342Labelling hazardous chemicals – containers

342 Labelling hazardous chemicals – containers

(1)  A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical is correctly labelled in accordance with regulation 335 if the hazardous chemical is –

(a) manufactured at the workplace; or

(b) transferred or decanted from its original container at the workplace.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.

(1A)  Subregulation (1) does not apply to a hazardous chemical –

(a) manufactured at the workplace, or transferred or decanted from its original container at the workplace, before 1 January 2017 that was, at the time it was manufactured, or transferred or decanted from its original container, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time; or

(b) manufactured at the workplace before 1 January 2023 that was, at the when time it was manufactured, labelled in accordance with GHS 3; or

(c) transferred or decanted from its original container at the workplace that was –

(i) manufactured or imported before 1 January 2023; and

(ii) at the time it was manufactured or imported, labelled in accordance with GHS 3.

(2)  A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a container that stores a hazardous chemical is correctly labelled in accordance with regulation 335 while the container contains the hazardous chemical.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.

(2A)  Subregulation (2) does not apply to a container –