REQUIREMENT TO KEEP A REGISTER OF DANGEROUS SUBSTANCES AND SAFETY DATA SHEETS
To assist a person in control of premises, where dangerous substances are handled, to create a Register of Dangerous Substances, summarise the totals of dangerous substances by class and packing group, determine if a placard quantity exists and provide a Placard Quantity Notice to WorkCover (if required), the following four (4) step process has been established;
Step 1: Create a Register of Dangerous Substances (a register).
Step 2: Summarise the totals of dangerous substances in the register by class and packing group.
Step 3: Determine if a placard quantity exists and if so in how many different ways.
Step 4: Complete and submit a Placard Quantity Notice (if a placard quantity exists).
Templates and further written procedures are available from WorkSafe ACT to assist in working through each of these steps.
The creation and keeping of the Register of Dangerous Substances however has raised many questions.
Q1. WHAT IS A REGISTER OF DANGEROUS SUBSTANCES?
A register of dangerous substances is a list of each dangerous substance handled at the premises, together with a safety data sheet for the substance.
Q2. WHO MUST KEEP A REGISTER?
Under the Dangerous Substances (General) Regulation 2004, Chapter 2 – Certain dangerous substances, both Registrable and Non-Registrable premises are required to keep a Register of Dangerous Substances.
Registrable premises (are premises where at least one placard quantity of dangerous substances exists) Note: a placard quantity is when a quantity of a single class or alternatively mixed classes at the premises exceed certain thresholds as defined in Schedule 1 of the Dangerous Substances (General) Regulation 2004. As little as 50kgs/litres can make a placard quantity in a particular class whilst you may need 50,000 litres in another class to achieve a placard quantity.
Section 249 - Register of dangerous substances
(1) A person in control of registrable premises must ensure that—
(a) a register is kept for dangerous substances handled at the premises; and
(b) the register contains a list of each dangerous substance handled at the premises, together with a safety data sheet for the substance (if required under section 248 (Keeping safety data sheets)); and
(c) the register is readily accessible to people at the premises.
Maximum penalty: 30 penalty units.
(3) An offence against this section is a strict liability offence.
Note Section 298 (Non-registrable premises—register of dangerous substances) imposes the same requirement for non-registrable premises.
Non Registrable premises (premises where no placard quantity of dangerous substances exists)
298 Non-registrable premises—register of dangerous substances
(1) A person in control of non-registrable premises must ensure that—
(b) the register contains a list of each dangerous substance handled at the premises, together with the safety data sheet for the substance (if required under section 297 (Non-registrable premises—safety data sheets)); and
Maximum penalty: 15 penalty units.
Q3. WHO IS EXEMPT FROM KEEPING A REGISTER?
Only premises where the activity, during which handling of dangerous substances occurs, is non-commercial and does not take place in the course of trade or commerce, are exempt.
Note: the handling of a dangerous substance is non-commercial if the handling does not take place in the course of trade or commerce.
Trade or commerce includes a business or professional activity (see the Dangerous Substances Act, dict).
Handling includes the following:
(a) import or export the substance;
(b) manufacture, process or treat the substance;
(c) supply, receive or dispense the substance;
(d) mark or label an article, container or package of the substance, or placard or put up signs in relation to the substance;
(e) pack, consign or carry the substance;
(f) store the substance;
(g) possess, or otherwise have custody or control of, the substance;
(h) use the substance;
(i) dispose of the substance or render it harmless.
Examples for part (d)
1 label a container of a dangerous substance in accordance with the Australian Dangerous Goods Code
2 put up warning signs around a factory about hazards associated with a dangerous substance used at the factory
3 attach a placard to a building that includes the hazchem code under the Australian Dangerous Goods Code for a dangerous substance stored at the building
Note 1 The dictionary defines the following terms:
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Q4. WHICH DANGEROUS SUBSTANCES MUST I INCLUDE ON THE REGISTER?
To comply with the requirements of Chapter 2 of the Dangerous Substances (General) Regulation 2004 - Certain dangerous substances, you must include the following classes of dangerous substances, Classes 2, 3, 4, 5, 6.1, 8, 9, Goods too dangerous to be transported, C1 & C2 Combustible liquids in the register.
Q5. WHAT ARE COMBUSTIBLE LIQUIDS?
GAS OIL or DIESEL OIL or HEATING OIL, LIGHT or PETROLEUM DISTILLATE if the flash point (refer to the Safety Data Sheet) is 150°C or less (and it is not a Class 3 Flammable Liquid) such substances will normally be C1 combustible liquids however if the flash point is more than 150°C (and it is not a Class 3 Flammable Liquid) these substances will normally be C2 combustible liquids.
Please note if you find a substance such as vehicle engine oil you will note the safety data sheet may state the substance is a NON-HAZARDOUS SUBSTANCE and NON DANGEROUS GOODS. However you will need to look to other sections of the Safety Data Sheet such as section 7 Handling and storage, or section 9 Physical and chemical properties, and if the flash point is above 60.5 °C, the substance will be one of the Combustible liquids defined above and must be included on the register.
C1 combustible liquid means a combustible liquid with a flashpoint of 150°C or less.
C2 combustible liquid means a combustible liquid with a flashpoint of more than 150°C
Q6. DO I NEED TO INCLUDE HAZARDOUS SUBSTANCES ON THE REGISTER?
Although not a requirement under Chapter 2 of the Dangerous Substances (General) Regulation 2004, other dangerous substances should also be included in the register such as explosives and hazardous substances. These substances however are not to be included in the totals used to determine whether or not a placard quantity of dangerous substances exists at the premises, unless they are a C1 or C2 combustible liquids. If you have C1 and/or C2 combustible liquids you must include the quantities.
