Work Health and Safety (Labelling of Workplace Hazardous Chemicals) Code of Practice 2015

made under the

Work Health and Safety Act 2011, section 274 (Approved Codes of Practice)

1 Name of instrument

This instrument is the Work Health and Safety (Labelling of Workplace Hazardous Chemicals) Code of Practice 2015.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Code of Practice Approval

I approve the Labelling of Workplace Hazardous Chemicals Code of Practice. I am satisfied that this code of practice was developed by a process described in section 274(2) of the Work Health and Safety Act 2011.

Michaelia Cash

Minister for Employment

17 December 2015

Date   

LABELLING OF WORKPLACE

HAZARDOUS CHEMICALS

Code of Practice

Table of Contents

FOREWORD

1.   INTRODUCTION

1.1  When is a label under the WHS Regulations not required?

1.2  The meaning of key terms and abbreviations

1.3  What are the duties in relation to labelling hazardous chemicals?

2.   LABELLING HAZARDOUS CHEMICALS – GENERAL INFORMATION

2.1  What information must be included on a label?

2.2  Product identifier, including details of ingredients

2.3  Manufacturer/importer information

2.4  Label elements

2.5  Expiry Date

2.6  Pipe work

3.   SPECIAL LABELLING SITUATIONS

3.1  Small containers

3.2  Research chemicals or samples for analysis

3.3  Decanted or transferred hazardous chemicals

3.4  Hazardous chemicals with known hazards that are not supplied to another workplace

3.5  Hazardous waste products

3.6  Hazardous chemicals classified in the explosives hazard class

3.7  Hazardous chemicals that are dangerous goods packaged for transport

3.8  Consumer products

3.9  Agricultural or veterinary chemical products

3.10  Products containing nanomaterials

4.   LABELLING DESIGN AND LAYOUT

4.1  Grouping information

4.2  Orientation and size of label elements

5   OTHER DUTIES IN RELATION TO LABELLING

5.1  Containers found without correct labelling

5.2  Reviewing and updating information on labels

APPENDIX A – DEFINITIONS AND ABBREVIATIONS

APPENDIX B – CHECKLIST FOR PREPARATION OF A LABEL

APPENDIX C – GUIDE FOR SELECTING GENERIC NAMES

APPENDIX D – APPLICATION OF LABEL ELEMENTS

APPENDIX E – PRECEDENCE RULES OF LABEL ELEMENTS

APPENDIX F – HAZARD PICTOGRAMS

APPENDIX G – COMPARISON OF HAZARD PICTOGRAMS WITH ADG                  CODE CLASS LABELS

APPENDIX H – EXAMPLE LABELS

APPENDIX I – OTHER RELEVANT INFORMATION

FOREWORD

This code of practice for labelling workplace chemicals is an approved code of practice under section 274 of the Work Health and Safety Act (WHS Act).

An approved code of practice is a practical guide to achieving the standards of health, safety
and welfare required under the WHS Act and the Work Health and Safety Regulations (the
WHS Regulations).

A code of practice applies to anyone who has a duty of care in the circumstances described in
the code. In most cases, following an approved code of practice would achieve compliance
with the health and safety duties in the WHS Act, in relation to the subject matter of the code.
Like regulations, codes of practice deal with particular issues and do not cover all hazards or
risks that may arise. The health and safety duties require duty holders to consider all risks associated with work, not only those for which regulations and codes of practice exist.

Codes of practice are admissible in court proceedings under the WHS Act and Regulations.
Courts may regard a code of practice as evidence of what is known about a hazard, risk or
control and may rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.

An inspector may refer to an approved code of practice when issuing an improvement or prohibition notice.

This Code of Practice has been developed by Safe Work Australia as a model code of practice under the Council of Australian Governments’ Inter-Governmental Agreement for Regulatory
and Operational Reform in Occupational Health and Safety for adoption by the Commonwealth, state and territory governments.

A draft of this Code of Practice was released for public consultation on 7 December 2010
and was endorsed by the Workplace Relations Ministers Council on 10 August 2011.

Scope and application

This Code applies to substances, mixtures and articles used, handled or stored at the workplace and which are defined as hazardous chemicals under the WHS Regulations.

While this Code applies to hazardous chemicals as defined, it is recommended practice to provide a label for any chemical that is suspected of producing adverse health, safety or environmental effects but has insufficient information generated to allow it to be correctly classified. The label should reflect current state of knowledge.

This Code provides practical guidance to persons conducting a business or undertaking involved
in the manufacture, import, supply or use of hazardous chemicals on how to correctly label hazardous chemicals used in the workplace.

How to use this Code of Practice

In providing guidance, the word ‘should’ is used in this Code to indicate a recommended course
of action, while ‘may’ is used to indicate an optional course of action.

This Code also includes various references to provisions of the WHS Act and Regulations which set out the legal requirements. These references are not exhaustive. The words ‘must’, ‘requires’ or ‘mandatory’ indicate that a legal requirement exists and must be complied with.

1. INTRODUCTION

This Code describes the type of information that is needed on labels for various hazardous chemicals so that users of these chemicals in workplaces can identify any hazards associated
with the correct classification of the chemical and take appropriate steps to eliminate or minimise the risks.

1.1 When is a label under the WHS Regulations not required?

In general, a label is required for any substance, mixture or article classified as a hazardous chemical under the WHS Regulations. However, there are several types of hazardous chemical that are excluded from the labelling provisions under Regulation 335 or exempted from coverage from all provisions in Part 7.1 of the WHS Regulations.

