Emergency Response Flipchart - Stop Think Act (now a living electronic document - download and store now)
Need a new Emergency Response Flipchart ?
Download from the link - this is now a smart document so can be filled in and saved ongoing.
hazardoussubstances.govt.nz/media/nz2j1cz3/wsnz_2510-emergency-response-a4-digital-v4-0-fa-lr.pdf
Your Emergency Response Plan MUST be lodged with the fire and emergency service
Need a new Emergency Response Flipchart ?
Download from the link - this is now a smart document so can be filled in and saved ongoing.
hazardoussubstances.govt.nz/media/nz2j1cz3/wsnz_2510-emergency-response-a4-digital-v4-0-fa-lr.pdf
Your Emergency Response Plan MUST be lodged with the fire and emergency service
Part 5 of the regulations is what you need to comply with as below
Regulation 5 Emergency management ( Emergency Response Plan is covered in 5.6 - 5.13)
Subpart 2—Emergency response plans
5.6 Application of this subpart
(1) This subpart applies to a place within a workplace where hazardous substances of a hazard classification specified in the first column of the table in Schedule 5 and in a form specified in the second column of that table are at any time present or likely to be present in an aggregate quantity that is greater than the relevant quantity specified in the third column of that table.
(2) Despite subclause (1), if petrol and related hazardous substances are present or likely to be present at the place, this subpart applies as follows:
(a) for petrol, aviation gasoline, or racing gasoline, this subpart applies, subject to paragraphs (b) and (c), as if the quantity specified in the third column of the table in Schedule 5 for hazard classification 3.1A were 1 000L:
(b) for petrol, aviation gasoline, racing gasoline, kerosene, or diesel fuel that is stored at a farm of not less than 4 ha in a way that ensures that any spillage will not endanger any building or flow into any stream, lake, or natural water, this subpart applies as if the quantity specified in the third column of the table in Schedule 5 for hazard classifications 3.1A and 9.1B were 2 000 L:
(c) for petrol, aviation gasoline, racing gasoline, kerosene, or diesel fuel that is stored or proposed to be stored for a continuous period of less than 14 days in a way that ensures that any spillage will not endanger any building or flow into any stream, lake, or natural water, this subpart applies as if the quantity specified in the third column of the table in Schedule 5 for hazard classifications 3.1A and 9.1B were 2 000 L if the substances are stored--
(i) in a tank wagon; or
(ii) in secure containers, where each container has a capacity of less than 250 L.
(3) If the third column of the table in Schedule 5 specifies a weight and a volume as alternative quantities for hazardous substances in gaseous form,--
(a) subclause (1) applies as soon as either quantity of the substances is present or likely to be present; and
(b) the references to a volume of gaseous hazardous substances must be read as references to volumes of those substances as they would be at--
(i) a pressure of 101.3 kPa; and
(ii) a temperature of 20°C.
5.7 Duty to prepare emergency response plan
(1) A PCBU with management or control of a workplace must ensure that an emergency response plan is prepared for the workplace.
(2) The emergency response plan 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.
(3) The emergency response plan must, for each reasonably foreseeable emergency,--
(a) describe the actions to be taken to--
(i) warn people at the workplace, and in surrounding areas that may be adversely affected by the emergency, that the emergency has occurred; and
(ii) advise those people about the actions they should take to protect themselves; and
(iii) help or treat any person injured in the emergency; and
(iv) manage the emergency so that its adverse effects are, in the order set out below,--
(A) restricted to the area initially affected; and
(B) reduced in severity as soon as practicable; and
(C) eliminated, if reasonably possible; and
(v) re-establish the controls put in place by the PCBU in respect of the hazardous substances at the workplace, including the use of protective equipment or agents (for example, neutralisers or absorbents); and
(b) identify each person with responsibility for the actions described in paragraph
(a) (or any part of any of those actions) and give information on--
(i) how to contact the person; and
(ii) any skills the person is required to have; and
(iii) any special training needed to deal with an emergency involving the substance; and
(iv) any actions the person is expected to take; and
(c) specify--
(i) how to obtain information about the hazardous properties of, and means of controlling, the substance or substances that may be involved; and
(ii) actions to be taken to contact any emergency service provider; and
(iii) the purpose and location of each item of equipment or facilities to be used to manage the emergency; and
(iv) how to decide which actions to take; and
(v) the sequence in which actions should be taken; and
(d) provide--
(i) an inventory of hazardous substances present at the workplace; and
(ii) a site plan that shows the physical position of all hazardous substance locations within the boundary of the workplace (if applicable).
