Part 6.3 Supply of hazardous substances

Note. See clause 7 (2) as to the extent of a supplier’s duties under this Part.

Division 1 Preliminary

154   Application

This Part applies to the supply of hazardous substances for use at work.

Division 2 Supply of hazardous substances generally

155   Supplier to provide MSDS

(1)  A person who supplies a hazardous substance to an employer for use at work must ensure, in relation to each hazardous substance supplied, that a current MSDS prepared by the manufacturer is provided:

(a)  on the first occasion the hazardous substance is supplied to the employer, and

(a1)  on the first occasion the hazardous substance is supplied following a revision of the MSDS, and

(b)  at any other time, to any person who claims to be associated with the use of the hazardous substance at work and who asks to be provided with a copy of the MSDS, and

(c)  to any medical practitioner or health practitioner who requires it for the purpose of providing emergency medical treatment.

Maximum penalty: Level 4.

(2)  Subclause (1) (a) does not apply to a hazardous substance that is supplied to a retailer or a retail warehouse operator in a consumer package holding less than 30 kilograms or 30 litres of the hazardous substance, that is intended for retail sale and that is not intended to be opened on the premises of the retailer or operator.

156   Supplier to ensure hazardous substances are labelled

(1)  A person who supplies a hazardous substance for use at work must ensure that any container of the hazardous substance is appropriately labelled.

(2)  Without limiting subclause (1), the person must ensure that any such label:

(a)  clearly identifies the hazardous substance, and

(b)  sets out the name, and Australian address and telephone numbers (including an emergency number), of the person, and

(c)  discloses the chemical name of each type I ingredient, and

(d)  discloses the chemical name of each type II ingredient or, if the identity of the ingredient is commercially confidential, its generic name, and

(e)  provides basic health and safety information about the substance, including any relevant risk phrases and safety phrases.

(3)  If the container to be labelled is so small that it is not practicable to include all the particulars referred to in subclause (2), it is sufficient if the label complies with paragraphs (a) and (b) of that subclause.

Maximum penalty: Level 3.

157   Supplier to provide other information

A person who supplies a hazardous substance to an employer for use at work must provide to the employer, on request:

(a)  any summary report (within the meaning of the Industrial Chemicals (Notification and Assessment) Act 1989 of the Commonwealth) that relates to the hazardous substance, and

(b)  any other relevant information (in addition to the information contained in an MSDS) that will assist in the safe use of the hazardous substance.

Maximum penalty: Level 2.

Division 3 Supply of carcinogenic substances—particular provisions

158   Definitions

In this Division:

notifiable carcinogenic substance means a substance of the following kind:

Substance Name [Chemical Abstract Number]

Acrylonitrile [107-13-1]
Benzene [71-43-2]—when used as a feedstock containing more than 50% of benzene by volume
Cyclophosphamide [50-18-0] (cytotoxic drug)—when used in preparations for therapeutic use in hospitals and oncological treatment facilities, and in manufacturing operations
3,3′-Dichlorobenzidine [91-94-1] and its salts (including 3,3′-Dichlorobenzidine dihydrochloride [612-83-9])
Diethyl sulfate [64-67-5]
Dimethyl sulfate [77-78-1]
Ethylene dibromide [106-93-4]—when used as a fumigant
4,4′-Methylene bis(2-chloroaniline) [101-14-4]—MOCA
2-Propiolactone [57-57-8]
o-Toluidine [95-53-4] and o-Toluidine hydrochloride [636-21-5]
Vinyl chloride monomer [75-01-4]

prohibited carcinogenic substance means a substance of the following kind:

Substance Name [Chemical Abstract Number]

2-Acetylaminofluorene [53-96-3]

Aflatoxins—except in foods where specifically permitted under the Food Act 1989

4-Aminodiphenyl [92-67-1]

Amosite [12172-73-5] (brown asbestos)—except for removal, disposal, maintenance, encapsulation and enclosure purposes and situations where amosite occurs naturally and is not used for any new application

Benzidine [92-87-5] and its salts (including benzidine dihydrochloride [531-85-1])

bis(Chloromethyl) ether [542-88-1]

Chloromethyl methyl ether [107-30-2] (technical grade which contains bis(chloromethyl) ether)

Chrysotile [12001-29-5] (white asbestos)—except when:

(a)  used for the purpose of research or analysis, or

(b)  being removed or disposed of, or being handled for storage or stored awaiting disposal, or

(c)  encountered during non-asbestos mining, or

(d)  comprising or included in an item being used for the purpose of a historical or educational display.

Crocidolite [12001-28-4] (blue asbestos)—except for removal, disposal, maintenance, encapsulation and enclosure purposes and situations where crocidolite occurs naturally and is not used for any new application

4-Dimethylaminoazobenzene [60-11-7]

2-Naphthylamine [91-59-8] and its salts

4-Nitrodiphenyl [92-93-3]

159   Supply of carcinogenic substances

(1AA)  In this clause, a reference to a prohibited carcinogenic substance includes a reference to an item that contains any form of asbestos that is a prohibited carcinogenic substance.

(1)  A person must not supply a prohibited carcinogenic substance unless:

(a)  the substance is to be used for the purpose of research or analysis, and

(b)  the person to whom the substance is to be supplied provides evidence that WorkCover has been notified, in accordance with Part 12.3, of the intention of that person to use the same type of carcinogenic substance.

(1A)  In addition, supplying chrysotile (white asbestos) does not contravene subclause (1) if the only purpose of the supply is:

(a)  so that it may be removed or disposed of, or

(b)  so that it may be stored awaiting disposal, or

(c)  so that it may be used for the purpose of a historical or educational display.

(1B)  Subclause (1) does not apply to a supply of chrysotile (white asbestos) encountered during non-asbestos mining.

(2)  A person must not supply a notifiable carcinogenic substance unless the person to whom the substance is to be supplied provides evidence that WorkCover has been notified, in accordance with Part 12.3, of the intention of that person to use the same type of carcinogenic substance.

Maximum penalty: Level 4.

160   Supplier to keep records of supply of carcinogenic substances

(1)  A person who supplies a prohibited or notifiable carcinogenic substance for use at work must keep a record containing the following information:

(a)  the name of the person to whom the carcinogenic substance has been supplied,

(b)  the name and quantity of the carcinogenic substance supplied.

This clause does not apply to the supply of a prohibited or notifiable carcinogenic substance within the period of 12 months after commencement of the clause.

(2)  The record must be retained for at least 5 years.

Maximum penalty: Level 3.