Dual use products

Some hazardous chemicals may be intended for supply to both the consumer household markets and workplaces in identical containers and packaging. These products are sometimes referred to as dual use products. A dual use product label need only comply with the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) labelling requirements. If the manufacturer or importer determines that the use handling and storage of the product are predominantly related
to a work activity, the label must meet WHS requirements.

Food and beverages

Food and beverage products that are packaged in a form intended for consumption do not require labelling under the WHS Regulations. However, large or bulk quantities must be labelled to meet workplace requirements. For example, a 1000 L container of flammable alcoholic spirits must be labelled to meet WHS requirements, while a 750 mL bottle of the same spirits does not.

Therapeutic goods

Therapeutic goods are regarded as correctly labelled under the WHS Regulations when labelled
in accordance with Therapeutic Goods Administration (TGA) requirements and in a form:

• intended for intake or administration to or by a patient or consumer, or
• intended for use for therapeutic purposes. 

When not in a form intended for intake or administration to or by a patient or consumer, or for therapeutic purposes, workplace labelling must be used.

For example, a pharmacist repacks a 1 kg container of formulated tablets in smaller containers for dispensing to patients. The 1 kg container must comply with TGA labelling requirements. However, a 1 kg container of the same material in powdered form used by a pharmacist in manufacturing or formulating products must be labelled according to workplace labelling requirements.

1.2 The meaning of key terms and abbreviations

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, approved by the Australian Transport Council. The ADG Code is accessible at the National Transport Commission website www.ntc.gov.au.

Container means anything in or by which a hazardous chemical is, or has been, wholly or partly covered, enclosed or packed, including anything necessary for the container to perform its function as a container.

Hazardous chemical means any substance, mixture or article that satisfies the criteria for a hazard class in the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) including a classification referred to in Schedule 6 of the WHS Regulations, but does not include a substance, mixture or article that satisfies the criteria solely for one of the following hazard classes:

• acute toxicity - oral - Category 5
• acute toxicity - dermal - Category 5
• acute toxicity - inhalation - Category 5
• skin corrosion/irritation - Category 3
• serious eye damage/eye irritation - Category 2B
• aspiration hazard - Category 2
• flammable gas - Category 2
• acute hazard to the aquatic environment – Category 1, 2 or 3
• chronic hazard to the aquatic environment - Category 1, 2, 3 or 4, or
• hazardous to the ozone layer.

Label means the written, printed or graphical information elements concerning a hazardous chemical that is affixed to, printed on or attached to the container of a hazardous chemical.

Further definitions and abbreviations used in this Code are listed in Appendix A.

1.3 What are the duties in relation to labelling hazardous chemicals?

The WHS Regulations apply specific duties to various persons in relation to the correct labelling
of workplace hazardous chemicals. These duties are summarised below.

Note: a person who packages or re-labels a hazardous chemical with their own product name is considered to be a manufacturer and therefore will have the same obligations as the manufacturer or importer under the WHS Regulations to correctly label.

Under the WHS Regulations, manufacturers and importers of a substance, mixture or article have an obligation to correctly classify that substance, mixture or article. To prepare a correct and accurate label for a hazardous chemical, you need to know the correct classification of the hazardous chemical.

2.  LABELLING HAZARDOUS CHEMICALS – GENERAL INFORMATION

This chapter deals with the complete set of labelling elements that should be included on a container. A checklist for the preparation of a label is provided in Appendix B. In some situations it is not possible or reasonably practicable to legibly include the complete set of labelling elements on a label. Reduced label requirements are permitted in such situations. Guidance on the label requirements for these and other special situations is provided in Chapter 3 of this Code.

2.1 What information must be included on a label?

You may include any information on the label that does not contradict or cast doubt on any other information that is required on the label.

The following additional information should also be included on the label, where available:

• an emergency phone number, for specific poisons or treatment advice
• the overseas name, address and telephone number of the manufacturer or supplier
• a valid website or internet address
• reference to the safety data sheet, for example a statement on the label that says: “Additional information is listed in the safety data sheet”.

2.2 Product identifier, including details of ingredients

Information on the identity of a product includes a product identifier and the disclosure of certain ingredients. The product identifier and details of ingredients should be grouped together and located at the most prominent position on the label, for example at the top or centre of the label,
or on a front panel.

A product identifier is a unique name or number by which the chemical is to be known, and which allows the product users to identify the hazardous chemical. The product identifier must be the same as that listed in the safety data sheet, and may be identical to the trade name.

A label must identify those ingredients, including their proportions, which contribute to the overall hazard class and hazard category of the hazardous chemical in accordance with Schedule 8 of the WHS Regulations. Disclosure of ingredient names is not required for ingredients that meet only physicochemical and/or environmental hazard classifications.

For pure substances, the identity of an ingredient can be identical to the product identifier.

The identity of a hazardous ingredient must be disclosed on a label using its chemical identity, unless the use of a generic name is permitted. The chemical identity of the hazardous ingredient can be disclosed by any of the following:

• the IUPAC name
• the CAS name
• the technical name (if different from the IUPAC or CAS name), which must be generally used
  in commerce, regulations and codes to identify a substance or mixture, and recognised by the scientific community.

Note: Trade names are not acceptable as technical names.

A generic name may be used to describe a hazardous ingredient if:

• the identity of the ingredient is commercially confidential, and
• an exposure standard has not been established for the ingredient, and
• the hazardous ingredient meets the criteria for any of the following GHS hazard classes
  and categories, and no other GHS health hazard classes and categories:
  • acute toxicity – Category 4 (oral, dermal, inhalation)
  • aspiration hazard – Category 1
  • serious eye damage/ eye irritation – Category 2A
  • skin corrosion/irritation – Category 2
  • specific target organ toxicity (single exposure) – Category 3.

