Hazardous chemicals

Overview

Chemicals are regulated as ‘hazardous chemicals’ under Part 7.1 of the Work Health and Safety Regulation 2011 (the Regulation) if they present a significant risk to health and safety due to their physical properties or health effects.

The most common types of hazardous chemicals found in the ACT are gases stored under pressure, flammable liquids, toxic chemicals and corrosive chemicals.

The Regulation sets out requirements which apply to any person conducting a business or undertaking (PCBU) in relation to hazardous chemicals at the workplace.

Additional requirements apply if the PCBU manufactures, imports or supplies hazardous chemicals, including retailers who sell or supply household consumer products to the public.

Upcoming changes

A number of requirements in Part 7.1 of the Regulation refer to the hazards of a hazardous chemical as classified by the Australian manufacturer or importer under the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

Whilst references to the GHS in the Regulation presently refer to the 3rd Revised Edition, Australia will transition to use of the 7th Revised Edition of the GHS over a two-year period starting on 1 January 2021 and ending on 31 December 2022.

During this period, PCBUs in the ACT may be supplied with hazardous chemicals which have been classified under either the 3rd Revised Edition or the 7th Revised Edition of the GHS.

For more information about the transition to use of the 7th Revised Edition of the GHS, refer to the GHS 7 – transition page on the Safe Work Australia website.

Exempt hazardous chemicals

The requirements in Part 7.1 of the Regulation do not apply to a hazardous chemical which is contained within:

  • a battery that has been installed in an item of plant to provide power for its operation
  • a portable fire extinguisher that has been installed at the workplace and is maintained as part of the available firefighting equipment
  • an integrated refrigeration system of an refrigerated freight container.

These requirements also do not apply to fuel, oil and coolant products contained within any part of a system which provides or generates power for operation of a vehicle, an item of mobile plant or an appliance.

However, the PCBU must still manage any risks associated with these hazardous chemicals being present at the workplace, in line with their health and safety duties under the Work Health and Safety Act 2011 (the Act).

The requirements in Part 7.1 of the Regulation will not apply to hazardous chemicals which are retail products being kept at residential premises for personal use unless the total quantity exceeds the limits set out in Table 328 of the Regulation (for example, more than 100kg or 100L of pool chlorine or spa sanitising chemicals).

If the limits set out in Table 328 are exceeded, the hazardous chemicals are subject to the same requirements which would apply if they were present at the workplace of a business or undertaking, and each person in control of the premises has the obligations of a PCBU.

Identifying hazards

A hazardous chemical may only be sold or supplied to a person in the ACT if it is correctly labelled under Part 7.1 of the Regulation – the label must be in English and the required information includes the product name and information about its hazards, together with other relevant information such as an expiry date.

If the hazardous chemical is being supplied to a business or undertaking, the PCBU must also be given a current Australian safety data sheet which provides further information about the product’s hazards, requirements for safe use, handling and storage, and emergency response information.

The PCBU is responsible for ensuring that all safety data sheets at the workplace are current and obtaining the current versions from the supplier if they are found to be out of date.

A supplier may also provide safety data sheets for products which are not hazardous chemicals, but which can still cause harm if not properly used, handled or stored. For example, engine oils that are not flammable liquids may cause environmental harm if any spill or leak enters a waterway.

The requirements of Part 7.1 of the Regulation only apply to a product if the hazard information in Section 2 of its current Australian safety data sheet includes one or more hazard classes and categories from the Classification and labelling for workplace hazardous chemicals list published by Safe Work Australia. Section 2 of the current Australian safety data sheet should also include any corresponding hazard statements from the list and may also include any corresponding pictograms.

Managing risks

The PCBU must ensure that risks associated with work being carried out as part of the conduct of the business or undertaking have been assessed and are being managed in line with the work health and safety duties in Part 2 of the Act.

The PCBU must consider the information in the safety data sheet for each hazardous chemical present at the workplace, when assessing the risks and deciding how those risks will be managed. This includes the information about responding to an emergency situation such as a fire, dealing with a spill or leak, and treating a person who has been exposed to the chemical.

Part 7.1 of the Regulation also sets out actions that the PCBU must take as part of managing the risks of hazardous chemicals at the workplace, and the circumstances in which the PCBU must review and revise the existing risk control measures or take other action.

For example, the PCBU must ensure that emergency equipment and safety equipment is kept readily accessible and maintained in good condition, and that fire protection and firefighting equipment is tested at intervals consistent with Australian Standard AS 1851-2012 (Routine service of fire protection and equipment), with dated records being kept of test results and maintenance work.

Any person whose role involves assessing and managing risks associated with work under the Act involving the use, handling, storage or generation of hazardous chemicals should refer to the relevant approved codes of practice for further guidance on complying with these requirements – these codes of practice include:

  • how to manage work health and safety risks
  • managing risks of hazardous chemicals in the workplace
  • labelling of workplace hazardous chemicals
  • preparation of safety data sheets for hazardous chemicals.

