Part 7.1: WHS Hazardous Chemicals

Regulatory citation: Model Work Health and Safety Regulations, Part 7.1, Hazardous Chemicals

What Are the WHS Hazardous Chemicals Regulations?

Part 7.1 of the model Work Health and Safety Regulations sets duties for the use, handling, generation and storage of hazardous chemicals at workplaces. It applies to manufacturers, importers and suppliers as well as the PCBUs whose workers use chemicals, and is based on the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

Why These Regulations Matter

Hazardous chemicals can cause poisoning, burns, respiratory and skin diseases, cancers, fires and explosions. Many harmful exposures happen with everyday products such as cleaning agents, solvents, fuels and paints.

Core Obligations

1. Correct Labeling

Hazardous chemicals must be correctly labeled, including when they are transferred or decanted into another container, so workers can identify the chemical and its hazards.

2. Safety Data Sheets

PCBUs must obtain the current safety data sheet (SDS) for each hazardous chemical, usually from the manufacturer, importer or supplier, and make it readily accessible to workers and emergency services.

3. Register of Hazardous Chemicals

A register of hazardous chemicals used, handled or stored at the workplace must be prepared, kept up to date and made readily accessible. It lists each chemical's product identifier and includes its current SDS.

4. Manage Risks and Exposure Standards

PCBUs must manage the risks of hazardous chemicals using the hierarchy of controls, and ensure no one is exposed to an airborne contaminant above its exposure standard. Air monitoring is required where it's unclear whether exposure standards could be exceeded, or to determine whether there is a health risk.

5. Health Monitoring

Health monitoring must be provided for workers using, handling or storing certain listed hazardous chemicals, including lead in some settings and crystalline silica, where there is a significant risk to health, and in other situations where it is valid and appropriate.

6. Storage, Manifests and Placards

Chemicals must be stored and segregated safely. When quantities exceed set thresholds, PCBUs must display placards, keep a manifest for emergency services and notify the regulator.

7. Spills, Fire and Emergencies

Spill containment, fire protection and emergency plans must be suitable for the chemicals present.

Common Compliance Approaches

Build the Register From Purchasing

Link chemical purchasing to the register so new products are reviewed and added before they arrive on site.

Eliminate or Substitute

Review the register regularly to remove unused chemicals and replace hazardous products with safer alternatives.

Check Exposure Limit Changes

Safe Work Australia is replacing workplace exposure standards with workplace exposure limits (WELs), with many limits lowered. Check which values and timelines apply in your jurisdiction.

Example: Hazardous Chemicals in Practice

A vehicle workshop uses solvents, brake cleaners, spray paints and LPG. The workshop manager compiles a register with current SDSs, stores flammable products in a ventilated flammable liquids cabinet, labels all decanted containers, installs a spray booth with extraction, and arranges air monitoring for isocyanates during painting. Painters are enrolled in health monitoring, and the spill kit and emergency plan are updated to match the chemicals on site.

Note: This summary is based on the model WHS laws published by Safe Work Australia. Most states and territories have adopted them with minor variations, while Victoria has its own OHS laws. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

What is a hazardous chemicals register?

A hazardous chemicals register is a list of the hazardous chemicals used, handled or stored at a workplace, along with the current safety data sheet for each one. PCBUs must keep it up to date and make it readily accessible to workers and others likely to be affected.

Do decanted chemicals need to be labeled?

Yes. When a hazardous chemical is transferred or decanted into another container, the container must be labeled with at least the product identifier and a hazard pictogram or statement, unless it is used immediately and cleaned straight after.

When is health monitoring required for hazardous chemicals?

Health monitoring is required where workers use, handle or store listed hazardous chemicals and there is a significant risk to their health, or where there's a significant risk from another hazardous chemical and valid monitoring methods exist. It must be supervised by a registered medical practitioner with relevant experience.