A guide for selecting generic names for ingredients is included in Appendix C of this Code.

For complex mixtures

The identity of all hazardous ingredients in a complex mixture must be determined so far as
is reasonably practicable. In some situations it may be difficult to identify individual ingredients
for example in natural products or extracts where the chemical composition of the mixture may vary according to the source. In these circumstances, technical names may be used to identify hazardous ingredients.

The ingredient and formulation details for hazardous complex mixtures must include as much information as possible. Chemical families or sub-families should be distinguished wherever possible. Chemical sub-families that may be used to represent a mixture of ingredients in complex mixtures include aliphatic hydrocarbons, aromatic hydrocarbons, aliphatic alcohols, aliphatic aldehydes and silicates.

Disclosing proportions of ingredients

The proportion of a disclosed ingredient, expressed as a weight or volume percentage of the hazardous chemicals must be described as an exact proportion, unless the exact concentration
of an ingredient is commercially confidential. For multiple ingredients, proportions of hazardous ingredients should be listed in descending order by mass or volume.

Where the proportions of ingredients in the hazardous chemical are commercially confidential, the following ranges—or a narrower range as described in the paragraph immediately below—must be used as an alternative to disclosing exact proportions:

• <10%
• 10- <30%
• 30 – 60%
• >60%

The proportion of an ingredient may be disclosed using a narrower range than the applicable range listed above. For example, for an ingredient present at 35%, a range of 30 - 40% may be used instead of 30 - 60%.

For complex mixtures, proportion ranges should be used to cover any variability in the composition. Where the exact composition of a complex mixture is not known, this should be clearly indicated
on the label.

Where possible, the percentage composition should add up to or indicate a total of 100%, even
if an estimate of non-hazardous ingredients needs to be provided.

2.3 Manufacturer/importer information

The label must include the Australian contact details of the manufacturer or importer.

Additional information, including details of an overseas manufacturer or supplier – for example,
a website or internet address – may be included on the label.

The manufacturer or importer identification may be provided in a less-prominent position on the label, for example the back portion of the label. It should be grouped with the expiry date, where applicable.

2.4 Label elements

The combination of label elements required on the label of a hazardous chemical is directly linked to its hazard classification. Label elements apply to classification endpoints or hazard categories and must be determined as specified in the GHS.

Appendix D includes tables listing all the elements that apply to each hazard class and category
or division.

The potential exists for duplication or redundancy of certain label elements where a hazardous chemical meets the criteria for more than one hazard class or category in the GHS. Duplicate or redundant information should not be included on a label. Rules of precedence of certain label elements and general guidance that should be used to determine when elements may be omitted from a label are provided in Appendix E.

Some hazardous chemicals, for example dangerous goods which cannot otherwise be classified into any hazard class described in the GHS, will not have any corresponding label elements.
For these hazardous chemicals, hazard pictograms, hazard statements, signal words and precautionary statements cannot be included on the label. The labels for these products should include information on the hazards and safety precautions. For example, for dry ice (solid carbon dioxide), information on the asphyxiation hazard and precautions for handling to avoid cryogenic burns should be included on the label.

The signal word, hazard pictograms and hazard statements should be grouped together in a prominent position on the label, and located either immediately following or adjacent to the product identifier and chemical ingredients.

Signal words

Signal words are used to indicate the relative level of severity of a hazard. The GHS uses ‘Danger’ and ‘Warning’ as signal words. ‘Danger’ is used for a more severe or significant hazard, while ‘Warning’ is used for the less severe hazards.

Only one signal word should be present on any one label. If the signal word ‘Danger’ applies, then the signal word ‘Warning’ should not appear on the label.

Signal words should be represented in bold and uppercase text.

Hazard statements

Hazard statements describe the nature of a hazard, including the degree of hazard, where appropriate. A unique hazard statement is assigned to each hazard class and category. The hazard statements and corresponding hazard class and category are provided in Appendix D.
All relevant hazard statements must appear on the label. Where a hazard classification results
in hazard statements with duplicate information, the information should only appear once, in line with the rules of precedence outlined in Appendix E.

Additionally Appendix D lists 12 non-GHS hazard statements that should be included on the label, where relevant.

A unique hazard statement code is assigned to each hazard statement. The hazard statement code is intended to be used for reference purposes only. It is not part of the hazard statement
and should not be used to replace it or be included on the label.

Hazard statements should be represented in bold and sentence case text.

Precautionary statements

Precautionary statements describe the recommended measures that should be taken to minimise or prevent adverse effects resulting from exposure to, or improper storage or handling of, a hazardous chemical. Precautionary statements are assigned to each hazard class and category.

Precautionary statements are separated into five categories:

• Prevention statements refer to precautions to be taken to prevent an accident or exposure.
• Response statements refer to instructions in case of an accident.
• Storage statements refer to instructions for safe storage of the chemical.
• Disposal statements refer to appropriate disposal instructions.
• General statements for use as appropriate.

The precautionary statements that correspond to each hazard class and category are provided
in Appendix D. Not all precautionary statements relating to a particular hazard classification need to be used on the label. As a guide, a maximum of between six and ten precautionary statements should appear on the label, depending on the nature and severity of the hazards.

Where a hazard classification results in duplicate precautionary statements, the information should only appear once in line with the rules of precedence outlined in Appendix E.

A combination of precautionary statements may be used to save label space, improve readability and to provide flexibility in the application of precautionary phrases.

