Work Health and Safety Peter Vitali Principal Dangerous Goods Advisor. Ross Bootes Senior Safety Analyst October 2011 Regulatory Requirements - Aerosols
Work Health and Safety
Peter Vitali Principal Dangerous Goods Advisor. Ross Bootes Senior Safety Analyst October 2011
Regulatory Requirements - Aerosols
Current Operating Regulatory Model Victoria
• Dangerous Goods Act 1985
> Dangerous Goods (Storage and Handling) Regulations 2000
- Code of Practice - Storage and Handling of Dangerous Goods
- Reference to Australian Standards such as AS2278.1-2008 “Aerosol Containers. Part 1: Metal aerosol dispensers of capacity 50ml to 1000 l inclusive.”
- Maximum pressure being 1200 kPa except for non flammable compressed propellant which can be 1320 kPa @ 50 degrees Celsius (refer clause 3.4 of std)
Presentation to Aerosol Association, 12.10.2011
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New Work Health and Safety Laws
• Reduce the regulatory burden
• Provide consistent protection for all workers
• Improve work health and safety outcomes.
All Jurisdictions have committed to harmonising work health and safety Laws
Presentation to Aerosol Association, 12.10.2011
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The regulatory framework
Model Work Health and Safety Bill and Regulations
Presentation to Aerosol Association, 12.10.2011
Victorian Work Health and Safety Laws
Regulations
Codes of Practice
Guidance Material
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Jurisdictional Status of the WHS Bill (as at 12 October 2011)
Introduced into
Parliament
Qld
Jurisdiction Status
Victoria has delayed the introduction of this new legislation pending further impact analysis (reference Premier of Victoria Announcement of 28 September 2011)
Passed
NSW Passed with amendments
SA Back in the Lower House
C’wealth Referred to Senate Committee
ACT In Parliament
Presentation to Aerosol Association, 12.10.2011
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Changes for Victoria in the model bill: Duties of care
Primary Duty of Care
Person Conducting business or undertaking
Specific classes of duty holders
Reasonably practicable
Relevant Standard Duties associated with the activity
Nature of the Activity
Due diligence
Reasonable care
Reasonable care
Officer’s Duty of Care
Worker’s Duty of Care
Duty of Care by Others (visitors at a workplace)
Organisation decision making and governance
Work activities (including supervision)
Circumstantial attendance (visitors at a workplace)
Operation of the business or undertaking
Presentation to Aerosol Association, 12.10.2011
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Draft model Codes of Practice: Stage 1
• How to Manage Work Health and Safety Risks • How to Consult on Work Health and Safety • Managing the Work Environment and Facilities • Facilities for Construction Sites • Managing Noise and Preventing Hearing Loss at Work • Hazardous Manual Tasks • Confined Spaces • How to Manage and Control Asbestos in the Workplace • How to Prevent Falls at Workplaces • How to Safely Remove Asbestos • Labelling of Workplace Hazardous Chemicals • Preparation of Safety Data Sheets for Hazardous Chemicals
Presentation to Aerosol Association, 12.10.2011
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Hazardous Chemicals
Replaces Dangerous Goods Regulations 2000 and Hazardous Substances Regulations 2007 Similar coverage (with some exceptions) Hazardous Chemicals meets the GHS criteria Recognises the ADG Code classification/Labelling for chemicals that are dangerous goods
Presentation to Aerosol Association, 12.10.2011
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Hazardous Chemicals
Safety Data Sheets - Aerosols UN 1950 Manifest of Hazardous Chemicals - Required @ 10 000* litres for
Aerosols Placards Required – 5000* Litres for Aerosols Register of Chemicals – No change as per current requirements *Both current Victorian and New WH&S Regulations - No change
Presentation to Aerosol Association, 12.10.2011
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10 000 L aerosols, 5000 L 2.1 bulk
Manifest
Emergency Plan
Request advice on plan
Have regard* to advice
Notification to WorkSafe
Action Thresholds
Manifest Quantity
20 000 L aerosols, 5000 L 2.1 bulk Request Fire Protection Report
Have regard to report
Fire Protection Quantity (Vic. 2012)
Aggregate quantities, e.g. 20 tonne 2.1
Additional notification to WorkSafe
Can be determined to be MHF
>10% Major Hazard Quantity
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What employers can do now
Be proactive Review your existing health and safety policies and procedures
Get to know the new definitions and duties that apply to you View the model legislation on the Safe Work Australia website
Understand your rights, obligations and duties under the model laws
Plan ahead Allocate time, costs and staff for
relevant training in coming months (including for health and safety
representatives).
Presentation to Aerosol Association, 12.10.2011
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Stay informed > Workplace health and safety professional > Peak body, representative organisation or
chamber of commerce > WorkSafe and Safe Work Australia
websites
What employers can do now
Engage your workers > Talk to your workers and health and safety representatives about the
new laws
Presentation to Aerosol Association, 12.10.2011
What Compliance looks like for --- Aerosols
Workplaces - Compliance with the Dangerous Goods (Storage and Handling) Regulations 2000 - Guidance found in the Dangerous Goods Code of Practice and specific reference for risk controls as referenced in specific standards such as:-
AS2271.1 and AS3833.2007 “The storage and Handling of mixed classes of dangerous goods, in packages and intermediate bulk containers”
Road Transport – Compliance with the Dangerous Goods (Transport by Road or Rail) Regulations 2008 – which mandates compliance with the Australian Code for the Transport of Dangerous Goods by Road or Rail. 7th Edition
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What Compliance looks like for --- Aerosols (labelling)
Workplaces • timetable for transition to GHS labelling still to be determined
• typically only addition will be chronic health label elements
Road Transport • No change, GHS will be accepted
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What Compliance looks like for --- Aerosols (mixed classes)
• Retail Shops – Up to 2000 litres (Ref table 3.2 of AS3833)
• Retail Distribution Centres - No upper limit, provided the building design and features comply with part 3.5 of AS3833
• Industrial/Commercial Storage - Aerosols must be kept in cages where quantities exceed minor storage limits (ref clause 5.4.1(k) of AS3833)
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