Work Health and Safety Amendment Regulation 2018 (No 1) (ACT)

Work Health and Safety Amendment Regulation 2018 (No 1)

Subordinate Law SL2018-2

The Australian Capital Territory Executive makes the following regulation under the Work Health and Safety Act 2011.

Dated 23 March 2018.

Rachel Stephen-Smith

Minister

Gordon Ramsay

Minister

Work Health and Safety Amendment Regulation 2018 (No 1)

Subordinate Law SL2018-2

made under the

Work Health and Safety Act 2011

Contents

Page

1            Name of regulation  1
2            Commencement  1
3            Legislation amended  1
4            New section 10A  1
5            Section 15  2
6            New chapter 7  3
7           Section 445 (1)  96
8            Section 445 (1) (b)  96
9            Section 445 (1A)  97
10          New chapter 9  97
11          Section 676, table, new items 31 to 34  171
12          Section 676, table, new items 46 to 69  172
13          Section 677  174
14          Section 678 (2)  174
15          Section 683 (1) (a)  174
16          Section 684 (4)  175
17          New division 11.2.3  175
18          New section 690  177
19          Schedule 5, section 5.1.12  177
20          New schedules 6 to 18  178
21          Dictionary, note 2  247
22          Dictionary, new definitions  247
23          Dictionary, definition of boiler, paragraph (b) (ii), notes  248
24          Dictionary, new definitions  248
25          Dictionary, definition of class, new paragraph (c)  249
26          Dictionary, new definitions  249
27          Dictionary, definition of exposure standard, notes  250
28          Dictionary, new definitions  250
29          Dictionary, definition of flammable gas  251
30          Dictionary, new definition of flammable liquid  251
31          Dictionary, definition of GHS  252
32          Dictionary, new definitions  252
33          Dictionary, definition of licence-holder, new paragraph (d)                254
34          Dictionary, new definitions  254
35          Dictionary, definition of registered training organisation (RTO), new note 258
36          Dictionary, new definitions  258
37          Dictionary, definition of Safe Work Australia, new note  259
38          Dictionary, new definitions  259
39          Dictionary, definition of VET course, new note  261

Name of regulation
This regulation is the Work Health and Safety Amendment Regulation 2018 (No 1).
Commencement
This regulation commences on the commencement of the Work Health and Safety Legislation Amendment Act 2018, section 3.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This regulation amends the Work Health and Safety Regulation 2011.
New section 10A
insert

10AApplication of the Act to dangerous goods—Act, sch 1, s 6, definition of dangerous goods
Dangerous goods under the ADG Code listed in table 328, column 2, are prescribed as dangerous goods if the quantity of the goods at the premises at or in which the goods are stored or handled is more than the relevant threshold for the goods mentioned in table 328, column 3.

Section 15
substitute
Disapplication of Legislation Act, s 47 (5) and (6)
(1)The Legislation Act, section 47 (5) does not apply in relation to an instrument applied, adopted or incorporated as in force at a particular time under this regulation unless the instrument is expressed to be a notifiable instrument.
Examples—instruments to which s 47 (5) does not apply
1     an Australian Standard
2     the Globally Harmonised System of Classification and Labelling of Chemicals (GHS)
3     the Australian Miniature Boiler Safety Committee Code (AMBSC)
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)The Legislation Act, section 47 (6) does not apply in relation to an instrument applied, adopted or incorporated as in force from time to time under this regulation unless the instrument is expressed to be a notifiable instrument.
Examples—instruments to which s 47 (6) does not apply
1     the Australian Code for the Transport of Dangerous Goods by Road and Rail (ADG Code)
2     the Standard for the Uniform Scheduling of Medicines and Poisons
New chapter 7
insert

Chapter 7Hazardous chemicals
Part 7.1Hazardous chemicals
NoteMost of the obligations in this part apply to persons conducting businesses or undertakings at a workplace. However, some obligations apply to persons in different capacities, for example importers and suppliers of hazardous chemicals.

Division 7.1.1 Application—pt 7.1

Application—pt 7.1
(1)This part applies to—
(a)the use, handling and storage of hazardous chemicals at a workplace and the generation of hazardous substances at a workplace; and
(b)a pipeline used to convey a hazardous chemical.
(1A)This part applies to the handling or storage of dangerous goods mentioned in table 328, column 2, other than at a workplace, only if the quantity of the dangerous goods is more than the threshold quantity mentioned in table 328, column 3 for the dangerous good.
NoteThe Act, sch 1, applies the Act to the storage and handling of prescribed dangerous goods even if they are not at a workplace or for use in carrying out work (see also s 10 and s 10A).

Table 328

column 1 item	column 2 dangerous goods	column 3 threshold quantities
1	liquefied petroleum gas (LP gas) (dangerous goods class 2.1)	if the LP gas is stored in packages outside a building, and connected by piping to appliances within the building that contain the gas—500L (water capacity)
2	compressed gas of class 2.1 (excluding LP gas), class 2.2 or compressed oxygen	(a) if the dangerous goods as a whole form part of a welding set or are used or intended to be used with a portable flame torch and each dangerous good is in 1 or more containers—50L (aggregate capacity of the containers); or (b) if the compressed oxygen or gas is used or intended to be used for medical purposes—nil
3	dangerous goods class 3	250L
4	pool chlorine and spa sanitising agents	100kg or L
5	sodium hypochlorite designated by UN number 1791	100L
6	dangerous goods class 9	100kg or L
7	dangerous goods packing group 1	5kg or L
8	C1 combustible liquids	1 000L
9	dangerous goods class 2.3	nil
10	any dangerous goods other than those stated above	100kg or L

