The Regulations set out the separation distances from a store of class 6 and 8 substances to public places and protected places. Separation distances are designed to mitigate the risk of:

The requirement for location compliance certification for toxic and corrosive substances comes into force on 1 December 2019.

2 The Regulations define a container as any receptacle for holding hazardous substances, including a stationary tank, process container, and a package. Drums and intermediate bulk containers (IBCs) meet the broad definition of container. Containers have different purposes,including but not limited to storing, transporting and processing substances.

Note: When toxic and corrosive substances have other hazardous classifications, then PCBUs must also meet the relevant requirements of the Regulations.

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4 Regulation 13.35 sets requirements for: emergency access; security from access; means of access; building materials; ventilation; secondary containment; avoiding sources of heat; avoiding spillage; segregation from incompatible substances; stacking appropriately; and eye, hand and body wash facilities.

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3 The Regulations’ definition of process container includes: a mixing container, reaction vessel, distillation column, drier, or dip tank.

In these circumstances, the PCBU does not need to establish a hazardous substance location or obtain a location compliance certificate.

Hazardous substances can be held by a variety of containers for a number of purposes.2 What is happening to a substance is central to determining if it is in storage or not in storage.

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Under regulation 13.34(3), the PCBU must ensure the hazardous substance location is, and complies with the requirements for, one of the following:

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This means that, if the thresholds for quantity and time are exceeded, the PCBU must establish a hazardous substance location and obtain a location compliance certificate.

Class 8Corrosive UN Number

Class 6 and 8 substances are present at many industry sites across New Zealand. For example, class 6 substances are important in timber treatment and electroplating processes, and primary production. Class 8 substances are essential components of clean-in-place (CIP) systems in the dairy, food processing, and pharmaceutical industries, and are widely used in water treatment an manufacturing sectors.

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1  PCBUs with management or control of sites storing class 6 and 8 substances for durations under the prescribed timeframes and/or in quantities less than the prescribed thresholds are not required to establish a hazardous substance location or obtain location compliance certification. However, they must meet the requirements of regulation 13.26 and all other relevant regulations

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To improve the management of class 6 and class 8 hazardous substances, new requirements for storage and location compliance certification were introduced in the Regulations. Many requirements have been in force since 1 December 2017 and some have come into force subsequently. PCBUs should be complying with the requirements that are already in force.

6 Adverse event includes all reasonably foreseeable emergencies that could arise from a breach or failure of controls on any hazardous substance at the workplace (eg a fire, leak or spill) or events occurring outside the workplace (eg fire, vehicular accidents, natural disasters).

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5 Where applicable, the PCBU must also meet the requirements for stationary container systems under Part 17 of the Regulations.

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This policy clarification explains the requirements of Part 13 of the Health and Safety at Work (Hazardous Substances) Regulations 2017 (the Regulations) that apply to the storage of liquid and solid class 6 (toxic) and class 8 (corrosive) substances above prescribed thresholds.

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The PCBU must establish a hazardous substance location and obtain a location compliance certificate for class 6 and 8 hazardous substances when:

Regulation 13.35 does not define what ‘a store other than an indoor storage cabinet’ (a store) is, but it requires the store to have certain characteristics. This provides flexibility in how the regulation is met, and allows for many types of stores.

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