Occupational Safety and Health Amendment Regulations (No. 6) 2010 (WA)
10 December 2010 GOVERNMENT GAZETTE, WA 6277 WORKSAFE
WS301*
Occupational Safety and Health Act 1984
Occupational Safety and Health Amendment
Regulations (No. 6) 2010
Made by the deputy of the Governor in Executive Council.
1. Citation
These regulations are the Occupational Safety and Health
Amendment Regulations (No. 6) 2010.2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day. 3. Regulations amended
These regulations amend the Occupational Safety and Health
Regulations 1996.4. Regulation 5.1 amended
(1) In regulation 5.1(1) delete the definitions of : hazardous substance
Material Safety Data Sheet or MSDSrisk phrase
safety phrase(2) In regulation 5.1(1) insert in alphabetical order: AC classified hazardous substance means a substance
that is determined to be a hazardous substance underregulation 5.3(3);
GHS means the Globally Harmonised System of
Classification and Labelling of Chemicals 3rd Revised
Edition (ISBN 978-92-1-117006-1);
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GHS classified hazardous substance means a substance that is determined to be a hazardous substance under regulation 5.3(4);
hazardous substance means a substance that is —
(a) an AC classified hazardous substance; or (b) a GHS classified hazardous substance; Hazardous Substances Information System means the
Hazardous Substances Information System publishedon the website maintained by Safe Work Australia;
Material Safety Data Sheet or MSDS, in relation to a
substance, means a document written in English whichcontains —
(a) if the substance is an AC classified hazardous substance, the information that is required by the National Code for the substance; or (b) if the substance is a GHS classified hazardous substance, the information that is required by the National Code for the substance, except that the hazard classification, hazard statements and precautionary statements set out in the GHS for the substance are to be used instead of the
hazard classification, risk phrases and safety
phrases required by the National Code,
whether or not the document is in the form required by
the National Code;
National Code means the National Code of Practice
for the Preparation of Material Safety Data Sheets[NOHSC: 2011 (2003)];
risk phrase, in relation to a hazardous substance,
means —
(a)
if the substance is an AC classified hazardous substance, a risk phrase that applies to the substance under the Approved Criteria for Classifying Hazardous Substances [3rd Edition; NOHSC: 1008 (2004)]; or
(b)
if the substance is a GHS classified hazardous substance, a hazard statement that applies to the substance under the GHS;
safety phrase, in relation to a hazardous substance,
means —
(a)
if the substance is an AC classified hazardous substance, a safety phrase that applies to the substance under the Approved Criteria for Classifying Hazardous Substances [3rd Edition; NOHSC: 1008 (2004)]; or
(b)
if the substance is a GHS classified hazardous substance, a precautionary statement that applies to the substance under the GHS;
10 December 2010 GOVERNMENT GAZETTE, WA 6279 Safe Work Australia means Safe Work Australia
established under the Safe Work Australia Act 2008(Commonwealth);
(3) Delete regulation 5.1(3). 5. Regulation 5.3 replaced
Delete regulation 5.3 and insert:
5.3. Determination of whether substance is hazardous
substance(1) A person who intends to manufacture or import a
substance for use at a workplace must, before doing so,
determine if the substance is a hazardous substance.Penalty for a person who commits the offence as an employee: the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(2) A person may use either the AC classification system
or the GHS classification system to determine if a
substance is a hazardous substance.(3) A person who uses the AC classification system
must —
(a)
determine if the substance is entered as a hazardous substance in the Hazardous Substances Information System; and
(b)
if the substance is not entered in the Hazardous Substances Information System, determine in accordance with the Approved Criteria for Classifying Hazardous Substances [3rd Edition: NOHSC: 1008(2004)] whether the substance is a hazardous substance.
(4) A person who uses the GHS classification system must
determine if the substance is a hazardous substance in
accordance with the criteria set out in the GHS.6. Regulation 5.4 replaced
Delete regulation 5.4 and insert:
5.4. Commissioner to be notified of new hazardous
substancesA person who intends to manufacture or import an AC
classified hazardous substance that is not listed as a
hazardous substance in the Hazardous Substances
Information System must notify the Commissioner
before manufacturing or importing the substance.
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Penalty for a person who commits the offence as an
employee: the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
7. Regulation 5.6 amended
(1) In regulation 5.6 delete “A supplier of a hazardous substance”
and insert:
(1) A supplier of an AC classified hazardous substance (2) At the end of regulation 5.6 insert:
(2) A supplier of a GHS classified hazardous substance for
use in a workplace must ensure that any container in
which the substance is supplied —
(a) is labelled in English in accordance with the relevant requirements set out in the GHS; and (b) has affixed to it a label setting out — (i) the name of the supplier; and
(ii) an Australian address and telephone number for the supplier; and
(iii) an emergency Australian telephone
number for the supplier.
