Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 341

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 1     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

Note 2     Handling —see the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act

, dictionary.

    (2)     Subsection (1) does not apply to a hazardous chemical—

        (a)     supplied before 1 January 2017 that 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; or

        (b)     supplied before 1 January 2023 that was, at the time it was supplied, labelled in accordance with GHS 3; or

        (c)     manufactured or imported before 1 January 2023 that was, at the time it was manufactured or imported, labelled in accordance with GHS 3.

Note 1     Section 338 applies if the chemical is being supplied to another workplace.

Note 2     The National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] does not need to be notified under the

title="A2001-14">Legislation Act

because s 47 (5) does not apply (see s 15 and href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 47 (7)). The National Code of Practice is available at www.safeworkaustralia.gov.au

.



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