Overview

A person conducting a business or undertaking (PCBU) must notify WorkSafe ACT if hazardous chemicals are used, handled or stored at the workplace in quantities exceeding a manifest quantity limit shown in Schedule 11 of the Work Health and Safety Regulation 2011 (the Regulation).

Manifest quantity workplace notifications are made under Section 348 of the Regulation, and must be accompanied by a copy of the hazardous chemicals manifest which is kept at the workplace.

These notifications replace the previous scheme for registering premises under Chapter 2 of the Dangerous Substances (General) Regulation 2004, which was repealed on 29 March 2018.

Unlike the previous registration arrangements, a manifest quantity workplace notification cannot be transferred to a new PCBU if there is a change in ownership of the business or undertaking.

Identifying the PCBU

Each notification under Section 348 of the Regulation is linked to one location in the ACT which is recognised as the workplace of one PCBU.

If the hazardous chemicals are used, handled or stored for a business or undertaking which operates as a joint venture or a partnership, the notification should be made by the PCBU who has the final decision in any disagreement about how the chemicals are used, handled or stored.

If the business or undertaking is operated on behalf of a trust, the notification should be made by the trustee who has the final decision in any disagreement about how the chemicals are used, handled or stored – the PCBU should be identified as the full name of the trustee, followed by “as trustee for” and the full name of the trust.

The PCBU must include their Australian Business Number (ABN) in the notification. If the notification will be made by another person on behalf of the PCBU, they should first check the record of the ABN using ABN Lookup to make sure that the PCBU is correctly identified.

Making the initial notification

An initial notification must be made by emailing DangerousSubstances@worksafe.act.gov.au.

The e‑mail must state that it is a notification under Section 348 of the ACT Work Health and Safety Regulation 2011, and it must include the following details:

• the name and ABN of the PCBU for whom the notification is being made
• the location of the workplace, including the street address (urban and industrial areas) or the closest intersection of public roads together with directions on how to reach the workplace from that intersection (rural areas)
• the type of business or undertaking carried out at that workplace (such as a service station, retail store or storage facility)
• the activities carried out at that workplace which involve using, handling or storing the hazardous chemicals (such as vehicle refuelling or retail sale of chemical products)
• the name of the most recent previous occupant of the premises if known, or a statement that the PCBU does not know who previously occupied the premises

Making a further notification

A notification under Section 348 of the Regulation does not expire, but the PCBU must make another notification to update the information held by WorkSafe ACT if there has been a significant change in the risks associated with using, handling or storing hazardous chemicals at the workplace.

If hazardous chemicals will (or are likely to) still be used, handled or stored at the workplace in quantities exceeding a manifest quantity limit in the future, the PCBU must first update the hazardous chemicals manifest (and the workplace emergency plan if there have been changes to the emergency procedures) and then make a further notification under Section 348 of the Regulation.

A further notification is made in the same way as an initial notification but the e‑mail must include the following additional details:

• the changes to the workplace which relate to the hazardous chemicals being used, handled or stored (or which affect how these activities are carried out at the workplace)
• whether those changes resulted in a significant increase or a significant decrease in the risks associated with work involving hazardous chemicals at the workplace

A further notification does not need to be made following a change at the workplace that does not significantly change the risks associated with using, handling or storing hazardous chemical (such as a change in the emergency contact details) although the PCBU must ensure that the hazardous chemicals manifest kept at the workplace is up to date.

However, if there is a change in the ownership of the business or undertaking, the new PCBU must make their own initial notification under Section 348 of the Regulation, as the existing notification cannot be transferred into their name.

Making a final notification

If hazardous chemicals are no longer used, handled or stored at the workplace in quantities exceeding a manifest quantity limit and this is not likely to change in the future, the PCBU must make a final notification under Section 348 of the Regulation.

A final notification must be made by e‑mail to DangerousSubstances@worksafe.act.gov.au but the previous hazardous chemicals manifest and workplace emergency plan do not need to be attached.

The e‑mail must state that it is a notification under Section 348 of the ACT Work Health and Safety Regulation 2011, and it must include the following details:

• the name and ABN of the PCBU for whom the notification is being made
• the location of the workplace, including the street address (urban and industrial areas) or the closest intersection of public roads together with directions on how to reach the workplace from that intersection (rural areas)
• the type of business or undertaking carried out at that workplace (such as a service station, retail store or storage facility)
• a statement that hazardous chemicals are no longer used, handled or stored at the workplace in quantities exceeding a manifest quantity threshold
• whether any hazardous chemicals remain at the workplace
• if any hazardous chemicals remain at the workplace – the activities being carried out at the workplace involving the use, handling or storage of the hazardous chemicals

After making a notification

Once a notification has been made under Section 348 of the Regulation, WorkSafe ACT will determine if any fee is payable under the Work Health and Safety (Fees) Determination 2026.

WorkSafe ACT will send a reply e‑mail confirming receipt of the notification within 10 business days and will state whether any fee is payable. If a fee is payable, the confirmation e-mail will give directions about the process and timeframe to make payment.

WorkSafe ACT may also contact ACT Fire & Rescue to enquire whether they have received a copy of the workplace emergency plan and whether they recommend any changes to the emergency procedures.

Review of notifications

Confirming that a notification under Section 348 of the Regulation has been received does not mean that WorkSafe ACT has approved any documents provided as part of that notification or the way in which work health and safety risks are being managed at the workplace.

It is the responsibility of the PCBU to ensure that:

• the hazardous chemicals manifest and workplace emergency plan comply with the Work Health and Safety Regulation 2011
• work health and safety risks are being managed as required by the Work Health and Safety Act 2011

However, WorkSafe ACT may choose to review a notification and any accompanying documents at any time, and may ask the PCBU to provide further information or documents relating to the use, storage or handling of hazardous chemicals at the workplace (such as copies of safety data sheets).

WorkSafe ACT may also send a work health and safety inspector to visit the workplace.

For further information, refer to the Role of workplace health and safety inspectors page of the WorkSafe ACT website.