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HSNO codes of practice (HSNOCOPs) set out how to comply with the Hazardous Substances and New Organisms (HSNO) Act and the HSNO regulations, or provide an alternative way of complying with the HSNO regulations.

They are not mandatory and you can meet the requirements in other ways instead.

The new Health and Safety at Work (Hazardous Substances) Regulations 2017 and EPA Notices replace the HSNO regulations, which means that some HSNOCOPs are no longer valid

HSNOCOP 3 Management of Agrichemicals code of practice NZS 8409:2004

Approved: September 2004. This code supercedes NZS 8409:1999 Code of Practice for the Management of Agrichemicals.

This code provides guidance to ensure that agrichemicals are used in a safe, responsive and effective manner, whilst minimising any adverse effects on the environment or human and animal health.  It includes guidance on plant protection products (herbicides, insecticides, fungicides), veterinary medicines, fumigants used in rural situations and agricultural use of detergents and sanitisers.

Most agrichemicals covered by this code are classified as hazardous substances and will have a range of controls placed upon them.

The code can be purchased from Standards New Zealand, in hard copy or electronic format. Contact:

Standards New Zealand https://www.standards.govt.nz/

You can also view a hard copy of the Code at our office.

Who is the code for?

This code is for all agrichemical users. It specifies the requirements for the commercial use of agrichemicals for:

  • applicators (farmers and growers)
  • contractors (aerial and ground application, and veterinarians) and
  • distributors (manufacturers, wholesalers and retailers).
What is in the code?
  • The code is divided into seven sections:
  • Introduction
  • Management of agrichemicals
  • Land transport of agrichemicals
  • Storage and supply of agrichemicals
  • Use of agrichemicals
  • Disposal of agrichemicals and containers
  • Emergency preparedness and management.

A series of appendices, divided into those considered compulsory to meet requirements and those providing general advice and supporting information to assist with compliance. All of the appendices are considered to be part of the approved code.

The standard uses a risk management approach for transport, storage, use and disposal as well as planning for, and dealing with, emergencies relating to agrichemicals.

  • Section 2 – Management of Agrichemicals – covers risk management, responsibility, information, product information sources, documentation and certification, tracking and competency of personnel.
  • Section 3 – Land Transport of Agrichemicals – covers responsibility, general requirements for agrichemical transport, transport of dangerous goods for agricultural use within quantity limits, transport for hire or reward or for agricultural use in large quantities, transport emergencies, and competency. This section specifically addresses compliance with the Land Transport Rule: Dangerous Goods 1999. However, compliance with this Rule in general means compliance with HSNO in transport circumstances.
  • Section 4 – Storage and Supply of Agrichemicals – sets out the requirements and recommendations for the safe storage, handling and supply by suppliers and users of packaged agrichemicals that are hazardous substances and/or dangerous goods. Agrichemicals classified as hazardous substances under the Hazardous Substances (Classification) Regulations will be subject to the controls applied under several of the Hazardous Substances controls regulations, according to the hazards associated with the substance. It covers risk management, responsibility, information needs and requirements, documentation, and competency of persons.
  • Section 5 – Use of Agrichemicals – covers the responsibilities for safe use of agricultural compounds and plant protection products, safe use of veterinary medicines and animal health products, safe use of compounds for agricultural produce, soil or greenhouse fumigation, and safe agricultural use of detergents and other cleaning and sanitizing compounds.
  • Section 6 – Disposal of Agrichemicals and Containers – deals with the safe disposal of concentrate agrichemical, surplus agrichemical spray mixture, empty agrichemicals containers and contaminated Personal Protective Equipment (PPE).
  • Section 7 – Emergency Preparedness and Management – deals with the need to anticipate incidents or adverse events with agrichemicals, and to have a plan ready to action when such events occur. The Hazardous Substances (Emergency Management) Regulations prescribe the requirements to manage any emergency involving a hazardous substance. This section addresses how to prepare for agrichemical emergencies and the quantities of agrichemicals that trigger the need to have an emergency response plan. An outline of the information needed and actions to take in an emergency is given.

The contents of some of the Appendices are summarised below.

  • Appendix E – Agrichemical Poisoning and First Aid – addresses first aid provisions where agrichemical poisoning is implicated.
  • Appendix G – Spray Drift Hazard and Weather Conditions – addresses provisions to restrict and control off target movement and spray drift hazard associated with the use of pesticides.
  • Appendix K – Emergency Management – deals with emergency preparedness in relation to the hazards from spillage or fire where agrichemicals are involved. Both these events can occur at any time but the most hazardous situation is either in storage areas where large amounts of different agrichemicals may be held, or in transport accidents.
  • Appendix L – General Storage Requirements – covers emergency management, as well as quantities of hazardous substances that activate hazardous substance location requirements under HSNO (table L1), and responsibility and competency requirements under the Hazardous Substances (Classes 1-5 Control) Regulations and the Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations.
  • Appendix M – Notification and Signage for Application of Agrichemicals – covers both ground and aerial application. It specifies that, along with compliance with the appendix, users shall check with the appropriate local authority for any specific notification requirements for agrichemical use.
  • Appendix P – Personal Protective Equipment – addresses a specific regulatory requirement in Regulation 8 of the Hazard Substances (Classes 6, 8 and 9 Controls) Regulations. It covers minimum PPE requirements for agrichemicals and respiratory protection and filter replacement.
  • Appendix Q – Application Equipment – addresses a specific regulatory requirement in Regulation 7 of the Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations. It covers application equipment for plant protection products, calibration of application equipment for registered agrichemicals, application equipment for registered veterinary medicines (animal remedies), and application equipment for fumigants.
  • Appendix S – Disposal of Agrichemicals and Containers – covers the disposal of unwanted agrichemicals, disposal of surplus spray mix, post-harvest treatment and stock dip effluent disposal methods, and disposal of agrichemical containers.
Approval

