Australia
WHS

How is GHS implemented
in Australia?

Australia implements the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) through the Model Work Health and Safety (WHS) Regulation. Each state and territory implements its own regulation based on the WHS, except for Victoria which uses its own legal framework called OHS (Occupational Health and Safety Act). In addition, Australia has Codes of Practice to complement the regulations on the labelling of hazardous chemicals in the workplace and development of SDS on hazardous chemicals, to ensure the health of the workers.

What is Model WHS Regulation?

Australia adopted the seventh edition of the GHS in the workplace through the Model WHS Regulations.

It has been in force since 1 January 2021 with a transition period that ended on 1 January 2023, making the criteria of GHS 7 mandatory for chemical substances and mixtures in the workplace.

The official body responsible for the Model WHS Regulation is Safe Work Australia (SWA) and each jurisdiction has its own regulatory body.

The Model WHS Regulation affects chemical products in Australia, although there are some exceptions: cosmetic products, radioactive products, products intended for agriculture and veterinary purposes, tobacco, therapeutic and grooming products, food and beverages and chemicals that are classified only with environmental hazards..

What are the most relevant points of Model WHS Regulation?

• Both the SDS and label must be in English language and follow the 16-section format of the GHS.
  • An Australian emergency telephone number should be available and provide service outside working hours.
  • The date of revision of the SDS should be indicated, and if it has not been revised, the date of its preparation.
  • The pictograms used in section 2 of the SDS are not mandatory to place, but if they are used, they must have a size between 1x1cm² and 2x2cm².
• The units of measurement must be the official ones according to the National Measurement Law 1960.
• The SDS should be reviewed every 5 years and corrected whenever necessary so that it is up to date.
• The following hazard categories have not been adopted under the Australian GHS: Flammable gas, category 2; Acute toxicity (oral, dermal and inhalation), Category 5; Skin irritation, category 3; Aspiration hazard, category 2; Environmental hazards (acute and chronic aquatic toxicity; ozone layer hazard), all categories.
  • However, WHS does contemplate: Desensitized explosives, Flammable gases (including pyrophoric gases and chemically unstable Gases type A and B) and non-flammable aerosols (including Category 3).
  • Although the danger of Eye irritation, category 2 is contemplated, the subcategories 2A and 2B are voluntary.
• Labelling should follow the Code of Practice on Labelling of Hazardous Chemicals in the Workplace, established within the WHS. It establishes that:
  • Labelling requirements include: identification of the product and supplier or manufacturer (the address and telephone number must be Australian), identity and details of each chemical ingredient in accordance with Schedule 8 of the Model WHS Regulations, pictogram, H and P phrases, warning word and expiration date of the product when applicable.
  • The size of the label depends on the size of the package. This in turn influences the size of the pictogram and font size used.
  • If the package is small, the identification of the product and supplier/manufacturer and pictograms or hazard statements should be included as a minimum.

What other chemical regulatory requirements apply in Australia?

• The Australian Industrial Chemicals Introduction Scheme (AICIS) is the authority that regulates, assesses and manages the risks of manufacturing/importing industrial chemicals. It entered into force on July 1, 2020. It is regulated under the Industrial Chemicals Act of March 12, 2019. The aim of AICIS is to protect human and environmental health by registering the company.
  • AICIS is responsible for the Australian Inventory of Industrial Chemicals (AIIC), which is a database of chemicals manufactured or imported into Australia for industrial use.
  • Lower-risk substances are subject to simplified notification requirements to AICIS, while substances not included in the inventory are considered new and must undergo notification and risk assessment before being placed on the market. After the evaluation, the new substances will be classified as: exempt, subject to registration or evaluated.
• Australia has a Hazardous Chemicals Information System (HCIS). This is a web consulting service that provides information about chemicals classified according to GHS. It is the responsibility of the manufacturer or importer to classify their products according to HCIS.
• The Australian Code for the Transport of Dangerous Goods by Road and Rail (ADG) sets out the requirements for the safe transport of substances, and is based on the Model of United Nations (UN numbers).
• Pesticides are regulated under the Australian Pesticides and Veterinary Medicines Authority (AVPMA). The use of pesticides is regulated by the Australian Environmental Protection Agency (EPA), which takes into account the Pesticides Act 1999 and the 2017 Regulation. The products that want to be marketed must be registered in the National Registration Scheme for Agricultural and Veterinary Chemicals (NRS).
• Cosmetics and detergents are based on the Industrial Chemicals Act of 2019. This type of product must be registered according to the AICIS guidelines. On the other hand, the specifications for its labeling are marked by the Australian Competition and Consumer Commission (ACCC).

To ensure compliance with legislation it is important to have an effective tool.

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