Department of Justice and Community Safety

DANGEROUS SUBSTANCES - HANDLING & STORAGE

The ACT Government has introduced new laws for the safe handling and storage of dangerous substances. The Dangerous Substances (General) Regulation 2004 (the Reg) took effect on 31 March 2005.

If you handle and/or store dangerous substances, you will need to understand the new requirements. If you are responsible for premises where dangerous substances are stored in bulk, you will also need to notify ACT WorkCover so that the premises can be registered.

In April 2004, the ACT’s Dangerous Goods Act 1975 was repealed and the Dangerous Substances Act 2004 (the Act) took effect. The Act establishes a modern framework for the management of dangerous goods and hazardous substances. In April 2004, new regulations for the control of explosives were introduced.

The Reg will apply to dangerous goods of classes 2, 3, 4, 5, 6.1, 8 and 9, C1 and C2 combustible liquids and “goods too dangerous to be transported”. Radioactive substances and infectious substances are covered by other ACT laws.

Together, the Act and the Reg implement nationally agreed frameworks for chemical management based on the National Standard for the Storage and Handling of Workplace Dangerous Goods.

All Australian jurisdictions have put, or will shortly be putting, similar laws in place. Most of the new safety management and information requirements, and control measures will be familiar to anyone who handles dangerous substances regularly.

Who do the new requirements apply to?

The new requirements apply to users, manufacturers, importers and suppliers of dangerous substances where these activities are carried out in a business or commercial context. There are specific duties which each of these groups must comply with. These duties include:

correctly classifying the substance
ensuring that it is in a safe condition for handling, and properly packed and labelled
storing the substance safely with appropriate signage
keeping accurate records and safety information

What are the requirements for a Safety Management System?

The Act requires the preparation and documentation of a safety management system where dangerous substances are commercially handled.

Users, manufacturers, importers and suppliers of dangerous substances must identify hazards, assess the associated risks, and put control measures in place. They will also need to consult with employees and health and safety representatives about the safety management system and ensure employees are properly inducted, trained and provided with information about the dangerous substances in the workplace. Risk assessments will need to be reviewed every 5 years.

What control measures are required?

People in control of premises where dangerous substances are handled and stored are responsible for controls such as:

controlling access to the site/substances
keeping plant and equipment properly maintained
ensuring there are no ignition sources in hazardous areas
preventing spills, and containing spills and leaks that do occur
preventing interaction with other substances
thoroughly cleaning tanks and containers
providing safety and personal protective equipment
providing fire protection and fire fighting equipment
developing emergency procedures

What are Safety Data Sheets?

Safety data sheets (sometimes called material safety data sheets or MSDS) describe the chemical and physical properties of a substance and provide advice on its safe handling and use. Manufacturers of a substance will be required prepare a safety data sheet. Persons in control of premises where dangerous substances are held are required to obtain and keep copies of safety data sheets.

What are the requirements for Placards, Manifests and Registers?

The new Regulation require premises where dangerous substances are held to be properly placarded. Placarding requirements are set out in the Regulation and follow nationally and internationally agreed standards, e.g. a HAZCHEM outer warning placard. Placards need to be displayed on all premises holding quantities at or over the “placard threshold”.

There are also new requirements for the keeping of registers. The register is a list of the dangerous substances handled at the premises along with their safety data sheets.

Premises with larger or more dangerous amounts of specified substances will also need to maintain manifests. Manifests provide emergency services personnel with information about the quantity, type and location of dangerous substances on a site. Emergency plans also have to be developed for premises where the quantity of dangerous substances is at or above “manifest quantity”.

Do premises where Dangerous Substances are stored need to be licensed?

The new laws replace the licensing system for dangerous goods in the repealed Dangerous Goods Act 1975 with a new scheme for notification and registration.

All licences issued under the Dangerous Goods Act 1975 expired on 31 March 2005. Premises which were previously licensed may need to be registered under the new arrangements. It is important that you find out whether your premises must be registered and ensure that this is in place.

The Notification Form is available here.

Which sites require notification and registration?

All premises at which dangerous substances are stored (or are likely to be stored) in quantities at or greater than the placard quantity threshold must be notified to ACT WorkCover to be registered.

A table specifying placard quantity is attached

The notification will provide a basic level of information about the dangerous substances stored at the premises. The notification will be acknowledged with a letter and the assignment of a unique registration number. Registration will need to be renewed every 2 years. Where there is a significant change of risk on a registered premises, this will need to be notified. Offences apply to premises which should be registered but have not been.

What kind of information needs to be provided in the notification form?

The notification form includes details about the premises such as the address, the business name, and contact information of the person in control. Information needs to be provided on the main dangerous substance handling activities (e.g. storage, retail, service station), and whether the substances are packaged, held in bulk storage, or are goods too dangerous to be transported. The quantities of each class or type of substance needs to be inventoried.

Further Information

For further information on the new requirements please contact the Dangerous Substances Team at ACT WorkCover.

The National Standard for the Storage and Handling of Workplace Dangerous Goods and the accompanying Dangerous Goods Code of Practice, and other useful guidance documents can be accessed on the Office of Australian Compensation Council website www.nohsc.gov.au.

Workcover