Health and Safety at Work (Hazardous Substances) Regulations 2017

Subpart 2—Hazardous substance locations

9.22 PCBU to establish hazardous substance location

(1)

This regulation applies to a place within a workplace where a class 1 substance is present—

(a)

for more than 2 hours; and

(b)

in at least the quantity specified for the relevant classification in table 5 in Schedule 8.

(2)

A PCBU with management or control of the place must establish 1 or more hazardous substance locations in which the substances are to be located.

(3)

Despite subclause (2), a hazardous substance location is not required for any of the following class 1 substances in a quantity below 10 000 kg (gross weight):

(a)

safety ammunition, including pre-primed cartridges and primers, of class 1.4S:

(b)

airbag initiators and seatbelt pretensioners of class 1.4G or 1.4S:

(c)

cable cutters of class 1.4S (UN0070):

(d)

power device cartridges of class 1.4S (UN0323):

(e)

signal tubes or shock tubes of class 1.4S (UN0349):

(f)

cassette degradation devices of class 1.4S (UN0432).

(4)

A PCBU with management or control of a hazardous substance location must notify WorkSafe, at least 30 working days before commissioning the location for class 1 substances, of—

(a)

the street address at which the hazardous substance location is situated; and

(b)

the maximum quantity and hazard classification of each class 1 substance that the hazardous substance location is designed or constructed to accommodate.

(5)

A PCBU with management or control of a hazardous substance location must,—

(a)

if regulation 9.3 applies, be a certified handler for the relevant substances or demonstrate that a person is available who is a certified handler for the substances; and

(b)

ensure that any container or building used to hold the substance is secured in accordance with regulation 9.18.

(6)

A PCBU with management or control of a hazardous substance location must ensure that,—

(a)

if regulation 9.26 applies to the location, 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 place where the hazardous substance location is situated, the physical position of—

(i)

all hazardous substance locations in the place; and

(ii)

all controlled zones in the place.

(7)

This regulation does not apply to a place within a workplace that is—

(a)

a designated use zone:

(b)

a designated transfer zone:

(c)

a discharge area:

(d)

a location authorised by WorkSafe under regulation 9.10(1)(e).

(8)

A PCBU who contravenes subclause (2), (5), or (6) 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 (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.

Compare: SR 2001/116 r 26