The following is the basis on which dangerous substances Inspectors will expect to see hazardous substances included on the register.
The Dangerous Substances Act 2004
23 General safety duty of everyone involved in handling dangerous substances anywhere
(1) Everyone involved in handling a dangerous substance must take all reasonable steps to minimise the risks resulting from handling the substance.
Section 22 of the Act also states, an incorporated document or approved code of practice applying to a duty under this Act may be considered in deciding whether a person has complied with the duty.
One such code of practice approved under section 219 of the Dangerous Substances Act 2004 to be considered is the National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005(1994)] which states;. ;
Provision of Information – Employer’s Duties;
Registers
(7) In respect of registers, an employer shall ensure that:
(a) a register is kept and maintained for all hazardous substances used or produced in the workplace;
(b) the register contains, as a minimum, a list of all hazardous substances used or produced at the workplace and the MSDS for all hazardous substances for which MSDS are required by these national model regulations; and
(c) the register is readily accessible to all employees with the potential for exposure to hazardous substances (and emergency services and relevant public authorities as per Approved Code of Practice [NOHSC:2007(1994)]).
(8) In their capacity as ‘employers’ retailers and retail warehouse operators are exempt from the provisions of sub-regulations (7) (a), (b) and (c) for hazardous substances in consumer packages which are intended for retail sale, will not be opened on their premises and hold less than 30kilograms or 30 litres.
‘Use’ means the production, handling, storage, transport or disposal of substances in the workplace.
Q7. WHICH SUBSTANCES ARE EXEMPT FROM THE REGISTER?
Dangerous substances are not required to be on the register if they are:
(a) received in a package not large enough to require marking under the Australian Dangerous Goods Code; or
(b) in transit.
Note:
a dangerous substance at premises is in transit while—
(a) it has remained at the premises for 5 days or less; and
(b) it has not been used at the premises; and
(c) for a substance that arrived at the premises in a closed package—the package remains unopened.
Q8. WHICH DANGEROUS SUBSTANCES MUST I HAVE SAFETY DATA SHEETS FOR?
The person in control of registrable and non-registrable premises must keep a safety data sheet for each dangerous substance on the register for Class 2, 3, 4, 5, 6.1, 8, 9, Goods too dangerous to be transported and C1 & C2 Combustible liquids.
This does not apply to a dangerous substance that is—
(a) in transit;
(b) handled (or to be handled) at a retail outlet or warehouse in packaged form, is correctly packed and labelled, and is sold (or to be sold) unopened.
Note 1 A dangerous substance is packaged if it is in a container of a defined limited capacity (see s 203 (Definitions—ch 2)).
If, because of the above, a person in control of registrable or non-registrable premises is not required to have, and does not have, a safety data sheet for a dangerous substance, the person must ensure that alternative information for the safe handling of the substance is readily accessible to people at the premises.
The safety data sheet or alternative information will need to be kept in hard copy to be considered readily accessible to people at the premises.
Note: To meet your general safety duty under section 23 of the Dangerous Substances Act 2004, you should also keep safety data sheets for hazardous substances. Why?
Because under the Dangerous Substances (General) Regulation 2004. Safety management systems, the regulation specifies, when identifying hazards associated with a substance the person in control of registrable or non-registrable premises must consider the information in the safety data sheet (Sections 221 and 281).
Q9. WHO IS REQUIRED TO KEEP SAFETY DATA SHEETS?
The person in control of registrable or non-registrable premises must keep a safety data sheet readily accessible to people at the premises including emergency services.
Alternative information
If a person in control of registrable or non-registrable premises is not required to have, and does not have, a safety data sheet for a dangerous substance, the person must ensure that alternative information for the safe handling of the substance is readily accessible to people at the premises.
Alternative information will only be considered by the inspector as adequate if it is comparable in detail to that of the Safety Data Sheet for the same substance. Again, the alternative information will need to be kept in hard copy to be considered readily accessible to people at the premises.
Under the Dangerous Substances (General) Regulation 2004 Safety management systems, the regulation specifies, when identifying hazards associated with a substance the person in control of registrable or non-registrable premises must consider the information in the safety data sheet (Sections 221 and 281). This requirement further reinforces the need to keep a safety data sheet for each dangerous substance handled at the premises.
Q10. WHAT IS MEANT BY READILY ACCESSIBLE TO PEOPLE AT THE PREMISES?
The Safety Data Sheet or alternative information is often kept on a computer however there are many difficulties encountered when trying to readily access safety data sheets on computers as/when required. There can be problems getting immediate access to the computer, problems with the speed of the computer operating system, problems with congestion during peak traffic on internet lines, problems with printers including lack of paper, ink etc.
Safety Data Sheets must be available in hard copy to be considered readily accessible to people at the premises which includes emergency services and government authorities. Any alternative method must be demonstrated to be as successful as a hard copy eg downloading SDS to an electronic device such as an I Pad which must be readily accessible in the workplace with all staff being trained in the use of and obtaining information from the I Pad. Thereby information could be considered readily accessible. An overriding factor that needs to be demonstrated would be the ability to supply a hard copy on demand when the need arises.
Q11. WHAT ARE FIRE RISK DANGEROUS SUBSTANCES?
Fire risk dangerous substance means a dangerous substance that burns readily or supports combustion, if the substance—
(a) is of class 2.1, 3, 4 or 5; or
(b) has a subsidiary risk of 2.1, 3, 4 or 5.