Specific WHS risks: dangerous chemicals and notifiable incidents

NATIONAL

Under the Work Health and Safety Act and regulations, members are considered a ‘person conducting a business or undertaking’ (PCBU). This means that they have a primary duty of care to ensure, as far as reasonably practicable, the health and safety of their workers, visitors and customers who may be affected or put at risk by the carrying out of work. Health and safety obligations also apply to the ‘officers’ of the PCBU, such as the individual business owners, people who make or participate in making decisions that affect the whole/ substantial part of the business, and directors and secretaries.

These health and safety obligations extend to managing risks associated with using, handling, generating and storing hazardous chemicals.

What are hazardous chemicals?

‘Hazardous chemicals’ are substances, mixtures or articles that can have an adverse effect on health following exposure. Manufacturers, importers, and suppliers of hazardous chemicals must prepare, amend, provide and review a Safety Data Sheet (SDS) for each hazardous chemical. Non-hazardous chemicals are those that do not generally present a threat to the health and safety of workers if used correctly and safely. Examples of hazardous chemicals that Members may use include cleaning and disinfecting fluids and solutions and chemicals and solvents used in the operation of machinery and equipment.

PCBU obligations

Member PCBUs have the following obligations in respect of hazardous chemicals:

• to ensure that hazardous chemicals and their container or pipework are correctly labelled;

• to obtain the SDS no later than when the chemical is first supplied or as soon as practicable after supply but before use;

• to ensure the current SDS is readily accessible to workers who use the hazardous chemical, to emergency service workers and anyone else likely to be exposed;

• to ensure that a register of hazardous chemicals is prepared and kept up to date and readily accessible to workers who use, handle or store the hazardous chemical and anyone else likely to be exposed;

• to ensure that a system is used for the use, handling and storage of hazardous chemicals only for the purpose that it was manufactured for, and is operated, tested and maintained with regard to the safety of workers or others;

• to provide any supervision necessary to protect workers from health and safety risks arising from work at the workplace, including work involving the use, handling, generation or storage of hazardous chemicals, the operation of a storage system for hazardous chemical or likely exposure to a hazardous chemical; • to ensure any measures implemented to control risks in relation to hazardous chemicals are reviewed and, as necessary, revised;

• if there is a possibility of fire or explosion in a hazardous area, to ensure ignition sources are not introduced into the area;

• to ensure, as far as reasonably practicable, that hazardous chemicals do not become unstable, decompose or change, so as to create a hazard different from the original hazard;

• to ensure that where there is the risk of spill or leak, provision is made for spill containment system; and

• to ensure that health monitoring is provided if a worker is carrying out ongoing work with hazardous chemicals and where there is a significant risk to their health because of exposure to hazardous chemicals.

Please contact the Employment Lawyer team on 1800 888 479 option 1 for further information regarding risk management concerning hazardous chemicals.