(1) This regulation applies in relation to a hazardous substance that:

(a)

was supplied to the operator of a workplace before this regulation commences; and

(b)

is still in use at the workplace.

(2) For the provisions of this Part mentioned in this subregulation:

(a)

the hazardous substance is taken to be first supplied to the operator of the workplace immediately after this regulation commences; and

(b) the manufacturer:

(i)

is taken to have complied with paragraph 2.04 (1) (a) if the manufacturer ensures that an MSDS for the substance is prepared within the time required by subregulation (3); and

(ii)

is taken to have complied with paragraph 2.04 (5) (a) if the manufacturer gives a copy of the current MSDS for the substance to the supplier within the time required by subregulation (3); and

(c) the supplier:

(i)

is taken to have complied with paragraph 2.05 (a) if the supplier gives a copy of the current MSDS for the substance to the operator within the time required by subregulation (3); and

(ii)

is taken to have complied with subregulation 2.06 (1) if the supplier ensures that the requirements mentioned in paragraphs 2.06 (1) (a) and (b) are complied with within the time required by subregulation (3); and

(d)

the operator is taken to have complied with subregulation 2.11 (1) if the operator obtains an MSDS for the substance from the supplier within the time required by subregulation (3).

(3)

For subregulation (2), a manufacturer, supplier or operator must comply with each applicable provision mentioned in that subregulation as soon as practicable, and in any case not later than 3 months, after this regulation commences.

(4) This regulation is not intended to impose any obligation on a manufacturer or supplier of a hazardous substance, if:

(a)

the manufacturer or supplier is no longer a manufacturer or supplier of that kind of hazardous substance when this regulation commences; and

(b)

apart from this regulation, the obligation would not have been imposed, under this Part, on the manufacturer or supplier in relation to the substance.