(1) A person
conducting a business or undertaking at a workplace must ensure that a
hazardous chemical is correctly labelled in accordance with
regulation 335 if the hazardous chemical is —
(a)
manufactured at the workplace; or
(b)
transferred or decanted from its original container at the workplace.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(1A)
Subregulation (1) does not apply to a hazardous chemical if the
chemical —
(a) was
manufactured, or transferred or decanted from its original container at the
workplace, before 1 January 2017; and
(b) was,
at the time it was manufactured, or transferred or decanted from its original
container at the workplace, labelled in accordance with the National Code of
Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in
force at that time.
Note for this subregulation:
Regulation 338
applies if the chemical is being 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 in accordance with regulation 335 while the container
contains the hazardous chemical.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(2A)
Subregulation (2) does not apply to a container if the
container —
(a) was
supplied before 1 January 2017; and
(b) was,
at the time it was supplied, labelled in accordance with the National Code of
Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in
force at that time.
Note for this subregulation:
Regulation 338
applies if the chemical is being supplied to another workplace.
(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 for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(4) This regulation
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.