The first article in this series outlined what Safe Work Instruments (SWI) are, and the two types that are being developed to come into force at the same time as the new Hazardous Substances Regulations.
This article focuses on the SWIs that replace codes of practice approved under the Hazardous Substances and New Organisms (HSNO) Act. Which codes of practice will be replaced by a SWI? What happens to the ones that aren’t? What is the status of a SWI under the Health and Safety at Work Act?
HSNO codes of practice to be replaced by SWIs
The new Hazardous Substances Regulations provide SWIs to detail alternative ways to comply with requirements in the regulations, in places where HSNO codes of practice do this under the corresponding HSNO provisions.
Persons conducting a business or undertaking (PCBUs) who currently comply with requirements by adhering to a code of practice will be non-compliant from 1 December, unless an SWI continues the same alternative compliance options under the new Hazardous Substance Regulations.
We have identified 11 SWIs in this category; all of which relate to stationary container systems. These are set out in the following table.
Working Title |
Purpose |
Polythene above ground stationary tanks for diesel fuel |
Replace HSNO COP 11: Design and construction of above-ground rotationally-moulded tanks for automotive diesel fuel |
Management of pre-2006 stationary container systems |
Replace HSNO COP 13: Management of existing stationary container systems up to 60,000 litres capacity |
Filling of below ground petrol tanks by pumping |
Replace HSNO COP 14: Filling of below-ground petrol tanks by pumping |
Design and construction of above ground stationary tanks to ULC-ORD-C80.1-2000 |
Replace HSNO COP 17: Design and construction of above-ground non-metallic stationary tanks to ULC-ORD-C80.1-2000 |
Action taken in relation to disused below ground tanks on farms |
Replace HSNO COP 19: Disused below-ground tanks on farms |
Markings for pipework connected to above ground stationary tanks |
Replace HSNO COP 21: Pipework marking for class 3.1 flammable liquid fuels in storage depots. |
Above ground stationary containers with integral secondary containment |
Replace HSNO COP 24: Above ground stationary tanks with integral secondary containment |
Specifying ISO11118 for non-refillable containers |
Replace HSNO COP 46: Non-refillable cylinders manufactured to BS EN 12205: 2001 (and update the standard specified) |
Thermoplastic stationary tanks |
Replace HSNO COP 4: Thermoplastic stationary tanks and process containers for hazardous liquids with class 5, 6, 8 and 9 hazard classifications; and replace HSNO COP 56: Design and construction of thermoplastic tanks for class 6, 8 and 9 hazardous liquids |
Above ground stationary tanks connected to a generator set |
Replace HSNO COP 60: Stationary container systems connected to a generator set |
Rotationally-moulded polyethylene storage tanks for non-flammable hazardous substances |
Replace HSNO COP 61: Rotationally moulded polyethylene storage tanks for non-flammable hazardous substances |
There are currently 51 other approved HSNO codes of practice. SWIs are not needed to replace these since they:
- do not deal with workplace health and safety
- consist mainly of guidance
- have been incorporated into the new Hazardous Substance Regulations
- have been overtaken by industry developments
- will be replaced by an exemption under s220 of HSWA.
Status of SWIs made under HSWA
A SWI is a type of subordinate instrument (sometimes called tertiary legislation) that sits below a regulation. Where a PCBU chooses to comply with a SWI that sets alternative requirements to those in a regulation:
- the PCBU must comply with the SWI
- compliance with the SWI will be treated as compliance with the regulations
- contravening an obligation in the SWI is a similar offence to contravening the obligation in the regulation.
SWIs to replace HSNO codes of practice are not the only type of SWI for hazardous substances that must be in place by 1 December. The next article in this series will describe the other type of SWI that we are developing for 1 December. It will cover how to apply additional or modified controls for class 6 substances (including fumigants) that have been set by the Environmental Protection Authority since the Hazardous Substances Regulations were drafted.
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