Module 7 Hazardous Chemicals Asbestos and Major Hazard Facilities

1. Key points Module 7 covers the changes in requirements for hazardous chemicals in the workplace. The NSW OHS Regulation 2001 covered hazardous chemicals as two separate chapters being hazardous substances and dangerous goods. Both are treated under the new WHS Regulations as Hazardous Chemicals. We have also moved from the Australian systems for chemicals to the globally harmonised system (GHS) for chemicals. This impacts on various requirements including those for information, exposure standards and use of symbols. New terminology will be discussed. A number of draft Codes of Practice are already awaiting final approval (see below) and more will be produced with the implementation of the WHS legislation. Some requirements that were previously covered in Codes of Practice are now incorporated in the WHS Regulations and are discussed in this module. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulation Chapter 7 Hazardous Chemicals, Chapter 8 Asbestos and Chapter 9 Major Hazard Facilities. Code of Practice: How to Manage Work Health and Safety Risks Code of Practice: Labelling of Workplace Hazardous Chemicals Code of Practice: Preparation of Safety Data Sheets for Hazardous Chemicals. Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos Key points Module 7 covers the changes in requirements for hazardous chemicals in the workplace. The NSW OHS Regulation 2001 covered hazardous chemicals as two separate chapters being hazardous substances and dangerous goods. Both are treated under the new WHS Regulations as Hazardous Chemicals. We have also moved from the Australian systems for chemicals to the globally harmonised system (GHS) for chemicals. This impacts on various requirements including those for information, exposure standards and use of symbols. New terminology will be discussed. A number of draft Codes of Practice are already awaiting final approval (see below) and more will be produced with the implementation of the WHS legislation. Some requirements that were previously covered in Codes of Practice are now incorporated in the WHS Regulations and are discussed in this module. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulation Chapter 7 Hazardous Chemicals, Chapter 8 Asbestos and Chapter 9 Major Hazard Facilities. Code of Practice: How to Manage Work Health and Safety Risks Code of Practice: Labelling of Workplace Hazardous Chemicals Code of Practice: Preparation of Safety Data Sheets for Hazardous Chemicals. Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos

2. Key points The requirements for both hazardous substances and dangerous goods are now incorporated in the one chapter on hazardous chemicals. Asbestos is treated in a separate chapter. Various requirements that were previously covered in Codes of Practice are now incorporated in the WHS Regulations and the Codes of Practice can be used to obtain further information. The requirements for major hazard facilities are covered in Chapter 9 of the WHS Regulations. Classifications of substances are now based on an international system the globally harmonised system (GHS). Additional requirements for emergencies and spill containment have been included in the new WHS Regulations. Specific requirements regarding the provision of relevant information and supervision to ensure safe use of hazardous chemicals are included in this module. The key requirements for Lead, Asbestos and Major Hazard Facilities are included in this Hazardous Chemicals module. Management of asbestos related risks are also covered in separate Codes of Practice : Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapters 7, 8 and 9.Key points The requirements for both hazardous substances and dangerous goods are now incorporated in the one chapter on hazardous chemicals. Asbestos is treated in a separate chapter. Various requirements that were previously covered in Codes of Practice are now incorporated in the WHS Regulations and the Codes of Practice can be used to obtain further information. The requirements for major hazard facilities are covered in Chapter 9 of the WHS Regulations. Classifications of substances are now based on an international system the globally harmonised system (GHS). Additional requirements for emergencies and spill containment have been included in the new WHS Regulations. Specific requirements regarding the provision of relevant information and supervision to ensure safe use of hazardous chemicals are included in this module. The key requirements for Lead, Asbestos and Major Hazard Facilities are included in this Hazardous Chemicals module. Management of asbestos related risks are also covered in separate Codes of Practice : Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapters 7, 8 and 9.

