38Clearing of decommissioned receptacles

38 Clearing of decommissioned receptacles

(1) An occupier of premises where a receptacle was used in connection with dangerous goods must ensure that the receptacle is cleared of dangerous goods in accordance with subregulation (2) if the receptacle—

(a) is no longer intended to be used in connection with dangerous goods; or

(b) is to be disposed of.

(2) For the purposes of subregulation (1), the occupier must ensure that—

(a) the receptacle is—

(i) thoroughly cleaned so that there is no discernible trace of the dangerous goods; or

(ii) subjected to a process in which its contents are neutralised, cured or chemically deactivated; and

(b) the atmosphere within the receptacle is cleared—

(i) if the gas or vapour in the atmosphere is listed in the Workplace Exposure Standards for Airborne Contaminants, published by Safe Work Australia on its Internet site, as amended from time to time—to ensure that the concentration (calculated as the time‑weighted average over 8 hours) of the gas or vapour in the atmosphere is less than the listed concentration for the gas or vapour; or

(ii) if the gas or vapour in the atmosphere is dangerous goods of UN Class 2.1, UN Class 3 or Subsidiary Hazard 3—to ensure that the concentration of those goods in the atmosphere is less than 5% of the lower explosive limit for the goods when sampled at ambient temperature; or

(iii) if the gas or vapour in the atmosphere is a gas or vapour to which both subparagraphs (i) and (ii) apply—to ensure that the requirements of subparagraphs (i) and (ii) are complied with.

(3) An occupier of premises is not subject to any further requirements under these Regulations with respect to a receptacle that has been cleared by the occupier in accordance with subregulation (2).