Labels and placards

Containers holding packaged hazardous chemicals at the workplace must be correctly labelled under Part 7.1 of the Regulation. A hazardous chemical in a container is ‘packaged’ if the container has a capacity not exceeding 500L and a net mass not exceeding 500kg.

This includes gas cylinders marked with a water capacity not exceeding 500kg, other than those which are connected to and form part of a manifold or cascade filling system in which the water capacity of all cylinders in the system exceeds 500kg in total.

For the purpose of the Regulation, the capacity of a gas cylinder in litres is the same as its marked water capacity in kilograms.

The PCBU must ensure that if any hazardous chemicals are transferred or decanted into another container whilst at the workplace, the container is labelled in English with the product identifier and hazard statements from the current Australian safety data sheet for that hazardous chemical, and that the container is not used to store any other substance.

The PCBU may also be required to label any pipe work at the workplace which contains hazardous chemicals, unless a sign has been installed nearby to identify the contents of the pipe work. For further information, refer to the approved code of practice Managing risks of hazardous chemicals in the workplace.

Containers holding hazardous chemicals in bulk at the workplace do not require a label if Part 7.1 of the Regulation requires a placard to be displayed on or next to the container to identify its contents. A hazardous chemical in a container is ‘in bulk’ if the container has a capacity exceeding 500L or a net mass exceeding 500kg. This includes:

  • storage tanks with a design capacity exceeding 500L
  • manifold and cascade filling systems in which the water capacity of all cylinders in the system exceeds 500kg in total
  • intermediate bulk containers (IBCs) with a capacity exceeding 500L which are used for transporting chemicals by road.

Placards may also need to be put up at the workplace to indicate an area where hazardous chemicals are stored, depending on the maximum quantity which would be stored in that area. For further information, refer to the approved code of practice Managing risks of hazardous chemicals in the workplace.

Safety data sheets

A PCBU who manufactures or imports a hazardous chemical must prepare an Australian safety data sheet which identifies the product’s hazards under the GHS, before supplying the hazardous chemical to another workplace.

A PCBU who supplies a hazardous chemical to the workplace of another business or undertaking must provide its current Australian safety data sheet when the product is first supplied, and then provide an updated version whenever the existing version is revised. They must also provide a copy of the current Australian safety data sheet whenever a person at the workplace asks for one.

A hazardous chemical may only be supplied under a product identifier (product name) shown in Section 1 of the safety data sheet prepared by the Australian manufacturer or importer.

If a PCBU repackages the hazardous chemical in order to supply it under a product name which is not shown in Section 1 of the existing Australian safety data sheet, that PCBU has the same duties as an importer and must prepare their own Australian safety data sheet, a copy of which must be provided whenever the hazardous chemical is being supplied under the new product name.

A PCBU who has been supplied with a hazardous chemical must obtain the current Australian safety data sheet from the supplier (or from the Australian manufacturer or importer) if it was not provided when the product was first supplied or if the safety data sheet kept at the workplace is out of date.

An Australian safety data sheet for a hazardous chemical is out of date if it is more than five years old, or the hazards in Section 2 are described using risk phrases from the Approved Criteria for Classifying Hazardous Substances [NOHSC:1008 (2004)] which has since been replaced by the GHS.

The Classification and labelling for workplace hazardous chemicals list published by Safe Work Australia shows the hazard statements which should appear in Section 2 of a current Australian safety data sheet for a hazardous chemical, depending on its specific hazards.

The PCBU must ensure that the current Australian safety data sheet for each hazardous chemical at the workplace is kept as part of a register of hazardous chemicals, and is readily accessible to any worker who uses, handles or stores the hazardous chemical at the workplace.

Register of hazardous chemicals

The PCBU must keep a register of hazardous chemicals at the workplace which lists each hazardous chemical present on site, and includes a copy of the current Australian safety data sheet for each product listed.

Packaged hazardous chemicals must be listed by the product identifier shown in Section 1 of the safety data sheet which matches the name on the container label.

The PCBU must ensure that the register of hazardous chemicals is readily accessible to any worker who uses, handles or stores hazardous chemicals at the workplace, and anyone else who is likely to be affected by a hazardous chemical at the workplace.

The PCBU must also ensure that each worker who uses, handles or stores hazardous chemicals at the workplace or is likely to be affected by a hazardous chemical at the workplace is trained in:

  • how to access the register of hazardous chemicals and use it to find the safety data sheet for a particular product
  • the purpose of a safety data sheet and the information contained in each section, as set out in the approved code of practice Preparation of safety data sheets for hazardous chemicals.

The training must be provided in a way that complies with the approved code of practice Managing risks of hazardous chemicals in the workplace.

The register of hazardous chemicals may be kept in electronic form if workers have a reliable means of accessing it directly, such as using a tablet or smartphone. If it is kept in electronic form, the PCBU does not need to also keep a printed copy or to have a means of printing a copy at the workplace.