(2)This part does not apply to a pipeline that is regulated under the Gas Safety Act 2000 or the Utilities (Technical Regulation) Act 2014.
(3)This part does not apply to hazardous chemicals and explosives being transported by road, rail, sea or air if the transport is regulated under the following:
(a)the Dangerous Goods (Road Transport) Act 2009;
NoteThe Technical Instructions for the Safe Transport of Dangerous Goods by Air does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Instructions are available at Technical Instructions for the Safe Transport of Dangerous Goods by Air, published by the International Civil Aviation Organisation;
NoteThe Technical Instructions for the Safe Transport of Dangerous Goods by Air do not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Instructions are available at Dangerous Goods Regulations, published by the International Air Transport Association.
NoteThe Dangerous Goods Regulations do not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Regulations are available at part does not apply to the following hazardous chemicals in the circumstances described:
(a)hazardous chemicals in batteries when incorporated in plant;
(b)fuel, oils or coolants in a container fitted to a vehicle, vessel, aircraft, mobile plant, appliance or other device, if the fuel, oil or coolant is intended for use in the operation of the device;
(c)fuel in the fuel container of a domestic or portable fuel burning appliance, if the quantity of fuel does not exceed 25kg or 25L;
(d)hazardous chemicals in portable firefighting or medical equipment for use in a workplace;
(e)hazardous chemicals that form part of the integrated refrigeration system of refrigerated freight containers;
(f)potable liquids that are consumer products at retail premises.
(5)This part, other than the following sections and schedule 7 (Safety data sheets), does not apply to substances, mixtures or articles categorised only as explosives under the GHS:
(a)section 329 (Classification of hazardous chemicals);
(b)section 330 (Manufacturer or importer to prepare and provide safety data sheets);
(c)section 339 (Supplier to provide safety data sheets);
(d)section 344 (Person conducting business or undertaking to obtain and give access to safety data sheets);
(e)section 345 (Changes to safety data sheets).
NoteExplosives are regulated under the Dangerous Substances (Explosives) Regulation 2004.
(6)This part does not apply to the following:
(a)food and beverages within the meaning of the Australia New Zealand Food Standards Code that are in a package and form intended for human consumption;
NoteThe Australia New Zealand Food Standards Code does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Code is available at or products made of tobacco;
(c)therapeutic goods within the meaning of the Therapeutic Goods Act 1989 (Cwlth) at the point of intentional intake by or administration to humans;
NoteThe Therapeutic Goods Act 1989 (Cwlth) does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Act is available at chemical products within the meaning of the Agvet Code at the point of intentional administration to animals.
(7)In this section:
Australia New Zealand Food Standards Code—see the Food Standards Australia New Zealand Act 1991 (Cwlth), section 4.
Division 7.1.2 Obligations relating to safety data sheets and other matters
Subdivision 7.1.2.1 Obligations of manufacturers and importers
Note 1A manufacturer or importer of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.
Note 2A manufacturer or importer is defined in the Act, s 23 or s 24 as a person conducting a business or undertaking of manufacturing or importing.
Classification of hazardous chemicals
The manufacturer or importer of a substance, mixture or article must, before first supplying it to a workplace—
(a)determine whether the substance, mixture or article is a hazardous chemical; and
(b)if the substance, mixture or article is a hazardous chemical—ensure that the hazardous chemical is correctly classified in accordance with schedule 9, part 9.1 (Correct classification).
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Manufacturer or importer to prepare and provide safety data sheets
(1)A manufacturer or importer of a hazardous chemical must prepare a safety data sheet for the hazardous chemical—
(a)before first manufacturing or importing the hazardous chemical; or
(b)if that is not practicable—as soon as practicable after first manufacturing or importing the hazardous chemical and before first supplying it to a workplace.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)The safety data sheet must comply with schedule 7, section 7.1 (Safety data sheets—content) unless section 331 applies.
(3)The manufacturer or importer of the hazardous chemical must—
(a)review the safety data sheet at least once every 5 years; and
(b)amend the safety data sheet whenever necessary to ensure that it contains correct, current information.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(4)The manufacturer or importer of the hazardous chemical must provide the current safety data sheet for the hazardous chemical to any person, if the person—
(a)is likely to be affected by the hazardous chemical; and
(b)asks for the safety data sheet.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(5)Subsections (3) and (4) do not apply to a manufacturer or importer of a hazardous chemical who has not manufactured or imported the hazardous chemical in the past 5 years.
Safety data sheets—research chemical, waste product or sample for analysis
(1)This section applies if—
(a)a hazardous chemical is a research chemical, waste product or sample for analysis; and
(b)it is not reasonably practicable for a manufacturer or importer of the hazardous chemical to comply with schedule 7, section 7.1 (Safety data sheets—content).
(2)The manufacturer or importer must prepare a safety data sheet for the hazardous chemical that complies with schedule 7, section 7.2 (Safety data sheets—research chemical, waste product or sample for analysis).
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Emergency disclosure of chemical identities to registered medical practitioner
(1)This section applies if a registered medical practitioner—
(a)reasonably believes that knowing the chemical identity of an ingredient of a hazardous chemical may help to treat a patient; and
(b)requests the manufacturer or importer of the hazardous chemical to give the registered medical practitioner the chemical identity of the ingredient; and
(c)gives an undertaking to the manufacturer or importer that the chemical identity of the ingredient will be used only to help treat the patient; and
(d)gives an undertaking to the manufacturer or importer to give the manufacturer or importer as soon as practicable a written statement about the need to obtain the chemical identity of the ingredient.
(2)The manufacturer or importer of a hazardous chemical must give the registered medical practitioner the chemical identity of an ingredient of the hazardous chemical as soon as practicable.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Emergency disclosure of chemical identities to emergency service worker
The manufacturer or importer of a hazardous chemical must give an emergency service worker the chemical identity of an ingredient of the hazardous chemical as soon as practicable after the worker requests it.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Packing hazardous chemicals
The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly packed, in accordance with schedule 9, part 9.2 (Correctly packing hazardous chemicals) as soon as practicable after manufacturing or importing the hazardous chemical.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Labelling hazardous chemicals
(1)The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly labelled as soon as practicable after manufacturing or importing the hazardous chemical.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)A hazardous chemical is correctly labelled if—
(a)the selection and use of label elements is in accordance with the GHS and it complies with schedule 9, part 9.3 (Correct labelling); or
(b)the label includes content that complies with another labelling requirement imposed by this regulation, any other territory law or Commonwealth law and the content is the same, or substantially the same, as the content that is required by schedule 9, part 9.3.
(3)This section does not apply to a hazardous chemical if—
(a)the hazardous chemical is a consumer product that is labelled in accordance with the Standard for the Uniform Scheduling of Medicines and Poisons, as in force or remade from time to time; and
NoteThe Standard for the Uniform Scheduling of Medicines and Poisons does not need to be notified under the Legislation Act because s 47 (6) does not apply (see s 15 and Legislation Act, s 47 (7)). The Standard is available at container for the hazardous chemical has its original label; and
(c)it is reasonably foreseeable that the hazardous chemical will be used in a workplace only in—
(i)a quantity that is consistent with household use; and
(ii)a way that is consistent with household use; and
(iii)a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.
(4)This section does not apply to hazardous chemicals in transit.
(5)This section does not apply to a hazardous chemical that is—
(a)therapeutic goods within the meaning of the Therapeutic Goods Act 1989 (Cwlth); and
NoteThe Therapeutic Goods Act 1989 (Cwlth) does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Act is available at a form intended for human consumption, for administration to or by a person or use by a person for therapeutic purposes; and
(c)labelled in accordance with that Act or an order made under that Act.
(6)This section does not apply to cosmetics and toiletries.
(7)This section does not apply to a hazardous chemical that is—
(a)a veterinary chemical product within the meaning of the Agvet Code; and
(b)listed in—
(i)the Standard for the Uniform Scheduling of Medicines and Poisons, part 4, schedule 4, if the chemical product is packaged and supplied in a form intended for direct administration to an animal for therapeutic purposes; or
(ii)the Standard for the Uniform Scheduling of Medicines and Poisons, part 4, schedule 8.
(8)This section does not apply to a substance seized by a police officer under the Drugs of Dependence Act 1989.

Subdivision 7.1.2.2 Obligations of suppliers
Note 1A supplier of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.
Note 2A supplier is defined in the Act, s 25 as a person who conducts a business or undertaking of supplying.
Note 3An operator of a major hazard facility is required to notify certain quantities of hazardous chemicals under pt 9.2.

