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

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


The regulatory framework

Model Work Health and Safety Bill and Regulations


Victorian Work Health and Safety Laws

Regulations

Codes of Practice

Guidance Material

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


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


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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


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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


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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



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).


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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


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


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


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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