(4) The emergency response plan--
(a) must specify the type and location of the fire extinguishers provided in accordance with regulation 5.3, and any extra fire-fighting equipment or facilities provided, if any of the reasonably foreseeable emergencies identified in the plan is a fire; and
(b) must provide for the retention of any liquid or liquefied oxidising substance or organic peroxide to prevent it from contacting any incompatible substance.
(5) 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.
5.8 Duty to implement emergency response plan
A PCBU with management or control of a workplace must ensure that the emergency response plan prepared under regulation 5.7 is implemented in the event of an emergency described in the plan.
5.9 Availability of equipment, facilities, and people
(1) A PCBU who is required to have an emergency response plan must ensure that all equipment and facilities described in the emergency response plan and all responsible people described in the emergency response plan who are on duty are--
(a) present at the location concerned; or
(b) available to reach the location of the substance within the times specified in the plan; or
(c) in the case of a trained person, available to provide the advice or information specified in the plan within a time specified in the plan.
(2) 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.
5.10 Availability of emergency response plans
(1) A PCBU who is required to have an emergency response plan for a workplace must ensure that the plan is available to--
(a) every person identified under regulation 5.7(3)(b) as being responsible for implementing the plan or a specific part of it; and
(b) every emergency service provider identified in the plan.
(2) A PCBU who contravenes subclause (1) 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.
5.11 Fire and Emergency New Zealand may review emergency response plan
(1) Fire and Emergency New Zealand may review an emergency response plan to--
(a) assess whether the role proposed for the service is--
(i) achievable; and
(ii) consistent with the operational policies of the service; and
(b) identify anything that may adversely affect service operations during an emergency.
(2) While reviewing a plan, Fire and Emergency New Zealand may request the PCBU to provide further written information if it considers that the plan provides insufficient information to enable the service to determine--
(a) its role under the plan; or
(b) the level or type of resources it may need to deploy to give effect to the plan.
(3) After conducting a review, Fire and Emergency New Zealand may make a written recommendation to the PCBU about an emergency response plan.
(4) The PCBU must, so far as is reasonably practicable, amend the emergency response plan to give effect to a recommendation made under subclause (3).
(5) A PCBU who contravenes subclause (4) 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.
5.12 Test and revision of emergency response plan
(1) A PCBU must ensure that its emergency response plan is tested at least every 12 months to demonstrate whether the plan is workable and effective.
(2) If a person, procedure, or action specified in an emergency response plan is changed, the PCBU must ensure that the plan is tested within 3 months of the change to demonstrate whether--
(a) the new person can perform his or her functions under the plan; and
(b) the new procedure or action is workable and effective.
(3) The PCBU must, so far as is reasonably practicable, amend the emergency response plan in response to the findings of a test to ensure that the plan is workable and effective.
(4) A PCBU must make a record of tests carried out under this regulation and of the results of those tests.
(5) A PCBU must keep the record of a test for at least 2 years after the date on which the record was made.
(6) A PCBU who contravenes subclause (1), (2), or (3) 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.
(7) A PCBU who contravenes subclause (4) or (5) commits an offence and is liable on conviction,--
(a) for an individual, to a fine not exceeding $2,000:
(b) for any other person, to a fine not exceeding $10,000.
