Dangerous Goods Safety Management Regulation 2001 (QLD)

Queensland Dangerous Goods Safety Management Act 2001 Dangerous Goods Safety Management Regulation 2001 Reprinted as in force on 25 June 2010 Reprint No. 2B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before lapse Lapsed by 2011 Act No. 18 s 278

Information about this reprint This regulation is reprinted as at 25 June 2010. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Dangerous Goods Safety Management Regulation 2001 Contents Part 1 1 2 3 4 5 6 7 Part 2 Division 1 8 9 10 11 Division 2 12 13 14 15 Part 3 Division 1 Subdivision 1 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Application of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Prescription for dangerous goods location . . . . . . . . . . . . . . . . . . 10 Prescription for major hazard facility or possible major hazard facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Conflict with standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Safety obligations for manufacturers, importers and suppliers Packing, marking and supply Determining whether goods are stated dangerous goods . . . . . . 10 Packing and marking by manufacturer or importer. . . . . . . . . . . . 11 Restrictions on supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Supply by retailer in purchaser’s container. . . . . . . . . . . . . . . . . . 13 Material safety data sheets Preparing, amending and reviewing MSDS . . . . . . . . . . . . . . . . . 13 Recognition of MSDS prepared under equivalent legislation . . . . 15 Manufacturer, importer or supplier to provide MSDS . . . . . . . . . . 16 Information to doctor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Safety obligations for occupiers Obligations applying to occupiers of major hazard facilities and dangerous goods locations Definition for div 1 Definition for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Dangerous Goods Safety Management Regulation 2001 Contents Subdivision 2 17 18 19 20 Subdivision 3 21 Subdivision 4 22 23 24 25 26 27 28 Subdivision 5 29 30 31 32 Subdivision 6 33 34 35 36 Subdivision 7 37 38 39 Subdivision 8 40 41 Hazard identification and risk assessment Identification of hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Risk assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of risk assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Copy of risk assessment to be available to persons likely to be exposed to a hazard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Risk minimisation by substitution of goods or reduction of quantity Occupier must consider substituting goods or reducing their quantity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Risk minimisation for storage and handling systems Use of new storage or handling system . . . . . . . . . . . . . . . . . . . . Separation by distance or barriers . . . . . . . . . . . . . . . . . . . . . . . . Operation of storage or handling system . . . . . . . . . . . . . . . . . . . Stated dangerous goods or combustible liquids in tanks . . . . . . . Cleaning or making safe decommissioned storage or handling systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection from impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of new systems or procedures . . . . . . . . . . . . . . . . . . . . . . . Risk minimisation for workers and visitors Induction, information, supervision, education and training . . . . . Personal protective or safety equipment for workers . . . . . . . . . . Risk to visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Security at facility or location . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stability and interaction of stated dangerous goods or combustible liquids Stability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preventing interaction with other goods . . . . . . . . . . . . . . . . . . . . Preventing contamination of food or personal products . . . . . . . . Elimination of ignition sources . . . . . . . . . . . . . . . . . . . . . . . . . . . Risk minimisation by spill control Spill containment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of stated dangerous goods or combustible liquids . . . . . Equipment for clean up. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Risk minimisation by providing information Material safety data sheets and other information . . . . . . . . . . . . Register of stated dangerous goods or combustible liquids . . . . . 18 19 19 20 20 21 21 22 22 23 23 24 24 26 26 26 27 28 28 28 29 30 30 31 32 Page 2

Dangerous Goods Safety Management Regulation 2001 Contents 42 43 44 Subdivision 9 45 46 47 48 Subdivision 10 50 51 52 53 54 55 Subdivision 11 56 Division 2 57 58 59 60 61 Division 3 62 Division 4 63 64 65 66 67 68 Records to be given to new occupier . . . . . . . . . . . . . . . . . . . . . . Marking of packages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marking of portable containers . . . . . . . . . . . . . . . . . . . . . . . . . . . Accidents Response to hazardous materials emergencies . . . . . . . . . . . . . Investigation of accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Risk assessment and control after accidents . . . . . . . . . . . . . . . . Particulars about accident may be requested by chief executive . Risk minimisation by warning placards Types of warning placards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of HAZCHEM outer warning placards . . . . . . . . . . . . . . Location of information placards . . . . . . . . . . . . . . . . . . . . . . . . . Form and dimensions of HAZCHEM outer warning placard . . . . Form and dimensions of information placards for stated dangerous goods or combustible liquids in tanks. . . . . . . . . . . . . Form and dimensions of information placards for stated dangerous goods or combustible liquids in packages . . . . . . . . . Risk minimisation by fire protection Fire protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further obligations applying to occupiers of major hazard facilities and large dangerous goods locations Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Manifest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Manifest must be kept up to date . . . . . . . . . . . . . . . . . . . . . . . . . Location of manifest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency plans and procedures . . . . . . . . . . . . . . . . . . . . . . . . Further obligation applying to occupiers of large dangerous goods locations Notification about large dangerous goods location . . . . . . . . . . . Obligations applying to occupiers of workplaces that are not major hazard facilities or dangerous goods locations Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identification of hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessment and minimisation of risk . . . . . . . . . . . . . . . . . . . . . . Clearing of decommissioned storage or handling systems . . . . . Induction, information, education, training and supervision . . . . . Personal protective or safety equipment for workers . . . . . . . . . . 33 33 34 35 35 36 36 37 38 38 39 39 40 40 42 42 42 43 43 44 44 45 45 45 46 46 Page 3

Dangerous Goods Safety Management Regulation 2001 Contents 69 70 71 72 73 74 75 76 77 Part 4 Division 1 78 79 80 Division 2 81 82 83 Division 3 84 85 86 87 88 89 90 91 92 93 Division 4 94 95 96 Security at workplace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preventing interaction with other goods . . . . . . . . . . . . . . . . . . . . Preventing contamination of food or personal products . . . . . . . . Elimination of ignition sources . . . . . . . . . . . . . . . . . . . . . . . . . . . Spill containment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Material safety data sheets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of stated dangerous goods or combustible liquids . . . . . Marking of packages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information placards for stated dangerous goods or combustible liquids in tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Flammable and combustible liquids Application of part Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Devolution to local government . . . . . . . . . . . . . . . . . . . . . . . . . . Separation distances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . Storage of flammable and combustible liquids on premises. . . . . Licensee must comply with licence conditions . . . . . . . . . . . . . . . Licences to store flammable or combustible liquids Application for licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consideration of application for licence . . . . . . . . . . . . . . . . . . . . Criteria for granting application for licence . . . . . . . . . . . . . . . . . . Inquiries into application for licence . . . . . . . . . . . . . . . . . . . . . . . Decision on application for licence . . . . . . . . . . . . . . . . . . . . . . . . Failure to decide application for licence . . . . . . . . . . . . . . . . . . . . When licence becomes effective . . . . . . . . . . . . . . . . . . . . . . . . . Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal of licences Applications for renewal of licence . . . . . . . . . . . . . . . . . . . . . . . . Inquiries into application for renewal of licence . . . . . . . . . . . . . . Licence taken to be in force while application for renewal is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 47 47 47 48 48 49 50 50 51 51 52 52 52 53 53 54 54 55 56 56 57 57 57 58 58 59 59 Page 4

Dangerous Goods Safety Management Regulation 2001 Contents Division 5 97 98 Division 6 99 100 Division 7 101 102 103 104 105 106 Division 8 107 108 109 110 Division 9 Subdivision 1 111 112 113 114 115 Subdivision 2 116 Division 10 123 124 125 Schedule 1 1 2 Amendment of licences Application for amendment of licence. . . . . . . . . . . . . . . . . . . . . . Inquiries into application for amendment . . . . . . . . . . . . . . . . . . . Transfer of licences Application for transfer of licence . . . . . . . . . . . . . . . . . . . . . . . . . Inquiries into application for transfer of licence . . . . . . . . . . . . . . Suspension or cancellation of licences Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representations about show cause notices . . . . . . . . . . . . . . . . . Ending show cause process without further action . . . . . . . . . . . Suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of cancelled licence to chief executive officer . . . . . . . . . . Other provisions about licences Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licence issued to more than 1 person . . . . . . . . . . . . . . . . . . . . . Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internal and external review Internal review of decisions Review process starts with internal review. . . . . . . . . . . . . . . . . . Application for internal review to be made to the chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applying for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internal review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . External review by QCAT External review of internal review decision. . . . . . . . . . . . . . . . . . Transitional Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pending applications about licences . . . . . . . . . . . . . . . . . . . . . . Licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescription for dangerous goods locations and large dangerous goods locations . . . . . . . . . . . . . . . . . . . . . . . . . . . What are stated dangerous goods or combustible liquids . . . . . . When is a place a dangerous goods location. . . . . . . . . . . . . . . . 60 60 61 62 62 63 63 63 64 64 65 65 66 66 67 67 67 67 68 69 69 69 70 71 71 71 Page 5

