13 February 2023

WorkSafe has granted an exemption (SEP2104) to Handley Industries 2022 Limited from compliance with regulation 11.29(1) and 11.36(2)(c) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 for the site located at 77 Hillside Road, Glenside, Auckland.

The exemption is granted by WorkSafe, subject to conditions, 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 the proposed exemption; and
• the exemption is not inconsistent with the purpose of the Act.

WorkSafe note that:

• it is not practicable for the applicant to comply with regulation 11.29(1) as personnel doors and external roller doors cannot be sourced with a fire resistance rating of -/240/60 to meet the requirements of a type D store as specified in the Health and Safety at Work (Hazardous Substances) Regulations 2017.
• it is not practicable for the applicant to comply with regulation 11.36(2)(c) as roller doors cannot be built with an insulation rating and therefore, cannot meet the fire resistance rating of -/240/60 minutes to meet the requirements of a type 3 workroom as specified in the Health and Safety at Work (Hazardous Substances) Regulations 2017.
• it is not practicable for the applicant to comply with the fire resistance rating of 240/240/240 minutes for the ceiling of the workroom as it has been constructed with a fire resistance rating of 60/60/60 minutes and there is a parapet wall between the workroom and the adjacent store.

The exemption comes into effect 13 February 2023 and expires on 13 February 2028 unless it is replaced sooner or revoked.