2 August 2024

WorkSafe has granted an exemption (​HS2307​) to ​Pharmalink Extracts Limited​ from compliance with regulations 15.64, 15.69(2) and 15.69(3) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to three stationary tanks, V820 (serial number: MS 7364), V220 (serial number: 146499) and V220 (serial number: 6377) located at ​379 Appleby Highway, Richmond, Nelson​.

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; and
• this is a situation where it is necessary and appropriate to exercise discretion to grant an exemption (section 220(1)).

WorkSafe also notes that:

• it is not possible to comply with regulation 15.64 as WorkSafe authorised compliance certifiers are unable to approve Pharmalink operators as approved fillers. Pharmalink’s internal training and certification programme achieves no lesser health and safety risk to workers and others on site. 
• it is not practicable or possible to comply with regulations 15.69(2) and (3) for the stationary tanks to be filled by weight or weighed after filling. There is no lesser health and safety risk to workers with the way the stationary tanks are filled as the operational procedures and safety measures on the tanks prevent overfilling of the tank and achieves the purpose of the regulation in an alternative manner. 

The exemption comes into effect ​2 August 2024 and expires on 2 August 2029​ unless it is replaced sooner or revoked.