Document ID: chunk:federal_register_of_legislation:F2016L00420:front:0:p6
Version: federal_register_of_legislation:F2016L00420
Segment Type: other
Provision Reference: 
Character Range: 13417–16290

take reasonable care for their own health and safety and must not adversely affect the health and safety of other persons. Workers must comply with any reasonable instruction and cooperate with any reasonable policy or procedure relating to the use, handling and storage of hazardous chemicals at the workplace.

1.3 What is required to manage the risks associated with hazardous chemicals?

Regulation 351: A person conducting a business or undertaking must manage risks associated with using, handling, generating or storing of hazardous chemicals at a workplace.
Regulation 32-38: In order to manage risk under the WHS Regulations, a duty holder must:
a)  identify reasonably foreseeable hazards that could give rise to the risk
b)  eliminate the risk so far as is reasonably practicable
c)  if it is not reasonably practicable to eliminate the risk – minimise the risk so far as is reasonably practicable by implementing control measures in accordance with the hierarchy of risk control
d)  maintain the implemented control measure so that it remains effective
e)  review, and if necessary revise all risk control measures so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health and safety.
This Code provides guidance on how to manage the risks associated with hazardous chemicals in the workplace by following a systematic process that involves:
    * identifying hazards
    * if necessary, assessing the risks associated with these hazards
    * eliminating or minimising the risks by implementing and maintaining control measures
    * reviewing control measures to ensure they are effective.
When managing the risks, regard must be had to the following factors:
    * the hazardous properties of the hazardous chemical
    * any potentially hazardous reaction (chemical or physical) between the hazardous chemical and another substance or mixture, including a substance that may be generated by the reaction
    * the nature of the work to be carried out with the hazardous chemical
    * any structure, plant or system of work that:
          +  is used in the use, handling, generation or storage of the hazardous chemical
          +  could interact with the hazardous chemical at the workplace.
Guidance on the general risk management process is available in the Code of Practice: How
to Manage Work Health and Safety Risks.

Consulting your workers

Section 47: The WHS Act requires that you consult, so far as is reasonably practicable, with workers who carry out work for you who are (or are likely to be) directly affected by a work 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