Document ID: chunk:federal_register_of_legislation:F2016L00413:reg:5:p4
Version: federal_register_of_legislation:F2016L00413
Segment Type: reg
Provision Reference: reg 5 (pt 4/23)
Character Range: 9718–13131

listed in Appendix A.

1.3 What are the duties in relation to labelling hazardous chemicals?
The WHS Regulations apply specific duties to various persons in relation to the correct labelling
of workplace hazardous chemicals. These duties are summarised below.

Duty holder                                         Responsibilities

Manufacturers and importers                             * Ensure that the chemical is correctly labelled.
Suppliers                                               * Must not supply a hazardous chemical to a workplace if the supplier knows, or ought reasonably to know, that the chemical is not correctly labelled.
Person who is conducting a business or undertaking      * Ensure that any hazardous chemical that is used, handled or stored
                                                          at the workplace is correctly labelled in accordance with Schedule 9
                                                          of the WHS Regulations, except where:
                                                           * the hazardous chemical is a consumer product, retaining its original label and only used in workplaces in household quantities and in a way that is incidental to the nature of the work, or
                                                           * a hazardous chemical is in transit.
                                                        * Ensure that a hazardous chemical is correctly labelled if the chemical
                                                          is manufactured at the workplace; or transferred or decanted from the chemical's original container at the workplace.
Person who is conducting a business or undertaking      * Ensure, so far as reasonably practicable, that containers are correctly labelled while holding a hazardous chemical.
                                                        * Ensure that containers that are labelled for holding a hazardous chemical are used only for the use, handling or storage of the hazardous chemical.
                                                    Note: The three duties directly above do not apply if the hazardous chemical is used immediately after being put into the container and the container is thoroughly cleaned after the chemical has been used, handled or stored so it is in a condition it would be in if the container had never contained the chemical.
                                                        * Ensure, so far as is reasonably practicable, that a hazardous chemical in pipe work is identified by a label, sign or another way on or near the pipe work.

Note: a person who packages or re-labels a hazardous chemical with their own product name is considered to be a manufacturer and therefore will have the same obligations as the manufacturer or importer under the WHS Regulations to correctly label.
Under the WHS Regulations, manufacturers and importers of a substance, mixture or article have an obligation to correctly classify that substance, mixture or article. To prepare a correct and accurate label for a hazardous chemical, you need to know the correct classification of the hazardous chemical.

2.  LABELLING HAZARDOUS CHEMICALS – GENERAL INFORMATION
This chapter deals with the complete set of labelling elements that should be included on a container. A checklist for the preparation of a label is provided in Appendix B. In some situations it is