Work Health and Safety (Preparation of Safety Data Sheets for Hazardous Chemicals) Code of Practice 2015

At base, the Code operationalises two regulatory concepts: (1) the SDS as the principal information instrument for communicating chemical hazards to workplaces, and (2) the allocation of responsibility for producing and maintaining that instrument to upstream commercial actors , manufacturers and importers , who are in the best position to know composition and hazard data.

Principal technical concepts in the Code include:

• SDS structure (Sections 1-16): The Code mandates the 16-section format required by Schedule 7 of the Regulations (2.1). Each section is treated as a distinct information field: identification, hazard identification, composition, first aid, firefighting, accidental release, handling and storage, exposure controls/PPE, physico-chemical properties, stability/reactivity, toxicological, ecological, disposal, transport, regulatory, and other information (3.1-3.16). The Code supplies extensive content expectations for each field (Chapter 3).
• Language and units: The SDS must be in English and use Australian legal units under the National Measurement Act 1960; other units (SI, mmHg, °C) may be included where in common Australian use (2.1).
• Timing and currency: Regulation 330 requires an SDS “before first manufacture or import” or as soon as practicable thereafter; the Code requires review at least every five years and amendment whenever new information or a change in formulation occurs (2.4; Reg 330 referenced in 1.4 and 2.1).
• Ingredient disclosure and confidentiality: Disclosure obligations follow Schedule 8. The Code describes when an ingredient must be identified, when a generic name may be used, and permissible concentration ranges where exact concentrations are commercially confidential (3.3 and Appendix D). Generic names are allowed only in tightly specified hazard categories and subject to conditions (3.3).
• Research chemicals and incomplete data: For chemicals where hazards are incompletely known (research chemicals, wastes, samples), the Code accepts limited SDSs that state the lack of full information and require precautionary handling (2.2; guidance linked to Reg 331).
• Interoperability with other regulatory regimes and standards: The Code instructs inclusion of Hazchem codes (ADG Code) for transport, notes NICNAS recommendations, SUSMP schedules, and a long list of Australian standards and international instruments (Appendix E).

Mechanically the Code supplies both the “what” (content that Schedule 7 requires and how to meet those requirements) and the “how” (recommended phrasing, data presentation, versioning, page numbering, translation practice, and record-keeping standards). It also maps where the Code is advisory versus legally binding by quoting regulation numbers and indicating which elements are statutory requirements.

Primary dutyholders

• Manufacturers and importers of hazardous chemicals: The Code explicitly targets persons conducting a business or undertaking (PCBU) who manufacture or import chemicals intended for workplace use (Scope and 1.3). Under the WHS Regulations these actors “must prepare an SDS” before first manufacture/import (Regulation 330; referenced in 1.3 and 1.4).
• Persons who package or relabel with their own product name: The Code notes that repackagers/relabelers who use their own product name are treated as manufacturers for the purpose of SDS obligations (1.3 note).

Secondary dutyholders

• Downstream users and workplaces: Employers and other PCBUs who use, handle or store hazardous chemicals rely on SDSs to meet their own WHS duties. The Code requires manufacturers/importers to provide current SDSs to “any person, if the person is likely to be affected by the chemical or asks for the SDS” (1.3 table).
• Importers who receive overseas SDSs: Importers must check overseas SDSs for compliance with WHS Regulations and amend if necessary; otherwise the importer bears responsibility for preparing a compliant SDS (2.3).
• Emergency services and transport operators: SDSs must contain transport information, UN numbers and Hazchem codes; fire and transport authorities use these data (3.14, 3.5).
• Regulators and inspectors: While not dutyholders, inspectors and courts are affected because the Code is admissible and can be used in improvement/prohibition notices or litigation to demonstrate reasonable practicability (Foreword).

Who pays

• Compliance costs fall primarily on manufacturers, importers and repackagers (testing, classification, drafting or commissioning SDSs, legal/technical review, translations and updates). Workplaces pay indirectly through procurement choices (insisting on compliant SDSs) and through operational changes prompted by SDS information (PPE, engineering controls, storage arrangements).