3. Key points Hazard classification under the NSW OHS Regulation 2001 is based on the document entitled �Approved criteria for classifying Hazardous Substances� [NOHSC: 1008 (1999)] published by the National OHS Commission (NOHSC) and accessed through Safe Work Australia. This system has been replace by the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) that is published by the United Nations. The GHS includes criteria that has been agreed to globally and used to classify both substances and mixtures for; physical characteristics such as explosiveness, flammability; health hazards such as acute effects, carcinogenicity; and environmental hazards. The GHS is intended to address how labels and safety data sheets (SDS) should be used to convey information about their hazards and how to protect people from these effects. SDS replace MSDS. Requirements for content are stipulated in the WHS Regulations. SDS are integral to the management of hazardous chemicals in the workplace and contain information on the risks posed by chemicals and ways to minimise those risks. The SDS provides both PCBUs and workers with the information required to use, handle, store, transport and dispose of substances. The SDS also provides information on emergency response and any specific requirements for personal protective equipment (PPE). Access to the SDS is critical for workers to enable them to contribute to decision on the managements of chemicals. The list of substances exempt from the requirements of the WHS Regulations has been expanded to include those substances that in the normal activities of the workplace remain contained within equipment being used, are of a small quantity unlikely to pose a risk and/or are kept in a retail situation for sale. Food and beverages, therapeutic goods, tobacco and its products and cosmetics and toiletries remain exempt . Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7 WHS Regulations Schedule 9 Part 1Key points Hazard classification under the NSW OHS Regulation 2001 is based on the document entitled �Approved criteria for classifying Hazardous Substances� [NOHSC: 1008 (1999)] published by the National OHS Commission (NOHSC) and accessed through Safe Work Australia. This system has been replace by the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) that is published by the United Nations. The GHS includes criteria that has been agreed to globally and used to classify both substances and mixtures for; physical characteristics such as explosiveness, flammability; health hazards such as acute effects, carcinogenicity; and environmental hazards. The GHS is intended to address how labels and safety data sheets (SDS) should be used to convey information about their hazards and how to protect people from these effects. SDS replace MSDS. Requirements for content are stipulated in the WHS Regulations. SDS are integral to the management of hazardous chemicals in the workplace and contain information on the risks posed by chemicals and ways to minimise those risks. The SDS provides both PCBUs and workers with the information required to use, handle, store, transport and dispose of substances. The SDS also provides information on emergency response and any specific requirements for personal protective equipment (PPE). Access to the SDS is critical for workers to enable them to contribute to decision on the managements of chemicals. The list of substances exempt from the requirements of the WHS Regulations has been expanded to include those substances that in the normal activities of the workplace remain contained within equipment being used, are of a small quantity unlikely to pose a risk and/or are kept in a retail situation for sale. Food and beverages, therapeutic goods, tobacco and its products and cosmetics and toiletries remain exempt . Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7 WHS Regulations Schedule 9 Part 1

4. Key points Requirements for packing were previously either covered in Codes of Practice or partly in the NSW OHS Regulation 2001 e.g. for certain dangerous goods but are now described in more detail in the WHS Regulations. The PCBU that is the manufacturer of a hazardous chemical has a duty to ensure correct packing of hazardous chemicals that complies with the specific requirements of Schedule 9 Part 2 of the WHS Regulations and, where relevant, the Australian Dangerous Goods (ADG) Code. Where there are storage and handling facilities within a workplace, the WHS Regulations continue to require the PCBU ensure the health and safety of persons in the operation, testing, maintenance etc of the system. The WHS Regulations now specifically require that any person involved in the operation, testing, maintenance and decommissioning of these systems receives adequate information, training and instruction . Additional requirements for storage and handling systems are covered in the Schedules 9, 10,11 and 12 of the WHS Regulations. Schedule 15 covers hazardous chemicals at major hazard facilities. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7Key points Requirements for packing were previously either covered in Codes of Practice or partly in the NSW OHS Regulation 2001 e.g. for certain dangerous goods but are now described in more detail in the WHS Regulations. The PCBU that is the manufacturer of a hazardous chemical has a duty to ensure correct packing of hazardous chemicals that complies with the specific requirements of Schedule 9 Part 2 of the WHS Regulations and, where relevant, the Australian Dangerous Goods (ADG) Code. Where there are storage and handling facilities within a workplace, the WHS Regulations continue to require the PCBU ensure the health and safety of persons in the operation, testing, maintenance etc of the system. The WHS Regulations now specifically require that any person involved in the operation, testing, maintenance and decommissioning of these systems receives adequate information, training and instruction . Additional requirements for storage and handling systems are covered in the Schedules 9, 10,11 and 12 of the WHS Regulations. Schedule 15 covers hazardous chemicals at major hazard facilities. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7

