Work Health and Safety (Managing Risks of Hazardous Chemicals in the Workplace) Code of Practice 2015

The Code’s centrepieces are hazard identification, risk management using the hierarchy of controls, documentation and notification systems (registers and manifests), and governance measures such as consultation, training and health monitoring. These concepts are both descriptive (what hazards are) and prescriptive (how to manage them).

Hazardous chemical: The Code follows the WHS Regulations’ adoption of the GHS criteria to define “hazardous chemical” (1.1; Appendix A). It also lists specific GHS categories excluded from the definition under the Regulations (Appendix A(a)-(j)). The Code cross-references ADG Code dangerous goods classifications, showing how ADG classes map to GHS classes (Appendix B), and notes that many dangerous goods are hazardous chemicals but some dangerous goods classes (e.g. most class 9, class 7 radioactives and division 6.2 infectious substances) may fall outside the WHS hazardous‑chemical definition (1.1).

Two hazard types: The Code separates health hazards (toxicological, chronic and acute effects; routes of entry) and physicochemical hazards (flammability, explosives, oxidisers and reactivity). Many substances have both kinds of hazard and the Code sets out distinct assessment considerations for each (1.1; 3.3; 3.4).

Risk management framework: PCBUs must identify reasonably foreseeable hazards, eliminate risks so far as is reasonably practicable, and if elimination is not practicable, minimise risk by implementing controls in accordance with the hierarchy of control (Regulation 32-38 summarised at 1.3; 4.1). The hierarchy ranks elimination, substitution, isolation and engineering controls above administrative controls and personal protective equipment (PPE), which are last‑resort measures (4.1; Regulation 44 on PPE).

Registers, manifests and placarding: There is a statutory obligation to keep a register of hazardous chemicals (Reg 346 summarised at 1.6). Where quantities of certain Schedule 11 hazardous chemicals exceed prescribed thresholds, PCBUs must prepare a manifest (Reg 347) and, where thresholds are met, display placards or other signage (Appendix D reproduces placard and manifest quantities). The manifest is specifically intended to assist emergency services; it must meet Schedule 12 requirements.

SDSs and labelling: Manufacturer/importer obligations to prepare SDSs before first supply (Reg 330) and supplier duties to provide SDSs at first supply (Reg 339) are restated. PCBUs must obtain SDSs no later than when the chemical is first supplied or as soon as practicable but before use (Reg 344). Labelling duties for manufacturers, importers, suppliers and PCBUs are set out (Reg 335, 338 and 341-343) and the Code outlines what label elements communicate (2.2-2.3).

Exposure standards and monitoring: Regulation 49 requires PCBUs to ensure airborne concentrations do not exceed relevant exposure standards (1.5), and the Code explains monitoring approaches, record retention (air monitoring records must be kept for a minimum of 30 years where exposure standards apply) and when biological monitoring or health monitoring triggers apply (5.1; Appendix E).

Emergency planning and preparedness: PCBUs must prepare emergency plans (Reg 43) and, where Schedule 11 manifest quantities are exceeded, provide the plan to the emergency services organisation (Reg 361). The Code specifies content for plans, testing and consultation with emergency services and neighbours (6.1).

Health monitoring: Reg 368 requires health monitoring where specified in Schedule 14 or where significant risk exists and valid monitoring techniques are available (5.1; Appendix E reproduces Schedule 14 items and required tests). The Code sets out the PCBU’s obligations to pay for monitoring, consult on selection of medical practitioners, obtain reports and keep confidential records (5.1).

Consultation and shared duties: The Code reiterates the WHS Act consultation duties (s 46-48) , consult, cooperate and coordinate with other duty holders and consult with affected workers and health and safety representatives (1.3).

Technical standards and cross‑references: The Code repeatedly points to Australian Standards and other technical guidance for specialised areas (ventilation, storage, explosive atmospheres, etc.), and it expressly states that following other technical or industry standards that provide an equivalent or higher standard is an acceptable path to compliance (Foreword).