Who decides

• Manufacturers/importers decide the content, subject to statutory constraints (Schedule 7 and Schedule 8 disclosure rules), and must exercise or engage the necessary expertise to classify hazards correctly and compile toxicological, physico-chemical and ecological data (1.3, 2.1, 3.11).
• Importers decide whether to accept an overseas SDS as compliant or to prepare/amend a replacement SDS (2.3).
• Inspectors and courts decide whether following the Code amounts to compliance with the Act/Regulations in any given factual setting; the Code is evidence of what is known and what is reasonably practicable (Foreword).

Distributional observations

• Benefits from SDSs are diffuse (workplace health and safety, emergency preparedness) while compliance costs are concentrated on producers/importers, especially small and medium enterprises with limited chemical management expertise. The Code recognises this by permitting attached translations and offering guidance for acceptable minimal SDSs for research chemicals, but it does not alter the statutory duty allocation.

Statutory duties , as reflected and explained in the Code

• Prepare SDS prior to first manufacture or import: The Code cites Regulation 330 which requires an SDS before first manufacturing or importing a hazardous chemical, or as soon as practicable after (1.4; 2.1). The obligation is placed squarely on manufacturers and importers.
• Review and update: SDSs must be reviewed every five years (2.4) and amended whenever new hazard information is known or the formulation changes (2.4; repeated in Section 16). The Code clarifies that review is unnecessary if the manufacturer/importer has not manufactured/imported the chemical in the last five years.
• Provide SDS on request or where persons are likely to be affected: The Code states manufacturers/importers “must provide the current SDS to any person, if the person is likely to be affected by the chemical or asks for the SDS” (1.3 table).
• Correct classification obligation: Under the WHS Regulations, manufacturers/importers must determine whether a substance is a hazardous chemical and correctly classify it before supplying to workplaces; the Code explains the preparer should have appropriate expertise and access to formulation and hazard classification (1.3).
• Content and format obligations: Schedule 7 requirements are set out in the Code and include English language, Australian legal units, date last reviewed or prepared, name and Australian address and business phone of manufacturer/importer, and an Australian emergency telephone number (2.1).
• Ingredient disclosure: The Code summarises Schedule 8 obligations (3.3). Ingredients contributing to classification must be identified, impurities and stabilising additives included, and proportions disclosed unless genuinely commercially confidential; where confidentiality is asserted, specific concentration ranges may be used.
• Limited circumstances where SDS is not required: The Code lists chemical types exempted from the SDS obligation under the Regulations (for example chemicals in batteries while integrated into plant, fuels in containers fitted to vehicles, potable liquids consumer products at retail premises) (1.4).

Rights, permissible actions, and narrow exceptions

• Attachment of translations: A person other than manufacturer/importer may attach a translation to an SDS provided the translation clearly states it is not part of the original SDS (1.3 table; 2.4).
• Limited changes by others: A PCBU may change an SDS only if they are an importer/manufacturer and the changes are consistent with the duties of importer/manufacturer, or the change is attaching a translation (1.3).
• Use of overseas SDSs: Acceptable only if compliant with WHS Regulations; importer bears liability to ensure compliance (2.3).

Recordkeeping and versioning expectations

• The Code recommends version numbers, superseded dates, or other indicators of superseded versions and that changes be clearly indicated and an explanation maintained and supplied on request (2.1; 3.16).

Operational responsibilities

• Ensure emergency contact arrangements are functional outside business hours and, where a Poisons Information Centre or emergency service number is listed, confirm the arrangement and provide copies of the SDS to that service (3.1).
• Include Hazchem code for the benefit of emergency services and transport compliance (3.5, 3.14).

Legal effect and evidentiary status

• The Code is an approved code of practice under s 274 of the WHS Act. The Foreword states codes are admissible in court and may be treated as evidence of what is known about a hazard and of what is reasonably practicable. Inspectors may refer to an approved code when issuing improvement or prohibition notices. In practice that means adherence to the Code is a recognised method to demonstrate how to meet duties, but other ways that achieve the same level of safety may also satisfy duties depending on the facts.

