FACTSHEET

DANGEROUS GOODS AND HAZARDOUS SUBSTANCES

CHEMICALS IN THE WORKPLACE

Changes to the Occupational Health and Safety Regulation 2001 (OHS Regulation), under the Occupational Health and Safety Act 2000 (OHS Act), came into force in NSW on 1 September 2005. These changes brought dangerous goods (except explosives) under the OHS legislation. There is also a new Explosives Act 2003 and Explosives Regulation 2005. The Dangerous Goods Act 1975 and Dangerous Goods (General) Regulation 1999 have been repealed. The word chemicals in this fact sheet includes substances such as paint, glue, cleaning agents, fuel, pesticides and solvents. This does not include explosives. This legislation is aimed at improving health and safety when working with substances such as chemicals by providing a risk management framework. General advice on implementing this legislation can be found in the following codes: Code of practice: control of workplace hazardous substances Code of practice: storage and handling of dangerous goods.

There are also a number of codes of practice applying to specific chemicals or processes check the WorkCover Web site for a full list.

WHERE DOES THE OHS REGULATION APPLY?

The OHS Regulation applies to all workplaces that use, handle or store hazardous substances or dangerous goods, and not just some industries. It also applies to non-workplaces where dangerous goods are stored or handled over certain quantities (see the Factsheet for non-commercial users of dangerous goods such as households, community groups and volunteer organisations).

HOW DO I KNOW IF A CHEMICAL IS HAZARDOUS OR DANGEROUS?

Dangerous goods are substances or articles that may cause fires or explosions, rapid chemical reactions, or immediate health risks (such as poisoning). Dangerous goods can kill or injure workers. Their effects are usually sudden, obvious, and can be violent such as explosions and fires. Hazardous substances are harmful to health, and include substances that may cause chronic illnesses such as cancer, asthma, dermatitis and other diseases. Hazardous substances have health effects that are not always obvious symptoms may develop only years after repeated and prolonged exposure. The classifications overlap. Dangerous goods are divided into nine classes. Some dangerous goods are also hazardous substances, including toxic substances of Class 6 (poisons) and corrosives in Class 8. Suppliers of chemicals have obligations regarding the provision of information to enable you to identify those that are hazardous or dangerous. You can identify hazardous substances and dangerous goods delivered to your workplace from the label, or the Material Safety Data Sheet (MSDS). However, if you produce emissions, dusts and by-products within your workplace, you may have to classify these.

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Hazardous substances are defined by two documents: listed in the List of Designated Hazardous Substances; or classified as hazardous substances using the Approved Criteria for Classifying Hazardous Substances. These can be viewed on the web site www.nohsc.gov.au. Dangerous goods are listed and defined in the ADG Code (Australian Code for the Transport of Dangerous Goods by Road and Rail). These documents are published by the Federal Government.

RESPONSIBILITIES UNDER THE OHS REGULATION

Employers, self-employed persons, and controllers of substances or workplaces, all have specific responsibilities under the OHS Regulation. Two key responsibilities are to provide information and to control risks. The specific responsibilities of suppliers (including manufacturers and importers) are covered in Catalogue No. 453 Supply of Chemicals and Substances to Workplaces. Responsibility 1 obtain and provide information The OHS regulation says that adequate safety information must reach everyone who needs it. Manufacturers and suppliers are required to label their products correctly. When substances are delivered to you, the label must indicate the hazards and risks. Suppliers must also provide MSDS to their workplace customers this is a key source of information and includes the manufacturers recommended control measures. Employers must ensure that: containers are properly labelled, even when transferred to another container bulk tanks and stores of dangerous goods have placards (signage) MSDS are readily accessible to their employees employees are trained to understand the information on the labels and MSDS and apply control measures.

