Health and Safety at Work (Hazardous Substances) Regulations 2017

Storage of class 6 or 8 substances at hazardous substance location

13.34 Duty of PCBU to establish hazardous substance location where certain class 6 or 8 substances present

(1)

This regulation applies to 1 or more of the following substances:

(a)

a class 6.1A substance:

(b)

a class 6.1B substance:

(c)

a class 6.1C substance:

(d)

a class 8.2A substance:

(e)

a class 8.2B substance:

(f)

a class 6 or 8 substance specified in a relevant safe work instrument.

(2)

A PCBU with control or management of a place within a workplace where 1 or more of the substances are present must establish in that place 1 or more hazardous substance locations where such substances are to be situated if—

(a)

the substances are to be present for a period exceeding—

(i)

2 hours, in the case of a substance subject to the tracking requirements of Part 19:

(ii)

24 hours, in the case of a substance that is not subject to the tracking requirements of Part 19; and

(b)

the substances are to be present in amounts exceeding the quantities specified for the relevant classifications in regulation 13.38.

(3)

The PCBU with management or control of the hazardous substance location must ensure that the hazardous substance location complies with,—

(a)

for a store for class 6 or 8 substances other than an indoor storage cabinet, regulation 13.35; or

(b)

for an indoor storage cabinet for class 6 substances, regulation 13.36; or

(c)

for an indoor storage cabinet for class 8 substances, regulation 13.37.

(4)

The PCBU with management or control of a hazardous substance location must notify WorkSafe of the following information at least 30 working days before the commissioning of the hazardous substance location as an area for accommodating a substance:

(a)

the street address of the hazardous substance location; and

(b)

the maximum quantity and hazard classification of the substance that the hazardous substance location is designed or constructed to accommodate; and

(c)

any manufacturing or use involving the substance that may occur at the location.

(5)

The PCBU with management or control of the hazardous substance location must also ensure that,—

(a)

where a compliance certificate is required under regulation 13.38, a compliance certificate is obtained that certifies that the requirements of that regulation are met; and

(b)

a site plan is available for inspection showing, in relation to the legal boundary of the site in which the hazardous substance location is situated,—

(i)

the physical location of all hazardous substance locations within the workplace that contain the substance; and

(ii)

all distances from the hazardous substance location to protected places, public places, and other hazardous substance locations within the boundary of the workplace; and

(c)

the requirements of regulations 13.9, 13.10, 14.3, and 14.4 (if applicable) are met; and

(d)

all workers handling the hazardous substance have received information, instruction, and training in accordance with regulation 4.5.

(6)

This regulation does not apply to the temporary storage (for example, in a vehicle, at a field bait handling area, or at an aircraft loading area) of a class 6.1A, 6.1B, or 6.1C substance associated with the imminent start of a pest control operation or pesticide application task, provided that—

(a)

the requirements of regulation 13.26 are complied with; and

(b)

the PCBU notifies WorkSafe of the place where the substance will be stored at least 24 hours before the commissioning of the place.

(7)

A PCBU who contravenes subclause (2), (3), or (5) 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.

(8)

A PCBU who contravenes subclause (4) 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.