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Hi , in issue two:
  • Issuing HSNO certificates for non-workplaces holding LPG
  • Compliance certifier authorisation applications
  • HAZCHEM code for LPG
  • HAZCHEM signs at petrol stations
  • Do maraes need a compliance certificate?
  • Compliance certifier workshops
  • Information and procedures performance standard
  • Sign up for our hazardous substances newsletter
Issuing HSNO certificates for non-workplaces holding LPG
The following advice has been provided by the Environmental Protection Authority (EPA).
 
Compliance requirements for non-workplaces holding 100-300 kg LPG
 
The requirements for non-workplaces holding LPG are set in the Hazardous Substances (Hazardous Property Controls) Notice 2017 (the HPC Notice) issued by the EPA.   
 
Non-workplaces holding between 100 kg and 300 kg LPG do not have the option of obtaining a HSWA compliance certificate from a compliance certifier. The only option available to non-workplaces with this quantity of LPG is to obtain a compliance plaque, issued under clause 27 of the HPC Notice by the gas supplier. It is permissible for a gas supplier to commission someone else to issue the compliance plaque on their behalf. 
 
Compliance requirements for non-workplaces holding greater than 300 kg LPG
 
Non-workplaces holding greater than 300 kg must obtain a HSNO certificate issued under clause 28 of the HPC Notice. This certificate is issued under the HSNO Act not the Health and Safety at Work (Hazardous Substances) Regulations 2017 (the HS Regulations).
 
A HSNO certificate may only be issued by a WorkSafe authorised compliance certifier.
 
The HSNO certificate should include words similar to:
 
'This certificate has been issued pursuant to section 82(a) of the HSNO Act 1996. It certifies that the relevant requirements have been met for the location and substance as required by clause 28 of the Hazardous Property Controls Notice 2017'. 
 
Record of HSNO certificates 
 
The EPA keeps a record of all HSNO certificates (and compliance plaques) issued to non-workplaces. 
 
A compliance certifier must email the EPA a copy of each HSNO certificate they issue to hscompliance@epa.govt.nz 
 
The HSNO certificate must contain the following information:
  • Unique HSNO certificate number
  • Name and approval number of compliance certifier
  • Quantity of LPG held
  • Street address of location where LPG is held
  • Date certificate issued
  • Date certificate expires
 
If you have any questions regarding HSNO certificates, please direct them to hscompliance@epa.govt.nz.
 
You must not enter HSNO certificates into the WorkSafe Register of compliance certificates. If you have inadvertently done so, please contact certificatesregister@worksafe.govt.nz.  
Compliance certifier authorisation applications
The HS Regulations provide for a compliance certifier’s authorisation to remain in force if a complete renewal application has been received by us at least 20 working days prior to the expiry date.
 
A complete application includes:
  • a completed application form
  • a fit and proper assessment form
  • payment of the prescribed fee 
The fee is $415 (incl GST) for a renewal without changes or $998 for a renewal with changes to the scope of authorisation.
 
If the application is not received as detailed above, the authorisation will lapse on its expiry date and the provisions of regulation 6.14(5) will not apply. Any application received fewer than 20 working days before the expiry date or after the expiry date is a new application and is therefore subject to the application fee of $830, including GST.  
 
HAZCHEM codes for LPG

Fire and Emergency NZ (FENZ) recently attended an incident in Picton where there was a large LPG leak. They found the incorrect HAZCHEM code had been used for LPG. 

Using the incorrect HAZCHEM Code for LPG is particularly dangerous for firefighters as they are being advised to wear a liquid protective suit (essentially a plastic splash suit) in potentially explosive situations rather than the correct fire-fighting clothing and equipment.  

2YE is the correct code for LPG. 

Y = Breathing apparatus and firefighting gear. 

Some signs sold in NZ say 2WE, where W = splash suits.

HAZCHEM codes are designed primarily around the transportation of bulk goods. However, they are widely used to signify the presence of hazardous substances including at bulk package stores. The most important thing is that the codes are accurate for the substances held.

Ensure that the correct signage is used when you carry out an assessment for a Location Compliance Certificate where LPG is being held. The HS regulations do not require HAZCHEM codes but there is the mandated requirement for the word HAZCHEM to be on the sign.

Any further queries should be directed to technicall@mbie.govt.nz 

The HAZCHEM Codes resource can be found on the National Chemical Emergency Centre website. 
HAZCHEM signs at petrol stations

HAZCHEM signage is a change from the previous legislation. 

Under the HS Regulations there are minor variations to signage requirements at petrol stations however they now require HAZCHEM signs under regulation 2.6(5) along with every other hazardous substance location. 

You may see HAZCHEM on the dispensers along with the pictogram and warning information.
Do maraes need a compliance certificate?

The question has been asked: does a marae holding between 100-300 kg of LPG need a HSWA location compliance certificate or a HSNO certificate?

The answer to this question will depend on the particular circumstances at each marae. 

If the marae is a place where work is being carried out, or is customarily carried out, it will be a workplace. It is possible that, during the course of a year, a marae may at times be a workplace and at other times not a workplace.

It is likely that many marae (not necessarily all) will at some time be a workplace. For example, a marae may undertake a variety of work activities (not necessarily for monetary gain), which makes them a workplace.  

However, the duty to obtain a hazardous substance location compliance certificate focuses on whether there is a business involved rather than whether a marae is a workplace. If the marae is run by a group of volunteers, there is no PCBU and there will not be one unless they employ someone to carry out work for them. Note the word “employ” - engaging a contractor to fix the wiring does not qualify.

A compliance certifier may justifiably issue a HSWA compliance certificate for a marae even if the marae is a workplace only for a part of the year provided there is a PCBU involved. 

It is also reasonable for a compliance certifier to err on the side of caution and if it is their view or understanding that the marae is operated by a PCBU conduct an assessment and if compliant issue a compliance certificate under HSWA.    
Compliance certifier workshops
Compliance certifier workshops will be held in mid-October. The dates and locations are as follows:
  • Wellington, Tuesday 16 October 
  • Christchurch, Thursday 18 October 
  • Auckland, Wednesday 24 October 
  • Auckland, Thursday 25 October.
Please block out one of these dates in your diary now.
 
Proposed topics include:
  • Energy safety presentation on the overlap between Electricity (Safety) Regulations and the HS Regulations
  • Fire & Emergency New Zealand presentation and discussion
  • Personal protective equipment.
More information will follow.
Information and procedures for compliance certifiers performance standard

Consultation on the first of the performance standards (Information and procedures for compliance certifiers) has closed.

Thank you to everyone who put in a submission, we appreciate the time and thought that went into these. The submissions have been collated and will be published on the website along with the performance standard once it is issued.

Certified handlers and Locations performance standards will be the next ones available for consultation. We will let you know when they are available. 
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