Note
The purpose of an assessment is to enable decisions to be made about appropriate control measures, induction and training, atmospheric monitoring and health surveillance commensurate with the level of risk that arises from use of a hazardous substance at workplaces. Guidance on assessments can be found in the National Code of Practice for the Control of Workplace Hazardous Substances [NOHSC:2007 (1994)] and the Guidance Note for the Assessment of Health Risks Arising From the Use of Hazardous Substances in the Workplace [NOHSC:3017 (1994)].
(1) An operator must ensure that:

(a)

an assessment is made of the risks to health caused by work that involves potential exposure to a hazardous substance used at a workplace under the operator's control; and

(b)

the assessment is in accordance with subregulations (3), (4) and (5).

Penalty:
10 penalty units.

(2)

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

(3) An assessment must be undertaken:

(a)

before the introduction of a hazardous substance; and

(b)

before introducing or changing a workplace or a work practice, or an activity or process, if the introduction or change may give rise to a risk to health.

Note
For hazardous substances that are in use but introduced before this subregulation commences, see Division 5.

(4) An assessment must include:

(a)

the identification of each hazardous substance that is used at work; and

(b)

an examination of the MSDS obtained for each hazardous substance; and

(c) if an MSDS cannot reasonably be obtained for examination — an examination of information, equivalent to the information that is required to be included in an MSDS:

(i)

relating to any hazard to health relating to the hazardous substance; and

(ii)

relating to the precautions to be followed in relation to the safe use of the hazardous substance; and

(d)

the identification of any risk to health, arising from exposure to each hazardous substance that is identified, of which the operator knows or ought reasonably to know.

(5) The operator may undertake a generic risk assessment of risks to health if:
(a) the risk assessment is carried out only in relation to work:

(i)

that is performed using the hazardous substance; and

(ii)

for which the risk factors are identical in all cases; and

(b)

the risk assessment is designed to identify any differences in the nature of work performed using the hazardous substance that could result in a change to the risk factors associated with the performance of the work; and

(c)

it is not practicable for the operator to undertake a separate risk assessment for each workplace at which the hazardous substance is used.

(6)

If the risk assessment indicates that there is no significant risk to health from the use of hazardous substances at work, the operator must ensure that the register is noted to indicate that the assessment has been completed.

Penalty:
10 penalty units.

(7)

If the risk assessment indicates that there is a significant risk to health from the use of any hazardous substance at work, the operator must ensure that a report on the assessment (an assessment report ) is prepared.

Penalty:
10 penalty units.

Note
Assessment reports generally reflect the detail of the assessment, including setting out sufficient information to show why decisions about risks and precautions were made. Further guidance on deciding if the risk is significant can be found in the National Code of Practice for the Control of Workplace Hazardous Substances [NOHSC:2007 (1994)] and the Guidance Note for the Assessment of Health Risks Arising from the Use of Hazardous Substances in the Workplace [NOHSC:3017 (1994)].

(8)

An operator must review a risk assessment within 5 years after the assessment is first completed, and afterwards at intervals of not more than 5 years, to ensure that it is still valid.

Penalty:
10 penalty units.

(9) An operator must revise a risk assessment if:

(a)

the operator knows, or ought reasonably to know, of evidence that the assessment is no longer valid; or

(b)

there has been a significant change in the work to which the assessment relates.

Penalty:
10 penalty units.

(10)

An operator must ensure that an assessment report is readily accessible to each of the employees or contractors who could be exposed to a hazardous substance to which the report relates.

Penalty:
10 penalty units.