Related precautionary statements should be grouped together on a label to allow for ease of location. Precautionary statements should be printed in sentence case text.

A unique precautionary statement code is assigned to each precautionary statement. The precautionary statement code is intended to be used for reference purposes only. It is not part
of the precautionary statement and should not be used to replace it or be included on the label.

The general precautionary statements refer to general precautionary measures to be taken,
for example:

• If medical advice is needed, have product container or label at hand.
• Keep out of reach of children.
• Read label before use.

Unlike other precautionary statements, general precautionary statements are not linked to particular hazard classes or categories and their inclusion on labels of workplace hazardous chemicals is not mandatory.

Where general precautionary statements are used, they should be located in a prominent position on the label, for example adjacent to the product identifier. General precautionary statements should be printed in sentence case text.

Hazard pictograms

The GHS specifies nine hazard pictograms, having regard to physical, health and environmental hazards. These are provided in Appendix F of this Code.

Hazard pictograms must be included on the label in most cases. In some circumstances however, pictograms may be omitted from the label in line with the rules of precedence outlined in Appendix E. In all other cases, where pictograms are required, all the relevant hazard pictograms must be included on the label.

Hazard pictograms should be in the shape of a square set at an angle of 45o (i.e. diamond-shaped) on its point. The hazard pictograms should have a black symbol on a white background with a red border or frame of sufficient width to be clearly visible. Pictograms with a black border may also be used.

Class labels recommended for the transport of dangerous goods as specified in the ADG Code may be used instead of the relevant hazard pictograms specified in the GHS. Never use both in
the same label. A comparison of the hazard pictograms as specified in the GHS and the ADG Code class labels are shown in Appendix G[1].

2.5 Expiry Date

The expiry date for a chemical must be provided, where, for example degradation or decomposition of the chemical may occur over time, with the result that the hazard classification
of the chemical changes, or where the chemical is no longer within acceptable specifications for potency and stability. For example ethers may form explosive peroxides over time.

An expiry date may be provided in a less prominent position of the label, for example the back portion of the label. It should be grouped with any manufacturer or importer identification information. An expiry date should be represented in sentence case text.

2.6 Pipe work

Regulation 343: A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a hazardous chemical in pipe work is identified by a label, sign or another way on or near the pipe work.

Pipelines and pipe-work used for the conveyance of hazardous chemicals must be identified.
The identification used should communicate information relevant to the identity of the chemical,
its hazards and any necessary precautions to be observed. Methods for identifying hazardous chemicals in pipe work may include:

• signs adjacent to pipe-work
• markings on the pipe-work, for example colour coding (refer to AS 1345-1995 Identification
  of the contents of pipes, conduits and ducts for guidance)
• schematic layouts displayed prominently.

3. SPECIAL LABELLING SITUATIONS

This chapter outlines requirements and guidelines for labelling hazardous chemicals in special situations where the full requirements do not apply. You should always aim to provide as much information on the hazards and safe use of the chemical on the label as possible.

Under the WHS Regulations, reduced labelling is permitted for hazardous chemicals that are:

• supplied in small containers
• research chemicals or samples for analysis
• decanted or transferred
• not supplied to another workplace, and where the hazards are known to the workers using
  the chemical
• hazardous wastes
• classified into the explosives hazard class and are not explosive articles.

This section also provides guidance on the acceptability of labels prepared in accordance with other labelling systems and handled in a workplace, specifically:

• hazardous chemicals classified in the explosive hazard class and labelled in compliance with the Australian Explosives Code (AEC)
• dangerous goods labelled in compliance with transport requirements[2]
• consumer products
• agricultural or veterinary chemical products that are labelled in accordance with the requirements of the Australian Pesticides and Veterinary Medicines Authority.

3.1 Small containers

In addition to the mandatory items mentioned above, labels for small containers or packages must include as much labelling information required for hazardous chemical labels in general that is reasonably practicable to include. Priority should be given to the inclusion of those labelling elements relating to the most significant hazards of the hazardous chemical.

The most significant hazard will vary from chemical to chemical, and will be dependent upon, for example, likely routes of exposure based on its physical state (i.e. whether it is a gas, liquid or solid), its packaging and its intended use.

Examples of the most significant hazard

• The information relating to a hazardous chemical’s inhalation hazard properties may be considered most significant for a paint that is intended for application using a spray gun,
  but not where it is intended for application using a brush.
• The information relating to dermal toxicity may be considered most significant for a chemical that is packaged in an ampoule (i.e. where spillage could occur during opening), but not where the chemical is packaged in a ready-to-use syringe.

For hazardous chemicals with multiple hazard categories, the most stringent set of precautionary statements should be selected. This is appropriate for situations where rapid action or response may be crucial following accidental exposure, and therefore, information relating to these actions should be included in preference to non-critical information.

Example of the most stringent set of precautionary statements

• If a chemical can cause long term systemic effects, and is also acutely toxic, then the first aid measures for acute toxicity will normally take precedence over those for longer term effects. However, medical attention for the delayed health effects may be required in some cases
  of incidental exposure, even if it is not associated with immediate symptoms of exposure. Therefore, the information relevant to medical attention that is required due to delayed health effects may be applicable.

Where certain hazard or other information has been omitted from the label, then it is recommended that alternative means for communicating the information should be used. The complete set of hazard and other information may be included on an outer box (for example for a box containing several very small ampoules), a swing tag or insert, or a leaflet inside a box.

Examples of acceptable labels for small containers are provided in Appendix H.

