 11—Installations for burning class 3.1 substance or substance approved by EPA
17.57	Installation of stationary container system
17.58	System to have automatic cut-off
17.59	Requirements for pipework of stationary container system
17.60	Requirements for heaters to transfer heat to hazardous substance
17.61	Heater for combustion of substance in stationary container system
17.62	Stationary tank for class 3.1A or 3.1B substances
17.63	Stationary tank for certain class 3.1C and 3.1D substances
17.64	Service tank in stationary container system
17.65	Stationary container system operational requirements
	Subpart 12—Burners
17.66	Record of burners not permitted for use
17.67	Approval of type of burner
17.68	Record of approved type of burner
17.69	Removal of approved type of burner from record
17.70	Installation requirements for burners
17.71	Operating instructions for burners
	Subpart 13—Pipework
17.72	Requirements for pipework
17.73	Installation of non-return valve for class 3.1 substance
17.74	Installation of transfer line between ship and stationary tank
	Subpart 14—Fittings
17.75	Valve for stationary tank containing hazardous substance
	Subpart 15—Marking and records
	Markings
17.76	Marking of stationary tanks
17.77	Renewal of stationary tank markings
17.78	Markings for pipework connected to above ground stationary tank in stationary container system
17.79	Renewal of pipework markings
	Records
17.80	Records for stationary container systems
17.81	Requirement to keep records for stationary container system
	Subpart 16—Repairs, alterations, and maintenance
17.81A	Inspection and testing of above ground stationary tank
17.82	Above ground stationary tank for storing hazardous liquids
17.83	Compliance certificate for above ground stationary tank can become invalid
17.84	Repair, alteration, testing, inspection, and maintenance of below ground stationary tank for hazardous liquids
17.85	Below ground stationary tank for hazardous liquids
17.86	Compliance certificate for below ground stationary tank can become invalid
17.87	Repair, maintenance, etc of equipment
17.88	Repair, maintenance, etc of process container
17.89	Compliance certificate for process container can become invalid
	Subpart 17—Compliance certification
17.90	Compliance certificate required for certain installed stationary container systems
17.91	Requirements for compliance certificate
17.92	Validity of compliance certificate for stationary container system
17.93	Certification of designs or fabricators
17.94	Duration of certification for fabricators
17.95	Record of certified designs and fabricators
17.96	Investigation and removal of design or fabricator
17.97	Information to be shown on compliance certificate
17.98	Requirement for more than 1 compliance certificate
	Subpart 18—Secondary containment
17.99	Requirement to have secondary containment system for pooling substances
17.100	Secondary containment for above ground stationary containers
17.101	Secondary containment for below ground stationary containers
17.102	Secondary containment systems for storage of class 3.1 substances in above ground stationary tank
17.103	WorkSafe may increase capacity of tanks in secondary containment systems
17.104	WorkSafe may increase aggregate capacity for groups of stationary tanks
	Subpart 19—Additional and modified requirements
17.105	Additional and modified requirements for stationary tanks
	Part 18 Laboratories
18.1	Interpretation
18.2	Application
	Laboratory design requirements
18.3	Parts of laboratory to be impervious to hazardous substances
18.4	Design of laboratory
18.5	Entry to laboratories
	Recording of hazardous substances
18.6	Recording of hazardous substances in laboratory
18.7	Additional recording and notification requirements respecting sodium fluoroacetate
	Importation of sodium fluoroacetate
18.8	Requirements respecting importation of sodium fluoroacetate
	Handling, packaging, and storage of hazardous substances
18.9	Handling, packaging, and storage of approved hazardous substances
18.10	Handling, packaging, and storage of unapproved hazardous substances
18.11	Specifications of small containers
	Personnel requirements for laboratories
18.12	Laboratory manager
18.13	Skill and knowledge requirements for laboratory managers
18.14	Knowledge requirements for persons handling hazardous substances
	Emergency response plans
18.15	Emergency response plan requirements
	Part 19 Tracking hazardous substances
19.1	Interpretation
	Application
19.2	Application of Part 19
19.3	Adding to list of hazardous substances that do not require tracking
	Requirements to track hazardous substances
19.4	Tracked substances recording information
19.5	Requirement to make record available
19.6	Retention of records
19.7	Transfer of tracked substance
	Part 20 Consequential amendment to other health and safety at work regulations
20.1	Consequential amendment to Health and Safety at Work (General Risk and Workplace Management) Regulations 2016
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Hazardous substances compliance fees
	Schedule 3 Quantities of hazardous substances that require signage
	Schedule 4 Quantities of hazardous substances that require fire extinguishers
	Schedule 5 Threshold quantities for emergency response plan
	Schedule 6 Maximum quantities of certain class 1 to 5 substances permitted on passenger service vehicles
	Schedule 7 Licensing requirements for class 1 substances
	Schedule 8 Matters relevant to class 1 substances
	Schedule 9 Matters relevant to class 2, 3, and 4 substances
	Schedule 10 Matters relevant to class 5.1.1 and 5.1.2 substances
	Schedule 11 Matters relevant to class 5.2 substances
	Schedule 12 Calculation of separation distances
	Schedule 13 Class 6.1 substances that require controlled substance licence
	Schedule 14 Quantities of certain class 6 and 8 substances that must be secured if left unattended
	Schedule 15 Incompatible substances
	Schedule 16 Threshold quantities for secondary containment of class 6, 8, and 9 substances
	Schedule 17 Minimum separation distances for stores of packaged class 6.1 substances
	Schedule 18 Matters relevant to fumigants
	Schedule 19 Compliance certificates for imported UN Model Regulations cylinders
	Schedule 20 Capacity of containers containing gases under pressure
	Schedule 21 Design standards for gas containers
	Schedule 22 Intervals from manufacture for periodic tests and certificates
	Schedule 23 Forces able to be resisted by attachment of tank to chassis
	Schedule 24 Requirements for design, pre-commissioning, and in-service compliance certification of tank wagon
	Schedule 25 Separation distances for above ground stationary tanks
	Schedule 26 Tracking of hazardous substances
	Schedule 27 Information to be included in record of tracked substance
	Gazette Information
	Notes

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