Division 3—Duties of an operator in relation to the use of hazardous substances
8 Prohibition on uses of hazardous substances
Offence—use of hazardous substance in certain circumstances
(1) An operator must ensure that a hazardous substance is not used, at a workplace under the operator’s control, in any circumstance other than one of the following:
(a) bona fide research;
(b) handling for storage prior to removal or disposal of the hazardous substance;
(c) storage prior to removal or disposal of the hazardous substance;
(d) removal or disposal of the hazardous substance in accordance with:
(i) a law of a State or Territory relating to the removal of asbestos; or
(ii) if no such law applies—the Asbestos model code;
(e) disturbance of the hazardous substance where the substance is naturally occurring if the disturbance is incidental to operations not related to the extraction or processing of the substance, for example roadworks;
(f) use (without disturbance) of the hazardous substance in products that are in situ.
Defence—exemption
(2) Subclause (1) does not apply to an operator in relation to a hazardous substance if:
(a) the Authority grants, under subclause 23(1), an exemption to the operator in relation to the substance; and
(b) the exemption has not ceased; and
(c) if the exemption is subject to one or more conditions—the use of the substance is in accordance with the conditions.
Note: A defendant bears an evidential burden in relation to a matter in subclause (2) (see subsection 13.3(3) of the Criminal Code).
9 Use of Safety Data Sheets—offences
Note: The use of an SDS will allow assessment of the risks of hazardous substances and enable any necessary controls to be established.
Offence—failure to obtain an SDS
(1) An operator must obtain an SDS for a hazardous substance, from the supplier who supplies the substance to the operator, not later than the time at which the substance is first supplied to the operator.
Note: For hazardous substances that are in use but supplied before this subclause commences, see Part 6 of this instrument.
Offence—failure to make SDS readily accessible
(2) An operator must ensure that the SDS obtained for a hazardous substance is readily accessible to each of the employees and contractors who could be exposed to the substance.
Offence—alteration of SDS
(3) An operator must ensure that the information in each copy of an SDS under the operator’s control is not altered.
Defence—alteration for certain purposes
(4) Subclause (3) does not apply to the extent that the operator changes the appearance of an SDS only for one or more of the following purposes:
(a) to make the format of the SDS consistent with the format described in the Model Code of Practice: Preparation of safety data sheets for hazardous chemicals published by Safe Work Australia as it exists at the time this Schedule commences;
(b) to allow the SDS to be prepared for dissemination by electronic means;
(c) to allow the operator to attach to the SDS additional information that is marked clearly as not forming part of the information given by the supplier;
(d) to translate the SDS into a language other than the language in which the SDS was given to the operator.
Note 1: A defendant bears an evidential burden in relation to the matter mentioned in subclause (4) (see subsection 13.3(3) of the Criminal Code).
Note 2: For paragraph (a), the Model Code of Practice: Preparation of safety data sheets for hazardous chemicals could in 2026 be viewed on Safe Work Australia’s website (https://www.safeworkaustralia.gov.au).
10 Use of labels
Note: The purpose of labels is to ensure that the contents of a container used for hazardous substances can be readily identified by product name and to draw the attention of a person who is using the substance to any significant hazards involved.
Offence—hazardous substances not correctly labelled
(1) Subject to subclause (4), an operator must ensure that:
(a) each container that holds a hazardous substance used at a workplace under the operator’s control, including a container supplied to or produced at the workplace, is labelled; and
(b) the label either:
(i) is in accordance with paragraph 6(1)(b), unless subparagraph (ii) of this paragraph applies; or
(ii) if the container is a container into which a hazardous substance is decanted—sets out the substance’s product name and the substance’s hazard statements and precautionary statements; and
(c) a person does not remove, deface, modify or alter the label.
(2) Strict liability applies to subparagraph (1)(b)(i).
Offence—hazardous substance label removed
(3) Subject to subclause (4), an operator must ensure that a container that contains a hazardous substance is labelled until:
(a) the substance is removed from the container; and
(b) the container is cleaned to the extent that it no longer contains the hazardous substance.
Defence—label not required in certain circumstance
(4) Subclauses (1) and (3) do not apply in relation to a hazardous substance if:
(a) the hazardous substance is decanted into a container; and
(b) the hazardous substance is used up immediately after being decanted; and
(c) the operator ensures that the container is immediately cleaned to the extent that it no longer contains the hazardous substance.
Note: A defendant bears an evidential burden in relation to the matter in subclause (4) (see subsection 13.3(3) of the Criminal Code).
11 Register of hazardous substances
Note: A register provides, at a minimum, a listing of all hazardous substances used at a workplace and the SDS for each such substance. It may also include notations on the completion of assessments, assessment reports, details of instruction and training and monitoring results.
