Occupational Health and Safety Amendment (Hazardous Substances Classification) Regulations 2010

i Occupational Health and Safety Amendment (Hazardous Substances Classification) Regulations 2010 S.R. No. 18/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Principal Regulations 2 4 Definitions 2 5 Amendment to regulation 4.1.4 3 6 Amendment to regulation 4.1.6 3 7 Amendments to regulation 4.1.10 3 8 Amendment to regulation 5.1.9 4 9 Amendments to Schedule 9 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2010 S.R. No. 18/2010 Occupational Health and Safety Act 2004 Occupational Health and Safety Amendment (Hazardous Substances Classification) Regulations 2010 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 13 April 2010 Responsible Minister: TIM HOLDING Minister for WorkCover MATTHEW McBEATH Acting Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2007 to recognise the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals (the GHS) as an alternative standard for the classification and labelling of hazardous substances, and for other purposes. 2 Authorising provision These Regulations are made under section 158 of the Occupational Health and Safety Act 2004. -- 2 of 7 -- S.R. No. 18/2010 Occupational Health and Safety Amendment (Hazardous Substances Classification) Regulations 2010 2 3 Principal Regulations In these Regulations, the Occupational Health and Safety Regulations 2007 1 are called the Principal Regulations. 4 Definitions In regulation 1.1.5 of the Principal Regulations— (a) in the definition of container, for paragraph (b) substitute— "(b) a container within the meaning of bulk in the Dangerous Goods (Storage and Handling) Regulations 2000;"; (b) insert the following definition— "GHS means the Globally Harmonized System of Classification and Labelling of Chemicals, published by the United Nations in 2009;"; (c) in the definition of hazardous substance, after paragraph (b) insert— "or (c) meets the criteria for hazard classification set out in Part 3 (Health Hazards) of the GHS;"; (d) in the definition of risk phrase, after paragraph (b) insert— "or (c) as set out in the hazard statements in section 1 of Annex 3 of the GHS;"; r. 3 -- 3 of 7 -- S.R. No. 18/2010 Occupational Health and Safety Amendment (Hazardous Substances Classification) Regulations 2010 3 (e) in the definition of safety phrase, after paragraph (b) insert— "or (c) as set out in the precautionary statements in section 2 of Annex 3 of the GHS;". 5 Amendment to regulation 4.1.4 In Note 2 at the foot of regulation 4.1.4(1) of the Principal Regulations, for "or the Approved Criteria for Classifying Hazardous Substances" substitute ", the Approved Criteria for Classifying Hazardous Substances or the GHS". 6 Amendment to regulation 4.1.6 For regulation 4.1.6(1)(f) of the Principal Regulations substitute— "(f) the hazard classification of the substance determined in accordance with— (i) the HSIS; or (ii) the Approved Criteria for Classifying Hazardous Substances; or (iii) the GHS; and". 7 Amendments to regulation 4.1.10 (1) After regulation 4.1.10(1)(a) of the Principal Regulations insert— "(ab) the container is labelled in English in accordance with the GHS and contains the name, address and telephone number of— (i) the manufacturer of the substance in Australia; or (ii) the importing supplier of the substance in Australia; or". r. 5 -- 4 of 7 -- S.R. No. 18/2010 Occupational Health and Safety Amendment (Hazardous Substances Classification) Regulations 2010 4 (2) After regulation 4.1.10(2) of the Principal Regulations insert— "(2A) Nothing in subregulation (1)(ab) prevents a manufacturer or importing supplier from labelling a container with the information required by that subregulation in appropriate languages in addition to English.". 8 Amendment to regulation 5.1.9 At the foot of regulation 5.1.9(1) of the Principal Regulations insert— "Note Act compliance—sections 21 and 23 (see regulation 1.1.7).". 9 Amendments to Schedule 9 (1) In clause 1 of Schedule 9 to the Principal Regulations— (a) in the definition of class, for "ADG Code" substitute "Dangerous Goods (Transport by Road or Rail) Regulations 2008"; (b) in the definition of Packing Group, for "ADG Code" substitute "Dangerous Goods (Transport by Road or Rail) Regulations 2008". (2) In Table 2 of Schedule 9 to the Principal Regulations— (a) in the item relating to flammable materials, for "flashpoints <61 o C" substitute "flashpoints <60o C"; (b) for "Appendix 5" (where twice occurring) substitute "Appendix A". (3) In Table 3 of Schedule 9 to the Principal Regulations— (a) for "LC 50 <0·5" substitute "LC 50 <0·2"; r. 8 -- 5 of 7 -- S.R. No. 18/2010 Occupational Health and Safety Amendment (Hazardous Substances Classification) Regulations 2010 5 (b) for "40<LD50 <200" substitute "50<LD50 <200"; (c) for "0·5<LC 50 <2" substitute "0·2<LC 50 <2". ═══════════════ r. 9 -- 6 of 7 -- S.R. No. 18/2010 Occupational Health and Safety Amendment (Hazardous Substances Classification) Regulations 2010 6 ENDNOTES 1 Reg. 3: S.R. No. 54/2007 as amended by S.R. No. 140/2007. —— Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulations 4 to 7 Globally Harmonized System of Classification and Labelling of Chemicals, published by the United Nations in 2009 The whole Endnotes -- 7 of 7 --