PERFORMANCE

24 WORKSAFE NEW ZEALAND
A DIFFERENT REGULATORY APPROACH
High hazard sites are often based on complex
technical systems and require a different regulatory
approach from those used in other sectors of the
economy (eg forestry). Emerging risks are less
likely to be seen easily on high hazard sites and
because of this there should be close monitoring of
systems and barriers to prevent catastrophes. There
is also a focus on early-warning precursor events
(eg small leaks from pipes or gas accumulating
underground) so that unsafe events can be averted.
We expect to be notified of all precursor events
as per regulatory requirements, but we know that
some operators are still unaware of the new need
to notify and we are helping them to understand
the requirements. This underscores the importance
of our engagement with operators, helping them
to learn about the importance of active safety
management. In 2014/15 we were notified of 80
potentially dangerous precursor events (56 in
the petroleum industry and 24 in extractives).
Our specialist inspectors determined that firms
responded adequately in all but one case.
GREATER OPERATOR OWNERSHIP
OF SAFETY PLANS
The new regulations require high hazard operators
to create their own safety plans, called safety
cases and principal hazard management plans.
These plans help operators to demonstrate their
understanding of risks and hazards within their
operations and that they have adopted the right
controls and mitigations. In 2014/15 we received
35 plans. WorkSafe invested significant resources
in assessing these documents. Each required us
to follow-up with the submitters to ensure they
met the required standards. This was not s
urprising because the requirements were
still relatively new. We expect the quality of
submissions to improve in the next few years,
and our guidance and proactive engagement
will support this. While we will be monitoring a
firm’s compliance with its own safety plan we
will also be checking that sites are applying the
right controls to their risks, to support safety
management that is active, not just documented.
BUILDING MOMENTUM WITH MAJOR
HAZARD FACILITIES
In the past there has been a lack of specific
regulations aimed at facilities storing or processing
significant quantities of substances that could
cause catastrophic harm if not properly controlled
(eg fuels and fertilisers). The forthcoming major
hazard facilities regulations seek to protect
neighbouring communities and workers from
catastrophic events and place new duties on
operators with facilities that have the potential
for major incidents.
In 2014/15 we worked with MBIE and the sector
to understand the scope of the proposed major
hazard facilities regulations and ensure their
workability. We also identified the sites presenting
greatest potential risk. It is likely that around
60 facilities will meet the top thresholds for
chemical storage and face higher duties under
the regulations. All of these owners have now
been informed of the forthcoming regulations and
what they will mean in practice. We have started
consulting on our draft guidance on the regulations
and are developing our programme of site visits
for when the regulations are in place.
TARGETING HAZARDOUS
SUBSTANCES
It is estimated that 150,000 businesses work with
hazardous substances (eg industrial chemicals
and fuels) in New Zealand; these are regulated by
the Hazardous Substances and New Organisms
(HSNO) Act 1996. The regime focuses on human
and environmental health, meaning we work closely
with the Environmental Protection Authority (EPA).