(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.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(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.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(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.