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Frequently asked questions

Hazardous Substances

What is a hazardous substance?

A hazardous substance is any substance that has one or more of the following properties, above specified levels. 
  • an explosive nature (including fireworks)
  • flammability
  • ability to oxidise (i.e. accelerate a fire)
  • corrosiveness
  • acute or chronic toxicity (toxic to humans)
  • ecotoxicity, with or without bioaccumulation (i.e. can kill living things either directly or by building up in the environment)
  • can generate a hazardous substance on contact with air or water.

Hazardous substances can have more than one hazardous property.  For example, methylated spirits and petrol are flammable and toxic. 

For more information, see:

What is a hazardous substance?

What are hazardous substances controls?

​The HSNO Act 1996 and supporting regulations tell you how to manage or control hazardous substances.  The hazardous substance controls are the rules that you must follow to safely manage chemicals.  These controls apply throughout the life-cycle of a substance including manufacture, packaging, storage, transport, use and disposal.

All substances have a hazard classification. It is the classification that will determine how the substance is controlled. The hazard classification should be found on the safety data sheet, which can be obtained from the manufacturer or the distributor of the product. They are required to provide you with a copy.

You can also look up the classification of your substances in the:

Some substances are approved by means of a Group Standard.  In this case you must refer to the group standard to find out the conditions that have to be followed.  The safety data sheet will identify the group standard the substance belongs in. 

How do you get a hazardous substance approval?

All new hazardous substances need an approval. 

Group standards are approvals for a group of hazardous substances of a similar nature, type or use. Most domestic and workplace chemicals (except for pesticides, veterinary medicines, timber treatment chemicals and vertebrate toxic agents) are approved under group standards. If your substance is not covered under an existing approval, you need to make an application to the EPA.
If you do not know if your substance is approved:

What are the life cycle controls?

Life cycle controls apply to all phases of the existence of a substance, from extraction, import or manufacture to disposal, including storage, transport, handling and use.  Sometimes referred to as the pan-life cycle controls they relate to:

  • packaging and containment – e.g. strength, durability and resistance to contents for packages and bulk containers
  • identification – information on labels, signs, documentation, advertising and safety information for workers
  • competency of handlers – requiring appropriately skilled people to be in charge of hazardous substances (generally only required for more highly hazardous substances)
  • emergency preparedness – ensuring information or equipment is on hand to deal with emergencies
  • tracking – systems to locate highly hazardous substances
  • disposal – to be done in a way that does not create damage or harm.

There are also specific life-cycle controls on hazardous substances to ensure safe use in the home, for example:

  • permanent marking on containers for toxic substances
  • child-resistant closures for toxic and corrosive substances.

Where do I find the controls for my chemical?

You can look up the classification of your substances in the HSNO Chemical Classification and Information Database (CCID) or the Controls for Approved Hazardous Substances that lists classification, the controls and any variation to the controls.  

Some substances are approved by means of a Group Standard.  In this case, refer to the group standard to find out the conditions that have to be followed.  The safety data sheet will identify the substance group standard.

How do you make a status of substance (SOS) request?

Does HSNO apply to substances that are in common use?

The Hazardous Substances and New Organisms Act applies to all chemicals or hazardous substances whether used in your workplaces or home. 

Common substances such as petrol, paints, solvents, methylated spirits, swimming pool chemicals, are subject to a number of controls depending on the type of hazard they present to people and the environment.

With household products, if you follow the use, storage and disposal requirements on the label you will be safe.

In the workplace, you should refer to the label and the substance safety data sheet.

 

How do I manage household bleach (sodium hypochlorite)?

Bleach is normally a solution of sodium hypochlorite in water.  It is managed differently depending on its concentration.  Household bleach is typically 3-5% concentration.  With household products you will be safe if you follow the use, storage and disposal requirements on the label.

Strong bleach (greater than 25% sodium hypochlorite in a non hazardous diluent) may cause harm to people and the environment.  It must be in appropriate packaging and labelled as corrosive and ecotoxic.  If you hold more than 100 litres emergency management procedures, secondary containment and signage need to be in place, although this is only likely to apply in a workplace.  Ask your supplier for a safety data sheet.

 

How do I manage my swimming pool chemicals?

If you have a swimming pool at your home and use pool chemicals it is important that you carefully read all the instructions on the label, especially how to use the substance and where and how to store it safely. 

Many pool chemicals are oxidising agents that support combustion.  They have toxic and corrosive properties, and are harmful to the environment.  Pool chemicals may be incompatible with other substances and they could react violently. 

Do not store large quantities.  Make sure your substances are locked up in a safe place.  Keep them away from children, sources of ignition such as electricity and other flammable substances.

Talk to your supplier if you need more information on the specific products you are using and ask for a safety data sheet.  This will give you more details on the safe use, storage and disposal of your chemical.

How do I manage flammable paints and solvents?

Most paints these days are water based and not flammable. However, there are certain specialist paints that will be flammable.  Industrial and protective paints include both single-pack and multi-pack epoxies, for example, polyurethanes and acrylic lacquers for automotive spray painting.  In the main these products will have acute or chronic toxicity, corrosive and flammable hazards.

Solvents or thinners are used with solvent-borne paints to achieve the correct application properties and are generally blends of solvents with a flammable grouping.  Flammable solvents include methylated spirits and mineral turps. 

Antifouling paints are a specific group of products that require particular care.  Make sure you understand and follow the manufacturer’s instructions.

