Chemical regulations

Asia-Pacific (APAC)

Australia - Work Health and Safety (WHS)

What is Work Health and Safety (WHS)?

In Australia, the management of chemical safety in the workplace is primarily governed by Work Health and Safety (WHS) laws. These laws are implemented by each state and territory, but they are based on a model framework developed by Safe Work Australia. The goal is to provide a nationally consistent approach to protecting workers and other persons from harm by minimizing risks that arise from work.

 

A fundamental part of these regulations is the adoption of the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Australia has implemented the revised 7th edition (GHS 7), but it excludes certain hazard categories found in the Purple Book.

 

Unlike other systems, Australia does not have a mandatory, legally-enforceable hazard classification inventory. However, Safe Work Australia provides a database of classified chemicals—the Hazardous Chemical Information System (HCIS)—which serves as a non-mandatory reference guide for industry. The ultimate responsibility for correct classification falls on the importer or manufacturer.

How to create a Safety Data Sheet (SDS) according to Work Health and Safety (WHS)?

According to WHS regulations, an SDS in Australia must:

 

  • Be in English.
  • Contain information applicable to Australian regulations.
  • Be reviewed and updated at least every 5 years, or sooner if new relevant information becomes available.

 

Regarding the content of the Safety Data Sheet (SDS) under WHS, the "Model Code of Practice: Preparation of Safety Data Sheets for Hazardous Chemicals" specifies what to include in the SDS and provides a compliance checklist.

 

As in other regions of the world, the SDS contains 16 mandatory sections:

 

Section 1 – Identification: product identifier and chemical identity 

Section 2 – Hazard(s) identification 

Section 3 – Composition and information on ingredients 

Section 4 – First aid measures 

Section 5 – Firefighting measures 

Section 6 – Accidental release measures 

Section 7– Handling and storage, including how the chemical may be safely used 

Section 8 – Exposure controls and personal protection 

Section 9 – Physical and chemical properties 

Section 10 – Stability and reactivity 

Section 11 – Toxicological information 

Section 12 – Ecological information 

Section 13 – Disposal considerations 

Section 14 – Transport information 

Section 15 – Regulatory information 

Section 16 – Any other relevant information

 

How are chemical labeling requirements handled in Australia?

 

Workplace Labeling

 

Labeling is the most immediate hazard communication tool for workers. Any hazardous substance supplied for use in a workplace in Australia must be labeled in accordance with the Model Code of Practice: Labelling of Workplace Hazardous Chemicals.

 

The mandatory elements on the label are:

 

  • Product Identifier: The name used to identify it on the SDS.
  • Australian Importer’s or Manufacturer’s Details: Name, address, and telephone number.
  • Signal Word: "Danger" or "Warning," based on the severity of the hazard.
  • Hazard Pictograms: The corresponding GHS graphical symbols.
  • Hazard Statements (H-Phrases): Describe the nature of the hazard.
  • Precautionary Statements (P-Phrases): Describe recommended measures to minimize or prevent adverse effects.

 

Consumer Product Labeling

 

The labeling of these products is mainly governed by the Australian Consumer Law (ACL), administered by the ACCC (Australian Competition and Consumer Commission) and state and territorial agencies. The key technical standard is the Consumer Chemicals Code.

 

In addition to the requirements set out by the Model Code of Practice for workplace labeling, a product intended for consumers in Australia must display:

 

  • First Aid Instructions
  • Hazardous Ingredients Declaration
  • Use Instructions

Is there an Australian Chemical Inventory to consider?

 The Australian Industrial Chemicals Introduction Scheme (AICIS) is the national scheme that regulates the importation and manufacture of industrial chemicals in Australia. Managed by the Department of Health, its primary function is to assess the risks industrial chemicals may pose to human health and the environment.

 

Every industrial chemical substance must be listed on the AICIS Inventory to be introduced into the country. If a substance is not on the inventory, it is considered a "new substance" and must go through an assessment and certification process before its introduction. For Regulatory Affairs professionals, checking a substance's status on the AICIS Inventory is a critical step to ensure regulatory compliance.

 

This is also information that must be included in Section 15 of the Safety Data Sheet (SDS) for any chemical product marketed in Australia.

What are the mandatory training requirements under Work Health and Safety (WHS)?

WHS regulations place a duty on employers to provide the necessary information, training, instruction, and supervision to protect workers from risks to their health and safety arising from their work. This includes:

 

  • Understanding the content of labels and SDSs.
  • Knowing the specific hazards of the chemicals they work with.
  • Applying safe work procedures and the correct use of Personal Protective Equipment (PPE).
  • Knowing how to respond in an emergency.

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