Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - 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 under section 335 if the hazardous chemical is—

(a) manufactured at the workplace; or

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

Penalty—

Maximum penalty—60 penalty units.

(1A) Subsection (1) does not apply to a hazardous chemical if—

(a) the chemical—

(i) was manufactured, or transferred or decanted from its original container, before 1 January 2017 and was, at the time it was manufactured, transferred or decanted, labelled in accordance with the national labelling code; or

(ii) was manufactured or imported before 1 January 2023 and was, at the time it was manufactured or imported, labelled in accordance with GHS 3; and

(b) the chemical is not supplied to another workplace.

Note—

See section 338 for provisions about labelling of hazardous chemicals 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 under section 335 while the container contains the hazardous chemical.

(2A) Subsection (2) does not apply if—

(a) the container was—

(i) supplied to the workplace before 1 January 2017; and

(ii) at the time the container was supplied, labelled in accordance with the national labelling code; or

(b) the container was—

(i) supplied to the workplace before 1 January 2023; and

(ii) at the time the container was supplied, labelled in accordance with GHS 3; or

(c) the container was—

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

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

(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.

Penalty—

Maximum penalty—60 penalty units.

(4) This section 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.