Northern Territory Numbered Regulations

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 354

Identification of risk of physical or chemical reaction

    (1)     A person conducting a business or undertaking at a workplace must identify any risk of a physical or chemical reaction in relation to a hazardous chemical used, handled, generated or stored at a workplace.

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)     Subregulation (1) does not apply if the hazardous chemical undergoes the physical or chemical reaction in a manufacturing process or as part of a deliberate process or activity at the workplace.

    (3)     A person conducting a business or undertaking at a workplace must take all reasonable steps to ensure that a hazardous chemical is used, handled, generated or stored so as not to contaminate food, food packaging or personal use products.

Maximum penalty:

(a)     in the case of an individual – $6 000.

(b)     in the case of a body corporate – $30 000.

Note for subregulation (3)

Strict liability applies to each physical element of this offence. See section 12B of the Act.

Examples for subregulation (3)

Personal use products:

1     cosmetics

2     face washer.

    (4)     Subregulation (3) does not apply to the use of a hazardous chemical for agricultural purposes when used in accordance with Agricultural and Veterinary Chemicals (Northern Territory) Act .



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