4 July 2023

WorkSafe has granted an exemption (HS2119) to Chorus New Zealand Limited from compliance with regulation 17.63(4)(a)(ii), 17.63(4)(b), and 17.91(2)(b)(i) and (ii) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to the specified stationary container systems installed in specified telecommunication buildings throughout New Zealand.

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:

• it is not practical to bring the specified tanks into compliance with regulations 17.63(4)(a)(ii) and 17.63(4)(b) as the comparative reduction in risk achieved by compliance with these regulations is not material; and
• it is not practical for the tanks to comply with regulation 17.91(2)(b)(i) and (ii) as compliance certificates for the design and fabrication of the tanks cannot be issued retrospectively once the tanks have been installed.

The exemption comes into effect 4th July 2023 and expires on 4th July 2028 unless it is replaced sooner or revoked.