Home TCC Blog TCC(NZ) Warns Clients About The Impact Of New Regulations Coming Into Force In Near Future
TCC(NZ) Warns Clients About The Impact Of New Regulations Coming Into Force In Near Future
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TCC(NZ) Warns Clients About The Impact Of New Regulations Coming Into Force In Near Future

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Auckland-based HSNO legal luminary Technical Compliance Consultant (NZ)  takes pleasure in informing and advising clients about the new Health and Safety at Work (Hazardous Substances) Regulation 2017, especially in terms of its commencement and meaning of hazardous substances, so that they may be able to comply with such regulations as and when these come into force.

The HSNO expert, in order to provide a cross reference, has also cited how other nations have reacted to this issue in a few brief sentences.

So far as Commencement is concerned, please note down the dates as outlined below. As for interpretation of each unit of regulation, that will take volumes of pages. In any case, these regulations will come into force at much later days and TCC(NZ) will provide the necessary interpretation as and when they come into force. However, the information will forewarn clients about the new regulation that will change the impact of the original enactment enforced earlier in the country.

  • Regulations 1, 3, 4, 6 to 12, and 15.52 will come into force on and from September 1, 2017.
  • Regulations 4.3, 13.26, and 13.27 will come into force on and from June 1, 2018.
  • Regulation 13.28 will come into force on and from December 1, 2018.
  • Regulations 1.4, and 13.34 to 13.37 will come into force on and from June 1, 2019.
  • Regulation 13.38 will come into force on and from December 1, 2019.
  • The rest of the Regulations will come into force on and from December 1, 2017

 

Meaning of Hazardous Substance

  • With reference to the regulations, save and except where the context otherwise requires, Hazardous Substance has the same meaning as in Section 2(1) of the HSNO Act, as that meaning is modified by sub-clause (2), but does not include food, yet includes Food Additive, while it does not include Medicine, yet includes New Medicine that is treated as hazardous under the HSNO Act; yet does not include any Psychoactive Substance that is treated as non-hazardous under the same Act.
  • The meaning of hazardous substance is modified for the purpose of these regulations by way of skipping over paragraph (a)(vi) {eco-toxicity} of the definition of hazardous substance in Section 2(1) of the HSNO Act.
  • Sub-Clause (1)(a) still applies in spite of the definition of hazardous substance in Section 16 of the Act.
  • Food additive means a substance that is identified in an adopted joint food standard as a substance intended to be mixed with or added to any food or drink, as well as not been so mixed or added.
  • Medicine has the same meaning as in Section 3 of the Medicines Act 1981 but does not include gas contained in a container having capacity greater than 100 ml at pressure greater than 170kPa; as also has not been administered to any person for therapeutic purposes, and does not include new medicine that is treated as hazardous under the HSNO Act.
  • Psychoactive Substance has the same meaning as in Section 9 of the Psychoactive Substances Act 2013.
  • Therapeutic Purpose has the same meaning as in Section 4 of the Medicines Act 1981.

 

Reference to other countries where health and safety at work regulation is already enforced

  • In the United Kingdom there many Regulations that are relevant to safety at work. Breach of these regulations is considered to be a crime throughout the UK. In England and Wales contravention is punishable on summary conviction or on indictment with unlimited fine. Either an individual or a corporation can b e punished, while sentencing practice is published by the Sentencing Guidelines Council.
  • In Australia, the Commonwealth, four of the six states and both territories has enacted and administer harmonized Work Health and Safety Legislation in accordance with the Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety.
  • In Canada, workers are covered by provincial or federal labor codes depending on the sector in which they work. Workers covered by federal legislation (including those in mining, transportation, and federal employment) are covered by the Canada Labor Code; all other workers are covered by regulations relevant to the province in which they work.
  • In US, Occupational Safety and Health Administration (OSHA) administers the Occupational Safety and health Act. Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state Plan. Employers subject to OSH Act have a general duty to provide work and a workplace free from recognised, serious health hazard.
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