This code of practice has also been approved, under section 28 of the Agricultural Compounds and Veterinary Medicines (ACVM) Act 1997, as a means of complying with the following HSNO requirements relating to relating to use and handling, storage, disposal, first aid information, emergency management information and planning, and secondary containment.

Approval of the code is limited to the products and substances it covers:  These include:

  • Agricultural compounds
  • Veterinary medicines
  • Agrichemicals for home and garden, nursery, turf and amenity use
  • Fumigants used in agriculture
  • Detergents and sanitisers used in agriculture (except those specifically excluded (see below).

These are not included in the code:

  • Fertilisers (a code of practice for fertilisers available from FertResearch)
  • Vertebrate pest control products
  • Oral nutritional compounds
  • Dairy detergents and sanitisers approved under the Dairy Industry Regulations (1990 or subsequent Animal Products legislation) when used on farms.
HSNOCOP 16 Hazardous Substances Storage and HSNOCOP 28 Hazardous Substances Storage Code – incompatible separation

Approved: July 2008 (HSNOCOP 16) and February 2007 (HSNOCOP 28).

This code establishes which hazardous substances are not compatible and addresses the segregation requirements of them.

Where can I get a copy of this Code?

The Code can be purchased from Responsible Care New Zealand (RCNZ) in hard copy: https://www.responsiblecarenz.com/

You can also view a hard copy of the Code at our office.

Who is the Code for?

The Code was developed to assist persons in charge, and people who store hazardous substances.

What is included in this code?

Some hazardous substances are incompatible with other hazardous substances and must be stored separately to avoid unintended consequences. This may include a fire rated wall or a specified separation distance.

For instance, flammable liquids (class 3.1) must be kept away from all class 2 (flammable gases), class 4 (flammable solids) and class 5 (oxidising substances or organic peroxides).

This Code outlines the compatibility of different classes of hazardous substances with each other and some other substances of interest.  Where different classes of hazardous substances are not compatible, the Code addresses the HSNO segregation requirements for these hazardous substances.

The Code is presented in the form of a chart and a wheel with an explanatory key and notes. It presents the requirements in pictorial form.

Approval

It has been approved under the HSNO Act, only in respect of the requirements of regulations 21, 76, 95 and 117 of the Hazardous Substances (Class 1 to 5 Controls) Regulations 2001 and only in respect those matters in the document that relate to the HSNO Act and the controls and regulations made under that Act.

HSNOCOP 38 In-situ filling of LPG cylinders

Approved: December 2011

The purpose of this Code is to provide a means by which filling of cylinders by volume can be undertaken in situ from a road tank wagon utilising an ullage or contents gauge. This Code also provides a means for dissipating static electricity during in-situ fill operations under regulation 61(4)(a) of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001. Information on regulation 58 for establishing and managing the hazardous atmosphere zones for in-situ filling is also included. Compliance with this Code does not obviate the requirement to comply with other sections of the HSNO.

This code of practice can be read in full here: HSNOCOP 38 In-situ filling of LPG cylinders

HSNOCOP 42 Storage of Class 3.1 substances in retail stores conforming to AS/NZS 3833

Approved: May 2010

The purpose of the code is to overcome the restriction of 2350 litres of flammable liquids that can be kept in a retail store without the need to comply with specified separation distances.  Retailers have found it impossible to keep stocks below this figure in the new large format retail stores and typical stock levels can be up to about 10,000 litres.

This code can be purchased from New Zealand Retailers Association Incorporated: www.retail.org.nz

You can also view a hard copy of the Code at our office in Wellington.

Who is the Code for?

This code is for people responsible for retail stores containing flammable liquids. These include paints, thinners and solvents. These requirements include, amongst other items, separation distances from the building to boundaries and other buildings.  These separation distances are dependent upon the quantities of hazardous substances and the type of building construction.

What is included in this Code?

The code allows stock levels of up to 10,000 litres providing the requirements of the code are met.  These requirements are based on AS/NZS 3833:2007 “The storage and handling of mixed classes of dangerous goods, in packages and intermediate bulk containers”.  The code also clarifies the quantities of various types of flammable liquids permitted, and the types of stores to which it applies.

