18 March 2022

WorkSafe has granted an exemption (HS2107) to Hiringa Refuelling New Zealand Limited from compliance with regulation 17.17 (1)(a), (3), and (4) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 (the HS Regulations) in relation to the use of MEGCs as stationary container systems at four locations.

The stationary container systems are at: 

• 143 Tasman Road, Te Rapa, Hamilton, 3288; and
• Cnr Setters Line & Railway Road, Palmerston North, 4474; and
• 25 Roscommon Road, Wiri, Auckland, 2104; and
• Lot 532, Kaweroa Drive, Tauriko Business Centre, Tauranga, 3110.

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 is satisfied that–

• the MEGCs to be used as stationary container systems comply with an internationally recognized standards that provide a level of assurance comparable to those provided by the HS Regulations; and
• MEGCs provide a safer storage option than other options that are compliant with HS Regulations; and
• the exemption accommodates emerging technologies that were not considered when the HS Regulations were drafted.

The exemption comes into effect 18 March 2022 and expires on 18 March 2027 unless it is replaced sooner or revoked.