Dangerous Goods Safety Management Regulation 2001 Contents 3 4 5 6 7 Schedule 2 1 2 3 Schedule 3 1 2 3 4 5 Schedule 4 1 2 3 4 5 6 7 8 Schedule 5 When is a dangerous goods location a large dangerous goods location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to calculate quantity of stated dangerous goods or combustible liquids in packages . . . . . . . . . . . . . . . . . . . . . . . . . . How to calculate quantity of stated dangerous goods or combustible liquids in tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to calculate quantity of solid stated dangerous goods not in a tank or package . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to calculate quantity of articles or things . . . . . . . . . . . . . . . Hazardous materials and prescribed quantities for major hazard facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed quantity for a hazardous material or for a type, class or category of hazardous material . . . . . . . . . . . . . . . . . . . . . . . . Calculating prescribed quantity for more than 1 hazardous material ........................................ How to calculate quantity of material . . . . . . . . . . . . . . . . . . . . . . Requirements for warning placards . . . . . . . . . . . . . . . . . . . . HAZCHEM outer warning placard . . . . . . . . . . . . . . . . . . . . . . . . Information placard for stated dangerous goods of class 2, 3, 4, 5, 6.1, 8 or 9 stored in tanks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information placard for tanks containing goods too dangerous to be transported . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information placard for stated dangerous goods stored in packages ....................................... Information placard for stated combustible liquids in tanks or packages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information to be contained in a manifest . . . . . . . . . . . . . . . Information that manifest must contain. . . . . . . . . . . . . . . . . . . . . General information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency contacts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dangerous goods or combustible liquids stored in tanks other than in IBCs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dangerous goods or combustible liquids in packages or IBCs . . Dangerous goods or combustible liquids in manufacture . . . . . . . Dangerous goods in transit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plan of premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 75 75 75 76 77 77 77 78 87 87 87 88 90 92 93 93 93 93 93 94 95 95 95 97 Page 6

Dangerous Goods Safety Management Regulation 2001 Contents Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 101 101 102 102 103 Page 7

Dangerous Goods Safety Management Regulation 2001 Part 1 Preliminary [s 1] Dangerous Goods Safety Management Regulation 2001 [as amended by all amendments that commenced on or before 25 June 2010] Part 1 Preliminary 1 Short title This regulation may be cited as the Dangerous Goods Safety Management Regulation 2001 . 2 Commencement This regulation commences on 7 May 2002. 3 Definitions The dictionary in schedule 5 defines particular words used in this regulation. 4 Application of regulation This regulation does not apply to stated dangerous goods or combustible liquids at a place if— (a) the goods or liquids are on a vehicle at the place, and are in transit; and (b) the vehicle, and the goods or liquids comprising the vehicle’s load, comply with the ADG Code, the IMDG Code or the IATA Regulations. Reprint 2B effective 25 June 2010 Page 9

Dangerous Goods Safety Management Regulation 2001 Part 2 Safety obligations for manufacturers, importers and suppliers [s 5] 5 Prescription for dangerous goods location (1) Schedule 1 states which dangerous goods or combustible liquids are stated dangerous goods or combustible liquids for section 48(4) of the Act. (2) Schedule 1 also prescribes the minimum quantities of the stated dangerous goods or combustible liquids to decide— (a) whether a place is a dangerous goods location; and (b) if it is a dangerous goods location—whether it is a large dangerous goods location. 6 Prescription for major hazard facility or possible major hazard facility For sections 31(2) and 33(1)(a) of the Act, schedule 2 prescribes quantities of hazardous materials stored or handled or that are likely to be stored or handled. 7 Conflict with standards If there is a conflict between this regulation and an Australian Standard mentioned in this regulation, this regulation prevails. Part 2 Safety obligations for manufacturers, importers and suppliers Division 1 Packing, marking and supply 8 Determining whether goods are stated dangerous goods (1) This section applies if there are reasonable grounds for a manufacturer or importer to suspect that goods in the Page 10 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 2 Safety obligations for manufacturers, importers and suppliers [s 9] manufacturer’s or importer’s possession are stated dangerous goods. (2) The manufacturer or importer must determine whether or not the goods are stated dangerous goods and, if the manufacturer or importer determines the goods are stated dangerous goods, except for goods too dangerous to be transported, must assign the appropriate UN number, class, subsidiary risk and packing group under the ADG Code. Maximum penalty—20 penalty units. (3) The requirements under subsection (2) must be complied with— (a) for a manufacturer, as soon as practicable after manufacture, but before supplying the goods to any person; and (b) for an importer, before supplying the goods to any person. (4) A manufacturer or importer is taken to have complied with subsection (2) if the stated dangerous goods were assigned a UN number, class, subsidiary risk and packing group under corresponding legislation. 9 Packing and marking by manufacturer or importer (1) Before supplying stated dangerous goods (other than goods too dangerous to be transported) to a person, a manufacturer or importer of the goods, who assigns a UN number, class, subsidiary risk and packing group to the goods, must ensure that the provisions of the ADG Code are complied with for— (a) the condition of the goods; and (b) packages for the goods; and (c) package marking for the goods. Maximum penalty—20 penalty units. (2) However it is sufficient compliance with subsection (1)(c) if the stated goods are labelled under the GHS. Reprint 2B effective 25 June 2010 Page 11

Dangerous Goods Safety Management Regulation 2001 Part 2 Safety obligations for manufacturers, importers and suppliers [s 10] (3) Before supplying goods too dangerous to be transported or C1 combustible liquids to a person, a manufacturer or importer of the goods or liquids must ensure that the goods or liquids are packed in packages that are— (a) of a type and in a condition that will retain the goods or liquids and will not react adversely with the goods or liquids; and (b) clearly marked with the name of the goods or liquids. Maximum penalty—20 penalty units. (4) A manufacturer or importer is taken to have complied with subsection (1) or (2) if the goods or liquids are packed and the packages marked under corresponding legislation. 10 Restrictions on supply (1) Before a person, other than as the manufacturer or importer, (the first person ) supplies the stated dangerous goods (other than goods too dangerous to be transported) to another person the first person must ensure that the provisions of the ADG Code are complied with for— (a) the condition of the goods; and (b) packages and package marking for the goods. Maximum penalty—20 penalty units. (2) Before supplying goods too dangerous to be transported or C1 combustible liquids to another person, the first person must ensure that the goods or liquids are packed in packages that are— (a) of a type and in a condition that will retain the goods or liquids and will not react adversely with the goods or liquids; and (b) clearly marked with the name of the goods or liquids. Maximum penalty—20 penalty units. Page 12 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 2 Safety obligations for manufacturers, importers and suppliers [s 11] (3) A person is taken to have complied with subsection (1) or (2) if the goods or liquids are packed and the packages marked under corresponding legislation. (4) This section does not apply to a retailer who complies with section 11. 11 Supply by retailer in purchaser’s container A retailer who supplies stated dangerous goods or combustible liquids in a container provided by a purchaser must— (a) for class 2 stated dangerous goods, ensure the container is a package that meets the requirements of the ADG Code that relate to packages for the goods; and (b) for other stated dangerous goods or combustible liquids, take all reasonable steps to ensure that the container— (i) is of a type and in a condition that will retain the stated dangerous goods or combustible liquids and will not react adversely with the stated dangerous goods or combustible liquids; and (ii) has the name of the stated dangerous goods or combustible liquids clearly marked on the container; and (iii) is not ordinarily used to contain foodstuffs. Maximum penalty—20 penalty units. Division 2 Material safety data sheets 12 Preparing, amending and reviewing MSDS (1) A manufacturer or importer must— (a) prepare a document complying with this section (a material safety data sheet or MSDS ) for stated dangerous goods— Reprint 2B effective 25 June 2010 Page 13

Dangerous Goods Safety Management Regulation 2001 Part 2 Safety obligations for manufacturers, importers and suppliers [s 12] (i) before first manufacturing or importing the goods; or (ii) if that is not practicable—as soon as practicable after first manufacturing or importing the goods; and Example of paragraph (a)(ii) — It may not be practicable to prepare a MSDS before first manufacturing stated dangerous goods that are discovered through research. (b) review the MSDS at least once every 5 years; and (c) amend the MSDS whenever necessary to ensure it contains current information. Maximum penalty—20 penalty units. (2) The MSDS must— (a) be in English; and (b) contain unit measures commonly used in Australia; and (c) state the date it was last reviewed or, if it has not been reviewed, the date of its preparation; and (d) state the product name for the stated dangerous goods; and (e) for the stated dangerous goods (other than goods too dangerous to be transported), state the proper shipping name, UN number, class, subsidiary risk and packing group; and (f) for goods too dangerous to be transported, state the name of the goods listed in the ADG Code; and (g) state the following information for the stated dangerous goods— (i) the chemical and physical properties; (ii) the health and safety hazards; (iii) the safe use; (iv) the first aid information; and Page 14 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 2 Safety obligations for manufacturers, importers and suppliers [s 13] (h) state the importer’s or manufacturer’s name, Australian address and Australian telephone number; and (i) state the following information about the stated dangerous goods— (i) the chemical name of the ingredients of the goods or, if the identity of an ingredient is commercially confidential, the generic name for the ingredient; (ii) the proportion or the proportion ranges of the ingredients in the goods. (3) However, subsection (2)(i) does not apply if— (a) the manufacturer or importer considers giving the information about an ingredient would cause commercial disadvantage; and (b) the ingredient is not dangerous goods; and (c) the ingredient does not have a known synergistic effect; and (d) the manufacturer or importer states on the MSDS for the ingredient the words— ‘other ingredients determined not to be dangerous goods’. 13 Recognition of MSDS prepared under equivalent legislation (1) Section 12 does not apply to a manufacturer or importer if the manufacturer or importer has already prepared a MSDS for stated dangerous goods under equivalent legislation. (2) Also, section 12 does not apply if— (a) the importer or manufacturer has already prepared a safety data sheet for the stated dangerous goods under the GHS; and (b) the safety data sheet also states the importer’s or manufacturer’s name, Australian address and Australian telephone number. Reprint 2B effective 25 June 2010 Page 15

