Good practice to help site operators identify and manage the risks associated with dispensing petrol/fuel at unattended refuelling sites.

Key points

• An unattended refuelling site will present many of the same risks as an attended service station but there are also quite different risks from activities involving fuels, to workers and other people.
• Risks must be eliminated, so far as is reasonably practicable, and if not reasonably practicable, control measures must be implemented to minimise these risks.
• An adequate emergency response for an unattended refuelling site must be provided, including an emergency response plan (ERP) for responding to incidents and assisting customers and emergency services.

1.0 Introduction

1.1 Purpose of this guidance

The purpose of this guidance is to help site operators to identify and manage the risks associated with dispensing fuel at each unattended refuelling site.

As a person conducting a business or undertaking (PCBU), site operators have duties to their workers and others that need to be met under the Health and Safety at Work Act 2015 (HSWA).

A PCBU must not only ensure, so far as is reasonably practicable, the health and safety of its workers but must also look after other people who could be put at risk by its work, for example, customers, visitors, and the public.

This guidance contains recommended good practices that may help PCBUs meet certain legal duties.

For more information, see Who or what is a PCBU?

While the sources of risk of the fuel-dispensing activities are similar at attended and unattended sites, the absence of a person on site to respond to an emergency means more robust preventative control measures, and response systems may be needed at an unattended site.

This guidance is focused on:

• systems and processes that may be put in place to minimise the likelihood of incidents happening and
• identifying a response appropriate to the seriousness of an incident.

1.2 Who is this guidance for?

This guidance is primarily for PCBUs that are:

• operating an unattended refuelling site, or
• considering establishing a new unattended refuelling site, or
• converting an existing attended service station to one that is fully unattended or unattended for periods of time.

In this guidance, ‘you’ means the PCBU.

1.3 What does this guidance cover?

This guidance covers the following topics:

• considerations for choosing and establishing an unattended refuelling site
• how to undertake an assessment to identify and manage the risks of dispensing fuel to the public at an unattended site
• control measures to be considered for an unattended site
• emergency response – actions to deal with incidents at an unattended site.

The following topics are not covered:

• the technical aspects of dispensing fuels, that are common to both attended and unattended service stations
• environmental issues such as contamination of water and land.

Some of the topics are also relevant to attended service stations, however they typically require further consideration at unattended sites.

1.4 Legislation to be aware of

In respect of dispensing fuel at your work site, you have statutory obligations to comply with the requirements of the Health and Safety at Work Act 2015(external link) (HSWA) and other relevant laws and regulations, including the Health and Safety at Work (Hazardous Substances) Regulations 2017(external link) (the Hazardous Substances Regulations).

It is your responsibility as the PCBU to ensure compliance with all legislation. This guidance is written to assist you in ensuring your site is compliant with these specific requirements, however, it is not intended to provide a means of total compliance. This guidance is not stand-alone and is supplementary to the WorkSafe New Zealand guidance for attended service stations.

Some specific regulations are referenced in this guidance to assist you.

Health and Safety at Work Act 2015 (HSWA)

Under HSWA, you have a primary duty of care(external link) to ensure, so far as is reasonably practicable, the health and safety of workers such as maintenance workers and cleaning workers.

You must also make sure, so far as is reasonably practicable, that the health and safety of other people (such as customers) is not put at risk from:

• work carried out as part of the conduct of your business
• your site
• the means of entering and exiting your site
• anything arising from the site. For example, hazardous areas, fuel spills.

Health and Safety at Work (General Risk and Workplace Management) Regulations 2016

The Health and Safety at Work (General Risk and Workplace Management) Regulations 2016(external link) (‘GRWM Regulations’) apply to all workplaces and include provisions on:

• risk management processes
• workplace facilities
• emergency plans
• personal protective equipment (PPE)
• health monitoring requirements.

Health and Safety at Work (Hazardous Substances) Regulations 2017

The Hazardous Substances Regulations(external link) set out responsibilities for managing risks associated with hazardous substances, including fuels.

This guidance highlights aspects of the Hazardous Substances Regulations relevant to unattended sites. Some matters relevant to both attended and unattended sites are not covered. For further information on keeping a service station compliant with the Hazardous Substances Regulations, see the WorkSafe guidance Keeping your service station compliant with the hazardous substances regulations

Generally speaking, the Hazardous Substances Regulations are prescriptive rather than being performance-based. They must be complied with in their entirety.

Other legislation

You also need to take into account other legislation, such as resource management laws, the Fire and Emergency Act 2017(external link) and relevant Regional and District plans.

This other legislation (for example, consents under resource management laws) may conflict with the control measures in this guidance. Consideration should be given to this in the planning stages and the site-specific risk assessment.

2.0 Risks at unattended sites

An unattended refuelling site will present many of the same risks as an attended service station but there are also quite different risks, namely:

• unattended sites do not hold cash or cigarettes so harm incidents arising from aggravated activity is minimised, and
• unattended refuelling sites present some unique risks due to the absence of workers to supervise activities or to attend to any adverse incident.

The absence of on-site workers could make it difficult to:

• respond to an incident promptly and minimise harm
• immediately call the emergency services in the event of a serious incident
• preserve a work site at which a notifiable incident has occurred
• facilitate an evacuation.

You must:

• assess the risks from activities involving fuels, to workers and other people
• eliminate the risks, so far as is reasonably practicable, and if not reasonably practicable implement control measures to minimise these risks.

See Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 for more information on General Risk and Workplace Management requirements.

You cannot just rely on emergency services to prevent serious harm.

In your risk assessment you must consider the following factors:

• the hazards and risks relevant to your site
• the management of minor incidents. For example, you should have processes in place for dealing with small fuel spills¹ without involving emergency services
• the number of dispensing operations carried out in any given period
• that an incident that may involve a customer being in a state of distress and in need of personal assistance
• that petrol is more hazardous than diesel when released. A spill of petrol requires quick and correct action to prevent fire or injury. Anyone who gets fuel spilled on them needs to receive prompt attention and accurate advice
• that at an unattended site there will be a dependence on the customer to look after themselves.

You must ensure that there is an emergency response plan, which is put into action as soon as possible.

You should also prepare a summary of the emergency information for Fire and Emergency New Zealand (FENZ).

The priority should be prompt detection of an incident, and reliable and effective systems to ensure the safety of customers and allow them to seek rapid assistance.

3.0 Site-specific risk assessment

3.1 Conducting a risk assessment

Conducting a risk assessment involves the steps set out in Figure 1 (below).

An example of the methodology in a risk assessment has been included as Appendix 1.

Use the hierarchy of control measures (included in Appendix 6) to work out the most effective control measures to use.

Open larger image

Consider what could go wrong and who could be affected:

• For each action on the site (for example, refuelling a vehicle), decide whether and how fuel could escape.
• Consider how much could spill or leak, what route it might take and where it would collect.
• Identify the incidents which could lead to major losses of containment (for example, a failure of a tank wagon hose).
• Look for possible sources of ignition.
• Take account of human error and the fact that people do not always follow instructions or behave in a responsible way.
• Think about the people, including the greatest number of people who could be adversely affected by a spill or leak.

Evaluate:

• Check all the control measures required by regulations (including the Hazardous Substances Regulations, Regional, and District plans, and Resource Consents.
• Consider whether these control measures and others already in place are enough to prevent anything going wrong or prevent the incident escalating.
• When evaluating the required controls the principles of 'so far as is reasonably practicable' must be applied, and ensure the residual risk is acceptable.

Put control measures in place:

• If you conclude you should do more, you must develop a plan to implement any additional control measures.

Review the assessment:

• The risk assessment undertaken for a site should be periodically reviewed. Any change to the site, the neighbouring environment, or the operating procedures that have the potential to change the risk should initiate a review. 

4.0 Factors that may affect your risk assessment

You should consider the following factors when assessing the nature and level of risk before deciding on developing a new unattended site or converting an existing attended site to an unattended site.

These matters are in addition to the normal planning and location assessment considerations.

Co-location of other hazardous activities or facilities on the same site. You must consider the risks associated with activities or facilities of a hazardous nature which are co-located on an unattended site (for example, hydrogen refuelling, or electric vehicle recharging stations). An incident at one facility, and any necessary emergency response, may have a significant impact on the other facility. You must, so far as is reasonably practicable, consult, cooperate, and coordinate activities with all other PCBUs you share duties with so that all PCBUs can meet their joint responsibilities.

Overlapping duties. Where duties are shared (for example, another company monitors the site/delivers fuel/maintains equipment) all PCBUs have a responsibility to meet those duties, to the extent that they have the ability to influence or control the matter. You must consult, cooperate with and coordinate activities with all other PCBUs you share duties with, so far as is reasonably practicable.

Surrounding land uses. You need to take risks posed by surrounding land usages and surrounding activities into account. Sites surrounded by residential neighbours may present a higher level of community risk associated with delayed responses to spills or fire. Similarly, sites immediately adjacent to usages such as commercial buildings, or office buildings, childcare facilities, hospitals, or retirement villages may create additional risks.

Likely usage pattern. You should consider the number of dispensing operations to be carried out in any given period. A greater number of transactions will mean a greater likelihood of an incident occurring.

Types of filling activities. Most fills will be associated with filling vehicle fuel tanks, but there may be times when other containers are filled, for instance boats or small vehicles on trailers. You should also consider the filling of portable containers and how events such as fuel shortages or a natural disaster, may lead to more demand for the filling of portable containers.

Above-ground tanks. If the site has above ground tanks, you must ensure the risks from them are suitably managed through the application of control measures, in particular those control measures prescribed in the Hazardous Substances Regulations(external link)

For example, secondary containment, and compliance certification. Make sure the tanks are separated from forecourt activities to reduce the risk of being involved in a fire or vehicle impact.

Spillage. Fuel spills can occur during dispensing, and control measures and equipment need to be in place to deal with such occurrences. In particular, you should consider how to respond to incidents where a customer is splashed with fuel, or a spillage is of such a size as to be a risk to customers or other people.

Hazardous areas. The dispensing of flammable liquids creates hazardous areas. You must make sure these hazardous areas are managed to minimise the likelihood of unintended ignition. Refer to Section 5.11 for more information.

Potential ignition sources. An ignition source is a potential risk at a refuelling site. To reduce the risk of an incident at an unattended site, you need to consider how to minimise persons bringing potential ignition sources onto the forecourt.

Outbreak of fire. You need to consider how to prevent the spread of any outbreak of fire on the forecourt.

The availability of a trained person to respond to an incident. The availability of a suitably trained person to provide advice or attend the site. The response of a trained person, including the response time, will depend on a range of factors, including the nature of the incident and the nature of the site.² A range of incident types should be considered and the responses, including the response time, should be commensurate with these.

The availability of equipment and facilities required to respond to any credible adverse incident. For instance, spill kits, fire extinguishers, water hoses and first aid equipment may be on site or be part of the emergency response capability.

