1 October 2020

WorkSafe has granted an exemption (HS0007) to IXOM Operations Pty Ltd from compliance with Regulation 12.16 of the Health and Safety at Work (Hazardous Substances) Regulations 2017 to meet the secondary containment system capacity requirements of 5.1.1B substances held in containers of more than 450 L in storage bunkers at 135-147 Waterloo Road, Hornby, Christchurch.

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 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.

This exemption is considered appropriate as:

• The site has tertiary containment available in addition to the secondary containment.
• The risks can be mitigated by additional controls. 
• The costs to IXOM Operations Pty Ltd are not proportionate to the low likelihood and the low risk of an event requiring the prescribed capacity of secondary containment.
• The prescribed capacity of secondary containment for hydrogen peroxide has been noted for future review.

The exemption comes into effect 1 October 2020 and expires on 1 October 2025 unless it is replaced sooner or revoked.