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—$6 000.
(b) In
the case of a body corporate—$30 000.
(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—$6 000.
(b) In
the case of a body corporate—$30 000.
(3) This regulation
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.