Health and Safety at Work (Hazardous Substances) Regulations 2017

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

above ground stationary tank means a stationary tank that is—

(a)

fixed to or resting on the ground; or

(b)

fixed or attached to a structure that is fixed to or resting on the ground

aggregate water capacity means the aggregate or cumulative total volume of 1 or more containers, calculated as the equivalent volume of water at 20°C and at 101.3 kPa

alcohol has the same meaning as in section 5(1) of the Sale and Supply of Alcohol Act 2012

area of high intensity land use, in relation to an area beyond the boundary of a place where a hazardous substance location is situated, includes an area of regular habitation, any other hazardous substance location, and a high density traffic route

area of low intensity land use, in relation to an area beyond the boundary of a place where a hazardous substance location is situated,—

(a)

includes—

(i)

an area where any person may be legally present occasionally; and

(ii)

a public park or reserve; and

(iii)

a public traffic route of low or medium traffic density; but

(b)

does not include an area of regular habitation

area of regular habitation includes any dwelling, hospital, school, airport, commercial premises, office, or other area where people regularly congregate

AS 3780—2008 (2nd Edition) (R2009) means the Australian standard on The Storage and Handling of Corrosive Substances (2008 2nd edition reissued incorporating Amendment No. 1 2009)

Armed Forces has the same meaning as in section 2(1) of the Defence Act 1990

certified handler means a person who holds a compliance certificate that certifies that the person meets the competency requirements for certified handlers specified in regulation 4.3

Chief of Defence Force means the Chief of Defence Force appointed under section 8 of the Defence Act 1990

compliance certificate means a certificate (including a conditional compliance certificate) issued by a compliance certifier under subpart 2 of Part 6

compliance certifier means a person who is authorised to issue compliance certificates under regulation 6.8

compound

(a)

has the same meaning as in section 2(1) of the HSNO Act; but

(b)

in relation to the storage of a hazardous substance, means a basin, pit, excavation, hollow, or enclosure that is resistant to fire and—

(i)

is constructed of concrete, brick, clay, earth, or similar incombustible material; and

(ii)

is of such a nature and construction that it will effectively retain a hazardous substance that is a liquid if the hazardous substance leaks or flows out of its container

consumer product means a hazardous substance that is packed or repacked primarily for use by a household consumer or for use in an office and—

(a)

if packed or repacked primarily for use by a household consumer, is packed in a way and in a quantity in which it is intended to be used by the household consumer:

(b)

if packed or repacked primarily for use in an office, is packed in a way and in a quantity in which it is intended to be used for office use

contain, in relation to a hazardous substance or a gas under pressure in a container, includes to retain any quantity of the substance as a flammable vapour or gas after the container has been emptied

container

(a)

means any receptacle, whether movable or fixed, in which hazardous substances or gases under pressure may be encased, covered, enclosed, contained, or packaged; and

(b)

includes—

(i)

a receptacle that forms an integral part of a vehicle (other than part of a vehicle’s fuel system, electrical system, control system, or emergency system); and

(ii)

a stationary tank or a process container; and

(iii)

a package; and

(iv)

a supporting structure for a receptacle

controlled substance licence means a licence issued by WorkSafe under Part 7

controlled zone means an area abutting a hazardous substance location that is regulated so that,—

(a)

within the zone, the adverse effects of a hazardous substance are reduced or prevented; and

(b)

beyond the zone, members of the public are provided with reasonable protection from those adverse effects

Customs has the same meaning as in section 2(1) of the Customs and Excise Act 1996

cylinder

(a)

means a gas container (whether refillable or non-refillable) that is used or intended to be used for storing and transporting gases under pressure; and

(b)

includes a cryogenic container and a fire extinguisher; but

(c)

does not include an aerosol dispenser

dairy maintenance compound, in relation to a place where dairy material or product is processed, means a product used for maintaining, repairing, servicing, cleaning, or sanitising equipment, surfaces, or air that may be a source or cause of contamination of the dairy material or product or of any associated thing