A register is a source of information and a tool to manage substances at a workplace.
Offence—register not kept and maintained
(1) An operator must ensure that a register is kept and maintained, at each workplace under the operator’s control, for hazardous substances that are used at the workplace.
Offence—register does not include certain information
(2) The operator must ensure that the register includes at least the following information:
(a) a list of all hazardous substances used at the workplace;
(b) a copy of the SDS obtained for each hazardous substance.
Offence—register is not readily accessible
(3) The operator must ensure that the register is readily accessible by all persons who could be exposed to a hazardous substance at the workplace.
12 Provision of information about enclosed hazardous substances
Offence—failure to disclose and identify hazardous substance
If a hazardous substance is contained in an enclosed system (including, for example, a pipe, a piping system, a process vessel or a reactor vessel), the operator that controls the enclosed system must ensure that:
(a) the existence of the hazardous substance is disclosed to all persons who could be exposed to the hazardous substance; and
(b) the hazardous substance is identified clearly to those persons.
13 Risk assessment for hazardous substances
Note: The purpose of a risk assessment for a hazardous substance is to enable decisions to be made about appropriate control measures, induction and training, atmospheric monitoring and health surveillance commensurate with the level of risk that arises from use of a hazardous substance at workplaces.
Offence—failure to undertake risk assessment
(1) An operator must ensure that:
(a) an assessment is made of the risks to health caused by work that involves potential exposure to a hazardous substance used at a workplace under the operator’s control; and
(b) the assessment is in accordance with subclauses (3), (4) and (5).
(2) Strict liability applies to paragraph (1)(b).
Requirements of risk assessment
(3) An assessment must be undertaken:
(a) before the introduction of a hazardous substance; and
(b) before introducing or changing a workplace or a work practice, or an activity or process, if the introduction or change may give rise to a risk to health.
Note: For hazardous substances that are in use but introduced before this subclause commences, see Part 6 of this instrument.
(4) An assessment must include:
(a) the identification of each hazardous substance that is used at work; and
(b) an examination of the SDS obtained for each hazardous substance; and
(c) if an SDS cannot reasonably be obtained for examination—an examination of information, equivalent to the information that is required to be included in an SDS:
(i) relating to any hazard to health relating to the hazardous substance; and
(ii) relating to the precautions to be followed in relation to the safe use of the hazardous substance; and
(d) the identification of any risk to health, arising from exposure to each hazardous substance that is identified, of which the operator knows or could reasonably be expected to know.
(5) The operator may undertake a generic risk assessment of risks to health only if:
(a) the risk assessment is carried out only in relation to work:
(i) that is performed using the hazardous substance; and
(ii) for which the risk factors are identical in all cases; and
(b) the risk assessment is designed to identify any differences in the nature of work performed using the hazardous substance that could result in a change to the risk factors associated with the performance of the work; and
(c) it is not practicable for the operator to undertake a separate risk assessment for each workplace at which the hazardous substance is used.
Offence—failure to note that there is no significant risk to health
(6) If a risk assessment indicates that there is no significant risk to health from the use of hazardous substances at work, the operator must ensure that the register kept and maintained for the purpose of subclause 11(1) is noted to indicate that the assessment has been completed.
Offence—failure to prepare report on significant risk to health
(7) If a risk assessment indicates that there is a significant risk to health from the use of any hazardous substance at work, the operator must ensure that a report on the assessment (an assessment report) is prepared.
Note: Assessment reports generally reflect the detail of the assessment, including setting out sufficient information to show why decisions about risks and precautions were made.
Offence—failure to review risk assessment
(8) An operator must review a risk assessment within 5 years after the assessment is first completed, and afterwards at intervals of not more than 5 years, to ensure that it is still valid.
Offence—failure to revise a risk assessment
(9) An operator must revise a risk assessment if:
(a) the operator knows, or ought reasonably to know, of evidence that the assessment is no longer valid; or
(b) there has been a significant change in the work to which the assessment relates.
Note: If a risk assessment is revised under this subclause, the assessment report for the risk assessment may also need to be revised for the operator to comply with subclause (7).
Offence—risk assessment not readily accessible
(10) An operator must ensure that an assessment report is readily accessible to each of the employees or contractors of the operator who could be exposed to a hazardous substance to which the report relates.
14 Risk control
Offence—employee or contractor exposed to hazardous substance
(1) An operator must ensure that no employee or contractor at work is exposed to an airborne concentration (measured over the length of time relevant to an exposure standard) of a hazardous substance, in the breathing zone of the employee or contractor, at a level that exceeds the exposure standard.
Offence—failure to prevent or minimise risk of exposure
(2) An operator must ensure, on the basis of a risk assessment carried out under clause 13, that exposure to a hazardous substance is:
(a) prevented; or
(b) if it is not reasonably practicable to prevent the exposure—adequately controlled in order to minimise the risks to health caused by the substance.
