CETEC are helping clients integrate a new system of classifying chemicals and hazardous risks. Called the Globally Harmonised System of Classification and Labelling of Chemicals (GHS), it has replaced the previously Approved Criteria for Classifying Hazardous Substances. 

These changes implement an internationally agreed-upon system for classifying and labelling hazardous chemicals. Planned for global use, it continues to protect the environment and people from chemical hazards, while additionally aiming to reduce the time and costs associated with labelling chemicals for different jurisdictions, and remove trade barriers.

Manufacturers, importers, sellers and/or users of these hazardous chemicals are most affected and need to take action to implement the changes to labelling and classification. 

The biggest changes relate to: 

• Pictograms: The GHS uses nine standard symbols with one of two signal words: Danger or Warning. 
• Labels: Labels include simpler hazard and precautionary statements. 
• Safety Data Sheet (SDS): The Materials Information is clearly described under 16 universal headings. 

As of 1^st January 2023, the transition to the 7^th revised edition of the GHS (GHS 7) ended, and now all manufacturers and importers must use GHS 7 to prepare classifications, labels and SDS data for hazardous chemicals.

The key differences between GHS 3 and GHS 7 are new hazard categories and classes for: 

• • Desensitised explosives. 

• • Pyrophoric gases. 

• • Chemically unstable gases. 

• • Non-flammable aerosols. 

• • Updated precautionary statements. 

These changes clarified the definition of ‘hazardous chemical’, ensuring it captures all Category 2 eye irritants. These can be further sub-categorised as Category 2A and 2B; however, currently, the sub-categories 2A and 2B are not mandatory in Australia. 

As a supplier or importer, you will need to ensure: 

• • All your chemicals are classified under GHS. 

• • All chemicals are re-labelled. 

• • Ensure you have a new or updated SDS that incorporates these changes. 

Where are labels under the WHS Regulation not required?

Before 2017, the 1994 National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] was used to label workplace hazardous chemicals. If chemicals were manufactured or imported before 1^st January 2017 and labelled with the 1994 National Code of Practice and retain their original label, which remains fully legible, then these chemicals do not need to be re-labelled in accordance with the WHS Regulation.

Food and beverages: 

Food and beverage products packaged in a form intended for consumption, i.e. retail packages, do not require labelling under the WHS Regulation.

However, in large quantities, these must be labelled to meet workplace requirements. For example, a warehouse storing alcoholic spirits must label the storage area to meet WHS requirements, while the same spirits on a store shelf do not. 

Agricultural and veterinary chemical products: 

Agricultural and veterinary (AgVet) chemicals must meet the labelling requirements of the Agricultural and Veterinary Chemicals Code Act 1994. Where an AgVet chemical is also a hazardous chemical, additional workplace labelling requirements under the WHS Regulation apply, set out in Section 3.10 of the Code.

However, veterinary chemical products are not required to meet these additional workplace labelling requirements if they are: 

• A veterinary chemical product within the meaning of the Agricultural and Veterinary Chemicals Code Act 1994. 
• Listed in the Poisons Standard, Part 4 of Schedule 4, packaged and supplied in a form intended for the direct administration to an animal for therapeutic purposes. 
• Listed in the Poisons Standard, Part 4 of Schedule 8. 

For further information, refer to the Australian Pesticides and Veterinary Medicines Authority (APVMA), www.apvma.gov.au. 

Cosmetics and toiletries: 

Under the WHS Regulation, cosmetics and toiletries packaged for consumer use are exempt from workplace labelling requirements. This includes sample bottles of cosmetics at retail stores and toiletries being used at a workplace.

However, when cosmetics or toiletries, which contain hazardous chemicals, are stored, handled or used in the workplace and not packaged for consumer use, they must be labelled in accordance with workplace labelling requirements. This includes cosmetics and toiletries in quantities that need to be repackaged, as well as any chemical intermediates and ingredients being used to manufacture these cosmetics and toiletries. 

Hazardous chemicals in transit: 

Hazardous chemicals that are in transit do not require labelling under WHS laws.

Chemicals in Transit are defined as: 

• Supplied to, or stored at, a workplace in containers that are not opened at the workplace. 
• Not used at the workplace. 
• Kept at the workplace for not more than five consecutive days. 

The requirements for the packaging and labelling of chemicals in transit are instead set out in Australian Transport Laws and Codes, which include: 

• The Australian Code for the Transport of Dangerous Goods by Road and Rail. 
• The Australian Code for the Transport of Explosives by Road and Rail. 
• The International Maritime Dangerous Goods Code. 
• The Civil Aviation Safety Regulations. 

Who has a duty to label hazardous chemicals? 

The WHS Regulation applies specific duties in relation to the correct labelling of hazardous chemicals in the workplace.