Primary duty holder: The PCBU (person conducting a business or undertaking) is the central actor who carries the primary duty of care to ensure, so far as reasonably practicable, the health and safety of workers and others from risks associated with hazardous chemicals (1.2; Reg 351 referenced in 1.3). The Code’s obligations attach operationally to PCBUs who use, handle, store or generate hazardous chemicals at a workplace; this covers employers, business owners and operators.

Designer/manufacturer/importer/supplier: Designers, manufacturers, importers and suppliers of chemicals have separate duties under the WHS Regulations and are repeatedly addressed in the Code. They must, so far as reasonably practicable, ensure their substances are without risks to health and safety, correctly classified, labelled and (for manufacturers/importers) have SDSs prepared (2.1; 2.2; 2.3). The Code points to separate Codes for SDS preparation and labelling that manufacturers and suppliers must follow.

Officers: The Code notes that officers (for example, company directors) have a duty to exercise due diligence to ensure the business has appropriate resources and processes to eliminate or minimise the risks from hazardous chemicals (1.2). While the Code does not reproduce the statutory officer duties in full, it places them within the governance framework for hazardous chemicals.

Workers: Workers have statutory duties to take reasonable care for their own health and safety, not adversely affect others, comply with reasonable instructions and cooperate with PCBUs’ procedures (1.2; references to s 47-48 consultation). The Code explicitly requires workers be consulted, trained and supervised where necessary (Reg 39; Reg 379; 4.4).

Health and safety representatives and emergency services: Health and safety representatives must be involved in consultation and can request reviews of control measures (1.3; 5.2). Emergency services authorities are intended recipients of manifests and emergency plans where manifest quantities are exceeded (1.6; 6.1; Reg 361).

Other duty holders and contractors: The Code addresses shared and overlapping duties: PCBUs must consult, cooperate and coordinate with other persons who have WHS duties in relation to the same matter (s 46 referenced at 1.3). It uses examples such as contractors who bring their own chemicals (1.3) and neighbouring premises whose chemicals may create off‑site risks (3.4).

Suppliers of technical services: The Code anticipates reliance on competent third parties for specialist tasks , e.g. occupational hygienists for air monitoring, engineers for ventilation or fire systems and health practitioners for health monitoring (3.1; 4.1; 5.1). It points to circumstances where external assistance is expected.

Who pays and who decides: Economically, the Code places the primary financial and operational burden on PCBUs. PCBUs must fund SDS acquisition, training, engineering controls, maintenance and health monitoring (5.1). Manufacturers/importers pay for preparing SDSs and correct classification at the point of supply (2.2). Emergency services may require access to plans and manifests, and PCBUs must provide them when thresholds are reached (Reg 361).

Activities and workplaces caught: The Code applies to workplaces where hazardous chemicals are used, handled, generated or stored, including chemicals generated by work processes (e.g. welding fumes) (Scope and application). It excludes transport (which is governed by ADG Code‑based laws) but otherwise covers industrial, commercial, institutional and other workplaces where the WHS Regulations apply.

Statutory backbone: The Code is guidance for the WHS Act and Regulations. The principal duty it explains is the PCBU’s duty to manage risks associated with hazardous chemicals at the workplace (Reg 351 as summarised at 1.3). The Code sets out concrete duties and rights drawn from, or explained in, the Regulations and Act.

Identify and manage risks: A PCBU must identify reasonably foreseeable hazards (labels, SDSs, plant, processes and generated substances), eliminate risks so far as reasonably practicable, or if not practicable, minimise them via the hierarchy of controls and maintain and review control measures (Reg 32-38 summarised at 1.3). The Code provides practical steps for each stage , identification (Chapter 2), assessment (Chapter 3), control (Chapter 4) and review and monitoring (Chapter 5).