Defence Force has the same meaning as in section 2(1) of the Defence Act 1990

desensitising agent has the same meaning as in the Hazardous Substances (Classification) Notice 2017

designated transfer zone

(a)

means a place established under regulation 9.44 for use for the transfer of a class 1 substance from one type of transport to another; but

(b)

does not include—

(i)

roll-on roll-off operations in which a vehicle or trailer with its load drives or is driven onto or into another means of transport for the duration of a journey; or

(ii)

a hazardous substance location; or

(iii)

a designated use zone

designated use zone

(a)

means a place established under regulation 9.28 for use for the detonation or deflagration of explosives; but

(b)

does not include a hazardous substance location, a designated transfer zone, or a discharge area

disposal has the same meaning as in section 2(1) of the HSNO Act

dissolved gas means a gas that, when packaged under pressure, is dissolved in a liquid phase solvent

distribution system has the same meaning as in section 2(1) of the Gas Act 1992

E10 means a blend of 10 per cent ethanol and 90 per cent petrol

E85 means a blend of 85 per cent ethanol and 15 per cent petrol

EN 417: 2012 means the European standard on Non-refillable metallic cartridges for liquefied petroleum gases, with or without a valve, for use with portable appliances—Construction, inspection, testing and marking

environmental medium, in relation to class 6 substances, means—

(a)

air, water, and soil; or

(b)

a surface onto which a class 6 substance may be deposited

explosive has the same meaning as in section 2(1) of the HSNO Act

fire extinguisher means a gas container intended to hold an extinguishant that can be discharged onto a fire by, or by being, a gas under pressure

fire-resistance rating, in relation to a building, a room, or any part or feature of a building or room, means the extent to which the building, room, or feature, is able to maintain its stability, insulation, and integrity (or the stability, insulation, and integrity of the building of which it is a part), and is able to offer protection against heat radiation for the time specified by the relevant rating in minutes, where stability, insulation, and integrity have the same meanings as in clause A2 of Schedule 1 of the Building Regulations 1992

firework has the same meaning as in section 2(1) of the HSNO Act, as modified by replacing the reference to hazardous substances with explosive properties with a reference to class 1 hazardous substances

fuel gas

(a)

means any fuel that is supplied through pipes or in containers and is a gas at 15°C and at 101.3 kPa absolute pressure; and

(b)

includes—

(i)

biogas, coal gas, natural gas, oil gas, producer gas, refinery gas, reformed natural gas, and liquefied petroleum gas; and

(ii)

any gaseous substance that the Governor-General declares by Order in Council to be a gas for the purposes of the Gas Act 1992; and

(iii)

any gas that is of a composition that complies with regulations made under the Gas Act 1992 for use as a fuel

fumigant means a class 6.1A, 6.1B, or 6.1C hazardous substance that is—

(a)

created for the purpose of fumigation; or

(b)

used for fumigation

fumigation means the use of a fumigant in its gaseous state for the purpose of destroying rodents, pests, other plant or animal organisms, or fungi

gas has the same meaning as in the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

gas appliance has the same meaning as in section 2(1) of the Gas Act 1992

gas container

(a)

means a container in which a gas under pressure is held, or intended to be held, with fittings or equipment designed to retain the gas in its compressed form; and

(b)

includes a cylinder, aerosol dispenser, fire extinguisher, cryogenic container, or tank (including a stationary tank); but

(c)

does not include—

(i)

a pressure vessel that is a pipeline under the Health and Safety in Employment (Pipelines) Regulations 1999; or

(ii)

an air receiver used in connection with the starting of an internal combustion engine; or

(iii)

a receiver that forms part of a compression plant; or

(iv)

a container that forms an integral part of a refrigerating unit; or

(v)

a pressurised container that forms an integral part of the motive or control system of a vehicle, a ship, or an aircraft (including the emergency system for a vehicle, ship, or aircraft); or