Penalty for a person who commits an offence as an
employee: the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
8. Regulation 5.7 amended
(1) In regulation 5.7(1) delete “5.6(c),” and insert: 5.6(1)(c), (2) Delete regulation 5.7(2). 9. Regulation 5.9 amended
In regulation 5.9 delete “5.6(c),” and insert:
5.6(1)(c),
10 December 2010 GOVERNMENT GAZETTE, WA 6281 10. Regulation 5.12 amended
Delete regulation 5.12(1)(a) and insert:
(a) if the substance is an AC classified hazardous substance, that any container in which the substance is held in the workplace is labelled in accordance with the relevant requirements of the National Code of Practice for Labelling of Workplace Substances [NOHSC: 2012 (1994)]; and (ba) if the substance is a GHS classified hazardous substance, is labelled in English in accordance with the relevant requirements set out in the GHS and has affixed to it a label setting out —
(i) the name of the supplier; and
(ii) an Australian address and telephone number for the supplier; and
(iii) an emergency Australian telephone
number for the supplier;and
11. Schedule 5.1 amended
(1) In Schedule 5.1 before the heading “Type I ingredients” insert: Division 1 — Ingredients of substances that are AC classified
hazardous substances
(2) In Schedule 5.1 in the item under the heading “Type I ingredients” delete “type I ingredient” and insert: type I ingredient, of an AC classified hazardous substance, (3) In Schedule 5.1 in the item under the heading “Type II ingredients”:
(a) delete “type II ingredient” and insert: type II ingredient, of an AC classified hazardous substance,
(b) after “criteria” insert: in this Division
(4) In Schedule 5.1 in the item under the heading “Type III ingredients”:
(a) delete “type III ingredient” and insert: type III ingredient, of an AC classified hazardous
substance,
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(b) after “criteria” insert: in this Division
(5) At the end of Schedule 5.1 insert: Division 2 — Ingredients of GHS classified hazardous
substances
Term used: hazard class
In this Division —
hazard class means a hazard class described in the GHS.
Type I ingredients
A type I ingredient, of a GHS classified hazardous
substance, is an ingredient in a hazard class set out in the
Table which is present in a quantity that exceeds the cut-off
values/concentration limit set out in the Table for thathazard class.
Table
Hazard class Cut-off value/concentration limit
Acute toxicity (Categories 1, 2
and 3) ≥ 1.0% Skin corrosion (Categories 1, ≥ 1.0% 1A, 1B and 1C) Serious eye damage (Category 1) ≥ 1.0% Respiratory/skin sensitisation (Categories 1, 1A and 1B) ≥ 0.1% Germ cell mutagenicity (Categories 1, 1A and 1B) ≥ 0.1% Germ cell mutagenicity (Category 2) ≥ 1.0% Carcinogenicity (Categories 1, 1A, 1B and 2) ≥ 0.1% Reproductive toxicity (Categories 1, 1A, 1B and 2) ≥ 0.1% Specific target organ toxicity (single exposure) (Categories 1 and 2) ≥ 1.0%
10 December 2010 GOVERNMENT GAZETTE, WA 6283
Hazard class Cut-off value/concentration limit
Specific target organ toxicity
(repeated exposure)
(Categories 1 and 2) ≥ 1.0% Aspiration hazard (Category 1) ≥ 10% of Category 1 ingredient(s) and kinematic
viscosity ≤ 20.5 mm2/s at 40ºC
Type II ingredients
A type II ingredient, of a GHS classified hazardous
substance, is an ingredient in a hazard class set out in the
Table which is present in a quantity that exceeds the cut-off
values/concentration limit set out in the Table for thathazard class.
Table
Hazard class Cut-off value/concentration limit
Acute toxicity (Category 4) ≥ 1.0% Skin irritation (Category 2) ≥ 1.0% Serious eye irritation (Category 2A) ≥ 1.0% Specific target organ toxicity (single exposure) (Category 3) ≥ 1.0% Type III ingredients
A type III ingredient, of a GHS classified hazardous
substance, is an ingredient which does not meet the criteria
in this Division for either a type I ingredient or a type IIingredient.
By Command of the deputy of the Governor,
G. MOORE, Clerk of the Executive Council.
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