Registers and manifests: Reg 346 obliges PCBUs to prepare and keep a register of hazardous chemicals that is readily accessible to workers and likely‑affected persons; the register must be accompanied by current SDSs (not more than five years old) (1.6). Reg 347 requires a manifest where Schedule 11 chemicals exceed manifest quantities; the manifest is a detailed emergency‑services‑oriented inventory and must comply with Schedule 12.

SDS and labelling obligations: Manufacturers/importers must prepare an SDS before first manufacturing or importing (Reg 330) and provide SDS on request. Suppliers must provide SDS on first supply and when amended (Reg 339). PCBUs must obtain SDS no later than when the chemical is first supplied or as soon as practicable before use (Reg 344). Manufacturers/importers must ensure correct labelling (Reg 335); suppliers must not supply incorrectly labelled chemicals (Reg 338); PCBUs must label containers and pipework (Reg 341-343) (2.2-2.3).

Exposure standards and monitoring: Under Reg 49, PCBUs must ensure exposures do not exceed exposure standards. The Code explains types of exposure standards, the need for air monitoring to determine compliance, the role of biological monitoring and that air-monitoring records must be kept for a minimum of 30 years where monitoring is for contaminants with exposure standards (1.5; 3.3).

Health monitoring: Reg 368 requires PCBUs to provide health monitoring where ongoing work involves Schedule 14 chemicals and significant risk exists, or where valid monitoring techniques are available and uncertainty exists about whether biological exposure standards have been exceeded (5.1 and Appendix E). PCBUs must pay expenses, consult on selection of the registered medical practitioner, obtain reports and keep them confidential for at least 30 years (40 years for asbestos).

Maintenance and systems integrity: Reg 37 requires PCBUs to ensure control measures remain effective and Reg 363 requires systems used for hazardous chemicals to be operated, tested, maintained and decommissioned with regard to safety (4.3). The Code lists preventative maintenance tasks and frequency guidance tied to manufacturer or competent person advice.

Emergency planning and equipment: Reg 43 requires an emergency plan; Reg 361 requires provision of the plan to emergency services if manifest quantities are exceeded and revision in response to emergency services’ recommendations (6.1). Regs 359-362 require appropriate fire protection, emergency equipment and their maintenance (6.2-6.3).

Consultation and worker rights: The Code reiterates the WHS Act consultation duties (s 46-48) and requires consultation with workers and health and safety representatives in risk management, selection of medical practitioners and when reviewing controls (1.3; 5.2).

PPE obligations: Reg 44 requires PCBUs to select PPE that is suitable, maintained and used; Reg 46 imposes a duty on workers to wear PPE as reasonably instructed (4.1). The Code emphasises PPE as the least effective control and suitable only where higher‑order controls are not practicable.

Prohibitions and restrictions: The WHS Regulations prohibit or restrict certain hazardous chemicals; the Code reproduces the lists (Appendix C) and explains the concentration thresholds and restricted uses (1.4).

Evidential and enforcement rights: The Code states following it will usually achieve compliance and that it is admissible in court proceedings, with courts able to use it as evidence about what is known and what is reasonably practicable (Foreword). Inspectors may refer to the Code when issuing notices. These features shape how the duties above will be interpreted by regulators and courts.

The Code itself does not prescribe criminal penalties; rather it is an approved code of practice intended to guide compliance with the WHS Act and WHS Regulations. The Code states that it is admissible in court proceedings and that courts may regard it as evidence of what is known about a hazard, risk or control and rely on it in determining what is reasonably practicable (Foreword). Inspectors may refer to the Code when issuing improvement or prohibition notices (Foreword). Those are the principal enforcement connections in the instrument.