5. Key points Material Safety Data Sheets (MSDS) are now to be referred to as Safety Data Sheets (SDS) ,being consistent with the terminology and requirements of the GHS that Safe Work Australia is implementing as part of the model WHS legislation framework. The content of a MSDS was previously defined under a Code of Practice but these requirements are now prescribed in the WHS Regulations under Schedule 7. SDS for chemicals that are intended for research; as samples for analysis or are waste products also require a shortened version of the SDS that contains information that may be critical in managing risks associated with the chemical. Some requirements for the labelling of substances that were previously included in the Code of Practice are prescribed in the new WHS Regulations. The Code of Practice provides further information. Decanted substances (those poured into another container) must be labelled if not being used immediately or if being given to someone else (previously if not used with 12 hours) e.g. cleaning products decanted and put into cleaning trolleys for use. The hazard pictogram and hazard statement referred to are derived from information in the GHS and differ from what is currently in use e.g. varies from the dangerous goods symbols. Pipelines containing hazardous chemicals are required to be identified by a label, sign or another way on or near the pipe work. Registers are required to be maintained and made accessible as per current requirements. There is no longer a requirement to make a notation in the register of hazardous chemicals if no specific measures are necessary to control the risks associated with exposure to the hazardous substance. �The current requirement of preparing a report on the risk assessment if specific measures are necessary to control the risks associated with exposure to the hazardous substance are less detailed in that a written risk assessment is not prescribed. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7Key points Material Safety Data Sheets (MSDS) are now to be referred to as Safety Data Sheets (SDS) ,being consistent with the terminology and requirements of the GHS that Safe Work Australia is implementing as part of the model WHS legislation framework. The content of a MSDS was previously defined under a Code of Practice but these requirements are now prescribed in the WHS Regulations under Schedule 7. SDS for chemicals that are intended for research; as samples for analysis or are waste products also require a shortened version of the SDS that contains information that may be critical in managing risks associated with the chemical. Some requirements for the labelling of substances that were previously included in the Code of Practice are prescribed in the new WHS Regulations. The Code of Practice provides further information. Decanted substances (those poured into another container) must be labelled if not being used immediately or if being given to someone else (previously if not used with 12 hours) e.g. cleaning products decanted and put into cleaning trolleys for use. The hazard pictogram and hazard statement referred to are derived from information in the GHS and differ from what is currently in use e.g. varies from the dangerous goods symbols. Pipelines containing hazardous chemicals are required to be identified by a label, sign or another way on or near the pipe work. Registers are required to be maintained and made accessible as per current requirements. There is no longer a requirement to make a notation in the register of hazardous chemicals if no specific measures are necessary to control the risks associated with exposure to the hazardous substance. �The current requirement of preparing a report on the risk assessment if specific measures are necessary to control the risks associated with exposure to the hazardous substance are less detailed in that a written risk assessment is not prescribed. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7

6. Key points The requirements for manifests and placards are similar to the current requirements described for dangerous goods but now apply as hazardous chemicals described under the GHS. Under the new WHS Regulations there are now 42 items referenced in Schedule 11 of the WHS Regulations as opposed to the current 7 groups to reflect the information contained in the GHS. The threshold quantities for manifests or placards remain relatively unchanged for exiting categories while some additions have been made e.g. combustible liquids and organic peroxides (decreased thresholds) . Corrosives have been given a separate categories based on skin corrosion and corrosiveness to metal. Requirements for placarding now cover all hazardous chemicals being consistent with the GHS Information to be displayed where safety signs are required to control an identified risk in relation to using, handling, generating or storing hazardous chemicals at a workplace is now specified includes; information to warn of a particular hazard associated with hazardous chemicals used, handled, generated or stored at the workplace. a statement of the responsibilities of a particular person in relation to hazardous chemicals used, handled, generated or stored at the workplace for example the person to provide access to information in relation to the hazardous chemical. These requirements are different from those of placards and apply where smaller quantities are in use. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations: Chapter 7Key points The requirements for manifests and placards are similar to the current requirements described for dangerous goods but now apply as hazardous chemicals described under the GHS. Under the new WHS Regulations there are now 42 items referenced in Schedule 11 of the WHS Regulations as opposed to the current 7 groups to reflect the information contained in the GHS. The threshold quantities for manifests or placards remain relatively unchanged for exiting categories while some additions have been made e.g. combustible liquids and organic peroxides (decreased thresholds) . Corrosives have been given a separate categories based on skin corrosion and corrosiveness to metal. Requirements for placarding now cover all hazardous chemicals being consistent with the GHS Information to be displayed where safety signs are required to control an identified risk in relation to using, handling, generating or storing hazardous chemicals at a workplace is now specified includes; information to warn of a particular hazard associated with hazardous chemicals used, handled, generated or stored at the workplace. a statement of the responsibilities of a particular person in relation to hazardous chemicals used, handled, generated or stored at the workplace for example the person to provide access to information in relation to the hazardous chemical. These requirements are different from those of placards and apply where smaller quantities are in use. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations: Chapter 7

