7 March 2023

WorkSafe has granted an exemption (SEP1840) to Altex Coatings Limited from compliance with regulation 11.36(2) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 for the construction of a workroom at 91-111 Oropi Road, Tauranga.

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 the proposed exemption; and
• the exemption is not inconsistent with the purpose of the Act.

WorkSafe also notes that:

• for the size of the intended activities, it is not practicable to comply with the requirements of regulation 11.36(2) of the Health and Safety at Work (Hazardous Substances) Regulations 2017.
• the risk associated with the non-compliance is mitigated by the application conditions including requirements for:
  • a fixed aerosol fire suppression system
  • the walls of the workroom have a fire resistance rating of 240/240/240 minutes and will have a one metre parapet above the roof line
  • the secondary containment of the workroom is at least 100% of the total capacity
  • other requirements of AS1940
  • specified separation distances to neighbouring protected places

The exemption comes into effect 7 March 2023 and expires on 7 March 2028 unless it is replaced sooner or revoked.