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Contents (2017 - 404)
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Work Health and Safety Regulation 2017
Current version for 15 November 2019 to date (accessed 11 December 2019 at 01:19)
Chapter 7 Part 7.1 Division 2 Subdivision 1
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—
(a)  the selection and use of label elements is in accordance with the GHS and it complies with Part 3 of Schedule 9, or
(b)  the label includes content that complies with another labelling requirement imposed by this Regulation or by another law of New South Wales or of the Commonwealth and the content is the same, or substantially the same, as the content that is required by 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 Poisons Standard, 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.
(7)  This clause does not apply to a hazardous chemical that is—
(a)  a veterinary chemical product within the meaning of the Agvet Code, and
(b)  listed in—
(i)  the Poisons Standard, Part 4, Schedule 4—if the chemical product is packaged and supplied in a form intended for direct administration to an animal for therapeutic purposes, or
(ii)  the Poisons Standard, Part 4, Schedule 8.
(8)  In this clause—
Poisons Standard means the Poisons Standard February 2019 published by the Commonwealth, as in force or remade from time to time.