7. Key points The new WHS Regulations now prescribes factors that must be considered in managing risks in relation to the use, handling, generating or storing of hazardous chemicals including dangerous goods, in addition to the general risk requirements of the WHS Regulations (Part 3.1). In addition to the general requirements of Regulation 38 to review control measures i.e. When: a risk control measure fails to control the risk (e.g. as determined by monitoring or a notifiable incident occurs); a change in the workplace or work systems occurs that is likely to give rise to a new or different risk; a new relevant hazard or risk is identified; consultation indicates a review is required; or a HSR requests a review (a new requirement) i.e. when any of the above occurs that affects/may affect a member of the HSR�s workgroup; and the PCBU hasn�t adequately reviewed the measures in response to that circumstance. There are other times as to when risk associated with hazardous chemicals are to be reviewed as stipulated by the WHS Regulations. Health monitoring where results indicate raised levels is in reference to metabolites (the products of the metabolism in the body) of the substance. The medical practitioner may make a recommendation as to remedial measure that may need to be taken in response to the results of health monitoring in relation to a substances that triggered the requirement for health monitoring. Under NSW OHS Regulations 2001 any serious incident or other incident involving dangerous goods occurring at the premises must be investigated and the investigation, so far as possible, must: determine the cause or likely cause of the serious incident or other incident, and a record of the investigation �keep it for at least 5 years, and make it�readily available, on request, to an inspector. This requirement has been removed from the WHS Regulations except in relation to major hazards facilities. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7 Key points The new WHS Regulations now prescribes factors that must be considered in managing risks in relation to the use, handling, generating or storing of hazardous chemicals including dangerous goods, in addition to the general risk requirements of the WHS Regulations (Part 3.1). In addition to the general requirements of Regulation 38 to review control measures i.e. When: a risk control measure fails to control the risk (e.g. as determined by monitoring or a notifiable incident occurs); a change in the workplace or work systems occurs that is likely to give rise to a new or different risk; a new relevant hazard or risk is identified; consultation indicates a review is required; or a HSR requests a review (a new requirement) i.e. when any of the above occurs that affects/may affect a member of the HSR�s workgroup; and the PCBU hasn�t adequately reviewed the measures in response to that circumstance. There are other times as to when risk associated with hazardous chemicals are to be reviewed as stipulated by the WHS Regulations. Health monitoring where results indicate raised levels is in reference to metabolites (the products of the metabolism in the body) of the substance. The medical practitioner may make a recommendation as to remedial measure that may need to be taken in response to the results of health monitoring in relation to a substances that triggered the requirement for health monitoring. Under NSW OHS Regulations 2001 any serious incident or other incident involving dangerous goods occurring at the premises must be investigated and the investigation, so far as possible, must: determine the cause or likely cause of the serious incident or other incident, and a record of the investigation �keep it for at least 5 years, and make it�readily available, on request, to an inspector. This requirement has been removed from the WHS Regulations except in relation to major hazards facilities. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7

8. Key points Ignition sources are not to be introduced from with outside or within an area considered to be a hazardous area. A hazardous area is defined in AS/NZS 60079.10 (Electrical apparatus for explosive atmospheres � classification of hazardous areas) and AS/NZS 61241.10 (Electrical apparatus for use in the presence of combustible dusts - classification of areas where combustible dust may be present). Spill containment was covered under dangerous goods requirements in the NSW OHS Regulation 2001 but now encompasses requirements for all hazardous chemicals in solid or liquid form. Spill containment systems are not permitted to bring together two different hazardous chemicals that are not compatible. Compatible, for 2 or more substances, mixtures or items, means that the substances, mixtures or items do not react together to cause a fire, explosion, harmful reaction or evolution of flammable, toxic or corrosive vapours. The PCBU is required to submit an emergency plan to a primary emergency service (as defined in the WHS Regulations) for a review and where a written recommendation is made on its content or effectiveness, the plan is to be revised. The fire protection and fire fighting equipment must reflect the types of hazardous chemicals in the workplace and the quantities used handled, generated or stored. A PCBU is required to provide, maintain and have readily accessible any safety equipment required to control an identified risk in relation to hazardous chemicals. Under the NSW OHS Regulation 2001, an occupier must ensure, as far as is reasonably practicable, that any containers, pipework, attachments, equipment containing, or associated with, of dangerous goods on the occupier�s premises are protected from physical damage resulting from activities in or on the premises, including impacts, imposed loads and mechanical stress. The requirements now extend to all hazardous chemicals. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7 Key points Ignition sources are not to be introduced from with outside or within an area considered to be a hazardous area. A hazardous area is defined in AS/NZS 60079.10 (Electrical apparatus for explosive atmospheres � classification of hazardous areas) and AS/NZS 61241.10 (Electrical apparatus for use in the presence of combustible dusts - classification of areas where combustible dust may be present). Spill containment was covered under dangerous goods requirements in the NSW OHS Regulation 2001 but now encompasses requirements for all hazardous chemicals in solid or liquid form. Spill containment systems are not permitted to bring together two different hazardous chemicals that are not compatible. Compatible, for 2 or more substances, mixtures or items, means that the substances, mixtures or items do not react together to cause a fire, explosion, harmful reaction or evolution of flammable, toxic or corrosive vapours. The PCBU is required to submit an emergency plan to a primary emergency service (as defined in the WHS Regulations) for a review and where a written recommendation is made on its content or effectiveness, the plan is to be revised. The fire protection and fire fighting equipment must reflect the types of hazardous chemicals in the workplace and the quantities used handled, generated or stored. A PCBU is required to provide, maintain and have readily accessible any safety equipment required to control an identified risk in relation to hazardous chemicals. Under the NSW OHS Regulation 2001, an occupier must ensure, as far as is reasonably practicable, that any containers, pipework, attachments, equipment containing, or associated with, of dangerous goods on the occupier�s premises are protected from physical damage resulting from activities in or on the premises, including impacts, imposed loads and mechanical stress. The requirements now extend to all hazardous chemicals. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7

