Div 2Duties of a manufacturer, and a supplier, of a hazardous substance

Division 2—Duties of a manufacturer, and a supplier, of a hazardous substance

Note: A person who imports a substance that the person has not manufactured is, if the manufacturer does not have a place of business in Australia at the time of the importation, taken to be the manufacturer of the substance for the purposes of this Schedule (see the definition of manufacturer in clause 3).

4  Safety Data Sheets—manufacturer’s duties

Offence—failure to prepare an SDS

 (1) A manufacturer of a hazardous substance that the manufacturer knows, or ought reasonably to know, will be used by employees or contractors at a workplace must ensure that a Safety Data Sheet (an SDS) for the substance is prepared:

 (a) before the substance is supplied to the operator of the workplace; and

 (b) in accordance with subclause (3).

Note: For hazardous substances that are in use but supplied before this subclause commences, see Part 6 of this instrument.

 (2) Strict liability applies to paragraph (1)(b).

 (3) For the purposes of paragraph (1)(b), an SDS must:

 (a) set out the name, and Australian address and telephone numbers (including an emergency number), of the manufacturer; and

 (b) for the hazardous substance to which it relates:

 (i) clearly identify the substance; and

 (ii) set out the substance’s recommended uses; and

 (iii) describe the substance’s chemical and physical properties; and

 (iv) set out the substance’s hazard statements and precautionary statements and any relevant health hazard information about the substance that is reasonably practicable for the manufacturer to provide; and

 (v) set out information concerning the precautions to be followed in relation to the substance’s safe use.

Offence—failure to supply an SDS

 (4) A manufacturer of a hazardous substance that the manufacturer knows, or ought reasonably to know, will be used by employees or contractors at a workplace must give a copy of the current SDS for the substance to a supplier who supplies the substance to the operator of the workplace:

 (a) before the substance is first supplied by the supplier to the operator; and

 (b) at any later time on request by the supplier.

Offence—failure to review an SDS

 (5) A manufacturer must:

 (a) review an SDS:

 (i) within 5 years after the SDS is first issued, and afterwards at intervals of not more than 5 years; and

 (ii) as often as is necessary to ensure that it contains current information and is accurate in all material respects; and