Note. Most of the obligations in this Part apply to persons conducting businesses or undertakings at a workplace. However, some obligations apply to persons in different capacities, for example importers and suppliers of hazardous chemicals.
Division 1 Application of Part 7.1
(1) This Part applies to:(a) the use, handling and storage of hazardous chemicals at a workplace and the generation of hazardous substances at a workplace, and(b) a pipeline used to convey a hazardous chemical.(1A) This Part applies to the handling or storage of dangerous goods listed in Column 2 of the Table to this subclause, other than at a workplace, if the quantity of the dangerous goods is more than the relevant threshold referred to in Column 3 of that Table.
Table
Column 1
Column 2
Column 3
Item
Dangerous goods
Threshold quantities
1
Liquefied Petroleum Gas (LP gas) (dangerous goods Class 2.1)
If the LP gas is stored in packages outside a building, and connected by piping to appliances within the building that contain the gas—500 L (water capacity)
2
Compressed gas of Class 2.1 (excluding LP gas), Class 2.2 or compressed oxygen if:
Compressed oxygen or air that is used or intended to be used for medical
3
Dangerous goods Class 3
250 L
4
Pool Chlorine and spa sanitising agents
100 kg or L
5
Sodium Hypochlorite designated by UN Number 1791
100 L
6
Dangerous goods Class 9
100 kg or L
7
Dangerous goods Packing Group 1
5 kg or L
8
C1 combustible liquids
1000 L
9
Dangerous goods Class 2.3
Nil kg or L
10
Any dangerous goods other than those stated above
100 kg or L
(2) This Part does not apply to a pipeline that is regulated under the Gas Supply Act 1996, the Petroleum (Offshore) Act 1982 or the Pipelines Act 1967.(3) This Part does not apply to hazardous chemicals and explosives being transported by road, rail, sea or air if the transport is regulated under any of the following:(a) the Dangerous Goods (Road and Rail Transport) Act 2008 and the regulations under that Act,(b) the document entitled “International Maritime Dangerous Goods Code” published by the International Maritime Organization, copies of which are available for inspection at the offices of the regulator,(c) the document entitled “Technical Instructions for the Safe Transport of Dangerous Goods by Air” published by the International Civil Aviation Organization, copies of which are available for inspection at the offices of the regulator,(d) the document entitled “Dangerous Goods Regulations” published by the International Air Transport Association, copies of which are available for inspection at the offices of the regulator.(4) This Part does not apply to the following hazardous chemicals in the circumstances described:(a) hazardous chemicals in batteries when incorporated in plant,(b) fuel, oils or coolants in a container fitted to a vehicle, vessel, aircraft, mobile plant, appliance or other device, if the fuel, oil or coolant is intended for use in the operation of the device,(c) fuel in the fuel container of a domestic or portable fuel burning appliance, if the quantity of fuel does not exceed 25 kilograms or 25 litres,(d) hazardous chemicals in portable firefighting or medical equipment for use in a workplace,(e) hazardous chemicals that form part of the integrated refrigeration system of refrigerated freight containers,(f) potable liquids that are consumer products at retail premises.(5) This Part, other than the following clauses and Schedule 7, does not apply to substances, mixtures or articles categorised only as explosives under the GHS:(a) clause 329,(b) clause 330,(c) clause 339,(d) clause 344,(e) clause 345.(6) This Part does not apply to the following:(a) food and beverages within the meaning of the Food Standards Australia New Zealand Food Standards Code that are in a package and form intended for human consumption,(b) tobacco or products made of tobacco,(c) therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth at the point of intentional intake by or administration to humans,(d) veterinary chemical products within the meaning of the Agvet Code at the point of intentional administration to animals.(7) In subclause (6) (d), Agvet Code means the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth.
Division 2 Obligations relating to safety data sheets and other matters
Subdivision 1 Obligations of manufacturers and importers
Notes.1 A manufacturer or importer of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.
2 A manufacturer or importer is defined in section 23 or 24 of the Act as a person conducting a business or undertaking of manufacturing or importing.
329 Classification of hazardous chemicals
The manufacturer or importer of a substance, mixture or article must, before first supplying it to a workplace:(a) determine whether the substance, mixture or article is a hazardous chemical, and(b) if the substance, mixture or article is a hazardous chemical—ensure that the hazardous chemical is correctly classified in accordance with Part 1 of Schedule 9.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
330 Manufacturer or importer to prepare and provide safety data sheets
(1) A manufacturer or importer of a hazardous chemical must prepare a safety data sheet for the hazardous chemical:(a) before first manufacturing or importing the hazardous chemical, or(b) if that is not practicable—as soon as practicable after first manufacturing or importing the hazardous chemical and before first supplying it to a workplace.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The safety data sheet must comply with clause 1 of Schedule 7 unless clause 331 applies.(3) The manufacturer or importer of the hazardous chemical must:(a) review the safety data sheet at least once every 5 years, and(b) amend the safety data sheet whenever necessary to ensure that it contains correct, current information.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(4) The manufacturer or importer of the hazardous chemical must provide the current safety data sheet for the hazardous chemical to any person, if the person:(a) is likely to be affected by the hazardous chemical, and(b) asks for the safety data sheet.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(5) Subclauses (3) and (4) do not apply to a manufacturer or importer of a hazardous chemical who has not manufactured or imported the hazardous chemical in the past 5 years.
331 Safety data sheets—research chemical, waste product or sample for analysis
(1) This clause applies if:(a) a hazardous chemical is a research chemical, waste product or sample for analysis, and(b) it is not reasonably practicable for a manufacturer or importer of the hazardous chemical to comply with clause 1 of Schedule 7.(2) The manufacturer or importer must prepare a safety data sheet for the hazardous chemical that complies with clause 2 of Schedule 7.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
332 Emergency disclosure of chemical identities to registered medical practitioner
(1) This clause applies if a registered medical practitioner:(a) reasonably believes that knowing the chemical identity of an ingredient of a hazardous chemical may help to treat a patient, and(b) requests the manufacturer or importer of the hazardous chemical to give the registered medical practitioner the chemical identity of the ingredient, and(c) gives an undertaking to the manufacturer or importer that the chemical identity of the ingredient will be used only to help treat the patient, and(d) gives an undertaking to the manufacturer or importer to give the manufacturer or importer as soon as practicable a written statement about the need to obtain the chemical identity of the ingredient.(2) The manufacturer or importer of a hazardous chemical must give the registered medical practitioner the chemical identity of an ingredient of the hazardous chemical as soon as practicable.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
333 Emergency disclosure of chemical identities to emergency service worker
The manufacturer or importer of a hazardous chemical must give an emergency service worker the chemical identity of an ingredient of the hazardous chemical as soon as practicable after the worker requests it.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
334 Packing hazardous chemicals
The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly packed, in accordance with Part 2 of Schedule 9, as soon as practicable after manufacturing or importing the hazardous chemical.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
335 Labelling hazardous chemicals
(1) The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly labelled as soon as practicable after manufacturing or importing the hazardous chemical.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) A hazardous chemical is correctly labelled if the selection and use of label elements is in accordance with the GHS and it complies with Part 3 of Schedule 9.(3) This clause does not apply to a hazardous chemical if:(a) the hazardous chemical is a consumer product that is labelled in accordance with the Standard for the Uniform Scheduling of Medicines and Poisons 2011 published by the Commonwealth, as in force or remade from time to time, and(b) the container for the hazardous chemical has its original label, and(c) it is reasonably foreseeable that the hazardous chemical will be used in a workplace only in:(i) a quantity that is consistent with household use, and(ii) a way that is consistent with household use, and(iii) a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.(4) This clause does not apply to hazardous chemicals in transit.(5) This clause does not apply to a hazardous chemical that:(a) is therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth, and(b) is in a form intended for human consumption, for administration to or by a person or use by a person for therapeutic purposes, and(c) is labelled in accordance with that Act or an order made under that Act.(6) This clause does not apply to cosmetics and toiletries.
