Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 346

  (1)   A person conducting a business or undertaking at a workplace must ensure that:

  (a)   a register of hazardous chemicals used, handled or stored at the workplace is prepared and kept at the workplace; and

  (b)   the register is maintained to ensure the information in the register is up to date.

  (2)   The register must include:

  (a)   a list of hazardous chemicals used, handled or stored; and

  (b)   the current safety data sheet for each hazardous chemical listed.

  (3)   The person must ensure that the register is readily accessible to:

  (a)   a worker involved in using, handling or storing a hazardous chemical; and

  (b)   anyone else who is likely to be affected by a hazardous chemical at the workplace.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (4)   This regulation does not apply to a hazardous chemical if:

  (a)   the hazardous chemical is in transit, unless there is a significant or frequent presence of the hazardous chemical in transit at the workplace; or

  (b)   the hazardous chemical is a consumer product and the person is not required to obtain a safety data sheet for the hazardous chemical under regulation   344.

Note:   See subregulation   344(4).

Note:   Regulation   361 requires an emergency plan to be prepared if the quantity of hazardous chemicals used, handled or stored at a workplace exceeds the manifest quantity for that hazardous chemical.