Hazardous Chemicals Classification Under GHS 7 and WHS Regulations Chapter 7

GHS 7 adoption and the WHS Regulations Chapter 7 framework

Chapter 7 of the model WHS Regulations establishes the requirements for managing hazardous chemicals in Australian workplaces. This includes rules for classification, labelling, supply, storage, handling and use. Since 1 January 2023, the 7th revised edition of the Globally Harmonised System of Classification and Labelling of Chemicals (GHS 7) is mandated for use.

Manufacturers and importers were provided with a transition period from 1 January 2021 to 31 December 2022 to update their classifications and labelling from GHS 3 to GHS 7. Regulation 328 requires manufacturers or importers to correctly classify hazardous chemicals according to GHS 7. Furthermore, regulation 330 stipulates that a Safety Data Sheet (SDS) must be prepared before the first manufacture or importation of a hazardous chemical. Silica dust controls (WHS) and Engineered stone ban are examples of specific chemical controls.

At the end-user workplace, a Person Conducting a Business or Undertaking (PCBU) can rely on an SDS provided by an upstream supplier. However, regulation 344 requires the PCBU to maintain these SDSs, ensuring they remain current and accessible to workers.

Safety Data Sheets (SDS) and labels

Safety Data Sheets (SDS) are a critical component of hazardous chemical management. SDS must adhere to a standardised 16-section format as outlined in both the WHS Regulations and the GHS. This structure ensures consistent information is provided, covering aspects from chemical identification to transport and regulatory details. A PCBU must review the SDS at least every 5 years (regulation 330) or sooner if new information about the chemical emerges. WHS primary duty (s.19) requires PCBU’s to ensure workers have access to this information.

Hazardous chemical labels are also essential for communicating risks. These labels must clearly display a product identifier, a signal word (either ‘Danger’ or ‘Warning’), relevant hazard pictograms, hazard statements, and precautionary statements. GHS 7 introduced a new hazard category, 'Desensitised explosives', and revised classification rules for aerosols and flammable gases. Asbestos removal licence classes are an example of a specialised area where this labelling is crucial.

Workplace labels must be in English (regulation 335) and maintained in a legible condition for the duration of the chemical’s use. A PCBU must also keep a register of hazardous chemicals at the workplace and make it readily accessible to workers (regulation 346).

Risk management and exposure standards

Risk management for hazardous chemicals involves applying the hierarchy of controls as outlined in regulation 36 of the WHS Regulations. This prioritises elimination, substitution, isolation, engineering controls, administrative controls, and personal protective equipment (PPE) to minimise risk. Silica dust controls are an example of engineering controls that may be implemented. The WHS primary duty (s.19) requires persons conducting businesses or undertakings (PCBU) to ensure, so far as reasonably practicable, the health and safety of workers.

Regulation 49 mandates that workplace exposure standards (WES) for airborne contaminants, as published by Safe Work Australia, must not be exceeded. If a PCBU is unsure whether airborne concentrations are below the WES, air monitoring is required under regulation 50. Furthermore, health monitoring is mandated for workers handling Schedule 14 hazardous chemicals, including substances like benzene, lead, isocyanates and crystalline silica.

Specific storage and handling system requirements apply when threshold quantities of hazardous chemicals are exceeded. Notification requirements are triggered for Manifest Quantities and Schedule 11 chemicals. Records of health monitoring must be retained for a minimum of 30 years after creation, as stipulated in regulation 378.

Specific obligations for placarded and major hazard facilities

Facilities storing hazardous chemicals above the placard quantity, as defined in Schedule 11, have specific obligations. These include displaying outer warning placards and providing a manifest to emergency services. Emergency plans must also be prepared and tested in accordance with regulation 361. Failure to meet these requirements can result in significant penalties, potentially reaching $30,000 for an individual and $150,000 for a body corporate under the model WHS Regulations. [Industrial manslaughter by state] and [WHS industrial manslaughter comparison] highlight the serious legal consequences of neglecting WHS duties.

Facilities holding chemicals above the threshold quantities listed in Schedule 15 are classified as Major Hazard Facilities (MHF). Operators of MHF are required to obtain a licence under Chapter 9. This licensing process mandates the preparation of a Safety Case, which must detail the identification and control of major incidents.

Notification of high-quantity hazardous chemicals is required to the WHS regulator under regulation 348. This ensures that authorities are aware of the potential hazards present at a site and can provide appropriate oversight and support.