Subdivision 2 Obligations of suppliers
Notes.1 A supplier of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.
2 A supplier is defined in section 25 of the Act as a person who conducts a business or undertaking of supplying.
3 An operator of a major hazard facility is required to notify certain quantities of hazardous chemicals under Part 9.2.
336 Restriction on age of person who can supply hazardous chemicals
A person conducting a business or undertaking must not direct or allow a worker to supply a hazardous chemical that is a flammable gas or flammable liquid to another person into any container or vehicle provided by that other person unless the worker is at least 16 years of age.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.Examples.
337 Retailer or supplier packing hazardous chemicals
(1) The supplier of a hazardous chemical must not supply the hazardous chemical for use at another workplace if the supplier knows or ought reasonably to know that the hazardous chemical is not correctly packed.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(2) A retailer who supplies a hazardous chemical in a container provided by the person supplied with the chemical must ensure that the hazardous chemical is correctly packed.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
338 Supplier labelling hazardous chemicals
The supplier of a hazardous chemical must not supply the hazardous chemical to another workplace if the supplier knows or ought reasonably to know that the hazardous chemical is not correctly labelled in accordance with clause 335.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
339 Supplier to provide safety data sheets
(1) The supplier of a hazardous chemical to a workplace must ensure that the current safety data sheet for the hazardous chemical is provided with the hazardous chemical:(a) when the hazardous chemical is first supplied to the workplace, and(b) if the safety data sheet for the hazardous chemical is amended—when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) A hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace for 5 years.(3) The supplier of a hazardous chemical to a workplace must ensure that the current safety data sheet for the hazardous chemical is provided to a person at the workplace if the person asks for the safety data sheet.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(4) This clause does not apply to a supplier of a hazardous chemical if:(a) the hazardous chemical is a consumer product, or(b) the supplier is a retailer.Note. A manufacturer or importer is required to prepare a safety data sheet under clause 330.
340 Supply of prohibited and restricted carcinogens
(1) The supplier of a prohibited carcinogen referred to in an item in Schedule 10, table 10.1 must not supply the substance unless the person to be supplied with the substance gives the supplier evidence that:(a) the substance is to be used, handled or stored for genuine research or analysis, and(b) either:(i) the regulator has authorised the person to use, handle or store the substance under clause 384, or(ii) the regulator has granted an exemption under Part 11.2 to the person to use, handle or store the substance.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The supplier of a restricted carcinogen referred to in an item in Schedule 10, table 10.2, column 2 must not supply the substance for a use referred to in column 3 for the item unless the person to be supplied with the substance gives the supplier evidence that:(a) the regulator has authorised the person to use, handle or store the substance under clause 384, or(b) the regulator has granted an exemption to the person under Part 11.2 to use, handle or store the substance.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) A supplier under subclause (1) or (2) must keep a record of:(a) the name of the person supplied, and(b) the name and quantity of the substance supplied.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(4) The supplier must keep the record for 5 years after the substance was last supplied to the person.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.
Subdivision 3 Obligations of persons conducting businesses or undertakings
341 Labelling hazardous chemicals—general requirement
A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical used, handled or stored at the workplace is correctly labelled in accordance with clause 335.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
342 Labelling hazardous chemicals—containers
(1) A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical is correctly labelled in accordance with clause 335 if the hazardous chemical is:(a) manufactured at the workplace, or(b) transferred or decanted from its original container at the workplace.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a container that stores a hazardous chemical is correctly labelled in accordance with clause 335 while the container contains the hazardous chemical.(3) A person conducting a business or undertaking at a workplace must ensure that a container labelled for a hazardous chemical is used only for the use, handling or storage of the hazardous chemical.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(4) This clause does not apply to a container if:(a) the hazardous chemical in the container is used immediately after it is put in the container, and(b) the container is thoroughly cleaned immediately after the hazardous chemical is used, handled or stored so that the container is in the condition it would be in if it had never contained the hazardous chemical.
343 Labelling hazardous chemicals—pipe work
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a hazardous chemical in pipe work is identified by a label, sign or another way on or near the pipe work.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
344 Person conducting business or undertaking to obtain and give access to safety data sheets
(1) A person conducting a business or undertaking at a workplace must obtain the current safety data sheet for a hazardous chemical prepared in accordance with this Regulation from the manufacturer, importer or supplier of the hazardous chemical in the following circumstances:(a) either:(i) not later than when the hazardous chemical is first supplied for use at the workplace, or(ii) if the person is not able to obtain the safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace but before the hazardous chemical is used at the workplace,(b) if the safety data sheet for the hazardous chemical is amended either:(i) not later than when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended, or(ii) if the person is not able to obtain the amended safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace after the safety data sheet is amended and before the hazardous chemical supplied is used at the workplace.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace for 5 years.(3) The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to:(a) a worker who is involved in using, handling or storing the hazardous chemical at the workplace, and(b) an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(4) Subclauses (1) and (3) do not apply to a hazardous chemical that:(a) is in transit, or(b) if the person conducting the business or undertaking at the workplace is a retailer—is:(i) a consumer product, and(ii) intended for supply to other premises, or(c) is a consumer product and it is reasonably foreseeable that the hazardous chemical will be used at the workplace only in:(i) quantities that are consistent with household use, and(ii) a way that is consistent with household use, and(iii) a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.(5) In the circumstances referred to in subclause (4), the person must ensure that sufficient information about the safe use, handling and storage of the hazardous chemical is readily accessible to:(a) a worker at the workplace, and(b) an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(6) The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to a person at the workplace if the person:(a) is likely to be affected by the hazardous chemical, and(b) asks for the safety data sheet.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
345 Changes to safety data sheets
A person conducting a business or undertaking at a workplace may change a safety data sheet for a hazardous chemical only if:(a) the person:(i) is an importer or manufacturer of the hazardous chemical, and(ii) changes the safety data sheet in a way that is consistent with the duties of the importer or manufacturer under clause 330, or(b) the change is only the attachment of a translation of the safety data sheet, and clearly states that the translation is not part of the original safety data sheet.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Note. The manufacturer or importer of a hazardous chemical must amend a safety data sheet as necessary to ensure the information is correct and current (see clause 330 (3) (b)).
