The regulator of the Health & Safety at Work Act 2015.
Contact at www.worksafe.govt.nz

Death: If there has been a death, call WorkSafe immediately. Call 0800 030 040 (24/7)
Injury, Illness, Incident: Contact WorkSafe through notify-safe/injury, notify-safe/illness or notify-safe/incident if any of these events occurred at the place of work or as a result of carrying out work

‘Persons Carrying out the Business or Undertaking.’ These include:

 A landowner or landlord for the property they own or control are responsible for people working and/or living on that property

 A sharemilker, contract-milker or any other self-employed entity in regard to the activities within his/her responsibility and workers under his/her control

 A lessor in regard to anything they lease. They are responsible for plant, equipment and anything else that they are in control of in the lease agreement

 It is possible to have multiple PCBU’s working within the same working environment. Eg: contractors, builders

A broad term describing people who make decisions that affect the whole, or a substantial part, of the business of the PCBU. These include:

 Directors
 Partners
 Trustees

A PCBU can also be an Officer.

Anyone who carries out work in any capacity for the PCBU. These include:

 Employees

 Contractors

 Subcontractors

 Service providers

 Non-paid or voluntary workers

 A PCBU or Officer can also be a Worker

The eliminating and minimising risks so far as is ‘reasonably practicable’. The elements for determining reasonably practicable are:

 Likelihood of the hazard or risk occurring

 Degree of harm

 Knowledge of person concerned

 The availability of ways to eliminate or minimise the risk

 The cost associated with ways to eliminate or minimise the risk and whether the cost is grossly disproportionate to the risk

Process to be Followed by PCBU

 Duty to identify hazards

 Duty to comply with hierarchy of control measures

 Duty to maintain effective control measures

 Duty to review control measures

 Duty to provide information, supervision, training and instruction

 Duty in relation to general workplace facilities

 Duty to provide first-aid, (first-aid kit and trained personnel)

 Duty to prepare, maintain, and implement emergency plans

 Duty to provide personal protective equipment

Management of Particular Risks

 Managing risks associated with remote or isolated work, (must provide a system of work that includes effective communication with the worker)

 Managing risk associated with the potential for fire or explosion, (must provide suitable fire extinguishers)

 Managing risk associated with raised and falling objects

 Managing risks associated with container of liquids in ensuring they are enclosed or covered to avoid drowning, (container means enclosure, fixed vessel, pit structure, sump, vat or another container of similar kind)

 Managing risks associated with not getting trapped or engulfed by loose but enclosed materials, (material means solid material or small particles flowing in such a manner to trap or engulf a person)

 Managing risks associated with substances hazardous to health, including monitoring exposure and health if required

 Managing risks associated with worker’s health and monitoring if required

 Duty to ensure young people do not perform certain work, (young person means 15 years or under)

Anything that can cause harm to people currently, or in the future.

A person’s behaviour can also be a hazard where that behaviour has the potential to cause death, injury or illness to a person. The behaviour may or may not be as a result of physical fatigue, drugs, alcohol, traumatic shock, or any another temporary condition.

Hazard Identification
The PCBU must identify hazards in the place of work (previously existing, new and potential) and regularly review these to see whether hazards are significant and require further action.

Significant Hazards
Significant hazards are hazards that can cause serious harm.

Hierarchy of Steps to Control Hazard

STEP 01 → Eliminate the risk. If you are unable to eliminate the risk then minimise by starting at step 2 then progress down. More than one step may be required

STEP 02 → Substituting (wholly or partly) the hazard with one that gives a lesser risk

STEP 03 → Isolating the hazard preventing any person coming into contact with it

STEP 04 → Implement engineering controls

STEP 05 → If risk remains then as far as reasonably practicable implement administrative controls, ie training, signs, new policy

STEP 06 → If risk remains then use the suitable personal protective equipment

PPE. Personal Protective Equipment
The PCBU must provide PPE to protect workers against hazards that cannot be controlled in any other way such as gumboots, wet weather gear, earmuffs etc. The PCBU can be fined for not doing so.