There are some exemptions from the MSDS requirement in retail shops and retail warehouses. More information is provided in Catalogue No. 400: Reading Labels and Material Safety Data Sheets. Where substances are transferred to another container, appropriate labelling must be maintained see the Code of practice: labelling of workplace substances for further advice. Responsibility 2 eliminate or control risks Risks must be eliminated, or controlled if elimination is not reasonably practicable. This includes emissions such as dusts and fumes. Worker exposure to hazardous substances must be kept below certain exposure levels both short-term and long-term (see the MSDS for advice). Other risks, such as uncontrolled chemical reactions, fires and explosions must also be prevented. Carry out the following three steps: Step 1: identify all dangerous goods and hazardous substances Make a list of all hazardous substances and dangerous goods in the workplace, including dusts and fumes. Then collect the MSDS for each substance obtained from a supplier. Together these documents can be used to form your workplace register. The register must contain details of all dangerous goods and hazardous substances currently used, produced, stored or handled on the premises. Always ensure that the Register is current, updating to include details when new dangerous goods or hazardous substances are used or produced on the premises or discontinued. MSDSs expire after five years and you should check that they are up to date. MSDSs are not necessary for dusts, fumes and emissions, but you need equivalent health and safety information; and you need to control any risks.

Step 2: do a workplace risk assessment Depending on the circumstances, risk assessments may be simple and done in-house, or may require outside assistance. Either way, a risk assessment must include: An investigation of work processes are there health or safety problems? Are risks created in storage and handling? An assessment of the risks to health and safety. For hazardous substances you need to find out how and where exposure could occur. Determine the extent of potential exposure and whether this level of exposure going to be a problem. Make sure you consider each possible route of entry breathing in, skin contact and swallowing. Could dangerous goods interact with other goods? If you use flammable goods, are there ignition sources nearby that could cause fires and explosions?

Step 3: determine and apply controls To reduce risks, determine control measures that offer the best protection and that can be practically applied in your workplace. Look for suggested control measures on the MSDS and container label. There are six levels of control measures, in the following order of priority: 1. Elimination stop using the substance or goods. A reduction in stocks held is a key control measure. 2. Substitution use a lower hazard alternative. 3. Isolation separate use from the rest of the workplace, eg erect screens, keep dangerous goods separate from other chemicals. 4. Engineering controls install equipment that will reduce exposure or risk, eg use local exhaust ventilation, provide containment for potential spills. 5. Safe work practices change the way people work, eg restrict entry into work or storage areas. 6. Personal protective equipment (PPE), such as gloves, goggles, aprons and respirators can reduce worker contact and exposure to chemicals. PPE is always the last resort, but in some end-user situations may be the most practicable. In many cases, the MSDS will provide the information you need for a risk assessment. Check that the control measures recommended on the MSDS are followed. Ensure that all measures adopted to eliminate or control risks are properly used and maintained. Advice on determining controls with hazardous substances is provided in the Code of practice: control of workplace hazardous substances.

CONTROLS FOR DANGEROUS GOODS

Key control measures for dangerous goods include the following: Separation from other dangerous goods that may be incompatible and other risks. Provision for containment in case of spills of liquid goods. If you have flammable goods, identify potential ignition sources and ensure adequate protection or separation. This is particularly important if maintenance is carried out involving welding or gas cutting. Protection in case of fire, such as fire rated barriers to prevent the spread of fire to or from the dangerous goods.

Advice on storage and handling of dangerous goods is provided in Code of practice: storage and handling of dangerous goods.

PLACARDS AND SIGNAGE

Placards are visible warning of the hazards associated with the storage of dangerous goods at the premises. This information is particularly important for emergency services. Placards must be displayed if the dangerous goods are stored in bulk or in packages above the placarding quantity in Schedule 5 of the OHS Regulation. Placards include an outer warning placard on the outside of the premises, placards at each location of dangerous goods in bulk (eg tanks) and at each location where packages are stored and handled.

MONITORING AND HEALTH SURVEILLANCE

Workplace monitoring programs are sometimes needed to determine dust levels in air or concentration of flammable vapours. Monitoring answers the key question are control measures working? Health surveillance of workers may include blood or urine tests to determine the level of exposure or breathing tests to monitor any health problems caused by exposure. Health surveillance is often not necessary if exposure is low and controls adequate. However, if workers are frequently exposed to certain scheduled hazardous substances, such as asbestos, lead, or organophosphate pesticides, a health surveillance program may be needed. Clause 165 of the OHS Regulation requires an employer to provide health surveillance for each employee who is exposed to a hazardous substance if there is a risk to the health of the employee as a result of that exposure.