Division 3 Register and manifest of hazardous chemicals
Subdivision 1 Hazardous chemicals register
346 Hazardous chemicals register
(1) A person conducting a business or undertaking at a workplace must ensure that:(a) a register of hazardous chemicals used, handled or stored at the workplace is prepared and kept at the workplace, and(b) the register is maintained to ensure the information in the register is up to date.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The register must include:(a) a list of hazardous chemicals used, handled or stored, and(b) the current safety data sheet for each hazardous chemical listed.(3) The person must ensure that the register is readily accessible to:(a) a worker involved in using, handling or storing a hazardous chemical, and(b) anyone else who is likely to be affected by a hazardous chemical at the workplace.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(4) This clause does not apply to a hazardous chemical if:(a) the hazardous chemical is in transit, unless there is a significant or frequent presence of the hazardous chemical in transit at the workplace, or(b) the hazardous chemical is a consumer product and the person is not required to obtain a safety data sheet for the hazardous chemical under clause 344.
Subdivision 2 Manifest of Schedule 11 hazardous chemicals
Note. Clause 361 requires an emergency plan to be prepared if the quantity of hazardous chemicals used, handled or stored at a workplace exceeds the manifest quantity for that hazardous chemical.
347 Manifest of hazardous chemicals
(1) A person conducting a business or undertaking at a workplace must, if the quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals used, handled or stored at the workplace exceeds the manifest quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals:(a) prepare a manifest of Schedule 11 hazardous chemicals, and(b) amend the manifest as soon as practicable if:(i) the type or quantity of Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals that must be listed in the manifest changes, or(ii) there is a significant change in the information required to be recorded in the manifest.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) A manifest of Schedule 11 hazardous chemicals must comply with Schedule 12.(3) The person must keep the manifest:(a) in a place determined in agreement with the primary emergency service organisation, and(b) available for inspection under the Act, and(c) readily accessible to the emergency service organisation.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
348 Regulator must be notified if manifest quantities to be exceeded
(1) A person conducting a business or undertaking at a workplace must ensure that the regulator is given written notice if a quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals that exceeds the manifest quantity is used, handled or stored, or is to be used, handled or stored, at the workplace.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The notice under subclause (1) must be given:(a) immediately after the person knows that the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is to be first used, handled or stored at the workplace or at least 14 days before that first use handling or storage (whichever is earlier), and(b) immediately after the person knows that there will be a significant change in the risk of using, handling or storing the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals at the workplace or at least 14 days before that change (whichever is earlier), and(c) as soon as practicable after the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is no longer used, handled or stored at the workplace and it is not likely to be used, handled or stored at the workplace in the future.(3) The notice under subclause (1) must include the following:(a) the name and ABN of the person conducting the business or undertaking,(b) the type of business or undertaking conducted,(c) if the workplace was previously occupied by someone else—the name of the most recent previous occupier, if known,(d) the activities of the business or undertaking that involve using, handling or storing Schedule 11 hazardous chemicals,(e) the manifest prepared by the person conducting the business or undertaking under clause 347,(f) in the case of a notice under subclause (2) (b)—details of the changes to the manifest.(4) A person conducting a business or undertaking at a workplace must ensure that the regulator is given written notice as soon as practicable after the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals ceases to be used, handled or stored at the workplace if it is not likely to be used, handled or stored at the workplace in the future.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(5) The notice under subclause (4) must include the information referred to in subclause (3) (a), (b) and (d).(6) If the regulator asks for any further information about the manifest quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals, the person must ensure that the information is given to the regulator.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
349 Outer warning placards—requirement to display
(1) A person conducting a business or undertaking at a workplace must ensure that an outer warning placard is prominently displayed at the workplace if the total quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals used, handled or stored at the workplace exceeds the placard quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) An outer warning placard must comply with Schedule 13.(3) This clause does not apply to a workplace if:(a) the workplace is a retail outlet, and(b) the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is used to refuel a vehicle, and is either:(i) a flammable gas, or(ii) a flammable liquid.
350 Placard—requirement to display
(1) A person conducting a business or undertaking at a workplace must ensure that a placard is prominently displayed at the workplace if the total quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals stored at the workplace exceeds the placard quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) A placard must comply with Schedule 13.(3) This clause does not apply to a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals if:(a) the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is in bulk in a container, including an IBC, that is intended for transport and a placard is displayed on the container in accordance with the ADG Code, or(b) the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is a flammable liquid stored in an underground tank at a retail outlet and used to refuel a vehicle.
Division 5 Control of risk—obligations of persons conducting businesses or undertakings
Subdivision 1 General obligations relating to management of risk
351 Management of risks to health or safety
(1) A person conducting a business or undertaking must manage, in accordance with Part 3.1, risks to health and safety associated with using, handling, generating or storing a hazardous chemical at a workplace.Note. WHS Act—section 19 (see clause 9).(2) In managing risks the person must have regard to the following:(a) the hazardous properties of the hazardous chemical,(b) any potentially hazardous chemical or physical reaction between the hazardous chemical and another substance or mixture, including a substance that may be generated by the reaction,(c) the nature of the work to be carried out with the hazardous chemical,(d) any structure, plant or system of work:(i) that is used in the use, handling, generation or storage of the hazardous chemical, or(ii) that could interact with the hazardous chemical at the workplace.
352 Review of control measures
In addition to the circumstances in clause 38, a person conducting a business or undertaking at a workplace must ensure that any measures implemented to control risks in relation to a hazardous chemical at the workplace are reviewed and as necessary revised in any of the following circumstances:(a) following any change to the safety data sheet for the hazardous chemical or the register of hazardous chemicals,(b) if the person obtains a health monitoring report for a worker under Division 6 that contains:(i) test results that indicate that the worker has been exposed to the hazardous chemical and has an elevated level of metabolites in his or her body for that hazardous chemical, or(ii) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring, or(iii) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring,(c) if monitoring carried out under clause 50 determines that the airborne concentration of the hazardous chemical at the workplace exceeds the relevant exposure standard,(d) at least once every 5 years.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
(1) This clause applies if a safety sign is required to control an identified risk in relation to using, handling, generating or storing hazardous chemicals at a workplace.(2) A person conducting a business or undertaking at the workplace must display a safety sign at the workplace to:(a) warn of a particular hazard associated with the hazardous chemicals, or(b) state the responsibilities of a particular person in relation to the hazardous chemicals.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) The person must ensure that the safety sign is:(a) located next to the hazard, and(b) clearly visible to a person approaching the hazard.(4) In this clause, safety sign does not include a placard.
354 Identification of risk of physical or chemical reaction
(1) A person conducting a business or undertaking at a workplace must identify any risk of a physical or chemical reaction in relation to a hazardous chemical used, handled, generated or stored at a workplace.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) Subclause (1) does not apply if the hazardous chemical undergoes the physical or chemical reaction in a manufacturing process or as part of a deliberate process or activity at the workplace.(3) A person conducting a business or undertaking at a workplace must take all reasonable steps to ensure that a hazardous chemical is used, handled, generated or stored so as not to contaminate food, food packaging or personal use products.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Examples. Personal use products:• cosmetics,• face washer.(4) Subclause (3) does not apply to the use of a hazardous chemical for agricultural purposes when used in accordance with the Pesticides Act 1999.