Approval

This code or practice is approved under clause 33(1)(b) of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (as amended).  It has been approved only in respect those matters in the document that relate to the Hazardous Substances and New Organisms (HSNO) Act and the controls and regulations made under that Act.

HSNOCOP 50 LPG Compliance 100kg to 300kg

Approved: June 2011

This code of practice provides compliance checking and validation of LPG facilities where cylinders with a total quantity between 100kg and 300kg of LPG are present at a hazardous substance location either in storage or connected for use. This code applies:

  • in respect of Regulation 81 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 [as varied by HRE09001 Decision for LPG, propane, butane and isobutane]; and
  • subsequent to the hazardous substance location having a valid location test certificate1 issued by a test certifier; and
  • where LPG cylinders are supplied or filled in-situ by a trained LPG Delivery Operator.

This is approved by ERMA New Zealand under the Hazardous Substances and New Organisms (HSNO) Act 1996 as a means of compliance with the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001, as varied for LPG, propane, butane and isobutane in accordance with the Environmental Risk Management Authority Decision HRE090012. It provides a practical means to manage regulatory compliance with the aim of protecting the environment and the health and safety of people and communities by preventing or managing the adverse effects of LPG.

This code of practice can be read in full here: HSNOCOP50 LPG Compliance 100kg to 300kg.

HSNOCOP 63 Management and Handling of Used Oil

Approved: November 2013

This code of practice is approved as a means of compliance for used oil with the Group Standards: Lubricants (Toxic) Group Standard 2006 – HSNO approval number HSR002607, and Lubricants (Combustible, Toxic) Group Standard 2006 – HSNO approval number HSR002608. It provides guidance to used oil generators, collectors, transporters, processors and end users and regulatory authorities on compliance with regulatory and statutory controls on used oil.

This code of practice can be read in full here: HSNOCOP 63 Management and Handling of Used Oil

HSNOCOP 67 Portable containers for petrol complying with ASTM F852-08

Approved April 2015

The purpose of this approved code of practice is to provide a standard for the design and construction of re-usable portable containers for petrol, aviation gasoline and racing gasoline.

This code of practice can be read in full here: HSNOCOP 67 Portable containers for petrol complying with ASTM F852-08
Your Practical Guide to working safely with hazardous substances provides you with the supporting reference material for working through the 5 Steps to Safety. It provides you with information about using and storing your hazardous substances safely.

The full guide can be downloaded here

Introduction

About 150,000 workplaces throughout New Zealand use hazardous substances. The risks they pose are often underestimated. For example, common hazardous substances like commercial cleaning products, paints, adhesives, acids, bases and solvents can cause serious harm if not used safely.

SECTION CONTENTS
  • About Your Practical Guide
  • What are hazardous substances?
  • How hazardous substances are classified
  • Controls for managing hazardous substances
  • Managing risk
  • ‘So far as is reasonably practicable’
  • Health and safety duties in the workplace
  • More about the PCBU

Download This Section

Approvals, Hazard Classifications and Controls

Every hazardous substance imported into New Zealand or manufactured in New Zealand must be approved and have its classifications determined under the Hazardous Substances and New Organisms Act (HSNO). Depending on its classification, rules are placed on a substance to manage the risks posed by that substance. These rules are known as controls.


SECTION CONTENTS
  • Approvals
  • Hazard classifications
  • Controls for managing hazardous substances

Download This Section

Manage Hazardous Substance Risks

Not understanding the harm that can occur when working with hazardous substances is a serious problem with serious consequences. Between 600 and 900 New Zealanders are estimated to die from work-related illness every year, many from exposure to hazardous substances. Exposure to different hazardous substances affects people in different ways. Health effects can include personality changes, sleep disorders, memory loss, cancer, fertility problems and even death. These serious health risks are why it’s so important to safely manage the hazardous substances at your workplace and protect your health and the health of your workers and others.


SECTION CONTENTS
  • Hazardous substances can damage your health
  • Applying substance controls
  • Prepare an inventory of your hazardous substances
  • Find and implement the key controls
  • Manage remaining hazardous substances risks
  • Review control measures
  • Health and exposure monitoring
  • Information, instruction and training
  • Young people

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Hazardous Substance Information

Labels, safety data sheets and signs are all sources of information to warn people about the risks of the hazardous substances at your workplace.


SECTION CONTENTS
  • Label all hazardous substances
  • Symbols on labels and signs
  • Safety data sheets
  • Signage

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Store Hazardous Substances Safely

Storing hazardous substances safely is an important part of protecting yourself, your workers, other people at the workplace, neighbouring properties and the environment.


SECTION CONTENTS
  • Decanting or transferring hazardous substances
  • Incompatibles
  • Store only what you need, store it safely
  • Gas cylinders
  • Oxy-acetylene welding
  • Flammable substances
  • Other substances

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Emergency Preparation

Even the most safety conscious organisation can have an emergency. So you, your workers, and emergency service workers need to know what to do, and who is responsible for what in an emergency.


