Health and Safety at Work (Hazardous Substances) Regulations 2017

Safety data sheets

2.11 Duty of PCBU to obtain and provide access to safety data sheets

(1)

A PCBU with management or control of a workplace must obtain the current safety data sheet for a hazardous substance from the manufacturer, importer, or supplier of the hazardous substance in the following circumstances:

(a)

when the hazardous substance is first supplied for use at the workplace:

(b)

when the hazardous substance is first supplied to the workplace after the safety data sheet is amended.

(2)

The hazardous substance must be treated as first supplied to a workplace if the supply is the first supply of the substance to the workplace for a period of 5 years.

(3)

The PCBU must ensure that the current safety data sheet for the hazardous substance or a condensed version of the key information from the safety data sheet (for example, a product safety card) is readily accessible—

(a)

to a worker who is in his or her work areas at the workplace; and

(b)

to any emergency service worker, or anyone else, who is likely to be exposed to the hazardous substance at the workplace.

(4)

In the case of workers who travel between workplaces because their work is carried out in more than 1 geographical location, the safety data sheet may be kept at the PCBU’s principal place of business if those workers (wherever they are) can immediately obtain the key information from the safety data sheet (or a condensed version) in an emergency.

(5)

Subclauses (1) to (4) do not apply to a hazardous substance that—

(a)

is in transit; or

(b)

in the case of a substance in a workplace of a retailer,—

(i)

is a consumer product; and

(ii)

is in that workplace only for the purpose of supply to other premises; and

(iii)

is not intended to be opened on the retailer’s premises; or

(c)

is a consumer product in a workplace and is used at the workplace only in quantities, and in a way, that is consistent with household use; or

(d)

is anhydrous ammonia that is contained in plant in which anhydrous ammonia is used as a refrigerant, except in the case of quantities of anhydrous ammonia in excess of 100 kg.

(6)

In the circumstances referred to in subclause (5), the PCBU must ensure that sufficient information about the safe use, handling, and storage of the hazardous substance is readily accessible to a worker who is in his or her work area at the workplace.

(7)

A PCBU who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.