The proximity of the site to incident/emergency response services. The mitigations in place to address the absence of workers on an unattended site (and therefore a prompt response) need to reflect realistic response times, that is, how long will it take given the location and time of day.

5.0 Managing the risks at your site

This section sets out a range of potential control measures that could be adopted at an unattended site. This list is not exhaustive.

It is your responsibility to make sure, so far as is reasonably practicable, the health and safety of customers and others is not put at risk from the operation of your unattended site. This may mean that you need to adopt additional control measures to address the risks identified in your site risk assessment.

Whilst these matters also apply to attended sites, they should be given greater consideration at an unattended site, given the lack of workers on site to immediately respond to an incident.

5.1 Hardware and equipment

You should select hardware and equipment that minimises onsite risks. This equipment and hardware (which is common to attended service stations) should include:

• double walled tanks for below ground tanks and, where below ground pipelines are under pressure, double walled pipelines (for new and re-tanked sites)
• tank pit observation wells (for new and re-tanked sites)
• inventory reconciliation systems
• interstitial monitoring systems
• water monitoring systems (for example, a water sensor)
• forecourt drainage routed through an oil water separator/interceptor.

5.2 Drainage systems

An effective drainage system will enable released fuel to drain quickly to an underground interceptor to prevent pooling of fuel on the forecourt.

The drainage system should be designed according to Ministry for the Environment guidelines.³

When designing your drainage system, you should consider having:

• drain openings located as near as possible to the dispensers
• multiple drain openings to minimise the travel distance of a spill from any dispenser to a drain opening, or a long central drain channel between pumps islands
• a graded forecourt so any spill can quickly flow to a drain opening
• an interceptor that can handle the runoff from its catchment
• an interceptor capable of receiving and holding a credible site fuel spillage with a minimum a 2,500L fuel spill capacity.

You will need to consider rainfall. Sites without canopies may require larger interceptors than those with canopies.

If fuel deliveries are made at times when your site is open for unattended fuel dispensing, you should consider minimising the risk of exposure to customers, by, for example:

• keeping customers away from fuel delivery operations
• ensuring the tank fill point has effective spill containment, including a drainage system that drains any spills safely to an underground interceptor.

5.3 Emergency equipment

Potential emergency situations at an unattended refuelling sites include:

• fuel spills
• damage to a dispenser
• leakage in storage tank and/or pipework
• vehicle, fuel, or other fire.

You should locate emergency equipment (for example, fire extinguishers and spill kits) so it is easily visible from the dispensing areas and is at a safe distance, clear of any potential spills and the effects of a potential incident.

If the equipment is in a cabinet, you need to clearly mark the cabinet to indicate what it contains or have a glazed door fitted so the contents can be seen. The door should be secured in a way that does not prevent immediate access in an emergency.

Fire extinguishers are not part of spill kits and should be made available as outlined in Section 5.12

5.4 Emergency stop devices (ESDs)

An ESD is a manual control device that initiates an emergency stop function.

The operation of an ESD will limit the severity of an uncontrolled spill or leak of fuel.

Location of ESDs

You should locate ESDs where they are prominent, can be easily identified, and readily and safely accessed. Multiple ESDs may be necessary for larger forecourts. You should consider the proximity of ESDs to the dispensers and where the emergency equipment might be located when considering ESD placement.

ESD marking

Onsite ESDs should be easily identifiable and have wording to clearly identify them as emergency stop devices.

ESD action

Your risk assessment will determine what actions should be initiated when an ESD is activated.

Operating an ESD should initiate:

• emergency stop functions
• stopping of multiple pumps
• shut down fuel flow
• isolating power
• notification to the facility owner⁴
• lockdown of EV charging or turning the power off
• alerting the controlling company.⁵

5.5 Spill kits

Spill kits and spill-related equipment (such as PPE) should be on site and accessible to fuel company responders and FENZ, but not the public. Spill response is a specialist area and should only be conducted by competent and trained people.

You should strongly discourage the public (for example, using signage) from trying to clean up a spill or prolonging the emergency by not allowing spilled fuel to drain safely to an underground interceptor.

5.6 Water for rinsing spills

It is possible that customers may have fuel spilt onto their clothing or person. You should make water available for them to douse clothing which has been affected and for the rinsing of skin and/or eyes.

5.7 Maintenance and monitoring

Regular maintenance and monitoring are essential to minimise the likelihood of an incident at the site.

Daily monitoring is recommended for (amongst others):

• leaks
• spills
• emergency equipment
• integrity of equipment.

Refer to Sections 5.9 and 5.15 for more information.

5.8 Handover procedure between attended and unattended (and vice versa)

If a site alternates between attended and unattended modes of operation (for example, overnight), a handover checklist should be used to ensure the appropriate control measures are in place each time the site transitions to unattended mode.

The checklist should include checks that:

• all emergency equipment is present and in working order
• if you do have an emergency telephone, any memory buttons are programmed-in and working.

5.9 Maintenance and inspection

It is important you have a preventative maintenance programme to ensure equipment is regularly inspected and maintained.

Customers should be encouraged by way of signage to report any small leaks or maintenance issues.

The maintenance programme should include the regular maintenance and inspection of:

• fuel dispensers (including hoses) to reduce the likelihood of a customer being exposed to fuel
• drains and interceptors to limit the likelihood of pooling in the event of a spill
• tank manways
• fill points
• vent pipes
• dispensers
• underground petroleum storage system infrastructure.

