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Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 22 April 2019 at 08:24)
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.