A brief summary provided by Safe Work NSW State Inspector in the Hazardous Chemicals area on how Disability Services should manage chemicals
I met an inspector in the Hazardous Chemicals area of Safe Work NSW and asked him for some guidance on the requirements for Disability Service organisations to meet the legal requirements under the WHS Act and Code of Practices and his response is given below. Feel free to contact me to discuss further.
Good morning Susan,
I have pasted a link to the SWA website which mentions registers which I suspect you may already be familiar with https://www.safeworkaustralia.gov.au/registers-manifests-and-placards . This would indicate, based on your information below, that a register may not be required. I say may, because a relevant distinction with the disability support workers is that they are using these chemicals while at work and perhaps at a frequency greater (e.g. daily) than what might be expected by “ domestic use or a domestic user” . I would suggest that this key point needs to be assessed by each organisation. Of course a register is nothing more than a list of current chemicals used in the workplace and the corresponding SDS.
| Registers, manifests and placards | Safe Work Australia
A hazardous chemicals register is a list of hazardous chemicals at a workplace. A manifest is a written summary of hazardous chemicals with physical and acute … |
Clause 351 (1) of the WHS Regulation requires that a PCBU must manage the risks associated with the use of a hazardous chemical. Sub Clause (2) states that in managing the risks, the PCBU must have regard to – the hazardous properties of the chemical , any hazardous reactions and the nature of the work e.g. spraying a mist in an enclosed shower recess. Clause 39 requires ( for the purposes of Section 19 of the Act) that a PCBU provide adequate information, training and instruction to workers regarding the nature of the risks, nature of the work and control measures implemented. I raise these clauses because having a SDS for a hazardous chemical provides the basis ( in terms of providing information on the hazards and controls) for meeting the obligations of the WHS Act and Regulation. In other words if you don’t have a SDS you still need to comply with the above clauses, so the question of the register can become a moot point, as obtaining an SDS is the most straightforward option.
In terms of additional guidance, one approach if not already considered, is for the PCBU to have a list of “approved hazardous chemicals” for use that are readily available in a variety of stores. ( Of course eliminating the use of hazardous chemicals would be ideal and in accordance with the hierarchy of controls). The PCBU may then obtain SDS in an electronic format which can be made accessible to workers electronically to reduce the paper work burden, plus have the benefit of workers not purchasing chemicals (not on the approved list) which may be more hazardous. Regarding training, I have touched on this above, but it needs to address providing information and training on the hazards in relation to how the chemical is used and the control measures to reduce exposure through skin/eye contact/inhalation and if there are any physiochemical hazards such as fire/ chemical reactions. The NSW Code of practice “Managing Risk of Hazardous Chemicals in the Workplace” “has further details.
Regards
Michael Weller
State Inspector – Hygiene and Toxicology
Hazardous Chemical Facilities and Safety Management Audits
SafeWork NSW, Better Regulation