Work Health and Safety (National Uniform Legislation) Regulations 2011

regulations 329, 334 and 335

Part 1 Correct classification

1 Correct classification of a substance, mixture or article

(1) A substance or mixture (other than a research chemical, sample for analysis or waste product) is correctly classified if a determination is made about whether the substance or mixture can be classified into a hazard class under the GHS including a mixture classification referred to in Schedule 6.

Note for subclause (1)

The Schedule 6 tables replace some tables in the GHS.

(2) A substance or mixture that is a research chemical, sample for analysis or waste product is correctly classified if, so far as is reasonably practicable having regard to the known or suspected properties of the substance or mixture:

(a) a determination is made about the identity of the substance or mixture; and

(b) a determination is made about whether the substance or mixture can be classified into a hazard class under the GHS.

(3) An article that contains a substance or mixture that may be released during the use, handling or storage of the article is correctly classified if the substance or mixture is correctly classified.

Part 2 Correct packing

2 Correctly packing hazardous chemicals

(1) A hazardous chemical is correctly packed if the chemical is packed in a container that:

(b) will safely contain the chemical for the time the chemical is likely to be packed; and

(c) is made of material that is compatible with, and will not be adversely affected by, the chemical; and

(d) does not usually contain food or beverages and cannot be mistakenly identified as containing food or beverages.

(2) Despite subclause (1), a hazardous chemical supplied by a retailer to a person, in a container provided by the person, is only correctly packed if:

(a) for a hazardous chemical with a classification that includes flammable gases or gases under pressure – the container:

(i) has a capacity less than the capacity stated for a hazardous chemical stored in bulk; and

(i) has a capacity that does not exceed the capacity stated for a hazardous chemical stored in bulk; and

(ii) is clearly marked with the product identifier or chemical identity; and

Part 3 Correct labelling

Note for Part 3

More than one clause of this Part may apply to a hazardous chemical depending on the nature of the hazardous chemical, its container and other matters.

3 Labelling hazardous chemicals – general

(1) A hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following:

(b) the name, and the Australian address and business telephone number of:

(c) for each ingredient of the chemical – the identity and proportion disclosed in accordance with Schedule 8;

(d) any hazard pictogram consistent with the correct classification of the chemical;

(e) any hazard statement, signal word and precautionary statement consistent with the correct classification of the chemical;

(f) any information about the hazards, first aid and emergency procedures relevant to the chemical, not otherwise included in the hazard statement or precautionary statement referred to in paragraph (e);

(2) The label may include any other information that does not contradict or cast doubt on the matters referred to in subclause (1).

4 Labelling hazardous chemicals – small container

(1) This clause applies if a hazardous chemical is packed in a container that is too small for a label attached to it to include all the information referred to in clause 3(1).

(2) The hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following:

(b) the name, and the Australian address and business telephone number of:

(c) a hazard pictogram or hazard statement consistent with the correct classification of the chemical;

(d) any other information referred to in clause 3(1) that it is reasonably practicable to include.

5 Labelling hazardous chemicals – research chemicals or samples for analysis

(1) This clause applies to a hazardous chemical that is a research chemical or sample for analysis.

(2) The hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following:

(b) a hazard pictogram or hazard statement consistent with the correct classification of the chemical.

6 Labelling hazardous chemicals – decanted or transferred chemicals

(a) a hazardous chemical is decanted or transferred from the container in which it is packed; and

(2) The hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following:

(b) a hazard pictogram or hazard statement consistent with the correct classification of the chemical.

7 Labelling hazardous chemicals – known hazards

(b) the hazards relating to the chemical are known to the workers involved in using, handling or storing the chemical.

(2) The hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English including the following:

(b) a hazard pictogram or hazard statement consistent with the correct classification of the chemical.

8 Labelling hazardous chemicals – waste products

(1) This clause applies to a waste product if it is reasonably likely that the waste product is a hazardous chemical.

(2) The waste product is correctly labelled if it is packed in a container that has a label in English including the following for the hazardous chemical:

(b) the name, and the Australian address and business telephone number of:

(c) a hazard pictogram and hazard statement consistent with the correct classification of the chemical.

9 Labelling hazardous chemicals – explosives

(1) This clause applies to a hazardous chemical that may be classified in the explosives hazard class.

(2) The hazardous chemical is correctly labelled if the chemical is packed in a container that has a label in English that:

(a) complies with the Australian Code for the Transport of Explosives by Road and Rail; and

(ii) any hazard pictogram consistent with the correct classification of the chemical in relation to health hazards;

(iii) any hazard statement consistent with the correct classification of the chemical in relation to health hazards;

(iv) any precautionary statement consistent with the correct classification of the chemical in relation to health hazards.

10 Labelling hazardous chemicals – agricultural and veterinary chemicals

(1) A hazardous chemical that is an agricultural or veterinary chemical is correctly labelled if:

(a) the chemical is labelled in accordance with the requirements of the Australian Pesticides and Veterinary Medicines Authority; and

(i) any hazard statement consistent with the correct classification of the chemical;

(ii) any precautionary statement consistent with the correct classification of the chemical.

(2) In this clause, agricultural or veterinary chemical means an agricultural chemical product or veterinary chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cth).