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Work Health and Safety Regulations 2011
345Changes to safety data sheets
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345 Changes to safety data sheets
A person conducting a business or undertaking at a workplace may change a safety data sheet for a hazardous chemical only if:
(a) the person:
(i) is an importer or manufacturer of the hazardous chemical; and
(ii) changes the safety data sheet in a way that is consistent with the duties of the importer or manufacturer under regulation 330; or
(b) the change is only the attachment of a translation of the safety data sheet, and clearly states that the translation is not part of the original safety data sheet.
Note 1: The manufacturer or importer of a hazardous chemical must amend a safety data sheet as necessary to ensure the information is correct and current (see paragraph 330(3)(b)).
Note 2: 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.
Division 3—Register and manifest of hazardous chemicals
Subdivision 1—Hazardous chemicals register
346 Hazardous chemicals register
(1) A person conducting a business or undertaking at a workplace must ensure that:
(a) a register of hazardous chemicals used, handled or stored at the workplace is prepared and kept at the workplace; and
(b) the register is maintained to ensure the information in the register is up to date.
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 register must include:
(a) a list of hazardous chemicals used, handled or stored; and
(b) the current safety data sheet for each hazardous chemical listed.
(3) The person must ensure that the register is readily accessible to:
(a) a worker involved in using, handling or storing a hazardous chemical; and
(b) anyone else who is likely to be affected by a 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) This regulation does not apply to a hazardous chemical if:
(a) the hazardous chemical is in transit, unless there is a significant or frequent presence of the hazardous chemical in transit at the workplace; or
(b) the hazardous chemical is a consumer product and the person is not required to obtain a safety data sheet for the hazardous chemical under regulation 344.
Note: See subregulation 344(4).
Subdivision 2—Manifest of Schedule 11 hazardous chemicals
Note: Regulation 361 requires an emergency plan to be prepared if the quantity of hazardous chemicals used, handled or stored at a workplace exceeds the manifest quantity for that hazardous chemical.