Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 (Qld)

Queensland Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 153 made under the Dangerous Goods Safety Management Act 2001 Workplace Health and Safety Act 1995 Contents Part 1 1 2 Part 2 3 4 5 6 7 Part 3 8 9 10 11 12 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Dangerous Goods Safety ManagementRegulation 2001 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 9 (Packing and marking by manufacturer or importer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 13 (Recognition of MSDS prepared under equivalent legislation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 43 (Marking of packages) . . . . . . . . . . . . . . . . . 4 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Workplace Health And Safety Regulation2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 4 (References to standards) . . . . . . . . . . . . . . . 6 Amendment of s 16 (Meaning of assessment instrument) . . . . . . 6 Amendment of s 17 (Meaning of unit of competency) . . . . . . . . . 6 Amendment of s 144 (Application of div 3). . . . . . . . . . . . . . . . . . 7

Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 Contents 13 Insertion of new s 187A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 187A Meaning of GHS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 Amendment of s 188 (Meaning of hazardous substance) . . . . . . 8 15 Amendment of s 190 (Preparing, amending and reviewing MSDS) ....................................... 8 16 Amendment of s 196 (Labelling containers). . . . . . . . . . . . . . . . . 8 17 Replacement of s 353 (Rural industry exemption) . . . . . . . . . . . . 9 353 Rural industry exemption . . . . . . . . . . . . . . . . . . . . . . 9 18 Amendment of sch 5 (Classes of high risk work and units of competency for the classes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 19 Amendment of sch 18 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 10 Page 2 2010 SL No. 153

Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 . 2 Commencement Sections 9 and 12 commence on 1 September 2010. Part 2 Amendment of Dangerous Goods Safety Management Regulation 2001 3 Regulation amended This part amends the DangerousGoodsSafetyManagementRegulation 2001. 4 Amendment of s 9 (Packing and marking by manufacturer or importer (1) Section 9(1)(b)— omit, insert— ‘(b) packages for the goods; and (c) package marking for the goods.’. (2) Section 9(2) and (3)— renumber as section 9(3) and (4). (3) Section 9— insert— 2010 SL No. 153 Page 3

Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Dangerous Goods Safety Management Regulation 2001 [s 5] ‘(2) However it is sufficient compliance with subsection (1)(c) if the stated goods are labelled under the GHS.’. 5 Amendment of s 13 (Recognition of MSDS prepared under equivalent legislation) (1) Section 13(2)— renumber as section 13(3). (2) Section 13— insert— ‘(2) Also, section 12 does not apply if— (a) the importer or manufacturer has already prepared a safety data sheet for the stated dangerous goods under the GHS; and (b) the safety data sheet also states the importer’s or manufacturer’s name, Australian address and Australian telephone number.’. 6 Amendment of s 43 (Marking of packages) Section 43(1) and (2)— omit, insert— ‘(1) If an occupier receives a package of stated dangerous goods or combustible liquids at the occupier’s facility or location and the occupier knows, or ought reasonably to know, the package is not marked under section 9, the occupier must— (a) not accept the goods; or (b) accept the goods and mark the package under the ADG Code; or (c) accept the goods and label the stated dangerous goods or combustible liquids under the GHS. Maximum penalty—20 penalty units. Page 4 2010 SL No. 153

Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Dangerous Goods Safety Management Regulation 2001 [s 7] ‘(2) The occupier must ensure that, while a package of stated dangerous goods or combustible liquids is at the occupier’s facility or location— (a) the marking of the package complies with the ADG Code; or (b) if the stated dangerous goods or combustible liquids are to be used by the occupier only at the occupier’s facility or location—the stated dangerous goods or combustible liquids are labelled under the GHS. Maximum penalty—20 penalty units.’. 7 Amendment of sch 5 (Dictionary) (1) Schedule 5, definition class , after ‘ADG Code’— insert— ‘or the GHS’. (2) Schedule 5— insert— ‘ GHS means the Globally Harmonised System of Classification and Labelling of Chemicals published by the United Nations. Editor’s note — At the commencement of this definition, the GHS is available at < 2010 SL No. 153 Page 5

Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Workplace Health And Safety Regulation 2008 [s 8] Part 3 Amendment of Workplace Health And Safety Regulation 2008 8 Regulation amended This part amends the Workplace Health and Safety Regulation2008. 9 Amendment of s 4 (References to standards) Section 4, ‘1 September 2008’— omit, insert— ‘1 September 2009’. 10 Amendment of s 16 (Meaning of assessment instrument ) (1) Section 16(1)(a), ‘1 July 2010’— omit, insert— ‘1 July 2011’. (2) Section 16(1)(b)— omit, insert— ‘(b) on or after 1 July 2011— (i) the nationally approved assessment instrument under the national standard; or (ii) if there is no nationally approved assessment instrument under the national standard—the instrument for the unit of competency mentioned in paragraph (a)(i).’. 11 Amendment of s 17 (Meaning of unit of competency ) (1) Section 17(1)(a), ‘1 July 2010’— omit, insert— Page 6 2010 SL No. 153

Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Workplace Health And Safety Regulation 2008 [s 12] ‘1 July 2011’. (2) Section 17(1)(b)— omit, insert— ‘(b) on or after 1 July 2011— (i) the unit of competency, under the national standard, that is stated in schedule 5A for the class of high risk work; or (ii) if no unit of competency is stated in schedule 5A for the class of high risk work, the unit of competency stated in schedule 5 for the class of high risk work.’. 12 Amendment of s 144 (Application of div 3) (1) Section 144(1)(b), example, ‘paragraph (b)’— omit, insert— ‘paragraph (c)’. (2) Section 144(1)(b)— renumber as section 144(1)(c). (3) Section 144(1)— insert— ‘(b) for a structure or part that is a building used as a workplace—the structure or part was built, without approval by a local government, before 1 January 1990; or’. 13 Insertion of new s 187A After section 187— insert— ‘187A Meaning of GHS ‘In this part— 2010 SL No. 153 Page 7

Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Workplace Health And Safety Regulation 2008 [s 14] GHS means the Globally Harmonised System of Classification and Labelling of Chemicals published by the United Nations. Editor’s note — At the commencement of this definition, the GHS is available at < 14 Amendment of s 188 (Meaning of hazardous substance ) Section 188(1), definition hazardous substance — insert— ‘(c) a substance that is classified as a hazardous substance under the GHS.’. 15 Amendment of s 190 (Preparing, amending and reviewing MSDS) (1) Section 190(4) and (5)— renumber as section 190(5) and (6). (2) Section 190— insert— ‘(4) Subsections (2) and (3) do not apply if— (a) the importer or manufacturer has already prepared a safety data sheet for the substance under the GHS; and (b) the safety data sheet also states the importer’s or manufacturer’s name, Australian address and Australian telephone number.’. 16 Amendment of s 196 (Labelling containers) (1) Section 196(3)— renumber as section 196(4). (2) Section 196— insert— Page 8 2010 SL No. 153

Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Workplace Health And Safety Regulation 2008 [s 17] ‘(3) However, if the supplier is supplying a hazardous substance that is labelled under the GHS, it is sufficient compliance with subsection (2) if the label also states the supplier’s name, Australian address and Australian telephone number.’. 17 Replacement of s 353 (Rural industry exemption) Section 353— omit, insert— ‘353 Rural industry exemption ‘(1) A relevant person in a rural industry is exempted from complying with— • part 2, in relation to plant that is a mobile elevating work platform with an elevation of 6m or less, until the end of 31 August 2010 • part 3 • part 4, other than in relation to a prescribed activity that is work to remove friable asbestos containing material, until the end of 31 August 2009 • part 6 until the end of 31 August 2010 • part 16 until the end of 31 August 2009 • part 18 until the end of 31 August 2010 • part 20, division 3, subdivision 9 until the end of 31 August 2009 • part 23 until the end of 31 August 2010. ‘(2) A worker in a rural industry is exempted from complying with part 3.’. 18 Amendment of sch 5 (Classes of high risk work and units of competency for the classes) Schedule 5, section 22(2), ‘Operate a vehicle loading crane’— 2010 SL No. 153 Page 9

Workplace Health and Safety and Another Regulation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Workplace Health And Safety Regulation 2008 [s 19] omit, insert— ‘Operate concrete placing booms’. 19 Amendment of sch 18 (Dictionary) (1) Schedule 18, definition application for training approval — omit. (2) Schedule 18— insert— ‘ application for training and assessment approval means an application under section 70. GHS see section 187A.’. (3) Schedule 18, definition process , ‘part 12, division 3’— omit, insert— ‘part 14, division 3, subdivision 3’. (4) Schedule 18, definition risk phrase , after ‘Substances’ — insert— ‘, or a phrase stated in the GHS,’. (5) Schedule 18, definition safety phrase, after ‘Substances’ — insert— ‘, or a phrase stated in the GHS,’. ENDNOTES 1 Made by the Governor in Council on 24 June 2010. 2 Notified in the gazette on 25 June 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. Page 10 2010 SL No. 153

© State of Queensland 2010