Regulation 13.26, 13.27 and 13.28 Class 6 and 8 Location Compliance Certificates
HSWA has brought about the addition of Class certain 6,8 requiring a Location Compliance Certificate
13.26 Storage of certain class 6 and 8 substances not located at hazardous substance location
(1) This regulation applies to the storage of a class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance at a place within a workplace if the PCBU with management or control of the place is not required to establish a hazardous substance location in accordance with regulation 13.34.
(2) The PCBU must ensure that--
(a) the place can be appropriately secured from access by persons other than those permitted by the PCBU to access the place; and
(b) a supply of water is available at a nearby location for personal hygiene; and
(c) adequate ventilation is provided for all storage and handling areas; and
(d) the substance is not kept near hazardous substances with which it is incompatible or with which it may react dangerously; and
(e) containers of the substance are kept away from sources of heat, are securely closed while not in use, and are kept in such a manner as to avoid spillage; and
(f) appropriate spillage retention measures are provided at the place if containers of the substance are likely to be opened or their contents are likely to be transferred.
(3) This regulation does not apply to a farm of not less than 4 ha.
(4) A PCBU who contravenes this regulation commits an offence and is liable on conviction,--
(a) for an individual, to a fine not exceeding $6,000:
(b) for any other person, to a fine not exceeding $30,000.
13.27 Requirements applicable to farms
(1) This regulation applies to the storage of a class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance at a farm of not less than 4 ha in respect of which a PCBU is not required to establish a hazardous substance location in accordance with regulation 13.34.
(2) The PCBU with management or control of the farm must ensure that--
(a) the storage area is situated not less than 10 m from any protected place; and
(b) the ground around the storage area is kept clear of combustible vegetation or refuse for a distance of 3 m; and
(c) the storage area is located, or secondary containment is used, so that any spillage of the hazardous substance will not reach any protected place, watercourse, or property boundary; and
(d) any storage area is separated from the boundary of the property by at least 15 m.
(3) A PCBU who contravenes this regulation commits an offence and is liable on conviction,--
(a) for an individual, to a fine not exceeding $6,000:
(b) for any other person, to a fine not exceeding $30,000.
13.28 Controls on transit depots where class 6 or 8 substances present
(1) A PCBU with management or control of a transit depot where the quantity of any class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance exceeds that specified for the relevant substance in regulation 13.38(1) must--
(a) notify WorkSafe of the following information at least 30 working days before the commissioning of the transit depot as a place for accommodating a class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance:
(i) the street address of the transit depot; and
(ii) the maximum quantity and the hazard classification of each of the class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances that the transit depot is designed or constructed to accommodate; and
(b) ensure that all class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances remain within their closed containers; and
(c) ensure that the requirements of regulation 13.10 (if applicable) are met; and
(d) ensure that all workers handling a class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance have received information, instruction, and training in accordance with regulation 4.5; and
(e) ensure that any road vehicle loaded with containers of class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances is--
(i) not less than 3 m from any other vehicle that is loaded with compatible substances; and
(ii) not less than 5 m from any other vehicle that is loaded with incompatible substances; and
(iii) not less than 3 m from any place where containers of compatible substances not on a vehicle are located; and
(iv) not less than 5 m from any place where containers of incompatible substances not on a vehicle are located; and
(f) ensure that any containers of class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances held in the transit depot but not loaded onto a vehicle are not less than 5 m from containers of incompatible substances; and
(g) designate, and clearly identify with signs, areas for containment, pending disposal, of any leaked or spilled material or damaged packages; and
(h) except when stored in transportable containers, ensure that stacks of packages and intermediate bulk containers in the transit depot containing class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances--
(i) do not exceed 25 tonnes; and
(ii) are accessible from all sides; and
(iii) are segregated from each other by at least 5 m; and
(i) ensure that transportable containers containing packaged or bulk class 6 or 8 substances in the transit depot are--
(i) not stacked more than 2 containers high and 2 containers deep;and
(ii) where stacked 2 containers deep, arranged so as to provide access to both sides of each stack; and
(iii) separated from containers of incompatible substances by at least5 m.
(2) Subclause (1)(f) and (i) does not apply to a PCBU with management or control of a port while the PCBU complies with the requirements for shipboard separation prescribed in the International Maritime Dangerous Goods Code.
(3) Subclause (1) does not apply to the storage in a transit depot of a class 6.1A, 6.1B, or 6.1C vertebrate toxic agent associated with the imminent start of a pest control operation, provided that--
(a) the requirements of regulation 13.26 are complied with; and
(b) the PCBU notifies WorkSafe of the place where the substance will be stored at least 24 hours before the commissioning of the place; and
(c) the holder of a controlled substance licence for the vertebrate toxic agent is present at the place.