SECTION CONTENTS
  • Prepare for an emergency
  • Spill kits
  • Fire extinguishers
  • Signage
  • Secondary containment
  • Emergency response plans

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Compliance Certificates

Compliance certificates are issued by compliance certifiers to show that users of hazardous substances have appropriate controls in place or have the appropriate knowledge and training. You might need a compliance certificate for people, locations or equipment.

A compliance certifier is an independent service provider approved by WorkSafe New Zealand to issue compliance certificates.

SECTION CONTENTS
  • What are compliance certificates?
  • Certified handler compliance certificates
  • Approved filler certificates
  • Location compliance certificates
  • Stationary container system compliance certificates

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Tracking Very Hazardous Substances

Some very hazardous substances must be tracked, recording what happens to them from when they were imported into New Zealand or manufactured, through their distribution and transport, to their final use or disposal.


SECTION CONTENTS
  • Where does tracking start?
  • The competent person’s responsibilities
  • Keeping tracking records
  • Information needed in tracking records

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All sites are required to maintain a full inventory of Hazardous Substances

The inventory must include:-
     1. the substance’s name and UN number (if available)
     2. the maximum amount likely to be at the workplace
     3. its location
     4. any specific storage and segregation requirements
     5. a current safety data sheet or a condensed version of the key information from the safety data sheet
     6. any hazardous waste.

Refer to Worksafe’s page here for more details:
You may require a location compliance certificate if you have explosive, flammable, oxidising, toxic or corrosive substances and the quantity exceeds the thresholds specified in the Health and Safety at Work (Hazardous Substances) Regulations 2017.

You should use Worksafe’s online calculator(external link) to check whether you need a location compliance certificate for your hazardous substances.

Check also Worksafe’s policy clarification for when a hazardous substance location exists for toxic and corrosive substances.

Should you require a Location Compliance Certificate, Compliance certifiers now need to ask and verify your site has:-

         Training Record of workers trained (list of names)
         Training Checklists for each worker (induction / orientation / emergency response and supervision)
         Evidence of training in hazardous substances (certificates, SOP., workbooks etc.)
         PPE / Equipment training record, if required.

For each line above, these are the questions Compliance Certifiers will ask
•         Training Record of workers trained (list of names)
                           1. Is there a record of training for each worker that can be readily inspected for the use
                                and handling of the hazardous substances as per regulation 4.5(5)?
•         Training Checklist for each worker (induction/orientation/emergency response and supervision)
•         Evidence of training in hazardous substances (certificates, SOP., workbooks etc.)
•         PPE / Equipment training record, if required.
                           2. Does this protocol of staff training cover the location and use of SDS as per regulation 4.5(1/2)?
                                There should be one for each worker who handles hazardous substances.
                           3. Does this training cover the use and handling of hazardous substances as per 4.5(3)a i – iv?
                                What type of training was provided? (classroom / job – retain copy) and has confirmation
                                of training been issued to the worker? (e.g. a certificate).
                                                           (i)            the physico-chemical and health hazards associated with the
                                                                           hazardous substances the worker uses at work:
                                                           (ii)           the procedures (if applicable) for the safe use, handling, manufacture,
                                                                            storage, and disposal of the hazardous substances:
                                                           (iii)          practice in the safe use of plant (including personal protective equipment)
                                                                           necessary to manage the hazardous substances:
                                                           (iiia)        the worker’s obligations under these regulations:
                                                           (iv)          the actions that the worker should take in an emergency involving
                                                                            the hazardous substances
                           4. If there is no current training as per regulation 4.5(3)a, is there a record of relevant
                                previous training or experience as per regulation 4.5(6)?
                           5. Is there a supervision record showing that the worker has had an appropriate period
                                of practical experience that includes the task, duration, and nature of supervision?

All sites are required to hold a CURRENT safety data sheet for the substances they hold.
You can source these directly from the supplier of your substance in either electronic or paper form
Regulation 2.11 lays out the requirements and is shown below.
 
