9 January 2025

WorkSafe has granted an exemption (SEP2403) to Handley Industries 2022 Limited from compliance with regulation 11.29(1), 11.36(2)(c) and 11.37(4) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 which require that hazardous substances are used or held in a type D store or a type 3 workroom at 77 Hillside Road, Glenfield, Auckland.

The exemption is granted by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 on the basis that WorkSafe is satisfied that—

• the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to it; and
• the exemption is not inconsistent with the purpose of the Act as
  • it is not practicable to comply with the prescribed 240/240/240 FRR for the ceiling of the workroom as the engineering and business costs will be disproportionate to the risk associated with the non-compliance, which is mitigated by the parapet wall between the workroom and adjacent store and firefighting measures in place; and
  • it is not practicable to comply with the prescribed FRR for the roller door of the workroom as roller doors cannot be built with any insulation rating; and
  • it is not practicable to comply with the prescribed -/240/60 FRR requirements for the two sliding doors and the three personnel doors on the basis that doors with this FRR are not available; and
  • the risks associated with reduced separation distances to protected places are mitigated by the required fire rating of the workroom, including the fire-doors, and other firefighting measures in place; and
• this is a situation where there is good reason to grant an exemption under section 220(1).

The exemption comes into effect 9 January 2025 and expires on 9 January 2030 unless it is replaced sooner or revoked.