Part 6A.3Part 6A.3 Obligations of occupiers
In this Part:controller of dangerous goods premises means the controller of premises at or in which dangerous goods to which section 135A of the Act applies are stored or handled.
controller of premises includes:
(a) a person who has only limited control of the premises concerned, and(b) a person who has, under any contract or lease, an obligation to maintain or repair the premises concerned.occupier means the following:
(a) if dangerous goods are stored or handled at an employer’s place of work—the employer,(b) a controller of dangerous goods premises.
Division 2 Hazard identification and risk assessment
174O Duties in relation to dangerous goods
(1) An occupier must ensure that all persons (including members of the public) are not exposed to risks to their health and safety arising from dangerous goods at the occupier’s premises.Maximum penalty: Level 4.
Note. Other general laws and specific legislation may provide that occupiers have obligations with regard to dangerous goods that relate to risks to property or the environment, both inside and beyond the premises of the occupier, arising from those goods.(2) Nothing in this clause is to be construed:(a) as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of this clause, or(b) as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.Note. Section 10 (2) of the Act provides that person who has control of any plant or substance used by people at work must ensure that the plant or substance is safe and without risks to health when properly used.
174P Extension of hazard identification and risk assessment provisions
(1) Division 1 (General duties of controllers of premises) of Part 4.2 of Chapter 4 of this Regulation extends to controllers of dangerous goods premises (regardless of whether or not the premises are a place of work or are used for work).(2) A reference in Chapter 2 (Places of work—risk management and other matters) and Division 1 (General duties of controllers of premises) of Part 4.2 of Chapter 4 of this Regulation to occupational health and safety (however expressed) includes, where the hazard concerned is a hazard that arises from dangerous goods, a reference to public health and safety.(3) For the avoidance of doubt:(a) when complying with clause 11 or 36, an occupier, when considering how to control a risk associated with the storage and handling of dangerous goods (where it is not reasonably practicable to eliminate the risk), must control the risk by taking the measures set out in clause 5, and(b) clauses 6 and 8 apply in relation to duties and responsibilities of occupiers and other persons at dangerous goods premises that are not places of work.
(1) An occupier must review each risk assessment conducted for the purposes of clause 10 or 35 at the times required by clause 12 or 37, but in any case each risk assessment must be reviewed at least once every 5 years.(2) The occupier must:(a) if the occupier is an employer, make a record of each risk assessment and any review of a risk assessment by:(i) making a notation in the register of dangerous goods kept under clause 174ZW if no specific measures are necessary to control the risks associated with the storage or handling of dangerous goods, or(ii) preparing a report on the risk assessment if specific measures are necessary to control the risks associated with the storage or handling of the dangerous goods, and(b) if the occupier is not an employer, make a record of each risk assessment and any review of a risk assessment, and(c) keep a copy of that record while the risk assessment is current or being reviewed.Maximum penalty: Level 4.
Division 3 Particular risk control measures
Subdivision 1 Stability and interaction with dangerous goods
174R Stability of dangerous goods
(1) An occupier must ensure, so far as is reasonably practicable, that the dangerous goods at the occupier’s premises do not inadvertently become unstable, decompose or change so as to:(a) create a hazard that is different from the hazard originally created by the dangerous goods, or(b) increase the risk associated with the dangerous goods.Maximum penalty: Level 4.
(2) Without limiting subclause (1), the occupier must ensure that:(a) if the stability of the dangerous goods is dependent on the maintenance of levels of stabilisers, those levels are maintained as specified by the manufacturer of the dangerous goods, and(b) if the dangerous goods are required to be stored or handled with a particular temperature range specified by the manufacturer, they are stored or handled within that temperature range.(3) Subclause (2) does not apply in relation to dangerous goods that are about to be used in a manufacturing process.(4) In this clause, stabiliser means any substance (including any diluent, inhibitor, desensitiser, phlegmatizer, solvent, wetting agent or adulterant) added to, or present in, dangerous goods that overcomes the chemical instability inherent in the dangerous goods.