Aerosols are a type of packaging for specific grades of paint, normally solvent-based, and generally in a nominal 300 ml can. As well as the paint itself, there is the added hazard associated with the flammable carrier gases, and the container being pressurised.

If you have solvents or thinners at home, you should only store small amounts.  Keep in the original containers which should be properly labelled and kept closed when not in use.  Follow the directions on the label and general safe use and storage practices.  Similarly with paints, do not hold large quantities for any length of time.  Most paint suppliers now offer recycling facilities.

At a workplace, the quantity that you have and how it is stored will determine the controls you must follow.  For larger amounts (250L stored on site) an approved handler is required in your workplace.  To become an approved handler you must satisfy a test certifier that you know about the substances you are dealing with, the equipment that you use and you understand the legislation.  You may acquire the knowledge by completing a training course, or through gaining practical “On the Job” experience. 

Your workplace may also need a location test certificate if you store or use more than 50 litres in some instances.  This can be arranged by a test certifier visiting your facility to verify that the necessary controls are in place.

Flammable paints and solvents must be stored in an approved metal cabinet.  They must not be stored with oxidisers, such as nitrates or chlorates, or with corrosives such as strong acids or alkalis.

 

How do I manage pickling paste (hydrofluoric acid)?

Pickling paste and fluxes are used in the metal industries and often contain hydrofluoric acid. 

Even in low concentrations hydrofluoric acid is a highly toxic and corrosive substance that can cause serious and irreversible health effects through inhalation or if swallowed.  All recommendations for safe use, personal protective equipment and first aid requirements should be understood and followed.

An approved handler is generally required to be available and present at the location when the substance is being used.  Otherwise it must be securely locked away.  Check the substance safety data sheet and classification. 

For hydrofluoric acid with a concentration of more than 7% in an aqueous solution, the substance will also have to be tracked, which means records must be kept of the amount held, how much is used and when it was used.

 

How do I manage petrol?

One of the most hazardous substances a good number of us have to deal with is petrol. We tend to take it for granted since it is so common and familiar, but we need to pay it respect.

Storage of petrol, other than in the tank of a motor vehicle, whether in a workplace, or at home or a holiday location is restricted to 50 litres.  The petrol should be held in containers with a maximum capacity of 25 litres.  The containers must be designed for the purpose and must be fitted with a screw-cap or closure to prevent leakage of liquid or vapour.  

If you want to hold more than 50 litres you will need a location test certificate which is obtained from a test certifier.  The test certifier will visit your location to confirm that the substance is stored safely and consistent with the hazardous substances legislation.

Storing petrol or other fuels presents a significant hazard.  Petrol and other fuels give of vapour which are extremely flammable and must be treated with the utmost care.

We all know that petrol is highly flammable and easily ignited. Because petrol is so easily ignited, you must use great care in handling it.  A few basic principles for managing petrol safety include:

  • No naked lights and no smoking in the vicinity, never smoke within 20 metres of petrol.
  • Never refuel a hot engine or an engine that is running. Shut down the engine and let it cool off for at least 10 minutes. The highest temperatures attained by a small engine occur immediately after shutdown, so it is not safe to refuel immediately after shutdown.
  • Use only approved petrol containers. When transporting containers, be sure they are secured in the vehicle. Fill containers no more than 95 percent full to allow room for thermal expansion. Be sure your containers have secure lids.
  • Never remove the cap from a petrol tank while the engine is hot, combustible vapour can flow out and come in contact with manifolds, exhaust pipes and other hot engine parts.
  • Do not leave petrol containers in direct sunlight or in the trunk of a car.
  • Never store petrol containers or equipment with petrol tanks near a flame.  Many homes have natural gas water heaters or heating systems in storage rooms.
  • Do not use electronic equipment such as cell phones near petrol. A spark from the electronics could ignite the petrol.
  • When fuel is transferred from a container into a vehicle - follow basic health and safety precautions
    • Decant in the open air - not inside the garage
    • Use a pouring spout or funnel.
  • If clothing is splashed with fuel, change it immediately.

At home, fuel containers must not be stored in living accommodation such as kitchens, living rooms and bedrooms or under staircases. Any storage place should be well away from living areas in case of fire and it should be secured, to protect against the possibility of vandalism or arson.

As well as being flammable, petrol is poisonous.  If you accidentally swallow petrol, call a doctor at once. Do not induce vomiting. If you get petrol in your eyes, flush with water for at least 15 minutes and call a doctor. Petrol on your skin may not initially appear to be a problem, but prolonged or repeated liquid contact can lead to irritation or dermatitis.

Breathing petrol fumes is dangerous. Exposure to vapour concentrations can cause respiratory irritation, headache, dizziness, nausea and loss of coordination.  Higher concentrations may cause loss of consciousness, cardiac sensitization, coma and death resulting from respiratory failure.

Petroleum vapour can cause irritation of the eyes, nose and throat, and exposure to high concentrations, particularly in confined spaces, can cause dizziness and unconsciousness.

Most importantly, do not swallow petrol or diesel or attempt to use the mouth to siphon it, under any circumstances. This can result in it entering the lungs or stomach, which can be fatal.

Take care when filling your vehicle's fuel tank or appropriate approved container.  Spillages or leaks pose a number of hazards, so do not overfill your tank and make sure that the filler cap is securely in place and not leaking.  Fuel expands and vapour can build up in hot weather, so avoid filling to the brim. 

A spark from static electricity can ignite petrol. Static electricity is more of a problem under low humidity conditions, but you should always be aware of the potential problem and take steps to avoid sparks from static electricity.