(4) A PCBU who contravenes subclause (1)(a) commits an offence and is liable on conviction,--
(a) for an individual, to a fine not exceeding $6,000:
(b) for any other person, to a fine not exceeding $30,000.
(5) A PCBU who contravenes subclause (1)(b) to (i) 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.
13.38 Compliance certificate required for hazardous substance location
(1) A PCBU with management or control of a hazardous substance location where more than the following quantities of hazardous substance, in solid or liquid form in the following hazard classifications, are present must ensure that the location has a current compliance certificate that certifies compliance with the requirements specified in regulation 13.34:
(a) 50 kg or 50 L of class 6.1A:
(b) 250 kg or 250 L of class 6.1B:
(c) 1 000 kg or 1 000 L of class 6.1C:
(d) 50 kg or 50 L of class 8.2A:
(e) 250 kg or 250 L of class 8.2B:
(f) the quantity and the hazard classification of the substance specified in a relevant safe work instrument.
(2) A PCBU must ensure that the compliance certificate is renewed at intervals not exceeding 36 months.
(3) If there is a requirement to obtain more than 1 compliance certificate,--
(a) the compliance certifier may, at the request of the person or persons required to obtain the compliance certificates, examine at the same time any or all of those matters that require compliance certification for which the certifier is competent to certify; and
(b) if more than 1 matter has been examined, the report provided by the certifier must indicate whether the respective requirements have been met and must give the reasons for any failure to meet those requirements; and
(c) a single compliance certificate may be issued for any or all of those matters if the requirements have been met.
(4) In relation to a hazardous substance location situated on a farm of not less than 4 ha, subclause (1) applies if--
(a) the quantity of each class 6.1A substance present at the location exceeds 100 kg or 100 L; or
(b) the quantity of each class 6.1B substance present at the location exceeds 500 kg or 500 L; or
(c) the quantity of each class 6.1C substance present at the location exceeds 3 500 kg or 3 500 L; or
(d) the quantity of each class 8.2A substance present at the location exceeds 500 kg or 500 L; or
(e) the quantity of each class 8.2B substance present at the location exceeds 3 500 kg or 3 500 L; or
(f) the quantity of each substance specified in a relevant safe work instrument present at the location exceeds the quantity specified in the instrument.
(5) Despite subclauses (1) and (4), a relevant safe work instrument may, for a hazardous substance location that contains a substance described in regulation 13.34(1)(f), provide that the location is not required to have a current compliance certificate.
(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.
- 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B
- See Appendix 3 pages 1 and 2
- Regulations 13.26 and 13.27 come into force on 1/6/2018,
- Regulation 13.28 comes into force on 1/12/2018,
- Regulation 13.38 comes into force 1/12/2019
13.26 Storage of certain class 6 and 8 substances not located at hazardous substance location
(1) This regulation applies to the storage of a class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance at a place within a workplace if the PCBU with management or control of the place is not required to establish a hazardous substance location in accordance with regulation 13.34.
(2) The PCBU must ensure that--
(a) the place can be appropriately secured from access by persons other than those permitted by the PCBU to access the place; and
(b) a supply of water is available at a nearby location for personal hygiene; and
(c) adequate ventilation is provided for all storage and handling areas; and
(d) the substance is not kept near hazardous substances with which it is incompatible or with which it may react dangerously; and
(e) containers of the substance are kept away from sources of heat, are securely closed while not in use, and are kept in such a manner as to avoid spillage; and
(f) appropriate spillage retention measures are provided at the place if containers of the substance are likely to be opened or their contents are likely to be transferred.
(3) This regulation does not apply to a farm of not less than 4 ha.
(4) A PCBU who contravenes this regulation commits an offence and is liable on conviction,--
(a) for an individual, to a fine not exceeding $6,000:
(b) for any other person, to a fine not exceeding $30,000.
13.27 Requirements applicable to farms
(1) This regulation applies to the storage of a class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance at a farm of not less than 4 ha in respect of which a PCBU is not required to establish a hazardous substance location in accordance with regulation 13.34.
(2) The PCBU with management or control of the farm must ensure that--
(a) the storage area is situated not less than 10 m from any protected place; and
(b) the ground around the storage area is kept clear of combustible vegetation or refuse for a distance of 3 m; and
(c) the storage area is located, or secondary containment is used, so that any spillage of the hazardous substance will not reach any protected place, watercourse, or property boundary; and
(d) any storage area is separated from the boundary of the property by at least 15 m.
(3) A PCBU who contravenes this regulation commits an offence and is liable on conviction,--
(a) for an individual, to a fine not exceeding $6,000:
(b) for any other person, to a fine not exceeding $30,000.
