(1) An application may be made to the manufacturer of a hazardous substance for the disclosure of the chemical identity of any ingredient of the substance that is not disclosed by the MSDS or label for the substance.(2) The manufacturer may require the application to be made in writing and to set out details of the grounds on which it is made.(3) The manufacturer must respond to the application within 30 days after it is received.
Maximum penalty: Level 2.(4) The manufacturer may make it a condition of the provision of any information in response to an application (other than an application by an authorised official within the meaning of section 137 of the Act) that the applicant sign a written undertaking that he or she will only use the information for the purpose for which it has been provided.(5) In the case of an application made by WorkCover, an employer or an employee or by a representative of an employer or employee, the manufacturer must disclose the chemical identity of the ingredient to the applicant if the application is made for the express purpose of protecting the health of persons who may be exposed to the hazardous substance through its use at work. However, if a condition has been imposed under subclause (4) in connection with the disclosure, the manufacturer may refuse the application if the applicant has not signed a written undertaking in accordance with the condition.
Maximum penalty: Level 3.(6) In any other case, the manufacturer may either disclose the chemical identity of the ingredient or else reject the application.(7) If the manufacturer rejects the application, the manufacturer:(a) must provide the applicant with written reasons for the rejection, and(b) must provide such information as is necessary to satisfy the grounds on which the application is made without disclosing the chemical identity of the ingredient.
Maximum penalty (subclause (7)): Level 2.Note. Section 137 of the Act prohibits the disclosure by authorised officials of information obtained in connection with the administration or execution of the Act. “Authorised official” is defined in the section and includes such persons as WorkCover inspectors and authorised representatives of industrial organisations.