Our expectations for managing hazardous substances in areas with access issues or damage as a result of Cyclone Gabrielle.

Our expectations of compliance certifiers

Compliance certificates are a requirement of the Health and Safety at Work (Hazardous Substances) Regulations 2017 and can only be issued by WorkSafe authorised compliance certifiers. For most types of certificates (e.g., location compliance certificates and stationary container compliance certificates) the compliance certifier must visit the site.

Where a compliance certifier is asked to issue a compliance certificate that requires a site visit and the certifier can’t visit the site, the certifier must not issue the compliance certificate.

Our expectations of PCBUs operating in affected areas

General expectations

The overarching principle is that PCBUs must ensure any hazardous substances they have on site are securely stored and the containers in which they are held have not been damaged as a result of Cyclone Gabrielle. If the PCBU has any concerns, they should take precautions and seek professional advice.

If certification has expired or is due to expire

Some PCBUs’ compliance certificates may have expired or be due to expire. It may not be possible for some PCBUs in this position to obtain a compliance certificate due to certifiers’ inability to access a site.

Our expectations of PCBUs in this situation are set out below and differ depending on whether compliance certificates have expired or are due to expire.  

Get your certifier to inspect your site

Our usual expectation is for all PCBUs that are operating to comply with all relevant regulatory requirements, including any requirements for compliance certification. If you’re operating in an area affected by Cyclone Gabrielle, you must take all practicable steps to ensure your compliance certificate is renewed.

• If your compliance certificate is issued, you can continue to operate.
• If your certifier declines to issue your compliance certificate, they’re required to notify WorkSafe and a WorkSafe inspector may follow up with you.

Inspect your site yourself, if your certifier can’t

If a certifier cannot inspect your site, work doesn’t necessarily need to stop. If, as a direct result of access issues caused by Cyclone Gabrielle, and only for that reason, you are unable to have your site inspected by a certifier, you may be able to operate for a period without certification in place if it is safe to do so.

Where that’s the case, we expect you to:

• comply with the Health and Safety at Work Act 2015 and any relevant regulations in all other respects;
• review your operations against the prescribed requirements for obtaining a compliance certificate, and document the review;
• ensure your operations have remained compliant;
• ensure the review documentation is made available on request to certifiers or WorkSafe inspectors;
• analyse the risk of operating; and
• renew the compliance certificate as soon as possible.

We recommend you develop a checklist to help you document your review. If you’re unable to develop a checklist, contact your certifier who may be able to help you remotely.

If you inspect your site and, based on your review think it is safe to do so, you can continue to operate.

If you inspect your site and, based on your review think it is unsafe to operate or you are not sure, you should take precautions and seek professional advice.

If you’re unable to inspect your site, you should take precautions and seek professional advice.

If you have issues obtaining necessary compliance certificates because your site can’t be accessed due to damage caused by Cyclone Gabrielle and you can’t inspect it yourself, please let us know at healthsafety.notification@worksafe.govt.nz.

Our expectations of PCBUs that are in affected areas, but unable to operate

If certification has expired or is due to expire

If you’re not operating due to access issues caused by Cyclone Gabrielle and your compliance certificate expires, you may need to hold the hazardous substance(s) for a period without certification in place.

Where that’s the case, we expect you to:

• assess your site for damage that poses risks to the hazardous substances you hold;
• ensure the site remains static, e.g., the hazardous substances should not be used, handled or moved, unless doing so is required to make the site safe;
• comply with the Health and Safety at Work Act 2015 and any relevant regulations in all other respects; and
• renew your compliance certificate as soon as possible.

It’s important to remain in touch with your certifier so that when you do resume operating you can get your certification renewed as soon as possible.

Our approach if a compliance certificate is a pre-condition for supplying hazardous substances

In some circumstances, a compliance certificate is a pre-condition for a supplier delivering hazardous substances to a site, e.g., delivery of fuel to a service station. Access issues caused by Cyclone Gabrielle may create difficulties for PCBUs that require a compliance certificate and need to renew that certificate.

We’re unlikely to prioritise enforcement action against either the installation PCBU or the PCBU supplying hazardous substances to those installations if access issues are the only reasons the installation PCBU could not obtain a compliance certificate. If we do decide to take action, our response will reflect the risk gap.

If you’re a supplying company delivering a hazardous substance to a PCBU operating in an area affected by Cyclone Gabrielle and they have an expired compliance certificate as a direct result of access issues caused by Cyclone Gabrielle, you should ask to see the PCBU’s documentation of its own review of its operations.