Dangerous Goods Safety Management Regulation 2001 Part 2 Safety obligations for manufacturers, importers and suppliers [s 14] (3) In this section equivalent legislation means— (a) the Workplace Health and Safety Regulation 2008 ; or (b) a law of the Commonwealth or another State that has requirements substantially the same as those under section 12. 14 Manufacturer, importer or supplier to provide MSDS (1) A manufacturer, importer or supplier of stated dangerous goods must ensure that a copy of the current MSDS for the goods is provided— (a) to a person to whom the goods are supplied on or before the first occasion the goods are supplied for use to the person; and (b) if the MSDS is amended under section 12, to a person to whom the goods are supplied for use on or before the first occasion the goods are supplied to the person after the amendment; and (c) on request— (i) to the occupier of a major hazard facility, dangerous goods location or workplace where the goods are stored and handled; or (ii) to the chief executive. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply to a supplier— (a) if the supplier is a retailer or a retail warehouse operator and the stated dangerous goods are supplied in consumer packages; or (b) if the supplier is a retailer supplying fuel to a vehicle; or (c) if the supplier is a retailer to whom section 11 applies. Page 16 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 15] 15 Information to doctor (1) Despite anything in this division, a manufacturer or importer of stated dangerous goods must disclose the chemical name of an ingredient of the goods to a doctor if— (a) the MSDS for the goods, or the marking on the container in which the goods are supplied, does not disclose the chemical name of the ingredient; and (b) the doctor requests the chemical name of the ingredient to help with the management of the doctor’s patient. (2) The manufacturer or importer must immediately comply with a request from a doctor under subsection (1). Maximum penalty—20 penalty units. Part 3 Safety obligations for occupiers Division 1 Obligations applying to occupiers of major hazard facilities and dangerous goods locations Subdivision 1 Definition for div 1 16 Definition for div 1 In this division— occupier means the occupier of— (a) a major hazard facility; or (b) a dangerous goods location. Reprint 2B effective 25 June 2010 Page 17

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 17] Subdivision 2 Hazard identification and risk assessment 17 Identification of hazards (1) The occupier must ensure that a hazard associated with the storage or handling of dangerous goods or combustible liquids at the occupier’s facility or location is, to the extent possible having regard to the current state of knowledge about the hazard, identified and recorded. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) For subsection (1) and without limiting the subsection, the occupier, when identifying hazards for dangerous goods or combustible liquids, must have regard to— (a) the chemical and physical properties of the goods or liquids; and (b) the MSDS and any other information about the hazardous properties of the goods or liquids; and (c) any manufacturing and transport processes involving the goods or liquids at the occupier’s facility or location; and (d) the structures, plant, systems of work and activities used in the storage or handling of the goods or liquids at the occupier’s facility or location; and (e) the physical location and arrangement of areas, structures and safety and health systems at the occupier’s facility or location; and (f) the structures, plant, systems of work and activities that are not used to store or handle the goods or liquids but could interact with the goods or liquids at the occupier’s facility or location; and Page 18 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 18] (g) the chemical and physical reaction between the goods or liquids and other substances and articles with which the goods or liquids may come into contact at the occupier’s facility or location; and (h) any previous incidents involving the goods or liquids. 18 Risk assessment (1) If a hazard is identified under section 17, the occupier must ensure that— (a) an assessment is made of the risks associated with the hazard (a risk assessment ); and (b) a dated written record is kept of the risk assessment. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) For subsection (1), the occupier must— (a) have regard to the matters stated in section 17(2); and (b) in the risk assessment, state the methods considered and those implemented to control the risks associated with the hazard to achieve an acceptable level of risk. 19 Review of risk assessment (1) The occupier must review a risk assessment and keep a dated written record of the review— (a) if there is a significant change to a process, system or procedure in relation to the storage or handling of dangerous goods or combustible liquids at the occupier’s facility or location; or (b) if there is evidence to indicate that the risk assessment no longer adequately assesses the risk associated with a hazard. Maximum penalty— Reprint 2B effective 25 June 2010 Page 19

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 20] (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) A risk assessment must be reviewed at least once every 5 years. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. Editor’s note — Section 47 requires the review of the risk assessment under this section after an accident involving stated dangerous goods or combustible liquids causing material harm. 20 Copy of risk assessment to be available to persons likely to be exposed to a hazard (1) This section applies if a risk assessment has been made for a hazard at an occupier’s facility or location. (2) The occupier must make a copy of the written record of the risk assessment available to persons likely to be exposed to the hazard while working at the facility or location. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. Subdivision 3 Risk minimisation by substitution of goods or reduction of quantity 21 Occupier must consider substituting goods or reducing their quantity To achieve an acceptable level of risk for the storage or handling of stated dangerous goods or combustible liquids at an occupier’s facility or location, the occupier must consider— Page 20 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 22] (a) substituting other goods, or other stated dangerous goods or combustible liquids, that have a lower risk associated with their storage and handling; and (b) reducing the quantity of stated dangerous goods or combustible liquids handled. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. Subdivision 4 Risk minimisation for storage and handling systems 22 Use of new storage or handling system (1) The occupier must not use a new storage or handling system without first ensuring that the system is designed, constructed and installed so that, when used properly, risk is at an acceptable level. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) For this section, a storage or handling system is taken to be new if— (a) the system has not previously been used for the storage or handling of stated dangerous goods or combustible liquids at the occupier’s facility or location; or (b) if the system has been previously so used, the system has been altered in a way that may create a new or different risk associated with that use. 23 Separation by distance or barriers (1) The occupier must, by the design and location of storage or handling systems at the occupier’s facility or location, Reprint 2B effective 25 June 2010 Page 21

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 24] minimise the risk from a hazardous materials emergency to persons, property or the environment outside the boundary of the facility or location. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) For subsection (1), the occupier must consider— (a) the distance dangerous goods or combustible liquids are stored or handled from the boundary; and (b) separating the goods or liquids from the persons, property or environment by physical barriers. 24 Operation of storage or handling system (1) The occupier must ensure that a storage or handling system at the occupier’s facility or location is commissioned, operated, tested, maintained, repaired and decommissioned so that risk is at an acceptable level. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) If the maintenance or repair involves the use of welding, cutting or other processes that generate heat or introduce ignition sources, the occupier must ensure that the risk of a fire or explosion involving stated dangerous goods or combustible liquids is at an acceptable level. 25 Stated dangerous goods or combustible liquids in tanks If the occupier stores stated dangerous goods or combustible liquids in a tank at the occupier’s facility or location, the occupier must ensure that— (a) the tank and its associated pipework are provided with stable foundations and supports; and Page 22 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 26] (b) pipework or equipment connected to the tank is installed in a way that prevents excessive stress on the tank, pipework or equipment; and (c) the tank and its associated pipework are inspected at intervals that are adequate to ensure their integrity and serviceability; and (d) a dated written record is made of the results of inspections and kept while the tank remains in service at the occupier’s facility or location. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. 26 Cleaning or making safe decommissioned storage or handling systems (1) This section applies if a storage or handling system at an occupier’s facility or location is to be disposed of or no longer used for the storage or handling of stated dangerous goods or combustible liquids. (2) The occupier must ensure that the storage or handling system is— (a) thoroughly cleaned so that the system is, as far as practicable, free from stated dangerous goods or combustible liquids; or (b) otherwise made safe. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. 27 Protection from impact The occupier must ensure that stated dangerous goods or combustible liquids and storage or handling systems at the Reprint 2B effective 25 June 2010 Page 23

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 28] occupier’s facility or location are, as far as practicable, protected against damage from impact with vehicles, mobile plant or other things at the facility or location. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. 28 Use of new systems or procedures (1) The occupier must not use a new system or procedure for the storage or handling of stated dangerous goods or combustible liquids at the occupier’s facility or location without first ensuring that the risk associated with the system or procedure is at an acceptable level. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) A system or procedure is taken to be new if— (a) the system or procedure has not previously been used for the storage or handling of stated dangerous goods or combustible liquids at the facility or location; or (b) the system or procedure has previously been so used and has been altered in a way that may create a new or different risk associated with that use. Subdivision 5 Risk minimisation for workers and visitors 29 Induction, information, supervision, education and training (1) For section 23(1)(d) of the Act, for a person involved with the storage or handling of stated dangerous goods or combustible liquids at the occupier’s facility or location, the occupier must Page 24 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 29] ensure that the person is provided with induction, information, supervision, education and training— (a) in a language or manner appropriate to the person; and (b) relevant to the roles and duties undertaken by the person and the risks associated with the roles and duties. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) The occupier must ensure that the induction, information, education and training provided to the person includes instruction in— (a) the nature of the hazards and properties of the stated dangerous goods or combustible liquids; and (b) the processes used to identify, assess and control the risks associated with the person’s roles and duties; and (c) the use and maintenance of the processes to control the risks; and (d) the appropriate use and fitting of personal protective equipment. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (3) A dated written record of induction, information, education or training carried out under this section must be made and kept for at least 5 years. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. Reprint 2B effective 25 June 2010 Page 25

