12Compliance with Occupational Health and Safety Regulations

12 Compliance with Occupational Health and Safety Regulations

(1) If any provision in Divisions 3 to 9 of Part 4 requires an occupier to control risk associated with dangerous goods that are also hazardous substances, it is sufficient for the purposes of compliance with that provision for the occupier, if the occupier is also an employer, to comply with the corresponding requirements of Part 4.1 (Hazardous substances) of the Occupational Health and Safety Regulations 2017.

(2) Subregulation (1)—

(a) applies only to the extent that the provision in Divisions 3 to 9 of Part 4 requires the occupier to control risk arising from exposure to dangerous goods that are hazardous substances; and

(b) does not limit the occupier's duties under that provision to control the risk associated with—

(i) an explosion, fire or harmful reaction or the evolution of flammable, corrosive or toxic vapours involving dangerous goods; or

(ii) the escape, spillage or leakage of dangerous goods.

Part 3—Duties of manufacturers and suppliers

Division 1—Determination of dangerous goods

13 Determination of dangerous goods

(1) A manufacturer or first supplier of goods, who suspects or has reasonable grounds for suspecting that the goods are dangerous goods, must determine whether or not the goods are dangerous goods as soon as possible or, in any event—

(a) in the case of a manufacturer, before handling the goods; or

As defined in regulation 5, handling goods includes manufacturing the goods.

(b) in the case of a first supplier, before supplying the goods to any person.

(2) In determining whether goods are dangerous goods, if a manufacturer or first supplier suspects, or has reasonable grounds for suspecting, that the goods may be—

Reg. 13(2)(a) amended by S.R. No. 103/2023 reg. 16(1).

(a) dangerous goods of a particular UN Class, the manufacturer or first supplier must have regard to whether the Dangerous Goods (Transport by Road or Rail) Regulations 2018 apply in relation to the goods; or

Note to reg. 13(2)(a) inserted by S.R. No. 103/2023 reg. 16(2).

See regulation 22A of the Dangerous Goods (Transport by Road or Rail) Regulations 2018.

(b) C1 combustible liquids, the manufacturer or first supplier must act in accordance with AS 1940:2017; or

See regulation 5 for the definition of C1 combustible liquid.

(c) goods too dangerous to be transported, the manufacturer or first supplier must have regard to regulation 39 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018.