154Application of Subdivision

154 Application of Subdivision

(1) Subject to subregulation (3), this Subdivision applies to—

(a) substances that have been determined under regulation 143 or under equivalent legislation to be hazardous substances and are supplied to a workplace; and

(b) welding fumes, grain dust, wood dust, silica dust (including from grinding or cutting silica-containing materials) and lead dust (including from the hand sanding of lead paint) produced or generated at a workplace; and

(c) any other substance, in the circumstances (if any), determined by the Authority under regulation 6(1)(i).

An employer is not required to comply with Division 2 (Duties of manufacturers and suppliers) in relation to a hazardous substance produced or generated at the employer's workplace unless it is produced or generated through production of a substance for sale or exchange to another workplace. See regulation 141.

(2) Subject to subregulation (3), this Subdivision does not apply to lead metal, lead alloys or inorganic lead compounds (including lead salts of organic acids) in a prescribed lead process under Part 4.3 (Lead), at a workplace.

The use of organic lead compounds, including tetraethyl lead, is covered by this Part and not Part 4.3 (Lead).

Reg. 154(3) amended by S.R. No. 71/2018 reg. 6.

(3) Regulations 155 to 160 and 162—

(a) apply to lead metal, lead alloys or inorganic lead compounds (including lead salts of organic acids) in a prescribed lead process under Part 4.3 (Lead), at a workplace; and

(b) do not apply to the substances referred to in subregulation (1)(b).

(4) In this Subdivision, a reference to a risk associated with a hazardous substance at a workplace includes a risk associated with—

(a) any consequential product, waste or intermediate product generated at a workplace from a supplied hazardous substance; and

(b) any substance referred to in subregulation (1)(b) or (c).