Western Australian Current Regulations

WORK HEALTH AND SAFETY ( GENERAL ) REGULATIONS 2022 - 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 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.