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Storage and handling of dangerous goods

Advice about the storage and handling of dangerous goods for those persons or facilities who can be granted an exemption.

Date: June 1, 2013
Keycode: 0154/01/12.11
Publication type: Information About
Industries: Manufacturing
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Description

This information shares advice about the storage and handling of dangerous goods for those persons or facilities who can be granted an exemption.An application for an exemption must be provided in writing and include name and details of the applicant and the name and address of the premises.

Storage and handling of dangerous goods

Advice on exemptions

WorkSafe Victoria (WorkSafe) regulates the storage and handling of dangerous goods under the Dangerous Goods Act 1985 (DG Act) and the Dangerous Goods (Storage and Handling) Regulations 2012 (Regulations).

The Regulations contain predominantly performance-based obligations for the safe storage and handling dangerous goods. The Regulations also provide flexibility in how these duties are met and allow WorkSafe to grant exemptions from compliance with any or all of the provisions of the Regulations where an equivalent level of health and safety can be met.

The Regulations are supported by the Code of Practice for Storage and Handling of Dangerous Goods (the Code), which provides practical guidance on how to comply with specific duties and incorporates a number of Australian Standards applying to the storage and handling of dangerous goods.

It is not mandatory to comply with the Code, which means a person may choose to comply with the relevant provisions in the Regulations in another way. However, where the provisions of an Australian Standard are relevant to a duty under the Regulations, following those provisions will be regarded as compliance with the relevant duty under the Regulations.

When can WorkSafe grant an exemption?

Under regulation 9, WorkSafe may exempt a person or class of person (including an organisation), premises or a class of premises or an activity or other thing or class of activity or other thing form the any or all provisions in the Regulations if satisfied that the person is capable of achieving at least an equivalent level of health and safety of individuals and safety of property that would be achieved if the Regulations were complied with.

WorkSafe can also grant an exemption from a provision of the Regulations which is an administrative requirement and not directly associated with a risk control measure and inappropriate and unnecessary in the circumstances.

 

Can I apply for an exemption from the Code or an incorporated technical standard?

You don’t need an exemption from the Code because it is not mandatory to comply with the Code and only one means of achieving compliance with the Regulations.

What is required when applying for an exemption?

An application for an exemption must be in writing and include:

  • the name and details of the applicant
  • the persons, premises, activity or other thing (or class of persons, premises, activity or other thing) for which the exemption is sought
  • the name and address of the premise(s) if applicable
  • the specific provisions of the Regulations for which the exemption is sought
  • for an exemption for a person, premises, activity or other thing-  details of the grounds on which the exemption is  sought and how an equivalent level of health and safety of individuals or safety or property will be achieved, or
  • for an exemption from an administrative requirement - why that requirement is not directly associated with a risk control measure or is inappropriate or unnecessary in the circumstances.


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