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 30] 30 Personal protective or safety equipment for workers (1) This section applies if the occupier requires an employee or other person exposed to stated dangerous goods or combustible liquids to use personal protective equipment or safety equipment to achieve an acceptable level of risk. (2) The occupier must provide and maintain personal protective equipment or safety equipment that is suitable for use with the goods or liquids. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (3) A person must not wilfully damage or make ineffective personal protective equipment or safety equipment. Maximum penalty—30 penalty units. 31 Risk to visitors The occupier must ensure that a visitor to the occupier’s facility or location is provided with the information, safety instructions and supervision necessary to ensure that risk to the visitor or any other person at the facility or location is minimised as far as reasonably practicable. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. 32 Security at facility or location The occupier must, as far as practicable, prevent access by unauthorised persons to stated dangerous goods or combustible liquids stored or handled at the occupier’s facility or location. Page 26 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 33] Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. Subdivision 6 Stability and interaction of stated dangerous goods or combustible liquids 33 Stability (1) The occupier must ensure, as far as practicable, that stated dangerous goods or combustible liquids do not become unstable, decompose or change so as to— (a) create a hazard that is different from the hazard originally created by the stated dangerous goods or combustible liquids; or (b) increase the risk associated with the stated dangerous goods or combustible liquids. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) For subsection (1) but without limiting the subsection, the occupier must ensure that— (a) if the stability of the stated dangerous goods or combustible liquids is dependent on the maintenance of levels of stabilisers—the levels are maintained as specified by the manufacturer of the goods or liquids; and (b) if the stated dangerous goods or combustible liquids are required to be stored or handled below a particular control temperature specified by the manufacturer—the goods or liquids are stored below that temperature. Reprint 2B effective 25 June 2010 Page 27

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 34] Example of paragraph (b) — Organic peroxides should be stored below their self-accelerating decomposition temperature. (3) Subsection (2) does not apply to stated dangerous goods or combustible liquids that are about to be used in a manufacturing process. 34 Preventing interaction with other goods The occupier must ensure stated dangerous goods or combustible liquids that are not compatible with other goods or liquids (including other stated dangerous goods or combustible liquids) are stored separately from the other goods or liquids so that a loss of containment can not cause a dangerous situation. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. 35 Preventing contamination of food or personal products The occupier must ensure that stated dangerous goods or combustible liquids stored or handled at the occupier’s facility or location can not contaminate food, food packaging or personal use products. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. 36 Elimination of ignition sources (1) The occupier must ensure ignition sources in a hazardous area at the occupier’s facility or location— (a) are eliminated; or Page 28 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 37] (b) if it is not reasonably practicable to eliminate the sources, are controlled so that risk is at an acceptable level. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) In this section— hazardous area has the meaning given by AS 2430–‘Classification of Hazardous Areas’. Subdivision 7 Risk minimisation by spill control 37 Spill containment (1) This section applies to each area of a major hazard facility or dangerous goods location where stated dangerous goods or combustible liquids are stored or handled. (2) The occupier must ensure that provision is made for spill containment that will, as far as practicable, contain within the occupier’s facility or location a spill or leak of stated dangerous goods or combustible liquids. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (3) For stated dangerous goods or combustible liquids contained in a tank, the spill containment for the tank must not be shared with other goods or liquids that are not compatible with the stated dangerous goods or combustible liquids in the tank. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. Reprint 2B effective 25 June 2010 Page 29

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 38] (4) If a spill or leak of stated dangerous goods or combustible liquids happens, the occupier must ensure that— (a) immediate action is taken to reduce any risk associated with the spill or leak; and (b) the stated dangerous goods or combustible liquids and any resulting effluent are, as soon as reasonably practicable— (i) cleaned up and disposed of; or (ii) otherwise treated so that risk is at an acceptable level. 38 Transfer of stated dangerous goods or combustible liquids (1) This section applies to the transfer of stated dangerous goods or combustible liquids— (a) from area to area within a major hazard facility or dangerous goods location; or (b) from or into a container on the facility or location. (2) The occupier of the facility or location must, to the extent necessary to achieve an acceptable level of risk— (a) control spills, leaks and overflows; and (b) minimise static electricity; and (c) control vapour generation. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. 39 Equipment for clean up The occupier must ensure that equipment and materials appropriate for use for the containment and clean up of reasonably foreseeable spills or leaks of stated dangerous goods or combustible liquids are— Page 30 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 40] (a) kept at the occupier’s facility or location; and (b) accessible at all times to persons at the facility or location. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. Subdivision 8 Risk minimisation by providing information 40 Material safety data sheets and other information (1) The occupier must, for stated dangerous goods stored or handled, or proposed to be stored or handled at the occupier’s facility or location— (a) obtain a current MSDS on or before the first occasion the goods are supplied to the facility or location; and (b) ensure that a current MSDS is readily accessible to persons at the facility or location and to emergency services; and (c) not amend a MSDS other than— (i) under section 12; or (ii) when an overseas MSDS needs to be reformatted so it can be easily understood by persons at the facility or location. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) Subsection (1)(a) and (b) do not apply for stated dangerous goods that are— (a) in transit; or Reprint 2B effective 25 June 2010 Page 31

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 41] (b) stored or handled at a retail outlet in consumer packages that are sold unopened. (3) If, because of subsection (2), the occupier is not required to have, and does not have, a MSDS for stated dangerous goods, the occupier must ensure that alternative information for the safe storage and handling of the goods is readily accessible to persons at the facility or location. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (4) If an occupier who provides a MSDS for stated dangerous goods also provides other information about the safe storage and handling of the goods, the occupier must ensure that the other information is— (a) consistent with the information contained in the MSDS; and (b) clearly identified as information provided by the occupier. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. 41 Register of stated dangerous goods or combustible liquids (1) The occupier must ensure that— (a) a register is kept and maintained for stated dangerous goods or combustible liquids stored or handled at the occupier’s facility or location; and (b) the register contains a list of all stated dangerous goods or combustible liquids stored or handled at the facility or location and, if required, a MSDS for each of the stated dangerous goods; and Page 32 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 42] (c) the register is readily accessible to persons at the facility or location. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) Subsection (1) does not apply to stated dangerous goods or combustible liquids— (a) received in packages not large enough to require marking under the ADG Code; or (b) in transit. 42 Records to be given to new occupier If a person ceases to be the occupier of a facility or location and there is a new occupier of the facility or location, the person must, on ceasing to be occupier, give the new occupier— (a) the register under section 41; and (b) the written records under sections 18, 19, 25(d), 29(3) and 46(c). Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. 43 Marking of packages (1) If an occupier receives a package of stated dangerous goods or combustible liquids at the occupier’s facility or location and the occupier knows, or ought reasonably to know, the package is not marked under section 9, the occupier must— (a) not accept the goods; or (b) accept the goods and mark the package under the ADG Code; or Reprint 2B effective 25 June 2010 Page 33

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 44] (c) accept the goods and label the stated dangerous goods or combustible liquids under the GHS. Maximum penalty—20 penalty units. (2) The occupier must ensure that, while a package of stated dangerous goods or combustible liquids is at the occupier’s facility or location— (a) the marking of the package complies with the ADG Code; or (b) if the stated dangerous goods or combustible liquids are to be used by the occupier only at the occupier’s facility or location—the stated dangerous goods or combustible liquids are labelled under the GHS. Maximum penalty—20 penalty units. (3) The occupier must ensure that, once stated dangerous goods or combustible liquids at the occupier’s facility or location are removed from the package and the package is free of the goods or liquids, the marking on the package is removed or otherwise made illegible. Maximum penalty—20 penalty units. 44 Marking of portable containers (1) If stated dangerous goods or combustible liquids are transferred into a portable container for use at an occupier’s facility or location, the occupier must ensure that— (a) the container is clearly labelled with the class label, subsidiary risk label and product name of the stated dangerous goods; or (b) if it is not possible to label the container under paragraph (a), another way of clearly identifying the goods or liquids is used. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. Page 34 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 45] (2) Subsection (1) does not apply if the goods or liquids are to be used immediately and the container thoroughly cleaned so the container is, as far as practicable, free from the goods or liquids. Subdivision 9 Accidents 45 Response to hazardous materials emergencies (1) This section applies if a hazardous materials emergency happens at an occupier’s facility or location. (2) The occupier must respond to the emergency by ensuring that— (a) immediate action is taken to assess and control any risk associated with the emergency, including by making safe, so far as is practicable, the area, and plant and equipment, affected by the emergency; and (b) only persons essential to carry out the action mentioned in paragraph (a) remain in the vicinity of the emergency; and (c) the risk to persons carrying out the action mentioned in paragraph (a) is minimised as far as reasonably practicable. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (3) The duties of the occupier under subsection (2)(b) and (c) do not apply to emergency services. 46 Investigation of accident If an accident at an occupier’s facility or location involves stated dangerous goods or combustible liquids and causes material harm, the occupier must ensure that— Reprint 2B effective 25 June 2010 Page 35

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 47] (a) the accident is investigated; and (b) the investigation, as far as practicable, determines the cause or likely cause of the accident; and (c) a dated written record of the investigation is— (i) made; and (ii) kept for the life of the facility or location; and (iii) if requested, readily available to the chief executive. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. 47 Risk assessment and control after accidents The occupier of a facility or location where an accident mentioned in section 46 has happened must as soon as reasonably practicable— (a) review the risk assessment under section 19, taking into account the results of the investigation into the accident; and (b) if the review identifies that risk is not at an acceptable level, take the action necessary to achieve an acceptable level of risk. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. 48 Particulars about accident may be requested by chief executive The occupier of the facility or location where an accident mentioned in section 46 has happened must, if requested by the chief executive, give to the chief executive, as soon as reasonably practicable, details of— Page 36 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 50] (a) the cause and effect of the accident; and (b) any action taken or proposed to be taken by the occupier under sections 46 and 47. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. Subdivision 10 Risk minimisation by warning placards 50 Types of warning placards (1) The occupier must display warning placards of the following types at the occupier’s facility or location— (a) a HAZCHEM outer warning placard; (b) an information placard for stated dangerous goods or combustible liquids stored— (i) in tanks; or (ii) in packages. Maximum penalty—30 penalty units. (2) Subsection (1) does not apply to liquified petroleum gas stored in packages outside a building and connected by piping to appliances that use gas within the building. (3) Also, subsection (1)(b)(ii) applies only to each area at a facility or location where stated dangerous goods or combustible liquids mentioned in column 1 of the table in schedule 1 are stored in packages in at least the quantity mentioned in column 3 of the table for the goods or liquids. (4) The occupier must ensure the warning placard— (a) is made of durable and weather-resistant material; and Reprint 2B effective 25 June 2010 Page 37