The programme should also include procedures for checking, testing, and maintaining emergency equipment (fire extinguishers, spill kits and ESDs).

The standards to which the maintenance is undertaken should be determined at the outset.

You must have a periodic location compliance certification and stationary container system certification as required by the Hazardous Substances Regulations(external link)

5.10 Lighting

It is important to have lighting at unattended refuelling sites that will:

• lessen risk of collision impact by vehicles
• deter vandalism
• help customers fill vehicles safely
• make signage and ESDs visible
• ensure the effectiveness of CCTV monitoring (refer to Section 5.15)
• enable customers to see where to go in an emergency
• ensure spills and defects are visible.

5.11 Management of hazardous areas

You must ensure the onsite hazardous areas are managed.⁶ This is a requirement under the Hazardous Substances Regulations and is common for both attended and unattended refuelling sites. Further consideration should be given to unattended refuelling sites, including minimising people bringing potential ignition sources onto the site.

You should consider, including:

• prominent signage to ensure the public avoid creating sources of ignition
• potential fires, such as vehicle fires, not involving spilled fuel
• minimising combustible items within the hazardous area on the forecourt
• the regulatory options for managing hazardous areas, refer to Part 10 of the Hazardous Substances Regulations(external link)

5.12 Fire extinguishers

To minimise the effects of a fire, you should consider having fire extinguishers available for use (to reduce the likelihood that a small fire, which is not necessarily a fuel fire, becoming a larger and more dangerous fuel fire).

Consider the signposting and location of fire extinguishers.

Fire extinguishers should be located outside hazardous areas; preferably beside an ESD.

The installation of any fire extinguisher at an unattended site could include a sensor which records whether an extinguisher has been used or removed. For example, if the extinguisher is in an emergency cabinet, a sensor could be on the door to the cabinet.

5.13 Preventing slips and falls

To help prevent people on site (including customers and emergency services) from being injured from a slip or fall, the forecourt surface should still provide traction underfoot if fuel or oil is present.

5.14 Volume limits for each sale

Volume limits per sale can limit the severity of any spill due to an overfill or mechanical issue. Where it is practicable you should consider volume limits per sale to prevent the continuous operation of a dispenser for more than three minutes or a continuous outflow of more than approximately 100L.

5.15 Remote monitoring of the site

The level of supervision by remote monitoring is determined by your risk assessment.

You should install CCTV camera(s) to provide a clear view of the dispensing area and the bulk fuel delivery points.

The visible presence of a CCTV camera may deter antisocial behaviour that could result in an incident. This could be accompanied by signage informing the public that the forecourt is monitored. CCTV is particularly useful for post-incident investigation, so improvements can be made to the site.

While a remote CCTV monitoring system that has direct two-way communication with the forecourt is not a mandatory requirement for an unattended refuelling site you, may consider it as an immediate response and a way to provide an initial assessment of the severity of the incident. It is also useful to assess a situation once an alert has been raised by a member of the public. However, the primary control measure remains the response to the site by a trained person.

For live CCTV monitoring of a site, workers with access to the site should be trained in the operation of the emergency equipment that is within their role to utilise in the event of an emergency, and in any emergency procedures they may have to start, for example, spill control.

5.16 Control systems

You should consider adopting one or more of the following control systems:

• a remote emergency shutdown system that will automatically shut down one or more dispensers
• isolating the power to the dispensers
• contacting the emergency services covering the area where the site is located
• dispatching a trained responder to the site
• monitoring of point-of-sale data from dispensers and automatic tank gauges combined with an algorithm to detect unusual conditions
• leak-detection systems integrating dispensers, pipelines and tanks to a monitored alarm and/or an automatic emergency shutdown
• an integrated automatic tank gauge system that can detect leakage and initiate an emergency shutdown.

Consider adopting systems which highlight abnormal site activities, including activities such as:

• failure of CCTV camera
• abnormal dispenser running time
• opening of emergency gear
• operation of the ESD
• fuel in the interceptor.

Advanced systems

You should consider whether adopting any new or emerging technology is appropriate for your site.

This could include revisiting control measures, such as:

• a control centre that includes a live CCTV system that is able, upon selection, to view the dispensing areas and the emergency cabinet
• an alarm warning system with visual and audible functionality that can be remotely activated by a control centre
• fire detection systems.

As new technologies emerge you should revisit the risk assessment and determine what should be implemented.

5.17 Communication with public

You should consider communication with the public. If you do not have remote monitoring installed, you will be relying on the public (customers or passers-by) to initiate a response to an incident.

While mobile phones are very common, a risk assessment may determine that a fixed (‘landline’) telephone is required. For example:

• in areas where mobile phone coverage is absent or unreliable, or
• there is a likelihood a mobile phone will not be available.

You must be able to provide an initial response and not rely on the emergency services to be the first responders.

For a minor spill or other minor issue, or to report a maintenance issue, it is more appropriate for the public to contact the fuel company’s call centre. This will help avoid unnecessary callouts to emergency services.

In serious situations, such as a fire, major spill, or injury (including petrol exposure) it is appropriate for the public to contact emergency services directly (call 111).

It may not always be clear to the public if they should call 111 or the fuel company call centre. They should not be discouraged from calling 111 in the event of a serious incident.

