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Contents (2001 - 648)
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Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 24 August 2019 at 01:20)
Chapter 6 Part 6.2
Part 6.2 Manufacture of hazardous substances
Note.
 See clause 7 (2) as to the extent of a manufacturer’s duties under this Part.
148   Application
(1)  This Part applies to hazardous substances manufactured for use at work.
(2)  A person who imports a substance manufactured outside New South Wales for supply to others or for the person’s own use must ensure that the responsibilities of a manufacturer under this Part are met in relation to the substance.
149   Manufacturer to identify hazardous substances
(1)  A manufacturer of a substance must, before the substance is used or supplied to another person for use at work, determine whether the substance is a hazardous substance:
(a)  by ascertaining whether it is listed in the document entitled “List of Designated Hazardous Substances [NOHSC: 10005 (1999)]” published by the NOHS Commission, or
(b)  by ascertaining whether it fits the criteria for hazardous substances set out in the document entitled “Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1999)]” published by the NOHS Commission.
Maximum penalty: Level 4.
(2)  If:
(a)  a manufacturer determines that a substance is a hazardous substance on the basis of the document entitled “Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1999)]” published by the NOHS Commission, and
(b)  the substance is a natural or artificial entity (and not any composite material, mixture or formulation), and
(c)  the substance is not listed on the document entitled “List of Designated Hazardous Substances [NOHSC: 10005 (1999)]” published by the NOHS Commission,
the manufacturer must, by notice in writing, inform the NOHS Commission of the determination.
Maximum penalty (subclause (2)): Level 3.
150   Manufacturer to prepare material safety data sheet
(1)  A manufacturer of a hazardous substance must prepare a material safety data sheet (MSDS) for the substance before the hazardous substance is supplied to another person for use at work.
Maximum penalty: Level 4.
(2)  The MSDS:
(a1)  must be in English, and
(a2)  must contain the date on which it was last reviewed or, if it has not been reviewed, the date of its preparation, and
(a)  must clearly identify each hazardous substance to which it relates, and
(b)  must set out the following information in relation to a hazardous substance to which it relates:
(i)  its recommended uses,
(ii)  its chemical and physical properties,
(iii)  information relating to each of its ingredients, to the extent required by subclause (3),
(iv)  any relevant health-hazard information,
(v)  information concerning the precautions to be followed in relation to its safe use and handling, and
(c)  must set out the name, and Australian address and telephone numbers (including an emergency number), of the manufacturer.
(3)  The following information must be disclosed by an MSDS about the ingredients of the hazardous substance to which it relates:
(a)  for each type I ingredient, its chemical name,
(b)  for each type II ingredient:
(i)  its chemical name, or
(ii)  if the identity of the ingredient is commercially confidential, its generic name,
(c)  for each type III ingredient:
(i)  its chemical name, or
(ii)  its generic name.
(4)  If a generic name is used to identify a type II ingredient under subclause (3) (b) (ii), the manufacturer must notify the NOHS Commission of the use of the generic name in a manner and form determined by the Commission.
Maximum penalty: Level 1.
(5)  If the manufacturer considers that compliance with subclause (3) (c) would not provide sufficient commercial protection for a type III ingredient, other than an ingredient that has a known synergistic effect or is a hazardous substance, the MSDS may indicate that the ingredient has been determined not to be hazardous by the use of the phrase “OTHER INGREDIENTS DETERMINED NOT TO BE HAZARDOUS”.
(6)  The manufacturer must review and revise the MSDS as often as is reasonably necessary to keep it up to date and, in any event, at intervals not exceeding 5 years.
Maximum penalty (subclause (6)): Level 4.
(7)  If a hazardous substance manufactured by a manufacturer is also dangerous goods, the MSDS prepared for the substance for the purposes of this clause:
(a)  may be a single MSDS that complies with both clause 174J and this clause if it is prepared before 1 September 2006, or
(b)  must be a single MSDS that complies with both clause 174J and this clause if it is prepared on or after 1 September 2006.
151   Manufacturer to provide MSDS
A manufacturer of a hazardous substance must provide a copy of a current MSDS for that hazardous substance:
(a)  to any person who supplies the hazardous substance for use at work, and
(b)  to any person who claims to be associated with the use of the hazardous substance at work and who asks to be provided with a copy of the MSDS, and
(c)  to any medical practitioner or health practitioner who requires it for the purpose of providing emergency medical treatment.
Maximum penalty: Level 3.
152   Manufacturer to disclose ingredients to medical practitioner
(1)  If an MSDS or label does not disclose the chemical name of an ingredient of a hazardous substance, the manufacturer of the hazardous substance must disclose the chemical identity of the ingredient to any medical practitioner or health practitioner who applies to the manufacturer for the disclosure of that information for the purpose of emergency medical treatment.
(2)  The manufacturer must immediately respond to the application but, on or after supplying any information, may require the medical practitioner or health practitioner concerned to sign a written undertaking that he or she will only use the information for the purpose for which it has been provided.
Maximum penalty: Level 3.
153   Manufacturer to disclose ingredients to other person
(1)  An application may be made to the manufacturer of a hazardous substance for the disclosure of the chemical identity of any ingredient of the substance that is not disclosed by the MSDS or label for the substance.
(2)  The manufacturer may require the application to be made in writing and to set out details of the grounds on which it is made.
(3)  The manufacturer must respond to the application within 30 days after it is received.
Maximum penalty: Level 2.
(4)  The manufacturer may make it a condition of the provision of any information in response to an application (other than an application by an authorised official within the meaning of section 137 of the Act) that the applicant sign a written undertaking that he or she will only use the information for the purpose for which it has been provided.
(5)  In the case of an application made by WorkCover, the Department Head (Mining), an employer or an employee or by a representative of an employer or employee, the manufacturer must disclose the chemical identity of the ingredient to the applicant if the application is made for the express purpose of protecting the health of persons who may be exposed to the hazardous substance through its use at work. However, if a condition has been imposed under subclause (4) in connection with the disclosure, the manufacturer may refuse the application if the applicant has not signed a written undertaking in accordance with the condition.
Maximum penalty: Level 3.
(6)  In any other case, the manufacturer may either disclose the chemical identity of the ingredient or else reject the application.
(7)  If the manufacturer rejects the application, the manufacturer:
(a)  must provide the applicant with written reasons for the rejection, and
(b)  must provide such information as is necessary to satisfy the grounds on which the application is made without disclosing the chemical identity of the ingredient.
Maximum penalty (subclause (7)): Level 2.
Note.
 Section 137 of the Act prohibits the disclosure by authorised officials of information obtained in connection with the administration or execution of the Act. “Authorised official” is defined in the section and includes such persons as inspectors and authorised representatives of industrial organisations.