The Ministry of Business Innovation and Employment is currently seeking feedback on an exposure draft of the proposed Health and Safety at Work (Hazardous Substances) Regulations 2016 (the Regulations). The use of hazardous substances and the risks they pose to health in the work context are currently regulated under the Hazardous Substances and New Organisms Act 1996. The Regulations, once in their final form, will form part of the new Health and Safety at Work Act 2015, which comes into force on 4 April 2016. Some of the key aspects introduced by the Regulations include:
- general duties of a Person Conducting a Business or Undertaking (PCBU) relating to risk management of hazardous substances;
- compliance certificates and qualifications for approved handlers of hazardous substances;
- emergency response plans, and emergency response management for PCBUs; and
- duties of PCBUs to provide information, instruction, supervision, and training.
Companies in the business of dealing with hazardous substances will need to think about how the proposed Regulations will potentially affect them, and how they will go about integrating the new management plans into their day-to-day business conduct.