Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this Part,
unless the contrary intention appears —
AC classified hazardous substance means a
substance that is determined to be a hazardous substance under
regulation 5.3(3);
appointed medical practitioner means a medical
practitioner who is —
(a)
adequately trained to conduct health surveillance in relation to the hazardous
substance in question; and
(b)
appointed by the employer, a main contractor or a self‑employed person,
as the case requires, after consultation with the person in respect of whom
the health surveillance is to be conducted and after giving the person a
reasonable choice in the selection of the medical practitioner;
article means an item which —
(a)
during production is formed to a specific shape or design, or with a specific
surface; and
(b) is
used for a purpose that depends in whole or in part upon its shape, surface or
design; and
(c)
undergoes no change in chemical composition or physical state during use
except as an intrinsic aspect of that use,
but does not include fluid or a particle;
asbestos means the asbestiform variety of any
mineral silicate belonging to the serpentine or amphibole group of
rock‑forming minerals and includes the asbestiform variety of the
following —
(a)
actinolite;
(b)
grunerite or amosite (known as brown asbestos);
(c)
anthophyllite;
(d)
chrysotile (known as white asbestos);
(e)
crocidolite (known as blue asbestos);
(f)
tremolite;
biological monitoring means the measurement and
evaluation of a hazardous substance or its metabolites in a person’s
body tissues, fluids or exhaled air;
chemical name means the scientifically recognised
name given to a compound or substance based on its chemical constitution;
consumer package means a package —
(a)
intended by the supplier for retail display and sale; or
(b)
containing a number of packages referred to in paragraph (a);
container means any receptacle with a
capacity —
(a) if
the receptacle holds a solid — less than 500 kilograms; or
(b) if
the receptacle holds a liquid — less than 500 litres;
emergency services means —
(a) the
Police Force of Western Australia; or
(b) a
brigade within the meaning of the Fire Brigades Act 1942 ; or
(c) any
other department, agency or instrumentality of the Crown that may be required
to attend the scene of an emergency involving a hazardous substance;
exposure standard , in relation to a substance
specified in the National Exposure Standards [NOHSC: 1003 (1995)], means the
exposure standard specified in those Standards for the substance;
generic name means the name used to describe a
category or group of chemicals;
GHS means the Globally Harmonised System of
Classification and Labelling of Chemicals 3 rd Revised Edition (ISBN
978‑92‑1‑117006‑1);
GHS classified hazardous substance means a
substance that is determined to be a hazardous substance under
regulation 5.3(4);
hazardous substance means a substance that
is —
(a) an
AC classified hazardous substance; or
(b) a
GHS classified hazardous substance;
Hazardous Substances Information System means the
Hazardous Substances Information System published on the website maintained by
Safe Work Australia;
health surveillance means the monitoring of a
person for the purpose of identifying changes in the person’s health
status resulting from exposure to a hazardous substance;
ingredient means a component of a substance
(including an impurity) whether in a mixture or combined with that substance;
Material Safety Data Sheet or MSDS , in relation
to a substance, means a document written in English which
contains —
(a) if
the substance is an AC classified hazardous substance, the information that is
required by the National Code for the substance; or
(b) if
the substance is a GHS classified hazardous substance, the information that is
required by the National Code for the substance, except that the hazard
classification, hazard statements and precautionary statements set out in the
GHS for the substance are to be used instead of the hazard classification,
risk phrases and safety phrases required by the National Code,
whether or not the document is in the form
required by the National Code;
monitoring means the regular survey of all
measures which are used to control hazardous substances at a workplace and
includes the monitoring of the atmosphere at the workplace to derive a
quantitative estimate of the levels of hazardous substances in the air, but
does not include biological monitoring;
National Code means the National Code of Practice
for the Preparation of Material Safety Data Sheets [NOHSC: 2011 (2003)];
purchaser , in relation to a substance, means a
person who acquires the substance for valuable consideration;
record means any form in which information can be
stored, whether on a permanent basis or in a form from which information can
be reproduced;
retailer , in relation to a substance, means a
person who sells the substance to members of the public who themselves are not
engaged in any further resale of the substance;
risk phrase , in relation to a hazardous
substance, means —
(a) if
the substance is an AC classified hazardous substance, a risk phrase that
applies to the substance under the Approved Criteria for Classifying Hazardous
Substances [3 rd Edition; NOHSC: 1008 (2004)]; or
(b) if
the substance is a GHS classified hazardous substance, a hazard statement that
applies to the substance under the GHS;
safety phrase , in relation to a hazardous
substance, means —
(a) if
the substance is an AC classified hazardous substance, a safety phrase that
applies to the substance under the Approved Criteria for Classifying Hazardous
Substances [3 rd Edition; NOHSC: 1008 (2004)]; or
(b) if
the substance is a GHS classified hazardous substance, a precautionary
statement that applies to the substance under the GHS;
Safe Work Australia means Safe Work Australia
established under the Safe Work Australia Act 2008 (Commonwealth);
substance means any natural or artificial entity,
composite material, mixture or formulation, other than an article;
supplier , in relation to a hazardous substance,
includes —
(a) a
wholesaler, distributor, warehouse operator or other person who supplies the
substance; and
(b) a
person who manufactures or imports the substance,
but does not include a retailer;
type I ingredient means an ingredient described as
a type I ingredient in Schedule 5.1;
type II ingredient means an ingredient described
as a type II ingredient in Schedule 5.1;
type III ingredient means an ingredient described
as a type III ingredient in Schedule 5.1;
use , in relation to a hazardous substance, or an
article containing a Schedule 5.6 substance, includes the production,
handling, storage, transport or disposal of the substance or article but does
not include —
(a) the
holding of a substance or article in transit for less than 2 working
days; or
(b)
transportation of a substance or article in compliance with the ADG Code , the
International Maritime Dangerous Goods Code , the Technical Instructions for
the Safe Transport of Dangerous Goods by Air or a law of the Commonwealth
regulating the transportation of the substance or article;
warehouse operator means a person who operates a
warehouse where unopened packaged goods intended for supply to a retailer are
held on the premises.
(2) In
subregulation (1) a reference to —
(a) the
ADG Code is a reference to —
(i)
before 1 January 2010 — the
Australian Code for the Transport of Dangerous Goods by Road and Rail , Sixth
Edition, 1998, published by the Australian Government Publishing Service,
Canberra (ISBN 0 642 25554 7 and 0 642 25560 1);
and
(ii)
on and after 1 January 2010 — the
Australian Code for the Transport of Dangerous Goods by Road and Rail ,
Seventh Edition, 2007, published by the Australian Government Publishing
Service, Canberra (ISBN 1 921168 57 9);
and
(b) the
International Maritime Dangerous Goods Code is a reference to the code
prepared by the Inter‑Governmental Consultative Organisation, published
by the Australian Government Publishing Service, Canberra, 1979, Catalogue
Code 7992010; and
(c) the
Technical Instructions for the Safe Transport of Dangerous Goods by Air is a
reference to the instructions prepared by the International Civil Aviation
Organisation (ICAO).
[(3) deleted]
[Regulation 5.1 amended in Gazette
17 Dec 1999 p. 6234; 30 Dec 2003
p. 5737‑8; 7 Jan 2005 p. 77; 27 Apr 2007
p. 1776; 3 Jul 2007 p. 3293; 5 Jun 2009
p. 1879‑80; 10 Dec 2010 p. 6277‑9; 9 Sep
2011 p. 3687.]