Untitled document

Occupational Health and Safety Amendment (Hazardous Substances Classification) Regulations 2010

S.R. No. 18/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definitions

5Amendment to regulation 4.1.4

6Amendment to regulation 4.1.6

7Amendments to regulation 4.1.10

8Amendment to regulation 5.1.9

9Amendments to Schedule 9

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 18/2010

Occupational Health and Safety Act 2004

Occupational Health and Safety Amendment (Hazardous Substances Classification) Regulations 2010

The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 13 April 2010

Responsible Minister:

TIM HOLDING
Minister for WorkCover

MATTHEW McBEATH

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2007 to recognise the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals (the GHS) as an alternative standard for the classification and labelling of hazardous substances, and for other purposes.

2Authorising provision

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

3Principal Regulations

In these Regulations, the Occupational Health and Safety Regulations 2007[1] are called the Principal Regulations.

4Definitions

In regulation 1.1.5 of the Principal Regulations—

(a)in the definition of container, for paragraph (b) substitute—

"(b)a container within the meaning of bulk in the Dangerous Goods (Storage and Handling) Regulations 2000;";

(b)insert the following definition—

"GHS means the Globally Harmonized System of Classification and Labelling of Chemicals, published by the United Nations in 2009;";

(c)in the definition of hazardous substance, after paragraph (b) insert—

"or

(c)meets the criteria for hazard classification set out in Part 3 (Health Hazards) of the GHS;";

(d)in the definition of risk phrase, after paragraph (b) insert—

"or

(c)as set out in the hazard statements in section 1 of Annex 3 of the GHS;";

(e)in the definition of safety phrase, after paragraph (b) insert—

"or

(c)as set out in the precautionary statements in section 2 of Annex 3 of the GHS;".

5Amendment to regulation 4.1.4

In Note 2 at the foot of regulation 4.1.4(1) of the Principal Regulations, for "or the Approved Criteria for Classifying Hazardous Substances" substitute ", the Approved Criteria for Classifying Hazardous Substances or the GHS".

6Amendment to regulation 4.1.6

For regulation 4.1.6(1)(f) of the Principal Regulations substitute—

"(f)the hazard classification of the substance determined in accordance with—

(i)the HSIS; or

(ii)the Approved Criteria for Classifying Hazardous Substances; or

(iii)the GHS; and".

7Amendments to regulation 4.1.10

(1)After regulation 4.1.10(1)(a) of the Principal Regulations insert—

"(ab)the container is labelled in English in accordance with the GHS and contains the name, address and telephone number of—

(i)the manufacturer of the substance in Australia; or

(ii)the importing supplier of the substance in Australia; or".

(2)After regulation 4.1.10(2) of the Principal Regulations insert—

"(2A)Nothing in subregulation (1)(ab) prevents a manufacturer or importing supplier from labelling a container with the information required by that subregulation in appropriate languages in addition to English.".

8Amendment to regulation 5.1.9

At the foot of regulation 5.1.9(1) of the Principal Regulations insert—

"Note

Act compliance—sections 21 and 23 (see regulation 1.1.7).".

9Amendments to Schedule 9

(1)In clause 1 of Schedule 9 to the Principal Regulations—

(a)in the definition of class, for "ADG Code" substitute "Dangerous Goods (Transport by Road or Rail) Regulations 2008";

(b)in the definition of Packing Group, for "ADG Code" substitute "Dangerous Goods (Transport by Road or Rail) Regulations 2008".

(2)In Table 2 of Schedule 9 to the Principal Regulations—

(a)in the item relating to flammable materials, for "flashpoints <61^oC" substitute "flashpoints <60^oC";

(b)for "Appendix 5" (where twice occurring) substitute "Appendix A".

(3)In Table 3 of Schedule 9 to the Principal Regulations—

(a)for "LC₅₀<0·5" substitute "LC₅₀<0·2";

(b)for "40<LD₅₀<200" substitute "50<LD₅₀<200";

(c)for "0·5<LC₅₀<2" substitute "0·2<LC₅₀<2".

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ENDNOTES

[1] Reg. 3: S.R. No. 54/2007 as amended by S.R. No. 140/2007.

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Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulations 4 to 7	Globally Harmonized System of Classification and Labelling of Chemicals, published by the United Nations in 2009	The whole