Operational enforcement mechanisms and consequences identified or implied in the Code are therefore:

• evidentiary weight in courts: the Code can be used to show the state of knowledge and accepted control measures. A court determining whether a PCBU has met its duty “so far as is reasonably practicable” may consider the Code as authoritative guidance (Foreword);
• inspector use in enforcement action: inspectors may use the Code to justify improvement or prohibition notices; the Code sets out recommended measures which inspectors can expect to see implemented at workplaces (Foreword);
• regulatory triggers that engage heightened oversight: where manifest quantities are exceeded, the duty to provide an emergency plan to the emergency services organisation is mandatory (Reg 361); the regulator can impose conditions or approvals for restricted chemicals (1.4);
• procedural requirements whose non‑observance is relevant to enforcement: failure to prepare and maintain registers (Reg 346), manifests (Reg 347), to obtain SDS (Reg 344), to control exposures below exposure standards (Reg 49), to provide health monitoring when required (Reg 368) or to maintain control measures (Reg 37) will be facts a regulator or court will consider when assessing compliance.

The Code points to multiple recordkeeping and notification obligations relevant to enforcement:

• SDS provision and retention obligations (Reg 330, 339, 344);
• air monitoring records retention for contaminants with exposure standards (minimum 30 years) (3.3);
• health monitoring reports: the PCBU must obtain the report, provide a copy to the worker and the regulator if adverse test results/recommendations arise, and keep confidential records for at least 30 years (40 years for asbestos) (5.1).

The Code refers to other instruments (Australian Standards, ADG Code) whose non‑compliance can also be invoked by regulators. For example, fire protection and storage of flammable liquids should be consistent with AS 1940; hazardous‑area classification should follow AS/NZS 60079 series. Inspectors and courts may reference such standards alongside the Code.

Implementation risk for enforcement lies in interpretation of “so far as is reasonably practicable.” The Code provides practical context for that phrase but does not remove discretion. Because the Code is stated to be a practical guide rather than exhaustive, a regulator or court retains latitude to consider alternate measures where a PCBU can demonstrate equivalence or superiority (Foreword).

Finally, where the Code identifies mandatory regulatory obligations (e.g. Reg 351, 346, 347, 49, 368), failure to meet the underlying regulation (not the Code) can attract statutory penalties under the WHS Act and Regulations; the Code can be used by regulators to establish expected standards. The Code itself does not list penalty amounts or specific enforcement processes beyond noting admissibility and inspector reliance (Foreword).

The Code is expressly drafted as interpretative and practical guidance for the WHS Act and WHS Regulations. It also situates hazardous chemicals within adjacent regulatory regimes and technical standards and explains where cross‑compliance and divergence occur.

Transport law: The Code excludes transportation of dangerous goods from its scope and directs readers to State and Territory laws based on the Australian Code for the Transport of Dangerous Goods by Road and Rail (ADG Code) (Scope and application). Appendix B provides a mapping between ADG classes and GHS hazard classes to help PCBUs reconcile transport and workplace classifications where both regimes touch the same material (Appendix B).

WHS Act & Regulations: The Code repeatedly cites Regulations and Act sections that place duties on PCBUs, manufacturers, importers, suppliers, officers and workers (e.g. Regs 32-38, 49, 346-347, 330, 339, 344, 351, 355-357, 363, 368). It does not substitute for those legal texts but functions as applied guidance about how to comply with them. The Foreword explicitly states that following another method, such as an industry or technical standard, is acceptable if it provides an equivalent or higher standard (Foreword).

Australian Standards and technical instruments: The Code references numerous Australian Standards (AS 1940, AS/NZS 60079.10.1/10.2, AS 1020, AS 4332, AS/NZS 1596, AS 2714, AS 3780, AS/NZS 3833, AS 4976 and others) for design, construction, ventilation, storage, fire systems and testing. The Code recommends that certain engineering systems be designed in accordance with appropriate technical standards and installed by competent persons (e.g. ventilation, bunding, tank design, gas cylinders). Where a standard is cited, the Code treats it as the source of detailed technical requirements (4.1; 4.2; 4.3; Appendices).