The Code itself does not set monetary penalties or create new criminal offences. Instead, it sits as an approved code under the WHS Act and interacts with the enforcement regime of the Act and Regulations. The Code's enforcement-relevant mechanics, as presented, are:

• Evidentiary role: The Foreword explicitly states that codes of practice are admissible in court proceedings under the WHS Act and Regulations and that courts may rely on a code to determine what is reasonably practicable (Foreword). That means the Code can be used by prosecutors or civil claimants to demonstrate industry standard and may be relied on by defendants to show compliance where appropriate.
• Inspector reliance: The Foreword also states inspectors may refer to an approved code when issuing improvement or prohibition notices. Practically, an inspector can use failure to follow the Code as a basis for requiring immediate corrective action, even though deviation from the Code is not automatically unlawful if an alternative compliant approach is demonstrated.
• Regulatory obligations and sanctions: Where the Code explains a “must” requirement, that is restating an obligation found in the WHS Regulations (e.g. Reg 330 requirement to prepare SDSs, Schedule 7 content). Failure to comply with those Regulations attracts the enforcement mechanisms of the WHS Act and Regulations, including notices and potential prosecution. The Code warns users that following it is a recognised way to achieve compliance, but it does not supplant statutory obligations.
• Practical enforcement touchpoints: Inspectors or agencies will focus on (a) whether an SDS exists and was provided as required, (b) whether the SDS contains the Schedule 7 elements and correct Australian emergency contacts and units, (c) whether ingredient disclosure follows Schedule 8 rules and generic-name rules, (d) whether review obligations were met (every five years or when new information arises), and (e) whether translations or amendments were properly labelled and handled.

What the Code does not supply

• The Code does not state fines, maximum penalties, time limits for prosecutions, or specific administrative sanctions. Those remain in the WHS Act and its enforcement instruments, which the Code references but does not reproduce. The consequence is that while the Code is an authoritative guide to compliance, enforcement outcomes are determined under the statutory framework and by regulator discretion, courts and tribunals applying the Act and Regulations.

The Code is explicitly designed to be read in the context of several other regulatory instruments and standards. The Code both references and requires cross-checking with those instruments where overlap exists.

Primary regulatory instruments

• Work Health and Safety Act 2011 and WHS Regulations: The Code is approved under s 274 of the WHS Act and provides practical guidance to meet duties in the WHS Regulations, specifically Regulation 330 (preparation), Regulation 331 (research chemicals/waste/samples) and Regulation 335 (non-GHS hazard statements) as referenced in the Code. Schedule 7 (required SDS sections and elements) and Schedule 8 (disclosure of ingredients) are repeatedly cited and explained (2.1, 2.2, 3.3, Appendix C).
• National Measurement Act 1960: The Code requires use of Australian legal units of measurement under that Act (2.1).

Transport and emergency regimes

• ADG Code (Australian Code for the Transport of Dangerous Goods by Road and Rail): The Code requires SDSs to include transport classification details, UN number, Proper Shipping Name, transport class, packing group, and Hazchem (Emergency Action) Code as specified in the ADG Code (3.14, 3.5). It also notes that certain maritime transport requirements (IMDG, MARPOL) may impose additional SDS content obligations (3.14, 3.15).
• International transport conventions: For chemicals that are maritime pollutants or otherwise regulated internationally, the SDS should indicate those statuses (3.14, 3.15).

Chemical-specific regulatory regimes

• NICNAS / Industrial Chemicals: The Code recommends that manufacturers/importers refer to NICNAS assessment reports and AICS listings and include NICNAS recommendations where relevant (2.1, 3.15).
• SUSMP / Therapeutic Goods Act: Where the chemical is scheduled as a poison under the SUSMP or otherwise regulated by the Therapeutic Goods Act, the SDS should indicate the Poisons Schedule (3.1, 3.15).
• APVMA and agricultural/veterinary chemical controls: The Code notes that other Commonwealth and State legislation may apply and that those regulatory obligations should be reflected in the SDS (3.15).

International instruments and harmonisation

• GHS: The Code is built around the Globally Harmonized System (GHS) classification and labelling scheme (multiple references across Chapters and Appendix C). It supplies the GHS signal words, hazard statements, precautionary statements and pictograms as guidance for inclusion in SDSs. It also recognises that overseas jurisdictions implementing GHS (EU CLP, REACH etc.) may have SDSs that need amendment for Australian regulatory compliance (2.3).
• OECD, UN model regulations and other reference databases: The Code lists international data sources (eChemPortal, UN GHS, ECHA/REACH) and suggests them for classification and data sourcing (Appendix E).

