South Australian Current Regulations South Australian Current Regulations344—Person conducting business or undertaking to obtain and give access
to safety data sheets
(1) A
person conducting a business or undertaking at a workplace must obtain the
current safety data sheet for a hazardous chemical prepared in accordance with
these regulations from the manufacturer, importer or supplier of the hazardous
chemical in the following circumstances:
(i)
not later than when the hazardous chemical is first
supplied for use at the workplace; or
(ii)
if the person is not able to obtain the safety data sheet
under subparagraph (i)—as soon as practicable after the hazardous
chemical is first supplied to the workplace but before the hazardous chemical
is used at the workplace;
(b) if
the safety data sheet for the hazardous chemical is amended either—
(i)
not later than when the hazardous chemical is first
supplied to the workplace after the safety data sheet is amended; or
(ii)
if the person is not able to obtain the amended safety
data sheet under subparagraph (i)—as soon as practicable after the
hazardous chemical is first supplied to the workplace after the safety data
sheet is amended and before the hazardous chemical supplied is used at the
workplace.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(2) The hazardous
chemical is taken to be first supplied to a workplace if the supply is the
first supply of the hazardous chemical to the workplace for 5 years.
(3) The person must
ensure that the current safety data sheet for the hazardous chemical is
readily accessible to—
(a) a
worker who is involved in using, handling or storing the hazardous chemical at
the workplace; and
(b) an
emergency service worker, or anyone else, who is likely to be exposed to the
hazardous chemical at the workplace.
Maximum penalty:
(a) In
the case of an individual—$3 600.
(b) In
the case of a body corporate—$18 000.
(4) Subregulations (1)
and (3) do not apply to a hazardous chemical that—
(a) is
in transit; or
(b) if
the person conducting the business or undertaking at the workplace is a
retailer is—
(i)
a consumer product; and
(ii)
intended for supply to other premises; or
(c) is a
consumer product and it is reasonably foreseeable that the hazardous chemical
will be used at the workplace only in—
(i)
quantities that are consistent with household use; or
(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.
(5) In the
circumstances referred to in subregulation (4), the person must ensure
that sufficient information about the safe use, handling and storage of the
hazardous chemical is readily accessible to—
(a) a
worker at the workplace; and
(b) an
emergency service worker, or anyone else, who is likely to be exposed to the
hazardous chemical at the workplace.
Maximum penalty:
(a) In
the case of an individual—$3 600.
(b) In
the case of a body corporate—$18 000.
(6) The person must
ensure that the current safety data sheet for the hazardous chemical is
readily accessible to a person at the workplace if the person—
(a) is
likely to be affected by the hazardous chemical; and
(b) asks
for the safety data sheet.
Maximum penalty:
(a) In
the case of an individual—$3 600.
(b) In
the case of a body corporate—$18 000.