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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).

IndustryAnswer
ManufacturingYes
Agriculture, forestry & fishingYes
Mining & resourcesYes
Construction (residential & commercial)Only if a further fact applies
No31 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

Breaches can be prosecuted as criminal offences, not only civil contraventions.

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

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.