355 Specific control—fire and explosion
A person conducting a business or undertaking at a workplace must, if there is a possibility of fire or explosion in a hazardous area being caused by an ignition source being introduced into the area, ensure that the ignition source is not introduced into the area (from outside or within the space).Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
356 Keeping hazardous chemicals stable
(1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a hazardous chemical used, handled or stored at the workplace does not become unstable, decompose or change so as to:(a) create a hazard that is different from the hazard originally created by the hazardous chemical, or(b) significantly increase the risk associated with any hazard in relation to the hazardous chemical.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) A person conducting a business or undertaking at a workplace must ensure that:(a) if the stability of a hazardous chemical used, handled or stored at the workplace is dependent on the maintenance of the proportions of the ingredients of the hazardous chemical—the proportions are maintained as stated in the safety data sheet for the chemical or by the manufacturer of the hazardous chemical, and(b) if a hazardous chemical used, handled or stored at the workplace is known to be unstable above a particular temperature—the hazardous chemical is used, handled or stored at or below that temperature.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) This clause does not apply if:(a) the hazardous chemical is changed or allowed to become unstable, without risk to health or safety, as part of a deliberate process or activity at the workplace, or(b) the hazardous chemical undergoes a chemical reaction in a manufacturing process or as part of a deliberate process or activity at the workplace.
Subdivision 2 Spills and damage
357 Containing and managing spills
(1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that where there is a risk from a spill or leak of a hazardous chemical in a solid or liquid form, provision is made in each part of the workplace where the hazardous chemical is used, handled, generated or stored for a spill containment system that contains within the workplace any part of the hazardous chemical that spills or leaks, and any resulting effluent.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must ensure that the spill containment system does not create a hazard by bringing together different hazardous chemicals that are not compatible.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) The person must ensure that the spill containment system provides for the cleanup and disposal of a hazardous chemical that spills or leaks, and any resulting effluent.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(4) In subclause (2), compatible, for 2 or more substances, mixtures or items, means that the substances, mixtures or items do not react together to cause a fire, explosion, harmful reaction or evolution of flammable, toxic or corrosive vapour.
358 Protecting hazardous chemicals from damage
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that containers of hazardous chemicals and any associated pipe work or attachments are protected against damage caused by an impact or excessive loads.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
Subdivision 3 Emergency plans and safety equipment
359 Fire protection and firefighting equipment
(1) A person conducting a business or undertaking at a workplace must ensure the following:(a) the workplace is provided with fire protection and firefighting equipment that is designed and built for the types of hazardous chemicals at the workplace in the quantities in which they are used, handled, generated or stored at the workplace, and the conditions under which they are used, handled, generated or stored, having regard to:(i) the fire load of the hazardous chemicals, and(ii) the fire load from other sources, and(iii) the compatibility of the hazardous chemicals with other substances and mixtures at the workplace,(b) the fire protection and firefighting equipment is compatible with firefighting equipment used by the primary emergency services organisation,(c) the fire protection and firefighting equipment is properly installed, tested and maintained,(d) a dated record is kept of the latest testing results and maintenance until the next test is conducted.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) If a part of the fire protection and firefighting equipment provided at the workplace becomes unserviceable or inoperative, the person must ensure that:(a) the implications of the equipment being unserviceable or inoperative are assessed, and(b) for risks that were controlled by the equipment when functioning fully, alternative measures are taken to manage the risks.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) The person must ensure that the fire protection and firefighting equipment is returned to full operation as soon as practicable.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
A person conducting a business or undertaking at a workplace that uses, handles, generates or stores hazardous chemicals must ensure that equipment is always available at the workplace for use in an emergency.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Note. A person conducting a business or undertaking must comply with Division 4 of Part 3.2.
(1) This clause applies if the quantity of a Schedule 11 hazardous chemical used, handled, generated or stored at a workplace exceeds the manifest quantity for that hazardous chemical.(2) A person conducting a business or undertaking at the workplace must give a copy of the emergency plan prepared under Division 4 of Part 3.2 for the workplace to the primary emergency service organisation.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) If the primary emergency service organisation gives the person a written recommendation about the content or effectiveness of the emergency plan, the person must revise the plan in accordance with the recommendation.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
(1) This clause applies if safety equipment is required to control an identified risk in relation to using, handling, generating or storing hazardous chemicals at a workplace.(2) A person conducting a business or undertaking at the workplace must ensure that the safety equipment is provided, maintained and readily accessible to persons at the workplace.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
Subdivision 4 Storage and handling systems
363 Control of risks from storage or handling systems
(1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a system used at the workplace for the use, handling or storage of hazardous chemicals:(a) is used only for a purpose for which it was designed, manufactured, modified, supplied or installed, and(b) is operated, tested, maintained, installed, repaired and decommissioned having regard to the health and safety of workers and other persons at the workplace.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must ensure that sufficient information, training and instruction is given to a person who operates, tests, maintains or decommissions a system used at a workplace for the use, handling or storage of hazardous chemicals for the activity to be carried out safely.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Example. Information provided at a training course.
364 Containers for hazardous chemicals used, handled or stored in bulk
A person conducting a business or undertaking at a workplace must ensure that a container in which a hazardous chemical is used, handled or stored in bulk and any associated pipe work or attachments:(a) have stable foundations and supports, and(b) are secured to the foundations and supports to prevent any movement between the container and the associated pipe work or attachments to prevent:(i) damage to the container, the associated pipe work or attachments, and(ii) a notifiable incident.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.
365 Stopping use and disposing of handling systems
(1) This clause applies to a system used at a workplace for the use, handling or storage of hazardous chemicals if a person conducting a business or undertaking at the workplace intends that the system no longer be used for the use, handling or storage of the hazardous chemicals or be disposed of.(2) The person must ensure, so far as is reasonably practicable, that the system is free of the hazardous chemicals when the system stops being used for the use, handling or storage of the hazardous chemicals or is disposed of.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) If it is not reasonably practicable to remove the hazardous chemicals from the system, the person must correctly label the system.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Note. For correctly labelling hazardous chemicals, see Subdivision 3 of Division 2.
366 Stopping use of underground storage and handling systems
(1) This clause applies in relation to a system used at a workplace for the use, handling or storage of hazardous chemicals underground if a person conducting a business or undertaking at the workplace intends that the system no longer be used for the use, handling or storage of the hazardous chemicals or be disposed of.(2) The person must ensure, so far as is reasonably practicable, that the system is removed.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) If it is not reasonably practicable to remove the system, the person must ensure, so far as is reasonably practicable, that the system is without risks to health and safety.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
367 Notification of abandoned tank
(1) This clause applies to a person conducting a business or undertaking at a workplace if:(a) the person controls or manages a tank at the workplace that is underground, partially underground or fully mounded, and(b) the tank was used to store flammable gases or flammable liquids.(2) The tank is taken to be abandoned if:(a) the tank has not been used to store flammable gases or flammable liquids for 2 years, or(b) the person does not intend to use the tank to store flammable gases or flammable liquids again.(3) The person must notify the regulator of the abandonment of the tank as soon as practicable after the tank is abandoned.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(4) In this clause, tank means a container, other than an IBC designed to use, handle or store hazardous chemicals in bulk, and includes fittings, closures and other equipment attached to the container.
