Purpose of this fact sheet

To provide an overview of the definition of hazardous substances for employers and employees in the Commonwealth jurisdiction. It outlines what a hazardous substance is under the regulations.

This fact sheet is one of a series which describes the provisions of the hazardous substances regulations, codes of practice and guidance material.

What is a hazardous substance?

A generic definition of a hazardous substance is provided by the Australian Safety and Compensation Council (ASCC)  (formerly NOHSC) as "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 and the effect it would have on a person's health by being present or in use in the workplace.

"Use" in this definition means, in relation to a hazardous substance at a workplace, to produce, handle, store, transport or dispose of the substance at the workplace.

In the regulations, a hazardous substance means a substance:

• that is described in the ASCC List of Designated Hazardous Substances
• that has been determined to be a hazardous substance by its manufacturer in writing and in accordance with the ASCC Approved Criteria for Classifying Hazardous Substances
• that has been listed in Schedules 1A, 1 or 2 of the Occupational Health and Safety (Safety Standards) Regulations 1994.

Manufacturers must determine whether a substance is hazardous to health. If a substance is hazardous then it must be appropriately labelled and a material safety data sheet (MSDS) prepared.

Suppliers must provide a copy of the MSDS to employers and ensure that each container is appropriately labelled. (See fact sheet Material Safety Data Sheet for Hazards Substances and fact sheet Labelling of Hazardous Substances.)

Label

The label must clearly identify the hazardous substance, its risks and safety information. The MSDS will provide information needed to allow the safe handling of hazardous substances used at work. The MSDS for a substance describes its identity, relevant health hazard information, and precautions for use and safe handling information.

Hazards arising from hazardous substances

The hazardous substances regulations apply to substances that have health hazards as listed below. The regulations apply to those hazardous substances that are used or produced in a work activity.

Hazardous Substances are:

• harmful/toxic - causing transient or permanent damage to body functions
• corrosive - causing damage to living tissue
• irritant - causing local irritation to living tissue
• sensitising - causing an allergic reaction
• carcinogenic - causing cancer
• mutagenic - causing genetic damage
• a substance toxic to human reproduction.

Hazardous substances are mainly industrial chemicals. They are a small subset of all industrial chemicals. The regulations do not apply to cosmetics, food, therapeutic goods, tobacco or toiletries except if they are used or produced in a work activity.

Radioactive and infectious substances are not the subject of these regulations. (Refer to fact sheet No. 4 Guide to Commonwealth OH&S Regulations & Codes of Practice.)

How to find out whether a substance is hazardous

Manufacturers must determine whether substances are hazardous to health by referring to the ASCC List of Designated Hazardous Substances or the Approved Criteria for Classifying Hazardous Substances. If a substance is hazardous, it must be appropriately labelled and a MSDS must be provided. The MSDS contains information on the hazards of the substance and how these can be managed.

For users, the easiest way to determine if a substance is hazardous is to look on the label for the words "hazardous", "warning", "poison", "dangerous poison", "harmful", or "corrosive", or other advice about specific health effects. However the MSDS is the main source of information about whether a substance is hazardous. Always follow the instructions on labels or the MSDS. The supplier of a hazardous substance must provide a MSDS which can be checked for information about the health hazard.

For substances produced in the workplace, such as by-products or emissions, for which there is no label or MSDS, the employer will need to identify the substance and check the ASCC List of Designated Hazardous Substances and the schedule of substances in the regulations to find out if they are hazardous.

Types of substances which may be hazardous include solvents, pesticides, paints, adhesives, petroleum products, heavy metals and other industrial chemicals.

What if you are still uncertain?

Always assume a substance to be hazardous unless there is information to show that it is not. Additional information can be requested from the manufacturer or other supplier, or assistance from your OHS Adviser or State OHS Manager of Comcare.

The ASCC Approved Criteria for Classifying Hazardous Substances may also be used, although it is the responsibility of manufacturers to classify substances rather than users of hazardous substances.

Additional information

 Code of Practice:

• Occupational Health and Safety Code of Practice 2008 

Additional fact sheets in this series on hazardous substances:

• Information on the Hazardous Substances Regulations, Codes of Practice and Guidance Material - No. 17a
• What is a Hazardous Substance? - No. 17b
• Material Safety Data Sheets for Hazardous Substances - No. 17c
• Labelling of Hazardous Substances - No. 17d
• Information Employers Must Obtain and Provide about Hazardous Substances - No. 17e
• Information Manufacturers and Suppliers Must Provide about Hazardous Substances - No. 17f
• Risk Management Approach to Hazardous Substances - No. 17g
• Training Employees Should Have about Hazardous Substances - No. 17h
• Health Surveillance and Atmospheric Monitoring for Hazardous Substances - No. 17i

Government authorities:

• Australian Safety and Compensation Council, website ascc.gov.au or telephone: 02 6121-5317

For further information about this fact sheet, or others in the series, please contact Comcare on the General Enquiry Line 1300 366 979 or visit our internet website on comcare.gov.au