174S Separation of dangerous goods
(1) Without affecting the generality of clauses 11 and 36, an occupier must ensure that the risk to other dangerous goods storage or handling areas and to persons and property at or beyond the premises that arises from an incident involving dangerous goods:(a) is eliminated, or(b) if it is not reasonably practicable to eliminate the risk, is controlled so far as is reasonably practicable by separation.Maximum penalty: Level 4.
(2) In this clause, separation, in relation to the separation of dangerous goods from a person, property or thing, means the physical separation of the dangerous goods from the person, property or thing, by either distance or a physical barrier.
174T Preventing interaction with other substances
An occupier must ensure that dangerous goods on the occupier’s premises that are not compatible with other substances (including other dangerous goods) are stored or handled separately from the other substances so that a loss of containment or any other interaction cannot cause a serious incident.Maximum penalty: Level 4.
174U Ignition sources in hazardous areas
(1) An occupier must ensure that ignition sources in any hazardous area within the occupier’s premises:(a) are eliminated, or(b) if it is not reasonably practicable to eliminate those ignition sources, the risk arising from those sources is controlled.Maximum penalty: Level 4.
(2) An occupier must identify any hazardous area that is within, or arises as a result of dangerous goods stored or handled at, the occupier’s premises.Maximum penalty: Level 4.
An occupier must ensure that any risk produced by atmospheric emissions from dangerous goods that are toxic, corrosive, flammable, explosive or asphyxiant:(a) is eliminated, or(b) if it is not reasonably practicable to eliminate the risk, is reduced so far as is reasonably practicable.Maximum penalty: Level 4.
Note. The obligation imposed by this clause is in addition to any obligations under Division 5 of Part 4.3 of Chapter 4.
174W Preventing contamination of food and personal products
An occupier must ensure that dangerous goods on the occupier’s premises cannot contaminate food, food packaging or personal use products.Maximum penalty: Level 4.
174X Containers for dangerous goods in bulk
An occupier of premises at which dangerous goods in bulk in a container are present must ensure that:(a) the container and any associated pipework are provided with stable foundations and supports, and(b) any pipework or equipment connected to the container is installed so as to prevent excessive stress on the container, pipework or equipment, and(c) the container and any associated pipework are protected from deterioration.Maximum penalty: Level 4.
(1) An occupier must ensure that, in each place at the occupier’s premises where dangerous goods are stored or handled, provision is made for containment of spills or leaks so as:(a) to eliminate the risk from any spill or leak of dangerous goods, or if it is not reasonably practicable to eliminate the risk, reduce it so far as is reasonably practicable, and(b) so far as is reasonably practicable, to contain safely within the premises the dangerous goods that have been spilled or leaked and any effluent arising from an incident.(2) In the case of dangerous goods containment, any area or receptacle intended to contain spills or leaks must not be shared with any other substances, including other dangerous goods, that are not compatible with the dangerous goods to be contained.(3) In the event of a spill or leak of dangerous goods, the occupier must ensure that:(a) immediate action is taken to reduce any risk associated with the spill or leak so far as is reasonably practicable, and(b) the dangerous goods and any resulting effluent are, as soon as reasonably possible, cleaned up and disposed of or otherwise made safe.Maximum penalty: Level 4.
174Z Transfer of dangerous goods
(1) An occupier must ensure that any risk associated with the transfer of dangerous goods within, to or from the occupier’s premises is eliminated, or if it is not reasonably practicable to eliminate the risk, is controlled so far as is reasonably practicable.(2) In eliminating or controlling a risk in accordance with subclause (1), the occupier must, as relevant, have regard to:(a) the need for measures to:(i) control spills and leaks, and(ii) minimise static electricity, and(iii) control vapour generation, and(b) the suitability of pipework, attachments and associated safety systems at the premises with the risk elimination or control measures proposed.Maximum penalty: Level 4.
An occupier must ensure, as far as is reasonably practicable, that any containers, pipework, attachments, equipment containing, or associated with, of dangerous goods on the occupier’s premises are protected from physical damage resulting from activities in or on the premises, including impacts, imposed loads and mechanical stress.Maximum penalty: Level 4.
