(1) A manufacturer of a hazardous substance that the manufacturer knows, or ought reasonably to know, will be used by employees or contractors at a workplace must ensure that:

(a)

an MSDS for the substance is prepared before the substance is supplied to the operator of the workplace; and

(b)

the MSDS is in accordance with subregulation (3).

Penalty:
10 penalty units.

Note   1    The purpose of an MSDS is to provide the information needed to allow the safe handling of hazardous substances used at workplaces. The MSDS for a substance describes its identity, relevant health hazard information, precautions for use and safe handling information. Guidance on the preparation and use of an MSDS can be obtained from the National Code of Practice for the Control of Workplace Hazardous Substances [NOHSC:2007 (1994)] and the National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC:2011 (1994)].
Note   2    For hazardous substances that are in use but supplied before this subregulation commences, see Division 5.

(2)

Strict liability applies to paragraph (1) (b).

(3) An MSDS must:

(a)

set out the name, and Australian address and telephone numbers (including an emergency number), of the manufacturer; and

(b) for the hazardous substance to which it relates:

(i)

clearly identify the substance in accordance with the National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC:2011 (1994)]; and

(ii)

set out its recommended uses; and

(iii)

describe its chemical and physical properties; and

(iv)

set out the substance's risk phrases and safety phrases and any relevant health hazard information about the substance that is reasonably practicable for the manufacturer to provide; and

(v)

set out information concerning the precautions to be followed in relation to its safe use.

(4) A manufacturer must:
(a) review an MSDS:

(i)

within 5 years after the MSDS is first issued, and afterwards at intervals of not more than 5 years; and

(ii)

as often as is necessary to ensure that it contains current information and is accurate in all material respects; and

(b)

if the MSDS does not contain current information or is not accurate in all material respects — revise the MSDS so that it contains current information and is accurate in all material respects.

Penalty:
10 penalty units.

(5) A manufacturer of a hazardous substance that the manufacturer knows, or ought reasonably to know, will be used by employees or contractors at a workplace must give a copy of the current MSDS for the substance to a supplier who supplies the substance to the operator of the workplace:

(a)

before the substance is first supplied by the supplier to the operator; and

(b)

at any later time on request by the supplier.

Penalty:
10 penalty units