Health and Safety at Work (Hazardous Substances) Regulations 2017

13.43 Minimum separation between protected places and hazardous substance locations containing packaged class 8.2A or 8.2B substances

(1)

A PCBU with management or control of a hazardous substance location containing packaged class 8.2A or 8.2B substances in quantities exceeding the maximum quantities specified in regulation 13.38 must ensure that the substances are separated from protected places in accordance with this regulation.

(2)

If the location is a store where packages containing the substances are opened,—

(a)

the minimum separation distance for class 8.2A substances is 10 m from a protected place:

(b)

the minimum separation distance for class 8.2B substances is 5 m from a protected place.

(3)

If the location is a store where packages containing the substances remain closed,—

(a)

the minimum separation distance for class 8.2A substances is 5 m from a protected place:

(b)

the minimum separation distance for class 8.2B substances is 3 m from a protected place.

(3A)

Subclause (1) is subject to subclauses (3B) and (4).

(3B)

If the protected place is on-site and an integral part of the system of storage and handling of packaged class 8.2A or 8.2B substances, the minimum separation distances are those determined by WorkSafe under regulation 13.43A, if—

(a)

the PCBU takes alternative measures to control hazards and risk associated with the proximity of the packaged class 8.2A or 8.2B substances to the protected place; and

(b)

those alternative control measures are taken in accordance with WorkSafe’s determination under that regulation.

(4)

In any retail shop to which the public has access and that holds packaged class 8.2A or 8.2B substances for retail sale, the relevant minimum separation distance from and within the building is zero, but only while all packages containing the substances remain closed.

(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.

Regulation 13.43 heading: amended, on 5 January 2022, by regulation 38(1) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).

Regulation 13.43(1): amended, on 5 January 2022, by regulation 38(2)(a) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).

Regulation 13.43(1): amended, on 5 January 2022, by regulation 38(2)(b) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).

Regulation 13.43(2): amended, on 5 January 2022, by regulation 38(3) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).

Regulation 13.43(3): amended, on 5 January 2022, by regulation 38(3) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).

Regulation 13.43(3A): inserted, on 5 January 2022, by regulation 38(4) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).

Regulation 13.43(3B): inserted, on 5 January 2022, by regulation 38(4) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).

Regulation 13.43(4): amended, on 5 January 2022, by regulation 38(5) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).