Incorporation of Standards by Reference
Pursuant to section 51 of the Legislation Act 2012, the Chief Executive, Ministry of Business, Innovation and Employment, hereby gives notice of the availability of standards proposed to be incorporated into the draft Health and Safety at Work (Hazardous Substances) Regulations 2016.
These draft Regulations can be accessed at: bit.ly/2kOncBn or by entering “Draft Hazardous Substances” in the search engine at www.mbie.govt.nz.
The following table sets out those proposed standards and where the standards can be purchased.
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Product type |
Standard |
Place of purchase/reason |
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Authorisation of compliance certifiers |
Certification standard: ISO/IEC 17020:2012 Conformity assessment – Requirements for the operation of various types of bodies performing inspection. |
Regulation 6.2 outlines who may apply for authorisation of compliance certifiers. To incorporate ISO/IEC 17020:2012 in Regulation 6.3 when describing information that must be provided to WorkSafe NZ by the applicant that evidences they are an eligible organisation.
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Fire safety storage cabinets |
Minimum performance standard: BS EN 14470-1:2004 Fire safety storage cabinets – Part 1: Safety storage cabinets for flammable liquids. |
To incorporate BS EN 14470-1:2004 in Regulations 11.2, 11.11(3)(a) and 11.29(3)(a) to provide an alternative means of compliance for the construction and installation standards for storage cabinets for particular hazardous substances.
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Above-ground stationary tank for hazardous liquids |
Minimum performance standard: ASTM D3299-10 Standard specification for Filament-Would Glass-Fiber-Reinforced Thermoset Resin Corrosion-Resistant Tanks |
To incorporate ASTM D3299-10 in Regulation 17.7(2)(h) to provide an alternative means of compliance to the standards currently incorporated.
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Minimum performance standard: ASME RTP-1-2015 Reinforced Thermoset Plastic Corrosion-Resistant Equipment |
To incorporate ASME RTP-1-2015 in Regulation 17.7(2)(h) to provide an alternative means of compliance to the standards currently incorporated.
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Minimum performance standard: UL 142 Standard for Safety for Steel Aboveground Tanks for Flammable and Combustible Liquids |
To incorporate UL 142 in Regulation 17.7(2) to provide an alternative means of compliance to the standards currently incorporated. |
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Minimum performance standard: BS 799-5-2010 Oil Burning Equipment – Part 5: Carbon steel oil storage tanks – specification |
To incorporate BS 799-5-2010 in Regulation 17.7(2) to provide an alternative means of compliance to the standards currently incorporated.
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Oil Burners |
Minimum performance standard: UL 296 Standard for Oil Burners |
To incorporate UL 296 in Regulation 17.66(6) to provide an alternative means of compliance to the standards currently incorporated.
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Minimum performance standard: BS EN 746-2:2010 Industrial thermoprocessing equipment – Part 2: Safety requirements for combustion and fuel handling systems. |
To incorporate BS EN 746-2:2010 in Regulation 17.66(6) to provide an alternative means of compliance to the standards currently incorporated.
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Gas cylinders |
Testing standards options: BS EN ISO 10297:2014 Gas cylinders, cylinder valves. Specification and type testing. |
To incorporate BS EN ISO 10297:2014 in Regulation 15.28 to provide an alternative means of compliance to the other standards incorporated by reference in subsection (2).
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Minimum performance standard: BS ISO 12209:2013 Gas cylinders, outlet connections for gas cylinder valves for compressed breathable air. |
To incorporate BS ISO 12209:2013 in Regulation 15.28 to provide an alternative means of compliance to the other standards incorporated by reference in subsection (2).
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Minimum performance standard: BS EN ISO 407:2004 Small medical gas cylinders. Pin index yoke-type valve connections. |
To incorporate BS EN ISO 407:2004 in Regulation 15.28 to provide an alternative means of compliance to the other standards incorporated by reference in subsection (2).
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Pressure regulators |
Minimum performance standard: BS EN 16129:2013 Pressure regulations automatic change-over devices, having a maximum regulated pressure of 4 bar with a maximum capacity of 150kg/h, associated safety devices and adaptors for butane, propane and their mixtures. |
To incorporate BS EN 16129:2013 in Regulation 15.33 to provide an alternative means of compliance to the other standards incorporated by reference.
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The standards are available for inspection, at no charge, between the hours of 9.00am and 5.00pm from Monday to Friday (excluding statutory holidays) at the Ministry of Business, Innovation and Employment Office, 15 Stout Street, Wellington 6140.
Comments on these proposals can be sent to:
Comments are due by Friday 10 March 2017.
Dated this 14th day of February 2017.
DAVID SMOL, Chief Executive, Ministry of Business, Innovation and Employment.