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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 20 September 2019 at 20:15)
Chapter 7 Part 7.1 Division 2 Subdivision 2
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.
 
1   
Decanting fuel into a fuel container.
2   
Refuelling a car.
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.