Restriction on age of person who can supply hazardous chemicals
A person conducting a business or undertaking must not direct or allow a worker to supply a hazardous chemical that is a flammable gas or flammable liquid to another person into any container or vehicle provided by that other person unless the worker is at least 16 years of age.
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Examples
1 decanting fuel into a fuel container
2 refuelling a car
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Retailer or supplier packing hazardous chemicals
(1)The supplier of a hazardous chemical must not supply the hazardous chemical for use at another workplace if the supplier knows or ought reasonably to know that the hazardous chemical is not correctly packed.
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)A retailer who supplies a hazardous chemical in a container provided by the person supplied with the chemical must ensure that the hazardous chemical is correctly packed.
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Supplier labelling hazardous chemicals
The supplier of a hazardous chemical must not supply the hazardous chemical to another workplace if the supplier knows or ought reasonably to know that the hazardous chemical is not correctly labelled in accordance with section 335 (Labelling hazardous chemicals).
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Supplier to provide safety data sheets
(1)The supplier of a hazardous chemical to a workplace must ensure that the current safety data sheet for the hazardous chemical is provided with the hazardous chemical—
(a)when the hazardous chemical is first supplied to the workplace; and
(b)if the safety data sheet for the hazardous chemical is amended—when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)A hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace within 5 years.
(3)The supplier of a hazardous chemical to a workplace must ensure that the current safety data sheet for the hazardous chemical is provided to a person at the workplace if the person asks for the safety data sheet.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(4)This section does not apply to a supplier of a hazardous chemical if—
(a)the hazardous chemical is a consumer product; or
(b)the supplier is a retailer.
NoteA manufacturer or importer is required to prepare a safety data sheet under s 330.
Supply of prohibited and restricted carcinogens
(1)The supplier of a prohibited carcinogen referred to in an item in schedule 10, table 10.1 (Prohibited carcinogens) must not supply the substance unless the person to be supplied with the substance gives the supplier evidence that—
(a)the substance is to be used, handled or stored for genuine research or analysis; and
(b)either—
(i)the regulator has authorised the person to use, handle or store the substance under section 384 (Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens); or
(ii)the regulator has granted an exemption under part 11.2 (Exemptions) to the person to use, handle or store the substance.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)The supplier of a restricted carcinogen referred to in an item in schedule 10, table 10.2 (Restricted carcinogens), column 2 must not supply the substance for a use referred to in column 3 for the item unless the person to be supplied with the substance gives the supplier evidence that—
(a)the regulator has authorised the person to use, handle or store the substance under section 384; or
(b)the regulator has granted an exemption to the person under part 11.2 to use, handle or store the substance.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3)A supplier under subsection (1) or (2) must keep a record of—
(a)the name of the person supplied; and
(b)the name and quantity of the substance supplied.
Maximum penalty:
(a)in the case of an individual—$1 250; or
(b)in the case of a body corporate—$6 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(4)The supplier must keep the record for 5 years after the substance was last supplied to the person.
Maximum penalty:
(a)in the case of an individual—$1 250; or
(b)in the case of a body corporate—$6 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).

Subdivision 7.1.2.3 Obligations of persons conducting businesses or undertakings

Labelling hazardous chemicals—general requirement
(1)A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical used, handled or stored at the workplace is correctly labelled in accordance with section 335 (Labelling hazardous chemicals).
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
Note 1Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Note 2Handling—see the Act, dictionary.
(2)Subsection (1) does not apply to a hazardous chemical if the chemical—
(a)was supplied before 29 March 2018; and
(b)was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note 1Section 338 applies if the chemical is being supplied to another workplace.
Note 2The National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The National Code of Practice is available at >
Labelling hazardous chemicals—containers
(1)A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical is correctly labelled in accordance with section 335 (Labelling hazardous chemicals) if the hazardous chemical is—
(a)manufactured at the workplace; or
(b)transferred or decanted from its original container at the workplace.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(1A)Subsection (1) does not apply to a hazardous chemical if the chemical—
(a)was manufactured, or transferred or decanted from its original container at the workplace, before 29 March 2018; and
(b)was, at the time it was manufactured, or transferred or decanted from its original container at the workplace, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note 1Section 338 applies if the chemical is being supplied to another workplace.
Note 2The National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The National Code of Practice is available at person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a container that stores a hazardous chemical is correctly labelled in accordance with section 335 while the container contains the hazardous chemical.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2A)Subsection (2) does not apply to a container if the container—
(a)was supplied before 29 March 2018; and
(b)was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note 1Section 338 applies if the chemical if in the container is being supplied to another workplace.
Note 2The National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The National Code of Practice is available at person conducting a business or undertaking at a workplace must ensure that a container labelled for a hazardous chemical is used only for the use, handling or storage of the hazardous chemical.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(4)This section does not apply to a container if—
(a)the hazardous chemical in the container is used immediately after it is put in the container; and
(b)the container is thoroughly cleaned immediately after the hazardous chemical is used, handled or stored so that the container is in the condition it would be in if it had never contained the hazardous chemical.
Labelling hazardous chemicals—pipe work
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a hazardous chemical in pipe work is identified by a label, sign or another way on, or near, the pipe work.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Person conducting business or undertaking to obtain and give access to safety data sheets
(1)A person conducting a business or undertaking at a workplace must obtain the current safety data sheet for a hazardous chemical prepared in accordance with this regulation from the manufacturer, importer or supplier of the hazardous chemical in the following circumstances:
(a)either—
(i)not later than when the hazardous chemical is first supplied for use at the workplace; or
(ii)if the person is not able to obtain the safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace but before the hazardous chemical is used at the workplace;
(b)if the safety data sheet for the hazardous chemical is amended—either—
(i)not later than when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended; or
(ii)if the person is not able to obtain the amended safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace after the safety data sheet is amended and before the hazardous chemical supplied is used at the workplace.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)The hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace within 5 years.
(3)The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to—
(a)a worker who is involved in using, handling or storing the hazardous chemical at the workplace; and
(b)an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace.
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
Example—readily accessible
available in electronic form at the workplace
Note 1Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Note 2An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4)Subsections (1) and (3) do not apply to a hazardous chemical that—
(a)is in transit; or
(b)if the person conducting the business or undertaking at the workplace is a retailer, is—
(i)a consumer product; and
(ii)intended for supply to other premises; or
(c)is a consumer product and it is reasonably foreseeable that the hazardous chemical will be used at the workplace only in—
(i)quantities that are consistent with household use; and
(ii)a way that is consistent with household use; and
(iii)a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.
(5)In the circumstances referred to in subsection (4), the person must ensure that sufficient information about the safe use, handling and storage of the hazardous chemical is readily accessible to—
(a)a worker at the workplace; and
(b)an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace.
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(6)The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to a person at the workplace if the person—
(a)is likely to be affected by the hazardous chemical; and
(b)asks for the safety data sheet.
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Changes to safety data sheets
A person conducting a business or undertaking at a workplace may change a safety data sheet for a hazardous chemical only if—
(a)the person—
(i)is an importer or manufacturer of the hazardous chemical; and
(ii)changes the safety data sheet in a way that is consistent with the duties of the importer or manufacturer under section 330 (Manufacturer or importer to prepare and provide safety data sheets); or
(b)the change is only the attachment of a translation of the safety data sheet, and clearly states that the translation is not part of the original safety data sheet.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
Note 1Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Note 2The manufacturer or importer of a hazardous chemical must amend a safety data sheet as necessary to ensure the information is correct and current (see s 330 (3) (b)).

Division 7.1.3 Register and manifest of hazardous chemicals
Subdivision 7.1.3.1 Hazardous chemicals register

Hazardous chemicals register
(1)A person conducting a business or undertaking at a workplace must ensure that—
(a)a register of hazardous chemicals used, handled or stored at the workplace is prepared and kept at the workplace; and
(b)the register is maintained to ensure the information in the register is up to date.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)The register must include—
(a)a list of hazardous chemicals used, handled or stored; and
(b)the current safety data sheet for each hazardous chemical listed.
(3)The person must ensure that the register is readily accessible to—
(a)a worker involved in using, handling or storing a hazardous chemical; and
(b)anyone else who is likely to be affected by a hazardous chemical at the workplace.
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(4)This section does not apply to a hazardous chemical if—
(a)the hazardous chemical is in transit, unless there is a significant or frequent presence of the hazardous chemical in transit at the workplace; or
(b)the hazardous chemical is a consumer product and the person is not required to obtain a safety data sheet for the hazardous chemical under section 344 (Person conducting business or undertaking to obtain and give access to safety data sheets).

Subdivision 7.1.3.2 Manifest of Schedule 11 hazardous chemicals

NoteSection 361 requires an emergency plan to be prepared if the quantity of hazardous chemicals used, handled or stored at a workplace exceeds the manifest quantity for that hazardous chemical.