  • Avoid sliding on or off the seat of a mower or tractor while fuelling; a static charge and spark can result.
  • Place your hand on a metal part of the machine, away from the fuel tank, to discharge any static electricity before you open the fuel tank and fuel can.
  • When filling petrol containers at a service station, place the container on the ground. Do not leave it in the bed of a truck or in a vehicle. Hold the nozzle in constant contact with the container while filling.

How should I clean up a small mercury spill?

To clean up a small mercury spill you should:

  • Push small mercury beads together with a card, stiff paper, or squeegee to form larger droplets and then push them into a plastic dust pan or use an eye dropper to pick up the balls of mercury. Collect all mercury and ALL mercury-contaminated items into a leak-tight plastic bag or wide-mouthed sealable plastic container. Save the bag or container to take to a mercury recycling centre.
  • Work from the outside of the spill area toward the centre. Work over a tray or box that is lined or covered with plastic wrap when pouring mercury. Mercury's high density and smoothness cause it to roll fast.
  • Use a flashlight to look all around in the areas of the spill. The light will reflect off the shiny mercury beads and make it easier to see them.
  • Sprinkle sulphur powder on the spill area after cleaning up beads of mercury; a colour change from yellow to brown indicates that mercury is still present and more cleanup is needed.
  • Sprinkle zinc flakes or copper flakes (available at hardware stores) to amalgamate (clump together) any small amounts of mercury which remain.

Since typical construction and demolition jobs do not involve the risk of large mercury spills, you may not need to supply personal protective equipment other than rubber gloves for use when cleaning up small spills encountered in typical residential or commercial jobs.

For jobs that involve elevated risk of mercury exposure, personal protective equipment may be needed. Examples include commercial and industrial sites with mercury contamination or equipment that contains significant amounts of mercury. Under the Health and Safety in Employment Act, employers are responsible for evaluating the risks involved with each job on a case-by-case basis and providing the appropriate equipment.

After cleaning up a spill you should:

  • Wash your hands, shower or bathe if other parts of your body may have contacted mercury
  • Continue to air out the room with outside air for two days if weather permits
  • Consult your doctor or local health department regarding mercury testing for yourself and your workers if there was a potential for extended mercury exposure (for instance if the spill was not cleaned up right away)
  • Dispose properly of all elemental mercury, mercury devices and mercury-contaminated items
  • For information about options in your area, contact your local authority.
 

How do I manage LPG?

LPG is a flammable gas with a high hazard that is used extensively in both industrial and domestic situations.  It is available in compressed gas cylinders or it is stored in pressurised tanks. 

LPG is used:

  • as a fuel for vehicles, including forklift trucks;
  • for domestic heating, BBQs and patio heaters;
  • for industrial heating, furnaces and in workshops.

Whatever the circumstances of use, if have more than 100 kg of LPG at a location in a place that location is a hazardous substance location and will require:

Domestic installations are supplied typically by 2 x 45 kg cylinders (a twin pack) and do not need a location test certificate.  If you have more than one twin pack attached to a single domestic residence, i.e. 180 kg, you will need a location test certificate.

If you have more than 100 kg of LPG at your site, you must have it secured otherwise it must be under the control of an approved handler.  Secure means that the substance can not be accessed without the use of a tool, keys, or anything used for operating locks.  If the facility is fenced and securely locked or if the connection between the cylinder or storage tank and the appliance or end use requires the use of a spanner then the LPG is considered secured.

Do LPG cylinders need to be chained?

LPG cylinders need to be secured to prevent them toppling over.  How the cylinders are secured is not specified in the legislation.  

The industry standard is set out in the New Zealand LPG Association code of practice - Installation and maintenance of twin 45kg LPG cylinder systems. 

This says, “All cylinders larger than 25 L capacity shall be securely held in place by chains and brackets. The brackets shall be fastened to a wall or similar robust anchorage. The cylinder's fastenings must be capable of withstanding a steady applied load equal to four times the weight of the filled cylinder. 

Do I need to fence my LPG tank or hold cylinders in a cage?

A fence around a storage tank or a cage for cylinders are not specifically mentioned in the legislation, although there is an overriding requirement for the person in charge to avoid any adverse effects that are likely to be dangerous. 

Where there is more than 100 kg of LPG at a place it must be under the control of an approved handler, or be able to be secured so that a person cannot gain access without tools, keys or other devices used for operating locks. 

The prudent approach is to follow good engineering and industry practice.  AS/NZS 1596 - The storage and handling of LP Gas is the standard followed by the industry.  This standard says all facilities shall be appropriately secured against unauthorised access. 

If the installation is part of a larger site which is secure a locked cage may not be required.  If a motel, hotel, shopping precinct, residential property or similar, say, 4 x 45 kg cylinders connected to a manifold, a secure lockable enclosure should be considered depending on the level of risk and potential for tampering.  Any such enclosure shall be kept locked when not in use.

Non authorised people must be excluded from the controlled zone, although this does not apply to areas for retail sale provided there are warning signs.  Where a tank is accessible to the public provide a means to prevent tampering with any tank fitting that could lead to an escape of gas.  The provision may be one of the following:

  • A security fence surrounding the property;
  • A fence surrounding only those components requiring protection;
  • A lockable enclosure.

Where any tank or other part of the installation is located such that it is susceptible to impact from moving vehicles, it shall be protected from such impact.

AS/NZS 1596 provides more precise details of fence dimensions and impact protection. 

Do I need to be an approved filler for LPG?

If you fill any compressed gas containers such as LPG gas bottles or cylinders, you will need to be an approved filler.