(vi)

an aerosol container with a water capacity of less than 50 ml or for which the absolute pressure developed at 20°C is less than 170 kPa; or

(vii)

a cartridge with a water capacity of less than 170 ml; or

(viii)

a non-refillable container with a water capacity of less than 100 ml; or

(ix)

a cylinder with a water capacity of less than 120 ml, if the contents are a liquefied gas with flammable properties; or

(x)

a cylinder with a water capacity of less than 500 ml, if the contents are not a liquefied gas with flammable properties; or

(xi)

a cylinder with a water capacity of more than 500 L, except that this subparagraph does not apply in relation to subpart 8 of Part 15 or table 1 in Schedule 20; or

(xii)

carbonated beverages or their containers

gas installation has the same meaning as in section 2(1) of the Gas Act 1992

gas under pressure means—

(a)

a compressed gas; or

(b)

a liquefied gas; or

(c)

a refrigerated liquefied gas; or

(d)

a dissolved gas

handle, in relation to a hazardous substance, does not include—

(a)

transport of the substance; or

(b)

loading the substance into or onto, or unloading it from, a vehicle or other mode of transport

hazard classification means one of the classes referred to in the Hazardous Substances (Classification) Notice 2017

hazardous area, except in regulation 10.7, means an area in which an explosive gas atmosphere is or may be expected to be present in such quantities as to require special precautions for the construction, installation, and use of equipment

hazardous substance has the meaning given in regulation 4

hazardous substance location,—

(a)

in relation to a class 1 substance,—

(i)

means an area where a quantity of the substance that is in excess of the relevant quantity specified in table 5 in Schedule 8 is manufactured, or is located for more than 2 hours:

(ii)

does not include a designated use zone, a discharge area, a designated transfer zone, a location authorised by WorkSafe under regulation 9.10(1)(e), or a means of transport within a transfer zone for the purpose of transfer:

(iii)

does not include a vehicle, a ship, or an aircraft while it remains under the direct control of its driver, master, or pilot and under the jurisdiction of the Land Transport Rules, the Maritime Rules, or the Civil Aviation Rules (as the case may be):

(b)

in relation to a class 2, 3, 4, 5, 6, or 8 substance,—

(i)

means an area where a quantity of the substance exceeds the relevant quantity specified in table 4 in Schedule 9, table 1 or 2 in Schedule 10, table 1 in Schedule 11, or regulation 13.38 is located for more than—

(A)

24 hours, in the case of a substance that is not subject to the tracking provisions of Part 19:

(B)

2 hours, in the case of a substance subject to the tracking provisions of Part 19:

(ii)

does not include a vehicle, a ship, or an aircraft while it remains under the direct control of its driver, master, or pilot and under the jurisdiction of the Land Transport Rules, the Maritime Rules, or the Civil Aviation Rules (as the case may be):

(iii)

does not include a transit depot

Hazardous Substances (Classification) Notice 2017 means the Hazardous Substances (Classification) Notice 2017 issued by the Environmental Protection Authority under Part 6 of the HSNO Act

Hazardous Substances (Disposal) Notice 2017 means the Hazardous Substances (Disposal) Notice 2017 issued by the Environmental Protection Authority under Part 6 of the HSNO Act

Hazardous Substances (Minimum Degrees of Hazard) Notice 2017 means the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017 issued by the Environmental Protection Authority under Part 6 of the HSNO Act

Hazardous Substances (Packaging) Notice 2017 means the Hazardous Substances (Packaging) Notice 2017 issued by the Environmental Protection Authority under Part 6 of the HSNO Act

hazardous waste means waste that is—

(a)

generated by a manufacturing or other industrial process; and

(b)

reasonably likely to be or contain a substance that meets 1 or more of the classification criteria for substances with explosive, flammable, oxidising, toxic, or corrosive properties under the Hazardous Substances (Classification) Notice 2017

high density, in relation to a public traffic route, means more than medium density

ignition source

(a)

means any agency or agent (including any item, product, part of a facility structure, or piece of equipment) capable of igniting a flammable gas, vapour, or other form of combustible substance; and

