Position statement on test certificates

04 april 2007

Department of Labour Position Statement on Test Certificates

• Health and Safety in Employment Act 1992 (HSE)
• Hazardous Substances and New Organisms Act 1996 (HSNO)

From 1 April 2007, a test certificate is required for all stationary containers (i.e. fuel tanks), including those on farms that meet the thresholds set under the HSNO Act.

The Environmental Risk Management Authority (ERMANZ), have advised the Department of Labour that very few test certificates have been issued to date. They also advise that currently the number of people qualified to issue test certificates is too low to meet the expected demand. Duty holders (i.e. people responsible for stationary containers) seeking to engage a test certifier may experience delays in securing their services.

This statement is to clarify the situation regarding compliance given the current test certifier environment.

In light of the above, the Department of Labour is committed to the following principles in relation to securing the safe use of hazardous substances:

1. The priority is to ensure the safety of people and the environment in relation to the transport, storage and use of hazardous substances.

2. All those with duties under the HSNO Act are expected to take all practicable steps to move to full compliance at the earliest opportunity.

3. Persons who have acted in good faith and taken all practicable steps to comply with the HSNO requirements (such as seeking to engage a test certifier) will not be penalised for failing to achieve full compliance in relation to matters beyond their control.

ENDS

You can find the Health and Safety in Employment Act at:
www.legislation.govt.nz

To the journalist: please note that health and safety services formerly referred to as Occupational Safety and Health (OSH) should now be referred to as the Department of Labour.