Health and Safety at Work (Hazardous Substances) Regulations 2017

General duties

13.3 Duty of PCBU to keep record of application of certain class 6 and 8 substances

(1)

A PCBU with management or control of a class 6.1A, 6.1B, 6.1C, 6.6A, 6.7A, 8.2A, or 8.2B substance applied for the purpose of causing biocidal action must ensure that a written record of each application of the substance is kept in accordance with regulation 13.4, if the application is in a place within a workplace—

(a)

where members of the public may lawfully be present; or

(b)

where the substance is likely to enter air or water and leave the place.

(2)

A PCBU with management or control of an organophosphate or carbamate plant protection insecticide applied for plant protection purposes must ensure that a written record of each application of the substance is kept in accordance with regulation 13.4.

(3)

The PCBU must ensure that the written record is kept for at least 3 years after the date on which the substance that the record relates to is applied.

(4)

This regulation does not apply to the application of a hazardous substance—

(a)

for the disinfection of a public drinking water supply; or

(b)

for the treatment of tertiary effluent at a wastewater plant.

(5)

This regulation does not apply to—

(a)

a veterinary medicine that is, or is to be, administered to or dispensed for an animal; or

(b)

a substance that has a class 1 classification; or

(c)

a fumigant.

(6)

A PCBU who contravenes subclause (1), (2), or (3) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Compare: SR 2001/117 r 5(1)