Where cylinders are filled at, for example, a service station or LPG refilling facility the LPG Association appoints the test certifiers.   There is a formal training procedure to follow and the site manager will be able to advise you of the process. 

If you receive training in other ways that are not a part of the LPG Association scheme you will need to engage a test certifier approved by the EPA to issue approved filler test certificates.

The test certifier will evaluate your qualifications and skills and will need a written application from you that includes details of your training and practical skills. 

Once satisfied you have met the requirements, the test certifier will issue you with an approved filler test certificate.

When do I need a location test certificate for LPG?

You will need a location test certificate if you are using or storing more than 100 kg of LPG in one location.   However, you may have more than one location at your site and provided each is less than 100 kg a location test certificate may not be required. 

A location test certificate is issued by a test certifier.  You will need to arrange for the test certifier to visit your location.

If you hold less than 300 kg, the location test certificate for LPG may be issued for up to 36 months.  In some circumstances, the test certifier may limit the duration to less than this.  The test certifier must provide you with a reason for doing so.

If the quantity at the location exceeds 300 kg, the duration of the test certificate is 12 months.

The guide to a location test certificate sets out the items that the test certifier will examine.  

What is a controlled zone and separation distance for LPG?

For flammable gases like LPG, a controlled zones need to be identified and managed. A controlled zone is an area around a hazardous substance location that has to be managed so that:

  • within the zone, the adverse effects of a hazardous substance are reduced or prevented;
  • beyond the zone, members of the public are provided with reasonable protection from those adverse effects;
  • all non authorised personnel are excluded from the zone.

The controlled zone has to be separated from:

  • areas of high intensity land use (HILU) such as a places where people are frequently present, or a building or traffic route
  • areas of low intensity land use (LILU) such as a places where people are present only occasionally, or a public park or reserve.

The separation distance is the minimum distance that must be maintained from the LPG storage to other activities such as site boundaries, residential properties, commercial premises and traffic routes.

How close can the LPG be to my building?

If you hold less than 100 kg of LPG the storage may be located next to a building, however, there must be no openings in or near the building below the top of the cylinders and within 1 metre of the cylinders.  You do not require a location test certificate or an approved handler. 

If the quantity is more than 100 kg but less than 1,000 kg:

  • there must be no buildings within two metres of the LPG; or
  • if the quantity is less than 300 kg, then the wall of the building or any intervening wall must be constructed of a fire resisting material that extends for a distance of at least 2 metres either side of the cylinders; or
  • if the quantity is between 300 kg and 1,000 kg then the wall of the building or any intervening wall has to be vapour tight, constructed of a material with a 60/60/60 fire resistance rating (FRR), which must extend 2 metres either side of the cylinders; and
  • any building within 2 metres of the cylinders must not have an opening below the top of the cylinder or within 2 metres of the cylinder.

A location test certificate is required if the quantity of LPG is more than 100 kg.  An approved handler must be available if the quantity exceeds 100 kg and the LPG is not secure.

Installations in excess of 1,000 kg must be separated by a specified distance not only from buildings but also neighbouring properties.  The extent of the separation depends on the quantity of LPG and the way in which the building or property is being used.  If you are installing a system of more than 1,000 kg, involve a test certifier at an early stage in the planning.  Some local authorities may also require a resource consent.

How do I get my gas system certified?

A gas certificate is required by the Gas Act and is not a requirement of the hazardous substances legislation.  The certificate is issued by an approved gas fitter and it generally covers the supply of gas from the regulator to the gas appliance.

The controls on cylinder fittings, including valves and regulators are the responsibility of the EPA. We maintain a register of approved fittings.

I have brought a gas cylinder into the country, can I use it?

All cylinders imported into New Zealand that are to be filled with compressed gases must be approved. The three key steps for approval are:

  • design verification certification
  • pre-commissioning certification and
  • import clearance certification.

The certification is carried out by a test certifier approved for each type of certification.

The cylinders must be stamped with, among other things, a register or LAB number and the month and year of manufacture. These are normally stamped at the time of manufacture of the cylinder. The register number is in the form of LAB xxxx.

From time to time, individual cylinders are brought into New Zealand for use in New Zealand. These may come in as personal effects from people emigrating to New Zealand, or as diving gear on board visiting boats, or a paintball cylinder bought on the internet, etc. These cylinders may not be filled in New Zealand unless they are approved for this purpose, which means making an application for a special (SP) register number.  In the case of special cylinders, the register number is in the form LABSPxxxx

There are special arrangements for filling cylinders on ships that are simply passing through New Zealand.

Can I fill my own cylinder?

People filling compressed gas containers cylinders, must be trained and must hold an approved filler test certificate issued by a test certifier. 

Training to become an approved filler is normally provided by an industry training organisation or “On the Job” training provided by your employer. 

If you fill SCUBA cylinders with air at a dive shop or privately for your own use, you must be an approved filler. Seek advice from New Zealand Underwater.

In the case of LPG, training is provided by a site trainer under the LPG Association cylinder filling training scheme.

In all cases the approved filler test certificate must be issued by a test certifier.  

Do my Paintball Cylinders have to comply with HSNO?

Paintball cylinders that have a water capacity of 500 millilitres or more and where the gas in the cylinder is air or carbon dioxide (CO2) must have the appropriate test certificates. There are three test certificates involved and these must be obtained from a test certifier. Notably:

  • a design verification test certificate
  • a pre-conditioning test certificate
  • a test certificate for imported cylinders.

Paintball cylinders must also be filled by an approved filler and tested periodically.

