Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 335

335 Labelling hazardous chemicals

(1) The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly labelled as soon as practicable after manufacturing or importing the hazardous chemical.

Penalty—

Maximum penalty—60 penalty units.

(2) A hazardous chemical is
"correctly labelled" if—

(a) the selection and use of label elements is in accordance with the GHS and the hazardous chemical is labelled as stated in schedule 9 , part 3 ; or

(b) the hazardous chemical is—

(i) labelled under a law of the Commonwealth relating to the labelling of hazardous chemicals; and

(ii) labelled in a way that corresponds, or substantially corresponds, to the way a hazardous chemical is labelled as stated in schedule 9 , part 3 .

(3) This section does not apply to a hazardous chemical if—

(a) the hazardous chemical is a consumer product that is labelled in accordance with the Poisons Standard; and

(b) the container for the hazardous chemical has its original label; and

(c) it is reasonably foreseeable that the hazardous chemical will be used in a workplace only in—

(i) a quantity that is consistent with household use; and

(ii) a way that is consistent with household use; and

(iii) a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.

(4) This section does not apply to hazardous chemicals in transit.

(5) This section does not apply to a hazardous chemical that—

(a) is human therapeutic goods within the meaning of the Therapeutic Goods Act 1989 (Cwlth) ; and

(b) is in a form intended for human consumption, for administration to or by a person or use by a person for therapeutic purposes; and

(c) is labelled under that Act or an order made under that Act .

(6) This section does not apply to cosmetics and toiletries.

(7) This section does not apply to a veterinary chemical if—

(a) the veterinary chemical is—

(i) included in the Poisons Standard, schedule 4 ; and

(ii) in a form intended for direct administration to an animal for therapeutic purposes; or

(b) the veterinary chemical is included in the Poisons Standard, schedule 8 .

(8) In this section—

"Poisons Standard" means the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 (Cwlth) .

"veterinary chemical" means a veterinary chemical product within the meaning of the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) .