2.11 Duty of PCBU to obtain and provide access to safety data sheets

(1) A PCBU with management or control of a workplace must obtain the current safety data sheet for
      a hazardous substance from the manufacturer, importer, or supplier of the hazardous substance in
     the following circumstances:
             (a) when the hazardous substance is first supplied for use at the workplace:
             (b) when the hazardous substance is first supplied to the workplace after the safety data sheet
                    is amended.
(2) The hazardous substance must be treated as first supplied to a workplace if the supply is the first supply
       of the substance to the workplace for a period of 5 years.
(3) The PCBU must ensure that the current safety data sheet for the hazardous substance or a condensed
        version of the key information from the safety data sheet (for example, a product safety card) is readily
        accessible–
             (a) to a worker who is in his or her work areas at the workplace; and
             (b) to any emergency service worker, or anyone else, who is likely to be exposed to the hazardous
                   substance at the workplace.
(4) In the case of workers who travel between workplaces because their work is carried out in more than
        1 geographical location, the safety data sheet may be kept at the PCBU’s principal place of business if
        those workers (wherever they are) can immediately obtain the key information from the safety data sheet
        (or a condensed version) in an emergency.
(5) Subclauses (1) to (4) do not apply to a hazardous substance that–
             (a) is in transit; or
             (b) in the case of a substance in a workplace of a retailer,–
                          (i) is a consumer product; and
                          (ii) is in that workplace only for the purpose of supply to other premises; and
                          (iii) is not intended to be opened on the retailer’s premises; or
             (c) is a consumer product in a workplace and is used at the workplace only in quantities, and in a way,
                  that is consistent with household use; or
             (d) is anhydrous ammonia that is contained in plant in which anhydrous ammonia is used as a refrigerant,
                    except in the case of quantities of anhydrous ammonia in excess of 100 kg.
(6) In the circumstances referred to in subclause (5), the PCBU must ensure that sufficient information about
        the safe use, handling, and storage of the hazardous substance is readily accessible to a worker who is
         in his or her work area at the workplace.
(7) A PCBU who contravenes this regulation commits an offence and is liable on conviction,–
             (a) for an individual, to a fine not exceeding $6,000:
             (b) for any other person, to a fine not exceeding $30,000.
Summary
2.5(2)(c)(iv) specifies that the signage MUST BE VISIBLE FROM 10 METRES in varying weather conditions
(note reg 2.5(2A)(4) for service station for class 3.1A and 3.1D- if signage is at refuelling point)
2.6(5) specifies and details what the SIGNAGE MUST CONTAIN and DESCRIBE
2.10 specifies and details the requirement of the PCBU to maintain signage

The trigger volumes for signage are found in Schedule 3 – Quantities of Hazardous Substances that Require Signage

2.5 Duty of PCBU to display signage: general duty
(1) This regulation applies to a workplace where–
            (a) quantities of a hazardous substance with a hazard classification specified in the first column of the
                   table in Schedule 3 and in a form specified in the second column of that table, that exceed the quantity
                   specified for that classification in the third column of that table are present; or
            (b) more than 50 kg of LPG, propane, butane, or isobutane is present within a building; or
            (c) any quantity of LPG, propane, butane, isobutane, or other flammable gas refrigerant is present in an
                  integral part of a refrigeration system that is contained in a machinery room as defined in
                 AS/NZS 5149.1: 2016, AS/NZS 5149.2: 2016, AS/NZS 5149.3: 2016, and AS/NZS 5149.4:2016—                  Refrigerating systems and heat pumps—Safety and environmental requirements; or
            (d) more than 250 kg of LPG, propane, butane, or isobutane is present in a place other than a building.
(2) The PCBU with management or control of the workplace must ensure that–
            (a) the signage required by regulation 2.6 is displayed; and
            (b) the content, presentation, and positioning of the signage comply with that regulation; and
            (c) the signage meets the following requirements for comprehensibility, clarity, and durability:
                        (i) the signage is in English:
                        (ii) the signage is readily understandable:
                        (iii) abbreviations and acronyms are not used unless they are in common English usage and the
                                term described by the abbreviation or acronym is used at least once on the signage:
                        (iv) all required information is clearly visible and legible at a distance of not less than 10 m
                                under varying conditions (for example, rain or poor light):

                        (v) the signage is made of
                               materials that are durable, are resistant to sunlight, and require minimal maintenance.
(2A) This regulation applies to a hazardous substance referred to in–
            (a) regulation 2.7 (transit depots) only to the extent set out in regulation 2.7(1)(b):
            (b) regulation 2.9 (milking animals) only to the extent set out in regulation 2.9(1)(b).
(3) Subclause (1)(a) does not apply to anhydrous ammonia that is contained in plant in which anhydrous ammonia is used as a refrigerant.
(4) Subclause (2)(c)(iv) does not apply to signage at a service station where E10, E85, petrol, or diesel is stored for the refuelling of vehicles of the general public if the signs are clearly visible and legible at the point of refuelling.
(5) A person who contravenes this regulation commits an offence and is liable on conviction,–
            (a) for an individual, to a fine not exceeding $6,000:
            (b) for any other person, to a fine not exceeding $30,000.
 
