Welcome to this issue of the hazardous substances newsletter.

• Operating safely within the COVID-19 Protection Framework
• Amendments to the Hazardous Substances Regulations
• Performance Standard for compliance certifiers
• Worker Exposure Standards and Biological Exposure Indices review
• Review of Restricted Entry Intervals for pesticides
• Guidance update
• Training for compliance certifier requirements
• Recent sentencings
• A day in the life of an occupational hygienist

New Zealand moved to the COVID-19 Protection Framework, also known as the traffic lights, on 3 December. It replaced the Alert Level system, and provides more flexibility for businesses as the country moves to managing COVID-19 in the community.

You can find information on our website about our enforcement approach to the COVID-19 Pandemic, information for workers, and our interim guidance on how to decide what work requires a vaccinated employee.

There is comprehensive guidance on the COVID-19 Protection Framework on the business.govt.nz website.

MBIE has finalised its amendments to the Health and Safety at Work (Hazardous Substances) Regulations 2017 (the Regulations). The amendments came into force on 5 January 2022.

Most of the amendments address minor drafting details identified after the Regulations came into effect. Others ensure consistency between requirements, especially those that address similar matters. There are also updates to the versions of certain standards.

A smaller group of amendments address technical issues arising from the transfer of requirements from the Hazardous Substances and New Organisms Act 1996 to the Regulations, including in the:

• separation distances for the storage of toxic (class 6) and corrosive (class 8) substances
• storage of LPG, particularly in pre-2004 tanks and filling stations, and in pre-2010 tanks
• storage of flammable liquids, including paints and other surface coatings in retail shops

The amendments are now available on the New Zealand Legislation website, here. When the amendments come into force, the current regulations will be updated to include them.

WorkSafe will update its guidance to incorporate the amendments. We will also provide more specific guidance for some amendments, such as those that deal with the separation distances for the storage of class 6 & 8 substances.

The Location Compliance certification performance standard for classes 2-6 and 8 substances is now available on our Website. 

This performance standard is intended to ensure consistent and transparent decision making and covers:

• the process for compliance certifiers when verifying the prescribed requirements for location compliance certificates
• the actions which the compliance certifiers must take 
• the records which the compliance certifier must make, including the reasons for making a decision to issue or not to issue a location compliance certificate 
• what information must be stated on the location compliance certificate.

We are proposing changes to the Workplace Exposure Standard (WES) of 30 substances and the Biological Exposure Index (BEI) of one substance.  

Consultation closes at 5pm on 6 May 2022. You can view the documents for each substance and submit feedback on the online form on our website.

WorkSafe has recently published revised guidance on ways to manage the health and safety risks associated with the above ground storage of fuel on farms.

Above ground fuel storage on farms | WorkSafe

The guidance includes a Checklist for safe farm fuel storage.

WorkSafe has endorsed the Ministry of Education document Safety and Science/Pūtaiao: Guidance for Aotearoa New Zealand Schools and Kura

This comprehensive document, created for teachers and technicians, provides guidance on how to develop a culture of safety in school science programmes. It has thorough information on safety protocols and minimising hazards.

This guide replaces the Code of Practice for School Exempt Laboratories (The Environmental Risk Management Authority (ERMA), 2007).

NZS 8409:2021 provides practical and specific guidance on the safe, responsible and effective management of agrichemicals, including plant protection products (such as herbicides, insecticides, fungicides), veterinary medicines, and agricultural use of detergents and sanitizers.

We have partnered with HASANZ, Hazardous Substances Professionals NZ (HSPNZ) and the NZ Institute for Hazardous Substances Management (NZIHSM) to address the career and training needs of Hazardous Substances Compliance Certifiers. We authorise Compliance Certifiers to issue a compliance certificate across a range of high risk areas, including explosives, flammable, toxic and corrosive chemicals.  A compliance certificate confirms that the storage, handling and use of these chemicals complies with specific requirements of the Health and Safety (Hazardous Substances) Regulations 2017.  Incorrect handling and storage can increase unwanted exposure to these substances leading to serious health outcomes. 

HASANZ has been tasked to deliver a training programme to upskill existing authorised certifiers and attract new entrants to the certification regime.  Massey University is delivering two foundation courses focusing on hazardous substances management which covers compliance certifier requirements. More information, including course information, is on the HASANZ website. Information about how to become a compliance certifier is on the WorkSafe website. 

Aimex Limited was sentenced in the Nelson District Court for failing to ensure a worker was not exposed to hazards arising from the use of a hazardous substance.

The worker was found unresponsive in the empty engine room of a catamaran where they were using a solvent to clean oily residue. They were taken to hospital and has since suffered ongoing health issues. 

This case is a reminder to businesses that they must ensure effective controls are applied, including adequate ventilation, when their workers are using solvents. 

The company was fined $250,000 and ordered to pay $50,000 reparation. It was also ordered to pay $15,000 consequential loss, and $1,434.12 prosecution costs.

Flick Anticimex Limited was sentenced in the Auckland District Court for exposing employees to toxic fumigants such as methyl bromide, hydrogen cyanide and formaldehyde.

The WorkSafe investigation found problems with fitting Respiratory Protective Equipment (RPE), and that some workers were not using it at all. Practices around RPE were seriously below what they needed to be.

This case is a reminder to businesses that they must ensure work involving fumigants must be carried out is away that prevents workers being exposed to the substances and that RPE  must be provided and properly fitted.

The company was fined $250,000.

Business fined for failing to protect workers from methyl bromide exposure | WorkSafe

Have you ever wondered what an occupational hygienist does, and how their expertise could help solve issues around exposures to health risks in your workplace? 

HASANZ has developed a video in conjunction with the New Zealand Occupational Hygiene Society.