For more information on general signage refer to Section 6.3

5.18 Emergency safe area

Consideration should be given to designating a remote emergency safe area or muster point in the emergency response plan. Alternatively, customers could be directed off the property. Consideration should be given, where practicable, to the emergency safe area:

• being outside any hazardous areas
• being away from the foreseeable effects of heat or flame if there is a fire on site
• not being in an area of the site which may not be accessible, or where people may become trapped, in the event of an emergency
• being well lit
• having an emergency stop device (ESD)
• having emergency signage
• having a means of communication to raise an alarm if private mobile phones cannot be relied on. For example, where cell phone coverage is poor.
• having at least one fire extinguisher.

The emergency safe area may also be the area that is nominated for emergency evacuation.

5.19 Safety data sheets for customers

You must ensure that current safety data sheets for the fuels, or a condensed version of the key information from the safety data sheet (for example, a product safety card) are readily accessible by customers at the site.

Making the information available can be achieved by displaying a ready link to the information. For example, displaying a QR code that links to it.

Pictograms should be displayed to convey the safety critical information.

5.20 Traffic management

As there is no one on site to respond to a traffic-related incident, you should take steps designed to prevent traffic impact by customers and tank wagons on the dispensers and other infrastructure. You should consider having:

• a site layout that promotes safe speeds on the forecourt
• the site designed to limit the amount of vehicular manoeuvring required
• clearly marked dispenser islands so they are visible to drivers
• adequate lighting so that obstacles are clearly visible at night
• impact protection at approach to dispenser islands.

5.21 Filling portable containers

Signage reflecting the requirements for portable containers should be provided. For example, use approved containers only, maximum size 25L, fill at ground level, do not fill in, or on, vehicles.

5.22 Worker and contractor training

Workers and contractors who attend the site must be trained in site procedures and the duties which they are required to undertake. You must retain records of training.

5.23 Are control measures working?

You must regularly review your control measures to ensure that they are effective in managing the risks at your site.

Examples of how this could be done, is by including the key control measures in:

• the regular inspection checklists, and
• the safety management system.

Safety audits should cover your control measures, and you should review all incidents to determine whether you need to make any changes.

6.0 Emergency response

An adequate emergency response for an unattended refuelling site includes:

• an emergency response plan (ERP) for responding to incidents and assisting customers and emergency services
• providing FENZ with information about your site by way of their Emergency Services Information Summary
• how you will work with emergency services if there are no workers on-site who can take initial control of the situation and liaise directly with responders on arrival
• emergency signs
• a procedure for a trained person to attend the site within a realistic time to deal with any incidents
• an emergency response system, including communication and monitoring systems
• control measures to address the consequences of incidents of sudden hose or coupling failures resulting in a customer being splashed or sprayed with fuel
• the ability to remotely isolate a site to prevent the dispensing of fuel.

6.1 Emergency response plan (ERP)

For an unattended site, the primary purpose of the ERP is to prevent immediate harm by ensuring people:

• take appropriate actions in the event of an incident and evacuate to a safe place
• are then able to call for help and that help will be provided in a timely manner.

The plan must cover every credible scenario and be specific to the site. The plan must include:

• what actions you will take to warn people of emergency situations and how they can protect themselves
• compliance with the requirements of the Hazardous Substances Regulations, in particular Part 5 Subpart 2 ‘Emergency Response Plans’(external link)
  This includes regulations:
  • 5.7(3)(b)(external link)
  • 5.9(1)(b and c)(external link) and
  • 5.12(2)(external link)

of the Hazardous Substances Regulations

• what actions people can take to raise the alarm and call for help
• what actions will be taken to help or treat injured persons
• what actions will be taken to manage the emergency
• how the control measures can be re-established to manage the risk
• people with responsibility under the plan including:
  • their contact details
  • any skills they must have
  • any special training they need
  • actions they are expected to take.

It is a requirement of the Hazardous Substances Regulations for the ERP to be made available to all persons responsible for implementing any part of it. You should also consider sharing this plan with neighbouring sensitive uses such as maraes, schools, childcare and aged care facilities.

6.2 Emergency Services Information Summary

FENZ will respond to any 111 call related to the site involving spills (if requested), fire or injury involving fuels.

FENZ has developed a simple template for emergency information (the Emergency Services Information Summary) in a standard format that operators of refuelling sites (attended and unattended) can complete and submit to FENZ.

Operators of refuelling sites should use this template to prepare summaries for each of their sites (both attended and unattended) and submit them to FENZ.

The information in the summary will be held by FENZ against the site address and can be accessed electronically by crews on their way to an incident. It should also be readily available in hard copy at the site or readily available digitally at the site, for example by prominently displaying a QR code that links to it.

For further information on the Emergency Services Information Summary and to download the template see Emergency Services Information Summary for Service Stations(external link)

Does the summary replace an ERP?

No, preparing a summary does not exempt you from your duty to prepare and implement an ERP in accordance with the Hazardous Substances Regulations.

However, the summary can form an appendix to an ERP for the site and it will contain all the relevant information FENZ looks for when reviewing an ERP. It therefore provides an effective and efficient means of meeting the intent of the Hazardous Substances Regulations to make ERPs ‘available’ to emergency services (in respect of FENZ specifically).

FENZ retains the ability under the Hazardous Substances Regulations to review ERPs and make recommendations as appropriate.

6.3 Signage

Signage is required to ensure that members of the public respond appropriately to an incident.

Signage on site should be:

• at a prominent location (or locations) at a site so it is obvious to the public
• in text that is large enough to be readable from a reasonable distance (the public must not have to expose themselves to danger to read the sign)
• be adequately illuminated so it is legible during hours of darkness
• multilingual, if a risk assessment shows this is necessary.