5.13 Plan may be part of other management documentation
An emergency response plan may be part of any other management documentation for an emergency that is--
(a) required by the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016; or
(b) required for a major hazard facility by regulation 31 of the Health and Safety at Work (Major Hazard Facilities) Regulations 2016; or
(c) required for an installation by regulation 72 of the Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016; or
(d) required for a mining operation by subpart 4 of Part 5 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016; or
(e) required by any other regulations made under the Act or by any other enactment;
(f) undertaken by a PCBU for some other reason.
Regulation 5 Emergency management ( Emergency Response Plan is covered in 5.6 - 5.13)
Subpart 2—Emergency response plans
5.6 Application of this subpart
(1) This subpart applies to a place within a workplace where hazardous substances of a hazard classification specified in the first column of the table in Schedule 5 and in a form specified in the second column of that table are at any time present or likely to be present in an aggregate quantity that is greater than the relevant quantity specified in the third column of that table.
(2) Despite subclause (1), if petrol and related hazardous substances are present or likely to be present at the place, this subpart applies as follows:
(a) for petrol, aviation gasoline, or racing gasoline, this subpart applies, subject to paragraphs (b) and (c), as if the quantity specified in the third column of the table in Schedule 5 for hazard classification 3.1A were 1 000L:
(b) for petrol, aviation gasoline, racing gasoline, kerosene, or diesel fuel that is stored at a farm of not less than 4 ha in a way that ensures that any spillage will not endanger any building or flow into any stream, lake, or natural water, this subpart applies as if the quantity specified in the third column of the table in Schedule 5 for hazard classifications 3.1A and 9.1B were 2 000 L:
(c) for petrol, aviation gasoline, racing gasoline, kerosene, or diesel fuel that is stored or proposed to be stored for a continuous period of less than 14 days in a way that ensures that any spillage will not endanger any building or flow into any stream, lake, or natural water, this subpart applies as if the quantity specified in the third column of the table in Schedule 5 for hazard classifications 3.1A and 9.1B were 2 000 L if the substances are stored--
(i) in a tank wagon; or
(ii) in secure containers, where each container has a capacity of less than 250 L.
(3) If the third column of the table in Schedule 5 specifies a weight and a volume as alternative quantities for hazardous substances in gaseous form,--
(a) subclause (1) applies as soon as either quantity of the substances is present or likely to be present; and
(b) the references to a volume of gaseous hazardous substances must be read as references to volumes of those substances as they would be at--
(i) a pressure of 101.3 kPa; and
(ii) a temperature of 20°C.
5.7 Duty to prepare emergency response plan
(1) A PCBU with management or control of a workplace must ensure that an emergency response plan is prepared for the workplace.
(2) The emergency response plan 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.
(3) The emergency response plan must, for each reasonably foreseeable emergency,--
(a) describe the actions to be taken to--
(i) warn people at the workplace, and in surrounding areas that may be adversely affected by the emergency, that the emergency has occurred; and
(ii) advise those people about the actions they should take to protect themselves; and
(iii) help or treat any person injured in the emergency; and
(iv) manage the emergency so that its adverse effects are, in the order set out below,--
(A) restricted to the area initially affected; and
(B) reduced in severity as soon as practicable; and
(C) eliminated, if reasonably possible; and
(v) re-establish the controls put in place by the PCBU in respect of the hazardous substances at the workplace, including the use of protective equipment or agents (for example, neutralisers or absorbents); and
(b) identify each person with responsibility for the actions described in paragraph
(a) (or any part of any of those actions) and give information on--
(i) how to contact the person; and
(ii) any skills the person is required to have; and
(iii) any special training needed to deal with an emergency involving the substance; and
(iv) any actions the person is expected to take; and
(c) specify--
(i) how to obtain information about the hazardous properties of, and means of controlling, the substance or substances that may be involved; and
(ii) actions to be taken to contact any emergency service provider; and
(iii) the purpose and location of each item of equipment or facilities to be used to manage the emergency; and
(iv) how to decide which actions to take; and
(v) the sequence in which actions should be taken; and
(d) provide--
(i) an inventory of hazardous substances present at the workplace; and
(ii) a site plan that shows the physical position of all hazardous substance locations within the boundary of the workplace (if applicable).