368 Duty to provide health monitoring
A person conducting a business or undertaking must ensure that health monitoring is provided to a worker carrying out work for the business or undertaking if:(a) the worker is carrying out ongoing work at a workplace using, handling, generating or storing hazardous chemicals and there is a significant risk to the worker’s health because of exposure to a hazardous chemical referred to in Schedule 14, table 14.1, column 2, or(b) the person identifies that because of ongoing work carried out by a worker using, handling, generating or storing hazardous chemicals there is a significant risk that the worker will be exposed to a hazardous chemical (other than a hazardous chemical referred to in Schedule 14, table 14.1) and either:(i) valid techniques are available to detect the effect on the worker’s health, or(ii) a valid way of determining biological exposure to the hazardous chemical is available and it is uncertain, on reasonable grounds, whether the exposure to the hazardous chemical has resulted in the biological exposure standard being exceeded.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Note. The biological exposure standard is published by Safe Work Australia.
369 Duty to inform of health monitoring
A person conducting a business or undertaking who is required to provide health monitoring to a worker must give information about the health monitoring requirements to:(a) a person who is likely to be engaged to carry out work using, handling, generating or storing a hazardous chemical, and(b) a worker for the business or undertaking, before the worker commences work using, handling, generating or storing a hazardous chemical.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
370 Duty to ensure that appropriate health monitoring is provided
A person conducting a business or undertaking must ensure that health monitoring of a worker referred to in clause 368 includes health monitoring of a type referred to in an item in Schedule 14, table 14.1, column 3 in relation to a hazardous chemical referred to in column 2 for the item, unless:(a) an equal or better type of health monitoring is available, and(b) the use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
371 Duty to ensure health monitoring is supervised by registered medical practitioner with experience
(1) A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in clause 368 is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must consult the worker in relation to the selection of the registered medical practitioner.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
372 Duty to pay costs of health monitoring
(1) A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in clause 368.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(2) If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.
373 Information that must be provided to registered medical practitioner
A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:(a) the name and address of the person conducting the business or undertaking,(b) the name and date of birth of the worker,(c) the work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring,(d) if the worker has started that work—how long the worker has been carrying out that work.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
374 Duty to obtain health monitoring report
(1) A person conducting a business or undertaking who commissions health monitoring referred to in clause 368 must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The health monitoring report must include the following:(a) the name and date of birth of the worker,(b) the name and registration number of the registered medical practitioner,(c) the name and address of the person conducting the business or undertaking who commissioned the health monitoring,(d) the date of the health monitoring,(e) any test results that indicate whether or not the worker has been exposed to a hazardous chemical,(f) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring,(g) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring,(h) whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.
375 Duty to give health monitoring report to worker
The person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
376 Duty to give health monitoring report to regulator
A person conducting a business or undertaking for whom a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains:(a) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring, or(b) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
377 Duty to give health monitoring report to relevant persons conducting businesses or undertakings
The person who commissioned health monitoring for a worker under clause 368 must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
(1) A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record:(a) identified as a record in relation to the worker, and(b) for at least 30 years after the record is made.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(2) The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker’s written consent.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(3) Subclause (2) does not apply if the record is disclosed under clause 376 or 377 or to a person who must keep the record confidential under a duty of professional confidentiality.
Division 7 Induction, information, training and supervision
379 Duty to provide supervision
(1) A person conducting a business or undertaking at a workplace must provide any supervision to a worker that is necessary to protect the worker from risks to the worker’s health and safety arising from the work if, at the workplace, the worker:(a) uses, handles, generates or stores a hazardous chemical, or(b) operates, tests, maintains, repairs or decommissions a storage or handling system for a hazardous chemical, or(c) is likely to be exposed to a hazardous chemical.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must ensure that the supervision of the worker is suitable and adequate having regard to:(a) the nature of the risks associated with the hazardous chemical, and(b) the information, training and instruction required under clause 39.Note. In addition, section 19 (3) (f) of the Act requires the provision of information, training, instruction and supervision.
Division 8 Prohibition, authorisation and restricted use
380 Using, handling and storing prohibited carcinogens
A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a prohibited carcinogen referred to in Schedule 10, table 10.1, column 2 unless:(a) the prohibited carcinogen is used, handled or stored for genuine research or analysis, and(b) the regulator has authorised the use, handling or storage of the prohibited carcinogen under clause 384.Note. See section 43 of the Act.
381 Using, handling and storing restricted carcinogens
A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a restricted carcinogen referred to in an item in Schedule 10, table 10.2, column 2 for a purpose referred to in column 3 for the item unless the regulator has authorised the use, handling or storage of the restricted carcinogen under clause 384.Note. See section 43 of the Act.
382 Using, handling and storing restricted hazardous chemicals
(1) A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, a restricted hazardous chemical referred to in an item in Schedule 10, table 10.3, column 2 for a purpose referred to in column 3 for the item.(2) A person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, polychlorinated biphenyls (PCBs) unless the use, handling or storage is:(a) in relation to existing electrical equipment or construction material, or(b) for disposal purposes, or(c) for genuine research and analysis.Note. See section 43 of the Act.
383 Application for authorisation to use, handle or store prohibited and restricted carcinogens
(1) A person conducting a business or undertaking at a workplace may apply in writing to the regulator for authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen referred to in Schedule 10 at the workplace.(2) The application must include the following information:(a) the applicant’s name and business address,(b) if the applicant conducts the business or undertaking under a business name, that business name,(c) the name and address of the supplier of the carcinogen,(d) the address where the carcinogen will be used, handled or stored,(e) the name of the carcinogen,(f) the quantity of the carcinogen to be used, handled or stored at the workplace each year,(g) the purpose and activity for which the carcinogen will be used, handled or stored,(h) the number of workers that may be exposed to the carcinogen,(i) information about how the person will manage risks to health and safety, including a summary of the steps taken, or to be taken, by the person in relation to the following:(i) hazard identification,(ii) control measures,(iii) if elimination or substitution of the carcinogen is not reasonably practicable—why the elimination or substitution is not reasonably practicable,(j) any other information requested by the regulator.
