Tuesday, June 16, 2009

dangerous act 1985 RETAILERS DUTIES

RETAILER’S DUTIES
29. Introduction
This Part of the Code provides guidance to occupiers who are retailers. It applies only to
dangerous goods in consumer packages that are:
· on display at retail outlets and are for sale to the general public; or
· kept in transit storage in areas of the retail outlet after they are unloaded from transport
vehicles and before they are displayed for sale.
It does not apply to dangerous goods in bulk containers that are stored and handled at retail
outlets.
What is a consumer package?
A “consumer package” means a container of a net capacity that is readily available through
retail outlets for household consumption or consumption by an occasional user. It is a package
that a manufacturer or supplier has identified as suitable for use in all market sectors.
The inner packaging quantities cited in table 1.1 and 1.2 of the ADG Code would all fall
within the commonly understood meaning of consumer package but do not restrict the
application of the term.
Examples of consumer packages are:
· “pool chemicals” such as granulated chlorine (class 5.1) – widely available in packages
having a net quantity of up to 10 kilograms;
· sodium hypochlorite solutions (class 8 PG II) – when marketed as a “pool chemical’ the
containers can have a capacity of up to 20 litres;
· ammonium nitrate fertilisers (class 9), which are widely available in a net quantity up to 25
kilograms.
30. Relationship with other Parts of this Code
If this Part of the Code applies to your premises, you may choose to follow the guidance in
this Part without the need to refer to Part 3 of this Code (except where noted).
31. MSDS
You are not required to obtain an MSDS for dangerous goods in consumer packages that are
intended for retail sale unless the consumer packages are opened on the premises. However,
you may choose to act by arrangement with your suppliers to distribute MSDS. This would be
particularly appropriate for trade sale outlets.
For those dangerous goods for which an MSDS has not been obtained, you must have
alternative relevant health and safety information readily accessible. This information may be
in the form of generic MSDS, health and safety information provided by the manufacturer or
supplier, and publications produced by industry organisations. It should enable employees and
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emergency services authority personnel to deal with incidents such as spillages and damaged
consumer packages.
32. Risk management for retail situations
32.1 Hazard identification
It is sufficient compliance with regulation 404 for you to prepare a list of all of the types of
dangerous goods that are kept at the retail outlets. The list must include the name of each of
the dangerous goods, the Class, Subsidiary Risk and Packing Group of each of the dangerous
goods.
32.2 Risk assessment
It is sufficient compliance with regulation 405 for you to document the following broad types
of risks associated with the storage and handling of dangerous goods at the premises:
· fire and explosion risks associated with the storage and handling of flammable liquefied
gases (Class 2.1 or Subsidiary Risk 2.1), flammable liquids (Class 3 or Subsidiary Risk 3)
and dangerous goods of Class 4.1, 4.2 and 4.3 or Subsidiary Risk 4.1, 4.2 or 4.3.
· fire risks that may result from the storage and handling of oxidising agents of Class 5.1 or
Subsidiary Risk 5.1 or organic peroxides of Class 5.2.
· the toxic risks associated with dangerous goods of Class 6.1 or Subsidiary Risk 6.1.
· the corrosive risks associated with dangerous goods of Class 8 or Subsidiary Risk 8.
32.3 Risk control for goods on display
To control risk associated with dangerous goods in the display area:
· Ensure packages are marked in accordance with the ADG Code (unless the dangerous
goods are placed in a container provided by the purchaser).
· Keep dangerous goods away from other retail goods, such as food or personal products,
that could be contaminated in the event of leakage. This may be achieved by the use of an
impervious barrier or by a separation distance sufficient to prevent contamination (a
distance of 1.5 metres should be sufficient in most circumstances).
· Keep dangerous goods away from incompatible products. For example, swimming pools
chlorine (calcium hypochlorite) should be kept away from any oils, flammable and
combustible liquid. In addition isocyanurate pool chlorine and hypochlorite pool chemicals
can react violently together and must be kept separate. Section 9.1.3 of the ADG Code
provides advice on the compatibility of dangerous goods.
· Don’t store packages of liquid dangerous goods above solid dangerous goods in paper or
absorbent packaging.
· Stow packages in a way that will prevent the packages from falling or being dislodged and
being damaged.
· Do not open packages of dangerous goods on the premises. Exceptions to this would be for
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tinting of paint for immediate sale and customer testing of the contents of the packages.
· If dangerous goods are dispensed into containers provided by the customer (for example,
mineral turpentine, kerosene or LP Gas), you should ensure that all aspects of the filling
operation comply with:
- AS 1940 The storage of flammable and combustible liquids if the dangerous goods are
flammable or combustible liquids;
- AS 1596 Storage and handling of LP Gas if the dangerous goods are LP Gas. (Refer to
section 11 of this Code for further guidance on filling gas cylinders.)
· Immediately clean up any spillage of dangerous goods in a safe manner.
· Ensure equipment and sufficient quantities of materials for absorbing, neutralising or
decontaminating spills from the largest packages on the premises are kept at the premises.
(Spill containment should not be needed unless the quantity of dangerous goods that may
spill on any one occasion could create a risk in other parts of the premises or beyond the
premises. Catchment for firefighting effluent is not required.)
· Keep ignition sources away from the areas where flammable or combustible dangerous
goods are kept. Naked flames from direct fired heaters and any flames associated with
maintenance work should be kept at least 5 metres from the goods.
· In addition to any fire protection measures provided for the premises as a retail outlet,
additional fire extinguishers suitable for use with the dangerous goods may be required.
You should seek advice from the emergency services authority.
32.4 Risk control in storages areas
If dangerous goods in consumer packages are kept in storage areas after being unloaded from
transport vehicles and before being moved to the display area, refer to the guidance in section
20.1 ‘Transit Storage’.
33. Placarding of the premises
Your premises must be placarded if the quantity of all dangerous goods at the premises
exceeds the “Placarding Quantity” in Schedule 2 to the Regulations. Refer to section 22 in
Part 3.
For packaged dangerous goods in display areas, it is sufficient to place placards at the entry
point into the building and area where the dangerous goods are being displayed.
34. Incidents and emergency management
You must establish a system for investigating every incident that occurs at the premises. Refer
to section 25 ‘Responding to an emergency’ for further guidance.
35. Consultation, information and training
You have duties regarding consultation, information and training. Refer to sections 14 and 28
in Part 3.
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36. Keeping larger quantities of dangerous goods
If the quantity of dangerous goods at the premises exceeds the “Manifest Quantity” in
Schedule 2 of the Regulations, you must:
· prepare a manifest (refer to section 21.1);
· prepare a written emergency plan (refer to section 24.1); and
· notify WorkCover.