WorkSafe New Zealand has granted an exemption (HS2204) to Foodstuffs South Island Limited from compliance with regulations 10.28(1)(a) [only as is applies to class 4.1.1B substances], 10.31, 11.25(d)(i), 11.29(1), 11.42(1), 13.31, and 13.43(3)(b) in relation to the distribution centre located at 17 Hickory Place, Hornby, Christchurch 8042.
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—
- the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to it; and
- the exemption is not inconsistent with the purpose of the Act as:
- the quantities and types of hazardous substances present at the distribution centre are limited to only what is necessary for Foodstuffs to function effectively; and
- the package sizes of products containing hazardous substances are small and thus present little risk in the case of a spill; and
- Foodstuffs has in place, and will further put in place, fire protection measures that ensure no lesser safety is provided than what is required by the Health and Safety at Work (Hazardous Substances) Regulations 2017 (HS Regulations); and
- Foodstuffs will ensure spill prevention measures are in place and spill containment is available near pooling hazardous substances that are equivalent to the secondary containment required by the HS Regulations; and
- Foodstuffs will continue to meet separation distance requirements for protected places that are external to their warehouse storage area; and
- this is a situation where there is good reason to grant an exemption under section 220(1).
The exemption comes into effect on 31 March 2026 and expires on 31 March 2031 unless it is replaced sooner or revoked.
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