384 Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens
(1) If a person applies under clause 383, the regulator may grant an authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen under this clause.(2) The regulator may authorise the person to use, handle or store a prohibited carcinogen referred to in an item in Schedule 10, table 10.1 at the workplace only if the carcinogen will be used, handled or stored only for genuine research or analysis.(3) The regulator may authorise the person to use, handle or store a restricted carcinogen referred to in an item in Schedule 10, table 10.2 at the workplace only if the carcinogen will be used, handled or stored only for a use referred to in column 3 for the item.(4) The regulator may impose any conditions on the authorisation that the regulator considers necessary to achieve the objectives of the Act or this Regulation.(5) The regulator must refuse to authorise the use, handling or storage of the carcinogen for a use not referred to in this clause.Note. A decision to refuse an authorisation is a reviewable decision (see clause 676).
385 Changes to information in application to be reported
A person who applies under clause 383 for authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen must give the regulator written notice of any change in the information given in the application before the change or as soon as practicable after the person becomes aware of the change.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
386 Regulator may cancel authorisation
The regulator may cancel an authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen given under clause 384 if satisfied that:(a) the person granted the authorisation has not complied with a condition on the authorisation, or(b) the risk to the health or safety of a worker that may be affected by using, handling or storing the carcinogen has changed since the authorisation was granted.Note. A decision to cancel an authorisation is a reviewable decision (see clause 676).
387 Statement of exposure to be given to workers
(1) This clause applies if:(a) a person conducting a business or undertaking at a workplace is authorised under clause 384 to use, handle or store a prohibited carcinogen or restricted carcinogen at the workplace, and(b) a worker uses, handles or stores the prohibited carcinogen or restricted carcinogen at the workplace.(2) The person must give to the worker, at the end of the worker’s engagement by the person, a written statement of the following:(a) the name of the prohibited or restricted carcinogen to which the worker may have been exposed during the engagement,(b) the time the worker may have been exposed,(c) how and where the worker may obtain records of the possible exposure,(d) whether the worker should undertake regular health assessments, and the relevant tests to undertake.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
(1) This clause applies if a person conducting a business or undertaking at a workplace is authorised under clause 384 to use, handle or store a prohibited carcinogen or restricted carcinogen at the workplace.(2) The person must:(a) record the full name, date of birth and address of each worker likely to be exposed to the prohibited carcinogen or restricted carcinogen during the period of authorisation, and(b) keep a copy of each authorisation given to the person including any conditions imposed on the authorisation.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(3) The person must keep the records for 30 years after the authorisation ends.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
389 Management of risk by pipeline owner
(1) The owner of a pipeline used to transfer hazardous chemicals must manage risks associated with the transfer of the hazardous chemicals through that pipeline.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Example. Risks associated with the testing, installation, commissioning, operation, maintenance and decommissioning of the pipeline.(2) The owner of a pipeline used to transfer hazardous chemicals must ensure, so far as is reasonably practicable, that an activity, structure, equipment or substance that is not part of the pipeline does not affect the hazardous chemicals or the pipeline in a way that increases risk.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
(1) This clause applies to a person who intends to build a pipeline that will:(a) cross into a public place, and(b) be used to transfer a Schedule 11 hazardous chemical.(2) The person must ensure that, before the building of the pipeline commences, the regulator is given the following information:(a) the name of the pipeline’s intended owner and operator,(b) the pipeline’s specifications,(c) the intended procedures for the operation, maintenance, renewal and relaying of the pipeline,(d) any public place that the pipeline will cross,(e) the intended emergency response procedures.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(3) The person must ensure that the regulator is given the information in the following circumstances:(a) before the pipeline is commissioned,(b) before the pipeline is likely to contain a hazardous chemical,(c) if there is any change in the information given under subclause (2)—when the information changes,(d) if part of the pipeline is to be repaired—before the pipeline is repaired,(e) if part of the pipeline is removed, decommissioned, closed or abandoned—when the removal, decommissioning, closure or abandonment occurs.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.
391 Management of risks to health and safety by pipeline operator
(1) A person conducting a business or undertaking at a workplace who is the operator of a pipeline (the operator) used to transfer hazardous chemicals must manage, in accordance with Part 3.1, risks to health and safety associated with the transfer of the hazardous chemicals through the pipeline.Note. WHS Act—section 19 (see clause 9).(2) The operator of a pipeline used to transfer a hazardous chemical must ensure, so far as is reasonably practicable, that the hazardous chemical transferred is identified by a label, sign or another way on or near the pipeline.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) The operator of a pipeline that transfers a Schedule 11 hazardous chemical into a public place must ensure that the regulator is notified of:(a) the supplier of the hazardous chemical, and(b) the receiver of the hazardous chemical, and(c) the correct classification of the hazardous chemical.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.
Note. In workplaces where lead processes are carried out, this Part applies in addition to Part 7.1.
In this Part, a lead process consists of any of the following carried out at a workplace:(a) work that exposes a person to lead dust or lead fumes arising from the manufacture or handling of dry lead compounds,(b) work in connection with the manufacture, assembly, handling or repair of, or parts of, batteries containing lead that involves the manipulation of dry lead compounds, or pasting or casting lead,(c) breaking up or dismantling batteries containing lead, or sorting, packing and handling plates or other parts containing lead that are removed or recovered from the batteries,(d) spraying molten lead metal or alloys containing more than 5% by weight of lead metal,(e) melting or casting lead alloys containing more than 5% by weight of lead metal in which the temperature of the molten material exceeds 450°C,(f) recovering lead from its ores, oxides or other compounds by thermal reduction process,(g) dry machine grinding, discing, buffing or cutting by power tools alloys containing more than 5% by weight of lead metal,(h) machine sanding or buffing surfaces coated with paint containing more than 1% by dry weight of lead,(i) a process by which electric arc, oxyacetylene, oxy gas, plasma arc or a flame is applied for welding, cutting or cleaning, to the surface of metal coated with lead or paint containing more than 1% by dry weight of lead metal,(j) radiator repairs that may cause exposure to lead dust or lead fumes,(k) fire assays if lead, lead compounds or lead alloys are used,(l) hand grinding and finishing lead or alloys containing more than 50% by dry weight of lead,(m) spray painting with lead paint containing more than 1% by dry weight of lead,(n) melting lead metal or alloys containing more than 50% by weight of lead metal if the exposed surface area of the molten material exceeds 0.1 square metre and the temperature of the molten material does not exceed 450°C,(o) using a power tool, including abrasive blasting and high pressure water jets, to remove a surface coated with paint containing more than 1% by dry weight of lead and handling waste containing lead resulting from the removal,(p) a process that exposes a person to lead dust or lead fumes arising from manufacturing or testing detonators or other explosives that contain lead,(q) a process that exposes a person to lead dust or lead fumes arising from firing weapons at an indoor firing range,(r) foundry processes involving:(i) melting or casting lead alloys containing more than 1% by weight of lead metal in which the temperature of the molten material exceeds 450°C, or(ii) dry machine grinding, discing, buffing or cutting by power tools lead alloys containing more than 1% by weight of lead metal,(s) a process decided by the regulator to be a lead process under clause 393.