Manifest of hazardous chemicals
(1)A person conducting a business or undertaking at a workplace must, if the quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals used, handled or stored at the workplace exceeds the manifest quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals—
(a)prepare a manifest of Schedule 11 hazardous chemicals; and
(b)amend the manifest as soon as practicable if—
(i)the type or quantity of Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals that must be listed in the manifest changes; or
(ii)there is a significant change in the information required to be recorded in the manifest.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)A manifest of Schedule 11 hazardous chemicals must comply with schedule 12 (Manifest requirements).
(3)The person must keep the manifest—
(a)in a place determined in agreement with the primary emergency service organisation; and
(b)available for inspection under the Act; and
(c)readily accessible to the emergency service organisation.
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Regulator must be notified if manifest quantities to be exceeded
(1)A person conducting a business or undertaking at a workplace must ensure that the regulator is given written notice if a quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals that exceeds the manifest quantity is used, handled or stored, or is to be used, handled or stored, at the workplace.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)The notice under subsection (1) must be given—
(a)immediately after the person knows that the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is to be first used, handled or stored at the workplace or at least 14 days before that first use handling or storage (whichever is earlier); and
(b)immediately after the person knows that there will be a significant change in the risk of using, handling or storing the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals at the workplace or at least 14 days before that change (whichever is earlier).
(3)The notice under subsection (1) must include the following:
(a)the name and ABN of the person conducting the business or undertaking;
(b)the type of business or undertaking conducted;
(c)if the workplace was previously occupied by someone else—the name of the most recent previous occupier, if known;
(d)the activities of the business or undertaking that involve using, handling or storing Schedule 11 hazardous chemicals;
(e)the manifest prepared by the person conducting the business or undertaking under section 347;
(f)in the case of a notice under subsection (2) (b)—details of the changes to the manifest.
(4)A person conducting a business or undertaking at a workplace must ensure that the regulator is given written notice as soon as practicable after the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals ceases to be used, handled or stored at the workplace if it is not likely to be used, handled or stored at the workplace in the future.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(5)The notice under subsection (4) must include the information referred to in subsection (3) (a), (b) and (d).
(6)If the regulator asks for any further information about the manifest quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals, the person must ensure that the information is given to the regulator.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
Note 1Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Note 2A fee may be determined under the Act, s 278 for this provision.
Note 3An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

Division 7.1.4 Placards

Outer warning placards—requirement to display
(1)A person conducting a business or undertaking at a workplace must ensure that an outer warning placard is prominently displayed at the workplace if the total quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals used, handled or stored at the workplace exceeds the placard quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)An outer warning placard must comply with schedule 13 (Placard requirements).
(3)This section does not apply to a workplace if—
(a)the workplace is a retail outlet; and
(b)the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is used to refuel a vehicle, and is either—
(i)a flammable gas; or
(ii)a flammable liquid.
Placard—requirement to display
(1)A person conducting a business or undertaking at a workplace must ensure that a placard is prominently displayed at the workplace if the total quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals stored at the workplace exceeds the placard quantity for the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)A placard must comply with schedule 13 (Placard requirements).
(3)This section does not apply to a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals if—
(a)the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is in bulk in a container, including an IBC, that is intended for transport and a placard is displayed on the container in accordance with the ADG Code; or
(b)the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is a flammable liquid stored in an underground tank at a retail outlet and used to refuel a vehicle.
NoteIBC—see the dictionary.

Division 7.1.5 Control of risk—obligations of persons conducting businesses or undertakings
Subdivision 7.1.5.1 General obligations relating to management of risk

Management of risks to health or safety—Act, s 19
(1)A person conducting a business or undertaking must manage, in accordance with part 3.1 (Managing risks to health and safety), risks to health and safety associated with using, handling, generating or storing a hazardous chemical at a workplace.
NoteWHS Act—s 19 (see s 9).
(2)In managing risks, the person must have regard to the following:
(a)the hazardous properties of the hazardous chemical;
(b)any potentially hazardous chemical or physical reaction between the hazardous chemical and another substance or mixture, including a substance that may be generated by the reaction;
(c)the nature of the work to be carried out with the hazardous chemical;
(d)any structure, plant or system of work—
(i)that is used in the use, handling, generation or storage of the hazardous chemical; or
(ii)that could interact with the hazardous chemical at the workplace.
Review of control measures
In addition to the circumstances in section 38 (Review of control measures), a person conducting a business or undertaking at a workplace must ensure that any measures implemented to control risks in relation to a hazardous chemical at the workplace are reviewed and, as necessary, revised in any of the following circumstances:
(a)after any change to the safety data sheet for the hazardous chemical or the register of hazardous chemicals;
(b)if the person obtains a health monitoring report for a worker under division 7.1.6 (Health monitoring) that contains—
(i)test results that indicate that the worker has been exposed to the hazardous chemical and has an elevated level of metabolites in their body for that hazardous chemical; or
(ii)any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring; or
(iii)any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing the hazardous chemical that triggered the requirement for health monitoring;
(c)if monitoring carried out under section 50 (Monitoring airborne contaminant levels) determines that the airborne concentration of the hazardous chemical at the workplace exceeds the relevant exposure standard;
(d)at least once every 5 years.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Safety signs
(1)This section applies if a safety sign is required to control an identified risk in relation to using, handling, generating or storing hazardous chemicals at a workplace.
(2)A person conducting a business or undertaking at the workplace must display a safety sign at the workplace to—
(a)warn of a particular hazard associated with the hazardous chemicals; or
(b)state the responsibilities of a particular person in relation to the hazardous chemicals.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3)The person must ensure that the safety sign is—
(a)located next to the hazard; and
(b)clearly visible to a person approaching the hazard.
(4)In this section:
safety sign does not include a placard.
Identification of risk of physical or chemical reaction
(1)A person conducting a business or undertaking at a workplace must identify any risk of a physical or chemical reaction in relation to a hazardous chemical used, handled, generated or stored at a workplace.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)Subsection (1) does not apply if the hazardous chemical undergoes the physical or chemical reaction in a manufacturing process or as part of a deliberate process or activity at the workplace.
(3)A person conducting a business or undertaking at a workplace must take all reasonable steps to ensure that a hazardous chemical is used, handled, generated or stored so as not to contaminate food, food packaging or personal use products.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Examples—personal use products
1 cosmetics
2 face washer
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4)Subsection (3) does not apply to the use of a hazardous chemical for agricultural purposes when used in accordance with the Environment Protection Regulation 2005.
Specific control—fire and explosion
A person conducting a business or undertaking at a workplace must, if there is a possibility of fire or explosion in a hazardous area being caused by an ignition source being introduced into the area, ensure that the ignition source is not introduced into the area (from outside or within the space).
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Keeping hazardous chemicals stable
(1)A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a hazardous chemical used, handled or stored at the workplace does not become unstable, decompose or change so as to—
(a)create a hazard that is different from the hazard originally created by the hazardous chemical; or
(b)significantly increase the risk associated with any hazard in relation to the hazardous chemical.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)A person conducting a business or undertaking at a workplace must ensure that—
(a)if the stability of a hazardous chemical used, handled or stored at the workplace is dependent on the maintenance of the proportions of the ingredients of the hazardous chemical—the proportions are maintained as stated in the safety data sheet for the chemical or by the manufacturer of the hazardous chemical; and
(b)if a hazardous chemical used, handled or stored at the workplace is known to be unstable above a particular temperature—the hazardous chemical is used, handled or stored at or below that temperature.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3)This section does not apply if—
(a)the hazardous chemical is changed or allowed to become unstable, without risk to health or safety, as part of a deliberate process or activity at the workplace; or
(b)the hazardous chemical undergoes a chemical reaction in a manufacturing process or as part of a deliberate process or activity at the workplace.

