344Person conducting business or undertaking to obtain and give access to safety data sheets

344  Person conducting business or undertaking to obtain and give access to safety data sheets  (1) A person conducting a business or undertaking at a workplace must obtain the current safety data sheet for a hazardous chemical prepared in accordance with these Regulations from the manufacturer, importer or supplier of the hazardous chemical in the following circumstances:  (a) either:  (i) not later than when the hazardous chemical is first supplied for use at the workplace; or  (ii) if the person is not able to obtain the safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace but before the hazardous chemical is used at the workplace;  (b) if the safety data sheet for the hazardous chemical is amended either:  (i) not later than when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended; or  (ii) if the person is not able to obtain the amended safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace after the safety data sheet is amended and before the hazardous chemical supplied is used at the workplace. Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.  (2) The hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace for 5 years.  (3) The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to:  (a) a worker who is involved in using, handling or storing the hazardous chemical at the workplace; and  (b) an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace. Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.  (4) Subregulations (1) and (3) do not apply to a hazardous chemical that:  (a) is in transit; or  (b) if the person conducting the business or undertaking at the workplace is a retailer—is:  (i) a consumer product; and  (ii) intended for supply to other premises; and  (iii) not intended to be opened on the person’s premises; or  (c) is a consumer product and it is reasonably foreseeable that the hazardous chemical will be used at the workplace only in:  (i) quantities that are consistent with household use; and  (ii) a way that is consistent with household use.  (5) In the circumstances referred to in subregulation (4), the person must ensure that sufficient information about the safe use, handling and storage of the hazardous chemical is readily accessible to:  (a) a worker at the workplace; and  (b) an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace. Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.  (6) The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to a person at the workplace if the person:  (a) is likely to be affected by the hazardous chemical; and  (b) asks for the safety data sheet. Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.