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Hazardous substances safe work instruments - consultation now open
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The following safe work instruments are open for public consultation until Friday 8 September:
- Polyethylene above ground stationary tanks for diesel fuel
- Management of pre-2006 stationary container systems up to 60,000 L
- Filling of below ground petrol tanks by pumping
- Design and construction of above ground stationary tanks to ULC-ORD-C80.1-2000
- Action taken in relation to disused below ground tanks on farms
- Markings for pipework connected to above ground stationary tanks
- Reduced secondary containment for certain above ground stationary tanks
- Specification of standard relating to non-refillable containers
- Thermoplastic stationary tanks
- Above ground stationary tanks connected to a generator set
- Above ground rotationally-moulded polyethylene stationary tanks
- Additional and modified requirements for specified Class 6 and 8 substances
- Modified requirements for specified fumigants
To view the public consultation document, proposed safe work instruments and submission forms visit our website.
The deadline for receipt of all submissions is 5pm on Friday 8 September.
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Reference to Regulations on certificates from 1 December
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Compliance certificates issued by Compliance Certifiers and dated from 1 December must contain references to the relevant HSW (Hazardous Substances) Regulations, rather than HSNO regulations such as Personnel Qualifications or Classes 1 to 5 Controls Regulations. Similarly HSNO Codes of Practise cannot be referenced in certificates issued and dated after 1 December.
Test certificates issued by test certifiers and dated prior to 30 November should reference HSNO legislation. Test certificates will be transitioned in a similar way to Test Certifiers.
Keep this in mind in the months leading up to the go-live date of the new HSW (Hazardous Substances) Regulations.
We have a project to provide all test certifiers with information which equates clauses in the current HSNO Regulations to clauses in the HSW (Hazardous Substances) Regulations. For support in the interim contact hsinfo@worksafe.govt.nz.
Note: 'Person in charge' will be consigned to the history books. PCBU (person conducting a business or undertaking) is the new terminology.
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Test certifier workshops
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Many thanks to all of you who attended the regional workshops in June.
We will be holding another round of regional one-day workshops in September on the following dates:
- Wellington – Tuesday 5 September
- Auckland – Wednesday 6 September
- Christchurch – Tuesday 12 September.
At this stage, the workshop will cover topics relating to the new HSW (Hazardous Substances) Regulations including:
- Signage, safety data sheets, inventory, calculator and tracking requirements
- Part 15 – Gases under pressure
- Applications for waivers
- An update from the EPA on HSNO and EPA Notices
The dates and locations are confirmed and we are looking forward to seeing you there.
We will also be holding another round of one-day workshops for test certifiers in November:
- Wellington – Tuesday 7 November
- Christchurch – Thursday 9 November
- Auckland – Wednesday 15 November
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Internal inspections on stationary tanks
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Where a stationary tank has an internal inspection programme, a stationary container system test certificate should not be issued beyond the date of the next internal inspection.
For above ground stationary tanks over 250,000 litres, inspections must be carried out according to API 653 or EEMUA 159 (Schedule 8, clause 83(2) of Gazette Notice). As part of the internal inspection process, the corrosion rate and other factors are used to determine the service term of the tank.
Aligning test certificates for stationary tanks with the internal inspection date corresponds with the requirement for consistency with accepted engineering principles and practices (Schedule 8, clause 5) and an implicit requirement under clause 93(1)(a) for determining the validity period of the test certificate.
By issuing a test certificate past the date of the internal inspection, a PCBU may assume that this means they can continue to use the stationary tank without the need to undertake the internal inspection within the required period. Clearly, not following a maintenance schedule is not acceptable practice.
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Tubepress/Europress pipework fittings - update
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Following the information included in the test certifier update, issue 09/2017, there has been further information supplied by the New Zealand distributors of these fittings.
This information has been conveyed to representatives of the two organisations who represent test certifiers – HSPNZ and NZIHSM – for technical input into this matter. Both organisations have given consideration to the suitability of the use of these fittings with diesel tanks.
At this stage, our previous advice still stands: In the absence of evidence of compliance, a prudent and cautious approach is warranted.
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Horizontal tanks
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It has come to our attention that at some sites horizontal tanks are being located end to end.
We draw your attention to clause 5.7.6(c) in AS 1940 The storage and handling of flammable and combustible liquids which states: “tanks shall not be arranged end-to end unless the potential for end failure and the resulting exposure hazard has been taken into account when determining the tank’s locations."
Schedule 8 clause 5 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 requires accepted engineering practice to be applied. Hence when verifying a site for issuing a stationary container certificate the practice of locating tanks end to end must be considered in this context.
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Separation distance across site boundary
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Certifiers will inevitably come across situations whereby the separation distance extends over the site boundary. This can occur with warehouses storing packed hazardous substances, tanks containing bulk hazardous substances, and detached workrooms.
It occurs with substances that require controlled zones (Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances Transfer Notice) Schedule 10 Part 3) as well as those which do not require controlled zones (Schedule 10 Part 2).
