New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 342

342 Labelling hazardous chemicals--containers

(1) A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical is correctly labelled in accordance with clause 335 if the hazardous chemical is--

(a) manufactured at the workplace, or

(b) transferred or decanted from its original container at the workplace.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(1A) Subclause (1) does not apply to a hazardous chemical--

(a) manufactured at the workplace, or transferred or decanted from its original container at the workplace, before 1 January 2017 that was, at the time it was manufactured, or transferred or decanted from its original container, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)[#93] as in force at that time, or

(b) manufactured at the workplace before 1 January 2023 that was, at the time it was manufactured, labelled in accordance with GHS 3, or

(c) transferred or decanted from its original container at the workplace that was--

(i) manufactured or imported before 1 January 2023, and

(ii) at the time it was manufactured or imported, labelled in accordance with GHS 3.

Note--: Clause 338 applies if the chemical is being supplied to another workplace.

(2) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a container that stores a hazardous chemical is correctly labelled in accordance with clause 335 while the container contains the hazardous chemical.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(2A) Subclause (2) does not apply to a container--

(a) supplied before 1 January 2017 that was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)[#93] as in force at that time, or

(b) supplied before 1 January 2023 that was, at the time it was supplied, labelled in accordance with GHS 3, or

(c) manufactured or imported before 1 January 2023 that was, at the time it was manufactured or imported, labelled in accordance with GHS 3.

Note--: Clause 338 applies if the container is being supplied to another workplace.

(3) A person conducting a business or undertaking at a workplace must ensure that a container labelled for a hazardous chemical is used only for the use, handling or storage of the hazardous chemical.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(4) This clause does not apply to a container if--

(a) the hazardous chemical in the container is used immediately after it is put in the container, and

(b) the container is thoroughly cleaned immediately after the hazardous chemical is used, handled or stored so that the container is in the condition it would be in if it had never contained the hazardous chemical.