All Members

Dear Members,

I am reaching out to seek your expertise regarding a few issues we are encountering related to the supply of chemicals and Safety Data Sheets (SDSs) in our workplace. Specifically, I would appreciate guidance on how these concerns align with the Model Work Health and Safety Regulations.

1. SDS Compliance by Suppliers:
   Many chemicals we purchase are distributed by domestic companies but are originally imported. In several cases, distributors appear to place their logo and address on the SDS, while retaining international information. This raises concerns about compliance with Section 339 and Schedules 6 (classification of mixtures) and 7 (safety data sheets) of the Model WHS Regulations.
• Is it the obligation of the PCBU to ensure we are supplied compliant SDSs, or should we expect suppliers to provide correct documentation?
• If we accept non-compliant SDSs, would our organisation face regulatory action, or does liability rest solely with the supplier?
2. Missing Regulatory Information (SUSMP):
   For chemicals distributed by domestic companies but originally imported, some SDSs lack specific regulatory information required under Schedule 7, Section 1(2)(o) (e.g., SUSMP data). If these SDSs instead include international regulatory details, does this constitute a breach of the regulation, or is it considered compliant?
3. SDS Accessibility and GHS Alignment:
   There are cases where SDSs are only accessible on supplier websites, labelled under terms such as "English (China)". While these SDSs include an Australian business address (alongside other international addresses), they omit Australian regulatory information.
• Is it the PCBU's responsibility to proactively request these SDSs, or does the supplier bear the obligation to provide them under Section 339(1)?
• Additionally, if these SDSs are used across multiple countries under GHS classification systems rather than the specific requirements of Schedule 6 of the Model WHS Regulations, would this be a breach of compliance?

Your guidance on these matters would be greatly appreciated to ensure we meet our obligations and address any potential compliance risks effectively.

I look forward to your responses.

Kind regards,

Hi Hunter,

Thank you for raising these important questions. I would suggest the following:

1. Supplier's Responsibility: If you are buying chemicals from Australian companies (manufactures or distributors), they are responsible for having Australian-compliant Safety Data Sheets (SDS) for chemicals they sell in Australia. Technically, they cannot legally sell those chemicals without being compliant. The supplier must provide a current SDS for the chemical on the first supply to a workplace and upon request. Therefore, you have all rights to request AUS-compliant SDSs from local companies at any time.

   However, it is different if you are an importer. In this case, it will be your responsibility to organize AUS-compliant SDSs, either by asking the manufacturer to organize it for you (though they may reject) or by doing it yourself with the help of SDS-authoring and regulatory businesses. It is also important that if you supply, use, or store hazardous chemicals, you must keep up-to-date hard copies in your workplace. Employers must ensure current SDSs are readily accessible to workers who use the hazardous chemicals. There are certain exceptions when hazardous chemicals do not require SDSs-please refer to the Work Health and Safety Regulation 2017 for additional information. From an OHS perspective, your organization is responsible for SDS compliance, accessibility, and training provided for the employees.

2. SDS Compliance Requirements: There are certain requirements for SDSs to be compliant in Australia. The structure and content should comply with Rev.7 of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) with 16 separate headings. The SDS must be written in English, should state the name, address, and business telephone number of the Australian importer or manufacturer, and provide an Australian business telephone number for emergency information. The SDS must be prepared within the last five years and updated every five years, including the workplace hard copies. SDSs are market-specific documents, meaning you cannot use e.g. an EU GHS-compliant version in Australia, even if it is in English, because Australian-specific information will be missing.

3. Incomplete Information in SDSs: It is acceptable when not all information is available in the SDS. In such cases, the manufacturer may state "No information available" in some sections. Listings in different chemical inventories and other regulatory classifications may also not be available if chemicals are manufactured overseas. If you miss this information for regulatory submissions or certification purposes, it will be your responsibility to organize additional testing and assessment in accredited laboratories to obtain the missing information. You may ask the manufacturer, but they are not responsible for meeting specific requirements in all markets unless they have an authorized distributor registered in Australia.

I hope this helps. If you have any additional questions, feel free to reach out directly: a.galkin@elementalsynergy.com.au

Kind regards,

Alex

Dear Members,

I am reaching out to seek your expertise regarding a few issues we are encountering related to the supply of chemicals and Safety Data Sheets (SDSs) in our workplace. Specifically, I would appreciate guidance on how these concerns align with the Model Work Health and Safety Regulations.