(b)

includes a fire, flame, or spark, or anything capable of producing a fire, flame, or spark

laboratory has the same meaning as in section 2(1) of the HSNO Act

life cycle has the same meaning as in section 2(1) of the HSNO Act

liquefied gas means a gas that is partially liquid at temperatures above −50°C when packaged under pressure

liquid has the same meaning as in the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

low density, in relation to a public traffic route, means not more than an average per 24 hours of—

(a)

1 000 vehicles on a road; or

(b)

50 rail wagons on a railway; or

(c)

400 people on a waterway; or

(d)

200 people along a public right of way

LPG means liquefied petroleum gas

medium density, in relation to a public traffic route, means more than low density but not more than an average per 24 hours of—

(a)

5 000 vehicles on a road; or

(b)

250 rail wagons on a railway; or

(c)

1 800 people on a waterway; or

(d)

900 people along a public right of way

member of the New Zealand Police means a Police employee within the meaning of the Policing Act 2008 who is—

(a)

a constable within the meaning of that Act; or

(b)

authorised under section 24(1)(b) of that Act to perform a policing role under the Arms Act 1983; or

(c)

authorised by the Arms Act 1983 to exercise powers under the Arms Act 1983

modified SADT means the SADT obtained by performing a modified version of the tests for determining the SADT so that, instead of the prescribed test quantity, the intended larger quantity of the substance is used

NFPA 86: 2015 means the Standard for ovens and furnaces

organism has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996

packaging has the same meaning as in the Hazardous Substances (Packaging) Notice 2017

passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

permanent gas means a gas with a critical temperature not exceeding –50°C, where critical temperature is the temperature of the gas in its critical state above which it cannot be liquefied by pressure alone

pipework

(a)

means piping that—

(i)

is connected to a tank (including a stationary tank) or a process container; and

(ii)

is used to transfer a hazardous substance into or out of the tank or process container; and

(b)

includes a process pipeline or a transfer line

Police or New Zealand Police has the same meaning as Police in section 4 of the Policing Act 2008

policing has the same meaning as in section 4 of the Policing Act 2008

pooling substance means a hazardous substance that—

(a)

is a liquid; or

(b)

is likely to liquefy in a fire

portable tank means a transportable container that—

(a)

is not permanently fixed to a chassis; and

(b)

can be unloaded at a destination or transferred to another transport mode; and

(c)

is referred to in chapter 6.7 of the UN Model Regulations

ppm means parts per million

prescribed exposure standard means a workplace exposure standard or biological exposure index that has the purpose of protecting persons in the workplace from harm to health and is prescribed in—

(a)

regulations:

(b)

a safe work instrument (including a safe work instrument that replaces a workplace exposure standard or biological index in an instrument referred to in paragraph (a), (c), (d), or (e)):

(c)

a control under section 77 or 77A, or an exposure limit under section 77B, of the HSNO Act:

(d)

a group standard issued under section 96B of the HSNO Act:

(e)

a notice of transfer issued under section 160A of the HSNO Act, as in force immediately before 2 July 2006 (when that section of that Act expired), and that was in force immediately before that date

process container means a stationary container, whether standing alone or forming part of a stationary container system, that contains or is intended to contain a hazardous substance in the course of manufacture or use of the substance (for example, a mixing container, reaction vessel, distillation column, drier, or dip tank)

protected place

(a)

includes—

(i)

a dwelling, residential building, place of worship, public building, school or college, hospital, child care facility, or theatre, or any building or open area in which persons are accustomed to assemble in large numbers, whether within or outside the property boundary of a place where a hazardous substance location is situated:

(ii)

any factory, workshop, office, store, warehouse, shop, or building where persons are regularly employed, whether within or outside the property boundary of a place where a hazardous substance location is situated:

(iii)

a ship lying at permanent berthing facilities:

