Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person who
manufactures or imports a hazardous substance for use at a workplace
must —
(a)
prepare an MSDS for the hazardous substance; and
(b)
ensure that the MSDS is available before the hazardous substance is supplied
to the workplace; and
(c)
review and revise the MSDS as often as is reasonably necessary to keep it up
to date and, in any event, at least every 5 years.
(2) A person who
manufactures or imports a hazardous substance for use at a workplace must
disclose in the MSDS for the hazardous substance —
(a) the
chemical name of any type I ingredient of the hazardous substance; and
(b) the
chemical name of any type II ingredient of the hazardous substance or, if the
identity of a type II ingredient of the hazardous substance is commercially
confidential, the generic name of the ingredient; and
(c)
subject to subregulation (3), either the chemical name or a generic name
of any type III ingredient of the hazardous substance.
(3) If the disclosure
of a generic name of a type III ingredient does not, in the opinion of the
person who manufactured or imported the hazardous substance, provide
sufficient commercial protection and the type III ingredient —
(a) is
not itself a hazardous substance; and
(b) does
not have known synergistic effects with other ingredients in the hazardous
substance,
then the phrase
“Other ingredients determined not to be hazardous” may be used
instead of the chemical name or generic name.
Penalty applicable to subregulations (1) and
(2) for a person who commits the offence as an employee: the
regulation 1.15 penalty.
Penalty applicable to subregulations (1) and
(2) in any other case: the regulation 1.16 penalty.
[Regulation 5.5 amended in Gazette
17 Dec 1999 p. 6235; 14 Dec 2004 p. 6017.]