Western Australian Current Regulations Western Australian Current Regulations[r. 329, 334 and 335]
Division 1 — Correct classification
1 . Correct classification of a substance, mixture
or article
(1) A substance or
mixture (other than a research chemical, sample for analysis or waste product)
is correctly classified if a determination is made about whether the substance
or mixture can be classified into a hazard class under the GHS including a
mixture classification referred to in Schedule 6.
Note for this subclause:
The Schedule 6
Tables replace some tables in the GHS.
(2) A substance or
mixture that is a research chemical, sample for analysis or waste product is
correctly classified if, so far as is reasonably practicable having regard to
the known or suspected properties of the substance or mixture —
(a) a
determination is made about the identity of the substance or mixture; and
(b) a
determination is made about whether the substance or mixture can be classified
into a hazard class under the GHS.
(3) An article that
contains a substance or mixture that may be released during the use, handling
or storage of the article is correctly classified if the substance or mixture
is correctly classified.
2 . Correctly packing hazardous chemicals
(1) A hazardous
chemical is correctly packed if the chemical is packed in a container
that —
(a) is
in sound condition; and
(b) will
safely contain the chemical for the time the chemical is likely to be packed;
and
(c) is
made of material that is compatible with, and will not be adversely affected
by, the chemical; and
(d) does
not usually contain food or beverages and cannot be mistakenly identified as
containing food or beverages.
(2) Despite
subclause (1), a hazardous chemical supplied by a retailer to a person,
in a container provided by the person, is only correctly packed
if —
(a) for
a hazardous chemical with a classification that includes flammable gases or
gases under pressure — the container complies with the ADG Code;
and
(b) in
any other case — the container —
(i)
is clearly marked with the product identifier or chemical
identity; and
(ii)
complies with subclause (1)(a) to (d).
Division 3 — Correct labelling
Note for this Division:
More than 1 clause of
this Division may apply to a hazardous chemical depending on the nature of the
hazardous chemical, its container and other matters.
3 . Labelling hazardous chemicals: general
(1) A hazardous
chemical is correctly labelled if the chemical is packed in a container that
has a label in English including the following —
(a) the
product identifier;
(b) the
name, and the Australian address and business telephone number of —
(i)
the manufacturer; or
(ii)
the importer;
(c) for
each ingredient of the chemical — the identity and proportion
disclosed in accordance with Schedule 8;
(d) any
hazard pictogram consistent with the correct classification of the chemical;
(e) any
hazard statement, signal word and precautionary statement consistent with the
correct classification of the chemical;
(f) any
information about the hazards, first aid and emergency procedures relevant to
the chemical, not otherwise included in the hazard statement or precautionary
statement referred to in paragraph (e);
(g) if
the chemical has an expiry date — the expiry date.
(2) The label may
include any other information that does not contradict or cast doubt on the
matters referred to in subclause (1).
(3) This clause is
subject to clauses 4 to 10.
4 . Labelling hazardous chemicals: small container
(1) This clause
applies if a hazardous chemical is packed in a container that is too small for
a label attached to it to include all the information referred to in
clause 3(1).
(2) The hazardous
chemical is correctly labelled if the chemical is packed in a container that
has a label in English including the following —
(a) the
product identifier;
(b) the
name, and the Australian address and business telephone number of —
(i)
the manufacturer; or
(ii)
the importer;
(c) a
hazard pictogram or hazard statement consistent with the correct
classification of the chemical;
(d) any
other information referred to in clause 3(1) that it is reasonably
practicable to include.
5 . Labelling hazardous chemicals: research
chemicals or samples for analysis
(1) This clause
applies to a hazardous chemical that is a research chemical or sample for
analysis.
(2) The hazardous
chemical is correctly labelled if the chemical is packed in a container that
has a label in English including the following —
(a) the
product identifier;
(b) a
hazard pictogram or hazard statement consistent with the correct
classification of the chemical.
6 . Labelling hazardous chemicals: decanted or
transferred chemicals
(1) This clause
applies if —
(a) a
hazardous chemical is decanted or transferred from the container in which it
is packed; and
(b)
either —
(i)
will not be used immediately; or
(ii)
is supplied to someone else.
(2) The hazardous
chemical is correctly labelled if the chemical is packed in a container that
has a label in English including the following —
(a) the
product identifier;
(b) a
hazard pictogram or hazard statement consistent with the correct
classification of the chemical.
7 . Labelling hazardous chemicals: known hazards
(1) This clause
applies to a hazardous chemical if —
(a) the
chemical is not being supplied to another workplace; and
(b) the
hazards relating to the chemical are known to the workers involved in using,
handling or storing the chemical.
(2) The hazardous
chemical is correctly labelled if the chemical is packed in a container that
has a label in English including the following —
(a) the
product identifier;
(b) a
hazard pictogram or hazard statement consistent with the correct
classification of the chemical.
8 . Labelling hazardous chemicals: waste products
(1) This clause
applies to a waste product if it is reasonably likely that the waste product
is a hazardous chemical.
(2) The waste product
is correctly labelled if it is packed in a container that has a label in
English including the following for the hazardous chemical —
(a) the
product identifier;
(b) the
name, and the Australian address and business telephone number of —
(i)
the manufacturer; or
(ii)
the importer;
(c) a
hazard pictogram and hazard statement consistent with the correct
classification of the chemical.
9 . Labelling hazardous chemicals: explosives
(1) This clause
applies to a hazardous chemical that may be classified in the explosives
hazard class.
(2) The hazardous
chemical is correctly labelled if the chemical is packed in a container that
has a label in English that —
(a)
complies with the Australian Code for the Transport of Explosives by Road and
Rail; and
(b)
includes the following —
(i)
the proper shipping name and UN number;
(ii)
any hazard pictogram consistent with the correct
classification of the chemical in relation to health hazards;
(iii)
any hazard statement consistent with the correct
classification of the chemical in relation to health hazards;
(iv)
any precautionary statement consistent with the correct
classification of the chemical in relation to health hazards.
10 . Labelling hazardous chemicals: agricultural
and veterinary chemicals
(1) A hazardous
chemical that is an agricultural or veterinary chemical is correctly labelled
if —
(a) the
chemical is labelled in accordance with the requirements of the Australian
Pesticides and Veterinary Medicines Authority; and
(b) the
label is in English and includes the following —
(i)
any hazard statement consistent with the correct
classification of the chemical;
(ii)
any precautionary statement consistent with the correct
classification of the chemical.
(2) In this
clause —
agricultural or veterinary chemical means an
agricultural chemical product or veterinary chemical product under the
Agricultural and Veterinary Chemicals Code Act 1994 (Commonwealth).