393 Regulator may decide lead process
(1) The regulator may decide that a process to be carried out at a workplace is a lead process.(2) The regulator must not decide that the process is a lead process unless the regulator is satisfied on reasonable grounds that the process creates a risk to the health of a worker at the workplace having regard to blood lead levels of workers, or airborne lead levels, at the workplace.Note. A decision that a process is a lead process is a reviewable decision (see clause 676).(3) The regulator must, within 14 days after a decision is made under subclause (1), give written notice of the decision to the person conducting a business or undertaking at the workplace.
394 Meaning of “lead risk work”
In this Part, lead risk work means work carried out in a lead process that is likely to cause the blood lead level of a worker carrying out the work to exceed:(a) for a female of reproductive capacity—10µg/dL (0.48µmol/L), or(b) in any other case—30µg/dL (1.45µmol/L).
395 Duty to give information about health risks of lead process
(1) A person conducting a business or undertaking that carries out a lead process must give information about the lead process to:(a) a person who is likely to be engaged to carry out the lead process—before the person is engaged, and(b) a worker for the business or undertaking—before the worker commences the lead process.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) If work is identified as lead risk work after a worker commences the work, the person conducting a business or undertaking must give information about the lead process to the worker as soon as practicable after it is identified as lead risk work and before health monitoring of the worker is provided under Division 4 of this Part.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) The information that must be given is:(a) information about the health risks and toxic effects associated with exposure to lead, and(b) if the lead process involves lead risk work—the need for, and details of, health monitoring under Division 4 of this Part.
396 Containment of lead contamination
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that contamination by lead is confined to a lead process area at the workplace.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
(1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a lead process area at the workplace is kept clean.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must ensure that the methods used to clean a lead process area:(a) do not create a risk to the health of persons in the immediate vicinity of the area, and(b) do not have the potential to spread the contamination of lead.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
398 Prohibition on eating, drinking and smoking
(1) A person conducting a business or undertaking at a workplace must take all reasonable steps to ensure that a person does not eat, drink, chew gum, smoke or carry materials used for smoking in a lead process area at the workplace.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) A person conducting a business or undertaking at a workplace must provide workers with an eating and drinking area that, so far as is reasonably practicable, cannot be contaminated with lead from a lead process.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
399 Provision of changing and washing facilities
(1) A person conducting a business or undertaking at a workplace must provide and maintain in good working order changing rooms and washing, showering and toilet facilities at the workplace so as to:(a) minimise secondary lead exposure from contaminated clothing, and(b) minimise ingestion of lead, and(c) avoid the spread of lead contamination.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must ensure, so far as is reasonably practicable, that workers at the workplace remove clothing and equipment that is or is likely to be contaminated with lead, and wash their hands and faces, before entering an eating or drinking area at the workplace.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
400 Laundering, disposal and removal of personal protective equipment
(1) A person conducting a business or undertaking at a workplace must ensure that personal protective equipment that is likely to be contaminated with lead dust:(a) is sealed in a container before being removed from the lead process area, and(b) so far as is reasonably practicable, is disposed of on the completion of the lead process work at a site equipped to accept lead-contaminated equipment, and(c) if it is not reasonably practicable to dispose of the personal protective equipment that is clothing:(i) is laundered at a laundry, whether on site or off-site, equipped to launder lead-contaminated clothing, or(ii) if it is not practicable to launder the clothing—is kept in the sealed container until it is re-used for lead process work, and(d) if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing:(i) is decontaminated before it is removed from the lead process area, or(ii) if it is not practicable to decontaminate the equipment in the lead process area—is kept in the sealed container until it is re-used for lead process work.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Example. Work boots.(2) The person must ensure that a sealed container referred to in subclause (1) is decontaminated before being removed from the lead process area.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Note. Clause 335 also requires the container to be labelled to indicate the presence of lead.(3) The person must take all reasonable steps to ensure that clothing contaminated with lead-dust is not removed from the workplace unless it is to be:(a) laundered in accordance with this clause, or(b) disposed of.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
401 Review of control measures
(1) A person conducting a business or undertaking at a workplace must ensure that any measures implemented to control health risks from exposure to lead at the workplace are reviewed and as necessary revised in the following circumstances:(a) a worker is removed from carrying out lead risk work at the workplace under clause 415,(b) the person obtains a health monitoring report for a worker under Division 4 that contains:(i) test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under clause 415, and(ii) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring, and(iii) any recommendation that the person conducting the business or undertaking take remedial measures, including a recommendation that the worker be removed from carrying out lead risk work at the workplace,(c) the control measure does not control the risk it was implemented to control so far as is reasonably practicable,Examples.(d) before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control,(e) a new relevant hazard or risk is identified,(f) the results of consultation by the person under the Act or this Regulation indicate that a review is necessary,(g) a health and safety representative requests a review under subclause (3),(h) the regulator requires the review,(i) at least once every 5 years.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(2) Without limiting subclause (1) (d), a change at the workplace includes:(a) a change to the workplace itself or any aspect of the work environment, or(b) a change to a system of work, a process or a procedure.(3) A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that:(a) a circumstance referred to in subclause (1) (a), (b), (c), (d), (e) or (f) affects or may affect the health and safety of a member of the work group represented by the health and safety representative, and(b) the duty holder has not adequately reviewed the control measure in response to the circumstance.
402 Identifying lead risk work
(1) A person conducting a business or undertaking at a workplace must assess each lead process carried out by the business or undertaking at the workplace to determine if lead risk work is carried out in the process.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) In assessing a lead process, the person must have regard to the following:(a) past biological monitoring results of workers,(b) airborne lead levels,(c) the form of lead used,(d) the tasks and processes required to be undertaken with lead,(e) the likely duration and frequency of exposure to lead,(f) possible routes of exposure to lead,(g) any information about incidents, illnesses or diseases in relation to the use of lead at the workplace.(3) In assessing a lead process, the person must not have regard to the effect of using personal protective equipment on the health and safety of workers at the workplace.(4) If a person conducting a business or undertaking at a workplace is unable to determine whether lead risk work is carried out in a lead process at the workplace, the process is taken to include lead risk work until the person determines that lead risk work is not carried out in the process.
403 Notification of lead risk work
(1) Subject to subclause (5), if a person conducting a business or undertaking at a workplace determines that work at the workplace is lead risk work, the person must give the regulator written notice within 7 days that the work is lead risk work.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(2) A notice under this clause must state the kind of lead process being carried out that includes the lead risk work.(3) The person must:(a) keep a copy of the notice given to the regulator while the lead risk work is carried out at the workplace, and(b) ensure that a copy of the notice is readily accessible to a worker who is likely to be exposed to lead, and the worker’s health and safety representative.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(4) Subclause (5) applies to an emergency service organisation in relation to work carried out by an emergency service worker who, at the direction of the emergency service organisation, is:(a) rescuing a person, or(b) providing first aid to a person.(5) The emergency service organisation must give notice under subclause (1) as soon as practicable after determining that the work is lead risk work.
404 Changes to information in notification of lead risk work
(1) A person conducting a business or undertaking at a workplace must give the regulator written notice of any change in the information given in a notice under clause 403 before the change or as soon as practicable after the person becomes aware of the change.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(2) The person must:(a) keep a copy of the notice given to the regulator while the lead risk work is carried out at the workplace, and(b) ensure that a copy of the notice is readily accessible to a worker who is likely to be exposed to lead, and the worker’s health and safety representative.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.
