Health and Safety at Work (Hazardous Substances) Regulations 2017

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