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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 23 February 2020 at 23:01)
Chapter 7 Part 7.1 Division 2 Subdivision 3
Subdivision 3 Obligations of persons conducting businesses or undertakings
341   Labelling hazardous chemicals—general requirement
(1)  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.
(2)  Subclause (1) does not apply to a hazardous chemical if the chemical—
(a)  was supplied before 1 January 2017, and
(b)  was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note.
 Clause 338 applies if the chemical is being supplied to another workplace.
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.
(1A)  Subclause (1) does not apply to a hazardous chemical if the chemical—
(a)  was manufactured, or transferred or decanted from its original container at the workplace, before 1 January 2017, and
(b)  was, at the time it was manufactured, or transferred or decanted from its original container at the workplace, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note.
 Clause 338 applies if the chemical is being supplied to another workplace.
(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.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2A)  Subclause (2) does not apply to a container if the container—
(a)  was supplied before 1 January 2017, and
(b)  was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note.
 Clause 338 applies if the chemical in the container is being supplied to another workplace.
(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)).