Subdivision 2 Preparedness for emergencies
(1) An occupier must ensure that:(a) the occupier’s premises are provided with a fire protection system that:(i) has been designed and constructed having taken account of any risk assessment of the premises, and(ii) is designed and constructed to take account of:(A) the types and quantities of dangerous goods and the conditions under which they are stored and handled, and(B) other materials and substances that make up the premises or are stored or handled at the premises, and(iii) is compatible with the dangerous goods and the other materials and substances and is effective in the control of incidents involving the types and quantities of dangerous goods and other materials and substances, and(b) the fire protection system is:(i) properly installed, tested and maintained, and(ii) at all times accessible to persons on the premises and to the relevant emergency services, and(iii) capable of being used, without adaptation or modification, with the equipment used by the New South Wales Fire Brigades and the NSW Rural Fire Service.Maximum penalty: Level 4.
(2) The occupier must, if any of the components of the fire protection system are rendered inoperative, ensure that:(a) the implications of any of the components of the system being unserviceable or inoperative are assessed, and(b) alternative measures are taken to control, to the same level of effectiveness, those risks that were controlled by the system when functioning fully, and(c) the fire protection system is returned to full operation as soon as is reasonably practicable.Maximum penalty: Level 4.
(3) If the implications of the system becoming unserviceable or inoperative, as assessed by the occupier under subclause (2) (a), include a significant reduction in the effectiveness of the fire protection system, the occupier must notify the relevant emergency services of the condition of the fire protection system.Maximum penalty: Level 4.
(4) In determining the alternative measures required under subclause (2) (b) the occupier must have regard to the need for:(a) the provision of alternative fire protection measures, and(b) a reduction of the quantities of dangerous goods stored or handled at the premises, and(c) stopping or reducing the processes used for the storage and handling of dangerous goods at the premises, and(d) modifications to systems of work at the premises.Maximum penalty: Level 4.
(5) In this clause, fire protection system includes fixed or portable fire detection, fire suppression and fire fighting equipment.
174ZC Planning for emergencies
(1) This clause applies in relation to premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in the column headed “Manifest quantity” in the Table to Schedule 5.(2) An occupier of premises to which this clause applies must ensure that a written plan for dealing with any emergency associated with the storage and handling of dangerous goods on those premises (an emergency plan) is:(a) developed, implemented and maintained, and(b) communicated to:(i) persons who are engaged by the occupier to work at the premises and who may be exposed to risk as a result of an emergency, and(ii) persons in control of adjacent premises to the extent that the emergency plan applies to those person, if persons or property on the adjacent premises may be exposed to risk as a result of an emergency.Maximum penalty: Level 4.
(3) In developing or reviewing the emergency plan, the occupier must:(a) provide a draft of the emergency plan to the Commissioner of the New South Wales Fire Brigades, and(b) have regard to any written advice received from the Commissioner of the New South Wales Fire Brigades.Maximum penalty: Level 4.
(4) The occupier of the premises must provide a copy of the emergency plan to:(a) if the premises to which this clause applies are within a rural fire district within the meaning of the Rural Fires Act 1997—the NSW Rural Fire Service, or(b) in any other case—the Commissioner of the New South Wales Fire Brigades.Maximum penalty: Level 4.
(5) The occupier must review the emergency plan:(a) if there is a change in circumstances at the premises, or any adjacent premises, such as to raise the possibility of an emergency of a kind that is not dealt with by the plan, and(b) at intervals of not more than 5 years from the date on which the plan was developed or last reviewed.Maximum penalty: Level 4.
(6) The occupier must communicate the revised plan to the persons specified in subclause (2) (b).Maximum penalty: Level 4.
(7) This clause commences on 1 September 2006.
Subdivision 3 Safety equipment and safe access
(1) An occupier must ensure that, where safety equipment is required to control an identified risk in relation to the storage or handling of dangerous goods (including personal protective equipment and clean up equipment such as neutralisers, decontaminants and associated equipment), that equipment is provided, maintained and accessible to persons authorised to be on the premises.(2) A person must not wilfully damage or make ineffective any safety equipment referred to in subclause (1).Maximum penalty: Level 4.
