Document ID: chunk:federal_register_of_legislation:F2016L00424:front:0:p4
Version: federal_register_of_legislation:F2016L00424
Segment Type: other
Provision Reference: 
Character Range: 8150–11104

first manufacturing or importing the hazardous chemical.
                                                       * Must review the SDS at least once every 5 years and amend whenever necessary to ensure it contains correct current information.
                                                       * Must provide the current SDS to any person, if the person is likely to be affected by the chemical or asks for the SDS.

Person conducting a business or undertaking            * May change an SDS for a hazardous chemical only if:
                                                             + the person is an importer or manufacturer; and changes the safety data sheet in a way that is consistent with the duties of the importer or manufacturer; or
                                                             + the change is to attach a translation of the SDS, and clearly states that the translation is not part of the original SDS.

Note: a person who packages or relabels a hazardous chemical with their own product name is considered to be a manufacturer and therefore has the same obligations as a manufacturer or importer under the WHS Regulations to prepare an SDS.
Under the WHS Regulations, manufacturers and importers of a substance, mixture or article have an obligation, before first supplying it to a workplace, to determine whether it is a hazardous chemical and, if so, to correctly classify that substance, mixture or article. The person writing the SDS should have appropriate expertise and have access to the product formulation and information on its correct hazard classification.

1.4 When is it necessary to prepare a safety data sheet?
Regulation 330: A safety data sheet must be prepared before first manufacturing or importing a hazardous chemical, or if this is not possible, as soon as practicable after first manufacturing or importing the chemical.
Preparing and providing an SDS is mandatory where a substance, mixture or article is a hazardous chemical. However, the WHS Regulations do not require an SDS to be prepared for any of the following chemicals (although the general duty of care requirements under the WHS Act still apply):
    * chemicals in batteries while they are incorporated in plant
    * fuel, oils or coolants in a container that is fitted to a vehicle, vessel or aircraft, mobile plant, appliance or other device, where the fuel, oils or coolants are intended for use in its operation
    * fuel in the fuel container of a domestic or portable fuel burning appliance where the quantity of fuel does not exceed 25 kg or 25 litres
    * hazardous chemicals in portable fire-fighting or medical equipment for use at a workplace
    * hazardous chemicals that form part of the integrated refrigeration system of refrigerated freight containers
    * potable liquids that are consumer products at retail premises.
The following things are excluded from the scope of the WHS Regulations except to the extent