9. Key points Health monitoring (of an equal or better type as prescribed under the WHS Regulations) is required for workers (as defined under the WHS Act) that: carry out ongoing work at a workplace using, handling, generating or storing hazardous chemicals and there is a significant risk to the worker's health through exposure to a hazardous chemical referred to in Schedule 14, table 14.1, column 2; or because of ongoing work by a worker with hazardous chemicals there is a significant risk of exposure to a chemical not referred to in Schedule 14, table 14.1 and either; valid techniques are available to detect the effect on the worker's health; or a valid way of determining biological exposure is available and it is reasonably uncertain, whether the exposure to the hazardous chemical has resulted in the biological exposure standard being exceeded. Examples of additional types of monitoring that have been included in the WHS Regulations include: Organophosphates pesticides � demographic and history of use. Estimates are to be made on the day the substances are used. Polycyclic aromatic hydrocarbons (PAH) � records of photosensitivity and the provision of health advice including recognition of photosensitivity and skin changes. Vinyl chloride � physical examination Lead � biological monitoring. Health monitoring is to be supervised by registered medical practitioner with experience in health monitoring and the worker is to be consulted in this selection. Content of the health monitoring report is to cover: the name and date of birth of the worker; the name and registration number of the registered medical practitioner; the name and address of the PCBU who commissioned the health monitoring; and the date of health monitoring; any test results that indicate that the worker has been exposed to a hazardous chemical; any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; any recommendation that the PCBU take remedial measures, including whether the worker can continue to carry out the associated work; and whether medical counselling is required for the worker. The worker and other relevant PCBUs are to be informed of the results of health monitoring. Records are still to be kept for 30 years. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7Key points Health monitoring (of an equal or better type as prescribed under the WHS Regulations) is required for workers (as defined under the WHS Act) that: carry out ongoing work at a workplace using, handling, generating or storing hazardous chemicals and there is a significant risk to the worker's health through exposure to a hazardous chemical referred to in Schedule 14, table 14.1, column 2; or because of ongoing work by a worker with hazardous chemicals there is a significant risk of exposure to a chemical not referred to in Schedule 14, table 14.1 and either; valid techniques are available to detect the effect on the worker's health; or a valid way of determining biological exposure is available and it is reasonably uncertain, whether the exposure to the hazardous chemical has resulted in the biological exposure standard being exceeded. Examples of additional types of monitoring that have been included in the WHS Regulations include: Organophosphates pesticides � demographic and history of use. Estimates are to be made on the day the substances are used. Polycyclic aromatic hydrocarbons (PAH) � records of photosensitivity and the provision of health advice including recognition of photosensitivity and skin changes. Vinyl chloride � physical examination Lead � biological monitoring. Health monitoring is to be supervised by registered medical practitioner with experience in health monitoring and the worker is to be consulted in this selection. Content of the health monitoring report is to cover: the name and date of birth of the worker; the name and registration number of the registered medical practitioner; the name and address of the PCBU who commissioned the health monitoring; and the date of health monitoring; any test results that indicate that the worker has been exposed to a hazardous chemical; any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; any recommendation that the PCBU take remedial measures, including whether the worker can continue to carry out the associated work; and whether medical counselling is required for the worker. The worker and other relevant PCBUs are to be informed of the results of health monitoring. Records are still to be kept for 30 years. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 7

10. Key points Section 19(3)(f) of the WHS Act requires the provision of information, training, instruction and supervision. Additional requirements under the WHS Regulations for supervision in relation to hazardous chemicals include where a worker: uses, handles, generates or stores a hazardous chemical; or operates, tests, maintains, repairs or decommissions a storage or handling system for a hazardous chemical; or is likely to be exposed to a hazardous chemical. Note that under the new definition of a worker in the WHS Act, supervision of contractors etc. is required. Various hazardous chemicals have prescribed restricted uses that were previously listed as prohibited use under the NSW OHS Regulation 2001. Additional hazardous chemicals have been included in the list. Use of restricted carcinogens requires authorisation from WorkCover. A PCBU at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store (see WHS Act s43), polychlorinated biphenyls (PCBs) unless the use, handling or storage is: in relation to existing electrical equipment or construction material; or for disposal purposes; or for genuine research and analysis. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations: Chapter 7Key points Section 19(3)(f) of the WHS Act requires the provision of information, training, instruction and supervision. Additional requirements under the WHS Regulations for supervision in relation to hazardous chemicals include where a worker: uses, handles, generates or stores a hazardous chemical; or operates, tests, maintains, repairs or decommissions a storage or handling system for a hazardous chemical; or is likely to be exposed to a hazardous chemical. Note that under the new definition of a worker in the WHS Act, supervision of contractors etc. is required. Various hazardous chemicals have prescribed restricted uses that were previously listed as prohibited use under the NSW OHS Regulation 2001. Additional hazardous chemicals have been included in the list. Use of restricted carcinogens requires authorisation from WorkCover. A PCBU at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store (see WHS Act s43), polychlorinated biphenyls (PCBs) unless the use, handling or storage is: in relation to existing electrical equipment or construction material; or for disposal purposes; or for genuine research and analysis. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations: Chapter 7