Under the WHS Regulation, manufacturers and importers have an obligation to correctly classify substances, mixtures or articles in order to meet any applicable law in Australia, in addition to any local state requirements.

Manufacturers and importers of hazardous chemicals: 

A manufacturer or importer of hazardous chemicals must ensure that the chemical is correctly labelled as soon as practicable after manufacturing or import into Australia. This means the hazardous chemical must be labelled per the GHS and with Schedule 9 of the WHS Regulation. 

A person who packages or re-labels a hazardous chemical with a product name is considered to be a manufacturer and, therefore, will have the same obligations as the manufacturer or importer under the WHS Regulation to correctly label. 

Suppliers of hazardous chemicals: 

A supplier must not supply a hazardous chemical to a workplace if the supplier knows, or ought reasonably to know, that the chemical is not labelled in accordance with Clause 335 of the WHS Regulation. 

Persons conducting a business or undertaking that uses, handles or stores hazardous chemicals: 

A Person Conducting a business of undertaking (PCBU)must ensure that any hazardous chemical that is used, handled or stored at the workplace is correctly labelled per Clause 335 of the WHS Regulation. 

Additionally, they must ensure: 

• A hazardous chemical is correctly labelled if the chemical is manufactured at the workplace, transferred or decanted from the chemical’s original container into another container. 
• As reasonably practicable, all containers are correctly labelled in accordance with Clause 335 of the WHS Regulation while holding a hazardous chemical. 
• Containers, labelled for holding a hazardous chemical, are used only for the use, handling or storage of the hazardous chemical. 

However, the three duties listed do not apply if the hazardous chemical is used immediately after being put into the secondary container and the container is thoroughly cleaned after the chemical has been used, handled or stored. 

A PCBU must also ensure, so far as is reasonably practicable, that hazardous chemicals in pipe work are identified by a label, sign or another means on or near the pipe work. 

How does CETEC work to ensure our clients are compliant?

It’s a complex set of rules with many nuances. To ensure our clients are compliant CETEC can undertake the following: 

Conduct Facility Audits: including chemical storage and handling areas, to identify shortfalls and provide advice on mitigation strategies. 

Review Handling and Storage: of hazardous chemicals to applicable Australian Standards, including but not limited to:

Laboratory design and safety Standards: 

• AS/NZS 2982 – Laboratory design and construction. 
• AS/NZS 2243.3 – Safety in laboratories, Microbiological safety and containment.
• AS/NZS 2243.8 – Safety in laboratories, Fume cupboards. 
• AS/NZS 2243.9 – Safety in laboratories, Recirculating fume cabinets.

• AS 2243.2 – Safety in laboratories. Part 2: Chemical aspects and storage. 
• AS 4332 – The storage and handling of gases in cylinders. 
• AS 1894 – The storage and handling of non-flammable cryogenic and refrigerated liquids. 
• AS 1940 – The storage and handling of flammable and combustible liquids. 
• AS/NZS 5026 – The storage and handling of Class 4 dangerous goods. 
• AS 4326 – The storage and handling of oxidizing agents. 
• AS 2714 – The storage and handling of organic peroxides. 
• AS 3780 – Storage and handling of corrosive substances. 
• AS/NZS 4681 – The storage and handling of Class 9 (miscellaneous) dangerous goods and articles. 
• AS/NZS 3833 – The storage and handling of mixed classes of dangerous goods, in packages and intermediate bulk containers.
• AS 1216 – Class labels for dangerous goods. 

• AS/NZS 60079.10.1 – Explosive atmospheres, Classification of areas – Explosive gas atmospheres. 
• AS/NZS 60079.29.2 – Explosive atmospheres, Gas detectors, Selection, installation, use and maintenance of detectors for flammable gases and oxygen. 

Author and update of out-of-date Safety Data Sheets. 

Offer independent, third-party reviews and audits of: 

• Architectural floor plans for new scientific facilities, including storage strategies to ensure compliance with applicable Australian Standards, legislation and codes of practice. 
• Chemical Holdings to determine if storage is overplacarding.
• Manifest quantities
• Packing and transportation of hazardous chemicals.
• Warehouse storage facilities for compliance of the storage of retail packages, including paints, spirits and pool chemicals etc.
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Provide immediate and long-term strategies to aid in the mitigation of risks.

Conduct Chemical contamination assessments

• For facilities which are to undergo renovations, decommissioning or minor works to ensure workmen conducting the renovations or the decommissioning of equipment are not exposed to chemical risks

Aid in the generation of a Remediation Action Plan (RAP)

• For facilities in which incidents have occurred, such as chemical spills, minor fires, decontamination activities, etc.

Conduct occupational hygiene monitoring

• To ensure workers are not exposed to levels of chemicals and substances above any workplace limits.

For further information on CETEC’s capabilities, visit our Dangerous Goods page or Contact Us using the links below.