An occupier must ensure that safe means of access to and from and within the occupier’s premises are provided and maintained.Maximum penalty: Level 4.
Subdivision 4 Plant, equipment and containers
174ZF Cleaning or decommissioning plant, equipment and containers
(1) An occupier must ensure that any plant, equipment or container that was used in connection with dangerous goods and:(a) is to be disposed of, or(b) has not had dangerous goods placed in or taken from it for a continuous period of 12 months,is made free from dangerous or otherwise made safe.(2) If a dangerous goods container has been made free from dangerous goods and the container is to be reused for a purpose other than its original purpose, the occupier must ensure that any references, signs, symbols or warning relating to the dangerous goods that it formerly contained are removed or obliterated.(3) If an underground, partially underground or fully mounded tank (other than an LPG tank) has been used to contain dangerous goods and 2 years have elapsed since any dangerous goods were last put in or taken from the tank, the occupier of the premises in which it is situated (or in the case of a LPG tank, the owner of the tank) must:(a) remove any remaining dangerous goods from, and abandon, the tank in compliance with AS 1940, and(b) within 7 days of the abandonment, notify WorkCover in the approved form of the abandonment.Maximum penalty: Level 4.
Note. See clause 174ZZE for obligations in relation to LPG tanks.
Subdivision 5 Provision of information
(1) For all dangerous goods stored or handled on an occupier’s premises, the occupier:(a) must obtain from the supplier of the goods an MSDS before or on the first occasion on which they are supplied, and(b) must ensure that the MSDS is readily accessible to any person at the premises who could store or handle the goods, and(c) must ensure that the MSDS is not altered, otherwise than where it is appropriate that an overseas MSDS be reformatted by the occupier.(2) The provisions of subclause (1) (a) and (b) do not apply to:(a) dangerous goods in transit, and(b) dangerous goods that are supplied to a retailer, retail warehouse operator or transport warehouse operator in a consumer package that:(i) holds less than 30 kg or 30 L of the goods, and(ii) is intended for retail sale, and(iii) is not intended to be opened on the premises of the retailer or operator.Maximum penalty: Level 4.
(3) This clause commences on 1 September 2006.
174ZH Occupier to ensure containers are labelled and enclosed systems are identified
(1) An occupier must ensure that packaged dangerous goods at the occupier’s premises, including those supplied to or produced within the occupier’s premises, are labelled in accordance with the ADG Code, and that the labels are not removed, defaced or altered.Maximum penalty: Level 4.
(2) Without limiting subclause (1), an occupier must ensure that any such label:(a) clearly identifies the dangerous goods, and(b) provides basic health and safety information about the dangerous goods, including any relevant risk phrases and safety phrases.Maximum penalty: Level 4.
(3) However:(a) a container into which dangerous goods are transferred for use within the next 12 hours need only be labelled with the product name and the relevant risk phrases and safety phrases, and(b) a container into which dangerous goods are transferred for immediate use need not be labelled, so long as it is cleaned immediately after it has been emptied of the dangerous goods.(4) An occupier must ensure that the identity of any dangerous goods contained in an enclosed system at the occupier’s premises (such as a pipe or piping system, or a process or reactor vessel) is notified to a person who could handle the dangerous goods.Maximum penalty: Level 1.
(5) This clause does not apply to dangerous goods in transit.
174ZI Commencement of Subdivision
This Subdivision commences on 1 September 2006.
(1) If the quantities of dangerous goods stored and handled at an occupier’s premises exceed the relevant quantities specified in the column headed “Placarding quantity” in the Table to Schedule 5, the occupier must ensure that a “HAZCHEM” outer warning placard as specified in Schedule 6 is displayed at the entrances to the premises that emergency services would use or be likely to use in the event of an emergency.Maximum penalty: Level 4.
(2) Subclause (1) does not apply to retail service stations.