1. SDS Compliance by Suppliers:
   Many chemicals we purchase are distributed by domestic companies but are originally imported. In several cases, distributors appear to place their logo and address on the SDS, while retaining international information. This raises concerns about compliance with Section 339 and Schedules 6 (classification of mixtures) and 7 (safety data sheets) of the Model WHS Regulations.
• Is it the obligation of the PCBU to ensure we are supplied compliant SDSs, or should we expect suppliers to provide correct documentation?
• If we accept non-compliant SDSs, would our organisation face regulatory action, or does liability rest solely with the supplier?
2. Missing Regulatory Information (SUSMP):
   For chemicals distributed by domestic companies but originally imported, some SDSs lack specific regulatory information required under Schedule 7, Section 1(2)(o) (e.g., SUSMP data). If these SDSs instead include international regulatory details, does this constitute a breach of the regulation, or is it considered compliant?
3. SDS Accessibility and GHS Alignment:
   There are cases where SDSs are only accessible on supplier websites, labelled under terms such as "English (China)". While these SDSs include an Australian business address (alongside other international addresses), they omit Australian regulatory information.
• Is it the PCBU's responsibility to proactively request these SDSs, or does the supplier bear the obligation to provide them under Section 339(1)?
• Additionally, if these SDSs are used across multiple countries under GHS classification systems rather than the specific requirements of Schedule 6 of the Model WHS Regulations, would this be a breach of compliance?

Your guidance on these matters would be greatly appreciated to ensure we meet our obligations and address any potential compliance risks effectively.

I look forward to your responses.

Kind regards,

Dear Members,

I am reaching out to seek your expertise regarding a few issues we are encountering related to the supply of chemicals and Safety Data Sheets (SDSs) in our workplace. Specifically, I would appreciate guidance on how these concerns align with the Model Work Health and Safety Regulations.

1. SDS Compliance by Suppliers:
   Many chemicals we purchase are distributed by domestic companies but are originally imported. In several cases, distributors appear to place their logo and address on the SDS, while retaining international information. This raises concerns about compliance with Section 339 and Schedules 6 (classification of mixtures) and 7 (safety data sheets) of the Model WHS Regulations.
• Is it the obligation of the PCBU to ensure we are supplied compliant SDSs, or should we expect suppliers to provide correct documentation?
• If we accept non-compliant SDSs, would our organisation face regulatory action, or does liability rest solely with the supplier?
2. Missing Regulatory Information (SUSMP):
   For chemicals distributed by domestic companies but originally imported, some SDSs lack specific regulatory information required under Schedule 7, Section 1(2)(o) (e.g., SUSMP data). If these SDSs instead include international regulatory details, does this constitute a breach of the regulation, or is it considered compliant?
3. SDS Accessibility and GHS Alignment:
   There are cases where SDSs are only accessible on supplier websites, labelled under terms such as "English (China)". While these SDSs include an Australian business address (alongside other international addresses), they omit Australian regulatory information.
• Is it the PCBU's responsibility to proactively request these SDSs, or does the supplier bear the obligation to provide them under Section 339(1)?
• Additionally, if these SDSs are used across multiple countries under GHS classification systems rather than the specific requirements of Schedule 6 of the Model WHS Regulations, would this be a breach of compliance?

Your guidance on these matters would be greatly appreciated to ensure we meet our obligations and address any potential compliance risks effectively.

I look forward to your responses.

Kind regards,

Dear Members,

I am reaching out to seek your expertise regarding a few issues we are encountering related to the supply of chemicals and Safety Data Sheets (SDSs) in our workplace. Specifically, I would appreciate guidance on how these concerns align with the Model Work Health and Safety Regulations.

1. SDS Compliance by Suppliers:
   Many chemicals we purchase are distributed by domestic companies but are originally imported. In several cases, distributors appear to place their logo and address on the SDS, while retaining international information. This raises concerns about compliance with Section 339 and Schedules 6 (classification of mixtures) and 7 (safety data sheets) of the Model WHS Regulations.
• Is it the obligation of the PCBU to ensure we are supplied compliant SDSs, or should we expect suppliers to provide correct documentation?
• If we accept non-compliant SDSs, would our organisation face regulatory action, or does liability rest solely with the supplier?
2. Missing Regulatory Information (SUSMP):
   For chemicals distributed by domestic companies but originally imported, some SDSs lack specific regulatory information required under Schedule 7, Section 1(2)(o) (e.g., SUSMP data). If these SDSs instead include international regulatory details, does this constitute a breach of the regulation, or is it considered compliant?
3. SDS Accessibility and GHS Alignment:
   There are cases where SDSs are only accessible on supplier websites, labelled under terms such as "English (China)". While these SDSs include an Australian business address (alongside other international addresses), they omit Australian regulatory information.
• Is it the PCBU's responsibility to proactively request these SDSs, or does the supplier bear the obligation to provide them under Section 339(1)?
• Additionally, if these SDSs are used across multiple countries under GHS classification systems rather than the specific requirements of Schedule 6 of the Model WHS Regulations, would this be a breach of compliance?

Your guidance on these matters would be greatly appreciated to ensure we meet our obligations and address any potential compliance risks effectively.

I look forward to your responses.

Kind regards,