 Workers are required to use the PPE given

 Workers should be trained in the use of PPE and made fully aware of the reasons for its use

Training and Supervision
The PCBU must ensure that every worker has, or is supervised by a person with, the knowledge and experience to ensure that they and others are not harmed at work.

 They must ensure that all workers are adequately trained in the safe use of all plant, machinery and substances

 Provide PPE

 Ensure that workers are made aware of all hazards they may be exposed to or may create while at work

 Provide information on what to do if an emergency arises while at work

Risk to health and safety arise from people being exposed to hazards. Risk has two components:

 The degree of harm if it happens

 The likelihood that it will occur

Significant Risk
A high probability that the risk is likely to have a significant impact.

If hazardous substances are located at a workplace, signs must be at every vehicle entrance to the property.

Where milking animals are milked and where there is a teat-sanitising product or a dairy maintenance compound, and where hazardous substances are located in a building, must ensure signage is positioned at the primary vehicle and pedestrian entrance to the building:

 Stating that hazardous substances are present; and
 Stating the general type of hazard of each of them; and
 Describing the immediate response action to be taken in an emergency.

Signs must:

 Be in English;
 Be readily understandable;
 Not have abbreviations and acronyms unless they are in common English usage and the term described by the abbreviation or acronym is used at least once on the signage;
 Have all required information clearly visible and legible at a distance of not less than 10m under varying conditions (for example, rain or poor light);
 Be made of materials that are durable, are resistant to sunlight, and require minimal maintenance.

The sign contains the word HAZCHEM in relation to class 2,3,4,5,6, or 8 substances.

The sign has:

 Hazard pictograms consistent with the correct classification of the hazardous substances present; or
 Hazard statements consistent with the correct classification of the hazardous substances present; and
 A description of precautions necessary to prevent an unintended explosion if it is an explosive substance; and
 A description of precautions necessary to prevent unintended ignition if it is a flammable substance; and
 A description of precautions necessary to prevent unintended combustion of, acceleration of a fire from, or thermal decomposition of, an oxidising substance or organic peroxide; and
 A description of the immediate response action to be taken in an emergency.

The signage must be:

 Kept clean;
 Maintained in good repair; and
 Not covered or obscured.

If a hazardous substance is decanted or transferred from a container in the workplace for use within that workplace the packaging must:

 Be in sound condition;
 Will safely contain the hazardous substance within the range of temperatures at which the container is to be used;
 Is made of a material that is compatible with, and will not be adversely affected by the hazardous substance;
 Does not usually contain, or be mistakenly identifies as containing food or beverages.

A portable container of 25 litres or less for decanted or transferred petrol, aviation gasoline, or racing gasoline must comply with the requirements of:

 AS/NZS 2906:2001 – fuel containers – portable – plastics and metal; or
 ASTM F852:08 – standard specification for portable gasoline containers for consumer use; or
 A standard referred to in a safe work instrument.

Storage requirements differ depending on the type and quantity of the hazardous substance in the workplace. Incompatible substances must be stored separately to prevent them mixing in the event of a leak or spill. Information for storage is on the safety data sheet provided by the supplier. Further information can be obtained by going to the hazardous substances
calculator.

Tracking is required for highly dangerous hazardous substances such as explosives, highly flammable substances, oxidising substances and some poisons. Examples include embalming substances used in funeral homes, cyanide used in the metal industry and 1080 poison. The hazardous substances calculator can provide information if the hazardous substance needs tracking.

Hazardous substances that require tracking must be under the control of a competent person, or secured at all times. A competent person is:

 A certified handler; or
 Someone who has received information, instruction and training about the substance and has been given the responsibility of keeping control of it at a workplace.

Hazardous substances that require tracking have specific handling instructions which will be known by the competent person as part of their licence and training.

Most rules for handling hazardous substances also apply to hazardous waste.

Requirements for handling, storing and transporting hazardous substances will also apply to hazardous waste from 1 June 2019. All other requirements such as inventory, labelling information, training etc apply from 1 December 2017.

Hazardous waste does not need a safety data sheet but:

 Be included in the inventory; and
 Correctly labelled; and
 Workers must have relevant information, training, instruction and supervision; and
 Correctly stored; and
 Have a risk management plan.

