Notification of refusal to issue a compliance certificate

May 2, 2023


You may be aware that compliance certifiers are required by Regulation 6.23 of the Health and Safety at Work (Hazardous Substances) Regulations to notify both the PCBU and WorkSafe if the certifier considers that the requirements for certification have not been met.

The regulations do not provide a timeframe for this, and the Performance Standard* had required that certifiers had a process for notifications.  Following an independent review into the notification processes commissioned by WorkSafe a number of recommendation were made, and one outcome is an update in the performance standard.

The updated performance standard came into force on 1 May 2023, and this now specifies that the “compliance certifier should, within 15 working days, notify both the applicant and WorkSafe of the refusal and the reasons for the refusal”.

You will receive clear information from your certifier regarding the status of your certification, and what information is needed so that the certifier can make their assessment.  We’ll also let you know when we need to have the information by before notification is necessary.  The notification form allows for explanatory information to be included, and also allows identification of situations that are considered to require urgent attention from WorkSafe.  WorkSafe will triage notifications received and make an assessment of what actions (if any) are required.

This also a timely reminder to be prepared for you compliance certification inspection – we are verifying matters that should always be compliant (a bit like your WOF, you don’t wait for the WOF to change your bald tyres).  Have a look through your previous compliance report, and undertake corrective actions promptly.

For more information you can see the WorkSafe website, or contact your certifier.

*Performance standards are further standards that compliance certifiers are required (by Regulation 6.42) to follow when undertaking their function as compliance certifiers.  WorkSafe audits certifiers to these standards as well as the requirements of the regulations.  They are not intended to add additional requirements for the PCBU to comply with, but ensure that there is consistency across the processes and interpretations that certifiers use.

Click below to see how Chemsafety can help you with your hazardous substance requirements.