11. Key points Additional lead process not mentioned in the NSW OHS Regulation 2001 include: hand grinding and finishing lead or alloys containing more than 50% by dry weight of lead; spray painting with lead paint containing more than 1% by dry weight of lead; using a power tool, including abrasive blasting and high pressure water jets, to remove a surface coated with paint containing more than 1% by dry weight of lead and handling waste containing lead resulting from the removal; a process that exposes a person to lead dust or lead fumes arising from manufacturing or testing detonators or other explosives that contain lead; a process that exposes a person to lead dust or lead fumes arising from firing weapons at an indoor firing range; foundry processes in certain circumstances involving: certain types of melting or casting of lead alloys or: or dry machine grinding, discing, buffing or cutting by power tools lead alloys; a process decided by the regulator to be a lead process under Regulation 393. PCBUs are required under certain conditions to provide notification to WorkCover of lead risk work in the workplace. PCBUs are required to conduct a review of controls if: a worker is removed from carrying out lead risk work at the workplace under regulation 415; the person obtains a health monitoring report: where a worker has reached or exceeded the relevant blood lead level for that worker, advice that the worker may have contracted a disease, injury or illness making, or recommends remedial actions including that a worker is removed form the work; the control measure does not control the risk so far as is reasonably practicable (may be indicated by monitoring or an incident); before a change that may give rise to a new /different risk that may not be effectively controlled; a new relevant hazard or risk is identified or through consultation; the HSR or WorkCover requests a review and at least every 5 years. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations: Chapter 7 Part 7.2Key points Additional lead process not mentioned in the NSW OHS Regulation 2001 include: hand grinding and finishing lead or alloys containing more than 50% by dry weight of lead; spray painting with lead paint containing more than 1% by dry weight of lead; using a power tool, including abrasive blasting and high pressure water jets, to remove a surface coated with paint containing more than 1% by dry weight of lead and handling waste containing lead resulting from the removal; a process that exposes a person to lead dust or lead fumes arising from manufacturing or testing detonators or other explosives that contain lead; a process that exposes a person to lead dust or lead fumes arising from firing weapons at an indoor firing range; foundry processes in certain circumstances involving: certain types of melting or casting of lead alloys or: or dry machine grinding, discing, buffing or cutting by power tools lead alloys; a process decided by the regulator to be a lead process under Regulation 393. PCBUs are required under certain conditions to provide notification to WorkCover of lead risk work in the workplace. PCBUs are required to conduct a review of controls if: a worker is removed from carrying out lead risk work at the workplace under regulation 415; the person obtains a health monitoring report: where a worker has reached or exceeded the relevant blood lead level for that worker, advice that the worker may have contracted a disease, injury or illness making, or recommends remedial actions including that a worker is removed form the work; the control measure does not control the risk so far as is reasonably practicable (may be indicated by monitoring or an incident); before a change that may give rise to a new /different risk that may not be effectively controlled; a new relevant hazard or risk is identified or through consultation; the HSR or WorkCover requests a review and at least every 5 years. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations: Chapter 7 Part 7.2

12. Key points Lead risk work means work carried out in a lead process that is likely to cause the blood lead level of a worker carrying out the work to exceed: (a) for a female of reproductive capacity� 10�g/dL (0.48�mol/L); or (b) in any other case�30�g/dL (1.45�mol/L). The frequency of monitoring must be increased where a worker is carrying out an activity that is likely to result in a significant change in the nature or increase in the duration or frequency of the worker�s lead exposure. WorkCover may determine a different frequency for monitoring. Health monitoring for females not of reproductive capacity and males varies from the requirements for females of reproductive capacity. The WHS Regulations specify the content of the health monitoring report. In certain circumstances, the PCBU must notify WorkCover of the results of health monitoring. If a worker is carrying out work where health monitoring is required, the PCBU must give a copy of the health monitoring report relating to the worker to WorkCover as soon as practicable after obtaining the report, if the report contains: (a) test results that indicate that the worker has reached or exceeded the relevant blood lead level for that person under regulation 415; (b) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; (c) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations: Chapter 7 Part 7.2Key points Lead risk work means work carried out in a lead process that is likely to cause the blood lead level of a worker carrying out the work to exceed: (a) for a female of reproductive capacity� 10�g/dL (0.48�mol/L); or (b) in any other case�30�g/dL (1.45�mol/L). The frequency of monitoring must be increased where a worker is carrying out an activity that is likely to result in a significant change in the nature or increase in the duration or frequency of the worker�s lead exposure. WorkCover may determine a different frequency for monitoring. Health monitoring for females not of reproductive capacity and males varies from the requirements for females of reproductive capacity. The WHS Regulations specify the content of the health monitoring report. In certain circumstances, the PCBU must notify WorkCover of the results of health monitoring. If a worker is carrying out work where health monitoring is required, the PCBU must give a copy of the health monitoring report relating to the worker to WorkCover as soon as practicable after obtaining the report, if the report contains: (a) test results that indicate that the worker has reached or exceeded the relevant blood lead level for that person under regulation 415; (b) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; (c) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations: Chapter 7 Part 7.2