2.6 Signage requirements for general duty
(1) For the purposes of regulation 2.5, if a hazardous substance is located in a building at a workplace, but is not confined to a particular room or compartment within the building, the PCBU with management or control of the workplace must ensure that there is positioned at every vehicular and pedestrian entrance to the building and the land on which the building is located signage–
            (a) stating that hazardous substances are present; and
            (b) stating the general type of hazard of each of them; and
            (c) describing the immediate response action to be taken in an emergency.
(2) Despite subclause (1), if the hazardous substance is a class 1 substance, the PCBU must ensure that signage that complies with paragraphs (a) to (c) of that subclause is positioned–
            (a) at every vehicular and pedestrian entrance to the building; and
            (b) at every approach to the building that is within the boundary of the land where the building is located
                   and that emergency services organisations may use.
(3) If hazardous substances are located in a particular room or compartment within the building, the PCBU with management or control of the workplace must ensure that signage that complies with subclause (5) is positioned at each entrance to the room or compartment.
(4) If hazardous substances are located in an outdoor area, the PCBU with management or control of the workplace must ensure that signage that complies with subclause (5) is positioned immediately next to that area.
(5) The signage required by subclauses (3) and (4) must–
            (a) contain–
                        (i) the word EXPLOSIVES in relation to class 1 substances; or
                        (ii) the word HAZCHEM in relation to class 2, 3, 4, 5, 6, or 8 substances; and
            (b) state the hazardous properties and describe the general type of hazard relating to each
                  category of hazardous substance present through the use of–
                        (i) hazard pictograms consistent with the correct classification of the hazardous substances
                             present; or
                        (ii) hazard statements consistent with the correct classification of the hazardous substances
                               present; and
            (c) describe,–
                        (i) if the substances include explosive substances, the precautions necessary to prevent
                              unintended explosion of an explosive substance; and
                        (ii) if the substances include flammable substances, the precautions necessary to prevent
                              unintended ignition of a substance; and
                        (iii) if the substances include oxidising substances or organic peroxides, the precautions
                             necessary to prevent unintended combustion of, acceleration of a fire from, or thermal
                             decomposition of, an oxidising substance or organic peroxide; and
            (d) describe the immediate response action to be taken in an emergency.
(6) Subclause (4) does not apply if the hazardous substance is class 6.1A, 6.1B, 6.1C, or 6.1D vertebrate toxic agents or agrichemicals at a temporary storage site.


Example
The following are examples of temporary storage sites:
            (a) a temporary field bait handling site:
            (b) an aircraft loading site.
 
2.7 Signage requirements for transit depots
(1) A PCBU with management or control of a transit depot to which regulation 2.5 applies and at which containers that contain hazardous substances are located must ensure that–
            (a) there is positioned at the primary points of vehicular and pedestrian entry to the land on which the
                   transit depot is located signage that–
                        (i) contains the word HAZCHEM; and
                        (ii) identifies the site as a transit depot; and
                        (iii) warns people that hazardous substances may be present on the site; and
            (b) that signage complies with regulation 2.5(2)(c).
(2) A PCBU who contravenes this regulation commits an offence and is liable on conviction,–
            (a) for an individual, to a fine not exceeding $6,000:
            (b) for any other person, to a fine not exceeding $30,000.
 
2.8 Additional signage requirements for fireworks and safety ammunition
(1) This regulation applies in relation to fireworks or safety ammunition that is located in a building at a workplace, but is not confined to a particular room or compartment within the building.
(2) A PCBU with management or control of the workplace or building must, in addition to complying with regulation 2.5, ensure that there is positioned at the primary points of vehicular and pedestrian entry to the building, and at the primary points of vehicular and pedestrian entry to the land on which the building is located, signage–
            (a) stating that fireworks or safety ammunition (as the case may be) is present; and
            (b) stating its general type of hazard; and
            (c) describing its general type of classification; and
            (d) describing the immediate response action to be taken in an emergency.
(3) Despite subclause (2), the PCBU is not required to comply with regulation 2.6(1) and (2).
(4) A PCBU who contravenes this regulation commits an offence and is liable on conviction,–
            (a) for an individual, to a fine not exceeding $6,000:
            (b) for any other person, to a fine not exceeding $30,000.
 
2.9 Signage at workplace where milking animals are milked
(1) A PCBU with management or control of a workplace to which regulation 2.5 applies and where a hazardous substance that is a teat-sanitising product or a dairy maintenance compound is located in a building in which milking animals are milked must ensure that–
            (a) signage is positioned at the primary vehicular or pedestrian entrance to the building–
                        (i) stating that hazardous substances are present; and
                        (ii) stating the general type of hazard of each of them; and
                        (iii) describing the immediate response action to be taken in an emergency; and
            (b) that signage complies with regulation 2.5(2)(c).
(2) A PCBU who contravenes this regulation commits an offence and is liable on conviction,–
            (a) for an individual, to a fine not exceeding $6,000:
            (b) for any other person, to a fine not exceeding $30,000.
 
2.10 Duty of PCBU to maintain signage
(1) A PCBU who is required to display signage must–
            (a) alter the signage as soon as practicable if a change in the type, class, or quantity of
                   hazardous substances present at the workplace requires different information to be displayed; and
            (b) ensure that the signage is–
                        (i) kept clean; and
                        (ii) maintained in good repair; and
                        (iii) not covered or obscured.
(2) A PCBU who contravenes this regulation commits an offence and is liable on conviction,–
            (a) for an individual, to a fine not exceeding $6,000:
            (b) for any other person, to a fine not exceeding $30,000.
Regulation 10.34 Sub-clause (d) calls for compliance with regulation 10.6 and the need to document a “Hazardous Atmosphere Zone”.