To follow HSNO controls - where do I start?

There are some key steps to follow to make your place comply with the HSNO legislation.

First, find out what hazardous substances you have on your site, their classifications and quantities.  This information determines the controls that you must follow.  

A good place to begin is to use the guide Chemical Safety in the Workplace

This guide will assist you to list all of the substances on site and create a site plan that shows where they are stored.  

Do I need safety data sheets?

Your workplace must have a safety data sheets for all the hazardous substances that you have.  Your supplier is required to provide you with the safety data sheet.

The information on the safety data sheet must be available to a person handling the substance within 10 minutes of the information being required. 

Safety data sheets provide information about special training or equipment needed to handle the substance, the health effects from using the substance, first aid requirements, storage requirements, and incompatibilities with other substances, emergency requirements, and spill clean up procedures.

Suppliers must provide safety data sheets the first time they sell a hazardous substance to a person or a company and on request thereafter. The person in charge of the place of work must ensure that safety data sheets are present and available for people working with the substance.

What should I find on a substance label?

A label is often the first piece of information available to a person handling a hazardous substance.  It tells that person the hazards of the substance and the precautions that they must take to protect themselves as well as others and the environment.

The person in charge of the place where the hazardous substances are held must ensure that the information requirements continue to be met, i.e. that labels stay intact, are legible and if a substance is decanted into another container, that container is also labelled.

There must be on the label the general precautionary statements, “Read label before use” and “If medical advice needed: Have product container or label at hand”. 

Where the substance is available to the general public and the substance has a toxic or corrosive classification, the label must include “Keep out of the reach of children”.

The rest of the information depends on the classification of the substance, but generally the following information is needed:

  • an indication that it is explosive, flammable, an oxidiser, toxic, corrosive, or ecotoxic;
  • the name of the substance;
  • the identification of the supplier and their contact number;
  • a 24 hour emergency contact details.

This information must be easily found on the label (available within 10 seconds of looking for it).

Suppliers or sellers of hazardous substances must ensure that this information is provided with the substances and that it meets the minimum standards for comprehension, clarity and durability. 

What training do I need to handle hazardous substances?

If you handle hazardous substances you need to be trained.  Where the substance is particularly hazardous the legislation places specific responsibilities on the person in charge of the substance and on those using the substance. 

These responsibilities depend on the hazard classification and the quantity involved and may require the substance to be under the personal control of an approved handler.

An approved handler must be trained and:

  • know about the substance and its classification and be competent to handle it
  • know about the equipment that is used, including the protective clothing and safety equipment required
  • know about the legislation and any codes of practice that apply to the substances.

Training may be done in a number of ways, e.g.:

  • on the job training
  • formal training provided by an industry training provider.

If you use any other trainer, check with your test certifier beforehand that they will recognise the training and provide you with an approved handler test certificate.

Your supervisor or trainer must confirm that you are competent and describe the method used to assess your knowledge and practical skills and the results of their assessment.

An approved handler may be expected to provide guidance to other people handling the substances who are not approved handlers, and be available to assist them at all times if needed.  

What standards apply to spray equipment?

A person in charge of spraying a toxic, corrosive or ecotoxic substance must ensure that spray equipment retains the substance, without leakage, at all of the likely temperatures and pressures. 

The equipment must dispense or apply the substance, without leakage, at a rate and in a manner that the equipment is designed for.

The equipment must be accompanied by documentation containing information about the use and maintenance of the equipment to enable the equipment to be properly maintained.  

What protective clothing or safety equipment do I need?

The safety data sheet will tell you what protective clothing or safety equipment (PPE) is required when handling particular hazardous substances.

The protective clothing or equipment must be designed, constructed, and operated to ensure that the person does not come into contact with the substance and is not exposed to a concentration of the substance that is greater than the workplace exposure standard for the substance. 

The person in charge must ensure there is information available that specifies when and how the clothing or equipment is to be used, as well as the requirements for maintaining the clothing or equipment. 

Where must I have signs?

Signs are required when a hazardous substance is stored inside a building, in a particular room or compartment in a building, or in an outdoor area, in amounts greater that a specified quantity. 

When a hazardous substance is stored in a building, the sign must be at every vehicular and pedestrian access to the building and every vehicular and pedestrian access to the land where the building is located. 

If the substance is in a particular room or compartment within a building, the entrance to that room or compartment must also have a sign. 

Signs are to alert people and emergency responders that they are approaching an area where hazardous substances are present. This is important when positioning a sign.  Signs should not be so far away from the location of the substance that its significance is lost or so close that harm may result before the sign is read.

It must be obvious that a building contains hazardous substances that may affect people’s safety, and that certain precautions may be necessary.

If the hazardous substance is located in an outdoor area or in a stationary tank, the signage must be positioned immediately next to that area or tank.  In this instance, there is no reference to vehicular or pedestrian access. 

Signs must be easy to read and be understood from a distance of 10 metres.

What needs to be on a sign?

The need for signs is determined by the substance classification and the quantity stored.

If hazardous substances are located in a building, the sign must state:

  • that hazardous substances are present and
  • the general type of hazard of each of them, e.g. “dangerous when wet”, either words or image (pictogram). 

If hazardous substances are located in a particular room or compartment within a building, or if located in an outdoor area, the sign must state:

  • that hazardous substances are present
  • the hazardous property of each of them
  • the general type of hazard each of them
  • if the substances include flammable substances, the precautions necessary to prevent unintended ignition of a flammable substance and
  • if the substances include oxidising substances or organic peroxides, the precautions necessary to prevent unintended combustion, acceleration of a fire, or thermal decomposition of an oxidising substance or organic peroxide 
  • the actions to be taken in an emergency.