(4) The emergency response plan--
(a) must specify the type and location of the fire extinguishers provided in accordance with regulation 5.3, and any extra fire-fighting equipment or facilities provided, if any of the reasonably foreseeable emergencies identified in the plan is a fire; and
(b) must provide for the retention of any liquid or liquefied oxidising substance or organic peroxide to prevent it from contacting any incompatible substance.
(5) 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.
5.8 Duty to implement emergency response plan
A PCBU with management or control of a workplace must ensure that the emergency response plan prepared under regulation 5.7 is implemented in the event of an emergency described in the plan.
5.9 Availability of equipment, facilities, and people
(1) A PCBU who is required to have an emergency response plan must ensure that all equipment and facilities described in the emergency response plan and all responsible people described in the emergency response plan who are on duty are--
(a) present at the location concerned; or
(b) available to reach the location of the substance within the times specified in the plan; or
(c) in the case of a trained person, available to provide the advice or information specified in the plan within a time specified in the plan.
(2) 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.
5.10 Availability of emergency response plans
(1) A PCBU who is required to have an emergency response plan for a workplace must ensure that the plan is available to--
(a) every person identified under regulation 5.7(3)(b) as being responsible for implementing the plan or a specific part of it; and
(b) every emergency service provider identified in the plan.
(2) A PCBU who contravenes subclause (1) 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.
5.11 Fire and Emergency New Zealand may review emergency response plan
(1) Fire and Emergency New Zealand may review an emergency response plan to--
(a) assess whether the role proposed for the service is--
(i) achievable; and
(ii) consistent with the operational policies of the service; and
(b) identify anything that may adversely affect service operations during an emergency.
(2) While reviewing a plan, Fire and Emergency New Zealand may request the PCBU to provide further written information if it considers that the plan provides insufficient information to enable the service to determine--
(a) its role under the plan; or
(b) the level or type of resources it may need to deploy to give effect to the plan.
(3) After conducting a review, Fire and Emergency New Zealand may make a written recommendation to the PCBU about an emergency response plan.
(4) The PCBU must, so far as is reasonably practicable, amend the emergency response plan to give effect to a recommendation made under subclause (3).
(5) A PCBU who contravenes subclause (4) 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.
5.12 Test and revision of emergency response plan
(1) A PCBU must ensure that its emergency response plan is tested at least every 12 months to demonstrate whether the plan is workable and effective.
(2) If a person, procedure, or action specified in an emergency response plan is changed, the PCBU must ensure that the plan is tested within 3 months of the change to demonstrate whether--
(a) the new person can perform his or her functions under the plan; and
(b) the new procedure or action is workable and effective.
(3) The PCBU must, so far as is reasonably practicable, amend the emergency response plan in response to the findings of a test to ensure that the plan is workable and effective.
(4) A PCBU must make a record of tests carried out under this regulation and of the results of those tests.
(5) A PCBU must keep the record of a test for at least 2 years after the date on which the record was made.
(6) A PCBU who contravenes subclause (1), (2), or (3) 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.
(7) A PCBU who contravenes subclause (4) or (5) commits an offence and is liable on conviction,--
(a) for an individual, to a fine not exceeding $2,000:
(b) for any other person, to a fine not exceeding $10,000.
5.13 Plan may be part of other management documentation
An emergency response plan may be part of any other management documentation for an emergency that is--
(a) required by the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016; or
(b) required for a major hazard facility by regulation 31 of the Health and Safety at Work (Major Hazard Facilities) Regulations 2016; or
(c) required for an installation by regulation 72 of the Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016; or
(d) required for a mining operation by subpart 4 of Part 5 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016; or
(e) required by any other regulations made under the Act or by any other enactment;
(f) undertaken by a PCBU for some other reason.