Standards and technical guidance

• Australian Standards: The Code cross-references numerous Australian and joint standards relevant to storage, PPE, fire protection, transport and sampling (Appendix E). These are not legally mandated by the Code itself but are presented as technical reference material to support SDS content (e.g. AS 1940 for flammable liquids, AS/NZS 1715/1716 for respiratory protection).

Practical interaction outcomes

• Where a conflict could arise between an overseas SDS and WHS Regulations, the importer must ensure compliance with the WHS Regulations and amend the SDS if necessary (2.3).
• The Code requires harmonised presentation so that an SDS prepared to satisfy Schedule 7 will generally contain the data and references needed by transport and environmental regulators (3.14, 3.15).
• The Code does not alter the legal obligations imposed by other Acts; it instructs manufacturers/importers to include references to other applicable regulatory statuses (SUSMP schedules, NICNAS/AICS, international conventions) in Section 15 so users are aware of overlapping controls (3.15).

Instrument identity and approval

• The instrument is titled the Work Health and Safety (Preparation of Safety Data Sheets for Hazardous Chemicals) Code of Practice 2015 (clause 1).
• The Code was approved by the Minister for Employment, Michaelia Cash, and the approval is dated 18 March 2016 (clause 3 and Ministerial signature page).

Commencement

• The Code commences on the day after it is registered on the Federal Register of Legislative Instruments (clause 2). The text does not include the registration date itself; the approval date is 18 March 2016 and commencement follows registration.

Development process and endorsement

• The Foreword states the Code was developed by Safe Work Australia as a model code and was released for public consultation on 7 December 2010. It was endorsed by the Workplace Relations Ministers Council on 10 August 2011 (Foreword). The Minister’s approval declares satisfaction that the code was developed by a process described in s 274(2) of the WHS Act (clause 3).

Document identifiers and structure

• The Code includes core chapters, detailed section guidance (1-3), appendices A-E, and multiple cross-references to the WHS Act and Regulations and to other legislative or standards instruments (table of contents).

What the Code does not record

• The instrument text does not record any subsequent formal amendments to the Code after approval. It does not include a version history beyond the date it was approved, and the Code itself recommends manufacturers/importers include version numbers and dates on SDSs (2.1; 3.16).

Practical note on future amendments

• Because the Code is an approved code under s 274, any future amendments would typically require Safe Work Australia and Ministerial processes consistent with the WHS Act. The instrument text does not itself establish an automatic sunset or review date for the Code; review and revision of individual SDSs is required every five years by manufacturers/importers (2.4), but that is separate from the Code’s own revision history.

The text of the Code does not cite any case law, and it contains no internal record of litigation concerning the Code itself. The Foreword explains the evidentiary use of codes of practice , namely that they are admissible in court and courts may rely on them in determining what is reasonably practicable , but the instrument does not list any judicial decisions applying this particular Code.

What that means in practice

• As of the Code’s text, there is no litigation history recorded within the instrument. Users should therefore treat the Code as a contemporaneous regulatory guide, not a document summarising judicial interpretation.
• Practical implication for lawyers and compliance professionals: reliance on the Code in litigation will require linking the Code’s guidance to the facts of a case and the statutory obligations in the WHS Act and Regulations. The admissibility and probative weight of the Code will be determined by courts in future proceedings; the Code is evidence but not determinative.

Recommended practitioner step

• When litigating or advising, check for any subsequent case law interpreting the Code or the relevant WHS Regulations outside the Code text, and verify whether Safe Work Australia or regulators have issued guidance updates or replacement codes since approval.

This Code contains a number of drafting traps and implementation pitfalls that create legal and operational risk if overlooked. The Code combines mandatory restatements of Regulations with recommended drafting practices; conflating the two, omitting required fields, or misusing confidentiality provisions will expose dutyholders to enforcement risk.

