Working Together on Health and Safety APP203301 Paraquat Hearing - PowerPoint PPT Presentation

Working Together on Health and Safety APP203301 Paraquat Hearing 11 September 2019

OVERVIEW: 1 WorkSafe’s Role in Hazardous Substance Applications 2 Hazardous Substances and Risk Management 3 Upstream Duties 4 Paraquat Default Requirements 5 Paraquat Risk Management 2 WORKSAFE NEW ZEALAND

1 WorkSafe’s Role in Hazardous Substance Applications

New legislative framework for hazardous substances Under HSWA Health and Safety at Work (Hazardous Substances) Regulations. – Safe Work Instruments – Under HSNO EPA Notices – Regulation – Individual Substance Approvals – Regulation of hazardous substances that affect human health and safety in the workplace 4 WORKSAFE NEW ZEALAND

Work-related disease 5 WORKSAFE NEW ZEALAND

Our role in Hazardous Substance applications – Work with the EPA – Review applications to determine if risks associated with the hazardous substance can be managed adequately by existing regulations – Comment on upstream duties – Set additional or modified requirements in safe work instruments 6 WORKSAFE NEW ZEALAND

Safe Work Instruments (SWI) – Health and Safety at Work Act Section 227 and 228 – Section 227  The Minister may approve, revoke or amend  Developed by WorkSafe  SWI purpose to define terms, prescribe matters and make other provision in relation to any activity including the control of substances – Section 228  Legal effect only if referred to in regulations 7 WORKSAFE NEW ZEALAND

Safe Work Instrument Options for Paraquat – HSW(Hazardous Substances) Regulations Part 13 - Class 6 and 8 Substances – Regulation 13.46 Additional and modified requirements in safe work instrument for class 6 and 8 substance  Minister may approve a safe work instrument for the purposes of this regulation if satisfied that compliance with the provisions of the regulations that apply to a class 6 or 8 substance will not appropriately control risk associated with the substance. 8 WORKSAFE NEW ZEALAND

Safe Work Instrument Options for Paraquat – Regulation 13.46 continued In deciding whether to approve a safe work instrument, the Minister must have regard to the following matters: (a) whether compliance with the provisions of these regulations being considered will eliminate or minimise relevant risk so far as is reasonably practicable: (b) whether it is practicable for relevant duty holders to comply with those provisions: (c) whether compliance with a modified form of those provisions, or with additional or alternative requirements , would be more practicable and no less effective in eliminating or minimising risk: (d) whether a modified form of those provisions, or additional or alternative requirements , would be more appropriate to the nature of the hazards and risk being considered. 9 WORKSAFE NEW ZEALAND

Process for developing Safe Work Instrument – WorkSafe develops proposed controls – Consultation of 4 to 6 weeks, public can make submissions – WorkSafe considers submissions, revises SWI if needed – WorkSafe publishes submissions summary – WorkSafe presents final draft SWI to Minister – Minister considers SWI – If approved, the SWI is notified in the New Zealand Gazette – The SWI comes into effect on the specified commencement date – Process timeframe up to 6 months 10 WORKSAFE NEW ZEALAND

2 Hazardous Substances and Risk Management 11 WORKSAFE NEW ZEALAND

Risk management 12 WORKSAFE NEW ZEALAND

3 Upstream Duties 13 WORKSAFE NEW ZEALAND

Duties of upstream PCBU Designers Manufacturers Suppliers Importers HSWA Sections 39-42 14 WORKSAFE NEW ZEALAND

Information Upstream PCBUs must give adequate information about: – The purpose for which the substance was designed or manufactured – Any hazardous properties of the substance – Any conditions to ensure the substance is without risks to health and safety when used for the purpose for which it was designed or manufactured 15 WORKSAFE NEW ZEALAND

4 Paraquat Default Requirements 16 WORKSAFE NEW ZEALAND

Requirements from the Hazardous Substances Regulations Parts 2-5 Generic requirements:  inventory, labelling, SDS, packaging, emergency management, signage, information and training, managing risks Part 13 – Requirements for toxic substances, including:  Records of application, equipment, personal protective equipment, substance to be secured, tracking, separation distances, storage and segregation requirements  Certified handler ( considering substance specific certification) 17 WORKSAFE NEW ZEALAND

5 Paraquat Risk Management 18 WORKSAFE NEW ZEALAND

Determining controls We consider: – Will the proposed controls eliminate or minimise the risk so far as is reasonably practicable? – Evidence and operational intelligence. – The limitations and uncertainties in assessing and managing the risk. – Impact analysis, including economic and social impacts, and impact on the health and safety system. – Consideration of compliance costs, the costs are not disproportionate to the risk. – Consideration of alternative or accompanying interventions. 19 WORKSAFE NEW ZEALAND

Risk management measures Under consideration: – Closed cab application – Closed mixing and transfer system 20 WORKSAFE NEW ZEALAND

Getting you home healthy and safe. That’s what we’re working for. 21 WORKSAFE NEW ZEALAND