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Hazardous Substance Strategy: Volume One

Foreword

Executive Summary

1 Introduction

2 Streamlining the Hazardous Substance Application Process

3 Improving how Controls are Communicated

4 Compliance and Enforcement

5 Regulatory Impact Statement - Data Collection

6 Having Your Say

Glossary

3 Improving how Controls are Communicated

The application of controls to hazardous substances is the key to achieving the purpose of HSNO in protecting the environment and the health and safety of people and communities by preventing or managing the adverse effects of hazardous substances. It is these controls on packaging, labelling and storage, for example, that reduce the likelihood of any adverse event and, should one occur, reduce the potential damage.

The HSNO control regulations allocate the controls that apply to hazardous substances of a given hazard classification. Experience shows that the controls are appropriate - in other words, the level of performance specified is appropriate. However, it has also become clear that it is difficult for users to understand exactly what is required of them from the regulations alone.

This chapter discusses a new tool - standardised sets of controls - to allow ERMA to more effectively communicate to users what they need to do to comply with HSNO. This proposal nicely complements the group standard proposal described in section 2.4.

3.1 How the controls work now

The controls are drawn from the regulations. The HSNO regulations are different from those under the now outdated laws in that they:

• define the default requirements that apply to a substance according to its hazard classification
• give a general outline of the outcomes to be achieved, rather than stipulating what must be done
• are organised by the function they perform (eg, containment, managing emergencies) rather than by the means by which they may be implemented (eg, labels), or the site where they are to be implemented (eg, dangerous goods workrooms).

Industry has indicated that in order to make the regulations user-friendly for those implementing them, they would be better communicated as sets of requirements relating to the way they are implemented (eg, labels for workrooms). These should also be directly related to the particular activity being carried out.

The Act provides for industry to prepare and put forward codes of practice that can become their approved means of meeting the controls on their particular substances. At this stage, few of these have been prepared or approved, largely due to the fact that the transfer of many substances to HSNO controls has not yet occurred. While these codes of practice may be practicable for major industries, smaller businesses are unlikely to have the time or expertise to compile effective codes of practice. The proposed standardised sets of controls would be particularly useful for these sectors.

3.2 Proposal for ERMA to issue standardised sets of controls

1. The proposal for standardised sets of controls can be described as follows.ERMA would assemble controls into sets (packages), taking into account:
   - the HSNO regulations
   - the possibility of variations to these controls based on the criteria set out in HSNO Act
   - the possibility of drawing on controls from other jurisdictions as provided for in the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act, which came into force in March 2004.
2. The packages would relate to the means of implementing the controls rather than the function the controls perform, such as putting together into one package all the requirements that have to be on a label - whether they are emergency phone numbers or product identification information.
3. ERMA would outline the requirements for groups of substances (products) as they apply to particular users or sectors, such as car painters, drycleaners, printers, stock and station agents or horticulturalists.
4. The controls listed in the packages would generally outline exactly what needs to be done to meet the requirements of the relevant regulations. They would therefore be more prescriptive and less flexible than the controls in the HSNO regulations. If an industry prefers to develop its own code of practice using the performance-based regulations, rather than complying with the more prescriptive standard, then they will still have that ability.

Currently, ERMA establishes controls for a new substance when granting an application, using the regulations as provided for under section 77 of the Act. ERMA applies HSNO controls to existing substances via the transfer process. In both the new application and transfer cases, interested parties are given the opportunity to make submissions to ERMA on the application or the transfer controls. We propose that the public also have a say in the process when ERMA establishes the standardised control sets for group standards.

We propose that the standardised sets of controls would be deemed a regulation for the purposes of the Regulations Review Committee and would have the legal status of controls under the Act.