Approved Filler License - legislation

One of the roles of Refrigerant License New Zealand (RLNZ) is to ensure that there is a better understanding about Hazardous Substances and New Organisms Act 1996 (HSNO) requirements and the risks of releasing harmful refrigerants into the atmosphere.

RLNZ was part of the industry’s response to the Tamahere cool store disaster, when it was revealed that there was widespread ignorance of the regulations, and that many unqualified people were carrying out unsatisfactory work, often in direct contravention of the Compressed Gas and other regulations.

In the IRHACE Industry Journal for April, RLNZ’s article on “Why do I need a Filler’s License” has received a large number of enquiries concerning the need to have a fillers license.

Why do we need a license?

On the 4 April 2016, New Zealand Parliament created the regulation “Health and Safety at Work (General Risk and Workplace Management) Regulations 2016”.

Under section 9, page 6:

Duty to provide information, supervision, training, and instruction

(1) A PCBU must ensure, so far as is reasonably practicable, that every worker who carries out work of any kind, uses plant of any kind, or deals with a substance of any kind that is capable of causing a risk in a workplace—

(a) either—

(i) has adequate knowledge and experience of similar places, and work, plant, or substances of that kind, to ensure that the worker carrying out the work, using the plant, or dealing with the substance is not likely to adversely affect the health and safety or cause harm to the worker or any other person; or

(ii) is adequately supervised by a person who has that knowledge and experience; and

(b) is adequately trained in the safe use of

(i) all plant, objects, substances, or equipment that the worker is or may be required to use or handle; and

(ii) all personal protective equipment that the worker is or may be required to wear or use.

Read here for further definitions

Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13) (as at 01 December 2020) – New Zealand Legislation

Health and Safety at Work (Hazardous Substances) Regulations 2017

New Zealand Parliament created the Health and Safety at Work (Hazardous Substances) Regulations 2017 on 26th June 2017.

As a means of a control measure that is a method of work, process, or procedure designed to minimise risk when dealing with Hazardous substances.

Under Section 15 – 15.64 – 15.66, pages 347-348.

15.64 Restriction on persons who may charge gas containers

(1) A PCBU with management or control of a workplace must ensure that no person at the workplace charges a gas container unless —

(a) the person is an approved filler; or

(b) the person —

(i) is undertaking a course of instruction or other training to become an approved filler; and

(ii) is supervised at all times by an approved filler while charging the container.

(3) A PCBU who contravenes this regulation commits an offence and is liable on conviction,

(a) for an individual, to a fine not exceeding $6,000:

(b) for any other person, to a fine not exceeding $30,000.

15.65 Approved fillers

(1) A person must not carry out a duty of an approved filler under this subpart unless the person holds an approved filler certificate that is issued by a compliance certifier who is authorised to certify the competence of approved fillers.

(2) An individual who contravenes this regulation commits an offence and is liable on conviction to a fine not exceeding $2,000.

15.66 Compliance certificate for approved fillers

(3) The certificate may specify its end date (no later than 5 years after issue).

Periodic tests

Schedule 22 of the Health and Safety at Work (Hazardous Substances) Regulations 2017 states: All other cylinders including refrigeration cylinders have a maximum test period of 5 years. These intervals relate to periods beyond which a person must not charge a cylinder unless that cylinder has been inspected and tested.

15.56 Periodic tests

(1) A PCBU with management and control of a workplace must ensure that no person charges a cylinder at the workplace unless the cylinder has passed the tests referred to in subclause (2), or the inspections and tests referred to in regulation 15.3(1)(b)

(3) A PCBU who contravenes this regulation commits an offence and is liable on conviction, (a) for an individual, to a fine not exceeding $6,000: (b) for any other person, to a fine not exceeding $30,000.

Read here for further definitions

Health and Safety at Work (Hazardous Substances) Regulations 2017 (LI 2017/131) (as at 05 January 2022) Contents – New Zealand Legislation

Breaches of Legislation

Worksafe receives a large amount of information about harm, or the risk of harm. This comes in a number of different ways, for example: notifications, complaints or repor ts of concern, our own intelligence, or an inspection.

This harm, or the risk of harm, can be the result of a single event, a pattern or a series of events, a precursor event or a near miss. Because of the large amount of information we receive, we are deliberate in choosing when we will, and won’t, investigate. Even if it’s a matter within our remit, we won’t necessarily investigate. We start by applying “When we intervene” and this helps us decide if the matter is something we could investigate.

Further information

More information can be found on the Worksafe website under “Guide to Gas cylinders”

Read here for further definitions

WKS-4-Hazardous-substances-guide-to-gas-cylinders.pdf (worksafe.govt.nz)