Document ID: chunk:federal_register_of_legislation:F2024C01055:front:0:p10
Version: federal_register_of_legislation:F2024C01055
Segment Type: other
Provision Reference: 
Character Range: 23664–26406

3, to cancel an exemption:
 (i) paragraph 1.04(2)(a);
 (ii) paragraph 2.06(2)(a).

2.11  Use of Material Safety Data Sheets
Note: The use of MSDS will allow assessment of the risks of hazardous substances and enable any necessary controls to be established. Further guidance on the use of MSDS can be found in the National Code of Practice for the Control of Workplace Hazardous Substances [NOHSC:2007 (1994)].
 (1) An operator must obtain an MSDS for a hazardous substance, from the supplier who supplies the substance to the operator, not later than the time at which the substance is first supplied to the operator.
Penalty: 10 penalty units.
Note: For hazardous substances that are in use but supplied before this subregulation commences, see Division 5.
 (2) An operator must ensure that the MSDS obtained for a hazardous substance is readily accessible to each of the employees and contractors who could be exposed to the substance.
Penalty: 10 penalty units.
 (3) Subject to subregulation (4), an operator must ensure that the information in each copy of an MSDS under the operator's control is not altered.
Penalty: 10 penalty units.
 (4) An operator may change the appearance of an MSDS for the following purposes only:
 (a) to make the format of the MSDS consistent with the format described in the National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC:2011 (1994)];
 (b) to allow the MSDS to be prepared for dissemination by electronic means;
 (c) to allow the operator to attach to the MSDS additional information that is marked clearly as not forming part of the information given by the supplier;
 (d) to translate the MSDS into a language other than the language in which the MSDS was given to the operator.

2.12  Use of labels
Note: The purpose of labels is to ensure that the contents of a container used for hazardous substances can be readily identified by product name and to draw the attention of a person who is using the substance to any significant hazards involved.
 (1) Subject to subregulation (4), an operator must ensure that:
 (a) each container that holds a hazardous substance used at a workplace under the operator's control, including a container supplied to or produced at the workplace, is labelled; and
 (b) the label:
 (i) is in accordance with paragraph 2.06(1)(b); or
 (ii) if the container is a container into which a hazardous substance is decanted—sets out the substance's product name and the substance's risk phrases and safety phrases; and
 (c) a person does not remove, deface, modify or alter the label.
Penalty: 10 penalty units.
 (2) Strict liability applies to subparagraph (1)(b)(i).
 (3) Subject to subregulation (4), an operator must ensure that a container