Where:-
a plan of the relevant place that is accurate and drawn to scale to the extent necessary to enable the plan to meet its purpose in the provision that refers to it (in particular, by enabling a person inspecting the plan to identify actual distances and other relevant dimensions)

The specific regulations are as follows:
Regulation 3 (3) Interpretation
Regulation 5.7 (3) (d) (ii) Duty to prepare an Emergency Response Plan
Regulation 10.26 (4) (b) Where Class 2, 3 and 4 are present
Regulation 12.8 (5) (b) Where Class 5.1.1 and 5.1.2 are present
Regulation 12.34 (5) (b) Where Class 5.2 is present
Regulation 12.44 (b) & 12.36 (2) Where Class 5.2 is manufactured and used
Regulation 13.34 (5) (b) Where Classes 6 and 8 are present

(3) A reference in these regulations to a site plan is a reference to a plan of the relevant place that is accurate and drawn to scale to the extent necessary to enable the plan to meet its purpose in the provision that refers to it (in particular, by enabling a person inspecting the plan to identify actual distances and other relevant dimensions and need not necessarily be prepared by a person with qualifications in the preparation of plans.
 
Duty to prepare an emergency response plan
(3) The emergency response plan must, for each reasonably foreseeable emergency,–
(d) provide–
(i) an inventory of hazardous substances present at the workplace; and
(ii) a site plan that shows the physical position of all hazardous substance locations within the boundary of the workplace (if applicable).
 
10.26 Duty of PCBU to establish hazardous substance location
(4) The PCBU with management or control of the hazardous substance location must ensure that,–
(a) if a compliance certificate is required under regulation 10.34 or 10.36, a compliance certificate is obtained that certifies that the requirements of the relevant regulation are met; and
(b) a site plan is available for inspection that shows the physical position, in relation to the legal boundary of the site in which the hazardous substance location or hazardous substance locations are located, of–
(i) all hazardous substance locations within the workplace that contain class 2, 3, or 4 substances; and
(ii) all hazardous areas and controlled zones within the workplace; and
(c) if required under regulation 10.6, a hazardous area is established and maintained in accordance with that regulation
 
12.8 Duty of PCBU to establish hazardous substance location where class 5.1.1 and 5.1.2 substances present
(5) The PCBU with management or control of a hazardous substance location must
also ensure that,–
 (b) a site plan is available for inspection showing, in relation to the legal boundary of the site where the hazardous substance location is situated, the physical location of–
(i) all hazardous substance locations within the workplace that contain class 5.1.1 or 5.1.2 substances; and
(ii) all controlled zones within the workplace
 
12.34 Duty of PCBU to establish hazardous substance location where class 5.2 substance present
(5) The PCBU with management or control of a hazardous substance location must ensure that–
(b) a site plan is available for inspection showing, in relation to the legal boundary of the site where the hazardous substance location is situated, the physical position of–
(i) all hazardous substance locations within the workplace that contain class 5.2 substances; and
(ii) all controlled zones within the workplace;
 
12.44 Matters to be certified for hazardous substance location where class 5.2 substances manufactured or used
If a compliance certificate is required for a hazardous substance location under regulation 12.42 and that location or any part of that hazardous substance location is one where class 5.2 substances are manufactured or used, the compliance certificate must, in addition to certifying the matters specified in regulation 12.43, also certify that the requirements in regulation 12.36 are met, except that–
(b) a site plan shows that regulation 12.36(2) is complied with.

12.36 Additional duties of PCBU relating to hazardous substance location where class 5.2 substances are manufactured or used
(2) The PCBU with management or control of a hazardous substance location where class 5.2 substances are manufactured or used must ensure that it is separated from any other such hazardous substance location by–
(a) a distance of not less than that specified for incompatible substances or materials in tables 4 and 5 in Schedule 11; or
(b) a wall–
(i) that has a fire-resistance rating of 120/120/120 minutes; and
(ii) that is constructed to prevent a fire on one side of the wall from coming into contact with any such substances on the other side of the wall.

13.34 Duty of PCBU to establish hazardous substance location where certain class 6 or 8 substances present
(5) The PCBU with management or control of the hazardous substance location must also ensure that,–
(b) a site plan is available for inspection showing, in relation to the legal boundary of the site in which the hazardous substance location is situated,–
(i) the physical location of all hazardous substance locations within the workplace that contain the substance; and
(ii) all distances from the hazardous substance location to protected places, public places, and other hazardous substance locations within the boundary of the workplace

Click here to be redirected to the Legislative Instrument

Supervision and training of workers
4.5 Duty of PCBU to provide information, training, and instruction
(1)  In addition to complying with regulation 9 of the Health and Safety at Work (General Risk and
         Workplace Management) Regulations 2016, a PCBU must ensure that every worker who uses, handles,
        manufactures, or stores a hazardous substance (including hazardous waste) is, before the worker is
        allowed to carry out or supervise work involving those substances, provided with

