Work Health and Safety Amendment Regulations 2016
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Work Health and Safety Act 2012 .
13 December 2016C. WARNER
Governor
By Her Excellency's Command,
GUY BARNETT
Minister for Building and Construction
These regulations may be cited as the Work Health and Safety Amendment Regulations 2016 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Work Health and Safety Regulations 2012 are referred to as the Principal Regulations.
4. Regulation 2 amended (Commencement)
Regulation 2 of the Principal Regulations is amended by omitting subregulation (3) and substituting the following subregulations:(3) Regulations 423(2) and 479(2) take effect on 1 January 2017.(4) Regulations 168 , 169 , 170 , 178 , 179 , 180 and 181 take effect on 1 January 2019.
5. Regulation 5 amended (Interpretation)
Regulation 5(1) of the Principal Regulations is amended by omitting "7th edition, approved by the Australian Transport Council" from the definition of ADG Code and substituting "approved by the Transport and Infrastructure Council, as in force or remade from time to time, and a reference in these regulations to a provision of that document extends to the corresponding provision (if any) of the document as in force or remade".
6. Regulation 335 amended (Labelling hazardous chemicals)
Regulation 335 of the Principal Regulations is amended as follows:(a) by omitting subregulation (2) and substituting the following subregulation:(2) A hazardous chemical is correctly labelled if –(a) the selection and use of label elements is in accordance with the GHS and it complies with Part 3 of Schedule 9; or(b) the label includes content that complies with another labelling requirement imposed by these regulations or by another law of this State or of the Commonwealth and the content is the same, or substantially the same, as the content that is required by Part 3 of Schedule 9.(b) by omitting from subregulation (3)(a) "Standard for the Uniform Scheduling of Medicines and Poisons 2011 published by the Commonwealth, as in force or remade from time to time" and substituting "Poisons Standard";(c) by inserting the following subregulations after subregulation (6) :(7) This regulation does not apply to a hazardous chemical that is –(a) a veterinary chemical product within the meaning of the Agvet Code of Tasmania; and(b) listed in –(i) the Poisons Standard, Part 4, Schedule 4, if the chemical product is packaged and supplied in a form intended for direct administration to an animal for therapeutic purposes; or(ii) the Poisons Standard, Part 4, Schedule 8.(8) In this regulation –Poisons Standard means the Standard for the Uniform Scheduling of Medicines and Poisons October 2016 published by the Commonwealth, as in force or remade from time to time.
7. Regulation 341 substituted
Regulation 341 of the Principal Regulations is rescinded and the following regulation is substituted:341. Labelling hazardous chemicals – general requirement
(1) A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical used, handled or stored at the workplace is correctly labelled in accordance with regulation 335 .(2) Subregulation (1) does not apply to a hazardous chemical if the chemical –(a) was supplied before 1 January 2017; and(b) was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note
Regulation 338 applies if the chemical is being supplied to another workplace.
8. Regulation 342 amended (Labelling hazardous chemicals – containers)
Regulation 342 of the Principal Regulations is amended as follows:(a) by inserting the following subregulation after subregulation (1) :(1A) Subregulation (1) does not apply to a hazardous chemical if the chemical –(a) was manufactured, or transferred or decanted from its original container at the workplace, before 1 January 2017; and(b) was, at the time it was manufactured, or transferred or decanted from its original container at the workplace, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note
Regulation 338 applies if the chemical is being supplied to another workplace.
(b) by inserting the following subregulation after subregulation (2) :(2A) Subregulation (2) does not apply to a container if the container –(a) was supplied before 1 January 2017; and(b) was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note
Regulation 338 applies if the chemical in the container is being supplied to another workplace.
9. Schedule 13 amended (Placard Requirements)
Clause 3(3) of Schedule 13 to the Principal Regulations is amended by omitting "2007S" and substituting "2700S".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 21 December 2016
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Work Health and Safety Regulations 2012 by –(a) delaying the commencement of certain provisions of those regulations, relating to diving work, until 1 January 2019; and(b) updating the labelling requirements for certain hazardous chemicals in certain circumstances.