Environmental and building law: The Code flags that environmental laws and local building codes may determine where exhausts may be discharged, or water run‑off and firewater containment needs must be met (4.1; 6.3). For example, exhaust discharge should comply with local building or environment protection requirements (4.1).

Confined‑spaces and other specific WHS Codes: The Code cross‑references other approved WHS Codes where relevant, for example Confined Spaces, Asbestos Codes, Labelling of Workplace Hazardous Chemicals and Preparation of SDSs. It points out that where processes generate hazardous chemicals in confined spaces (e.g. cleaning degreasers), separate confined‑space duties apply (2.1; 6.1; selected case studies).

Public health and scheduling regimes: The Code notes the Standard for the Uniform Scheduling of Medicines and Poisons and NICNAS as useful sources of information and that relevant regulatory lists (Schedule 10 prohibitions and restrictions reproduced in Appendix C) impose substantive restrictions on certain carcinogens and hazardous chemicals under the Regulations. Compliance with those schedules is required under the WHS Regulations and may intersect with other statutory regimes governing poisons, pesticides or therapeutics (2.4; Appendix C).

Emergency services and land‑use planning: Where manifest quantities are exceeded, PCBUs must provide emergency plans to the primary emergency services organisation and revise plans in response to their recommendations (Reg 361; 6.1). The Code recommends consultation with emergency services for fire protection system design and testing, which means emergency services’ operational requirements can influence plant and site design.

Labour and privacy law: The Code requires consultation with workers and HSRs (s 46-48) and places confidentiality obligations on PCBUs regarding health monitoring reports (5.1). Thus, fair process and privacy protections must be observed in health surveillance arrangements; the Code requires worker consent for disclosure except where the WHS Regulations compel disclosure (5.1).

Interaction principle: The Code repeatedly expresses the principle that compliance can be achieved by following the Code or an alternative method that provides an equivalent or higher standard. That keeps open the possibility of complying through different technical instruments, provided PCBUs can demonstrate equivalence, and signals to regulators and courts that the Code is a benchmark rather than the sole pathway (Foreword).

What the instrument records about its creation and timing is confined to its approval and commencement and the context of its development by Safe Work Australia. The Code was approved on 17 December 2015 by the Minister for Employment (signature appears on the instrument) and commences the day after registration on the Federal Register of Legislative Instruments (instrument, sections 1-3). The Foreword records that the Code was developed by Safe Work Australia as a model code of practice under the Council of Australian Governments’ Inter‑Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety for adoption by Commonwealth, state and territory governments.

The Code documents the policy context of the GHS transition: the WHS Regulations implement a GHS‑based classification, labelling and SDS system and the Code notes there was a five‑year transition period from 1 January 2012 until 31 December 2016 (Scope and application). That temporal detail is relevant to classification and labelling obligations and to PCBUs monitoring when and how GHS replaced previous criteria.

The Code reproduces Schedules (or parts of Schedules) and appended tables (Appendices C, D and E) that reflect provisions of the WHS Regulations such as Schedule 10 (prohibited/restricted carcinogens), Schedule 11 (placard and manifest quantities), Schedule 12 (manifest requirements) and Schedule 14 (health monitoring). Any amendments to those WHS Regulations or Schedules would change the underlying legal obligations; the Code itself does not attempt to compile an amendment history of those Schedules.

The instrument does not contain a legislative amendment history table; it is a 2015 approved code intended for adoption. The Code directs users to other Codes and Standards which themselves have amendment histories (for example AS standards). Users must therefore check the current WHS Regulations, Schedules and Australian Standards for any subsequent amendments beyond the Code’s publication. The Code’s Foreword explicitly allows that compliance may be achieved by following another method where it provides an equivalent or higher standard, which leaves room for industry uptake of updated technical standards after the Code’s approval.

The Code itself contains no record of judicial decisions. It explicitly notes that codes of practice are admissible in court proceedings under the WHS Act and Regulations and that courts may regard a code as evidence of what is known about a hazard, risk or control and may rely on the code in determining what is “reasonably practicable” in the circumstances (Foreword). It further states an inspector may refer to an approved code when issuing an improvement or prohibition notice.

