Occupational Health and Safety Amendment Regulations 2020 (Vic)

Occupational Health and Safety Amendment Regulations 2020

S.R. No. 141/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Amendment of definitions

6Compliance with the GHS

7New regulation 560A inserted

8Chapter 9 revoked

9Schedule 7 amended

10Schedule 8 amended

11Schedule 14 amended

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Endnotes

STATUTORY RULES 2020

S.R. No. 141/2020

Occupational Health and Safety Act 2004

Occupational Health and Safety Amendment Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 15 December 2020

Responsible Minister:

INGRID STITT
Minister for Workplace Safety

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2017—

(a)to update the Globally Harmonized System of Classification and Labelling of Chemicals to the latest edition; and

(b)to make other minor, technical and transitional amendments.

2Authorising provision

These Regulations are made under section 158 of the Occupational Health and Safety Act 2004.

3Commencement

These Regulations come into operation on 1 January 2021.

4Principal Regulations

In these Regulations, the Occupational Health and Safety Regulations 2017[1] are called the Principal Regulations.

5Amendment of definitions

In regulation 5 of the Principal Regulations—

(a)for the definition of GHS substitute—

"GHS means the Globally Harmonized System of Classification and Labelling of Chemicals, seventh revised edition, published by the United Nations, as modified by Schedule 7;";

(b)in the definition of hazardous substance, paragraph (e) is revoked.

6Compliance with the GHS

Regulation 17 of the Principal Regulations is revoked.

7New regulation 560A inserted

After regulation 560 of the Principal Regulations insert—

"560A   GHS—24 months transition period

Until 31 December 2022, a manufacturer or supplier of a hazardous substance does not contravene a provision of these Regulations that requires compliance with the GHS if—

(a)the manufacturer or supplier would not have contravened the provision had it required compliance with one of (but not a combination of) the third revised edition, fourth revised edition or fifth revised edition of the Globally Harmonized System of Classification and Labelling of Chemicals, published by the United Nations and as modified by Schedule 7 prior to the commencement of the Occupational Health and Safety Amendment Regulations 2020; or

(b)for the purposes of that provision of these Regulations, the GHS contains an obligation to be complied with and there is no equivalent to that obligation in the third revised edition, fourth revised edition or fifth revised edition of the Globally Harmonized System of Classification and Labelling of Chemicals, published by the United Nations and as modified by Schedule 7 prior to the commencement of the Occupational Health and Safety Amendment Regulations 2020.".

8Chapter 9 revoked

Chapter 9 of the Principal Regulations is revoked.

Note

The revocation of Chapter 9 of the Principal Regulations does not affect the continuing operation of the amendments made by it (see section 29(1) of the Interpretation of Legislation Act 1984).

9Schedule 7 amended

In Schedule 7 to the Principal Regulations—

(a)in note 2 at the foot of clause 3 omit

"Fourth revised edition or Fifth revised edition";

(b)in note 2 at the foot of clause 4 omit

"Fourth revised edition or Fifth revised edition".

10Schedule 8 amended

In Schedule 8 to the Principal Regulations—

(a)in item 13 of Table 1 to clause 2, for "Category 2A" substitute "Category 2";

(b)in item 3 of Table 2 to clause 3, for "(category 2A)" substitute "(category 2)".

11Schedule 14 amended

In Schedule 14 to the Principal Regulations—

(a)in item 7 of Table 2 to clause 3, for "category 1 or 2" substitute "category 1A, 1B or 2";

(b)in items 8 and 9 of Table 2 to clause 3—

(i)for "Flammable aerosols hazard category 1 or 2" substitute "Aerosols hazard category 1 (extremely flammable) or category 2 (flammable)";

(ii)for "flammable gases hazard category 1 or 2" substitute "flammable gases hazard category 1A, 1B or 2".

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Endnotes

[1] Reg. 4: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018, 71/2019, 84/2020 and 106/2020.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5	Globally Harmonized System of Classification and Labelling of Chemicals, seventh revised edition, published by the United Nations in 2017.	The whole
Regulation 7	Globally Harmonized System of Classification and Labelling of Chemicals, third, fourth and fifth revised editions, published by the United Nations in 2009, 2011 and 2013 respectively.	The whole