Health and Safety at Work (Hazardous Substances) Regulations 2017

13.43A Reduction of separation distances required by regulations 13.41 and 13.43

(1)

This regulation applies to a PCBU who proposes to take alternative control measures so that reduced separation distances will apply under regulation 13.41(1B) or 13.43(3B).

(2)

The PCBU must engage a compliance certifier who is authorised to certify compliance under regulation 13.38 to provide a report on—

(a)

the appropriateness of the proposed alternative controls; and

(b)

the extent to which minimum separation distances may be reduced.

(3)

The compliance certifier must—

(a)

inspect the site; and

(b)

consider all relevant information provided by the PCBU; and

(c)

prepare a report that gives the compliance certifier’s view on—

(i)

the location and operation of the protected place for the purposes of regulation 13.41(1B) or 13.43(3B) (as applicable); and

(ii)

the appropriateness of the proposed alternative controls; and

(iii)

the extent to which minimum separation distances may be reduced; and

(d)

give the report to the PCBU.

(4)

On receiving the report, the PCBU may apply to WorkSafe to determine, for the purposes of regulation 13.41(1B) or 13.43(3B) (as applicable),—

(a)

whether the proposed alternative controls are appropriate; and

(b)

if so, the reduced minimum separation distances that are to apply.

(5)

The PCBU’s application must—

(a)

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

(b)

be accompanied by a copy of the compliance certifier’s report.

(6)

WorkSafe must consider the application and, in doing so, must have regard to the following matters:

(a)

the compliance certifier’s report:

(b)

the nature and seriousness of hazards and risk associated with the hazardous substances at the workplace:

(c)

in relation to workers at the workplace who may be affected by the hazards and risk,—

(i)

their number; and

(ii)

their work activities; and

(iii)

the information, training, and instruction about the hazards and risk that they have received:

(iv)

the distances between places where workers ordinarily carry out their work and the relevant substances involved in their work:

(d)

the expected effectiveness of the controls to eliminate or minimise the risk associated with the reduced separation distances:

(e)

the presence and effectiveness of any fire protection measures at the workplace, including the fire-resistance rating of any structure (for example, a wall, floor, ceiling, or door) that contains the hazardous substances:

(f)

the presence and effectiveness of any other emergency equipment, facilities, and procedures at the workplace, including in relation to—

(i)

the containment of any spill of a hazardous substance; and

(ii)

the ability of workers and other persons to safely exit the workplace:

(g)

any further matters specified in a relevant safe work instrument.

(7)

WorkSafe may—

(a)

determine—

(i)

that the proposed alternative control measures are appropriate; and

(ii)

the reduced minimum separation distances that are to apply; and

(b)

impose any conditions on the determination that WorkSafe considers appropriate; and

(c)

give the PCBU written notification of the determination.

Regulation 13.43A: inserted, on 5 January 2022, by regulation 39 of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).