Ensuring hazardous chemicals are correctly labelled - containers

The exemption was granted under the Work Health and Safety Regulation 2011.

Exemption No.016/16 commenced 9 December 2016 and has effect until revoked.

Nature of exemption

The exemption is a class exemption made by SafeWork NSW on its own initiative. Persons conducting a business or undertaking at a workplace are exempt from the requirements of clause 342 (1) and (2) of the Regulation to ensure hazardous chemicals are correctly labelled in accordance with clause 335, subject to the conditions contained in the exemption.

The exemption is subject to the conditions that it only applies:

  1. to hazardous chemicals that are not agricultural or veterinary chemicals if they were manufactured or imported prior to 1 January 2017 and the hazardous chemical, or container storing the hazardous chemical, is labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances[NOHSC: 2012 (1994)] as in force at that time, or
  2. to hazardous chemicals that are agricultural or veterinary chemicals if they were manufactured or imported prior to 1 January 2018 and the hazardous chemical, or container storing the hazardous chemical, is labelled in accordance with the requirements of the Australian Pesticides and Veterinary Medicines Authority, and the label is in English.

Nothing in the exemption affects any other applicable requirement imposed by law in relation to the matters the exemption applies to.

Definitions

For the purposes of the exemption:

  • Agricultural or veterinary chemical means an agricultural chemical product or veterinary chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth.
  • Hazardous chemical means hazardous chemical as defined in clause 5 of the Regulation.

Gazettal

Published in Government Gazette of the State of New South Wales, number 112, Friday 9 December 2016.

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