25 October 2019

WorkSafe has granted an exemption to Rockgas Limited and Heartland Fuels & Energy Limited from compliance with Regulation 11.21 of the Health and Safety at Work (Hazardous Substances) Regulations 2017.

The exemption applies to the LPG tank #119136 located at 108 Whitford Road, Somerville, Auckland.

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—

• 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

WorkSafe notes that—

• the applicants are not reasonably able to comply with the regulatory requirements; and
• the risks to health and safety of workers and others can be managed by the use of the existing intervening wall and the installation of a functioning firehose reel within 20 metres of the LPG tank.

This exemption takes effect on 25 October 2019 and expires on 25 October 2024 unless it is replaced sooner or revoked.