Common and consequential “gotchas”

• Treating the Code as optional in substance: The Code distinguishes “must” (regulatory obligations) from “should” and “may” (recommended practice). A persistent error is to treat the recommended material as optional when it supplies the means to satisfy statutory duties; because courts and inspectors may rely on the Code as evidence of what is reasonably practicable, ignoring “should” guidance can still increase enforcement risk (Foreword; 2.1).
• Using overseas SDSs without adaptation: The Code permits overseas SDSs only if they comply with WHS Regulations. Importers who rely on an overseas SDS without verifying units, emergency telephone details, Australian addresses, and Schedule 7/8 content leave themselves exposed; the importer is responsible if the overseas SDS fails to comply (2.3).
• Misapplying generic-name rules: Generic names are permitted only where identity is genuinely commercially confidential and subject to explicit hazard-category and non-classification conditions (3.3). Using a generic name improperly , for example where the ingredient contributes to the chemical’s classification , breaches disclosure rules and may impede workplace risk control.
• Overly broad concentration ranges: Where concentrations are commercially confidential, the Code permits ranges (e.g. <10%, 10-<30% etc.) but recommends narrower ranges where possible (3.3). Using coarse ranges when narrower ones are feasible reduces the ability of workplaces to assess exposure risks and can invite regulator scrutiny.
• Incomplete or ambiguous SDS fields: The Code forbids blank spaces and “N/A” without explanation; it requires explicit statements when data are unavailable and recommends that negative results be documented rather than simply stating “no data” (2.1). Vague phrases (“may be dangerous”, “safe under most conditions”) are discouraged; failure to be precise risks misleading users and invites enforcement action.
• Treating translations as originals: The Code permits translations attached to the original SDS only if the translation clearly states it is not part of the original SDS; otherwise liability and evidentiary confusion may follow (2.4).
• Repackager = manufacturer trap: A person who packages or relabels a hazardous chemical with their own product name is treated as a manufacturer and thereby inherits the manufacturer/importer SDS obligations (1.3 note). This is often missed by distributors or formulators who change labelling for marketing.
• Research chemicals and “acceptable SDS” limits: For research chemicals and wastes where hazard data are incomplete, the Code permits an abbreviated “acceptable SDS” that states data are not available and precautionary measures should be taken (2.2). However, the Code expects known hazards and identities be included “as far as is reasonably practicable” , incomplete SDSs are not a universal escape.
• Hazard classes outside WHS scope: The Code notes some GHS hazard categories fall outside the WHS Regulations’ scope (e.g. acute toxicity Category 5, skin corrosion Category 3) and are therefore not mandatory for ingredient disclosure (1.2; 3.3). Relying on that exclusion without considering overseas obligations or workplace safety concerns can create gaps where SDSs would nonetheless be valuable.
• Failure to include appropriate transport information: SDSs must include UN number, Proper Shipping Name, transport class and Hazchem code where relevant (3.14). Omitting or mis-stating Hazchem/UN data harms emergency response and breaches transport-related obligations.
• Page-numbering and version control: The Code requires version identification and page numbering (2.1). Failure to version-control or to state the “end of SDS” can lead to disputes over which SDS was in force at the relevant time.

Practical enforcement consequences

• Inspectors may use breaches of the Code as grounds for improvement or prohibition notices; courts may treat deviation from the Code as evidence of what was reasonably practicable. These are legal and operational risks even where the Code’s text is advisory rather than prescriptive.

This section is an actionable checklist derived from the Code. It focuses on concrete steps manufacturers, importers and downstream PCBUs should take to satisfy legal obligations and to apply the Code’s guidance in a defensible way.

1. Confirm dutyholder status and timing

   • Determine whether you are a manufacturer or importer. If you repackage or relabel with your own product name, treat yourself as a manufacturer for SDS obligations (1.3 note).
   • Prepare an SDS before first manufacture/import of a hazardous chemical or as soon as practicable thereafter (Reg 330; 1.4).

2. Assemble expertise and data

   • Ensure the person compiling the SDS has appropriate technical expertise and access to the product formulation and hazard classification information (1.3).
   • Gather physicochemical data, toxicological and ecotoxicological studies, exposure standard values, transport classification (UN number, Proper Shipping Name), Hazchem code, and regulatory listings (SUSMP, NICNAS/AICS).

3. Draft the SDS in the required structure and language

   • Use the 16-section format required by Schedule 7 (Sections 1-16) and fill each section in accordance with the Code’s detailed guidance (2.1; Chapter 3).
   • Prepare the SDS in English and record Australian legal units. Where other units are provided, include Australian units as primary (2.1).

