(2) the wind speed and direction every hour during periods when passive ventilation of methyl bromide desorbing from logs occurs; and
(3) for each monitoring location, individual exposure level values, and 1-hour, 24-hour and annual average exposure levels; and
(4) for each monitoring location, the substances measured by the monitoring equipment, and the equipment’s limit of detection for each substance.
Monitoring with recapture technology
If recapture technology (as defined in this approval) is used, in addition to Health and Safety at Work (Hazardous Substances) regulation 14.35(2), the supplementary data required to be collected and kept by the PCBU, as defined in section 17 of the Health and Safety at Work Act 2015, is–
(1) replace references in regulation 14.35(2) to “application and recapture” with “application, recapture, and ventilation”, and “applied and recaptured” with “applied, recaptured, and ventilated”; and
(2) the amount of methyl bromide in the enclosed space’s head space at the end of the fumigation phase; and
(3) the amount of methyl bromide in the enclosed space’s head space at the end of the recapture phase; and
(4) the wind speed and direction every 3 minutes at the location during active ventilation; and (5) the wind speed and direction every hour during periods where non-active ventilation occurs;
and
(6) for each monitoring location, individual exposure level values, and 1-hour, 24-hour and annual average exposure levels; and
(7) for each monitoring location, the type, substances measured, limit of detection, and location of the monitoring equipment used to record the exposure levels.
Submitter’s proposals
13.106 BOPRC submission highlighted several issues that the council has with the monitoring reports provided to them by an operator. They provided a list of suggested improvements to the methyl bromide monitoring, recording, and reporting requirements that they would like to see set nationally (in addition to those presented in paragraph 13.88).
As the quantity of methyl bromide recaptured does not count towards the reporting threshold, there could be a significant under-reporting of the amount of methyl bromide used. The threshold should apply to an applicator to avoid fumigators moving around the country to different sites to keep under the quantity threshold.
There should be a requirement to report readings made in compliance with WES values.
The number of times that the TEL is exceeded must be reported currently but not the actual level of exceedance, the source etc, leaving them little opportunity to interrogate the
information and to learn and introduce improvements over time.
Clause 6(3), ie HSW (HS) regulation 14.38(3), implies that a fumigator has some sort of right to exclude non-occupational bystanders from public open space, which they consider incorrect as appropriate buffer zones should protect public rights.
Regional councils should be included in the list of agencies to be notified of ship hold fumigations.
Requirement to notify adjacent landowners should still apply if the new recapture definition is accepted.
A fumigation operator does not confer the right to annex public open space as implied by clause 12(1) and fumigation must be conducted so that non-occupational bystanders can exercise their rights to access public open space without being exposed to unsafe level of methyl bromide.
13.107 As previously noted, at the time of writing their submission Northland Regional Council did not set site specific controls as they considered that methyl bromide controls are best set at a national level (see paragraph 13.61).
WorkSafe comments
13.108 WorkSafe note that the requirements in the HSW (HS) regulations for recording and reporting exposure levels would not apply if recapture technology was implemented.
13.109 They also note that the annual monitoring reporting threshold does not include methyl bromide which has been recaptured.
13.110 WorkSafe recommend keeping the reporting and record keeping requirements in place as if recapture is not used.
Discussion
13.111 The concerns raised by BOPRC relate to the ability of regulators to monitor the compliance of fumigators with the TEL values at the edge of buffer zones. They are asking for clarification of some of the requirements, with changes to others.
13.112 The 2010 DMC considered operators would be continuously and proactively calculating the 24-hour and annual average exposure level for comparison against the relevant TEL, so that those operators can make appropriate risk management decisions so that these values are not
exceeded. The DMC also acknowledged that running 1-hour and 24-hour averages must be reported.
13.113 Only reporting the annual average of the exposure levels became a mandatory control for all fumigation sites, with the 1-hour and 24-hour exposure levels only required to be reported if the relevant TEL was breached.
13.114 As operators already have to collect monitoring data to be able to calculate 1-hour, 24-hour and annual exposure averages, it is considered that proactively providing this information to regulatory agencies is unlikely to pose a significant increase in regulatory burden. This information would provide useful information to those agencies performing oversight of these activities.
13.115 The request from BOPRC for those neighbouring a fumigation event to still be notified of that fumigation, even if recapture is to be used, would still be required under the HSW (HS) regulation 14.7(2)(b), as part of “every other person who may be affected by the fumigation”.
13.116 We consider it appropriate to include requirements to notify neighbouring marae of methyl bromide fumigation activities to support their ability to exercise kaitiakitanga.
13.117 In addition, it is important that the recommended extra monitoring information is reported upon too.
Staff recommendation
13.118 The above discussions are incorporated into the following recommended controls, which would be set under section 77A of the HSNO Act (in addition to those recommended in paragraph 13.101):
Record of exposure levels
In addition to Health and Safety at Work (Hazardous Substances) regulation 14.36(2), the PCBU, as defined in section 17 of the Health and Safety at Work Act 2015, must–
(1) notify the relevant regional council in addition to WorkSafe and the relevant medical officer of health as soon as practicable but within 24 hours if a TELair value is exceeded
(2) include in the notification: the source of that exceedance, the exposure value(s) that exceed the appropriate TELair value, and the individual monitoring values that were used to generate that average exposure value.
Annual reporting – TEL breach
In addition to Health and Safety at Work (Hazardous Substances) regulation 14.37(3)(i), if a breach of a TELair value has occurred then the annual monitoring report must contain–
(1) the source of that breach; and
(2) the exposure value(s) that exceed the appropriate TELair value; and
(3) the individual monitoring values that were used to generate that averaging time exposure value for comparison with the TEL.
Annual reporting – monitoring data
In addition to Health and Safety at Work (Hazardous Substances) regulation 14.37(3)(d), the annual monitoring report must contain the substances measured by the monitoring equipment, and the equipment’s limit of detection for each substance.
Notification of fumigation
In addition to Health and Safety at Work (Hazardous Substances) regulation 14.7(2)(b), the PCBU, as defined in section 17 of the Health and Safety at Work Act 2015, must notify the following persons of the PCBU’s intention to carry out fumigation:
(1) the relevant regional council; and
(2) neighbouring marae and other Māori facilities.
For the purposes of Health and Safety at Work (Hazardous Substances) regulation 14.8(1), the PCBU must ensure that the parties in (1) and (2) are notified not less than 24 hours before the start of the fumigation.