Who must maintain Hazardous Chemicals Register + manifest (WHS Reg)?
The applicability test for Maintain Hazardous Chemicals Register + manifest (WHS Reg) (Safe Work Australia), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Some businesses
Applies when the business has industry: Manufacturing / Mining & resources / Agriculture, forestry & fishing. Where the business has industry: Construction (residential & commercial), check whether you use, handle or store hazardous chemicals.
What the obligation is
PCBUs handling hazardous chemicals must maintain a register + (above threshold) a manifest.
Model WHS Regulations Chapter 7 require PCBUs handling hazardous chemicals to: identify, maintain a register (SDS + quantities), maintain a manifest if quantities exceed Schedule 11 thresholds, notify the regulator + manage risks (control + storage + emergency planning).
The applicability test
Applies when the business has industry: Manufacturing / Mining & resources / Agriculture, forestry & fishing. Where the business has industry: Construction (residential & commercial), check whether you use, handle or store hazardous chemicals.
How the regulator frames it: PCBUs handling hazardous chemicals above prescribed thresholds.
What triggers it: Holding hazardous chemicals.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (3 of 35: yes; 1 of 35: only if a further fact applies; 31 of 35: no).
| Industry | Answer |
|---|---|
| Manufacturing | Yes |
| Agriculture, forestry & fishing | Yes |
| Mining & resources | Yes |
| Construction (residential & commercial) | Only if a further fact applies |
| No | 31 other industries |
Business structure and size
Structure does not change the answer in the 4 industries it can reach: for every structure the answer is "depends on size or structure".
Size does not change the answer in the 4 industries it can reach: at every size band the answer is "depends on size or structure".
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in manufacturing with 6–19 employees, turnover $1M–$3M: applies. Industry: Manufacturing.
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Manufacturing / Mining & resources / Agriculture, forestry & fishing.
- Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you use, handle or store hazardous chemicals.
When you need to check further
The engine shows this obligation as "check whether this applies" when a business has industry: Construction (residential & commercial). It then applies only if you use, handle or store hazardous chemicals. That fact is not something Rules Mate can infer from industry, structure or size.
What you must do, and when
- When due
- Continuous; manifest update on quantity change.
- Frequency
- Ongoing
- Evidence to keep
- Hazardous chemicals register; manifest; SDS; regulator notification.
- Status
- Current
- Priority
- Critical
Penalty for not complying
Maximum penalty: WHS penalties + Cat 1/2/3 exposure for serious breach.
Criminal liability
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
What usually applies alongside it
Across the 1,890 business profiles Rules Mate evaluates, these obligations apply to most of the businesses this one applies to, and are far more common among them than among businesses generally:
Where it sits in the corpus
Rules Mate tracks 28 published obligations tagged "whs", 23 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 16 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.
Regulator, legislation and tools
Regulated by Safe Work Australia.
Safe Work Australia: Develops national WHS policy, model WHS laws, and codes of practice. Enforcement of WHS laws sits with state/territory regulators.
Model WHS Act: Model federal WHS Act adopted (with variations) in NSW, Qld, SA, Tas, ACT, NT, Commonwealth (Comcare).
Free tools that help with this obligation:
Questions
- Who must maintain Hazardous Chemicals Register + manifest (WHS Reg)?
- Applies when the business has industry: Manufacturing / Mining & resources / Agriculture, forestry & fishing. Where the business has industry: Construction (residential & commercial), check whether you use, handle or store hazardous chemicals.
- Do sole traders need to maintain Hazardous Chemicals Register + manifest (WHS Reg)?
- Depends on size or structure. Looking in the 4 industries it can reach and every size band, the engine's answer for a sole trader is: depends on size or structure.
- Do businesses with 1–5 employees need to maintain Hazardous Chemicals Register + manifest (WHS Reg)?
- Depends on size or structure (1–5 employees, turnover $100K–$1M).
- When is "Maintain Hazardous Chemicals Register + manifest (WHS Reg)" due?
- Continuous; manifest update on quantity change.
Related
Sources
- Safe Work Australia: official source
- Work Health and Safety Act 2011 (model)
- Safe Work Australia guidance
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.