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) .