(1) A person conducting a business or undertaking at a workplace must ensure that:
(a) a register of hazardous chemicals used, handled or stored at the workplace is prepared and kept at the workplace; and
(b) the register is maintained to ensure the information in the register is up-to-date.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) The register must include:
(a) a list of hazardous chemicals used, handled or stored; and
(b) the current safety data sheet for each hazardous chemical listed.
(3) The person must ensure that the register is readily accessible to:
(a) a worker involved in using, handling or storing a hazardous chemical; and
(b) anyone else who is likely to be affected by a hazardous chemical at the workplace.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(4) This regulation does not apply to a hazardous chemical if:
(a) the hazardous chemical is in transit, unless there is a significant or frequent presence of the hazardous chemical in transit at the workplace; or
(b) the hazardous chemical is a consumer product and the person is not required to obtain a safety data sheet for the hazardous chemical under regulation 344.
Note for subregulation (4)(b)
Note for Subdivision 2
Regulation 361 requires an emergency plan to be prepared if the quantity of hazardous chemicals used, handled or stored at a workplace exceeds the manifest quantity for that hazardous chemical.