Signs must be easy to read and be understood from a distance of 10 metres.

Do I need an emergency response plan?

Your site must have an emergency response plan if it holds hazardous substances in excess of the threshold quantities set down in the Hazardous Substance (Emergency Management) Regulations. 

Many hazardous substances have multiple hazard classifications and each classification has to be considered.  The emergency response plan must

  • cover all reasonably likely emergencies involving each substance
  • be site specific
  • be available to your staff and emergency service providers. 

The plan should list all significant emergency equipment, its purpose and its location.

Staff need to be trained on what to do in an emergency and the emergency plans need to be tested at least once a year.

There is an EPA Quick Guide on emergency management.

How many fire extinguishers do I need?

If your site holds explosive, flammable or oxidising substances, it must have at least the number of fire extinguishers specified in the emergency management regulations.

Every fire extinguisher is to be within 30 metres of travel from the substance.  Where there are multiple hazardous substance locations at a place, more than the number of extinguishers specified in the schedule may be required in order to satisfy the distance of travel criteria.

A fire extinguisher with a minimum rating 30 and classification B should meet the performance standard.

If you have substances of two or more hazard classifications, the highest number of extinguishers specified for the relevant substances should be selected.  The number of fire extinguishers is not additive, you only need the highest number specified for any hazardous substance present.  For example, if you have more than 250 litres of ethanol (3.1B, 2 fire extinguishers) and more than 250 litres of mineral turpentine (3.1C, 2 fire extinguishers) you will only require 2 fire extinguishers, provided each is within 30 metres travel from the substance.

Are there any exceptions to the fire extinguisher rules?

Fire extinguishers are not required at an unattended dispensing station where petrol, aviation gasoline, racing gasoline, kerosene or diesel is stored for self-service refuelling.

At an LPG bulk storage facility, the fire extinguisher may be substituted by a fire hydrant system incorporating a 20 mm diameter hose, fitted with a spray nozzle and of sufficient length to enable water to be directed to all sides of the tank or tanks.

Do I have to track my hazardous substances?

Substances that are very hazardous have to be tracked.  Tracking is about maintaining a record of what happens to a substance throughout its lifecycle - from importation or manufacture in New Zealand, to the point of use and/or disposal. 

If the substance is made in New Zealand, tracking commences with the manufacturer. If it is imported, tracking commences at the port of entry.

Tracked substances are required to be under the personal control of an approved handler or secured under lock and key.

If you are selling a tracked substance or transferring one to another site you must first check that the recipient is or has an approved handler to receive the substance. If the tracked substance is a flammable or oxidising substance, the site must have a location test certificate.  This information should also be recorded.

There is an EPA Quick Guide on tracking.

 

What is a test certificate?

Test certificates are like a warrant of fitness for your car.  To get a test certificate you must have a test certifier to check various items and if these are found satisfactory they will issue you with a test certificate to confirm that you are compliant.

The legislation requires a number of test certificates and these relate to people, your site, and to your equipment.

People require test certificates to be:

  • approved handler
  • approved fillers.

A site requires:

  • a location test certificate where explosives or flammable or oxidising substances are present above certain quantities
  • a stationary container test certificate where a site has storage tanks and/or process containers above certain quantities, which require:
    • Tank design test certificates
    • Tank fabricator test certificates

Equipment, plant and items requiring test certificates include:

  • compressed gas cylinders, fittings and fire extinguishers, which require:
    • the design and in some cases the fittings to be test certified
    • the equipment is subject to a pre-commissioning check which is test certified
    • each import is subject to inspection and certification and
    • the cylinder or fire extinguished has to be periodically tested and certified.
  • fireworks
  • packaging
  • road tank wagons, which includes the design, pre-commissioning and periodic inspection. 

What is a location test certificate?

If you hold very flammable substances or oxidising substances at your facility and they exceed the quantities set down in the HSNO regulations, you will need a Location Test Certificate.

A location test certificate is issued by an approved Test Certifier. You will need to arrange for the test certifier to visit your facility.  You must renew the certificate every 12 months.  However, you may apply to the Authority for an extension to the duration for up to three years.

The Test Certifier does not undertake a complete compliance check but will look at your:

  • administrative controls and set up of the controlled zone
  • control of ignition sources in hazardous atmosphere zones
  • segregation and storage of hazardous substances
  • protective equipment and clothing
  • signs
  • emergency management.

See also the Quick Guide to location test certificates.

What is an approved handler test certificate?

Many hazardous substances are required to be under the control of an approved handler.  The approved handler is a person who is competent and certified to handle these hazardous substances.

To be an approved handler you will need to know about the hazards of the substances - how to prevent them harming people, damaging the environment, and what to do in an emergency.

You will need to have sufficient experience to be able to demonstrate to a test certifier that you are competent to handle the substance, the operating equipment, and know about the protective clothing and safety equipment.  You will also need to know the HSNO classifications and regulations and any codes of practice that apply to the substance.

An Approved Handler manages the hazardous substance when it is on site and can give guidance and advice to allow others to handle the substance.   See also the information sheet for approved handlers for pesticides.

What are approved fillers for compressed gases?

If you fill compressed gas containers or cylinders, you will need to be an approved filler.  This requirement applies even if you are filling cylinders for your own use.

You must engage a test certifier approved by the EPA to issue approved filler test certificates.