Because the Code provides a stated benchmark for “practicable” control measures and for what is known about hazards and control options, it will be relevant evidence in regulatory prosecutions or civil actions involving hazardous chemicals. The Code’s structure , enumerating duties and practical steps, reproducing Schedules and cross‑referencing Australian Standards , means that, where a PCBU follows the Code, that fact “in most cases” will be taken to indicate compliance with the WHS Act and Regulations (Foreword). Conversely, failure to follow the Code will not, by itself, prove non‑compliance; a court may accept equivalent measures. The Code therefore frames litigation and enforcement as a comparison between measures taken and those described in the Code or available through other technical standards.

No specific litigation examples, authorities or judicial interpretations are included in the document. Users wishing to understand how courts have treated this specific Code or similar Codes will need to review subsequent case law or regulator determinations; the Code does not attempt to catalogue judicial reliance or differing judicial approaches. Practitioners should note that the Code’s evidentiary status makes it a likely exhibit in any contested prosecution under the WHS Act dealing with hazardous chemicals.

The Code contains many implementation details that produce practical traps for PCBUs who assume simple compliance. The following are concrete operational pitfalls or “gotchas” grounded in the text.

Register versus manifest: The register (Reg 346) and the manifest (Reg 347) are different instruments with different triggers and purposes. Registers must list product names and be accompanied by current SDSs and be readily accessible to workers. Manifests are required only when Schedule 11 quantities are exceeded and contain more detailed information for emergency services (site plans, quantities, classifications). Treating one as a substitute for the other is an error.

SDS currency and access: The register must be accompanied by SDSs that are “current” , the Code specifies an SDS not more than five years old in the register obligation (1.6). Manufacturers/importers must review SDS information at least once every five years (2.1). PCBUs must obtain SDS no later than when the chemical is first supplied or as soon as practicable before use (Reg 344). Electronic SDS databases are permitted only where readily available, with backup hard copies where necessary (2.2).

Definition exclusions: Not all ADG dangerous goods are “hazardous chemicals” for WHS purposes. Appendix A lists GHS categories excluded from the WHS Regulations’ definition of hazardous chemical (for example some lower acute toxicity categories, some environmental hazards, some flammable gas categories). Practitioners must check the specific classification and not assume dangerous‑goods status equals hazardous‑chemical status.

Prohibited/restricted concentration thresholds: Prohibitions and restrictions set out in Appendix C apply to pure substances and where substances are present in a mixture at concentrations greater than specified thresholds (often 0.1% or 1%). For example, the prohibition/restriction for certain carcinogens applies where the substance is present in a mixture above 0.1% unless otherwise specified (Appendix C). Misreading the threshold can lead to misclassification of duties.

Health monitoring triggers and obligations: Health monitoring is mandatory in circumstances set out in Schedule 14 (Appendix E) or where significant risk exists and valid monitoring techniques are available (Reg 368). PCBU financial and confidentiality obligations are specific and onerous: the PCBU must pay all expenses, consult on selection of the registered medical practitioner, obtain reports promptly, provide copies to workers and the regulator where adverse results arise, and keep reports for at least 30 years (5.1). Underestimating these obligations is a common oversight.

Record retention durations: Air monitoring records for contaminants with exposure standards must be kept for at least 30 years (3.3). Health monitoring records are also long‑lived (30 years; 40 years for asbestos) (5.1). These retention periods impose significant administrative costs and require records‑management systems.

Relying on odour: The Code cautions repeatedly that odour is an unreliable detection method , some hazardous chemicals are odourless and some odours overload receptors at dangerous concentrations (3.3). Relying on smell for safety is specifically discouraged.

Decanting and labelling: Containers into which hazardous substances are decanted in the workplace must be labelled; unknown contents must be clearly marked and isolated (2.3). Decanting without labelling is a frequent operational failure.