13.28 Controls on transit depots where class 6 or 8 substances present
(1) A PCBU with management or control of a transit depot where the quantity of any class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance exceeds that specified for the relevant substance in regulation 13.38(1) must--
(a) notify WorkSafe of the following information at least 30 working days before the commissioning of the transit depot as a place for accommodating a class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance:
(i) the street address of the transit depot; and
(ii) the maximum quantity and the hazard classification of each of the class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances that the transit depot is designed or constructed to accommodate; and
(b) ensure that all class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances remain within their closed containers; and
(c) ensure that the requirements of regulation 13.10 (if applicable) are met; and
(d) ensure that all workers handling a class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substance have received information, instruction, and training in accordance with regulation 4.5; and
(e) ensure that any road vehicle loaded with containers of class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances is--
(i) not less than 3 m from any other vehicle that is loaded with compatible substances; and
(ii) not less than 5 m from any other vehicle that is loaded with incompatible substances; and
(iii) not less than 3 m from any place where containers of compatible substances not on a vehicle are located; and
(iv) not less than 5 m from any place where containers of incompatible substances not on a vehicle are located; and
(f) ensure that any containers of class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances held in the transit depot but not loaded onto a vehicle are not less than 5 m from containers of incompatible substances; and
(g) designate, and clearly identify with signs, areas for containment, pending disposal, of any leaked or spilled material or damaged packages; and
(h) except when stored in transportable containers, ensure that stacks of packages and intermediate bulk containers in the transit depot containing class 6.1A, 6.1B, 6.1C, 8.2A, or 8.2B substances--
(i) do not exceed 25 tonnes; and
(ii) are accessible from all sides; and
(iii) are segregated from each other by at least 5 m; and
(i) ensure that transportable containers containing packaged or bulk class 6 or 8 substances in the transit depot are--
(i) not stacked more than 2 containers high and 2 containers deep;and
(ii) where stacked 2 containers deep, arranged so as to provide access to both sides of each stack; and
(iii) separated from containers of incompatible substances by at least5 m.
(2) Subclause (1)(f) and (i) does not apply to a PCBU with management or control of a port while the PCBU complies with the requirements for shipboard separation prescribed in the International Maritime Dangerous Goods Code.
(3) Subclause (1) does not apply to the storage in a transit depot of a class 6.1A, 6.1B, or 6.1C vertebrate toxic agent associated with the imminent start of a pest control operation, provided that--
(a) the requirements of regulation 13.26 are complied with; and
(b) the PCBU notifies WorkSafe of the place where the substance will be stored at least 24 hours before the commissioning of the place; and
(c) the holder of a controlled substance licence for the vertebrate toxic agent is present at the place.
(4) A PCBU who contravenes subclause (1)(a) commits an offence and is liable on conviction,--
(a) for an individual, to a fine not exceeding $6,000:
(b) for any other person, to a fine not exceeding $30,000.
(5) A PCBU who contravenes subclause (1)(b) to (i) 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.
13.38 Compliance certificate required for hazardous substance location
(1) A PCBU with management or control of a hazardous substance location where more than the following quantities of hazardous substance, in solid or liquid form in the following hazard classifications, are present must ensure that the location has a current compliance certificate that certifies compliance with the requirements specified in regulation 13.34:
(a) 50 kg or 50 L of class 6.1A:
(b) 250 kg or 250 L of class 6.1B:
(c) 1 000 kg or 1 000 L of class 6.1C:
(d) 50 kg or 50 L of class 8.2A:
(e) 250 kg or 250 L of class 8.2B:
(f) the quantity and the hazard classification of the substance specified in a relevant safe work instrument.
(2) A PCBU must ensure that the compliance certificate is renewed at intervals not exceeding 36 months.
(3) If there is a requirement to obtain more than 1 compliance certificate,--
(a) the compliance certifier may, at the request of the person or persons required to obtain the compliance certificates, examine at the same time any or all of those matters that require compliance certification for which the certifier is competent to certify; and
(b) if more than 1 matter has been examined, the report provided by the certifier must indicate whether the respective requirements have been met and must give the reasons for any failure to meet those requirements; and
(c) a single compliance certificate may be issued for any or all of those matters if the requirements have been met.
(4) In relation to a hazardous substance location situated on a farm of not less than 4 ha, subclause (1) applies if--
(a) the quantity of each class 6.1A substance present at the location exceeds 100 kg or 100 L; or
(b) the quantity of each class 6.1B substance present at the location exceeds 500 kg or 500 L; or
(c) the quantity of each class 6.1C substance present at the location exceeds 3 500 kg or 3 500 L; or
(d) the quantity of each class 8.2A substance present at the location exceeds 500 kg or 500 L; or
(e) the quantity of each class 8.2B substance present at the location exceeds 3 500 kg or 3 500 L; or
(f) the quantity of each substance specified in a relevant safe work instrument present at the location exceeds the quantity specified in the instrument.
(5) Despite subclauses (1) and (4), a relevant safe work instrument may, for a hazardous substance location that contains a substance described in regulation 13.34(1)(f), provide that the location is not required to have a current compliance certificate.
(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.