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Update your business practices to get ready for upcoming privacy law changes
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The Ministry of Business, Innovation and Employment has recently published advice on changes to the Privacy Act which is relevant to compliance certifiers.
If you collect, store or use personal information about your employees and/or customers, here’s what you need to know:
- Appoint a privacy officer. Every business should have a privacy officer, according to the Privacy Act. This is someone who has a general understanding of the Act and can deal with privacy issues when they arise
- Review your privacy statement and make sure it’s up to date. If you don’t have one, the Office of the Privacy Commissioner has a free tool to help you create a privacy statement that tells people how you will be collecting, using and disclosing their information
- If a customer or employee requests their information, you are required to respond to that request within 20 working days. Make sure you have a process in place to handle customer requests for information held about them. If someone requests their personal information held by a business, the business cannot destroy the information in order to avoid providing it
- Businesses using service providers based overseas, like cloud software, will need to make sure their providers are meeting New Zealand privacy laws. If you use an overseas-based service provider ask the provider how they’re meeting New Zealand privacy laws
- Make sure you hold and use personal information in a safe and secure way and dispose of it securely when you have finished with it
- Businesses will need to report serious privacy breaches.
The Office of the Privacy Commissioner has online learning modules that you and your staff can go through to become more familiar your legal privacy responsibilities. The Privacy ABC and Privacy 101 modules are quick and easy introductions to the Privacy Act.
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Certified handler certificates for the workplace
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The question has been asked, does a compliance certificate need to be renewed when a person changes employer?
If the employer operates at a different workplace then the worker would need to be assessed against the legislative requirements and a new certified handler compliance certificate issued.
The Hazardous Substances Regulations tie certified handler compliance certificates to a specific workplace (regulation 4.3(1)) – therefore the workplace should be listed on the certificate and addressed as part of the scope of certification.
The Certified Handler of Class 6 Substances Compliance Certification performance standard broadens this a little to allow multiple workplaces to be listed, if this is within the applicant’s knowledge and skill to safely operate at multiple sites at the time of assessment.
As the clauses in the performance standard are mandatory, it includes the “if applicable” wording in case a person genuinely cannot be linked to a specific workplace (e.g. for explosives – building demolition at varying sites across New Zealand). This would be in special circumstances rather than the norm.
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Forklifts in hazardous areas
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Regulation 10.26(4)(c) requires the PCBU to establish and maintain hazardous areas in line with regulation 10.6, which in turn leads to AS/NZS 60079.10.1:2009. Classification of areas - Explosive gas atmospheres.
Compliance certifiers are required under regulation 10.34(1) to verify compliance with regulations 10.6 and 10.26(4), ie, that hazardous areas are established, maintained and documented.
Warehouses storing class 3.1 flammable liquids typically have a zone 2 hazardous area around the flammable liquids. Forklift trucks that operate in this hazardous area are therefore required to be suitable, and in order to ensure the hazardous areas are maintained, documentation should be available and checked to show forklifts can operate in zone 2.
As forklift trucks are not mains connected (apart from electric units when they are being charged) they are not typically subject to the Electricity (Safety) Regulations.
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Hazardous areas drawings for LPG installations
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Under regulation 10.6, a PCBU must establish a hazardous area that complies with AS/NZS 60079.10.1:2009 (above the threshold quantities in that standard).
Under regulation 10.34(1)(d) a compliance certifier must verify that any required hazardous area has been established and the extent of the hazardous area is documented.
Under regulation 10.26(4) the PCBU must ensure that the site plan shows all hazardous areas within the workplace, and the hazardous area is established and maintained.
Under regulation 10.34(1)(i) a compliance certifier must verify that any hazardous area has been established and maintained, and the site plan shows all hazardous areas.
A site plan is a drawing (in scale) showing the workplace. It is suitable to include insets on the site plan which depict the extent of the hazardous area.
Best practice is that site plans of LPG installations would include a three dimensional figure or a plan view and elevation that adequately shows the type and extent of the hazardous area at that site.
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Notification of third party auditors
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As discussed at the compliance certifier workshops held in June, the Information and Process Requirements for Compliance Certifiers performance standard requires a certifier who engages or employs another person to undertake assessments on their behalf to notify WorkSafe. Additionally, WorkSafe must be notified when the person is no longer engaged or employed.
These notifications must include the information listed in clause 18 of the performance standard, and this information must be sent to hsapplications@worksafe.govt.nz. There is no standard notification form to use, an email with the relevant information is sufficient.
If you employ or engage another person to undertake assessments or site visits on your behalf this process must be followed.
Many thanks to those certifiers who are already following this process.
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New safe work instruments
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WorkSafe has developed three new SWIs that come into effect on 16 September 2019.
The three new SWIs are:
- Health and Safety at Work (Hazardous Substance – Specification of Design Standards for Refillable Cylinders) Amendment Safe Work Instrument 2019, which specifies design standards for refillable cylinders
- Health and Safety at Work (Hazardous Substance – Specification of Design Standards for Low-Pressure Fire Extinguishers) Safe Work Instrument 2019
- Health and Safety at Work (Hazardous Substances – Above Ground Stationary Tanks Connected to A Generator Set) Amendment Safe Work Instrument 2019, which specifies the design and construction of an above ground stationary tank connected to a generator set.
The SWIs have now been published and are available on our website.
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Biodiesel HSNO classification
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100% biodiesel is not classified as a hazardous substance under the Hazardous Substances and New Organisms Act (HSNO).
There are two HSNO approvals covering blends of biodiesel/diesel:
HSR001441: Diesel fuel (automotive gas oil and marine diesel fuel). Classification is 3.1D, 6.1E, 6.3B, 6.7B, 9.1B
This approval covers blends of biodiesel / mineral diesel comprising up to 20% biodiesel.
HSR007902: B21-B99 biodiesel/mineral diesel blends. Classification is 3.1D, 6.1E, 6.3B, 6.7B, 9.1B.
This approval covers blends of biodiesel / mineral diesel comprising 21% - 99% biodiesel.
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