Duties of a person conducting a business or undertaking
An employer, also known as a person conducting a business or undertaking (PCBU), has a primary duty of care to eliminate or minimise risks to workers and others so far as is reasonably practicable.
PCBUs must:
- consult workers and health and safety representatives (where present) who may be exposed to the hazardous chemical at the workplace about how it will be used and the safest method of use
- obtain a safety data sheet (SDS) from the importer before or when a hazardous chemical is first supplied to the workplace
- keep a current hazardous chemicals register of all hazardous chemicals used at the workplace and ensure it is readily available
- provide information and training to people likely to be exposed to a hazardous chemical before they start work, including:
- the potential health risks and any toxic effects
- the control measures and their correct use
- correct care and use of personal protective equipment (PPE)
- any need for, and details of, health monitoring
- keep records of the information and training provided
- reduce the risk of exposure by first trying to prevent it altogether. If that is not practicable, use controls other than PPE. Only use PPE when other controls are not practical or sufficient
- make sure no one at the workplace is exposed to a hazardous chemical above its workplace exposure standard (WES), also known as a workplace exposure limit (WEL)
- conduct air monitoring and implement a health monitoring program for workers, where required
- for mine sites, implement a health management plan as part of the mine safety management system.
Duties of manufacturers and importers
Manufacturers and importers must:
- determine whether substances they manufacture or import are hazardous chemicals
- make sure the substance does not present a hazard when used as directed, as far as reasonably practicable
- carry out any necessary testing or analysis and share that information with others in the supply or use chain when needed for safety
- before the hazardous chemical is supplied to workplaces, prepare a safety data sheet (SDS) and ensure it is available
- review and revise the SDS as often as necessary to keep it up to date, and at least every five years
- provide the SDS to any person who may be exposed to the substance and requests a copy
- correctly label the hazardous chemicals they supply.
Labelling requirements for hazardous chemicals
Hazardous chemicals must be labelled in accordance with the Labelling of workplace hazardous chemicals: Code of practice.
Resources and guidance
- How to manage work health and safety risks: Code of practice
- Managing risks of hazardous chemicals in the workplace: Code of practice
- Mine safety management system: Code of practice
- Work health and safety consultation, cooperation and coordination: Code of practice
- Preparation of safety data sheets for hazardous chemicals: Code of practice