3.2 Research chemicals or samples for analysis

A research chemical is a substance or mixture that has been manufactured in a laboratory for the purposes of genuine research and which is not for use or supply to others for a purpose other than genuine analysis or research. A chemical that is supplied commercially to another workplace is not included under the meaning of research chemical or samples for analysis under any circumstances.

Regulation 335, Part 3 of Schedule 9: If a hazardous chemical is used for research purposes only or is a sample for analysis, the label must, at a minimum, be written in English and include the product identifier and a hazard pictogram or hazard statement that is consistent with the correct classification of the chemical.

A research chemical or sample for analysis must be correctly classified and the identity of the substance or mixture must be determined.

The product identifier of a research chemical or sample for analysis may be:

• the actual name of the chemical
• a recognised abbreviation or acronym
• a chemical formula, structure or reaction components.

Where a research chemical or sample for analysis cannot be identified this should be indicated clearly on the label. Labels for research chemicals or samples for analysis should include as much hazard information as possible, based on the identity and the known or suspected hazards.

Where labelling the actual laboratory container is impractical due to its size or the conditions under which it is used, other methods of providing the information can be used, for example a secure swing tag, a sign attached to supporting apparatus or labelling an outer container.

For example, for a rack of test tubes, rather than label each individual test tube containing the same hazardous chemical, you may attach a label to the rack using a swing tag.

3.3 Decanted or transferred hazardous chemicals

For the purposes of this Code, decant means to transfer a hazardous chemical from a correctly labelled container to another container within a workplace. Such a container may range from a small flask in a research laboratory to a large vessel that is used to contain reaction components prior to use in a mixing or reaction process.

Where the entire amount of a decanted hazardous chemical will be used immediately, labelling
of its container is not required.

A decanted hazardous chemical can only be considered to be used immediately in situations where:

• it is not left unattended by the person who decanted it
• the decanted hazardous chemical is used only by a person present at the decanting process
• the container is subsequently rendered free from any hazardous chemical immediately after use, so the container is in the condition it would be in if it had never contained the chemical.

Examples

• A sample of hydrocarbon solvent is dispensed from a bulk container into a 15 L container by Worker A. All of the decanted hydrocarbon solvent in the 15 L container is then used immediately by Worker A in the same shift. No hydrocarbon solvent is left in the 15 L container (as though it has never contained the chemical). The container with the dispensed solvent is not left unattended by Worker A before it is used.

In this example, the decanted hydrocarbon solvent is considered to be used immediately.

• A sample of hydrocarbon solvent is dispensed from a bulk container into a 15 L container by Worker A. The solvent in the 15 L container is not completely used up by Worker A at the end of his/her work shift. Worker A has not left the container with the dispensed solvent unattended during the shift. The remainder of the solvent is left for Worker B.

In this example, the decanted hydrocarbon solvent is not considered to be used immediately.

Where a container is repeatedly used for decanting as part of normal work procedures or processes, a permanent label with all the general labelling information must be attached to the container. Permanently labelled containers must not be used to contain any other substances or mixtures than those specified on the label.

3.4 Hazardous chemicals with known hazards that are not supplied to another workplace

Where a hazardous chemical will not be supplied to another workplace, and your workers involved in its handling have sufficient knowledge of the associated hazards, then you may omit some of the information normally required in a label. The label should communicate enough information on the hazards as necessary to ensure its safe use.

Examples of labelling chemicals that are not supplied to another workplace

• Hazardous Chemical A is manufactured at Site A. Batch samples of Hazardous Chemical A
  are routinely sent to a laboratory at the same manufacturing site for analysis. Samples of Hazardous Chemical A are handled on a regular basis at the on-site laboratory, and the hazards are well-known by the workers. Reduced labelling is permitted for the batch samples.
• Active Constituent A is manufactured at Site A and then later formulated into an end-use product, Agricultural Chemical Product A. The end-use product is formulated at the same facility, Site A, where the active ingredient is manufactured, and the workers undertaking the formulation step are aware of the hazards. In this case, the reduced labelling is permitted for Active Constituent A. However, Agricultural Chemical Product A must be labelled with all requisite labelling information.
• From the previous example, if Active Constituent A is transported to a different facility, Site B, for formulation into the end-use product Agricultural Chemical Product A, even where both facilities are owned and operated by the same company, Active Constituent A must be labelled with all requisite labelling information.

3.5 Hazardous waste products

Hazardous waste products must be identified and correctly classified, so far as is reasonably practicable. Where it is not reasonably practicable to undertake a complete hazard classification
of waste material, the hazard classification must be determined or estimated using a precautionary approach based on the known or likely constituents of the waste.

The product identifier should reflect the nature of the waste as closely as possible and may depend on the extent of knowledge about the components of the waste. Examples of product identifiers may include:

• chlorinated solvent waste
• flammable waste
• chromium VI waste
• heavy metal waste.

Labels for hazardous wastes should include as much hazard information as reasonably practicable based on what is known about the identity and any suspected hazards. The label of any hazardous wastes should also include, where possible, the following information:

• the identity of any known or likely hazardous constituents or impurities and their proportions (for example, ‘contains chromium VI, 5%’, or ‘may contain trace levels of organic peroxides’)
• relevant precautionary statements
• relevant first aid and safety directions
• any other information that may assist identification of the hazardous waste and its associated hazards.

If you have made every reasonable attempt to identify and classify the chemical waste and have been unsuccessful, you should clearly indicate this on the label.

3.6 Hazardous chemicals classified in the explosives hazard class

The Australian Code for the Transport of Explosives by Road and Rail (Explosives Code) outlines requirements for labelling of explosives hazard class. This labelling regime is designed primarily
for the communication of physical hazards of explosives during their transport.

