Work Health and Safety Amendment (Labelling of Hazardous Chemicals) Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 13 December 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Kelly O’Dwyer

Minister for Jobs and Industrial Relations

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Work Health and Safety Regulations 2011

1  Name

  This instrument is the Work Health and Safety Amendment (Labelling of Hazardous Chemicals) Regulations 2018.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Work Health and Safety Act 2011.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Work Health and Safety Regulations 2011

1  Subregulation 5(1)

Insert:

Agvet Code means the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

2  Subregulation 328(7)

Repeal the subregulation.

3  After subregulation 335(2)

Insert:

 (2A) A hazardous chemical is also correctly labelled if the label includes content that:

 (a) complies with another labelling requirement imposed by these Regulations or by another law of the Commonwealth; and

 (b) is the same, or substantially the same, as the content that is required by Part 3 of Schedule 9.

 (2B) Subregulation (2A) ceases to be in force at the end of 31 December 2023.

4  Paragraph 335(3)(a)

Omit “Standard for the Uniform Scheduling of Medicines and Poisons 2011 published by the Commonwealth, as in force or remade from time to time”, substitute “Poisons Standard”.

5  At the end of regulation 335

Add:

 (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) Subregulation (7) ceases to be in force at the end of 31 December 2023.

 (9) In this regulation:

Poisons Standard means the Poisons Standard June 2018 published by the Commonwealth, as in force or remade from time to time.

6  Regulation 341

Before “A person”, insert “(1)”.

7  At the end of regulation 341

Add:

 (2) Subregulation (1) does not apply to a hazardous chemical if the chemical:

 (a) was manufactured or imported before 1 January 2017; and

 (b) was, at the time it was manufactured or imported, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.

Note: Regulation 338 applies if the chemical is being supplied to another workplace.

 (3) Subregulation (2) ceases to be in force at the end of 31 December 2023.

8  After subregulation 342(1)

Insert:

 (1A) Subregulation (1) does not apply to a hazardous chemical if the chemical:

 (a) was manufactured, or transferred or decanted from its original container at the workplace, before 1 January 2017; and

 (b) was, at the time it was manufactured, or transferred or decanted from its original container at the workplace, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.

Note: Regulation 338 applies if the chemical is being supplied to another workplace.

 (1B) Subregulation (1A) ceases to be in force at the end of 31 December 2023.

9  After subregulation 342(2)

Insert:

 (2A) Subregulation (2) does not apply to a container that stores a hazardous chemical if:

 (a) if subregulation 341(2) applies—the container is labelled as mentioned in that subregulation; or

 (c) if subregulation 342(1A) applies—the container is labelled as mentioned in that subregulation.

 (2B) Subregulation (2A) ceases to be in force at the end of 31 December 2023.

10  Schedule 6 (table 6.2, cell at item 1, column headed “Ingredient classification”)

Repeal the cell, substitute:

11  Schedule 6 (table 6.2, cell at item 2, column headed “Ingredient classification”)

Repeal the cell, substitute: