Commonwealth Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY (SAFETY STANDARDS) REGULATIONS 1994 - REG 6.17

Note    The purpose of an assessment is to enable decisions to be made about appropriate control measures, induction and training, monitoring and health surveillance commensurate with the level of risk that arises from use of a hazardous substance at work. Guidance on assessments can be found in the National Code of Practice for the Control of Workplace Hazardous Substances [NOHSC:2007(1994)] and the Guidance Note for the Assessment of Health Risks Arising From the Use of Hazardous Substances in the Workplace [NOHSC:3017 (1994)].

         (1)   An employer must ensure that an assessment is made, in accordance with this regulation, of the risks to health caused by work that involves potential exposure to a hazardous substance.

Penalty:   10 penalty units.

         (2)   An assessment must include:

                (a)    the identification of each hazardous substance that is used in the course of work; and

              (aa)    if a job involves the use of an inorganic lead substance -- a determination of whether the job is a lead-risk job; and

               (b)    an examination of the MSDS required, under these Regulations, for each hazardous substance; and

                (c)    if an MSDS cannot reasonably be obtained for examination -- an examination of information, equivalent to the information that is required to be included in an MSDS, relating to:

                          (i)    any hazard to health relating to the hazardous substance; and

                         (ii)    the precautions to be followed in relation to the safe use and handling of the hazardous substance; and

               (d)    if the hazardous substance is kept in an unopened consumer package -- an examination of each label that appears on the package; and

                (e)    the identification of any risk to health, arising from exposure to each hazardous substance that is identified, of which the employer knows, or that the employer ought reasonably to expect.

         (3)   The employer may undertake a generic risk assessment of risks to health if:

                (a)    the risk assessment is carried out only in relation to work:

                          (i)    that is performed using the hazardous substance; and

                         (ii)    for which the risk factors are identical in all cases; and

               (b)    the risk assessment is designed to identify any differences in the nature of work performed using the hazardous substance that could result in a change to the risk factors associated with the performance of the work; and

                (c)    it is not practicable for the employer to undertake a separate risk assessment for each workplace at which the hazardous substance is used.

         (4)   If the employer decides there is not a significant risk to health from the use of a hazardous substance at work, the employer must ensure that:

                (a)    the hazardous substance is included in the register referred to in subregulation 6.14 (1); and

               (b)    the register is noted to indicate compliance with the requirements referred to in subregulation (2).

Penalty:   10 penalty units.

         (5)   If an employer decides that there is a significant risk to health from the use of a particular hazardous substance at work, the employer must ensure that:

                (a)    regulations 6.19, 6.20 and 6.21 are complied with; and

               (b)    a report on the assessment is prepared; and

                (c)    the register is amended to indicate compliance with the requirements of this Part.

Penalty:   10 penalty units.

Note    Assessment reports should reflect the detail of the assessment including sufficient information to show why decisions about risks and precautions were made. Further guidance on deciding if the risk is significant can be found in the National Code of Practice for the Control of Workplace Hazardous Substances [NOHSC:2007 (1994)] and the Guidance Note for the Assessment of Health Risks Arising from the Use of Hazardous Substances in the Workplace [NOHSC:3017 (1994)].

         (6)   An employer must revise a risk assessment if:

                (a)    the employer knows, or ought reasonably to be expected to know, of evidence that the assessment is no longer valid; or

               (b)    there has been a significant change in the work to which the assessment relates.

Penalty:   10 penalty units.

         (7)   In addition to subregulation (6), an employer must review a risk assessment:

                (a)    at least once in the period of 5 years commencing on the day on which the assessment is completed; and

               (b)    at least once in each subsequent period of 5 years.

Penalty:   10 penalty units.

         (8)   An employer must ensure that a report prepared under this Regulation is readily accessible to an employee who could be exposed to a hazardous substance to which the report relates.

Penalty:   10 penalty units.