31 October 2019

WorkSafe has granted an exemption to FireWise Limited from compliance with Regulations 15.16 and 15.17 of the Health and Safety at Work (Hazardous Substances) Regulations 2017.

The application to grant an exemption has been decided as follows:

The exemption is granted by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 on the basis that WorkSafe is satisfied that:

1. the relevant legislative and regulatory requirements have been satisfied, namely:
   • the requirements of section 220(2) of HSWA are met, subject to conditions to manage the risks to workers and other persons; and
   • the cylinder meets the criteria specified in regulation 15.18 for an exemption from regulations 15.16, and 15.17 of the Health and Safety at Work (Hazardous Substances) Regulations ­­­2017 as:
     • This cylinder is to an approved design that conforms to an internationally recognised design standard for cylinder manufacture intended to ensure a high level of safety when the cylinder is pressurised; and
     • it is not reasonably practicable for the cylinders to be issued with a pre-commissioning certificate under regulation 15.17 as that involves destructive testing.

This exemption takes effect on 31 October 2019 and expires on 31 October 2024 unless it is sooner replaced or revoked.

The application to grant an exemption has been decided as follows:

1. This exemption is limited to the Faber Industrie S.p.A. cylinder with serial numbers 05/0029/004 and 05/0037/076.
2. FireWise Limited must in accordance with regulation 15.60, stamp the cylinders as follows:
   • cylinder 05/0029/004 the approval number LAB7721SP;
   • cylinder 05/0037/076 the approval number LAB7722SP;
   • the station mark of the approved test station.
3. FireWise Limited must not stamp the approval numbers LAB7721SP or LAB7722SP on any other cylinder.