Fact Sheet 17a

Information on Hazardous Substances Regulations, Codes of Practice & Guidance Material

Contents:
Generic definition of hazardous substances
What are the Regulations?
What are the Approved Codes of Practice?
What are the Guidance Materials?
Provisions of the Regulations: Duties of manufacturers & suppliers
Provisions of the Regulations: Duties of employees
More information

Purpose of this fact sheet

To provide an overview of the regulations, codes of practice and guidance material on hazardous substances to employers and employees in the Commonwealth jurisdiction, as well as to manufacturers and suppliers of hazardous substances to the Commonwealth.

This fact sheet is the first in a series which describe the provisions of the hazardous substance regulations.

Generic definition of hazardous substances

The Australian Safety and Compensation Council (ASCC) (formerly NOHSC) provides a generic definition of hazardous substance. A hazardous substance is "a substance which has the potential, through being used at work, to harm the health or safety of persons in the workplace".

The definition takes into account the inherent properties of a substance, that is, the effect it would have on a person's health by being present or in use in the workplace.

"Use" in this definition includes the production, handling, storage, transport or disposal of substances. It also includes substances which can be produced or generated in the workplace, for example fumes from welding.
See: Fact sheet 17b What is a Hazardous Substance?

What are the Regulations?

The hazardous substances regulations (the regulations) are the Occupational Health and Safety (Safety Standards) Regulations 1994, Part 6: Hazardous Substances.

Objectives of the regulations

The objectives of the regulations are to minimise the risk to the health of people due to exposure to hazardous substances used at work by:

ensuring that hazardous substances come supplied with information such as labels and material safety data sheets (MSDS)
providing for the assessment of the risk of exposure to hazardous substances and the control of exposure to hazardous substances
providing for the training of employees who could be exposed to hazardous substances in order to enable them to assess and control their exposure
ensuring that emergency services and Comcare have access to relevant information about hazardous substances
ensuring that information from the summary reports of the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) is given to employers.

What are the Approved Codes of Practice?

The hazardous substances regulations are supported by the Occupational Health and Safety Code of Practice 2008

What are the guidance materials?

Further guidance material can be found on the ASCC website. The package index lists all national standards, national codes of practice, guidance material and amendment instruments that apply to these materials.

Provisions of the Regulations: Duties of manufacturers & suppliers

Classification

Manufacturers must determine whether a substance is hazardous. If a substance is determined to be hazardous then the manufacturer must prepare a MSDS before the substance is supplied to the employer.
See: Fact sheet 17b What is a Hazardous Substance?

MSDS

Suppliers of hazardous substances must provide a MSDS to an employer. The MSDS provides the information needed to allow the safe handling of hazardous substances at work.

The MSDS describes the identity, relevant health hazard information, precautions for use, and safe handling of a hazardous substance. The regulations stipulate what a MSDS must contain and how often they must be reviewed.
See: Fact sheet 17c Material Safety Data Sheets for Hazardous Substances.

Labelling

A supplier of a hazardous substance must ensure that the substance is appropriately labelled. The regulations describe what must be specified on a MSDS and on labels and provide for the protection of commercial secrets where this is clearly warranted.
See: Fact sheet 17d Labelling of Hazardous Substances.

Provisions of the Regulations: duties of employees

Employees must report any problems they are aware of that might affect the employer’s compliance with these regulations. Section 21 of the Occupational Health and Safety Act 1991 also refers to the employee’s obligation to cooperate with the employer to enable the employer to fulfil its duty of care. Employees must use control measures as required and cooperate with assessments, training programs and any other action taken to protect health and safety.