PPE as last resort: The Code underscores that PPE should only be used where higher controls are not practicable. Over‑reliance on PPE, or failure to maintain PPE and fit it properly, is highlighted as a common problem (4.1; 4.3). Reg 44 sets specific selection and maintenance duties for PCBUs.

Spill containment complexity: Reg 357 requires a spill containment system proportionate to the potential spill size and compatible with chemicals present. Designing bunding and drainage that avoids mixing incompatible materials, prevents contaminated firewater reaching drains and meets AS standards can be complex and costly (4.2; 6.1).

Hazardous area classification and electrical equipment: Determining hazardous areas and using intrinsically safe equipment requires specialist assessment (4.2). Inadequate classification of explosive atmospheres or use of non‑intrinsically safe equipment is a frequent cause of incidents.

Transition and equivalence: The Code allows that compliance can be achieved by following other technical standards that provide an equivalent or higher standard (Foreword). But where PCBUs adopt alternative standards, they must be able to demonstrate equivalence to regulators and courts; mere assertion of equivalence without documentation may not be persuasive.

Emergency plan obligations tied to manifest thresholds: PCBUs may not realise that an emergency plan must be provided to the emergency services organisation if manifest quantities are exceeded (Reg 361). That triggers consultation and potential plan revision in response to emergency services’ recommendations.

Costs of maintaining systems and testing: The Code requires preventative maintenance and integrity testing and suggests annual inspections if manufacturer guidance is unavailable (4.3). Items such as cylinder testing (AS 2030.1), ventilation system design and maintenance, fire protection systems, and bunding to AS 1940 are not optional for many setups and present significant capital and ongoing costs.

This section maps the Code’s guidance to practical compliance steps, identifying who should act, what documentation to prepare, technical measures and review points. Each step is anchored to the Code’s specified Regulations or Appendices.

1. Determine whether the material is a hazardous chemical and identify hazards

   • Read the label and the SDS for every substance, mixture or article used, handled, stored or generated in the workplace (2.1; 2.2).
   • Where no SDS exists (e.g. generated fumes), investigate the process and consult manufacturers or databases such as HSIS (2.1; 2.4).
   • If in doubt, manufacturers/importers are required to classify the chemical under Schedule 6/GHS (2.1).

2. Prepare and maintain documentation

   • Prepare a register of hazardous chemicals that lists product names and is accompanied by current SDSs (Reg 346; 1.6). Ensure SDSs are current (the Code notes SDSs should be reviewed at least every five years by manufacturers/importers) and that workers know how to access SDSs (2.2).
   • If Schedule 11 quantities are exceeded, prepare and update a manifest that complies with Schedule 12 and provide it to emergency services where required (Reg 347; Reg 361; 1.6; Appendix D). Keep placards visible where required (Appendix D).

3. Assess risks and decide controls

   • Use the Code’s risk‑assessment options: basic, generic or detailed assessments depending on chemical hazard and complexity (3.2). Engage competent persons where necessary (3.1).
   • Consider health and physicochemical risks separately; for health risks consider route of entry, form/concentration, frequency/duration and exposure estimation (3.3). For physicochemical risks assess fire/explosion, ignition sources, dust explosion potential, confinement and off‑site risks (3.4).

4. Apply the hierarchy of control and document decisions

   • Aim to eliminate hazards first; if not practicable, substitute, isolate or apply engineering controls (4.1).
   • Implement engineering controls such as local exhaust ventilation or fully enclosed systems and design ventilation to standards and by competent persons (4.1; 4.2).
   • Use administrative controls only to supplement higher order measures; document safe work procedures, permit systems (hot work permits), inventory reduction and PPE requirements (4.1; 4.2).
   • Where PPE is required, select, fit and maintain suitable PPE under Reg 44 and ensure worker compliance under Reg 46 (4.1).