13. Key points Asbestos work was previously used to cover asbestos work undertaken in relation to construction and demolition work but now includes manufacturing, supplying, transporting, storing , treating, disposing or disturbing asbestos. Chapter 8 does not apply to specific aspects involving asbestos e.g. mining operations. Asbestos work that is covered elsewhere in the WHS Regulations includes demolition; laundering; and certain activities involving non-friable asbestos fixed or installed before December 31, 2003. Naturally occurring asbestos means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil. Friable asbestos means material that is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry; and contains asbestos. Non-friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound. Note: Non-friable asbestos may become friable asbestos through deterioration. The asbestos register must record: (a) any asbestos or ACM identified or assumed to be at the workplace or likely to be present at the workplace from time to time including the date on which the asbestos or ACM was identified; and the location, type and condition of the asbestos or ACM; or (b) state that no asbestos or ACM is identified at the workplace or is likely to be present on occasion Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 8 Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos Key points Asbestos work was previously used to cover asbestos work undertaken in relation to construction and demolition work but now includes manufacturing, supplying, transporting, storing , treating, disposing or disturbing asbestos. Chapter 8 does not apply to specific aspects involving asbestos e.g. mining operations. Asbestos work that is covered elsewhere in the WHS Regulations includes demolition; laundering; and certain activities involving non-friable asbestos fixed or installed before December 31, 2003. Naturally occurring asbestos means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil. Friable asbestos means material that is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry; and contains asbestos. Non-friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound. Note: Non-friable asbestos may become friable asbestos through deterioration. The asbestos register must record: (a) any asbestos or ACM identified or assumed to be at the workplace or likely to be present at the workplace from time to time including the date on which the asbestos or ACM was identified; and the location, type and condition of the asbestos or ACM; or (b) state that no asbestos or ACM is identified at the workplace or is likely to be present on occasion Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 8 Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos

14. Key points Licenses are required for different classes of asbestos removal i.e. Class A and Class B and to be an asbestos assessor Licenses are to be recognised across jurisdiction under the model WHS legislative framework. Health monitoring is to be selected in consideration of: the worker's demographic, medical and occupational history; records of the worker's personal exposure; and a physical examination of the worker, unless another form of health monitoring is recommended by a registered medical practitioner. Selection of the medical practitioner is to be in consultation with the worker. A review and revision of controls in the asbestos management plan is required when there is: a review of the asbestos register or a control measure (e.g. in relation to an incident); if asbestos is removed from, or disturbed, sealed or enclosed at, the workplace; the plan is no longer adequate for managing asbestos or ACM at the workplace e.g. due to changes in work activities, plant or the workplace itself; a HSR requests a review if a circumstance above occurs and the person with management and control of the workplace has not adequately reviewed the asbestos management plan in response; at least once every 5 years. WorkCover is to be notified of health monitoring if the resultant report indicates: the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work. Tools that may expose workers to asbestos include power tools and high pressure water spray. Training for workers undertaking asbestos removal or asbestos related work is to include identification and safe handling of, and suitable control measures for, asbestos and ACM. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 8 Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos Key points Licenses are required for different classes of asbestos removal i.e. Class A and Class B and to be an asbestos assessor Licenses are to be recognised across jurisdiction under the model WHS legislative framework. Health monitoring is to be selected in consideration of: the worker's demographic, medical and occupational history; records of the worker's personal exposure; and a physical examination of the worker, unless another form of health monitoring is recommended by a registered medical practitioner. Selection of the medical practitioner is to be in consultation with the worker. A review and revision of controls in the asbestos management plan is required when there is: a review of the asbestos register or a control measure (e.g. in relation to an incident); if asbestos is removed from, or disturbed, sealed or enclosed at, the workplace; the plan is no longer adequate for managing asbestos or ACM at the workplace e.g. due to changes in work activities, plant or the workplace itself; a HSR requests a review if a circumstance above occurs and the person with management and control of the workplace has not adequately reviewed the asbestos management plan in response; at least once every 5 years. WorkCover is to be notified of health monitoring if the resultant report indicates: the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work. Tools that may expose workers to asbestos include power tools and high pressure water spray. Training for workers undertaking asbestos removal or asbestos related work is to include identification and safe handling of, and suitable control measures for, asbestos and ACM. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 8 Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos