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 51] (b) is maintained in good repair and is, and stays, legible. Maximum penalty for subsection (4)—30 penalty units. 51 Location of HAZCHEM outer warning placards (1) The occupier must display a HAZCHEM outer warning placard at every entrance to the occupier’s facility or location so that it is clearly visible by a person approaching the entrance. Maximum penalty—30 penalty units. (2) Subsection (1) does not apply to an entrance used by a train. 52 Location of information placards (1) The occupier must display an information placard within the occupier’s facility or location so that it is clearly visible from normal approaches. Maximum penalty—30 penalty units. (2) For stated dangerous goods or combustible liquids stored in an indoor area, the occupier must display the placard— (a) at the main point of entry to a building where the goods or liquids are stored; and (b) either— (i) at every point of entry to a room, enclosure or other area where the goods or liquids are stored; or (ii) adjacent to the goods or liquids. Maximum penalty—30 penalty units. (3) For stated dangerous goods or combustible liquids stored in an outdoor area, the occupier must display the placard either— (a) adjacent to the goods or liquids; or (b) for goods or liquids in a tank, adjacent to the goods or liquids or on the external surface of the tank. Page 38 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 53] Maximum penalty—30 penalty units. (4) The occupier must display a warning placard in a position separated from any other sign or notice so that the placard is not obscured by, or capable of being confused with, the other sign or notice. Maximum penalty—30 penalty units. 53 Form and dimensions of HAZCHEM outer warning placard The occupier must ensure a HAZCHEM outer warning placard at the occupier’s facility or location complies with schedule 3. Maximum penalty—30 penalty units. 54 Form and dimensions of information placards for stated dangerous goods or combustible liquids in tanks (1) The occupier must ensure an information placard for stated dangerous goods or combustible liquids stored in tanks at the occupier’s facility or location complies with schedule 3. (2) Subsection (1) does not apply if— (a) the goods or liquids are contained in a tank intended for transport and placarded under the ADG Code; or (b) the liquids are combustible liquids in a quantity not exceeding 10000L and stored separately and isolated from dangerous goods; or (c) the goods or liquids are stated dangerous goods of class 2.1 or 3 or combustible liquids, when stored in an underground tank at retail premises where the goods or liquids are used to refuel vehicles. Maximum penalty—30 penalty units. Reprint 2B effective 25 June 2010 Page 39

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 55] 55 Form and dimensions of information placards for stated dangerous goods or combustible liquids in packages The occupier must ensure an information placard for stated dangerous goods or combustible liquids stored in packages at the occupier’s facility or location complies with schedule 3. Maximum penalty—30 penalty units. Subdivision 11 Risk minimisation by fire protection 56 Fire protection (1) The occupier must ensure that— (a) the areas of the occupier’s facility or location where stated dangerous goods or combustible liquids are stored or handled are provided with a fire protection system that— (i) is designed and constructed for the types and quantities of the goods or liquids and the conditions under which they are stored and handled; and (ii) uses firefighting media compatible with the goods or liquids and effective in the control of incidents involving the types and quantities of the goods or liquids; and (b) the fire protection system is— (i) properly installed, tested and maintained and a dated written record kept of the results of the testing; and (ii) at all times accessible to persons on the facility or location and to emergency services; and (c) fire hydrants and fire hose coupling points at the occupier’s facility or location that may be used by the Queensland Fire and Rescue Authority are suitable for use by that authority. Page 40 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 56] Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (2) The occupier must, if any of the components of the fire protection system become unserviceable or inoperative, ensure that— (a) the implications of the components being unserviceable or inoperative are assessed; and (b) alternative measures are taken to control, to the same level of effectiveness, those risks that were controlled by the system when functioning fully; and (c) the system is returned to full operation as soon as possible. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a dangerous goods location—30 penalty units. (3) For subsection (2)(b), the occupier must have regard to the need to— (a) provide alternative fire protection measures; and (b) reduce the quantities of stated dangerous goods or combustible liquids; and (c) stop or limit the processes used for the storage and handling of stated dangerous goods or combustible liquids; and (d) modify systems of work. Reprint 2B effective 25 June 2010 Page 41

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 57] Division 2 Further obligations applying to occupiers of major hazard facilities and large dangerous goods locations 57 Definition for div 2 In this division— occupier means the occupier of— (a) a major hazard facility; or (b) a large dangerous goods location. 58 Manifest The occupier must keep a manifest of dangerous goods or combustible liquids, that complies with schedule 4, readily available at the occupier’s facility or location for use by emergency services. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a large dangerous goods location—30 penalty units. 59 Manifest must be kept up to date The occupier must update a manifest at the occupier’s facility or location as soon as practicable after a change to information mentioned in schedule 4. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a large dangerous goods location—30 penalty units. Page 42 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 60] 60 Location of manifest The occupier must keep the manifest in a red weatherproof container inside, and as close as practicable to, the main entry to the occupier’s facility or location so that it is easily accessible to emergency services. Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a large dangerous goods location—30 penalty units. 61 Emergency plans and procedures The emergency plans and procedures mentioned in section 23(2)(a) of the Act must include details of the following— (a) the dangerous goods and combustible liquids stored or handled at the facility or location; (b) the potential hazardous materials emergencies for the goods and liquids; (c) the organisational structure in place to deal with a hazardous materials emergency, including the roles and responsibilities of persons holding positions mentioned in the structure; (d) the resources and equipment available to deal with a hazardous materials emergency; (e) the procedures that must be followed if a hazardous materials emergency happens; (f) the site layout of the facility or location showing where— (i) the dangerous goods and combustible liquids are stored or handled; and (ii) the resources and equipment available to deal with a hazardous materials emergency are located; (g) the telephone or other contact details of emergency services and other persons who may help in a hazardous materials emergency. Reprint 2B effective 25 June 2010 Page 43

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 62] Maximum penalty— (a) for a major hazard facility—100 penalty units; (b) for a large dangerous goods location—30 penalty units. Division 3 Further obligation applying to occupiers of large dangerous goods locations 62 Notification about large dangerous goods location (1) For section 49 of the Act, notification in the approved form must be given to the chief executive— (a) for a place that is a large dangerous goods location at the commencement of this section—within 3 months after the commencement; or (b) for a place that becomes a large dangerous location after the commencement—within 1 month after the place becomes a large dangerous goods location. (2) Further notification in the approved form must be given to the chief executive at least once every 2 years after the first notification. Division 4 Obligations applying to occupiers of workplaces that are not major hazard facilities or dangerous goods locations 63 Definition for div 4 In this division— occupier means the occupier of a workplace, that is not a major hazard facility or dangerous goods location, where stated dangerous goods or combustible liquids are stored or handled. Page 44 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 64] 64 Identification of hazards The occupier must review the following to ensure that hazards associated with the storage or handling of stated dangerous goods or combustible liquids at the occupier’s workplace are identified— (a) the MSDS for the goods; (b) the hazardous properties of the liquids. Maximum penalty—20 penalty units. 65 Assessment and minimisation of risk If a hazard is identified under section 64, the occupier must— (a) review the way stated dangerous goods or combustible liquids are stored or handled at the occupier’s workplace; and (b) take the action necessary to eliminate unsafe practices and achieve an acceptable level of risk. Maximum penalty—20 penalty units. 66 Clearing of decommissioned storage or handling systems (1) This section applies if a storage or handling system at the occupier’s workplace is to be disposed of or no longer used for the storage or handling or stated dangerous goods or combustible liquids. (2) The occupier must ensure that the storage or handling system is— (a) thoroughly cleaned so that the system is, as far as practicable, free from stated dangerous goods or combustible liquids; or (b) otherwise made safe. Maximum penalty—20 penalty units. Reprint 2B effective 25 June 2010 Page 45

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 67] 67 Induction, information, education, training and supervision (1) The occupier must ensure that a person involved with the storage or handling of stated dangerous goods or combustible liquids at the occupier’s workplace is provided with induction, information, education, training and supervision that is— (a) in a language or manner appropriate to the person; and (b) relevant to the roles and duties undertaken by the person and the risks associated with the roles and duties. Maximum penalty—20 penalty units. (2) The occupier must ensure that the induction, information, education and training provided to the person includes instruction in— (a) the nature of the hazards and properties of the stated dangerous goods or combustible liquids; and (b) the use and maintenance of the processes for the control of the risks associated with the person’s roles and duties; and (c) the appropriate use and fitting of personal protective equipment. Maximum penalty—20 penalty units. 68 Personal protective or safety equipment for workers (1) This section applies if the occupier requires an employee or other person exposed to stated dangerous goods or combustible liquids to use personal protective equipment or safety equipment to achieve an acceptable level of risk. (2) The occupier must provide and maintain personal protective equipment or safety equipment that is suitable for use with the goods or liquids. Maximum penalty—20 penalty units. Page 46 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 69] (3) A person must not wilfully damage or make ineffective personal protective equipment or safety equipment. Maximum penalty—20 penalty units. 69 Security at workplace The occupier must, as far as practicable, prevent access by unauthorised persons to stated dangerous goods or combustible liquids stored at the occupier’s workplace. Maximum penalty—20 penalty units. 70 Preventing interaction with other goods The occupier must ensure stated dangerous goods or combustible liquids that are not compatible with other goods or liquids (including other stated dangerous goods or combustible liquids) are stored separately from the other goods or liquids so that a loss of containment can not cause a dangerous situation. Maximum penalty—20 penalty units. 71 Preventing contamination of food or personal products The occupier must ensure that stated dangerous goods or combustible liquids stored or handled at the occupier’s workplace can not contaminate food, food packaging or personal use products. Maximum penalty—20 penalty units. 72 Elimination of ignition sources (1) The occupier must ensure ignition sources in a hazardous area at the occupier’s workplace— (a) are eliminated; or Reprint 2B effective 25 June 2010 Page 47