Signage should include:

• instructions to contact the fuel company call centre if:
  • there is a small spill
  • a maintenance issue is identified
  • a vehicle is filled with the wrong fuel
• Instructions to call 111 if:
  • there is a fire or significant likelihood of a spill igniting
  • a customer is splashed with fuel or injured
• the phone number of the fuel company call centre
• site name and address (for the 111 Communications Centre)
• a warning not to clean up a spill.

An example of a sign is included as Figure 2 below.

Text alternative for Figure 2: Emergency procedures

Image is a list of emergency procedures.

Pump failure

• Stop using pump
• Call – (insert phone number here)

Fuel spill

• Stop using pump
• Press EMERGENCY STOP BUTTON
• Eliminate all ignition sources, stop engines, turn off mobile phones
• Do not clean up the spill
• Call – insert phone number here)

Fire

• Stop using pump
• Press EMERGENCY STOP BUTTON
• Ring 111
• Put out the fire using a fire extinguisher IF SAFE TO DO SO

You are splashed with fuel

• Stop using pump
• Press EMERGENCY STOP BUTTON
• Ring 111

Site name and address (for the 111 Communications Centre)

6.4 You must respond to an emergency

It is your responsibility to initiate and provide a physical emergency response. You must not rely on the emergency services as the primary responder.

Your responder should be able to provide advice or attend the site promptly. This responder must be competent in your emergency plan including:

• responding to a fuel spill
• the use of fire extinguishers
• access to key internal and external emergency response contact numbers
• basic first aid.

A responder who attends the site must have available the necessary equipment to respond to any credible incident. They may carry some or all of this equipment in their vehicle.

The responder will escalate the incident if necessary. This response may include calling 111.

6.5 Emergency response system

The emergency response time is likely to be slower at an unattended site because there are no trained workers on site to:

• respond to the incident quickly to prevent an escalation
• immediately call emergency services if there is a major incident
• assist customers
• facilitate evacuation.

To minimise the risks associated with the absence of workers at the site, you could have:

• a call centre supported by an agent who can respond promptly
• spill clean-up materials available for use by the responder
• signage instructing customers to evacuate to a safe place and to call 111 or the call centre.

When setting up an emergency response system for an unattended refuelling site, you should consider:

• public intervention
• the fuel company call centre
• automatic detection such as a flame or a spill
• remote monitoring.

Role of the call centre

Call centre operators should be suitably trained in their emergency function.

Call centres should refer to the ERP to:

• quickly establish the nature of any emergency and the appropriate action
• provide appropriate advice to the caller according to the scenario
• decide when to escalate the incident.

There should be emergency procedures that cover all credible scenarios.

The fuel company ERP should briefly provide information on the right escalation depending on the scenario.

Escalation options are the call centre operator:

• immediately calls the 111 Communication Centre or
• initiates an internal fuel company response.

The emergency function of the call centre should be regularly tested.

Testing of the ERP

The ERP must be tested on a regular basis with the results recorded, and the ERP amended if required. As a minimum the test should confirm:

• the pick-up time of the responder is prompt
• the competency of the responder to respond to various emergency scenarios.

Footnotes

1. Typically, a small fuel spill is one that:

• can be contained or cleaned up using the spill kit, and
• is less than 20L, and

where:

• no fuel has gone off site, and
• no fuel has entered public stormwater drains or has been discharged to groundwater soakage on site.

2. The response should be periodically tested to confirm a prompt response time and functionality of the response procedure.

3. Environmental Guidelines for Water Discharges from Petroleum Industry Sites in New Zealand, Ministry for the Environment, 1998

4. The company owning the site, typically a fuel company.

5. Controlling company is the company which has control of the site. This may differ from the owner of the facilities.

6. A hazardous area is an area where ignitable vapours may be expected to be present in such quantities as to require precautions to prevent the risk of ignition.

Appendices

Appendix 1: Example hazard and risk register

Appendix 1: Example hazard and risk register for unattended refuelling sites (PDF 51 KB)

Appendix 2: Health and Safety at Work Act duties

The Health and Safety at Work Act 2015(external link) (HSWA) is New Zealand’s key work health and safety law.

All work and workplaces are covered by HSWA unless they have been specifically excluded. For example, HSWA does not apply to the armed forces in certain situations.

HSWA sets out the work health and safety duties that duty holders must comply with.

There are four types of duty holder under HSWA:

• a person conducting a business or understanding (PCBU)
• an officer
• a worker
• an ‘other person’ at the workplace.

Most duties under HSWA relate to how work is carried out. However some duties are linked to where work is carried out: the workplace.

DUTY HOLDER: Person Conducting a Business or Undertaking (PCBU)

Who they are?

A person conducting a business or undertaking (PCBU) may be an individual person or an organisation.

The following are not PCBUs:

• officers
• workers
• other persons at a workplace
• volunteer associations that do not have employees
• home occupiers (such as home owners or tenants) who pay someone to do work around the home section 17 of HSWA(external link)

Examples

• a business
• a self-employed person
• partners in a partnership
• a government agency
• a local council
• a school or university.

What are their duties?

A PCBU has many duties. Key duties are summarised below.

Primary duty of care – section 36 of HSWA(external link)

A PCBU must ensure, so far as is reasonably practicable, the health and safety of workers, and that other persons are not put at risk by its work.

For more information see:

• Introduction to the Health and Safety at Work Act 2015
• Appendix 3 of this guidance for an explanation of ‘so far as is reasonably practicable’.

