Hazardous chemicals

Overview

Chemicals are regulated as ‘hazardous chemicals’ under Part 7.1 of the ACT Work Health and Safety Regulation 2011 (the Regulation) if they are found to present a significant risk to health and safety when assessed against the hazard classes in the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

The most common examples in the ACT are gases under pressure, flammable liquids, toxic substances and corrosive substances.

The Regulation sets out requirements in relation to hazardous chemicals at the workplace which apply to any person conducting a business or undertaking (PCBU). Additional requirements apply to manufacturers, importers and suppliers of hazardous chemicals, including retailers.

Identifying hazards

The manufacturer or importer of a hazardous chemical must ensure that it is correctly labelled with information about its hazards before it is supplied to another workplace.

The manufacturer or importer must also prepare an Australian safety data sheet which identifies the specific hazards and the appropriate precautions for use, handling and storage, including any necessary personal protective equipment (PPE), and emergency response information.

The safety data sheet must describe the hazards using the hazard classes and hazard statements from the 7th Revised Edition of the GHS (GHS 7), as shown in the Safe Work Australia Classification and labelling for workplace hazardous chemicals poster.

The PCBU must ensure that the copy of the Australian safety data sheet kept at the workplace is the current version published by the manufacturer or importer.

However, if a hazardous chemical was supplied to an ACT workplace before 1 January 2023 and it is in a container that was correctly labelled under the classification scheme that was in effect at the time, the PCBU is not required to relabel the container.

Managing risks

The PCBU must consider the information in the current Australian safety data sheet for a hazardous chemical when deciding how the risks associated with work involving that hazardous chemical will be managed, and when preparing or updating the workplace emergency plan, in line with their health and safety duties under the ACT Work Health and Safety Act 2011 (the Act).

Part 7.1 of the Regulation also sets out specific requirements that the PCBU must comply with in controlling these risks. For example, Section 359 sets out requirements in relation to determining whether the available fire protection and firefighting equipment is suitable for the type and quantity of hazardous chemicals at the workplace.

For guidance on complying with these requirements, the PCBU should refer to the relevant codes of practice approved under the Act, which are available on the Codes of practice page.

PCBUs who require further assistance in order to identify the specific risk control measures which may be appropriate for their workplace should seek advice from a competent person.

Installing placards

The PCBU must install placards to alert workers and other persons to the hazards presented by hazardous chemicals being used, handled or stored at the workplace if the quantity of hazardous chemicals exceeds one or more placard quantity thresholds in Schedule 11 of the Regulation.

This may include installing outer warning placards at each point of entry to the workplace which might be used by an emergency service organisation responding to an emergency on site, in addition to installing placards at the location(s) where the hazardous chemicals are used, handled or stored.

The information to be included in a placard will depend on the specific hazardous chemicals at the workplace and how they are stored, as set out in Schedule 13 of the Regulation.

If the PCBU must install placards at the workplace, this does not remove the need for the PCBU to also install any signs which are required under Section 343 or Section 353 of the Regulation.

Keeping a register

The PCBU must keep a register of hazardous chemicals which lists each hazardous chemical used, handled or stored at the workplace and includes a copy of its current Australian safety data sheet. Packaged hazardous chemicals should be listed by the product name on the container label, whilst those stored in bulk should be listed by the proper shipping name on the placard.

This register must be readily accessible to any worker who is involved in using, handling or storing hazardous chemicals at the workplace and the worker must be trained in the use of the register. The register may be kept electronically if workers can reliably access it whilst at the workplace via a tablet or smartphone.

Keeping a manifest

The PCBU must keep a manifest of hazardous chemicals (which includes a scale plan of the workplace) if the quantity of hazardous chemicals at the workplace exceeds one or more manifest quantity thresholds in Schedule 11 of the Regulation.

The details to be recorded in a manifest will depend on the specific hazardous chemicals at the workplace and how they are stored, as set out in Schedule 12 of the Regulation.

A manifest must be kept as a hardcopy document and should be stored in a red weatherproof container which has a 003 series lock, commonly known as a HAZMAT box, where it will be readily accessible to emergency services personnel.

WorkSafe ACT expects a manifest to be kept as close as practicable to the main entry to the workplace, unless ACT Fire & Rescue has agreed that an alternative location is suitable.

If the PCBU must keep a manifest of hazardous chemicals, the PCBU must provide ACT Fire & Rescue with a copy of the workplace emergency plan which sets out the emergency response procedures and must amend the plan in line with any recommendations made by ACT Fire & Rescue. The workplace emergency plan can be sent to ACT Fire & Rescue at ACTF-RRisk-Planning@act.gov.au.

Tanks

The PCBU must manage the risks presented by any tanks at the workplace which have been used to store hazardous chemicals, in line with their health and safety duties under the Act.

Part 7.1 of the Regulation also sets out specific requirements that the PCBU must comply with in controlling these risks. For example, Section 364 sets out requirements in relation to the stability of bulk storage tanks (those with a design capacity exceeding 500L) and their associated pipe work and attachments.

If a bulk storage tank used to store flammable gases or flammable liquids (which includes diesel under the GHS) at the workplace has been out of use for a significant period of time or is to be permanently taken out of use, the PCBU may be required to notify WorkSafe ACT.

For further information, refer to the Abandoned tank notifications page.

Pipelines

The PCBU must manage the risks presented by any pipelines at the workplace which may contain hazardous chemicals, in line with their health and safety duties under the Act.

However, the specific requirements set out in Part 7.1 of the Regulation in relation to pipelines used in the transfer of hazardous chemicals (including the requirement to inform WorkSafe ACT of existing or planned pipelines crossing into a public place) will not apply if the pipeline is regulated under the ACT Gas Safety Act 2000 or the ACT Utilities (Technical Regulation) Act 2014.

Transport activities

The PCBU must manage the risks associated with any work which involves handling a hazardous chemical during transport, in line with their health and safety duties under the Act.

However, the specific requirements set out in Part 7.1 of the Regulation in relation to controlling these risks will not apply during transport in either of the following circumstances:

Exemptions

The requirements in Part 7.1 of the Regulation will not apply to a hazardous chemical at a workplace if it meets the criteria for exemption under Section 328. The most common examples in the ACT are:

  • fuels, oils and coolants which become exempt once the substance has been added to a vehicle, an item of mobile plant or an appliance for use in its operation
  • hazardous chemicals contained within batteries which become exempt once the battery has been incorporated into an item of plant
  • hazardous chemicals contained within portable fire extinguishers which become exempt once the fire extinguisher has been installed (and is being maintained) for use as part of the firefighting equipment at the workplace.

The PCBU must still manage the risks presented by these hazardous chemicals in line with their health and safety duties under the Act.

Hazardous chemicals at a location which is not a workplace (such as a private residence) are exempt if the total quantity does not exceed the thresholds set out in Section 328, otherwise the hazardous chemicals are treated as though they were at a workplace.

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