Offence—failure to take all reasonably practicable steps to prevent or control exposure (other than PPE)
(3) An operator must take all reasonably practicable steps to prevent or control exposure to a hazardous substance by measures other than the provision of personal protective equipment.
Offence—failure to provide PPE where risk of exposure cannot be prevented or adequately controlled in other reasonably practicable ways
(4) If measures undertaken in accordance with subclause (3) do not prevent, or provide adequate control of, exposure of an employee or a contractor to a hazardous substance, the operator must, in addition to taking the measures, make available to the employee or contractor suitable personal protective equipment that will adequately control the employee’s or contractor’s exposure to the hazardous substance.
Offence—failure to maintain engineering controls, safe work practices or PPE
(5) An operator must ensure that engineering controls, safe work practices and personal protective equipment that are used to prevent or control exposure to a hazardous substance are properly maintained and used.
15 Atmospheric monitoring
Note: Monitoring may be used to determine the effectiveness of control measures.
Offence—failure to undertake atmospheric monitoring when required
(1) If a risk assessment carried out under clause 13 indicates that atmospheric monitoring should be undertaken at a workplace, the operator who controls the workplace must undertake monitoring using procedures that are suitable for measuring exposure to the hazardous substance that is subject to monitoring.
Offence—failure to record results of atmospheric monitoring in register
(2) The operator must ensure that the results of the atmospheric monitoring are recorded in the register kept and maintained for the purpose of subclause 11(1).
Offence—failure to give or make readily accessible records of atmospheric monitoring
(3) The operator must ensure that:
(a) an employee or a contractor who has been, or could be, exposed to a hazardous substance that is subject to atmospheric monitoring is given the results of the monitoring; and
(b) the records of atmospheric monitoring are readily accessible to that employee or contractor at all reasonable times.
16 Health surveillance
Note: Health surveillance can assist in minimising the risk to health from hazardous substances by confirming that the absorbed dose is below the acceptable level, by indicating biological effects requiring reduction of exposure and by collecting data to evaluate the effects of exposure.
Offence—failure to provide health surveillance in accordance with risk assessment
(1) An operator must provide health surveillance to an employee or contractor who has been identified, in a risk assessment carried out under clause 13, as at risk of exposure to a hazardous substance if:
(a) there is a significant risk to the health of the employee or contractor from the hazardous substance; and
(b) subclause (2) of this clause applies.
(2) For the purposes of paragraph (1)(b), this subclause applies if:
(a) the operator knows, or ought reasonably to know, that:
(i) there is an identifiable disease or other effect on health that may occur as a result of the exposure; and
(ii) under the particular conditions of work there is a reasonable likelihood that the disease or other effect on health may occur as a result of the exposure; and
(iii) there are valid techniques for detecting an indication of the disease or other effect on health; or
(b) there is a valid biological monitoring procedure available and reasonable likelihood that accepted values may be exceeded.
(3) To avoid doubt, for the purposes of subclause (1), the prosecution bears the legal burden of proving the matter in paragraph (2)(a) or (b).
Offence—failures relating to conduct of health surveillance
(4) The operator must ensure that:
(a) the health surveillance is performed under the supervision of a legally qualified medical practitioner who is competent in the requisite testing or medical examinations for the substance; and
(b) the health surveillance includes the following procedures:
(i) collecting or recording of occupational and demographic data;
(ii) medical interview;
(iii) keeping records of personal exposure; and
(c) the operator consults the employee or contractor on the selection of a medical practitioner to supervise the health surveillance.
Offence—failure to notify or explain results of health surveillance
(5) If an employee or a contractor undergoes health surveillance, the operator must ensure that:
(a) the employee or contractor is notified of the results of the surveillance as soon as practicable; and
(b) the employee or contractor is given any necessary explanation of the results of the surveillance; and
(c) the Inspectorate is notified of any adverse result detected in the health surveillance that is consistent with exposure to the hazardous substance.
Offence—failure to respond to adverse results
(6) If an operator is advised by a medical practitioner of an adverse result detected in the health surveillance of an employee or a contractor that is consistent with exposure to a hazardous substance, the operator must, as soon as practicable:
(a) revise any assessment of the employee’s or contractor’s exposure to the substance; and
(b) take the steps that are necessary to comply with the requirements of this Schedule.
Offence—failure to keep records confidential
(7) An operator must ensure that:
(a) records obtained by the operator as a result of health surveillance are kept as confidential records; and
(b) the written consent of the employee or contractor is obtained before the records are given or shown to a person who is entitled to have access to the records other than the following:
(i) the operator;
(ii) the employee or contractor;
(iii) a person entitled to access the records under clause 20.