174ZK Other placarding requirements
(1) An occupier must ensure that the following are placarded in accordance with this clause:(a) any container or other form of storage of dangerous goods in bulk,(b) any storage location of packaged dangerous goods.Note. See the definition of “storage location” in clause 174B.(2) Subclause (1) does not apply to any of the following:(a) dangerous goods in bulk in any container, including an IBC, that is intended for transport and marked in accordance with the ADG Code,(b) C1 combustible liquids in bulk in a quantity not exceeding 10,000 L that are separated from other dangerous goods,(c) dangerous goods of Class 2.1 or 3 or C1 combustible liquids, that are stored in an underground tank at a retail service station where the goods are used to refuel vehicles.(3) The dimensions, design, layout and content of a placard must be in accordance with Schedule 6 or the ADG Code.(4) A placard must be kept clean, in good order and unobstructed.(5) A placard required by subclause (1) or by clause 174ZJ must be located:(a) so that it is clearly legible by persons approaching the premises, bulk container or other form of storage or storage location (as appropriate), and(b) so that it is separate from any other sign or writing which contradicts, qualifies or distracts attention from the placard.(6) A placard required by subclause (1) (a) must be located on or adjacent to each bulk container or other form of storage.(7) A placard required by subclause (1) (b) must be located:(a) at the entrance to any building in which the dangerous goods are stored, and(b) within a building referred to in paragraph (a), at the entrance to each room or other closed or walled section of the building in which the dangerous goods are stored, and(c) adjacent to any external storage location where the dangerous goods are stored.(8) If the dangerous goods to which placards apply are permanently removed from the premises, the occupier must remove the placards.Maximum penalty: Level 4.
174ZL Different location permitted
(1) An occupier of premises that are required to be placarded may place placards in locations different from those specified in this Part if the relevant emergency services agree with the placards being in those different locations.(2) The occupier must ensure that the agreement of the relevant emergency services is in writing and is readily available for inspection by an inspector.
An occupier must ensure that all placards required by this Subdivision are revised as soon as reasonably practicable after any change to the type or quantity of dangerous goods stored at the occupier’s premises that requires different information to be displayed.Maximum penalty: Level 4.
174ZN Manifest to be maintained
(1) An occupier of premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in the column headed “Manifest quantity” in the Table to Schedule 5 must keep a manifest of dangerous goods, that contains the information and site plans required by Schedule 7, readily available for use by an inspector or the emergency services.(2) The occupier must ensure that a copy of the manifest is kept, and is readily accessible, at the main entrance to the occupier’s premises unless the occupier and the Commissioner of the New South Wales Fire Brigades or the NSW Rural Fire Service, as appropriate, have agreed to a different location for keeping a copy of the manifest.(3) The occupier must ensure that the manifest is revised as soon as possible after a change in any of the information specified in Schedule 7.(4) This clause does not apply in relation to dangerous goods in transit.(5) This clause commences on 1 September 2006.Maximum penalty: Level 4.
Subdivision 8 Serious incidents and other incidents
Note. Sections 86 and 87 of the Act, and clauses 341, 341A and 342 of this Regulation, make provision for the notification to WorkCover of serious incidents and certain other incidents at places of work and for the non-disturbance of plant and areas surrounding the place of a serious incident.
174ZO Response to serious incidents and other incidents
(1) An occupier must respond to a serious incident or other incident involving dangerous goods at the occupier’s premises by ensuring that:(a) immediate action is taken to assess and control any risk associated with the serious incident or other incident, including making any plant or equipment associated with the serious incident or other incident and the surrounding area safe so far as is reasonably practicable, and(b) only persons essential to carrying out the action referred to in paragraph (a) remain in the vicinity of the serious incident or other incident, and(c) the risk to each person engaged by the occupier at the premises to carry out the action referred to in paragraph (a) is reduced so far as is reasonably practicable.Maximum penalty: Level 4.
(2) Clauses 341–343 extend to controllers of dangerous goods premises and to premises on or in which dangerous goods to which section 135A of the Act applies (regardless of whether or not the premises are a place of work or are used for work).Note. Sections 86 and 87 of the Act apply to premises on or in which dangerous goods to which section 135A of the Act applies are stored or handled (regardless of whether or not the premises are a place of work or are used for work): see section 135A (3) (c) of the Act.Sections 86 and 87 of the Act do not apply to mining workplaces or coal workplaces. Notifications are to the Department Head (Mining) under section 110 of the Coal Mine Health and Safety Act 2002 or section 88 of the Mine Health and Safety Act 2004.
