The Health and Safety at Work (Hazardous Substances) Regulations 2017 (the Regulations) require hazardous substance locations containing packages of class 6 & 8 substances to be separated from protected places. The required distances are set out in regulations 13.41 and 13.43.

Regulation 13.40 allows this distance to be measured around an intervening wall subject to certain requirements.

Reductions under Regulation 13.43A

Changes to the Regulations that came into effect on 5 January 2022 allow for the distances prescribed in regulations 13.41 and 13.43 to be reduced subject to a determination from WorkSafe. The provision for this is set out in regulation 13.43A.
Reductions can only apply in situations where the protected places are on the same site as the class 6 or 8 substances following the completion of a risk assessment. Anyone applying for this determination will have to propose controls beyond those prescribed in the regulations, and engage with a compliance certifier.
A reduction is also available for stationary containers of class 6 & 8 substances via regulations 17.28(1)(a) and 17.29(1)(a) of the Regulations. This is also subject to a risk assessment but a determination from WorkSafe is not required.
To apply for a determination, supply the relevant documents to