The test certifier will evaluate your qualifications and skills and will need a written application from you that includes:

  • a record of training that you have completed
  • a record of your practical skills
  • a description of the method used to assess your knowledge and skills; and the results of that assessment signed by your trainer or work supervisor.

Once satisfied you have met the requirements, the test certifier will issue you with an approved filler test certificate. The certificate will specify the forms and classes of gases and types of containers that you may fill. Approved filler test certificates are valid for a period of five years.

If you are filling LPG cylinders at, for example, a service station or LPG refilling facility the appointment of test certifiers has been delegated to the LPG Association.   In this case there is a training programme to be follow and the site manager should be able to advise you of the process. 

What is a stationary container system?

A stationary container system means a stationary tank or process container and its associated equipment, pipework, and fittings, up to and including all transfer points.  Stationary container systems are not confined to flammables and oxidisers they include substances with toxic, corrosive and ecotoxic classifications.

A stationary tank is one that is used for the storage or supply of hazardous substances; and is normally located at a specific place. It includes:

  • all parts and materials (for example, coatings) that contribute to maintaining the structural and integrity of the tank
  • any means of closing the tank (for example, a lid or fitted cover)
  • any component of the tank intended to protect the contents of the tank from harm (for example, lightning protection) and
  • any other component that is an integral part of the tank (for example, a liquid height indicator, heating coil, or internal valve).

A stationary tank does not include:

  • packaging 
  • intermediate bulk containers (IBC)
  • portable tanks and multiple-element gas containers (MEGCS)
  • compressed gas cylinders.

A process container is a stationary container that contains a hazardous substance in the course of manufacture or use, for example, a mixing container, reaction vessel, distillation column, drier, or dip tank. 

What is a stationary container test certificate?

A stationary container test certificate is quite different to a location test certificate and in some instances a site will be require both.  The location test certificate is for places where flammable or oxidising substances are stored.  The stationary container rules apply to all hazardous substances - flammables (including diesel), toxics, corrosives and ecotoxic substances.

There are specific situations where a stationary container test certificate is required. 

The certification of stationary container systems is done by a test certifier approved to issue test certificates for stationary container systems.

What is a periodic test certificate?

Compressed gas cylinders must be inspected and tested at regular intervals. The cylinder will receive a periodic test certificate if it passes the inspection. 

A periodic test certificate is issued by a periodic tester who is a test certifier. 

Details of the inspection requirements are found in Section 8 of the Guide to Gas Cylinders.

 

May I leave a disused below ground tank in the ground?

If you wish to leave a disused below ground tank in the ground you will have to make an application to the EPA.  Under certain circumstances the Authority may grant an approval for the tank to be left in place.

If your disused below ground tank is on a farm and has a capacity of no more than 3,000 litres you do not need to make an application.  However, you must follow and conform to the approved Code of Practice for Disused Below Ground Stationary Tanks on Farms. A farm is defined as an area of land not less than 4 hectares in size, and does not include a golf courses. The land must be used principally for the purposes of agriculture.

Where there is a clear intent to use the below ground stationary container at a later date, the person in charge of the stationary container must provide evidence that the tank will be re-commissioned at a predetermined time, even though it may remain empty for a period. The tank and the site must continue to comply with all relevant HSNO controls.

Otherwise a disused below ground tank must be removed.

Removal of the tank should follow accepted industry practice and take note of health and safety issues and environmental impacts.  Particular attention should be paid to ground and ground water contamination and the potential health issues if the tank has previously held leaded products.

Under what circumstances may I leave a disused below ground tank in the ground?

An application to the Authority will be considered if it is impractical to remove the tank for structural reasons, for example, it is adjacent to a building or its foundations, a statement is required from a qualified structural engineer or equivalent person engaged by the applicant to support the case that removal is impractical. 

If an approval is granted the Authority may require:

  • the tank is to be made product free and gas free
  • inlet piping, outlet piping, dip piping and any other piping must be removed and segregated from the tank 
  • the tank must be filled with a solid inert material such as cement slurry or sand
  • there must be no contamination of the area surrounding the tank to the satisfaction of the regional council or territorial authority
  • the location, date and method of abandonment must be recorded by the person in charge of the tank who must advise the site owner, such records must be retained by the site owner. 

If it is impractical to remove the inlet piping, outlet piping, dip piping or any other piping that has been attached to the tank, the piping is to be closed off in such a manner that no attempt can be made to use it.  If the pump cannot be removed the electricity supply to the pump is to be disconnected from the supply point and cable removed, terminating as close to the pump as practical.

Verification, from a test certifier or qualified engineer engaged by the applicant, that the requirements have been met will be required by the Authority within six months of approval being granted. 

It is important that applicants contact the regional and territorial authorities in the area where the tank is located and take into account any requirement imposed by them in relation to their obligations under other legislation, notably, the Resource Management Act.  Local authority requirements may include an assessment of the site and a report of the results of the assessment. 

Some local authorities will maintain a register of contaminated sites and may require an environmental assessment during the decommissioned to ensure the guidelines issued by the Ministry for the Environment on ground contamination are followed.

What is a reassessment?

A reassessment is where the risks, costs and benefits of an approved hazardous substance are reconsidered. Anyone can apply to have a substance reassessed.  The EPA also undertakes reassessments on substances for which new information suggests there may be a need to review them. This list is compiled by the Chief Executive. For more information about reassessments, see:

What is waste?

For the purposes of exporting or importing, waste is any substance or object that is either intended to be disposed of; or required, by any New Zealand law, to be disposed of, by any of the methods specified in the following legislation:
Imports and Exports (Restrictions) Prohibition Order (No 2) 2004

What is household waste?