Further information for regulatory requirements can be obtained using the Hazardous Substance Calculator.

A PCBU must provide a worker at the workplace with the supervision necessary to protect the worker from health & safety risks arising from the worker’s work, if the worker:

 Uses, handles, manufactures or stores hazardous substances; or
 Operates, tests maintains, repairs, or decommissions plant used in the use, handling, manufacture, or storage of hazardous substances; or
 Is likely to be exposed to hazardous substances.

The supervision provided must be in accordance with:

 The nature of the risks associated with the hazardous substance; and
 The knowledge and experience of the worker.

Workplaces with certain hazardous substances must have a written emergency response plan (ERP). The hazardous substance calculator can work out if a plan is required.

The ERP must describe and apply to all reasonably foreseeable emergencies that may arise from a breach or failure of the controls on any hazardous substance present or likely to be present at the workplace. The ERP must, for each reasonably foreseeable emergency, describe actions to be taken to:

 Contact emergency services; and
 Warn people at the workplace and nearby that may be adversely affected by the emergency; and
 Advise these people how they can protect themselves; and
 Help or treat anyone injured in the emergency; and
 Manage the emergency to restrict its effects to the initial area, reduce its severity as soon as practicable and if possible, eliminate it; and
 Re-establish controls put in place by the PCBU in respect of the hazardous substances at the workplace; and
 State any special training needed to deal with an emergency involving each hazardous substance; and
 Include the inventory of hazardous substances present at the workplace; and
 Include a site plan showing all the hazardous substances locations in the workplace.

Fire and Emergency New Zealand (FENZ) can review the ERP to ensure it is achievable.

The ERP must be tested at least every 12 months to demonstrate whether the plan is workable and effective (or within three months if there is a change to the plan).

If hazardous substances class 6.1A, 6.1B, 6.1C, 8.2A or 8.2B are present at the workplace then there must be equipment and materials for dealing with leaks and spills and/or chemicals for restricting or decontaminating spills and absorbent material readily available.

Petrol, aviation gasoline, racing gasoline, kerosene and diesel fuel stored at the workplace has specific regulations in accordance to the quantity stored and type of storage containers.
Regulations can be found using the hazardous substance calculator.

A PCBU must ensure they have the correct quantity and type of fire extinguishers for the hazardous substances in the workplace. The hazardous substance calculator can determine the amount and type of fire extinguishers required.

The PCBU must ensure that fire extinguisher’s location is:

 Clearly visible; and
 Readily accessible in an emergency.

The PCBU must ensure that each fire extinguisher has a classification and rating of at least 30B in accordance with AS/NZS 1850:2009.

Hazardous substances classified as dangerous goods on the safety data sheet that are transported for domestic or recreational purposes, for use as tools-of-trade, for agricultural use or for a commercial purpose, but not transported for hire or direct reward are regulated in the Land Transport Rule: Dangerous Goods 2005. Schedule 1 specifies maximum quantities permitted to be transported. Eg, maximum for petrol is 250 litres.

When transporting hazardous substances within the limits of Schedule1 the following regulations must be complied with:

 Labelling requirements as in the Hazardous Substances Regulations 2017. The labelled goods must also be presented in a way that the nature of the dangerous goods is clearly recognisable when being transported; and
 The goods are properly packaged as in the Hazardous Substances Regulations 2017; and
 There is segregation of incompatible dangerous goods; and
 The load is secured; and
 Emergency response information is carried (information can be obtained from the safety data sheet); and
 There are procedures for safe handling an emergency.

If a driver transporting packaged hazardous substances by road has a dangerous goods (D) endorsement on their driver licence, this is equivalent to a certified handler compliance certificate for road transport.

A worker has the right to stop work, or refuse to carry out work if they believe that doing so would be a serious risk to their health and safety. The worker must notify the PCBU that they have stopped working and they are encouraged to attempt to resolve the issue together.
If a resolution is not forthcoming, and the hazard/risk of harm still exists, the worker has the right to continue to refuse to carry out unsafe work.