Managing risks – section 30 of HSWA(external link)

Risks to health and safety arise from people being exposed to hazards (anything that can cause harm). A PCBU must manage work health and safety risks.

• A PCBU must first try to eliminate a risk so far as is reasonably practicable. This can be done by removing the source of harm
  • for example, removing faulty equipment or a trip hazard.
• If it is not reasonably practicable to eliminate the risk, it must be minimised so far as is reasonably practicable.

For more information see:

• Identifying, assessing and managing work risks [PDF, 404 KB]
• Section 5 of this guidance

Overlapping duties: working with other PCBUs – section 34 of HSWA(external link)

A PCBU with overlapping duties must, so far as is reasonably practicable, consult, cooperate and coordinate activities with other PCBUs they share duties with.

For more information see Appendix 4 of this guidance.

Involving workers: worker engagement, participation and representation – Part 3 of HSWA(external link)

A PCBU must, so far as is reasonably practicable, engage with their workers (or their workers’ representatives) about health and safety matters that will directly affect the workers.

A PCBU must have worker participation practices that give their workers reasonable opportunities to participate in improving health and safety on an ongoing basis.

For more information see Appendix 5 of this guidance.

DUTY HOLDER: Upstream PCBU

Who they are?

A PCBU in the supply chain.

Examples

• a designer
• a manufacturer
• a supplier
• an importer
• an installer, constructor, or commissioner.

What are their duties?

Upstream PCBU – sections 39–43 of HSWA(external link)

An upstream PCBU must ensure, so far as is reasonably practicable, that the work they do or the things they provide to other workplaces do not create health and safety risks.

For more information see Introduction to the Health and Safety at Work Act 2015

DUTY HOLDER: Officer

Who they are?

A specified person or a person who exercises significant influence over the management of the business or undertaking section 18 of HSWA(external link)

Examples

• a company director
• a partner or general partner
• a chief executive.

What are their duties?

Officer – section 44 of HSWA(external link)

An officer must exercise due diligence that includes taking reasonable steps to ensure that the PCBU meets their health and safety duties.

For more information see Introduction to the Health and Safety at Work Act 2015

DUTY HOLDER: Worker

Who they are?

An individual who carries out work for a PCBU section 19 of HSWA(external link)

Examples

• an employee
• a contractor or sub-contractor
• an employee of a contractor or sub-contractor
• an employee of a labour hire company
• an outworker (including homeworker)
• an apprentice or trainee
• a person gaining work experience or on work trials
• a volunteer worker.

What are their duties?

Worker – section 45 of HSWA(external link)

A worker must take reasonable care of their own health and safety, and take reasonable care that they do not harm others at work.

A worker must cooperate with reasonable policies and procedures the PCBU has in place that the worker has been told about.

A worker must comply, as far as they are reasonably able, with any reasonable instruction given by the PCBU so the PCBU can meet their legal duties.

For more information see Introduction to the Health and Safety at Work Act 2015

DUTY HOLDER: Other person at the workplace

Who they are?

An individual present at a workplace (not a worker).

Examples

• a workplace visitor
• a casual volunteer (not a volunteer worker)
• a customer.

What are their duties?

Other person at the workplace – section 46 of HSWA(external link)

An ‘other person’ has a duty to take reasonable care of their own health and safety, and not adversely affect the health and safety of anyone else.

They must comply with reasonable instructions relating to health and safety at the workplace.

For more information see Introduction to the Health and Safety at Work Act 2015

Appendix 3: So far as is reasonably practicable

section 22 of HSWA(external link)

Certain PCBU duties (the section 36–43(external link) duties including the primary duty of care) must be carried out ‘so far as is reasonably practicable’.

What to consider when deciding what is ‘reasonably practicable’

Just because something is possible to do, does not mean it is reasonably practicable in the circumstances.

Consider:

• What possible actions can be taken to ensure health and safety?
• Of these possible actions, at a particular time, what is reasonable to do?

Think about the following questions.

What is known about the risk?

• How likely is the risk to occur?
• How severe is the illness or injury that might occur if something goes wrong?
• What is known, or should reasonably be known, about the risk?

What is known about possible control measures?

• What is known, or should reasonably be known, about the ways (control measures) to eliminate or minimise the risk?
• What control measures are available?
• How appropriate (suitable) are the control measures to manage the risk?
• What are the costs of these control measures?
• Are the costs grossly disproportionate to the risk? Cost must only be used as a reason to not do something when that cost is grossly out of proportion to the risk.

For more information, see our guidance: Reasonably practicable [PDF, 44 KB]

Appendix 4: Working with other PCBUs – overlapping duties

section 34 of HSWA(external link)

More than one PCBU can have a duty in relation to the same matter. These PCBUs have overlapping duties – this means that the duties are shared between them.

Open larger image

Duties regularly overlap:

• in a shared workplace (for example, a building site or a port) where more than one business has control and influence over the work on site.
• in a contracting chain, where contractors and subcontractors provide services to a head contractor or client and do not necessarily share the same workplace.

A PCBU must, so far as is reasonably practicable, consult, cooperate and coordinate activities with all other PCBUs they share duties with so that all PCBUs can meet their joint responsibilities.

A PCBU cannot transfer or contract out of their duties, or pass liability to another person.

However a PCBU can make an agreement with another PCBU to fulfil specific duties. Even if this occurs, all PCBUs are still responsible for meeting their legal duties.