405 Duty to provide health monitoring before first commencing lead risk work
(1) A person conducting a business or undertaking at a workplace must ensure that health monitoring is provided to a worker:(a) before the worker first commences lead risk work for the person, and(b) 1 month after the worker first commences lead risk work for the person.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) If work is identified as lead risk work after a worker commences the work, the person conducting the business or undertaking must ensure that health monitoring of the worker is provided:(a) as soon as practicable after the lead risk work is identified, and(b) 1 month after the first monitoring of the worker under paragraph (a).Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
406 Duty to ensure that appropriate health monitoring is provided
Subject to clause 407, a person conducting a business or undertaking must ensure that health monitoring of a worker referred to in clause 405 includes health monitoring of a type referred to in an item in Schedule 14, table 14.2 unless:(a) an equal or better type of health monitoring is available, and(b) the use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
407 Frequency of biological monitoring
(1) A person conducting a business or undertaking at a workplace must arrange for biological monitoring of each worker who carries out lead risk work for the person to be carried out at the following times:(a) for females not of reproductive capacity and males:(i) if the last monitoring shows a blood lead level of less than 30µg/dL (1.45µmol/L)—6 months after the last biological monitoring of the worker, or(ii) if the last monitoring shows a blood lead level of 30µg/dL (1.45µmol/L) or more but less than 40µg/dL (1.93µmol/L)—3 months after the last biological monitoring of the worker, or(iii) if the last monitoring shows a blood lead level of 40µg/dL (1.93µmol/L) or more—6 weeks after the last biological monitoring of the worker,(b) for females of reproductive capacity:(i) if the last monitoring shows a blood lead level of less than 10µg/dL (0.48µmol/L)—3 months after the last biological monitoring of the worker, or(ii) if the last monitoring shows a blood lead level of 10µg/dL (0.48µmol/L) or more—6 weeks after the last biological monitoring of the worker.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must increase the frequency of biological monitoring of a worker who carries out lead risk work if the worker carries out an activity that is likely to significantly change the nature or increase the duration or frequency of the worker’s lead exposure.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) The regulator may determine a different frequency for biological monitoring of workers at a workplace, or a class of workers, carrying out lead risk work having regard to:(a) the nature of the work and the likely duration and frequency of the workers’ lead exposure, and(b) the likelihood that the blood lead level of the workers will significantly increase.(4) The regulator must give a person conducting a business or undertaking written notice of a determination under subclause (3) within 14 days after making the determination.(5) The person conducting a business or undertaking at the workplace must arrange for biological monitoring to be carried out at the frequency stated in a determination notified to the person under subclause (4).Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Note. A determination of a different frequency for biological monitoring is a reviewable decision (see clause 676).
408 Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience
(1) A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in this Division is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must consult the worker in relation to the selection of the registered medical practitioner.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
409 Duty to pay costs of health monitoring
(1) A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in this Division.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(2) If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.
410 Information that must be provided to registered medical practitioner
A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:(a) the name and address of the person conducting the business or undertaking,(b) the name and date of birth of the worker,(c) the lead risk work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring,(d) if the worker has started that work, how long the worker has been carrying out that work.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
411 Duty to obtain health monitoring report
(1) A person conducting a business or undertaking who commissioned health monitoring referred to in this Division must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The health monitoring report must include the following:(a) the name and date of birth of the worker,(b) the name and registration number of the registered medical practitioner,(c) the name and address of the person conducting the business or undertaking who commissioned the health monitoring,(d) the date of health monitoring,(e) if a blood sample is taken—the date the blood sample is taken,(f) the results of biological monitoring that indicate blood lead levels in the worker’s body,(g) the name of the pathology service used to carry out tests,(h) any test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under clause 415,(i) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring,(j) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring,Note. The duty under clause 415 to remove a worker from carrying out lead risk work applies even if there is no recommendation of a registered medical practitioner to do so.(k) whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.
412 Duty to give health monitoring report to worker
A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
413 Duty to give health monitoring report to regulator
A person conducting a business or undertaking for which a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to the worker to the regulator as soon as practicable after obtaining the report if the report contains:(a) test results that indicate that the worker has reached or exceeded the relevant blood lead level for that person under clause 415, or(b) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring, or(c) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work that triggered the requirement for health monitoring.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
414 Duty to give health monitoring report to relevant persons conducting businesses or undertakings
A person conducting a business or undertaking who commissioned health monitoring for a worker under this Division must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
415 Removal of worker from lead risk work
(1) A person conducting a business or undertaking for which a worker is carrying out work must immediately remove the worker from carrying out lead risk work if following health monitoring:(a) biological monitoring of the worker shows that the worker’s blood lead level is, or is more than:(i) for females not of reproductive capacity and males—50µg/dL (2.42µmol/L), or(ii) for females of reproductive capacity—20µg/dL (0.97µmol/L), or(iii) for females who are pregnant or breastfeeding—15µg/dL (0.72µmol/L), or(b) the registered medical practitioner who supervised the health monitoring recommends that the worker be removed from carrying out the lead risk work, or(c) there is an indication that a risk control measure has failed and, as a result, the worker’s blood lead level is likely to reach the relevant level for the worker referred to in paragraph (a).Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must notify the regulator as soon as practicable if a worker is removed from carrying out lead risk work under subclause (1).Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
416 Duty to ensure medical examination if worker removed from lead risk work
(1) This clause applies if a worker is removed from carrying out lead risk work under clause 415.(2) The person conducting the business or undertaking who removes the worker from carrying out lead risk work must arrange for the worker to be medically examined by a registered medical practitioner with experience in health monitoring within 7 days after the day the worker is removed.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) The person must consult the worker in the selection of the registered medical practitioner.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
417 Return to lead risk work after removal
(1) This clause applies if:(a) a worker is removed from carrying out lead risk work under clause 415, and(b) the person conducting a business or undertaking at the workplace who removed the worker expects the worker to return to carrying out lead risk work at the workplace.(2) The person conducting the business or undertaking must arrange for health monitoring under the supervision of a registered medical practitioner with experience in health monitoring at a frequency decided by the practitioner to determine whether the worker’s blood lead level is low enough for the worker to return to carrying out lead risk work.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) The person conducting the business or undertaking must ensure that the worker does not return to carrying out lead risk work until:(a) the worker’s blood lead level is less than:(i) for females not of reproductive capacity and males—40µg/dL (1.93µmol/L), or(ii) for females of reproductive capacity—10µg/dL (0.48µmol/L), and(b) a registered medical practitioner with experience in health monitoring is satisfied that the worker is fit to return to carrying out lead risk work.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
(1) A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record:(a) identified as a record in relation to the worker, and(b) for at least 30 years after the record is made.(2) The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker’s written consent.(3) Subclause (2) does not apply if the record is disclosed under clause 412, 413 or 414 or to a person who must keep the record confidential under a duty of professional confidentiality.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.