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OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) (NATIONAL STANDARDS) REGULATIONS 2003 2003 No. 324 - REG 2.12

Use of labels

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.



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