Health and Safety at Work (Hazardous Substances) Regulations 2017

Equipment

13.7 Duty of PCBU to ensure equipment is appropriate

(1)

A PCBU with management or control of work using a class 6 or 8 substance must ensure that equipment used to handle the substance—

(a)

retains the substance, without leakage, at all of the temperatures and pressures at which the equipment is to be used; and

(b)

dispenses or applies the substance, without leakage, at a rate and in a manner that the equipment is designed for.

(2)

The PCBU must ensure that the equipment is accompanied by documentation about the use and maintenance of the equipment to enable the equipment to be used and maintained in a manner that complies with subclause (1).

(3)

The PCBU must ensure that the documentation is—

(a)

readily available to any worker handling the substance; and

(b)

readily understandable by any fully trained worker required to access it.

(4)

A PCBU with management or control of work involving the application of a class 6 substance must ensure that the substance is applied using the equipment specified for the substance in a relevant safe work instrument (if applicable).

(5)

A PCBU with management or control of a workplace at which a class 6 substance is applied must ensure that the workplace has the facilities specified for the application of the substance in a relevant safe work instrument (if applicable).

(6)

This regulation does not apply to work involving a solid veterinary medicine (including a cream, capsule, or implant) when the medicine is being administered to or dispensed for an animal unless the medicine is—

(a)

a powder, granule, or other finely divided material; or

(b)

dissolved before being administered to an animal.

(7)

A PCBU who contravenes subclause (1), (4), or (5) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

(8)

A PCBU who contravenes subclause (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 7(1), (2)