WorkSafe New Zealand has granted an exemption (HS2504) to IXOM Operations Pty Ltd from compliance with regulation 12.16(1)(b) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to secondary containment located at 166 Totara Street, Mt Maunganui.
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 risk of failure of multiple containers releasing a quantity of hydrogen peroxide in excess of the available secondary containment is extremely unlikely; and
- if a release were to exceed the available secondary containment, there is sufficient other on-site containment to accommodate the release; and
- conditions on the exemption will prevent the mixing of incompatible substances within the secondary containment system and ensure the ongoing working integrity of the containment systems; and
- there should be no less a level of health and safety protection for workers and other persons on site from the shortfall in secondary containment.
- this is a situation where there is good reason to grant an exemption under section 220(1).
The exemption comes into effect on 16 July 2026 and expires on 16 July 2031 unless it is replaced sooner or revoked.
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