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Commencement and Transitional Arrangements

Most requirements under the Health and Safety at Work (Hazardous Substances) Regulations come into force on 1 December 2017. However in some cases there are:

  • later commencement dates for some specific regulations, which give you longer to comply
  • provisions which allow existing approvals and test certificates under the former Regulations to continue until their expiry date (if any).

The following tables summarise some of the key commencement dates and transitional arrangements.

It is intended that Regulation 4.5 will come into force on 1 June 2018. Due to a drafting error, the Regulations currently state that Regulation 4.3 will come into force on this date. This will be amended to Regulation 4.5 before 1 December 2017. The effect of this change is that Regulation 4.3 will come into force on 1 December 2017, as originally intended.

 

Requirements with later commencement dates

Requirement

Commencement Date

Regulation number

Duty to provide information, training and instruction to every worker who uses, handles, manufactures, or stores hazardous substances.

1 June 2018 (intended)

4.5

Application of the Regulations to use, handle and store hazardous waste.
(Provisions, other than those in Regulation 1.4, that specifically refer to hazardous waste, such as inventory and labelling, start on 1 December 2017).

1 June 2019

1.4

For class 6.1A, 6.1B, 6.1C, 8.2A and 8.2B substances:

Storage requirements not at a hazardous substance location

1 June 2018

13.26

Storage requirements at farms

1 June 2018

13.27

Storage requirements at transit depots

1 December 2018

13.28

Establish a hazardous substance location

1 June 2019

13.34

Requirements for stores other than indoor storage cabinets

1 June 2019

13.35

Indoor storage cabinets

1 June 2019

13.36, 13.37

Location compliance certificate (where certain class 6 and 8 substances are present in specified quantities)

1 December 2019

13.38

 

Transitional arrangements for existing (HSNO) certificates and approvals

Transitional provisions found in Schedule 1: Transitional, savings, and related provisions of the new Regulations. Certification and approvals must be current at the time the new Regulations come into force for the transitional arrangements to apply.

Certification or approval

Transitional arrangements

Clause in
Schedule 1

Emergency response plan

An ERP prepared under the Hazardous Substances (Emergency Management) Regulations 2001 will be treated as an ERP prepared under the new regulations.

Clause 2

Test certificates

A test certificate issued by a test certifier under section 82 of the HSNO Act continues under the new Regulations as a compliance certificate for the balance of the period for which it was issued.

Various

Conditional test certificate for a location

These certificates remain in force. However, if the conditions are not met by the specified date, the certificate will expire.

Clause 3

Test certifiers

Approved test certifiers are treated as authorised compliance certifiers when the Regulations come into force, until their approval expires. The approval will continue to be subject to any limitations imposed on it.

Clause 4

Gas cylinders or fittings

Cylinders and other equipment (eg fire extinguishers, cylinder valve outlet connections, regulators) that complied with the HSNO Compressed Gas regulations will be treated as complying with the new Regulations.

Recalls and withdrawals of approvals, in force when the new Regulations begin, continue.

Clause 17

Clause 26

Cylinder design verification certificates

Continue under the new Regulations until their expiry date, subject to any conditions on the certificate.

Clause 18

Recognised inspection agency (RIA)

Continues as the RIA under the new Regulations until the expiry of that approval (if any).

Clause 16

Waiver of requirement for a pre-commissioning certificate; and

Waiver of test certificate for imported fittings for LPG cylinders

Continue under the new Regulations.

Clauses 21 and 23

Controlled Substance Licences

Continue under the new Regulations until their expiry date, subject to any conditions on the licence.

Clause 5

Approvals of burners, vapourisers and dispensers

Continue under the new Regulations until their expiry date, subject to any conditions on the approvals.

Clauses 37, 38 and 40

Reduced separation distances or variations of other matters for flammable substances

Continue under the new Regulations, until their expiry date (if any).

Clause 12

Waivers for fire fighting facilities for stationary tank

Continue under the new Regulations until their expiry date (if any).

Clause 36

Compliance plans for stationary container systems

Existing compliance plans continue under the new Regulations until their expiry date

Stationary container systems that were being constructed or were being used before 1 July 2006 may need a compliance plan to meet the new Regulations.

Clauses 44, 42 and 43

Approvals in relation to secondary containment systems

Approvals to increase the maximum or aggregate capacity of stationary containers in a secondary containment system in effect when the new regulations begin will continue in force until the expiry of that approval (if any).

Approvals to reduce the capacity of secondary containment in effect when the new regulations begin will continue in force until the expiry of that approval (if any).

Clauses 48 and 49

 

Clause 47

 

Periodic testers

There is no transitional period for periodic testers. On 1 December all periodic tester approvals expire.

In their place there is a new requirement for PCBUs that test cylinders to be authorised as test stations. Only test stations can inspect and test gas cylinders.

You can apply to be authorised as a test station from 1 September 2017.

Last updated 20 September 2017