(iv)

a public railway; but

(b)

does not include a small office or other small building associated with a place where storage, handling, use, manufacture, or disposal of a class 2, 3, 4, 5, 6, or 8 substance is a major function

public place

(a)

means a place (other than private property or a protected place) that is open to, and frequented by, the public; and

(b)

includes a public road

readily accessible, in relation to a duty to provide a document, means that the document is capable of being accessed without difficulty in hard copy, electronic, or other form

refrigerated liquefied gas means a gas that when packaged is partially liquid because of its low temperature

SADT or self-accelerating decomposition temperature has the same meaning as in the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

safe work instrument means an instrument approved by the Minister for Workplace Relations and Safety under section 227 of the Act

safety ammunition

(a)

means ammunition consisting of a cartridge case fitted with a centre or rim fire primer and containing both a propelling charge and a solid projectile, designed to be fired in weapons of a calibre not larger than 19.1 mm; and

(b)

includes shotgun cartridges of any calibre

secondary containment system, in relation to a workplace, means a system or systems—

(a)

in which pooling substances held in the workplace will be contained if they escape from the container or containers in which they are being held; and

(b)

from which they can, subject to unavoidable wastage, be recovered

sodium fluoroacetate

(a)

means sodium fluoroacetate (Chemical Abstracts Service (CAS) registry number 62-74-8); but

(b)

does not include any formulated substances containing sodium fluoroacetate

solid has the same meaning as in the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

stationary container system

(a)

means a stationary tank or process container; and

(b)

includes its associated equipment, pipework, and fittings (up to and including all transfer points)

stationary tank

(a)

means a tank, whether standing alone or forming part of a stationary container system, that is—

(i)

used or intended to be used for the storage or supply of—

(A)

1 or more hazardous substances, in all Parts of these regulations other than Part 15:

(B)

1 or more hazardous substances, or 1 or more gases under pressure, in Part 15:

(ii)

normally located at a specific place; and

(b)

includes—

(i)

all parts and materials (for example, coatings) that contribute to maintaining the structural and functional integrity of the tank; and

(ii)

any means of closing the tank (for example, a lid or fitted cover); and

(iii)

any component of the tank intended to protect the contents of the tank from harm (for example, lightning protection); and

(iv)

any other component that is an integral part of the tank (for example, a liquid level indicator, heating coil, or internal valve); but

(c)

does not include—

(i)

packaging to which the Hazardous Substances (Packaging) Notice 2017 applies; or

(ii)

packaging to which chapters 6.5 (Requirements for the construction and testing of Intermediate Bulk Containers) and 6.7 (Requirements for the design, construction, inspection and testing of Portable Tanks and Multiple Element Gas Containers) of the UN Model Regulations apply; or

(iii)

a cylinder to which Part 15 applies

substance has the same meaning as in section 2(1) of HSNO Act

SwRI 93-01 means the SwRI standard on Test Procedures 93-01: Testing requirements for protected aboveground flammable liquid/fuel storage tanks

SwRI 95-03 means the SwRI standard on Testing requirements for multi-hazard protected aboveground flammable liquid/fuel storage tanks

tank,—

(a)

in relation to a stationary tank, means a container used or intended to be used for the storage or supply of—

(i)

1 or more hazardous substances, in all Parts of these regulations other than Part 15:

(ii)

1 or more hazardous substances, or 1 or more gases under pressure, in Part 15:

(b)

in relation to a tank wagon, means an enclosed receptacle permanently fixed to the chassis of the wagon, and includes—

(i)

any compartments and all components, fittings, and materials (including coatings) necessary for the tank to perform its containment function; and

(ii)

all parts affecting the structural integrity of the tank and the means of closing the tank

tank wagon means a vehicle (whether motorised or not) that is constructed for the primary purpose of the bulk transport by road or rail of 1 or more hazardous substances in the form of liquid or gas, and includes (without limitation)—