Subdivision 7.1.5.2 Spills and damage

Containing and managing spills
(1)A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that where there is a risk from a spill or leak of a hazardous chemical in a solid or liquid form, provision is made in each part of the workplace where the hazardous chemical is used, handled, generated or stored for a spill containment system that contains within the workplace any part of the hazardous chemical that spills or leaks, and any resulting effluent.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)The person must ensure that the spill containment system does not create a hazard by bringing together different hazardous chemicals that are not compatible.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3)The person must ensure that the spill containment system provides for the cleanup and disposal of a hazardous chemical that spills or leaks, and any resulting effluent.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(4)In this section:
compatible, for 2 or more substances, mixtures or items, means that the substances, mixtures or items do not react together to cause a fire, explosion, harmful reaction or evolution of flammable, toxic or corrosive vapour.
Protecting hazardous chemicals from damage
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that containers of hazardous chemicals and any associated pipe work or attachments are protected against damage caused by an impact or excessive loads.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).

Subdivision 7.1.5.3 Emergency plans and safety equipment

Fire protection and firefighting equipment
(1)A person conducting a business or undertaking at a workplace must ensure the following:
(a)the workplace is provided with fire protection and firefighting equipment that is designed and built for the types of hazardous chemicals at the workplace in the quantities in which they are used, handled, generated or stored at the workplace, and the conditions under which they are used, handled, generated or stored, having regard to—
(i)the fire load of the hazardous chemicals; and
(ii)the fire load from other sources; and
(iii)the compatibility of the hazardous chemicals with other substances and mixtures at the workplace;
(b)the fire protection and firefighting equipment is compatible with firefighting equipment used by the primary emergency service organisation;
(c)the fire protection and firefighting equipment is properly installed, tested and maintained;
(d)a dated record is kept of the latest testing results and maintenance until the next test is conducted.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)If a part of the fire protection and firefighting equipment provided at the workplace becomes unserviceable or inoperative, the person must ensure that—
(a)the implications of the equipment being unserviceable or inoperative are assessed; and
(b)for risks that were controlled by the equipment when functioning fully, alternative measures are taken to manage the risks.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3)The person must ensure that the fire protection and firefighting equipment is returned to full operation as soon as practicable.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).

Emergency equipment
A person conducting a business or undertaking at a workplace that uses, handles, generates or stores hazardous chemicals must ensure that equipment is always available at the workplace for use in an emergency.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
Note 1Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Note 2A person conducting a business or undertaking must comply with div 3.2.4.
Emergency plans
(1)This section applies if the quantity of a Schedule 11 hazardous chemical used, handled, generated or stored at a workplace exceeds the manifest quantity for that hazardous chemical.
(2)A person conducting a business or undertaking at the workplace must give a copy of the emergency plan prepared under division 3.2.4 (Emergency plans) for the workplace to the primary emergency service organisation.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3)If the primary emergency service organisation gives the person a written recommendation about the content or effectiveness of the emergency plan, the person must revise the plan in accordance with the recommendation.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Safety equipment
(1)This section applies if safety equipment is required to control an identified risk in relation to using, handling, generating or storing hazardous chemicals at a workplace.
(2)A person conducting a business or undertaking at the workplace must ensure that the safety equipment is provided, maintained and readily accessible to persons at the workplace.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).

Subdivision 7.1.5.4 Storage and handling systems

Control of risks from storage or handling systems
(1)A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a system used at the workplace for the use, handling or storage of hazardous chemicals—
(a)is used only for a purpose for which it was designed, manufactured, modified, supplied or installed; and
(b)is operated, tested, maintained, installed, repaired and decommissioned having regard to the health and safety of workers and other persons at the workplace.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)The person must ensure that sufficient information, training and instruction is given to a person who operates, tests, maintains or decommissions a system used at a workplace for the use, handling or storage of hazardous chemicals for the activity to be carried out safely.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Example
information provided at a training course
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Containers for hazardous chemicals used, handled or stored in bulk
A person conducting a business or undertaking at a workplace must ensure that a container in which a hazardous chemical is used, handled or stored in bulk and any associated pipe work or attachments—
(a)have stable foundations and supports; and
(b)are secured to the foundations and supports to prevent any movement between the container and the associated pipe work or attachments to prevent—
(i)damage to the container, the associated pipe work or attachments; and
(ii)a notifiable incident.
Maximum penalty:
(a)in the case of an individual—$1 250; or
(b)in the case of a body corporate—$6 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Stopping use and disposing of handling systems
(1)This section applies to a system used at a workplace for the use, handling or storage of hazardous chemicals if a person conducting a business or undertaking at the workplace intends that the system no longer be used for the use, handling or storage of the hazardous chemicals or be disposed of.
(2)The person must ensure, so far as is reasonably practicable, that the system is free of the hazardous chemicals when the system stops being used for the use, handling or storage of the hazardous chemicals, or is disposed of.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3)If it is not reasonably practicable to remove the hazardous chemicals from the system, the person must correctly label the system.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
Note 1Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Note 2For correctly labelling hazardous chemicals, see subdiv 7.1.2.3.
Stopping use of underground storage and handling systems
(1)This section applies in relation to a system used at a workplace for the use, handling or storage of hazardous chemicals underground if a person conducting a business or undertaking at the workplace intends that the system no longer be used for the use, handling or storage of the hazardous chemicals or be disposed of.
(2)The person must ensure, so far as is reasonably practicable, that the system is removed.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3)If it is not reasonably practicable to remove the system, the person must ensure, so far as is reasonably practicable, that the system is without risks to health and safety.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Notification of abandoned tank
(1)This section applies to a person conducting a business or undertaking at a workplace if—
(a)the person controls or manages a tank at the workplace that is underground, partially underground or fully mounded; and
(b)the tank was used to store flammable gases or flammable liquids.
(2)The tank is taken to be abandoned if—
(a)the tank has not been used to store flammable gases or flammable liquids for 2 years; or
(b)the person does not intend to use the tank to store flammable gases or flammable liquids again.
(3)The person must notify the regulator of the abandonment of the tank as soon as practicable after the tank is abandoned.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(4)In this section:
tank means a container, other than an IBC, designed to use, handle or store hazardous chemicals in bulk and includes fittings, closures and other equipment attached to the container.

