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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 6 December 2019 at 19:25)
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.