For more information, see our guidance: Overlapping duties

Appendix 5: Worker engagement, participation and representation

Part 3 of HSWA(external link)

Engage with workers and enable their participation

A PCBU has two main duties related to worker engagement and participation:

• to engage with workers on health and safety matters that affect or are likely to affect workers, so far as is reasonably practicable, and
• to have practices that give workers reasonable opportunities to participate effectively in the ongoing improvement of work health and safety.

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A PCBU can engage with workers by:

• sharing information about health and safety matters so that workers are well-informed, know what is going on and can contribute to decision-making
• giving workers reasonable opportunities to have a say about health and safety matters
• listening to and considering what workers have to say at each step of the risk management process
• considering workers’ views when health and safety decisions are being made
• updating workers about what decisions have been made.

A PCBU must engage with workers during specified times, including when identifying hazards and assessing risks.

A PCBU must have clear, effective, and ongoing ways for workers to suggest improvements or raise concerns.

Worker representation

Workers can be represented by a Health and Safety Representative (HSR), a union representing workers, or a person that workers authorise to represent them (for example, a community or church leader, or another trusted member of the community).

HSRs and Health and Safety Committees (HSCs) are two well-established methods of participation and representation. If workers are represented by an HSR, worker engagement must also involve that representative.

For more information

WorkSafe guidance

Good practice guidelines

Worker engagement, participation and representation

Interpretive guidelines

Worker representation through Health and Safety Representatives and Health and Safety Committees

Pamphlets

Worker representation

Health and Safety Committees

Health and Safety Representatives

Appendix 6: Managing risk

Risks to health and safety arise from people being exposed to a hazard (a source or cause of harm).

A PCBU must first try to eliminate a risk if this is reasonably practicable. If it is not reasonably practicable to eliminate the risk, it must be minimised so far as is reasonably practicable.

Follow the steps below to identify, assess and manage work health and safety risks.

Step 1: Identify hazards that could give rise to work risks

With your workers, identify what could harm the health or endanger the safety of one or more workers or others (such as visitors, or bystanders).

Step 2: Assess work risks

With your workers, identify and assess the risks arising from each work hazard. Ask:

• Who might be exposed to the hazard?
• What could happen?
  • How severe could the resulting injuries be?
  • How could people’s health be affected?
  • How likely are these consequences?

Decide which risks to deal with immediately. For example, risks with potentially significant consequences such as serious injury or death, chronic ill-health, or those with a high likelihood of occurring.

Step 3: Decide how to manage each risk

With your workers, decide how to manage work risks.

Multiple control measures may be needed to deal with a given risk. Give preference to control measures that protect many workers at the same time (for example, safety barriers, safety nets).

The following hierarchy of control measures is one way of working out the most effective control measures to use.

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Text alternative for hierarchy of control measures image

The image describes control measures starting with the most effective down to the least effective. The first and most effective control measure is elimination. The rest of the control measures are about minimising the risk.

First try elimination

Eliminate risks

Remove sources of harm. For example, remove faulty equipment, noisy machines, trip hazards. 

If elimination is not reasonably practicable

Substitute

Swap with something that has a lower risk. For example, use less toxic chemicals.

Isolate

Separate people from the source of harm. For example, use safety barriers.

Apply engineering control measures

Change physical components of the plant, structure or work area (for example, machinery, tools, equipment, workplace design) to reduce or eliminate exposure to hazards. For example, use machine guards, extraction ventilation system.

If there is still risk

Apply administrative control measures

Use safe methods of work, procedures or processes. For example, create exclusion zones, pedestrian-only zones; put emergency plans in place.

If risk still remains – PPE is the last line of defence

Use personal protective equipment (PPE)

Use or wear items (including clothing) to minimise risks to personal health and safety. For example, use or wear safety glasses, protective clothing, hearing protection, respiratory protective equipment, safety harnesses.

End of text alternative.

Open larger image

First try to eliminate

First try to eliminate the risk, if this is reasonably practicable. This can be done by removing the source or cause of harm (such as faulty equipment, a noisy machine or a trip hazard).

Then try to minimise

If it is not reasonably practicable to eliminate the risk, the risk must be minimised so far as is reasonably practicable.

Minimise the risk using one or more of the following actions:

• substitute/swap with something that has a lower risk
• isolate the hazard by separating people from the source of harm
• apply engineering control measures (where physical components of the plant, structure or work area are changed to reduce or eliminate exposure to hazards).

If the risk still remains after taking one or more of the actions above, try to minimise the risk with administrative control measures (safe methods of work, procedures or processes).

If there is still risk, use personal protective equipment (PPE) to minimise the risk. PPE is the least effective control measure, and should only be used when other control measures alone cannot adequately manage the risk.

Step 4: Put control measures in place

As soon as possible after a decision is made about the control measures, a PCBU should:

• put the control measures in place
• instruct and train workers (including new workers) about the control measures, including why it is important to use them and how to apply them.

Step 5: Review and improve control measures

Control measures must remain effective, be fit-for-purpose, be suitable for the nature and duration of the work, and be used correctly.

With your workers, regularly monitor control measures to confirm that the measures are effective.

You should review control measures:

• when a new risk is identified
• when there is a change at the workplace or to the work
• when workers or their health and safety representative ask for a review
• when there is evidence that control measures may not be working effectively to manage the risk (for example, when you receive monitoring results or a report following an incident investigation).

Use guidance from WorkSafe or others (for example, industry associations) to help to identify, assess, and manage risks, and review control measures. If you need help, WorkSafe recommends getting advice from a suitably qualified and experienced health and safety professional.

For more information, see our guidance: Identifying, assessing and managing work risks [PDF, 404 KB]