(a)

a tank truck or refuelling unit, that—

(i)

has its own means of propulsion; and

(ii)

contains a tank; and

(b)

a tank semi-trailer, tank trailer, or rail wagon that contains a tank

teat-sanitising product means a product applied to a milking animal to reduce bacterial populations on teat skin, and includes udder creams

tolerable exposure limit or TEL means a concentration of a substance in an environmental medium as set in accordance with section 77B of the HSNO Act

total pooling potential, in relation to a workplace or a place within a workplace, means the aggregate quantity of all pooling substances present at the workplace or place

toxic has the same meaning as in section 2(1) of the HSNO Act

transfer line means piping that—

(a)

is used or intended to be used to transfer a hazardous substance between a stationary tank and—

(i)

another stationary tank; or

(ii)

a vehicle, a ship, or an aircraft; and

(b)

includes a wharf line and a bunker line

transfer point, in relation to a stationary container system, means the point at which pipework connected to the stationary container system terminates at—

(a)

a dispensing device used to fill packaging or the fuel system, electrical system, or control system of a vehicle, a ship, or an aircraft; or

(b)

a fitting that is periodically connected to a transfer line to or from a ship or bulk transport container such as a tank wagon, ship, or aircraft

transit depot means a permanent place (except a means of transport or any place where hazardous substances are held for sale or supply) used as a transport depot that is intended to hold hazardous substances in containers that remain unopened during the time that they are present at the depot for periods—

(a)

that are more than—

(i)

24 hours, for a substance that is not subject to the tracking provisions in Part 19:

(ii)

2 hours, for a substance subject to the tracking provisions in Part 19; but

(b)

that in no case exceeds 3 days

transportable container means a container that—

(a)

is not permanently fixed to a chassis; and

(b)

can be unloaded at a destination or transferred to another transport mode; and

(c)

is referred to in chapter 6.5 or 6.7 of the UN Model Regulations

UN Manual of tests and criteria means the 5th revised edition of the Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, published by the United Nations, 2009

UN Model Regulations means 19th revised edition of the Recommendations on the Transport of Dangerous Goods, Model Regulations, published by the United Nations, 2015

vapour means a gaseous form of a hazardous substance released from its liquid or solid state

vehicle means a motorised land transport vehicle, but also includes a tank wagon

veterinary medicine has the same meaning as in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997

vulnerable facility means any of the following facilities:

(a)

buildings of 4 storeys or more, of curtain wall construction with panels more than 1 500 mm square:

(b)

buildings of 4 storeys or more with more than 50% of the wall area glazed:

(c)

a hospital care institution, residential disability care institution, or rest home (as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001), early childhood education and care centre (as defined in section 310 of the Education Act 1989), or school (as established under section 146 of the Education Act 1989):

(d)

public buildings or structures of historic value:

(e)

major transport and traffic terminals such as railway stations and airports handling more than 1 800 people in 24 hours:

(f)

major public utilities whose service could be disrupted by a blast of 5 kPa:

(g)

any similar facilities.

(2)

A reference in these regulations to a substance that is likely to be present at a workplace, in a container, or in any other place or thing is a reference to the maximum capacity of the workplace, container, or other place or thing to contain the substance.

(3)

A reference in these regulations to a site plan is a reference to a plan of the relevant place that is accurate and drawn to scale to the extent necessary to enable the plan to meet its purpose in the provision that refers to it (in particular, by enabling a person inspecting the plan to identify actual distances and other relevant dimensions) and need not necessarily be prepared by a person with qualifications in the preparation of plans.

(4)

Other terms or expressions used and not defined in these regulations but defined in the Act have, in these regulations, the same meaning as in the Act.

Compare: SR 2001/116 r 3

Regulation 3(1) handle paragraph (b): amended, on 1 December 2017, by regulation 5(1) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2017 (LI 2017/285).

Regulation 3(1) portable tank: inserted, on 1 December 2017, by regulation 5(2) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2017 (LI 2017/285).

Regulation 3(1) transportable container paragraph (a): amended, on 1 December 2017, by regulation 5(3) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2017 (LI 2017/285).