Manifest of hazardous chemicals

The PCBU must keep a manifest of hazardous chemicals at the workplace if the maximum quantity of hazardous chemicals at the workplace meeting the description in an entry in Table 11.1 of Schedule 11 of the Regulation exceeds the manifest quantity limit for that entry.

An emergency at a workplace where the hazardous chemicals on site exceed a manifest quantity limit can pose additional risks to firefighters and other persons in the area. A manifest of hazardous chemicals provides key information about the workplace to aid in dealing with the emergency.

The manifest quantity limits vary depending on how dangerous the hazardous chemical is in general. For example, the manifest quantity limits for gases under pressure depend on whether the gas has any corrosive, flammable or toxic properties.

Schedule 12 of the Regulation sets out the information which must be included in a manifest of hazardous chemicals, including the way in which the hazardous chemicals must be described and the details to be shown in a plan of the workplace.

A manifest of hazardous chemicals must be kept at the workplace in a way that makes it readily accessible to firefighters and other emergency service workers. A manifest of hazardous chemicals is considered ‘readily accessible’ if:

  • it is stored in a weatherproof red container which has a keyed 003 emergency services lock and which includes the words ‘Emergency Information’ in white lettering on the front
  • the container is installed at the workplace in a location which is as close as practicable to the main entrance (or in an alternative location with the agreement of ACT Fire & Rescue), where it is clearly visible and can easily be reached in an emergency.

Enquiries about suitable alternative locations for a manifest of hazardous chemicals should be directed to ACT Fire & Rescue at ACTF-RRisk-Planning@act.gov.au.

Emergency plan

The PCBU must ensure that an emergency plan is prepared for the workplace, and maintained so that it remains effective. For information about preparing an emergency plan, refer to the Emergencies page of the WorkSafe ACT website.

The PCBU must consider the information in the safety data sheet for each hazardous chemical used, handled or stored at the workplace when preparing the emergency plan, and should refer to the approved code of practice Managing risks of hazardous chemicals in the workplace for further guidance.

If the PCBU is required to keep a manifest of hazardous chemicals at the workplace, the PCBU must give a copy of the current workplace emergency plan to ACT Fire & Rescue. The emergency plan should be provided as an electronic document by e‑mail to ACTF-RRisk-Planning@act.gov.au.

If ACT Fire & Rescue gives the PCBU a written recommendation about the content or effectiveness of the emergency plan, the PCBU must:

  • revise the plan in line with the recommendation
  • give a copy of the revised emergency plan to ACT Fire & Rescue
  • ensure that workers are given any necessary information, training and instruction about the changes.

Transport of hazardous chemicals by road

Part 7.1 of the Regulation does not apply to the transport of a hazardous chemical by road as part of the work of a business or undertaking if:

For information about the transport of hazardous chemicals as dangerous goods by road, refer to the Transport of dangerous goods page of the WorkSafe ACT website.

If the hazardous chemical is not classified as a dangerous good under the ADG Code or the Dangerous Goods (Road Transport) Regulation 2010 does not apply, the requirements in Part 7.1 of the Work Health and Safety Regulation 2011 will continue to apply during transport.

Several requirements in Part 7.1 include special arrangements for hazardous chemicals in transit. A hazardous chemical is deemed to be in transit whilst at a workplace if it is:

  • supplied or stored in containers that will not be opened at the workplace
  • not used at the workplace
  • kept at the workplace for not more than 5 consecutive days.

Transfer of hazardous chemicals by pipeline

Part 7.1 of the Regulation applies to the transfer of a hazardous chemical by pipeline, unless the pipeline is regulated under the Gas Safety Act 2000 or the Utilities (Technical Regulation) Act 2014.

The Gas Safety Act 2000 is administered by the Environment, Planning and Sustainable Development Directorate, which can be contacted via the Access Canberra Contact Centre on 13 22 81.

The Utilities (Technical Regulation) Act 2014 is administered by the Utilities Technical Regulation team within Access Canberra, which can be contacted on (02) 6207 0362 or at Techregulator.Utilities@act.gov.au.

If the pipeline is not regulated under either the Gas Safety Act 2000 or the Utilities (Technical Regulation) Act 2014, Part 7.1 of the Work Health and Safety Regulation 2011 sets out actions that must be taken by the owner of the pipeline and by the operator of the pipeline as part of their management of risks associated with the use of the pipeline to transfer hazardous chemicals.

Additional requirements apply to work involving a pipeline which is (or will be) used to transfer a hazardous chemical meeting the description in an entry in Table 11.1 of Schedule 11 of the Regulation, if any part of that pipeline crosses (or will cross) into a public place.

For example, the builder of the pipeline must ensure that WorkSafe ACT has been given information which includes the specifications of the pipeline and the intended operation, maintenance and emergency response procedures, before the building of the pipeline begins.

The operator of the pipeline must also ensure that WorkSafe ACT is notified of the classification of the hazardous chemical being transferred, and the supplier and receiver of the hazardous chemical.

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