Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:354
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 354
Character Range: 477688–479371

354  Identification of risk of physical or chemical reaction
 (1) A person conducting a business or undertaking at a workplace must identify any risk of a physical or chemical reaction in relation to a hazardous chemical used, handled, generated or stored at a workplace.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (2) Subregulation (1) does not apply if the hazardous chemical undergoes the physical or chemical reaction in a manufacturing process or as part of a deliberate process or activity at the workplace.
 (3) A person conducting a business or undertaking at a workplace must take all reasonable steps to ensure that a hazardous chemical is used, handled, generated or stored so as not to contaminate food, food packaging or personal use products.
Example: Personal use products, including the following:
(a) cosmetics;
(b) face washer.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (4) Subregulation (3) does not apply to the use of a hazardous chemical for agricultural purposes if:
 (a) the hazardous chemical is used in accordance with a relevant law of a State specified in a corresponding WHS law; or
 (b) if no relevant law of a State is specified in a corresponding WHS law—the hazardous chemical is regulated under another law of the State.