Person conducting business or undertaking to obtain and give access to safety data sheets
344 Person conducting business or undertaking to obtain and give access to safety data sheets
A person conducting a business or undertaking at a workplace must obtain the current safety data sheet for a hazardous chemical prepared in accordance with this regulation from the manufacturer, importer or supplier of the hazardous chemical in the following circumstances:
either—
not later than when the hazardous chemical is first supplied for use at the workplace; or
if the person is not able to obtain the safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace but before the hazardous chemical is used at the workplace;
if the safety data sheet for the hazardous chemical is amended—either—
not later than when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended; or
if the person is not able to obtain the amended safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace after the safety data sheet is amended and before the hazardous chemical supplied is used at the workplace.
Maximum penalty: tier E monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
The hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace within 5 years.
The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to—
a worker who is involved in using, handling or storing the hazardous chemical at the workplace; and
an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace.
Maximum penalty: tier G monetary penalty.
Example—readily accessible
available in electronic form at the workplace
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Subsections (1) and (3) do not apply to a hazardous chemical that—
is in transit; or
if the person conducting the business or undertaking at the workplace is a retailer, is—
a consumer product; and
intended for supply to other premises; or
is a consumer product and it is reasonably foreseeable that the hazardous chemical will be used at the workplace only in—
quantities that are consistent with household use; and
a way that is consistent with household use; and
a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.
In the circumstances referred to in subsection (4), the person must ensure that sufficient information about the safe use, handling and storage of the hazardous chemical is readily accessible to—
a worker at the workplace; and
an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace.
Maximum penalty: tier G monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to a person at the workplace if the person—
is likely to be affected by the hazardous chemical; and
asks for the safety data sheet.
Maximum penalty: tier G monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
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