Document ID: chunk:federal_register_of_legislation:F2016L00420:front:0:p7
Version: federal_register_of_legislation:F2016L00420
Segment Type: other
Provision Reference: 
Character Range: 16019–18956

health and safety matter.
Section 48: If the workers are represented by a health and safety representative, the consultation must involve that representative.
Consultation with workers and their health and safety representatives is a critical step of managing work health and safety risks. Consulting with and involving workers in the risk management process can assist in ensuring that safety instructions and safe work practices are complied with.

Health and safety representatives must have access to relevant information on matters that can affect the health and safety of workers, for example, hazardous chemicals register and data from monitoring airborne contaminants.

Consulting, co-operating and co-ordinating activities with other duty holders
Section 46: The WHS Act requires that you consult, co-operate and co-ordinate activities with all other persons who have a work health or safety duty in relation to the same matter, so far as is reasonably practicable.
Sometimes you may share responsibility for a health and safety matter with other business operators who are involved in the same activities or who share the same workplace. In these situations, you should exchange information to find out who is doing what and work together in
a co-operative and co-ordinated way so that all risks are eliminated or minimised as far as reasonably practicable.

For example, if you engage a contractor to carry out cleaning at your workplace that involves
the use of chemicals, you should find out what is being used, whether there are any hazards associated with the chemicals and how the risks will be controlled. This might, for example,
include jointly preparing a risk assessment for the chemicals being used, how they will be handled and measures that should be taken to eliminate or minimise exposure.  After the risk assessment has been prepared, it is important for all duty holders to co-operate and co-ordinate activities with each other to implement the control measures.

Further guidance on consultation is available in the Code of Practice: Work Health and Safety Consultation, Co-operation and Co-ordination.

1.4 Prohibited and restricted hazardous chemicals
The WHS Regulations prohibit or restrict the use, storage or handling of certain hazardous chemicals in certain situations. For example, substances containing arsenic must not be used in spray painting or abrasive blasting, while a number of carcinogens such as 4-nitrodiphenyls are prohibited from all uses except for genuine research or analysis authorised by the regulator. Certain chemicals can be used, handled or stored in the workplace after receiving approval from the regulator. Schedule 10 of the WHS Regulations provides further information on the hazardous chemicals that are restricted or prohibited for use (see Appendix C of this Code).

1.5 Exposure standards
Regulation 49: A person conducting a business or undertaking must ensure that