15. Key points A written asbestos management plan must be prepared by a person with management/control of the workplace; maintained so that information in the plan is up to date and include information relating to: the identification of asbestos or ACM e.g. a link to or location of a register; decisions, and reasons for decisions, about the management of asbestos e.g. safe work procedures and permits to work; and procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace; and workers carrying out asbestos related work e.g. consultation, responsibilities, information and training. Discuss who this information should be made available to e.g. workers where asbestos work is being undertaken, contractors that may potentially be exposed, other PCBUs. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 8 Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos Key points A written asbestos management plan must be prepared by a person with management/control of the workplace; maintained so that information in the plan is up to date and include information relating to: the identification of asbestos or ACM e.g. a link to or location of a register; decisions, and reasons for decisions, about the management of asbestos e.g. safe work procedures and permits to work; and procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace; and workers carrying out asbestos related work e.g. consultation, responsibilities, information and training. Discuss who this information should be made available to e.g. workers where asbestos work is being undertaken, contractors that may potentially be exposed, other PCBUs. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 8 Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos

16. Key points Major hazard facilities are those that meet the criteria of the WHS Regulations including where hazardous chemicals listed in Schedule 15 exceed threshold quantities. These facilities are required to notify and be licensed by WorkCover. See Fact Sheet 9 for information to be covered where applicable. Major incident at a major hazard facility is an occurrence that: (a) results from an uncontrolled event at the major hazard facility involving, or potentially involving, Schedule 15 hazardous chemicals; and (b) exposes a person to a serious risk to health or safety emanating from an immediate or imminent exposure to the occurrence. The operator of a facility is the PCBU operating the facility who has: management or control of the facility; and the power to direct that the whole facility be shut down. An occurrence - any of the following: an escape, spillage or leakage; or implosion, explosion or fire. Visitors to the facility are to be informed about the hazards that may affect them, instructed in safety precautions and in the actions required if the emergency plan is implemented while they are present. General information for local community The operator of a licensed major hazard facility must ensure the provision of the following information to the local community and the local authority: the name and location of the major hazard facility and general description of the major hazard facility's operations; contact details of responsible persons and how the community will be notified the actions, as specified in the major hazard facility's emergency plan, that members of the local community should take if a major incident occurs; a summary of the safety case for the major hazard facility. The operator of a licensed major hazard facility who receives a written request from a person who reasonably believes that the occurrence of a major incident at the major hazard facility may adversely affect his or her health or safety must provide that person with a copy of the information provided to the local community e.g. a family with children suffering asthma living nearby a major water treatment facility where hazardous chemicals are stored in significant quantities could request this information. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 9 Key points Major hazard facilities are those that meet the criteria of the WHS Regulations including where hazardous chemicals listed in Schedule 15 exceed threshold quantities. These facilities are required to notify and be licensed by WorkCover. See Fact Sheet 9 for information to be covered where applicable. Major incident at a major hazard facility is an occurrence that: (a) results from an uncontrolled event at the major hazard facility involving, or potentially involving, Schedule 15 hazardous chemicals; and (b) exposes a person to a serious risk to health or safety emanating from an immediate or imminent exposure to the occurrence. The operator of a facility is the PCBU operating the facility who has: management or control of the facility; and the power to direct that the whole facility be shut down. An occurrence - any of the following: an escape, spillage or leakage; or implosion, explosion or fire. Visitors to the facility are to be informed about the hazards that may affect them, instructed in safety precautions and in the actions required if the emergency plan is implemented while they are present. General information for local community The operator of a licensed major hazard facility must ensure the provision of the following information to the local community and the local authority: the name and location of the major hazard facility and general description of the major hazard facility's operations; contact details of responsible persons and how the community will be notified the actions, as specified in the major hazard facility's emergency plan, that members of the local community should take if a major incident occurs; a summary of the safety case for the major hazard facility. The operator of a licensed major hazard facility who receives a written request from a person who reasonably believes that the occurrence of a major incident at the major hazard facility may adversely affect his or her health or safety must provide that person with a copy of the information provided to the local community e.g. a family with children suffering asthma living nearby a major water treatment facility where hazardous chemicals are stored in significant quantities could request this information. Background References www.safeworkaustralia.gov.au www.workcover.nsw.gov.au WHS Regulations Chapter 9

17. Module 7- Activity - The facilitator will divide the group into smaller groups to review the scenarios and determine responses. The group will come back together to discuss the answers. Activity The facilitator is to divide the participants into small groups. Each group is to review the scenarios provided and determine their responses. The group can select a spokesperson to respond to the whole group discussion. The facilitator will have the whole group discuss their answers. The facilitator will run a group discussion based on the answers given and clarify any issues. The facilitator may wish to add in scenarios that relate particularly to the group they are training. Activity The facilitator is to divide the participants into small groups. Each group is to review the scenarios provided and determine their responses. The group can select a spokesperson to respond to the whole group discussion. The facilitator will have the whole group discuss their answers. The facilitator will run a group discussion based on the answers given and clarify any issues. The facilitator may wish to add in scenarios that relate particularly to the group they are training.