Hazardous chemicals in the explosives class that meet the criteria for health hazards may require health and safety information on labels in addition to that required by the Explosives Code to meet workplace requirements.

Information on health hazards is not required on labels of explosive articles. Explosive articles should be labelled in accordance with the Explosives Code. However, where exposure to substances and mixtures within an article could occur during handling, any relevant health information should be included on labels.

3.7 Hazardous chemicals that are dangerous goods packaged for transport

Where a hazardous chemical has been packaged and labelled in accordance with dangerous goods transport requirements and is in-transit, the hazardous chemical is not subject to workplace labelling requirements. Where workplace hazardous chemicals are not in-transit, they must be labelled with all of the required labelling information.

Hazardous chemicals that are classified as dangerous goods and transported by road or rail must comply with the labelling or marking requirements that are specified in the ADG Code. Transport markings and class labels of the ADG Code are designed primarily to assist emergency services personnel in case of an accident or emergency.

Note: The ADG Code refers to dangerous goods pictograms as Class or Division labels. Other information required on a package or container is referred to as markings. The size and colour
of labels and markings required for transport are specified in the ADG Code.

 The ADG Code recognises the GHS as an appropriate labelling system for inner packages of dangerous goods during transport. As this code describes GHS-compliant labelling, labels prepared in accordance with this code should meet the inner package labelling requirements prescribed in the ADG Code for dangerous goods during transport.

To meet both workplace and transport labelling requirements, additional health and safety information may be required on some transport containers. The additional information would generally relate to chronic health hazards, which are not regulated for transport purposes.

For outer packaging used within the workplace, workplace labelling requirements may be met by attaching to the container a supplementary panel or label that includes the additional information. The additional information should be clearly distinguishable from the information required to meet transport laws.

3.8 Consumer products

The following example shows how to distinguish between a consumer product and a workplace hazardous chemical:

Toilet cleaner is sold in 750 ml bottles for domestic use and is sold in 20 L containers to commercial cleaning businesses. The 750 ml bottle is intended for domestic use and does not need to be labelled in accordance with the WHS Regulations.

However, it is reasonably foreseeable that, due to the package size of the 20 L product, it would be used in a workplace rather than in a domestic situation. Therefore, the 20 L product must be labelled according to workplace labelling requirements.

Consumer products which do not meet the definition of a workplace hazardous chemical and are covered by the SUSMP must comply with SUSMP labelling requirements.

3.9 Agricultural or veterinary chemical products

Agricultural or veterinary chemical refers to any agricultural chemical product or veterinary chemical product as defined in the Commonwealth’s Agricultural and Veterinary Chemicals
Code Act 1994.

The Australian Pesticides and Veterinary Medicines Authority (APVMA) labelling codes for agricultural and veterinary chemical products are the Ag Labelling Code and the Veterinary Labelling Code, respectively. You may omit the hazard pictogram and signal word from the labels of these chemicals. However, the label must contain hazard statements and precautionary statements for all of the intrinsic hazards of the product.

Note: Hazard and precautionary statements required for some intrinsic hazards under the WHS Regulations may not be required on labels by APVMA legislation. As the manufacturer or importer, you must ensure that any additional hazard and precautionary statements required by the WHS Regulations are included on the label, provided they are not contrary to the information required
by the APVMA legislation.

3.10 Products containing nanomaterials

For engineered or manufactured nanomaterials[3] or chemicals containing engineered or manufactured nanomaterials, it is recommended that labels be prepared in accordance with this Code unless there is evidence that the nanomaterials are not hazardous.

The following label statements are recommended for products containing nanomaterials when the hazards are not fully characterised:

• Contains engineered/manufactured nanomaterials. Caution: Hazards unknown.
• Contains engineered/manufactured nanomaterials. Caution: Hazards not fully characterised.

These phrases are for use on an interim basis, as the manufacturer/importer has a duty to correctly classify the chemical and include information on known hazards on the label in accordance with the WHS Regulations.

4. LABELLING DESIGN AND LAYOUT

The label must be written English.

The size of a label should be:

• large enough to contain all of the relevant hazard and other information in a size and style that is easily visible and legible in the workplace
• appropriate to the size of the container, with larger labels present on larger containers.

The information on a label may be presented using one or more panels, or sections, dependent
on the size and shape of the container. The label should be firmly secured to the outside of the container and should be visible in the normal storage position. The label should be sufficiently durable so as to remain legible and firmly attached to the container for the foreseeable lifetime
of the product under normal storage and handling conditions.

The information and hazard pictograms on any label should be printed in a colour or colours that provide a distinct contrast to the background colour.

4.1 Grouping information

A label should group specific information together so that hazard or precautionary information
can be easily located.

4.2 Orientation and size of label elements

The text, hazard pictograms and other information on a label should be of a size and style that
is easily legible and is appropriate to the size of the label and container.

The following table is provided as a guide for the minimum dimensions for hazard pictograms
and sizes of text on containers of various capacities:

Note 1: Refer to the ADG Code for marking requirements for dangerous goods being transported.

Examples of labels that have been produced in accordance with the labelling system described
in this Code are provided in Appendix H.

5 OTHER DUTIES IN RELATION TO LABELLING

5.1 Containers found without correct labelling

If you find that a container of a hazardous chemical is not correctly labelled in accordance with
the WHS Regulations, you should attach the product identifier to the container. You should not
use a hazardous chemical that is not correctly labelled. Store it in isolation until it is appropriately labelled.

