Compliance code: Hazardous substances - Key changes

Key changes for 2019/20

The Minister for Workplace Safety, Jill Hennessy, approved minor amendments to 11 compliance codes (codes) made under the Occupational Health and Safety Act 2004 (OHS Act), which includes the Hazardous substances compliance code.

The minor amendments were made to:

• reflect amendments to section 35 and 36 of the OHS Act by the Treasury and Finance Legislation Amendment Act 2018
• improve style and branding consistency across the existing codes.

Change summary

Breakout box following paragraph 6

Replace "sulphuric" with "sulfuric".

Paragraph 33

Insert additional content (bold) and replace OHS Act reference to s36 with reference to s35:

"Employers who are required to consult on a matter must share information about the matter with employees, including relevant contractors and HSRs, give them a reasonable opportunity to express their views, and take those views into account before making a decision. If employees are represented by an HSR, the consultation must involve that HSR (with or without the involvement of the employees directly). If the employer and the employees have agreed to procedures for undertaking consultation, the consultation must be undertaken in accordance with those procedures. OHS Act s35".

Front cover

Update front cover to 'Edition 2'.

Back cover

Update back cover with new head office phone and address.

Update translation service contact details.

Key changes for 2018/19

The Hazardous substances compliance code, 2018 came into effect on 12 July 2018. It replaces the Hazardous substances code of practice, 2000. The new code is based on the old code and is designed to:

• be easy to read and use
• align with the Occupational Health and Safety Regulations 2017 (OHS Regulations)
• reflect modern work practices and state of knowledge
• align with other updated compliance codes

Reference and style changes

The new code includes some standard updates:

• The Globally Harmonised System of Classification and Labelling of Chemicals (GHS) replaces the Approved Criteria for Classifying Hazardous Substances.
• Safety Data Sheets (SDS) replace the Material Safety Data Sheets (MSDS).
• New references to relevant legislation when legal duties apply.
• Additional cross-references to make related information easier to find in the code.
• Information about Occupational Health and Safety Act 2004 (OHS Act) duties as well as OHS Regulations duties.

How to use this guide

The differences between the old and new codes are outlined in the following sections.

The sections reflect the new layout for the codes. Under each section is a short summary of the key changes and under this summary is a table that lists the headings of the old and new code for ease of comparison for duty holders.

Part 1 – Introduction

What has changed

The key changes include:

• Information has been updated to reflect the OHS Regulations and current state of knowledge.
• A preface has been added before Part 1 – Introduction, which incorporates information from Appendix 1 from the old code about what a code is, how it was developed and its legal status.

The following paragraphs have been added to Part 1 of the new code:

• application
• consultation
• information, instruction, training and supervision
• the risk management process
• A section on 'Who has duties' has been included to give a broad overview of duties owed by different types of duty holders, for example, employers, self-employed persons, manufacturers.
• The legislative framework now appears in Appendix A of the new code as 'The compliance framework'.

Part 2 – Duties of manufacturers and suppliers

What has changed

The key changes include:

• Information has been updated to reflect the OHS Regulations and current state of knowledge.
• References to classifying substances, the Approved Criteria for Classifying Hazardous Substances and the List of Designated Hazardous Substances have been replaced with references to the GHS and determining hazardous substances.
• References to Material Safety Data Sheets (MSDS) have been replaced with references to Safety Data Sheet (SDS) in line with drafting changes to the OHS Regulations.

Part 3 – Duties of employers

What has changed

The key changes include:

• information has been updated to reflect the OHS Regulations and current state of knowledge
• Part 3 has been separated into four sub-parts. Each sub-part covers a stage of the risk control hierarchy
• information about consultation, information, instruction and training has been moved to Part 1 of the new code
• references to MSDS have been replaced with references to SDS in line with drafting changes to the OHS Regulations
• information, instruction and training have been moved to Part 1 of the new code
• risk assessments have been removed from the new code as they are no longer a regulatory requirement
• health 'surveillance' has been updated to 'health monitoring' in line with drafting changes to the OHS Regulations
• information about hazardous substances produced or generated in the workplace has been expanded to consider control of risk provisions under Part 4.1 of the OHS Regulations

Appendices

What has changed

The key changes include:

The new code incorporates many of the appendices from the old code directly into the content. Any appendices from the old code that no longer appear in the new code have been removed as they are now outdated. For example:

• Information about what a compliance code is has been incorporated into the Preface.
• As the OHS Act 1985 was replaced by the OHS Act 2004, Appendix 2 was removed from the new code. Guidance about duties under the OHS Act 2004 is incorporated throughout the code.
• Key terms have been defined on page 7 and throughout the code where they are used.
• Case studies have been removed based on feedback that they are more suited to non-statutory guidance.