evatech

Safety Management Services
Nelson, New Zealand

Issue 83. Sept/Oct 2010

By Bruce Evans, Evatech, Nelson.

Last time I talked about the slow uptake of the HSNO Act and its reliance on the voluntary process to achieve compliance. I cannot help thinking it’s a bit like hand-held cell phone use in motor vehicles.

The ban on hand-held cell phones in cars is seen as sensible by most and there was initially very good uptake of the ban in the face of well-publicised police enforcement. But now it seems old habits are returning particularly with drivers trying to text and drive at the same time.

There does seem to be a relationship between fear of prosecution, chances of being caught and bad compliance activity.

Is it possible that poor HSNO uptake is also rooted in the same ‘chances of not being caught’ syndrome?

A common feeling pervades the whole rural chemical industry: very few have actually seen HSNO policemen, thus no prosecutions are taking place. Maybe if I to keep my head down for even longer HSNO may go away completely…

An example of the prevalent HSNO compliance malaise is Approved Handler renewals. Many observers, including polytechs, trainers and ERMA, wonder just how many rural chemical users and suppliers will even bother to renew their AH Certificates.

Approximately 35,000 AH Certificates need renewal and many who hold those certificates are saying "I haven’t needed this for five years, thus it’s not worth renewing."

Many never needed their AH Certificates to begin with, because the chemicals they use are not toxic enough to trigger a requirement for them.
Farmers completed Growsafe and Farmsafe because of fear of the unknown; the fear that they will not be able to buy their usual weedkiller, and the heavy publicity about the consequences. Ready availability of cheap or free training made it easy to do a local AH course, and head off the industry’s ‘No Certificate No Sale’ publicity.

Some also thought they were doing the right thing and reported actually learning something useful at their course. Maybe they are the same people who also put their cell phone out of reach when they are driving.

Further evidence of the low fear of HSNO compliance penalties can be found rather surprisingly in agrichemical supplier stores.

Even some of the most proactive, HSNO compliant suppliers have changes in staff and incur systems break-downs which I stumble upon in my annual renewal checks for Location Certificates.

Recently I had to remind a supplier that it is not okay to store Class 8 corrosive dairy cleansers in the same cabinet set up as a dedicated Class 5 oxidiser store.

Another reminder? Why the secure area set up for Tracked toxic substances needs to be kept secure in the presence of customers and their children.

The common response in these and numerous other cases is: ‘What’s the problem? That’s the way the competition does it down the road, and I don’t see them being penalised.’

As I said last time, in the absence of obvious enforcement presence, an unhealthy contempt for compliance builds up to the point where bad work practice becomes acceptable because that’s the way its been done for years.

In Taranaki, where there is proactive enforcement for HSNO, an agrichemical supplier recently had by fate two compliance visitors in the same week. First, a visit from myself renewing a Location Certificate and then a spot inspection by the Regional Council assessing HSNO compliance.
The HSNO Enforcement Officer issued a positive inspection notice under Section 332 of the RMA and Section 103 of the HSNO Act after asking about spill containment in the yard and staff training; he also inspected their spill kits and asked about their location certificates etc.

The Taranaki retailer was pleased my visit came first and he confidently forewarned other branches that his branch had passed the HSNO spot check with no problems as a result.

This group of retailers has recognised the benefits of organising their compliance in a planned and coordinated fashion. They’ve also experienced a real live HSNO policeman at work, and because they were organised, it wasn’t that bad.

As one branch manager explained, it was a bit like the comfortable feeling of knowing your car’s compliance is up to date when stopped at a Police roadside check for WOF’s, registration, driver licences etc.