Division 7.1.6 Health monitoring

Duty to provide health monitoring
A person conducting a business or undertaking must ensure that health monitoring is provided to a worker carrying out work for the business or undertaking if—
(a)the worker is carrying out ongoing work at a workplace using, handling, generating or storing hazardous chemicals and there is a significant risk to the worker’s health because of exposure to a hazardous chemical referred to in schedule 14, table 14.1, column 2; or
(b)the person identifies that because of ongoing work carried out by a worker using, handling, generating or storing hazardous chemicals there is a significant risk that the worker will be exposed to a hazardous chemical (other than a hazardous chemical referred to in schedule 14, table 14.1, column 2) and either—
(i)valid techniques are available to detect the effect on the worker’s health; or
(ii)a valid way of determining biological exposure to the hazardous chemical is available and it is uncertain, on reasonable grounds, whether the exposure to the hazardous chemical has resulted in the biological exposure standard being exceeded.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
Note 1Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Note 2Exposure standard—see the dictionary.
Duty to inform of health monitoring
A person conducting a business or undertaking who is required to provide health monitoring to a worker must give information about the health monitoring requirements to—
(a)a person who is likely to be engaged to carry out work using, handling, generating or storing a hazardous chemical; and
(b)a worker for the business or undertaking, before the worker commences work using, handling, generating or storing a hazardous chemical.
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Duty to ensure that appropriate health monitoring is provided
A person conducting a business or undertaking must ensure that health monitoring of a worker referred to in section 368 (Duty to provide health monitoring) includes health monitoring of a type referred to in an item in schedule 14, table 14.1, column 3 in relation to a hazardous chemical referred to in column 2 for the item, unless—
(a)an equal or better type of health monitoring is available; and
(b)the use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Duty to ensure health monitoring is supervised by registered medical practitioner with experience
(1)A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in section 368 (Duty to provide health monitoring) is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)The person must consult the worker in relation to the selection of the registered medical practitioner.
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Duty to pay costs of health monitoring
(1)A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in section 368 (Duty to provide health monitoring).
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for 1 of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.
Information that must be provided to registered medical practitioner
A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:
(a)the name and address of the person conducting the business or undertaking;
(b)the name and date of birth of the worker;
(c)the work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring;
(d)if the worker has started that work—how long the worker has been carrying out that work.
Maximum penalty:
(a)in the case of an individual—$3 600; or
(b)in the case of a body corporate—$18 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Duty to obtain health monitoring report
(1)A person conducting a business or undertaking who commissions health monitoring referred to in section 368 (Duty to provide health monitoring) must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)The health monitoring report must include the following:
(a)the name and date of birth of the worker;
(b)the name and registration number of the registered medical practitioner;
(c)the name and address of the person conducting the business or undertaking who commissioned the health monitoring;
(d)the date of the health monitoring;
(e)any test results that indicate whether or not the worker has been exposed to a hazardous chemical;
(f)any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring;
(g)any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring;
(h)whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.
Duty to give health monitoring report to worker
The person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Duty to give health monitoring report to regulator
A person conducting a business or undertaking for whom a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains—
(a)any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring; or
(b)any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Duty to give health monitoring report to relevant persons conducting businesses or undertakings
The person who commissioned health monitoring for a worker under section 368 (Duty to provide health monitoring) must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Health monitoring records
(1)A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record—
(a)identified as a record in relation to the worker; and
(b)for at least 30 years after the record is made.
Maximum penalty:
(a)in the case of an individual—$1 250; or
(b)in the case of a body corporate—$6 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker’s written consent.
Maximum penalty:
(a)in the case of an individual—$1 250; or
(b)in the case of a body corporate—$6 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3)Subsection (2) does not apply if the record is disclosed under section 376 (Duty to give health monitoring report to regulator) or section 377 (Duty to give health monitoring report to relevant persons conducting businesses or undertakings) or to a person who must keep the record confidential under a duty of professional confidentiality.

Division 7.1.7 Induction, information, training and supervision

17.2.2A description of the means of ensuring that these persons have the knowledge and skills necessary to enable them to undertake their allocated tasks and discharge their allocated responsibilities, and that they retain such knowledge and skills.
17.3Operational controls
17.3.1A description of the procedures and instructions for—
(a)the safe operation of plant (including as to inspection and maintenance); and
(b)the mechanical integrity of plant; and
(c)plant processes; and
(d)the control of abnormal operations and emergency shut down or decommissioning.

17.3.2Provision of adequate means of achieving isolation of the major hazard facility or any part of the major hazard facility in the event of an emergency.
17.3.3Provision of adequate means of gaining access for service and maintenance of the major hazard facility or any part of the major hazard facility.
17.3.4A description of the roles of persons and of the interfaces between persons and plant.
17.3.5Provision for alarm systems.
17.4Duties of operators
17.4.1A description of the means by which the operator proposes to comply with the Act and with division 9.3.3 (Determined major hazard facility—management of risk), part 9.4 (Licensed major hazard facilities—risk management) and part 9.5 (Consultation and workers’ safety role).
17.4.2In relation to each part of the documented safety management system that describes the means of compliance with a provision of chapter 9 (Major hazard facilities), an annotation or cross-reference identifying the specific provision being complied with.
17.5Management of change
A description of the procedures for planning modifications to major hazard facilities.

17.6Principles and standards
17.6.1A statement of the principles, especially the design principles and engineering standards, being used to ensure the safe operation of the major hazard facility.
17.6.2A description of any technical standards, whether published or proprietary, being relied on in relation to such principles and standards.
17.7Performance monitoring
17.7.1Performance standards for measuring the effectiveness of the safety management system, that—
(a)relate to all aspects of the safety management system; and
(b)are sufficiently detailed to ensure that the ability of the operator to ensure the effectiveness of all aspects of the safety management system is apparent from the documentation; and
(c)include steps to be taken to continually improve all aspects of the safety management system.

17.7.2A description of the way in which these performance standards are to be met.
17.7.3Performance indicators for the effectiveness of control measures implemented, including—
(a)tests of the effectiveness of the control measures; and
(b)indicators of the failure of any control measure; and
(c)actions to be taken in reporting any such failure; and
(d)other corrective actions to be taken in the event of any such failure.

17.8Audit
Provision for the auditing of performance against the performance standards, including the methods, frequency and results of the audit process.

Schedule 18Additional matters to be included in safety case for a major hazard facility

(see s 561)

Part 18.1Facility description
18.1The facility
18.1.1A brief description of the nature of the facility and its operation, including a description of on-site activities and processes that involve or will involve Schedule 15 chemicals.
18.1.2A description of the Schedule 15 chemicals and any other hazardous chemicals present or likely to be present at the facility, including—
(a)their identification by name and by any other means necessary for a clear identification; and
(b)the quantity present or likely to be present at the major hazard facility; and
(c)their physical, chemical and toxicological characteristics, and any other hazardous characteristics, both immediate and delayed; and
(d)their physical and chemical behaviour under normal conditions of use or under foreseeable abnormal conditions.

18.1.3A description of the chemical and physical processes associated with any Schedule 15 chemicals present or likely to be present at the facility, including—
(a)the main units of plant used in those processes; and
(b)a process flow drawing, or set of flow drawings, describing the processes.

18.1.4A drawing of the major hazard facility’s general layout, containing the location of—
(a)the main process units; and
(b)the main storage areas; and
(c)major incident hazards and major incident initiators.

18.1.5In relation to proposed changes at the major hazard facility for which no new control measures are implemented—
(a)a description of any proposed changes to the major hazard facility that would—
(i)alter the production capacity or profile of the major hazard facility; or
(ii)involve the deletion, addition or modification of any processes; and

(b)a statement as to how existing control measures and work health and safety management systems are capable of maintaining the safe operation of the major hazard facility.

18.2The surrounding area
18.2.1A detailed scale plan of the facility and its surrounding area showing—
(a)the location of the facility within the surrounding area; and
(b)topographical information; and
(c)land use, occupancy and activities in the surrounding area and any other closely located major hazard facilities and hazardous chemical storage sites; and
(d)the location of any identified external conditions (including other major hazard facilities or other facilities that could affect the safety of the major hazard facility).

18.2.2Graphically presented demographic information for the local community, including surrounding land uses permitted by the planning and land authority.
NotePlanning and land authority—see the Legislation Act, dictionary, pt 1.

18.2.3Meteorological data relevant to the estimation of the effects of any major incident.

Part 18.2Safety information
18.3Control measures to limit the consequences of major incidents
18.3.1A detailed description of—
(a)the instrumentation and other equipment installed in the facility and the processes and procedures in place that are the control measures to be implemented by the operator; and
(b)the critical operating parameters for those control measures; and
(c)key personnel and resources (internal and external) available to intervene in the event of any failure of a control measure, whether or not that failure results in a major incident; and
(d)a summary of the emergency plan, including specific information about how the plan can be expected to limit the consequences of a major incident; and
(e)the means of ensuring that there is at all times a command structure in place for the major hazard facility that applies in the event of an emergency, and that this command structure has been communicated to workers throughout the major hazard facility.