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 73] (b) if it is not reasonably practicable to eliminate the sources—are controlled so that risk is at an acceptable level. Maximum penalty—20 penalty units. (2) In this section— hazardous area has the meaning given by AS 2430–‘Classification of Hazardous Areas’. 73 Spill containment (1) The occupier must ensure that procedures are in place and equipment is available to contain and clean up a spill or leak of stated dangerous goods or combustible liquids stored or handled at the occupier’s workplace. Maximum penalty—20 penalty units. (2) If a spill or leak of stated dangerous goods or combustible liquids happens, the occupier must ensure that immediate action is taken to clean up and dispose of the goods or liquids. Maximum penalty—20 penalty units. 74 Material safety data sheets (1) The occupier must, for stated dangerous goods stored or handled, or proposed to be stored or handled, at the occupier’s workplace— (a) obtain a current MSDS on or before the first occasion the goods are supplied to the workplace; and (b) ensure that a current MSDS is readily accessible to persons at the workplace and to emergency services. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply in relation to stated dangerous goods that are— (a) in transit; or Page 48 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 75] (b) stored or handled at a retail outlet in consumer packages that are sold unopened. (3) If, because of subsection (2), an occupier is not required to have, and does not have, a MSDS for stated dangerous goods, the occupier must ensure that alternative information for the safe storage and handling of the goods is readily accessible to persons at the occupier’s workplace. Maximum penalty—20 penalty units. (4) If an occupier who provides a MSDS for stated dangerous goods also provides other information about the safe storage and handling of the goods, the occupier must ensure that the other information is— (a) consistent with the information contained in the MSDS; and (b) clearly identified as information provided by the occupier. Maximum penalty—20 penalty units. 75 Register of stated dangerous goods or combustible liquids (1) The occupier must ensure that— (a) a register is kept and maintained for stated dangerous goods or combustible liquids stored or handled at the occupier’s workplace; and (b) the register contains a list of all stated dangerous goods or combustible liquids stored or handled at the workplace and, if required, a MSDS for each of the stated dangerous goods; and (c) the register is readily accessible to persons at the workplace. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply to stated dangerous goods or combustible liquids— Reprint 2B effective 25 June 2010 Page 49

Dangerous Goods Safety Management Regulation 2001 Part 3 Safety obligations for occupiers [s 76] (a) received in packages not large enough to require marking under the ADG Code; or (b) in transit. 76 Marking of packages (1) If the occupier receives a package of stated dangerous goods or combustible liquids at the occupier’s workplace and the occupier knows, or ought reasonably to know, the package is not marked under section 9 so that it complies with the ADG Code, the occupier must either— (a) not accept the goods; or (b) accept the goods and mark the package under the ADG Code. Maximum penalty—20 penalty units. (2) The occupier must ensure that, while stated dangerous goods or combustible liquids are at the occupier’s workplace, the marking of the package complies with the ADG Code. Maximum penalty—20 penalty units. (3) The occupier must ensure that, once stated dangerous goods or combustible liquids at the occupier’s workplace are removed from the package and the package is free of the goods or liquids, the marking on the package is removed or otherwise made illegible. Maximum penalty—20 penalty units. 77 Information placards for stated dangerous goods or combustible liquids in tanks (1) This section applies to stated dangerous goods or combustible liquids stored in tanks at the occupier’s workplace, other than goods or liquids contained in a tank intended for transport and placarded under the ADG Code. (2) The occupier of a workplace must display an information placard for the goods or liquids that— Page 50 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Part 4 Flammable and combustible liquids [s 78] (a) complies with schedule 3; and (b) is clearly visible from normal approaches to the tank. Maximum penalty—20 penalty units. Part 4 Flammable and combustible liquids Division 1 Application of part 78 Application (1) This part applies to the storage and handling of flammable and combustible liquids to which AS 1940 applies. (2) However, this part does not apply to the storage of flammable or combustible liquids— (a) on land having an area of more than 5ha used or intended to be used by the occupier for agricultural, horticultural, floricultural or pastoral purposes, unless the flammable or combustible liquid is stored for resale; or (b) if the storage is classified as minor storage under AS 1940. 79 Devolution to local government The administration and enforcement of this part about flammable and combustible liquids is devolved to each local government for its local government area. Reprint 2B effective 25 June 2010 Page 51

Dangerous Goods Safety Management Regulation 2001 Part 4 Flammable and combustible liquids [s 80] 80 Separation distances (1) For the purpose of measuring separation distances under AS 1940 in its application under this part, the boundary of licensed premises is taken to be protected works. (2) However, subsection (1) does not apply to an application for a licence, an application to amend a licence or an application to renew a licence under this part if— (a) the occupier of the premises adjoining the boundary has agreed in writing that the boundary of licensed premises is not to be taken to be protected works; and (b) the chief executive officer to whom the application is made consents to the agreement and notes the chief executive officer’s consent on the licence. (3) The chief executive officer’s consent applies only for the duration of the agreement. Division 2 Offences 81 False or misleading statements A person must not, for an application made under this part, state anything the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units. 82 Storage of flammable and combustible liquids on premises The occupier of premises must not store flammable or combustible liquid on the premises, or permit flammable or combustible liquid to be stored on the premises, except under a licence. Maximum penalty—20 penalty units. Page 52 Reprint 2B effective 25 June 2010

Column 1 Hazardous material Flammable materials Oxidising materials Dangerous Goods Safety Management Regulation 2001 Schedule 2 Column 2 Column 3 Type, class or category Prescribed quantity (tonnes) • Liquids which meet the criteria 200 for class 3 packaging group I (Except for crude oil in remote locations) • Crude oil in remote locations 2000 which meets the criteria for class 3 packaging group I • Liquids which meet the criteria 50000 for class 3 packaging group II or III • Liquids with flashpoints <61 0 C 200 kept above their boiling points at ambient conditions • Materials which meet the criteria 200 for class 4.1 packaging group I • Spontaneously combustible 200 materials which meet the criteria for class 4.2 packaging group I or II • Materials which liberate 200 flammable gases or react violently on contact with water which meet the criteria for class 4.3 packaging group I or II • Materials which belong to 500 classes 3 or 8 packaging group I or II which have hazchem codes of 4WE (materials which react violently with water) • Oxidising material listed in 50 appendix A of the ADG Code (7 th edition) • Oxidising materials that meet the 200 criteria for class 5.1 packaging group I or II Reprint 2B effective 25 June 2010 Page 83

Dangerous Goods Safety Management Regulation 2001 Schedule 2 Column 1 Hazardous material Peroxides Toxic solids and liquids Column 2 Column 3 Type, class or category Prescribed quantity (tonnes) • Peroxides which are listed in 50 appendix A of the ADG Code (7 th edition) • Organic peroxides which meet 200 the criteria for class 5.2 • Materials which meet the criteria 20 for very toxic in table 4 • Materials which meet the criteria 200 for toxic in table 4 Notes to Table 2— (a) The quantities stated for explosives relate to the weight of explosive exclusive of packing, casings and non-explosive components. (b) If explosives of different hazard divisions are present in the same area or storage, all of the explosives are taken to be classified under the following table— Page 84 Reprint 2B effective 25 June 2010

Table 3 Dangerous Goods Safety Management Regulation 2001 Schedule 2 Classification of explosives when stored in the same area Division 1.1A 1.1 1.2 1.3 1.4 1.5 1.6 1.1 1.1A 1.1 1.1 1.1 1.1 1.1 1.1 1.2 1.1A 1.1 1.2 1.1 1.2 1.1 1.2 1.3 1.1A 1.1 1.1 1.3 1.3 1.1 1.3 1.4 1.1A 1.1 1.2 1.3 1.4 1.5 1.6 1.5 1.1A 1.1 1.1 1.1 1.5 1.5 1.5 1.6 1.1A 1.1 1.2 1.3 1.6 1.5 1.6 Reprint 2B effective 25 June 2010 Page 85

Dangerous Goods Safety Management Regulation 2001 Schedule 2 Table 4 Criteria for toxicity for table 2 Description Very toxic Toxic Oral Toxicity a LD 50 (mg/kg) Dermal Toxicity b LD 50 (mg/kg) Inhalation Toxicity c LC 50 (mg/L) LD 50  5 5<LD 50  50 LD 50  40 LC 50  0.5 40<LD 50  200 0.5<LC 50  2 a in rats b in rats or rabbits c 4 hours in rats Note to Table 4— These criteria are under the National Standard for the Control of Major Hazard Facilities [NOHSC:1014(2002)]— (a) declared as a national standard by the abolished National Occupational Health and Safety Commission under the repealed National Occupational Health and Safety Commission Act 1985 (Cwlth); and (b) continued in effect, under the National Occupational Health and Safety Commission (Repeal, Consequential and Transitional Provisions) Act 2005 (Cwlth), schedule 1, section 7, as if it were a national standard made by the Australian Safety and Compensation Council under the Australian Workplace Safety Standards Act 2005 (Cwlth). Page 86 Reprint 2B effective 25 June 2010

