31 March 2021

WorkSafe has granted an exemption to Gas Workz Limited from compliance with Regulations 15.13, 15.16 and 15.17 of the Health and Safety at Work (Hazardous Substances) Regulations 2017 (HS Regulations).

The application to grant an exemption has been decided as follows:

The exemption is granted by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 (the Act) 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 purposes of the Act.

WorkSafe notes that:

• The cylinder is an adequate match to an approved design that conforms to an internationally recognised design standard for cylinder manufacture intended to ensure a high level of safety when the cylinder is pressurised; and
• It is not reasonably practicable for the cylinder to gain a pre-commissioning compliance certificate under regulation 15.17 of the HS Regulation.

This exemption takes effect on 31 March 2021 and expires on 31 March 2026 unless it is sooner replaced or revoked.