Health and Safety at Work (Hazardous Substances) Regulations 2017

Secondary containment requirements for class 6 and 8 pooling substances

13.30 Requirement to have secondary containment system for pooling substances

(1)

This regulation applies to a place within a workplace if—

(a)

an aggregate quantity of class 6 or 8 substances greater than the quantity specified in Schedule 16 is held, or is reasonably likely to be held, at the place at any time; and

(b)

the place is not a port, or part of a port facility, that is used to store hazardous substances for 72 hours or less.

(2)

The PCBU with management or control of the place must ensure that the place has a secondary containment system that complies with regulation 13.31, 13.32, 13.33, 17.100, or 17.101, depending on the capacities of the above ground container or containers in which the substances are held.

(3)

If 2 or more containers of different capacities (as described in regulations 13.31, 13.32, and 13.33) are held at one place, the PCBU with management or control of the place must ensure that the secondary containment system has a capacity of at least the sum of each container category.

(4)

The PCBU with management or control of the place must ensure, in relation to a secondary containment system, that there are controls, or controls are capable of being instituted, that—

(a)

prevent people from being directly exposed to any toxic or biological corrosive substances contained in the system:

(b)

prevent any of the substances contained in the system from being contaminated by incompatible substances and materials.

(5)

For the purposes of this regulation and regulations 13.31, 13.32, 13.33, 17.100, and 17.101, if a class 6 or 8 substance is contained in pipework that is installed and operated so as to manage any loss of containment in the pipework, the substance—

(a)

is not to be taken into account in determining whether a place is required to have a secondary containment system; and

(b)

is not required to be located in a secondary containment system.

(6)

A PCBU who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 13.30(1)(a): replaced, on 1 December 2017, by regulation 29(1) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2017 (LI 2017/285).

Regulation 13.30(1)(b): amended, on 1 December 2017, by regulation 29(2) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2017 (LI 2017/285).