Clause 32 of Schedule 10 requires agreement with the neighbour when the separation distance (for either HILU or LILU) extends across the site boundary.
The verification of Schedule 10 is required as one of the steps in verifying the site details prior to issuing a location test certificate. Hence, when the separation distance extends across the site boundary, an agreement with the neighbour is required prior to a location test certificate being issued.
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Update on EPA Notices
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The EPA has been progressing with its work on developing a suite of EPA Notices. EPA Notices are a new legal instrument for setting controls that are legally binding, and will replace a number of existing HSNO regulations. EPA Notices are issued by the EPA Board rather than approved by Cabinet.
Two EPA Notices are already in force. A further nine notices are due to come into force on 1 December to coincide with the new HSW (Hazardous Substance) Regulations, one of these being an amendment notice to the existing Importers and Manufacturers Information Notice.
Seven of these nine notices were issued by the EPA Board last month and are now available on the EPA website so that there is an opportunity to view them before they come into force.
Two further notices are due to be issued by the EPA Board in September, and will be published on the EPA website. One of these notices is the Hazardous Substances (Hazardous Property Controls) Notice and of particular importance to test certifiers as it includes a requirement for non-workplaces holding large quantities of hazardous substances to be certified. For example non-workplaces holding greater than 300 Kg LPG will need a HSNO certificate issued by a certifier authorised under HSW (Hazardous Substances) Regulations. Other types of certificates may also need to be issued to certain non-workplaces, e.g. stationary container system certificates. The EPA is currently considering how the new certification provision will work in practice and will keep you informed through this channel and via email.
The Hazardous Property Controls Notice also includes new provisions to ensure users of certain highly eco-toxic pesticides are suitably qualified. These new qualification provisions are intended to replace the class 9 approved handler control, and will cover use of agrichemicals as well as pesticides used in urban pest management.
Two EPA Notices already in force:
Seven notices were issued in August and are coming into force on 1 December:
Two notices are to be issued in October and are coming into force on 1 December:
- Hazardous Substances (Labelling) Notice 2017
- Hazardous Substances (Hazardous Property Controls) Notice 2017
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Update from NZIHSM
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This is an interesting time to be involved in chemicals in New Zealand and at our recent meeting the NZIHSM executive decided that as per the past 15 years, NZIHSM is still to be managed by test certifiers. However we would also continue to involve all health and safety professionals including users, designers and enforcers so that we can all make consistent decisions together.
Also our Winter Flashpoint is now available where, amongst other items, our team have carried out a detailed analysis of the new HSW (Hazardous Substance) Regulations and what it can mean to test or compliance certifiers.
If you haven’t seen a copy, send an email to Linda at office@nzihsm.org.nz.
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Update from HSPNZ
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HSP(NZ) Inc. continues to grow; membership now over 50 (40 test certifier professional members and a number of associate members joining from various fields such as national consultants on hazardous substances, electrical inspectors and chemical industry professionals).
It is a hectic time with the number of draft submissions required and we urge any certifiers to contact us if they feel they would need to comment on the new Regulations, safe work instruments, or any other related issues.
We have recently held our second set of regional meetings in Auckland, Tauranga, and Christchurch, with good representation from both test certifiers and other hazardous substances professionals. There was robust discussion on the new Regulations and many questions arising, which will be forwarded to WorkSafe for comment.
There was also a good presentation of changes to the legislation presented by BECA, at the two North Island venues.
The issues around electrical certification of hazardous areas were also discussed and both Tauranga and Christchurch had Hazardous Substance Electrical Inspectors guest speakers to present discussion around certification and approval: Record of Inspection, Certificate of Compliance and Periodic Re-Verification Inspection. HSPNZ will be working with their organisation to see if we can help each other with compliance of hazardous substances sites.
We are hoping to arrange our second AGM in November and will advise all test certifiers in due course.
In the meantime, we encourage any certifiers or interested professionals to join up and let us lend a helping hand to ensure a safe working environment for industry and our members. Please contact sec@hspnz.co.nz.
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New health and safety toolkit
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On 1 June at the Safeguard conference, Workplace Relations and Safety, and ACC Minister Michael Woodhouse announced that a new health and safety toolkit will soon be available for New Zealand businesses. It is called SafePlus and is a jointly developed initiative by WorkSafe, ACC and MBIE.
SafePlus provides an authoritative and nationally recognised definition of what good health and safety performance looks like - above minimum legal compliance - and provides tailored advice and guidance on how to improve.
At the heart of SafePlus is a framework that defines 10 performance requirements that are fundamental to achieving good health and safety performance. These are organised into three core elements: leadership, worker engagement, and risk management, underpinned by continuous improvement.
SafePlus will be available as three separate products:
- Resources and guidance online, available in September
- Independent Onsite Assessment and Advisory Service delivered by independent accredited assessors, available in October
- Online self-assessment for small businesses, available mid-2018
The value of SafePlus comes from the independent assessment and supporting guidance; it is not a compliance tool.
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