Schedule 3 Dangerous Goods Safety Management Regulation 2001 Schedule 3 Requirements for warning placards sections 53, 54, 55 and 77 1 HAZCHEM outer warning placard (1) A HAZCHEM outer warning placard must conform to the following requirements— (a) the form shown in figure 1; (b) dimensions not less than those shown in figure 1. (2) The placard must display the word ‘HAZCHEM’ in red letters not less than 100mm high and of the style shown in figure 1, on a white or silver background. (3) For the purposes of subsection (2), ‘red’ means the colour ‘signal red’ under AS2700S–1996 (R13). Figure 1—Form and dimensions of a HAZCHEM outer warning placard 2 Information placard for stated dangerous goods of class 2, 3, 4, 5, 6.1, 8 or 9 stored in tanks (1) An information placard for stated dangerous goods of class 2, 3, 4, 5, 6.1, 8 or 9 stored in tanks must comply with this section. Reprint 2B effective 25 June 2010 Page 87

Dangerous Goods Safety Management Regulation 2001 Schedule 3 (2) The placard must— (a) comply with the form shown in figure 2 and the note to the figure; and (b) subject to subsection (5), have dimensions not less than those in figure 2 and the note to the figure. (3) The information placard must contain the following information— (a) in space (p) in figure 2, the proper shipping name; (b) in space (q) in figure 2, the UN number; (c) in space (r) in figure 2, the hazchem code for the stated dangerous goods specified in the ADG Code; (d) in space (s) in figure 2, the class label and subsidiary risk label, if any. (4) For the purposes of subsection (3)(d)— (a) the class label and the subsidiary risk label, if any, must have the form and colouring specified in the ADG Code; and (b) if there is more than 1 subsidiary risk label, the width of the right hand portion of the placard may be extended. (5) For subsection (2)(b), for tanks of a capacity of not more than 3000L, the dimensions may be less than, but must be at least half, those shown in figure 2. (6) Despite this section, an emergency information panel under the ADG Code that contains all the information required in an information placard for the storage of stated dangerous goods in tanks may be used instead of the placard. 3 Information placard for tanks containing goods too dangerous to be transported (1) An information placard for tanks containing goods too dangerous to be transported must comply with this section. (2) The placard must— Page 88 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Schedule 3 (a) be in the form shown in figure 2 and the note to the figure; and (b) subject to subsection (4), have dimensions not less than those shown in figure 2 and the note to the figure. (3) The placard must comply with the following requirements— (a) in space (p) in figure 2, the name for the goods specified in appendix A of the ADG Code (7 th edition) must be stated; (b) space (q) in figure 2, must be left blank; (c) space (r) in figure 2, must be left blank; (d) in space (s) in figure 2, the label specified in figure 4 must be included. (4) For subsection (2)(b), for tanks of a capacity of not more than 3000L, the dimensions may be less than, but must be at least half, those shown in figure 2. Figure 2—Template for an information placard for stated dangerous goods stored in tanks Reprint 2B effective 25 June 2010 Page 89

Dangerous Goods Safety Management Regulation 2001 Schedule 3 Note to figure 2— The numerals and letters used for showing the proper shipping name or name of the goods, UN number and hazchem code must be— (a) black on a white background, except where a letter of the hazchem code is white on a black background; and (b) at least 100mm high, except where the proper shipping name requires 2 lines to be used, in which case the lettering must be at least 50mm high. 4 Information placard for stated dangerous goods stored in packages (1) An information placard for packages of stated dangerous goods must comply with this section. (2) The placard must— (a) be in the form shown in figure 3; and (b) be of sufficient size to accommodate the labels to be displayed on the placard; and (c) have a white or silver background. (3) The placard must contain the following information— (a) the class label for each class of stated dangerous goods present in a quantity that exceeds the quantity specified in column 3 (Quantity for dangerous goods location) in the table in schedule 1; (b) if the total quantity of mixed classes of stated dangerous goods exceeds the mixed classes quantity specified in column 3 of item 4 of the table in schedule 1— (i) a class label for each class of stated dangerous goods present that exceeds 50% of the quantity specified for the class and packing group in items 1, 2 or 3 of the table; or (ii) if no class of stated dangerous goods present exceeds 50% of the quantity specified for the class and packing group in items 1, 2 or 3 of the table, a Page 90 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Schedule 3 mixed class label; (d) for combustible liquids with fire risk dangerous goods in an aggregate quantity exceeding 1000kg or litres, a class 3 class label; (e) for goods too dangerous to be transported, the label specified in figure 4. (4) The class label, mixed class label and label for goods too dangerous to be transported must have sides at least 100mm long. Figure 3—Form and dimensions of information placard for packages of stated dangerous goods UNSTABLE GOODS TOO DANGEROUS TO TRANSPORT Figure 4—Form of a label for goods too dangerous to be transported Reprint 2B effective 25 June 2010 Page 91

Dangerous Goods Safety Management Regulation 2001 Schedule 3 5 Information placard for stated combustible liquids in tanks or packages (1) An information placard for tanks or packages containing stated combustible liquids must comply with this section. (2) The placard must— (a) be in the form shown in figure 5; and (b) have dimensions not less than those shown in figure 5; and (c) have black letters on a white or silver background. Figure 5—Information placard for stated combustible liquids Page 92 Reprint 2B effective 25 June 2010

Schedule 4 Dangerous Goods Safety Management Regulation 2001 Schedule 4 Information to be contained in a manifest sections 58 and 59 1 Information that manifest must contain A manifest of a major hazard facility or large dangerous goods location must contain the information stated in this schedule. 2 General information A manifest must include— (a) the name of the occupier of the facility or location; and (b) the address of the facility or location; and (c) the date it was last reviewed or, if it has not been reviewed, the date of its preparation. 3 Emergency contacts A manifest must also include contact details for at least 2 persons who may be contacted if a major accident happens at the facility or location. 4 Dangerous goods or combustible liquids stored in tanks other than in IBCs (1) For each tank, other than an IBC, containing dangerous goods or combustible liquids the manifest must include— (a) the identification number or code of the tank; and (b) the type and capacity of the tank; and (c) details of the contents of the tank. (2) For subsection (1)(c) the details must include the following— Reprint 2B effective 25 June 2010 Page 93

Dangerous Goods Safety Management Regulation 2001 Schedule 4 (a) for dangerous goods other than goods too dangerous to be transported—the proper shipping name, UN number, class and packing group of the dangerous goods; (b) for combustible liquids—the product name and the statement ‘Combustible liquid’; (c) for goods too dangerous to be transported—the name of the goods specified in appendix A of the ADG Code (7 th edition) and the statement ‘Goods too dangerous to be transported’. 5 Dangerous goods or combustible liquids in packages or IBCs (1) This section applies for each storage area that— (a) contains dangerous goods or combustible liquids in packages or IBCs; and (b) is required to have an information placard. (2) The manifest must include the following— (a) the identification number or code for the storage area; (b) for dangerous goods of packing group I or class 2.3 that are kept or likely to be kept in the area— (i) the proper shipping name of the dangerous goods and their class; and (ii) the maximum quantity of each of the dangerous goods kept or likely to be kept; (c) for goods too dangerous to be transported that are kept or likely to be kept in the area— (i) the name of the goods specified in appendix A of the ADG Code (7 th edition); and (ii) the statement ‘Goods too dangerous to be transported’; and (iii) the maximum quantity of each of the goods kept or likely to be kept; Page 94 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Schedule 4 (d) for other dangerous goods that are kept or likely to be kept in the area, the class of the goods and the maximum quantity of each class; (e) for combustible liquids that are kept or likely to be kept in the area, the statement ‘Combustible liquid’ and the maximum quantity of the combustible liquids. 6 Dangerous goods or combustible liquids in manufacture For each area in which dangerous goods or combustible liquids are manufactured, the manifest must include the following— (a) the identification number or code of the area; (b) for dangerous goods, other than goods too dangerous to be transported, the class and the maximum quantity of each class in manufacture; (c) for goods too dangerous to be transported, the statement ‘Goods too dangerous to be transported’ and the maximum quantity of the goods in manufacture; (d) for combustible liquids, the statement ‘Combustible liquid’ and the maximum quantity of the liquids in manufacture. 7 Dangerous goods in transit (1) This section applies to dangerous goods in transit at a facility or location for which there are shipping documents that comply with the ADG Code. (2) The information required by sections 4 and 5 of this schedule is taken to be included in the manifest if the shipping documents are attached to the manifest. 8 Plan of premises A plan of a major hazard facility or large dangerous goods location must be included in the manifest and must— (a) show the location of— Reprint 2B effective 25 June 2010 Page 95

Dangerous Goods Safety Management Regulation 2001 Schedule 4 (i) tanks of dangerous goods or combustible liquids mentioned in section 4 of this schedule; and (ii) the storage areas for dangerous goods or combustible liquids in packages or IBCs mentioned in section 5 of this schedule; and (iii) the areas mentioned in section 6 of this schedule where dangerous goods or combustible liquids are manufactured; and (iv) the areas where dangerous goods in transit may be located; and (b) provide the identification number or code for tanks and areas mentioned in paragraph (a); and (c) show the location of— (i) the main entrance and the other points of entry to the facility or location; and (ii) essential site services, including fire services and isolation points for fuel and power; and (iii) drains on the facility or location; and (iv) the manifest; and (d) describe the nature of the occupancy of adjoining premises or places. Page 96 Reprint 2B effective 25 June 2010

