South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 335

335—Labelling hazardous chemicals

        (1)         The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly labelled as soon as practicable after manufacturing or importing the hazardous chemical.

Maximum penalty:

            (a)         In the case of an individual—$6 000.

            (b)         In the case of a body corporate—$30 000.

        (2)         A hazardous chemical is "correctly labelled" if—

            (a)         the selection and use of label elements is in accordance with the GHS and it complies with Part 3 of Schedule 9; or

            (b)         the label includes content that complies with another labelling requirement imposed by these regulations or by another law of this State or of the Commonwealth and the content is the same, or substantially the same, as the content that is required by Part 3 of Schedule 9.

        (3)         This regulation does not apply to a hazardous chemical if—

            (a)         the hazardous chemical is a consumer product that is labelled in accordance with the Poisons Standard; and

            (b)         the container for the hazardous chemical has its original label; and

            (c)         it is reasonably foreseeable that the hazardous chemical will be used in a workplace only in—

                  (i)         a quantity that is consistent with household use; and

                  (ii)         a way that is consistent with household use; and

                  (iii)         a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.

        (4)         This regulation does not apply to hazardous chemicals in transit.

        (5)         This regulation does not apply to a hazardous chemical that—

            (a)         is therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth; and

            (b)         is in a form intended for human consumption, for administration to or by a person or use by a person for therapeutic purposes; and

            (c)         is labelled in accordance with that Act or an order made under that Act.

        (6)         This regulation does not apply to cosmetics and toiletries.

        (7)         This regulation does not apply to a hazardous chemical that is—

            (a)         a veterinary chemical product within the meaning of the Agvet Code; and

            (b)         listed in—

                  (i)         the Poisons Standard, Part 4, Schedule 4, if the chemical product is packaged and supplied in a form intended for direct administration to an animal for therapeutic purposes; or

                  (ii)         the Poisons Standard, Part 4, Schedule 8.

        (8)         In this regulation—

"Poisons Standard" means the Standard for the Uniform Scheduling of Medicines and Poisons October 2016 published by the Commonwealth, as in force or remade from time to time.

Notes—

1         A supplier of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.

2         A supplier is defined in section 25 of the Act as a person who conducts a business or undertaking of supplying.

3         An operator of a major hazard facility is required to notify certain quantities of hazardous chemicals under Chapter 9 Part 2.