If the product identifier of an unlabelled chemical is not known, this should be clearly marked
on the container, for example by attaching a label to the container with the statement:

Caution - Do Not Use - Unknown Substance.

You should take steps to either identify and correctly label the unknown chemical or dispose
of the contents in accordance with relevant environmental regulations and, where necessary,
in consultation with the relevant waste management authority.

5.2 Reviewing and updating information on labels

From time to time, the hazard classification of a hazardous chemical may change, for example where new information becomes available. Where the hazard classification of a hazardous chemical changes, the label must be reviewed and, if necessary, revised to reflect any required changes.

Importers, manufacturers and suppliers should review any new or significant information in relation to any hazardous chemicals they import, manufacture or supply. A review of the literature and other relevant sources of information should be undertaken on a regular basis.

It is good practice to review the label information of a hazardous chemical at the same time as the safety data sheet (SDS) is updated. SDSs are updated:

• when any new information about the hazardous chemical is known or received to ensure the SDS contains correct, current information
• at least once every five years.

If you have duty to label a workplace hazardous chemical, then you must ensure that the label contains correct information at the time it is affixed to the container of the hazardous chemical.

APPENDIX A – DEFINITIONS AND ABBREVIATIONS

Article means a manufactured item, other than a fluid or particle, that:

• is formed into a particular shape or design during manufacture, and
• has hazard properties and a function that are wholly or partly dependent on the shape
  or design.

CAS Name is the chemical name recommended by the Chemical Abstracts Service, Columbus, Ohio, USA.

Chemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service,
or a technical name, that gives a chemical a unique identity.

Class of dangerous goods, means the number assigned to the goods in the ADG Code indicating the hazard, or most predominant hazard, exhibited by the goods.

Class label means a pictogram described in the ADG Code for a class, or division of a class,
of dangerous goods.

Combustible liquid means a liquid, other than a flammable liquid, that has a flash point,
and a fire point less than its boiling point.

Combustible substance means a substance that is combustible and includes dust, fibres, fumes, mists or vapours produced by the substance.

Consumer product means a thing that:

• is packed or repacked primarily for use by a household consumer or for use in an office
• if the thing is packed or repacked primarily for use by a household consumer—is packed
  in the way and quantity in which it is intended to be used by a household consumer
• if the thing is packed or repacked primarily for use in an office—is packed in the way and quantity in which it is intended to be used for office work.

Division, of dangerous goods, means a number, in a class of dangerous goods, to which the dangerous goods are assigned in the ADG Code.

Explosives Code means the Australian Code for the Transport of Explosives by Road and Rail endorsed by the Workplace Relations Ministers’ Council as amended from time to time.

Exposure standard means an exposure standard published by Safe Work Australia in the Workplace Exposure Standards for Airborne Contaminants.

Note: Workplace Exposure Standards for Airborne Contaminants will replace the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOSHC:1003(1995)].

Generic name means a name applied to a group of chemicals having a similar structure and properties.

Genuine research means systematic investigative or experimental activities that are carried out for either acquiring new knowledge (whether or not the knowledge will have a specific practical application) or creating new or improved materials, products, devices, processes or services.

GHS means the Globally Harmonised System of Classification and Labelling of Chemicals,
Third revised edition, published by the United Nations.

Hazard means a situation or thing that has the potential to harm people, property or the environment.

Hazard category means a division of criteria within a hazard class in the GHS.

Hazard class means the nature of a physical, health or environmental hazard and includes a class of dangerous goods

Hazard pictogram means a graphical composition, including a symbol plus other graphical elements, that is assigned in the GHS to a hazard class or hazard category.

Hazard statement means a statement assigned to a hazard class or hazard category describing the nature of the hazards of a hazardous chemical including, if appropriate, the degree of hazard.

Import means to bring into the jurisdiction from outside Australia.

Ingredient means any component of a mixture.

In transit—a thing is in transit if the thing:

• is supplied to, or stored at, a workplace in containers that are not opened at the workplace, and
• is not used at the workplace, and
• is kept at the workplace for not more than five consecutive days.

ISO name is a chemical name approved by the International Organisation for Standardisation.

IUPAC name is the chemical name recommended by the International Union of Pure and Applied Chemistry.

Laboratory means a building or room equipped for analysis, genuine research or practical teaching, and which is not used for production purposes.

Manufacture includes the activities of packing, repacking, formulating, blending, mixing, making, remaking and synthesising.

Mixture means a combination of, or a solution composed of, two or more substances that do not react with each other.

Precautionary Statement means a phrase prescribed by the GHS that describes recommended measures to be taken to prevent or minimise the adverse effects of exposure to a hazardous chemical or the improper handling of a hazardous chemical.

Product identifier means the name or number used to identify a product on a label or in a safety data sheet.

Proper Shipping Name means a proper shipping name under the ADG Code.

Research chemical means a substance or mixture that is manufactured in a laboratory for genuine research and is not for use or supply for a purpose other than analysis or genuine research.

Safety data sheet (SDS) means a document that describes the identity, properties (that is to say chemical and physical properties and health hazard and environmental hazard information), uses, precautions for use, safe handling procedures and safe disposal procedures of a hazardous chemical.

Signal word means the word danger or warning used on a label to indicate to a label reader the relative severity level of a hazard, and to alert the reader to a potential hazard, under the GHS.

Substance means a chemical element or compound in its natural state or obtained or generated by a process:

• including any additive necessary to preserve the stability of the element or compound
  and any impurities deriving from the process, but
• excluding any solvent that may be separated without affecting the stability of the element
  or compound, or changing its composition.

