28 May 2021

WorkSafe has granted an exemption (HS0018) to Lakes District Health Board from compliance with regulations 17.63(4)(a)(i) and 17.63(7)(e) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to the 1,200 litre diesel tank at Rotorua Hospital.

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 notes that:

• the risk associated with the confined space is minimal; and
• the risk associated with the confined space is be mitigated for by the design of the room; and
• the risk associated with the service tank not being on the lowest level of the building is mitigated by the requirements of regulation 17.63(7); and
• the works required to become compliant with these regulations is disproportionate to the reduction in risk compliance would provide.

The exemption comes into effect 28 May 2021 and expires on 28 May 2026 unless it is replaced sooner or revoked.