Schedule 5 Dangerous Goods Safety Management Regulation 2001 Schedule 5 Dictionary section 3 boundary has the meaning given by AS 1940. C1 combustible liquid is a combustible liquid with a flashpoint of 150ºC or less. C2 combustible liquid is a combustible liquid with a flashpoint of more than 150ºC. chief executive officer means the chief executive officer of a local government. class means the class allocated to dangerous goods under the ADG Code or the GHS. class label , for a class, means the label specified in the ADG Code for the class of dangerous goods. compatible , in relation to 2 or more goods, means the goods will not react together to cause a fire, explosion, harmful reaction or the evolution of flammable, toxic or corrosive vapours. consumer package means a package of goods normally sold through a retailer or retail warehouse operator for household or personal use. continued licence means a licence taken to have been issued to a person under section 125(2). conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded. corresponding legislation means legislation of the Commonwealth or another State that assigns the UN number, class, subsidiary risk and packing group to dangerous goods for their transport by road, rail, air or sea. fire risk dangerous goods means dangerous goods of class 2.1, 3, 4 or 5 or subsidiary risk of 2.1, 3, 4 or 5 that burn readily or support combustion. Reprint 2B effective 25 June 2010 Page 97

Dangerous Goods Safety Management Regulation 2001 Schedule 5 Page 98 GHS means the Globally Harmonised System of Classification and Labelling of Chemicals published by the United Nations. Editor’s note — At the commencement of this definition, the GHS is available at < goods too dangerous to be transported means goods defined under the ADG Code as goods too dangerous to be transported. hazchem code means the Hazchem Emergency Action Code defined in the ADG Code. IATA Regulations means the Dangerous Goods Regulations published by the International Air Transport Association (IATA). IBC means an intermediate bulk container. IMDG Code means the International Maritime Dangerous Goods Code published by the International Maritime Organisation (IMO). information notice , for a decision of a chief executive officer under part 4, is a written notice stating the following— (a) the decision; (b) the reasons for the decision; (c) that the person to whom the notice is given may have the decision reviewed within 28 days; (d) how the person may have the decision reviewed; (e) if the decision is that a licence be cancelled—a direction to the person to return the licence to the chief executive officer within 7 days after receiving the notice. installation has the meaning given by AS 1940. intermediate bulk container means a rigid or flexible portable tank for the transport of dangerous goods defined under the ADG Code. in transit , for stated dangerous goods or combustible liquids at a place, means — Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Schedule 5 (a) at the place for not more than 5 days; and (b) not used or to be used at the place; and (c) if supplied in tanks or packages, the tanks or packages are not opened. licence means a licence in force under part 4. licensed premises means premises to which a licence relates. MSDS stands for Material Safety Data Sheet. NOHSC means the National Occupational Health and Safety Commission established under the National Occupational Health and Safety Commission Act 1985 (Cwlth). package means— (a) for class 2 dangerous goods, a container having a capacity of not more than 500L; or (b) for other classes of dangerous goods, a container with a capacity of not more than 450L and a net mass of not more than 400kg. packing group means the packing group allocated to a dangerous good under the ADG Code. protected works has the meaning given by AS 1940. QCAT information notice means a notice complying with the QCAT Act, section 157(2). remote location , for schedule 2, means a location that is more than 100km from any town having a population of more than 200 people. retail warehouse operator means an operator of a warehouse where unopened packaged goods, intended for retail sale, are stored. risk assessment means an assessment under section 18 of the risks associated with a hazard. spent conviction means a conviction— (a) for which the rehabilitation period under the CriminalLaw (Rehabilitation of Offenders) Act 1986 has expired under that Act; and Reprint 2B effective 25 June 2010 Page 99

Dangerous Goods Safety Management Regulation 2001 Schedule 5 (b) that is not revived as prescribed by section 11 of that Act. stated combustible liquids means combustible liquids prescribed as stated combustible liquids under section 5 and schedule 1. stated dangerous goods means dangerous goods prescribed as stated dangerous goods under section 5 and schedule 1. subsidiary risk , for a dangerous good, has the same meaning as in the ADG Code. subsidiary risk label means the label under the ADG Code indicating the subsidiary risk for a dangerous good. tank means— (a) for class 2 dangerous goods, a container having a capacity of more than 500L; or (b) for other classes of dangerous goods, a container with either a capacity of more than 450L or a net mass of more than 400kg. underground tank means a tank intended to remain in place and which is— (a) wholly buried below the surface of the ground and covered by at least 150mm of soil or sand; or (b) partially buried below the surface of the ground and all of the tank covered by at least 150mm of soil or sand. UN number , for dangerous goods, means the identification serial number for the goods shown in ADG Code. Page 100 Reprint 2B effective 25 June 2010

Endnotes Dangerous Goods Safety Management Regulation 2001 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 25 June 2010. Future amendments of the Dangerous Goods Safety Management Regulation 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Reprint 2B effective 25 June 2010 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 101

Dangerous Goods Safety Management Regulation 2001 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments to none Effective 7 May 2002 Reprint date 7 May 2002 Reprint No. 1A 1B 1C 2 2A 2B Amendments included — 2008 SL No. 283 2008 SL No. 427 — 2009 Act No. 24 2010 SL No. 153 Effective 8 May 2007 1 September 2008 1 January 2009 1 January 2009 1 December 2009 25 June 2010 Notes prov exp 7 May 2007R1C withdrawn, see R2 5 List of legislation Dangerous Goods Safety Management Regulation 2001 SL No. 200 made by the Governor in Council on 1 November 2001 notfd gaz 2 November 2001 pp 799–800 ss 1–2 commenced on date of notification remaining provisions commenced 7 May 2002 (see s 2) exp 1 September 2012 (see SIA s 54) Notes—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) An explanatory note was prepared. amending legislation— Workplace Health and Safety Regulation 2008 SL No. 283 ss 1–2, 377 sch 17 notfd gaz 29 August 2008 pp 2831–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) Note—Two regulatory impact statements and an explanatory note were prepared. Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 SL No. 427 ss 1–2, 253 sch 3 notfd gaz 12 December 2008 pp 2044–53 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2009 (see s 2) Page 102 Reprint 2B effective 25 June 2010

Dangerous Goods Safety Management Regulation 2001 Endnotes Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 9 pt 15 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Workplace Health and Safety and Another Regulation Amendment Regulation (No.1) 2010 SL No. 153 s 1, pt 2 notfd gaz 25 June 2010 pp 823–30 commenced on date of notification Note—An explanatory note was prepared. 6 List of annotations Packing and marking by manufacturer or importer s 9 amd 2010 SL No. 153 s 4 Recognition of MSDS prepared under equivalent legislation s 13 amd 2008 SL No. 283 s 377 sch 17; 2010 SL No. 153 s 5 Marking of packages s 43 amd 2010 SL No. 153 s 6 Existing placards s 49 exp 7 May 2007 (see s 49(4)) PART 4—FLAMMABLE AND COMBUSTIBLE LIQUIDS Failure to decide application for licence s 89 amd 2009 Act No. 24 s 1416 Division 9—Internal and external review div hdg sub 2009 Act No. 24 s 1417 Review process starts with internal review prov hdg amd 2009 Act No. 24 s 1418(1) s 111 amd 2009 Act No. 24 s 1418(2)–(3) Application for internal review to be made to the chief executive officer prov hdg amd 2009 Act No. 24 s 1419(1) s 112 amd 2009 Act No. 24 s 1419(2) Applying for internal review prov hdg amd 2009 Act No. 24 s 1420(1) s 113 amd 2009 Act No. 24 s 1420(2) Internal review decision prov hdg amd 2009 Act No. 24 s 1421(1) s 114 amd 2009 Act No. 24 s 1421(2)–(6) Stay of operation of decision s 115 amd 2009 Act No. 24 s 1422 Reprint 2B effective 25 June 2010 Page 103

Dangerous Goods Safety Management Regulation 2001 Endnotes Subdivision 2—External review by QCAT sdiv hdg sub 2009 Act No. 24 s 1423 External review of internal review decision s 116 sub 2009 Act No. 24 s 1423 Court to which appeal may be made s 117 om 2009 Act No. 24 s 1423 Starting appeals s 118 om 2009 Act No. 24 s 1423 Stay of operation of decisions s 119 om 2009 Act No. 24 s 1423 Hearing procedures s 120 om 2009 Act No. 24 s 1423 Powers of court on appeal s 121 om 2009 Act No. 24 s 1423 Appeals to District Court only on questions of law s 122 om 2009 Act No. 24 s 1423 SCHEDULE 2—HAZARDOUS MATERIALS AND PRESCRIBED QUANTITIES FOR MAJOR HAZARD FACILITIES How to calculate quantity of material s 3 amd 2008 SL No. 427 s 253 sch 3 SCHEDULE 3—REQUIREMENTS FOR WARNING PLACARDS Information placard for tanks containing goods too dangerous to be transported s 3 amd 2008 SL No. 427 s 253 sch 3 SCHEDULE 4—INFORMATION TO BE CONTAINED IN A MANIFEST Dangerous goods or combustible liquids stored in tanks other than in IBCs s 4 amd 2008 SL No. 427 s 253 sch 3 Dangerous goods or combustible liquids in packages or IBCs s 5 amd 2008 SL No. 427 s 253 sch 3 SCHEDULE 5—DICTIONARY def “class” amd 2010 SL No. 153 s 7(1) def “GHS” ins 2010 SL No. 153 s 7(2) def “QCAT information notice” ins 2009 Act No. 24 s 1424 © State of Queensland 2012 Page 104 Reprint 2B effective 25 June 2010