              (a)           the information referred to in subclause (2); and
              (b)           the training and instruction referred to in subclause (3).
(2)  The information is–
               (a)          any operations in the worker’s work area where hazardous substances are present; and
               (b)          the location and availability of known reference material on the hazards, safe handling, and
                               storage of the hazardous substances found in the workplace, including (without limitation)
                               safety data sheets.
(3)  The training and instruction must include–
               (a)           training and instruction in the following:
                              (i)            the physico-chemical and health hazards associated with the hazardous substances the
                                              worker uses at work:
                              (ii)           the procedures (if applicable) for the safe use, handling, manufacture, storage, and
                                              disposal of the hazardous substances:
                              (iii)          practice in the safe use of plant (including personal protective equipment) necessary to
                                              manage the hazardous substances:
                              (iiia)        the worker’s obligations under these regulations:
                              (iv)          the actions that the worker should take in an emergency involving
                                               the hazardous substances; and
               (b)          an appropriate period of practical experience of the matters described in paragraph (a),
                               under direct supervision in the workplace
.
(4)  The information provided under subclause (2) and the training and instruction provided under
        subclause (3) may cover specific hazardous substances or groups of hazardous substances with
        the same hazardous properties.
(5)  A PCBU must–
               (a)          keep a record of training and instruction provided under this regulation for each worker;
                               and

               (b)          ensure the record is available for inspection by an inspector or compliance certifier.
(6)  A PCBU who can demonstrate, by documentation or certification, that a worker’s previous experience
        or training (or both) has resulted in training equivalent to that described in subclause (3) is not required
        to provide training and instruction in accordance with subclause (3) unless the PCBU considers
        refresher training to be necessary.
(7)  Despite subclause (6), a worker with equivalent training who is new to the workplace must receive site-specific induction and have appropriate supervised experience at the new workplace.
(8)  A PCBU who contravenes subclause (1) commits an offence and is liable on conviction,–
               (a)           for an individual, to a fine not exceeding $10,000:
               (b)          for any other person, to a fine not exceeding $50,000.
(9)  A PCBU who contravenes subclause (5) commits an offence and is liable on conviction,–
               (a)           for an individual, to a fine not exceeding $2,000:
               (b)          for any other person, to a fine not exceeding $10,000.

Click here to be redirected to the relevant NZTA page

Who needs a dangerous goods (D) endorsement?

If you’re transporting dangerous goods, you usually need to have a dangerous goods (D) endorsement on your driver licence.

 A lot depends on what you’re transporting, how much of it and under what circumstances.

  • If you’re transporting dangerous goods for hire or reward (eg if you’re a transport operator or a courier), you will usually need a D endorsement. There are some exceptions, which are listed in clause 9.2 of Land Transport Rule: Dangerous Goods 2005 (the rule).
  • If you’re transporting dangerous goods as tools-of-trade and the quantities are under the limits in schedule 1 of the rule, you don’t need a D endorsement.
  • If you’re transporting dangerous goods as tools-of-trade in quantities that are over the limits in schedule 1 of the rule, you will need a D endorsement, except for dangerous goods that are toxic to the aquatic environment and classified as UN 3077 or UN 3082, environmentally hazardous substances.
  • If you’re transporting dangerous goods for domestic or recreational purposes, you don’t need a D endorsement.

If you’re not sure whether you need a D endorsement, call our contact centre on 0800 822 422.

Land Transport Rule: Dangerous Goods 2005
Dangerous goods carried by transport service operators
Dangerous goods transported as tools-of-trade
Dangerous goods transported for domestic or recreational use

What are dangerous goods?

Commonly available goods that are classified as dangerous for transport include:

  • ammunition and fireworks
  • aerosol canisters
  • LPG and CNG cylinders
  • oxyacetylene and other welding cylinders
  • compressed air cylinders for scuba diving
  • diesel
  • flammable liquids such as petrol, kerosene, methylated spirits, turpentine, thinners, solvent-based paints and epoxy resin
  • hardener for epoxy resin
  • some swimming pool chemicals
  • some commercial and household cleaning products, such as dishwasher detergents
  • some garden care products.

If you’re not sure if you need a D endorsement, please call us on 0800 822 422.

Are there exceptions to needing a D endorsement?

  • If you’re transporting allowed quantities of dangerous goods for domestic or recreational purposes, you don’t need a D endorsement.
  • If you’re transporting allowed quantities of dangerous goods as tools-of-trade, agricultural purposes or commercial purposes, without pay or reward, you don’t need a D endorsement.

Drivers being paid or rewarded or carrying quantities over the allowed limits will need a D endorsement. Exception details are listed in clause 9.2 of the rule.(external link)

You need to complete a course

To ensure you have the necessary knowledge and skills for transporting dangerous goods you need to complete an approved course.

Find an approved course provider in your area

Please note you can’t drive on the road just because you’ve got the course certificate. The endorsement must be on your driver licence.

Applying for the endorsement

You can apply for a D endorsement at your nearest driver licensing agent (participating offices of the Automobile Association, Vehicle Inspection New Zealand and Vehicle Testing New Zealand).

You need to:

Where can I find out more?

Transporting dangerous goods for domestic or recreational purposes

Transporting dangerous goods as tools- of-trade, for agricultural use or for a commercial purpose, but not for hire or direct reward.

Transporting dangerous goods as a licensed transport service operator or if you transport dangerous goods for direct reward.

Get in touch with us today for assistance.