4. Include mandatory identifying and emergency information

   • State date last reviewed (or date prepared), manufacturer/importer name, Australian street address and business telephone number, and an Australian emergency telephone number available outside business hours (2.1; 3.1).
   • If using a Poisons Information Centre, confirm the arrangement and provide copies of the SDS to that service (3.1).

5. Correctly classify hazards and include label elements

   • Undertake hazard classification in accordance with GHS and applicable WHS criteria. Indicate hazard classes and categories and include GHS signal words, hazard statements and precautionary statements where relevant (3.2 and Appendix C).
   • Pictograms are optional in SDSs but may be included in black-and-white for ease of distribution (3.2).

6. Disclose composition per Schedule 8 rules; apply generic-name rules carefully

   • Identify ingredients that contribute to classification, impurities and stabilising additives. Disclose proportions and CAS or technical names where required (3.3).
   • Use generic names only where commercially justified and subject to the conditions in 3.3 and Appendix D. Ensure generic names do not hide ingredients that determine classification.

7. Use concentration ranges appropriately

   • Where exact concentrations are commercially confidential, use the permitted ranges (e.g. <10%, 10-<30%, 30-60%, >60%), and prefer narrower ranges where reasonably practicable (3.3).

8. Address research chemicals, wastes and samples

   • If full hazard data are not reasonably practicable, prepare an “acceptable SDS” with the minimum items listed in Regulation 331 guidance: English, manufacturer/importer details, statement that full identification/hazard info is not available, chemical identity/composition as much as practicable, any known/suspected hazards and identified precautions (2.2).

9. Provide transport, regulatory and disposal information

   • Include UN number, Proper Shipping Name, transport hazard class and packing group, Hazchem code and special precautions for transport (3.14).
   • Include regulatory listings and Poisons Schedule references where applicable (3.15).

10. Review and amend

    • Review SDSs at least every five years and amend whenever new hazardous information is received or the formulation changes (2.4).
    • Maintain version control, include version number/superseded date, and “where changes were made” indicators; retain an explanation of changes and provide upon request (2.1; 3.16).

11. Provide and distribute

    • Provide the current SDS to any person likely to be affected or who asks for it. Ensure that the SDS accompanies supply to workplaces and is accessible for workers and health and safety representatives.
    • If relying on an overseas SDS, verify and amend to ensure compliance with WHS Regulations; if the overseas SDS is non-compliant the importer must prepare a compliant SDS (2.3).

12. Translation and amendments by third parties

    • If you attach a translation, clearly state it is not part of the original SDS. Only importers or manufacturers may change an SDS in ways consistent with their duties (1.3; 2.4).

13. Keep records and documents

    • Keep copies of SDSs, version history, and the source data and studies used to prepare the SDS. Document the rationale for concentration ranges, use of generic names and any bridging principles applied for mixtures (3.11).

14. Operationalise SDS recommendations

    • Use the SDS to inform workplace risk assessments, control measures and emergency planning. Implement recommended engineering controls, exposure monitoring, PPE specifications, biological monitoring instructions and first-aid measures as applicable (Section 8 guidance).

15. Cross-check other legal obligations

    • Check NICNAS/AICS, SUSMP, APVMA and international transport obligations and incorporate relevant references into Section 15 of the SDS (3.15; Appendix E). Confirm the Hazchem code and transport UN number with the ADG Code.

16. Avoid common drafting errors

    • Do not leave blanks or unexplained “N/A”; state when data are unavailable and why. Avoid vague qualitative statements. Number pages and indicate the end of the SDS (2.1).

Practical implementation tips

• For small manufacturers or importers, consider engaging a qualified chemical safety consultant or SDS service to ensure classification and toxicological interpretation are technically defensible.
• Where testing is required to fill data gaps (physicochemical or toxicological parameters), prioritise data that affect workplace controls and emergency response (e.g. vapour pressure, flash point, LD50s).
• Ensure procurement practices demand compliant SDSs from suppliers and maintain an indexed SDS library with date/version controls for audit and inspection.

Documentation of compliance with the Code and Regulations , including records of review dates, version changes, and the technical basis for classification and disclosure choices , will be the primary means to demonstrate compliance to inspectors and to courts should disputes arise.