5. Ensure stability, containment and transfer controls

   • Keep hazardous chemicals stable per manufacturer instructions and Reg 356 and ensure plant is designed and maintained for its intended purpose (4.2; 4.3).
   • Provide spill containment systems sized for the largest reasonable spill and prevent incompatible mixing in containment (Reg 357; 4.2).

6. Monitoring and health surveillance

   • If exposure standards apply, monitor atmospheric concentrations using competent occupational hygienists and retain monitoring records required by the Code (exposure standard monitoring records for 30 years where specified) (1.5; 3.3).
   • Where health monitoring is triggered by Schedule 14 or Reg 368, arrange monitoring by or under the supervision of a registered medical practitioner experienced in health monitoring, pay all expenses and provide reports/records as required. Keep records confidential and retained for statutory periods (5.1; Appendix E).

7. Emergency preparedness and coordination with emergency services

   • Prepare an emergency plan under Reg 43 and if manifest quantities are exceeded, submit it to the primary emergency services authority under Reg 361. Include site maps, roles, testing frequency and procedures for firewater containment and public communication (6.1).
   • Provide and maintain emergency equipment, alarms and firefighting systems as appropriate to the types and quantities of hazardous chemicals stored (Reg 360-362; 6.2-6.3).

8. Training, consultation and supervision

   • Consult with workers and HSRs (s 46-48) through the risk‑management process and ensure training is provided on hazards, control measures, labels, SDSs, emergency procedures and PPE usage (1.3; 4.4).
   • Document training records (Reg 39 suggests training must be suitable and adequate; keep records of who was trained and when) (4.4).

9. Maintenance and review

   • Maintain control measures under Reg 37 and ensure systems used for hazardous chemical handling are operated, tested, maintained and decommissioned with regard to safety (Reg 363; 4.3). Implement preventive maintenance schedules informed by manufacturer guidance or competent persons.
   • Review control measures at least whenever a change creates new risks, after incidents, when SDS or registers change, after health monitoring findings, or at least once every five years (Reg 38; 5.2).

10. Seek competent advice where necessary and document equivalence

    • For ventilation design, hazardous‑area classification, fire protection, bunding, cylinder testing or other complex engineering controls, engage qualified engineers, occupational hygienists or competent technical experts (4.1; 4.2; 4.3).
    • If adopting alternative technical standards rather than the Code, document why the alternative provides equivalent or higher protection; keep records to demonstrate equivalence for regulators and courts (Foreword).

Accountabilities: Assign clear responsibility lines , the PCBU remains principally accountable for workplace compliance; manufacturers/importers/suppliers remain responsible for classification, SDS and labelling at supply; officers must exercise due diligence to ensure the business has appropriate resources and processes (1.2). Ensure procurement decisions factor in lifecycle costs of controls, testing and long‑term record retention.

Practical checklist (minimum actions)

• Compile hazardous chemical inventory and SDSs; prepare register (Reg 346).
• Check Schedule 11 quantities and, if exceeded, prepare manifest and consult emergency services (Reg 347; Reg 361; Appendix D).
• Conduct risk assessment proportionate to hazard; document outcomes (3.2; Appendix F/G).
• Implement hierarchy of control measures and document maintenance regimes (4.1; Reg 37).
• Arrange air and biological monitoring where exposure standards or health concerns require it; retain records (1.5; 3.3).
• Comply with health monitoring obligations where Schedule 14 or Reg 368 apply (5.1; Appendix E).
• Prepare emergency plan, test it and provide to emergency services where required (Reg 43; Reg 361).
• Train and consult workers and HSRs and keep training records (s 46-48; Reg 39).
• Keep records for statutory retention periods and maintain evidence to show controls are “reasonably practicable”.

Following the Code will generally put a PCBU on a defensible compliance pathway, but where alternate methods are used, keep thorough documentation demonstrating that the chosen measures are equivalent or better than the Code’s recommendations.