For the purposes of exporting or importing, household waste is any waste collected from households; and includes any residue from the incineration of that waste.

Imports and Exports (Restrictions) Prohibition Order (No 2) 2004

What is hazardous waste?

Hazardous waste is waste that poses substantial or potential threats to public health or the environment, for example, oil, computers, electrical equipment, chemicals, contaminated packaging.

Importing or exporting hazardous waste in New Zealand

When can hazardous or household waste be imported to NZ?

A hazardous or household waste may be imported if you have been issued with a permit by us to import the waste to NZ. You will also require consent from the country that the waste will be exported from, and any countries the waste will transit through.

Importing hazardous waste

Why do I need a permit for hazardous waste?

New Zealand is signatory to a number of international protocols and conventions aimed at protecting the environment. Under New Zealand regulations, permits are required for the import and export of hazardous wastes covered by the Basel Convention, for example, used automotive batteries, waste oil and e-waste (including old electrical equipment such as computers, printers and TVs). Importing or exporting a hazardous waste without a permit will result in the shipment being stopped by New Zealand Customs.

New rules effective from 1 July 2011

How long is the hazardous waste application process?

The application process will take some time. Allow 30 – 80 working days or more, depending on the number of countries that are involved. A complete application that satisfies us will be sent to all the other countries (transit and importing) for their consideration. These countries must agree to receiving your shipments, before we can give issue you with a permit.

What do I need to do after I get a permit for hazardous waste?

You must send us a completed movement form before each shipment is sent out. This form will list the carriers and the weight of the particular shipment of waste on it.

You also need to provide confirmation about the final treatment at the disposal/recovery facility to show that the disposal/recovery process of the waste (and wastes arising from those processes) has been carried out in accordance with your permit.

Notification and movement form (pdf)

What are the penalties for not having a hazardous waste permit?

If you commit an offence against the Import and Exports (Restrictions) Amendment Act 2011, you may incur penalties which may include having your permit revoked and receiving a fine.

New rules effective from 1 July

What do I do if I have evidence someone is not complying with the hazardous waste requirements?

Contact the hazardous substances group to report any concerns you may have about someone you believe is committing an offence against the Import and Exports (Restrictions) Act 1988.

Contact us

What countries have ratified the Basel Convention?

The list of countries that have ratified the Basel Convention is found on the website:

Parties to the Basel Convention

What is the ozone layer?

The ozone layer is a large amount of ozone gas molecules present in the stratosphere (16-48 km from the Earth’s surface). This stratospheric ozone absorbs some of the sun’s biologically harmful ultraviolet radiation. The absorption helps to prevent some harmful human health and environmental effects such as eye damage, skin cancer, reduced biomass and decreasing the integrity of building materials. 

What are ozone-depleting substances?

Some industrial processes and consumer products release gases that bring chlorine and bromine atoms to the stratosphere. When these combine with oxygen, the gases have catalytic reactions that efficiently destroy ozone, which cause depletion of the ozone layer. A single chlorine or bromine atom can destroy many hundreds of ozone molecules before it reacts with another gas and breaks the cycle.

What is the Antarctic ozone hole?

Because of the special weather conditions that exist over the Antarctic and nowhere else on the globe, the ozone layer becomes depleted in late winter and early spring. Sometimes ozone is completely destroyed over a range of altitudes, reducing overhead total ozone by as much as two-thirds at some locations. In most years the maximum area of the ozone hole far exceeds the size of the Antarctic continent and comes close enough to New Zealand to give us very high ultraviolet levels over summer.

What is being done internationally about ozone depleting substances?

Ozone-depleting substances are regulated under a 1987 international agreement (and its subsequent amendments and adjustments) known as the Montreal Protocol on Substances that Deplete the Ozone Layer. The Protocol has been ratified by over 190 countries, including New Zealand. It has legally binding controls on the national production and consumption of ozone-depleting substances.

What are HCFCs?

Hydrochlorofluorocarbons (HCFCs) are ozone-depleting substances that contain chlorine. They are refrigerants in appliances such as air conditioners, heat pumps and all types of different refrigeration systems (domestic fridges, commercial and industrial chillers, cool stores, refrigerated containers, etc). 
The most common HCFC in refrigeration is R22, which needs to be replaced when it has leaked out of appliances and products. HCFCs are also used to manufacture insulation foams for products like water heaters, cool stores and water pipes.

When is the next phase out of HCFCs?

HCFCs will not be allowed to be imported into New Zealand from 1 January 2015.

What do I do if I have an entitlement to import HCFCs?

Your entitlement to import HCFCs will end on 31 December 2014. HCFCs will not be allowed to be imported into New Zealand from 1 January 2015.

When will HCFCs be phased out?

HCFCs will not be allowed to be imported into New Zealand from 1 January 2015.
Read more about phasing out HCFCs

What are alternatives to HCFCs?

Alternative refrigerants for appliances include ammonia, carbon dioxide, hydrocarbons, liquid carbon dioxide, liquid nitrogen, ice slurries, absorption systems, secondary loop systems using synthetic gases and natural primary refrigerants, distributed systems and desiccant systems.
The alternatives that are most readily available for refrigeration and air-conditioning use are the hydrofluorocarbons (HFCs). 

Read more about alternative refrigerants

Can I still get HCFCs?

HCFCs will still be imported through to 1 January 2015, but in smaller amounts. Because the supply is limited you might find it more difficult to get all the HCFC you want. It will also be more expensive. You will need to talk to your supplier.
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