New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 356

356 Keeping hazardous chemicals stable

(1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a hazardous chemical used, handled or stored at the workplace does not become unstable, decompose or change so as to--

(a) create a hazard that is different from the hazard originally created by the hazardous chemical, or

(b) significantly increase the risk associated with any hazard in relation to 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.

(2) A person conducting a business or undertaking at a workplace must ensure that--

(a) if the stability of a hazardous chemical used, handled or stored at the workplace is dependent on the maintenance of the proportions of the ingredients of the hazardous chemical--the proportions are maintained as stated in the safety data sheet for the chemical or by the manufacturer of the hazardous chemical, and

(b) if a hazardous chemical used, handled or stored at the workplace is known to be unstable above a particular temperature--the hazardous chemical is used, handled or stored at or below that temperature.

: Maximum penalty--

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

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

(3) This clause does not apply if--

(a) the hazardous chemical is changed or allowed to become unstable, without risk to health or safety, as part of a deliberate process or activity at the workplace, or

(b) the hazardous chemical undergoes a chemical reaction in a manufacturing process or as part of a deliberate process or activity at the workplace.