• Food within the meaning of the Food Act 1984;
• Therapeutic goods (Therapeutic Goods (Vic) Act 1994);
• Cosmetics;
• Tobacco;
• Toiletries;
• Radioactive substances (Health Act 1985);
• Pathogenic material (Health Act 1985);
• Asbestos (Asbestos Regulations 1992);
• Lead (Lead Regulations 1989);
• Fuel for motor vehicles.

• Must determine whether a substance is hazardous or not.
• Must inform the NOHSC in writing if a substance is determined hazardous and does not appear on the List of Designated Hazardous Substances.

• Refers Type I, II and III ingredients.

• MSDS’s must be prepared before the substance is first supplied.
• MSDS’s must be in English.
• Include date, date of revision (every 5 yrs), name, address, phone number of company.
• A statement that the substance is hazardous.
• Product name, chemical and physical properties.
• Health hazard information, including first aid kit.
• The exposure standard if any.
• Safe use and handling information.
• Must be provided on request.
• MSDS under certain conditions does not have to be supplied to a retailer or retail warehouse.
• To obtain MSDS for substance purchased from retailer contact manufacturer (info on label).
• MSDS must be provided to the Australian National Material Safety Data Sheet Repository maintained by NOHSC.

• Must label any container of hazardous substance.
• The label must be in English.
• Must include product name, name and address and telephone number of company.
• Must include risk and safety phrases, signal words.
• Disclosure of information relating to hazardous substance:

Type I ingredient - chemical name;

Type II ingredient - chemical name or generic name.

• Suppliers must ensure container is labelled with manufacturer’s or importer’s label.
• Lettering to be durable, style and size easily read.
• Securely fixed.

• Provide NICNAS summary report.
• Duty to notify generic name to NOHSC.
• Duty to disclose commercially confidential information to an employer.
• Duty to disclose commercially confidential information to a register medical practitioner.

• Hazardous substances contained in Schedule 2 of the National Model Regulations for the Control of Workplace Hazardous Substances (Appendix E of Regulatory Impact Statement) are prohibited.

• Applies to substances that have been determined hazardous.
• Risk associated with hazardous substances includes consequential waste, intermediate or product.
• Must supply a current MSDS and must be readily available.
• Information on MSDS must not be altered.
• Hazardous substance must be labelled in accordance with Division 3 Part 2 of the regs.
• Labels must not be removed, defaced altered or modified.
• Decanted substances must be labelled with the product name unless the substance is to be immediately used.
• Label must remain on an empty hazardous substance container until the container has been cleaned.
• Hazardous substances which are contained in plant that forms part of the manufacturing process must be labelled.
• A register of hazardous substances must be kept, it must include a list of all hazardous substances used at the workplace and the current MSDS’s.
• The register must be kept up to date.
• The register must be accessible to all employees.
• Any employee who is exposed to hazardous substances and those who supervise them must receive training in:

- the labelling of containers of hazardous substances;

- the availability of MSDS’s for hazardous substances;

- information about hazardous substances to which employees may or are exposed to;

- the assessment process;

- work practices;

- control measures;

- personal protective equipment;

- emergency procedures;

- first aid and incident reporting;

- monitoring (health and atmospheric);

- employee’s rights.

• Review of training should occur when:

- a new substance is introduced;

- changes to work practices or controls;

- when new information becomes available.

• Risk assessment of hazardous substances must be carried out before a substance is used for the first time or it is already in use (reg 309).
• Generic assessments are also possible (reg 310).
• Must record and retain the assessment results (reg 311).
• Assessment results must be made available to affected employees (reg 311).
• Risk assessments must be carried out every 5 years or when there is a change (reg 312).
• Risk must be controlled using hierarchy of control.
• Provision of personal protective equipment.
• Control measure must be regularly reviewed.
• Engineering, administrative and PPCE controls must be maintained.
• No employee is to be expose to an atmospheric concentration of a hazardous substance above the exposure standard for that substance.
• Atmospheric monitoring must be carried out if there is an exposure standard for the hazardous substance.
• Results of monitoring must be made available to the affected employee(s).
• Records of atmospheric monitoring must be kept for 30 years.
• Health surveillance must be provided when any employee is exposed to any hazardous substances listed in Column 1 of Schedule 3 National Model Regulations for the Control of Workplace Hazardous Substances.
• Health surveillance must be performed/supervised by a registered medical practitioner.
• Employee(s) must be informed of the reasons for the health surveillance and the results.
• Health surveillance reports are confidential and must be kept for 30 years.
• Employers must consult with HSR for the DWG when undertaking a risk assessment.

• Additional duties apply to carcinogenic substances they include record of supply, prohibition, licences, notification, employers maintaining records.