(3) The obligations of the occupier under subclause (1) (b) and (c) do not apply in respect of members of the emergency services responding to the serious incident or other incident.
174ZP Investigation of serious incidents and other incidents
An occupier must ensure that:(a) any serious incident or other incident involving dangerous goods occurring at the premises is investigated and that the investigation, so far as possible, determines the cause or likely cause of the serious incident or other incident, and(b) a record of the investigation is:(i) made, and(ii) kept for at least 5 years, and(iii) readily available, on request, to an inspector.Maximum penalty: Level 4.
174ZQ Risk assessment and control following serious incidents and other incidents
An occupier of premises where a serious incident or other incident involving dangerous goods has occurred must:(a) review the risk assessment carried out in accordance with this Regulation, taking into account the results of the investigation into the serious incident or other incident, and(b) if the review identifies deficiencies in any risk control measures, alter those measures or implement new measures.Maximum penalty: Level 4.
174ZR Information may be requested
(1) WorkCover may request any information from an occupier of premises that are a place of work that is not a mining workplace or a coal workplace in relation to:(a) the cause or effect of a serious incident or other incident that has occurred on the occupier’s premises, and(b) any action taken by the occupier as a result of the serious incident or other incident.(1A) The Department Head (Mining) may request any information from an occupier of premises that are a mining workplace or a coal workplace in relation to:(a) the cause or effect of a serious incident or other incident that has occurred on the occupier’s premises, and(b) any action taken by the occupier as a result of the serious incident or other incident.(2) A request for information must:(a) be in writing, and(b) specify a reasonable period within which the occupier must respond.(3) The occupier must provide the requested information:(a) in writing, and(b) within the period specified by WorkCover or the Department Head (Mining) (as the case may be).Maximum penalty: Level 4.
(4) (Repealed)
174ZS Notification to WorkCover
(1) An occupier of premises where dangerous goods are stored and handled in quantities that in total exceed or are likely to exceed the relevant quantities specified in the column headed “Manifest quantity” in the Table to Schedule 5 must ensure that WorkCover is notified of the presence of those dangerous goods.(2) A notification to WorkCover under subclause (1) must:(a) be given within 14 days after the obligation to notify arises, and(b) be accompanied by a fee in such amount as WorkCover may determine as the appropriate amount to cover expenses in connection with the processing and review of notifications required by this clause, and(c) include the following information:(i) the name of the occupier (and any other occupiers of the premises concerned),(ii) the address of the premises where the dangerous goods are stored and handled,(iii) the occupier’s contact details,(iv) the nature of the principal activities involving the dangerous goods,(v) the Class, Packing Group and the maximum quantity of the dangerous goods stored and handled in bulk or as packaged dangerous goods,(vi) descriptions and details and the maximum quantity of any C1 combustible liquids stored and handled in bulk or as packaged dangerous goods,(vii) the product name and the maximum quantity of goods too dangerous to be transported,(viii) any other documents or information specifically requested by WorkCover.(3) The occupier must ensure that WorkCover is provided with further notification, containing the information required under subclause (2), every 12 months, or at such longer intervals as are specified by WorkCover.(4) On receiving a notification under this clause, WorkCover must send the occupier a written acknowledgment of the notification.(5) WorkCover may give any information contained in a notification to a relevant local government council, the Department Head (Mining) and the emergency services.(6) This clause does not apply in relation to dangerous goods in transit.Maximum penalty: Level 4.
An occupier must, so far as is reasonably practicable, prevent:(a) access to dangerous goods on the occupier’s premises by unauthorised persons, and(b) unauthorised activities occurring on those premises.Maximum penalty: Level 4.
An occupier must ensure that lighting is provided that:(a) does not create excessive glare or reflection, and(b) is adequate to allow persons to move safely within the occupier’s premises, and(c) facilitates safe access to and egress from the premises, including emergency exits.Maximum penalty: Level 4.