12 November 2021

WorkSafe has granted an exemption with conditions (HS2103) to Lanocorp New Zealand Limited from compliance with regulation 10.28(2) and (4) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to the storage of class 4.2C activated charcoal powder substances at 2 Hynds Drive Rolleston, Christchurch.

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; and

WorkSafe also note that –

• it is not reasonably practicable to comply with regulation 10.28(2) as there is an asphyxiation risk associated with storing the activated charcoal compounds in a confined space; and
• it is not reasonably practicable to comply with regulation 10.28(4) as storing the compounds external to the protected place would introduce additional risks; and
• the risk associated with the non-compliance can be mitigated by the controls established within section 5.7 of the New Zealand Standard "AS/NZS 5026:2012 The storage and handling of Class 4 dangerous goods" as they provide the same or similar level of protection as the requirements of regulation 10.28(2) and (4).

The exemption comes into effect 12 November 2021 and expires on 12 November 2026 unless it is replaced sooner or revoked.