4 December 2023

WorkSafe has granted an exemption (HS2303) to Pan Pac Forest Products Limited from compliance with regulations 12.9(1)(b)(i) and 12.9(1)(b)(ii) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 to accept the reduced separation from incompatible substances between the hydrogen peroxide tank (ID 853231) and the DTPA tank (ID 853241) at 1161 State Highway 2, Wairoa Road, Napier.

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 the proposed exemption; and
• the exemption is not inconsistent with the purpose of the Act; and
• this is a situation where it is necessary and appropriate to exercise discretion to grant an exemption (section 220(1)).

WorkSafe also notes that:

• it is not considered necessary to relocate the tanks to a compliant distance or construct a fire rated wall as this would be disproportional to the risk given that the mitigations in place sufficiently manage the risks of the reduced separation and provides a similar level of protection from risks to health and safety.

The exemption comes into effect 4 December 2023 and expires on 4 December 2028 unless it is replaced sooner or revoked.