Health surveillance to be undertaken at the expense of the operator
(8) Health surveillance required by this clause must be undertaken at the expense of the operator.
17 Instruction and training
Offence—failure to provide instruction and training
An operator must ensure that:
(a) employees and contractors who are likely to be exposed to a hazardous substance, and anyone supervising the employees or contractors, are trained and provided with information and instruction in:
(i) the nature of the hazard associated with the substance, the process of risk assessment and the level of risk; and
(ii) the control procedures associated with the use of the substance; and
(iii) the need for, and proper use and maintenance of, measures to control risk; and
(iv) the use, fit, testing and storage of personal protective equipment, if personal protective equipment forms a part of the measures to control risk; and
(b) the instruction and training are commensurate with the level of risk to health, caused by the hazardous substance, that is assessed.
18 Exposure to hazardous substances
Offence—failure to notify of exposure to hazardous substance
(1) If it is likely that an employee or a contractor has been exposed to a hazardous substance, the operator must, as soon as practicable, notify the employee or contractor of that exposure.
Offence—failure to provide employee with statement of exposure on termination
(2) Subclause (3) applies to an employee if it is likely that the employee has been, in the course of the employee’s employment, exposed to one or more hazardous substances in, or in connection with, any circumstance other than the following:
(a) removal or disposal of the hazardous substance in accordance with:
(i) a law of a State or Territory relating to the removal of asbestos; or
(ii) if no such law applies—the Code of Practice: How to safely remove asbestos published by Safe Work Australia, as it exists at the time this Schedule commences;
(b) disturbance of the hazardous substance where naturally occurring if the disturbance is incidental to operations not related to the extraction or processing of the hazardous substance, (for example, roadworks);
(c) use (without disturbance) of the hazardous substance in products that are in situ.
Note: For subparagraph (a)(ii), the Code of Practice: How to safely remove asbestos published by Safe Work Australia could in 2026 be viewed on Safe Work Australia’s website (https://www.safeworkaustralia.gov.au).
(3) On the termination of an employee’s employment, the operator must provide the employee with a written statement that includes the following information:
(a) the name of each hazardous substance to which the employee was, or was likely to have been, exposed;
(b) the period of known exposure to the substance;
(c) the period of likely exposure to the substance;
(d) a copy of any relevant assessment report prepared under clause 13;
(e) details of how and where the employee can obtain any other relevant records;
(f) the advisability of having periodic health assessments and the types of tests that are relevant.
19 Record keeping
Offence—failure to keep records of atmospheric monitoring or health surveillance
(1) If an assessment report prepared under clause 13 (other than a report to which subclause (3) of this clause applies) indicates a need for, or contains the results of, atmospheric monitoring or health surveillance, the operator to whom the report relates must keep the report, as a record:
(b) for at least 30 years from the date of the last entry in the report.
Offence—failure to keep report that atmospheric monitoring or health surveillance not required
(2) If an assessment report prepared under clause 13 (other than a report to which subclause (3) of this clause applies) does not indicate a need for atmospheric monitoring or health surveillance, the operator to whom the report relates must keep the report, as a record:
(b) for at least 5 years from the date of the last entry in the report.
Offence—failure to keep record of exposures to hazardous substances
(3) If an assessment report prepared under clause 13 identifies an employee or a contractor as likely to be exposed, in the course of the employee’s employment or of the contractor’s work at the workplace, to a hazardous substance in, or in connection with, a circumstance other than a circumstance mentioned in subclause 18(2), the operator to whom the report relates must:
(a) keep a record of the full name, date of birth and address of the employee or contractor; and
(b) keep the report, as a record:
(i) in a suitable form; and
(ii) for at least 30 years from the date of the last entry in the report.
Offence—failure to keep record of instruction and training details
(4) An operator must keep, as a record, a document that includes details of instruction and training given by the operator to an employee or a contractor for the purposes of this Schedule:
(b) for at least 5 years from the date of the last entry in the document.
Offence—failure to give records to the Authority before ceasing Australian operations
(5) If an operator that keeps a record referred to in subclause (1), (2) or (3) ceases operation in Australia before the end of the minimum period for which the record must be kept, the operator must give the record to the Authority.
Offences in this clause are of strict liability
(6) An offence against subclause (1), (2), (3), (4) or (5) is an offence of strict liability.
Definition of suitable form
(7) In this clause:
suitable form means:
(a) a legible form in the English language; or
(b) a form that is readily accessible and convertible into a legible form in the English language.
20 Records to be accessible
Offence—records not readily accessible to certain organisations
An operator must ensure that all records, relating to hazardous substances, that are kept by the operator under this Schedule are readily accessible by the following:
(a) an emergency service;
(b) the Inspectorate;
(c) an inspector acting in the course of the inspector’s duties.