Health and Safety at Work (Hazardous Substances) Regulations 2017

Supervision and training of workers

4.5 Duty of PCBU to provide information, training, and instruction

(1)

In addition to complying with regulation 9 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, a PCBU must ensure that every worker who uses, handles, manufactures, or stores a hazardous substance (including hazardous waste) is, before the worker is allowed to carry out or supervise work involving those substances, provided with—

(a)

the information referred to in subclause (2); and

(b)

the training and instruction referred to in subclause (3).

(2)

The information is—

(a)

any operations in the worker’s work area where hazardous substances are present; and

(b)

the location and availability of known reference material on the hazards, safe handling, and storage of the hazardous substances found in the workplace, including (without limitation) safety data sheets.

(3)

The training and instruction must include—

(a)

training and instruction in the following:

(i)

the physico-chemical and health hazards associated with the hazardous substances the worker uses at work:

(ii)

the procedures (if applicable) for the safe use, handling, manufacture, storage, and disposal of the hazardous substances:

(iii)

practice in the safe use of plant (including personal protective equipment) necessary to manage the hazardous substances:

(iiia)

the worker’s obligations under these regulations:

(iv)

the actions that the worker should take in an emergency involving the hazardous substances; and

(b)

an appropriate period of practical experience of the matters described in paragraph (a), under direct supervision in the workplace.

(4)

The information provided under subclause (2) and the training and instruction provided under subclause (3) may cover specific hazardous substances or groups of hazardous substances with the same hazardous properties.

(5)

A PCBU must—

(a)

keep a record of training and instruction provided under this regulation for each worker; and

(b)

ensure the record is available for inspection by an inspector or compliance certifier.

(6)

A PCBU who can demonstrate, by documentation or certification, that a worker’s previous experience or training (or both) has resulted in training equivalent to that described in subclause (3) is not required to provide training and instruction in accordance with subclause (3) unless the PCBU considers refresher training to be necessary.

(7)

Despite subclause (6), a worker with equivalent training who is new to the workplace must receive site-specific induction and have appropriate supervised experience at the new workplace.

(8)

A PCBU who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

(9)

A PCBU who contravenes subclause (5) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.