Federal Register of Legislation - Australian Government

Primary content

Exemptions as made
This instrument provides an exemption for manufacturers, importers, suppliers and end users of chemicals who comply with GHS 7 to be exempt from certain Work Health and Safety regulations as agreed by Safe Work Australia Members.
Administered by: Attorney-General's
Registered 25 Sep 2020
Tabling HistoryDate
Tabled HR06-Oct-2020
Tabled Senate06-Oct-2020
To be repealed 01 Jan 2021
Repealed by Self Repealing

 

 

Work Health and Safety Regulations 2011

Regulation 684

Work Health and Safety (Hazardous Chemicals) Exemption 2020

Delayed start to transitional period to GHS 7

 

Comcare, acting under regulation 684 of the Work Health and Safety Regulations 2011 (WHS Regulations), having taken into account all relevant matters, grants an exemption from compliance with regulations 329, 330(1), 330(2), 330(3), 335, 338, 341, 342(1), 342(2) and 345 of the WHS Regulations on the terms prescribed in the attached Exemption Instrument.

 

Dated this 16th day of September 2020

 

Signed

 

Justin Napier
General Manager, Regulatory Operations Group, Comcare

 

EXEMPTION INSTRUMENT

 

1.     Name

This instrument may be cited as the Work Health and Safety (Hazardous Chemicals) Exemption 2020.

2.     Commencement

This instrument commences 1 July 2020.

3.     Repeal and Expiration

This instrument is repealed and expires at the start of 1 January 2021.

4.     Authority

This instrument is made under regulation 684 of the Work Health and Safety Regulations 2011.

5.     Definitions

For the purposes of this Exemption:

GHS has the same meaning as in the WHS Regulations.

GHS 7 means the Globally Harmonised System of Classification and Labelling of Chemicals, Seventh revised edition, published by the United Nations as if it were modified by Schedule 6 to the WHS Regulations.

6.     Applicant

This Exemption is a class exemption made by Comcare on its own initiative.

7.     Persons to whom the Exemption applies

(1) This Exemption applies to the following classes of persons:

(a)  manufacturers and importers of hazardous chemicals;

(b) suppliers of hazardous chemicals; and

(c)  a person conducting a business or undertaking (PCBU).

(2) Subject to the conditions in subclause (3) below:

(a)  manufacturers and importers of hazardous chemicals are exempt from the requirements of regulations 329, 330(1), 330(2), 330(3), and 335 of the WHS Regulations; and

(b) suppliers of hazardous chemicals are exempt from the requirements of regulation 338 of the WHS Regulations; and

(c)  a PCBU at a workplace is exempt from the requirements in regulations 341, 342(1), 342(2) and 345.

(3) Subclause (2) applies provided that:

(a)  the person manufactured, imported, supplied, labelled, transferred or decanted the hazardous chemical after 1 July 2020; and

(b) the person complies with the WHS Regulations as if the WHS Regulations were amended as follows:

(i)                each reference to ‘GHS’ is a reference to ‘GHS 7’; and

(ii)              the text “: Product identifier and chemical identity” is omitted from Clause 1(2)(a) of Schedule 7; and

(iii)            the text “, including how the chemical may be safely used” is omitted from Clause 1(2)(g) of Schedule 7.