Work Health and Safety (Labelling Hazardous Chemicals) Exemption 2017 (Cth)

Work Health and Safety Regulations 2011

Regulation 684

Work Health and Safety

(Labelling Hazardous Chemicals) Exemption

2017

Comcare, acting under regulation 684 of the Work Health and Safety Regulations 2011 (WHS Regulations), having taken into account all relevant matters, grants an exemption from compliance with regulations 338, 341(1), 342(1) and 342(2) of the WHS Regulations on the terms prescribed in the attached Exemption Instrument.

Dated        this ………18………. day of December 2017

Signed

Justin Napier

General Manager, Regulatory Operations Group, Comcare

EXEMPTION INSTRUMENT

1.         Name

This Instrument may be cited as the Work Health and Safety (Labelling Hazardous Chemicals) Exemption 2017.

NOTE:This Instrument is a legislative instrument within the meaning of the Legislative Instruments Act 2003 (see regulation 692(2) of the Work Health and Safety Regulations 2011).

1. Applicant

This exemption has been granted by Comcare on its own initiative.

1. Persons to whom the exemptions apply

This exemption applies to:

a)   a supplier of a hazardous chemical; and

b)   a person conducting a business or undertaking.

All terms in this instrument have the same meaning as in the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth).

The exemption will apply so that:

a)regulation 338 does not apply in relation to a hazardous chemical manufactured or imported prior to 1 January 2017 which is labelled in accordance with the National Code of Practice for Labelling Workplace Substances [NOHSC:2012 (1994)]; and

b)the labelling requirements on a person conducting a business or undertaking at a workplace contained in regulation 341(1) do not apply to a hazardous chemical if:

(i)the chemical was supplied before 31 December 2017; and

(ii)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 the time.

c)The labelling requirements on a person conducting a business or undertaking at a workplace contained in regulation 342(1) do not apply to a hazardous chemical if the chemical was:

(i)manufactured, or transferred or decanted form its original container at the workplace, before 31 December 2017; and

(ii)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 the time.

d)The labelling requirements on a person conducting a business or undertaking at a workplace contained in regulation 342(2) do not apply to a container if:

(i)the container was supplied before 31 December 2017; and

(ii)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 the time.

1. Conditions placed on the grant of the exemptions

None

1. Commencement date

This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

1. Expiration date

This instrument expires on 31 December 2018, unless the expiration date is amended or the exemptions are cancelled under regulation 697 of the WHS Regulations.