SUSMP means the Standard for the Uniform Scheduling of Medicines and Poisons, published
by the National Drugs and Poisons Schedule Committee as amended from time to time.

Technical name means a name that is:

• ordinarily used in commerce, regulations and codes to identify a substance or mixture, other than an International Union of Pure and Applied Chemistry or Chemical Abstracts Service name
• recognised by the scientific community.

Transfer includes the pumping, dispensing or decanting from one container into another or from one place to another.

UN Number means the number assigned to dangerous goods by the United Nations Subcommittee of Experts on the Transport of Dangerous Goods. UN Numbers are published
in the UN Recommendations on the Transport of Dangerous Goods – Model Regulation, and
in the ADG Code.

APPENDIX B – CHECKLIST FOR PREPARATION OF A LABEL

The following table lists the steps that are recommended for the preparation of a label for a hazardous chemical. The information is intended for use as a quick reference guide. It may not apply to all situations. The relevant sections of this Code should be referred to for full details
of the labelling requirements.

APPENDIX C – GUIDE FOR SELECTING GENERIC NAMES

This guide describes a procedure for naming hazardous chemicals and the division of substances into families.

The families are defined in the following manner:

• inorganic or organic substances whose properties are identified by having a common chemical element as their chief characteristic. The family name is derived from the name
  of the chemical element. These families are identified as in subsection C1.3 below by the atomic number of the chemical element (001 to 103)
• organic substances whose properties are identified by having a common functional group as their chief characteristic.

• the family name is derived from the functional group name, and
• these families are identified by the number convention found in subsection C1.3
  (601 to 650).

• sub-families bringing together substances with a common specific character have been added in certain cases.

Establishing the Generic Name

C.1.  General Principles

In selecting a generic name, the following approach is adopted:

• identify the functional groups and chemical elements present in the molecule
• determine the most important functional groups and chemical elements, which contribute
  to its properties.

The identified functional groups and elements taken into account are the names of the families
and sub-families. These names are set out in subsection C.3 in the form of a (non-restrictive) list.

C.2.  Practical application

After having conducted a search to see if the substance belongs to one or more families
or sub-families on the list, the generic name can be established in the following way:

a)      If the name of a family or sub-family is sufficient to characterise the chemical elements
or important functional groups, this name will be chosen as the generic name.

Examples:

b)      If the name of a family or sub-family is not sufficient to characterise the chemical elements of important functional groups, the generic name should be a combination of the corresponding different family or sub-family names.

Examples:

c)      In the case of certain elements, notably metals, the name of the family or sub-family may be indicated by the words 'organic' or 'inorganic'.

Examples:

C.3. Division of substances into families and sub-families

APPENDIX D – APPLICATION OF LABEL ELEMENTS

This appendix is intended to provide guidance for the application of an appropriate signal word, and appropriate hazard pictograms, hazard statements, and precautionary statements. The tables at the end of this appendix specify the signal word, hazard pictograms, hazard statements and precautionary statements that apply to each hazard class and category.

Structure of Hazard Statement Text

All of the hazard statement text that appears in bold should appear on the label, except as otherwise specified.

All of the information that appears in italics should appear as part of the hazard statement,
where applicable.

The hazard statement codes shown in the tables are intended to be used for reference purposes only. They are not part of the hazard statement text and should not be used on a label.

Structure of Precautionary Statement Text

There are five types of precautionary statements: general, prevention, response (in case
of accidental spillage or exposure, emergency response and first aid), storage and disposal.

All of the precautionary statement text that appears in bold should appear on the label, except
as otherwise specified.

To provide flexibility in the application of precautionary phrases, a combination of statements may be used to save label space and improve the readability of phrases. A combination of phrases can also be useful for different types of hazard where the precautionary behaviour is similar.

When a forward-slash or diagonal mark [/] appears in a precautionary statement text, it indicates that a choice has to be made between the phrases they separate

When three full stops […] appear in a precautionary statement text, it indicates that all applicable conditions are not listed.

When text in the precautionary statement text appears in italics, this indicates that specific conditions apply to the use or allocation of the precautionary statement. This may relate to conditions attaching to either the general use of a precautionary statement or its use for a particular hazard class and/or hazard category. The text in italics is not intended to be present
on a label.

The precautionary statements included in the following matrices cover general emergency response and first-aid information. For some specific chemicals, supplementary first aid, treatment measures or specific antidotes or cleansing materials may be required. Poisons Centres and/or medical practitioners or specialist advice should be sought in such situations and included on labels where appropriate

The precautionary statement codes that are used in the tables are intended to be used for reference purposes only. They are not part of the precautionary statement text and should not
be used on a label.

General Precautionary Statements

General precautionary statements are not aligned with any particular hazard category, and according to the GHS principles, these statements are required for consumer products only. Manufacturers of hazardous chemicals may choose to include these on workplace labels, particularly where it is foreseeable that the chemical may be used in a non-workplace situation.

Allocation of label elements

The matrices below provide the following information for each hazard class and hazard category
of the GHS:

a)     hazard category; and

b)     the assigned symbol; and

c)      the assigned signal word; and

d)     the assigned hazard statement and code; and

e)     the assigned precautionary statements, by precautionary statement type, and code.

*Note:  This symbol is according to the ADG Code for the transport of dangerous goods

*Note:  Symbol for Explosive Division 1.6 is the symbol used for the transport of dangerous goods

*This symbol is according to the ADG Code for the transport of dangerous goods

Note: Hazard category Type G: There are no label elements allocated to this hazard category