18.3.2In this section:
critical operating parameters means the upper or lower performance limits of any equipment, process or procedure, compliance with which is necessary to avoid a major incident.
failure of a control measure means—
(a)if the control measure is a positive action or event—the non‑occurrence or the defective occurrence of that action or event; or
(b)if the control measure consists of a limitation on an operational activity, process or procedure—the breach of that limitation.

18.4Performance monitoring
A detailed description of the performance standards and performance indicators required by schedule 17, section 17.7 (Performance monitoring) to be included in the safety management system.

18.5Safety management system
18.5.1At all points in the safety case where the matter addressed is covered by the safety management system, a clear reference to the relevant part of the documented safety management system.
18.5.2A description of those parts of the documented safety management system that address the ongoing effective implementation and ongoing review and revision of the safety management system.
18.6Safety and reliability of facility structures and plant
A description of the steps taken to ensure that safety and reliability are incorporated into the design and construction of all aspects of the major hazard facility itself, whether the operator is directly engaged in the design and construction or has engaged another person to carry out the design and construction.

18.7Major incident history
A summary of the major incidents that have occurred at the major hazard facility over the previous 5 years.

Dictionary, note 2
insert
·     chief health officer
·     found guilty
·     person
·     planning and land authority
Dictionary, new definitions
insert
abrasive blasting means propelling a stream of abrasive material at high speed against a surface using compressed air, liquid, steam, centrifugal wheels or paddles to clean, abrade, etch or otherwise change the original appearance or condition of the surface.
ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, approved by the Transport and Infrastructure Council, as in force from time to time.
NoteThe Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition does not need to be notified under the Legislation Act because s 47 (6) does not apply (see s 15 and Legislation Act, s 47 (7)). The Code is available at Code means the Agricultural and Veterinary Chemicals Code set out in the schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth).
article means a manufactured item, other than a fluid or particle, that—
(a)is formed into a particular shape or design during manufacture; and
(b)has hazard properties and a function that is wholly or partly dependent on the shape or design.
biological monitoring means—
(a)the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance; or
(b)blood lead level monitoring.
blood lead level means the concentration of lead in whole blood expressed in micromoles per litre (µmol/L) or micrograms per decilitre (µg/dL).
blood lead level monitoring means the testing of the venous or capillary blood of a person by a laboratory accredited by NATA, under the supervision of a registered medical practitioner, to determine the blood lead level.
Dictionary, definition of boiler, paragraph (b) (ii), notes
substitute
NoteThe AMBSC does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The AMBSC may be purchased at >
Dictionary, new definitions
insert
bulk, in relation to a hazardous chemical, means any quantity of a hazardous chemical that is—
(a)in a container with a capacity exceeding 500L or net mass of more than 500kg; or
(b)if the hazardous chemical is a solid—an undivided quantity exceeding 500kg.
capacity, of a container for chapter 7 (Hazardous chemicals), means the internal volume of the container at a temperature of 15°C expressed in litres.
chemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service, or a technical name, that gives a chemical a unique identity.
NoteNomenclature systems of the International Union of Pure and Applied Chemistry are available at Nomenclature systems of the Chemical Abstracts Service are available at >
Dictionary, definition of class, new paragraph (c)
insert
(c)for schedule 15—see schedule 15, section 15.1.
Dictionary, new definitions
insert
class label means a pictogram described in the ADG Code for a class, or division of a class, of dangerous goods.
consumer product means a thing that—
(a)is packed or repacked primarily for use by a household consumer or for use in an office; and
(b)if the thing is packed or repacked primarily for use by a household consumer—is packed in the way and quantity in which it is intended to be used by a household consumer; and
(c)if the thing is packed or repacked primarily for use in an office—is packed in the way and quantity in which it is intended to be used for office work.
container, in relation to a hazardous chemical, means anything in or by which a hazardous chemical is, or has been, wholly or partly covered, enclosed or packed, including anything necessary for the container to perform its function as a container.
correct classification means the set of hazard classes and hazard categories assigned to a hazardous chemical when it is correctly classified.
NoteSch 9, pt 9.1 sets out when a hazardous chemical is correctly classified.
determined major hazard facility means a facility that has been determined under section 541 (Determination in relation to facility, on inquiry) or section 542 (Determination in relation to over-threshold facility) to be a major hazard facility.
division, for schedule 15—see schedule 15, section 15.1.
Dictionary, definition of exposure standard, notes
substitute
NoteThe Workplace Exposure Standard for Airborne Contaminants does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Standard is available at >
Dictionary, new definitions
insert
facility, for chapter 9 (Major hazard facilities), means a workplace at which Schedule 15 chemicals are present or likely to be present.
female of reproductive capacity, in part 7.2 (Lead), means a female other than a female who provides information stating that she is not of reproductive capacity.
fire risk hazardous chemical means a hazardous chemical that—
(a)is any of the following:
(i)a flammable gas;
(ii)a flammable liquid (hazard category 1 to 3);
(iii)a flammable solid;
(iv)a substance liable to spontaneous combustion;
(v)a substance which, in contact with water, emits flammable gases;
(vi)an oxidizing substance;
(vii)an organic peroxide; and
(b)burns readily or supports combustion.
Dictionary, definition of flammable gas
substitute
flammable gas—see the GHS.
Dictionary, new definition of flammable liquid
insert
flammable liquid means a flammable liquid within the meaning of the GHS that has a flash point of less than 93°C.
Dictionary, definition of GHS
substitute
GHS means the Globally Harmonized System of Classification and Labelling of Chemicals, 3rd revised edition, published by the United Nations, as modified under schedule 6 (Classification of mixtures).
Note 1The Globally Harmonized System of Classification and Labelling of Chemicals, 3rd revised edition does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The System is available at 2The sch 6 tables replace some tables in the GHS.
Dictionary, new definitions
insert
hazard category means a division of criteria within a hazard class in the GHS.
hazard class means the nature of a physical, health or environmental hazard under the GHS.
hazard pictogram means a graphical composition, including a symbol plus other graphical elements, that is assigned in the GHS to a hazard class or hazard category.
hazard statement means a statement assigned in the GHS to a hazard class or hazard category describing the nature of the hazards of a hazardous chemical including, if appropriate, the degree of hazard.
hazardous chemical means a substance, mixture or article that satisfies the criteria for a hazard class in the GHS (including a classification referred to in schedule 6 (Classification of mixtures)), but does not include a substance, mixture or article that satisfies the criteria solely for 1 of the following hazard classes:
(a)acute toxicity—oral—category 5;
(b)acute toxicity—dermal—category 5;
(c)acute toxicity—inhalation—category 5;
(d)skin corrosion/irritation—category 3;
(e)serious eye damage/eye irritation—category 2B;
(f)aspiration hazard—category 2;
(g)flammable gas—category 2;
(h)acute hazard to the aquatic environment—category 1, 2 or 3;
(i)chronic hazard to the aquatic environment—category 1, 2, 3 or 4;
(j)hazardous to the ozone layer.
NoteThe sch 6 tables replace some tables in the GHS.
Hazchem Code means a Hazchem Code under the ADG Code, also known as an Emergency Action Code.
IBC—see intermediate bulk container.
intermediate bulk container (or IBC)—see the ADG Code.
in transit, in relation to a thing, means that the thing is—
(a)supplied to, or stored at, a workplace in containers that are not opened at the workplace; and
(b)not used at the workplace; and
(c)kept at the workplace for not more than 5 consecutive days.
lead means lead metal, lead alloys, inorganic lead compounds and lead salts of organic acids.
lead process, for part 7.2 (Lead)—see section 392.
lead process area means a workplace or part of a workplace where a lead process is carried out.
lead risk work, for part 7.2 (Lead)—see section 394.
Dictionary, definition of licence-holder, new paragraph (d)
insert
(d)in the case of a major hazard facility licence—the operator of the major hazard facility to whom the licence is granted or transferred.
Dictionary, new definitions
insert
licensed major hazard facility means a major hazard facility that is licensed under part 9.7 (Licensing of major hazard facilities).
local community, in relation to a major hazard facility, means the community in the surrounding area.
major hazard facility means a facility—
(a)at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity; or
(b)that is determined by the regulator under part 9.2 (Determinations about major hazard facilities) to be a major hazard facility.
major hazard facility licence means a licence granted under part 9.7 (Licensing of major hazard facilities) in relation to a major hazard facility.
major incident, for chapter 9 (Major hazard facilities)—see section 531.
major incident hazard means a hazard that could cause, or contribute to causing, a major incident.
manifest means a written summary of the hazardous chemicals used, handled or stored at a workplace.
NoteSee sch 12 (Manifest requirements) for what a manifest must contain.
manifest quantity, in relation to a Schedule 11 hazardous chemical, means the manifest quantity referred to in Schedule 11, table 11.1, column 5 for that hazardous chemical.
mixture, for part 7.1 (Hazardous chemicals), means a combination of, or a solution composed of, 2 or more substances that do not react with each other.
modification, of a facility—see section 534.
operator, of a facility or a proposed facility—see section 533.
packaged hazardous chemicals means Schedule 11 hazardous chemicals in a container with—
(a)a capacity not exceeding 500L; or
(b)a net mass not exceeding 500kg.
packing group, for schedule 15—see schedule 15, section 15.1.
pipe work means a pipe or assembly of pipes, pipe fittings, valves and pipe accessories used to convey a hazardous chemical.
placard means a sign or notice—
(a)displayed or intended for display in a prominent place, or next to a container or storage area for hazardous chemicals at a workplace; and
(b)that contains information about the hazardous chemical stored in the container or storage area.
placard quantity, in relation to a Schedule 11 hazardous chemical, means the placard quantity referred to in Schedule 11, table 11.1 column 4 for the Schedule 11 hazardous chemical.
precautionary statement means a phrase prescribed by the GHS that describes measures that are recommended to be taken to prevent or minimise—
(a)the adverse effects of exposure to a hazardous chemical; or
(b)improper handling of a hazardous chemical.
present or likely to be present, in relation to hazardous chemicals, including Schedule 15 chemicals, at a facility or proposed facility—see section 532.
primary emergency service organisation means fire and rescue service.
NoteFire and rescue service—see the Legislation Act, dictionary, pt 1.
product identifier means the name or number used to identify a product on a label or in a safety data sheet.
prohibited carcinogen means a substance—
(a)listed in schedule 10, table 10.1, column 2; and
(b)present in a concentration of—
(i)for a solid or liquid—0.1% or more, determined as a weight/weight (w/w) concentration; and
(ii)for a gas—0.1% or more, determined as a volume/volume (v/v) concentration.
proposed facility means—
(a)an existing workplace that is to become a facility due to the introduction of Schedule 15 chemicals; or
(b)a facility that is being designed or constructed.
proposed major hazard facility means—
(a)an existing facility or other workplace that is to become a major hazard facility due to the introduction of Schedule 15 chemicals or the addition of further Schedule 15 chemicals; or
(b)a major hazard facility that is being designed or constructed.
quantity, for chapter 7 (Hazardous chemicals), means—
(a)for a hazardous chemical that is not a liquid or a gas or a gas under pressure and is in a container or storage or handling system—the mass in kilograms of the hazardous chemical in the container or storage or handling system; and
(b)for a hazardous chemical that is a liquid and is not a gas under pressure and is in a container or storage or handling system—the net capacity in litres of the container or storage or handling system; and
(c)for a hazardous chemical that is a gas or gas under pressure in a container or storage or handling system—the water capacity in litres of the container or storage or handling system; and
(d)for a hazardous chemical that is not a liquid and is in bulk and not in a container—the undivided mass in kilograms; and
(e)for a hazardous chemical that is a thing and is not a gas—the net capacity of the part of the thing that comprises a hazardous chemical.

