Phillip Crisp and Eva Crisp Time of change: new laws, risk assessments, GHS and labelling in the laboratory Phillip Crisp and Eva Crisp

Pike River, 19 Nov 2010 29 people died Royal Commission on the Pike River Coal Mine Tragedy found: numerous warnings of a potential catastrophe 21 reports of methane levels reaching explosive volumes warnings were not heeded directors did not ensure that health and safety was being properly managed Department of Labour did not have the focus, capacity or strategies to ensure that Pike was meeting its legal responsibilities under health and safety laws drive for coal production before the mine was ready, created the circumstances within which the tragedy occurred [Commission Report (Oct 2012), Vol 1, Snapshot, p.12]

Reform Commission found: New Zealand has a poor overall health and safety record compared with other advanced countries Major change required and fast Legislative, structural and attitudinal change is needed if future tragedies are to be avoided Government, industry and workers need to work together That [reform] would be the best way to show respect for the 29 men who never returned home on 19 November 2010, and for their loved ones who continue to suffer [Commission Report (Oct 2012), Vol 1, p.29-35]

Outcome Worksafe New Zealand (created Dec 2013) - enthusiastically working to improve safety Health and Safety at Work Act 2015 - based on Safe Work Australia “Model Work Health and Safety Act” Health and Safety at Work (Hazardous Substances) Regulations 2017 - commence 1 Dec 2017 . . . . . .

Health and Safety at Work Act 2015 30 Management of risks (1) A duty imposed on a person by or under this Act requires the person— (a) to eliminate risks to health and safety, so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable. (2) A person must comply with subsection (1) to the extent to which the person has, or would reasonably be expected to have, the ability to influence and control the matter to which the risks relate. Compare: Model Work Health and Safety Act (Aust) s 17

PENALTIES Duties are imposed, in particular, on the "Person conducting a business or undertaking" or PCBU Maximum penalties for individuals, specified in Subpart 4 - Offences relating to duties, are: Section 47: Offence of reckless conduct in respect of duty not a PCBU: maximum $300,000 or imprisonment for 5 years or both PCBU: maximum $600,000 or imprisonment for 5 years or both

St Kentigern College, 7 Apr 2016 Two students had their throats cut with a razor during a school production of the play Sweeney Todd WorkSafe New Zealand accepted an Enforceable Undertaking in which the St Kentigern Trust Board has accepted full responsibility for the incident and the harm which was caused as a result committed to a restorative justice process with the victims of the offending, including the payment of reparation as an outcome taken steps to improve health and safety within the wider education sector, through development of health and safety guidelines and the building and delivery of training, for the benefit of schools nationwide

Health and Safety at Work (Hazardous Substances) Regulations 2017 PCBU for a school laboratory must ensure laboratory manager with knowledge and skills every person handling hazardous substances has the required information control access, signage, spill cleanup, . . . hazardous substances handled, packaged, stored according to Class inventory of hazardous chemicals labelling of all hazardous chemicals . . . . . . Commencement: 1 Dec 2017

Repeal and replacement Hazardous Substances and New Organisms Act (HSNO) to be repealed on 1 Dec 2017 No more Code of Practice (COP) for School Exempt Laboratories Safe Methods of Use (SMUs) Ministry of Education (MOE) Forbidden chemicals “. . . will be replaced with equivalent guidance from WorkSafe on what you need to do to be compliant”

GHS Internationally agreed system (UN, esp. Europe) Classification of - physical hazards, e.g. flammability - health hazards, e.g. carcinogenicity - environmental hazards, e.g. acute aquatic toxicity Labelling* with - 9 new hazard pictograms - signal words - hazard statements - precautionary statements Safety Data Sheets (SDSs) with - updated & more extensive information * for original containers

“Hazardous substance held in small containers” Label for a “Hazardous substance held in small containers” must provide the following information: • the identity of the substance • if diluted, the concentration of any hazardous substance present • a warning of the hazardous properties of the substance [Health and Safety at Work (Hazardous Substances) Regulations 2017, Part 18, Section 9(4)]

Advantages of risk assessments • reduced frequency of injuries - to students - to school staff • reduced costs for paperwork, litigation and payouts • compliance with the law • helps maintain variety of chemicals and equipment

Advantages of a formalised system • proper consideration of risks and control measures • standardisation • storage of records for legal purposes • communication between teachers and laboratory technicians • discourages spur-of-the-moment experiments • useful for new/inexperienced staff

Conclusion • NZ is rapidly creating a safety culture: 2010 Pike River Mine tragedy 2012 Commission report 2013 WorkSafe NZ 2015 HSW Act 2017 HSW Regulations • Determination to improve safety is evident • NZ is “showing respect” for the 29 Come to the 2 hour Workshop on RiskAssess: Improve safety and save time!

What is RiskAssess? Easiest way to achieve compliance with the new legislation • web-based risk assessment tool • customised to the school situation • provides - electronic templates (NZ/ISO) - database information on risks (chemical, equipment, biological) - equipment ordering/lab scheduling - labelling (GHS) • easy sharing of experiment templates • 100 schools in NZ use it (1500 in AU)