Health and Safety at Work (Hazardous Substances) Regulations 2017

Application of certain class 6 substances

13.19 Signage requirements for vertebrate toxic agents

(1)

This regulation applies to—

(a)

a class 6.1A, 6.1B, or 6.1C vertebrate toxic agent that is applied or laid anywhere outdoors by a person lawfully allowed to do so, as part of bait to inhibit reproduction, inhibit growth, or cause the death of terrestrial vertebrates; and

(b)

any other class 6 vertebrate toxic agent that is applied or laid outdoors in a place (within a workplace) to which members of the public ordinarily have access, by a person lawfully allowed to do so, as part of bait to inhibit reproduction, inhibit growth, or cause the death of terrestrial vertebrates.

(2)

A PCBU with management or control of work involving the substance must ensure that signs that comply with subclause (3) are erected at every normal point of entry to the place where the substance is to be applied or laid.

(3)

The signs must—

(a)

identify the job title of the person controlling the application or laying the substance, and provide sufficient information to enable that person to be contacted during normal business hours; and

(b)

identify the substance and state that it is toxic to humans and ecotoxic to non-human vertebrates; and

(c)

state the date on which the substance will first be applied or laid; and

(d)

comply with the requirements for comprehensibility and clarity listed in regulation 2.5(2)(c)(i) to (iv), with the modification described in subclause (4).

(4)

The modification is that regulation 2.5(2)(c)(iv) applies as if, in relation to the information required to be included on the signs by subclause (3)(a) and (c), the distance referred to in regulation 2.5(2)(c)(iv) were not less than 2 m.

(5)

WorkSafe may specify—

(a)

a period of time for which the signs are to remain in place:

(b)

different time periods for signs for different substances.

(6)

The PCBU must ensure that the signs remain until—

(a)

a period of time specified by WorkSafe for the substance has elapsed; or

(b)

the substance has been retrieved from the place concerned; or

(c)

the substance is no longer toxic.

(7)

Regulation 13.9 does not apply to a substance after it has been applied or laid in accordance with this regulation.

(8)

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.

Compare: SR 2001/117 r 28