Dictionary, definition of registered training organisation (RTO), new note
insert
NoteThe National Vocational Education and Training Regulator Act 2011 (Cwlth) does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Act is available at >
Dictionary, new definitions
insert
research chemical means a substance or mixture that—
(a)is manufactured in a laboratory for genuine research; and
(b)is not for use or supply for a purpose other than analysis or genuine research.
restricted carcinogen means a substance—
(a)listed in Schedule 10, table 10.2, column 2 for a use listed in column 3; and
(b)present in a concentration of—
(i)for a solid or liquid—0.1% or more, determined as a weight/weight (w/w) concentration; and
(ii)for a gas—0.1% or more, determined as a volume/volume (v/v) concentration.
retailer means a person whose principal business is supplying consumer products to members of the public who are not engaged in the further supply of those products.
safety data sheet means a safety data sheet prepared under section 330 (Manufacturer or importer to prepare and provide safety data sheets) or section 331 (Safety data sheets—research chemical, waste product or sample for analysis).
Dictionary, definition of Safe Work Australia, new note
insert
NoteThe Safe Work Australia Act 2008 (Cwlth) does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Act is available at >
Dictionary, new definitions
insert
Schedule 11 hazardous chemical means a hazardous chemical or combination of hazardous chemicals specified in schedule 11, table 11.1.
Schedule 15 chemical means a hazardous chemical that—
(a)is specified in schedule 15, table 15.6.2; or
(b)belongs to a class, type or category of hazardous chemicals specified in schedule 15, table 15.6.3.
SEMSOG—see the Emergencies Act 2004, section 141 (Security and Emergency Management Senior Officials Group).
signal word means the word ‘danger’ or ‘warning’ used on a label to indicate to a label reader the relative severity level of a hazard, and to alert the reader to a potential hazard, under the GHS.
subsidiary risk, for schedule 15—see schedule 15, section 15.1.
Standard for the Uniform Scheduling of Medicines and Poisons means the current Poisons Standard under the Therapeutic Goods Act 1989 (Cwlth).
substance, in part 7.1 (Hazardous chemicals), means a chemical element or compound in its natural state or obtained or generated by a process—
(a)including any additive necessary to preserve the stability of the element or compound and any impurities deriving from the process; but
(b)excluding any solvent that may be separated without affecting the stability of the element or compound, or changing its composition.
surrounding area, in relation to a facility, means the area surrounding the facility in which the health and safety of persons could potentially be adversely affected by a major incident occurring.
technical name, in the definition of chemical identity, means a name that is—
(a)ordinarily used in commerce, regulations and codes to identify a substance or mixture, other than an International Union of Pure and Applied Chemistry or Chemical Abstracts Service name; and
(b)recognised by the scientific community.
threshold quantity, in relation to a Schedule 15 chemical, means—
(a)the threshold quantity of a specific hazardous chemical as determined under schedule 15, section 15.3; or
(b)the aggregate threshold quantity of 2 or more hazardous chemicals as determined under schedule 15, section 15.4.
UN number—see the ADG Code, Attachment 2.
Dictionary, definition of VET course, new note
insert
NoteThe National Vocational Education and Training Regulator Act 2011 (Cwlth) does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The Act is available at type="1">
Notification
Notified under the Legislation Act on 28 March 2018.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2018