Note
The purpose of labels is to ensure that the contents of a container used
for hazardous substances can be readily identified by product name and to draw
the attention of a person who is using the substance to any significant
hazards involved.
(1) Subject to subregulation (4), an operator must ensure that:
- (a)
- each container that holds a hazardous substance used at a workplace under the
operator's control, including a container supplied to or produced at the
workplace, is labelled; and
(b) the label:
- (i)
- is in accordance with
paragraph 2.06 (1) (b); or
- (ii)
- if the container is a container into which a hazardous substance is
decanted sets out the substance's product name and the substance's
risk phrases and safety phrases; and
- (c)
- a person does not remove, deface, modify or alter the label.
Penalty:
10 penalty units.
- (2)
- Strict liability applies to
subparagraph (1) (b) (i).
(3) Subject to
subregulation (4), an operator must ensure that a container that contains
a hazardous substance is labelled until:
- (a)
- the substance is removed from
the container; and
- (b)
- the container is cleaned to the extent that it no longer contains the
hazardous substance.
Penalty:
10 penalty units.
(4) The operator is not required to comply with
subregulation (1) or (3) if:
- (a)
- a hazardous substance is decanted into
a container; and
- (b)
- the hazardous substance is used up immediately after being decanted; and
- (c)
- the operator ensures that the container is immediately cleaned to the
extent that it no longer contains the hazardous substance.