EMERGENCY PLANS
Employers and self-employed persons must make arrangements for emergencies in relation to matters over which they have control, regardless of the size of the premises or quantities of chemicals. Over certain quantities of dangerous goods, this must be a written plan (see below).

RECORD KEEPING
Records of the following must be kept and maintained in all workplaces that handle or store dangerous goods or hazardous substances: Risk assessment for low level risks, this is a notation on the MSDS or in the register that the controls indicated on the MSDS are being used. For higher level risks, this is a written report showing how control measures were determined. A register listing all the hazardous substances and dangerous goods in the workplace, with the relevant MSDS. Induction and training. Air monitoring program, if needed. Health surveillance program for employees, if needed. Notification of serious incidents and other incidents involving dangerous goods to WorkCover.

Where dangerous goods are stored or handled in excess of the manifest quantities in Schedule 5 of the OHS Regulation additional records and notification are required see below.

ABOVE MANIFEST QUANTITIES MANIFESTS, EMERGENCY PLANS AND NOTIFICATION

Where the quantity exceeds the manifest quantity there are additional requirements. Occupiers must: prepare a manifest, which is a list of the chemicals, their location on the premises and a site plan, notify WorkCover (in a manner similar to the previous licensing system), and prepare a written emergency plan, which is reviewed at least every 5 years.

Contents of the emergency plan should include the site and hazard information, command structure and personnel, notifications, resources and procedures. This must be prepared in consultation with the NSW Fire Brigade. Additional information regarding manifest and emergency plans is available in the Code of practice: storage and handling of dangerous goods. Details of notification are available on the WorkCover web site www.workcover.nsw.gov.au. The contents of the plan should be communicated to all people who may be exposed to a risk.

AMMONIUM NITRATE AND EXPLOSIVES

If you use or store ammonium nitrate, from 1 January 2006 you will need to obtain a licence from WorkCover. The licensing of explosives has changed, and if you use explosives your certificate of competency or shotfirers permit will need to be renewed by 1 September 2006 and you will need a security clearance. Refer to the following information concerning new restrictions in the use of Security Sensitive Ammonium Nitrate (SSAN): Factsheet for all explosives users Factsheet for broad acre farmers and other primary producers Factsheet for horticulturists and market gardeners Factsheet for retailers and suppliers of SSAN fertilisers Factsheet for transporters and drivers of explosives and security sensitive ammonium nitrate. If you use, transport or store ammonium nitrate you need to obtain a licence from WorkCover.

CODES OF PRACTICE PROVIDE FURTHER GUIDANCE

WorkCover has adopted several codes of practice relating to the use and storage of chemicals to provide advice and practical guidance. A number of Australian Standards relating to the storage and handling of dangerous goods have also been adopted as approved industry codes of practice. These are listed in the general code for the storage and handling of dangerous goods. There are codes of practice covering the following: safe handling of timber preservatives vinyl chloride enzymatic detergents pesticides containers used for bulk solids storage (for example containing oily substances such as seed cake from seed oil extraction classified as dangerous goods of Class 4.2)

Check if there are codes of practice that apply to your workplace or process by looking on the WorkCover web site.

FURTHER INFORMATION
For further information check the WorkCover website at www.workcover.nsw.gov.au or telephone the WorkCover Assistance Service on 13 10 50 (8.30am to 5pm Monday to Friday).

Disclaimer This publication contains information regarding occupational health, safety, injury management or workers compensation. It includes some of your obligations under the various workers compensation and occupational health and safety legislation that WorkCover NSW administers. To ensure you comply with your legal obligations you must refer to the appropriate Acts. This publication may refer to WorkCover NSW administered legislation that has been amended or repealed. When reading this publication you should always refer to the latest laws. Information on the latest laws can be checked at www.legislation.nsw.gov.au or contact 1300 656 986. WorkCover NSW

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