DUTIES OF MANUFACTURERS AND
SUPPLIERS
7. Introduction
This Part of the Code provides guidance for those who manufacture dangerous goods and
supply them for use. When purchasers are making decisions about how to protect the health of
employees using dangerous goods, they will rely on the information you provide, so it is vital
that you comply with the Regulations.
If you manufacture dangerous goods or are the “first supplier”2 of dangerous goods, the
Regulations require you to determine whether the goods are dangerous goods. If you
determine that the goods are dangerous goods, you must also prepare and provide purchasers
with a material safety data sheet (MSDS) and ensure that the dangerous goods are assigned a
class, subsidiary risk and packing group, and ensure compliance with Commonwealth
legislation covering package marking (see Figure 2).
If you supply dangerous goods to premises for exchange or sale, you must provide purchasers
with a copy of the MSDS and ensure that the condition of the dangerous goods and the
packages and package marking complies with Commonwealth legislation.
Figure 2: Duties of manufacturers and first suppliers
Determination Provide information
8. Are the goods “dangerous goods”?
If you suspect (or reasonably ought to suspect) that goods you manufacture or supply as a first
supplier are dangerous goods, you are required to determine if this is the case. This
determination must be made before the goods are supplied for use.
Whether you “reasonably ought” to suspect that goods are dangerous goods is an objective
test. That is, it does not depend on your personal knowledge but whether you, as a person in
2 “First supplier”, in relation to dangerous goods, means a person who –
(a) has not manufactured the dangerous goods; and
(b) is, or intends to be, the first person to supply the dangerous goods to another person.
Ordinarily, the “first supplier” will be the person who imports the dangerous goods into Victoria from
overseas or another Australian jurisdiction (that is, another Australian state or territory).
Prepare material Provide MSDS
safety data sheet
(MSDS)
Packaging and
marking
Determine if
goods are
dangerous
goods
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the business of manufacturing or importing those goods, ought to suspect that the goods are
dangerous goods.
The determination must be made having regard to one of the following:
· regulation 2.2 of the Commonwealth Road Transport Reform (Dangerous Goods)
Regulations 1997;
· for C1 combustible liquids, Australian Standard AS 1940 – The Storage and Handling of
Flammable and Combustible Liquids;
· for goods that are too dangerous to be transported, an order-in-council made under section
9B of the Dangerous Goods Act titled “Goods too dangerous to be transported – Declared
dangerous goods”.
9. Classifying, packaging and package marking
Before the dangerous goods are supplied for use, you are required to ensure that the
dangerous goods are:
· assigned the appropriate Class, Subsidiary Risk and Packing Group; and
· packed in accordance with the ADG Code, with particular emphasis on the need for
packagings to be in sound condition and compatible with the goods.
The ADG Code requires dangerous goods containers (most packagings and all bulk
containers) to be performance tested, approved and marked to indicate the types of dangerous
goods for which they are approved. Approvals may be issued in any State under its respective
laws adopting the ADG Code and are valid in all States.
10. Retailing dangerous goods
The requirement to package and mark dangerous goods does not apply to retailers of
dangerous goods who supply the goods in a container provided by the purchaser. But if you
are retailing dangerous goods, you are still required to ensure, as far as practicable3, the
container is suitable. To determine this, consider the following:
· Is this type of container usually used for goods of this kind? If not, is it strong enough and
unlikely to be affected by the dangerous goods?
· Does the container have a tight-fitting lid that will prevent the goods leaking or being
spilt?
If you are supplying Class 2 dangerous goods (gases), the container provided by the purchaser
must comply with the provisions of the Road Transport Reform (Dangerous Goods)
Regulations 1997 concerning packages.
3 “Practicable” means practicable having regard to –
(a) the severity of the hazard or risk in question; and
(b) the state of knowledge about that hazard or risk and any ways of removing or mitigating that hazard or
risk; and
(c) the availability and suitability of ways to remove or mitigate that hazard or risk; and
(d) the cost of removing or mitigating that hazard or risk.
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If the dangerous goods to be supplied is a liquid fuel, containers that comply with AS 2906
Fuel Containers – Portable – Plastics and Metal should be used. Containers that are made to
this standard will be indelibly marked (that is, embossed or moulded) with various safety
information, including the type and quantity of the fuel that may be placed in the container.
Other metal containers may be filled with fuel provided that they are of substantial
construction and have a closure, such as a screw top, that can’t easily be dislodged.
A fuel tank designed to be detached from an engine or vehicle (for example, a boat) may also
be used as a fuel container.
Refer to Part 4 for detailed guidance on retailer’s duties.
11. Filling gas cylinders
Gas cylinders manufactured in Australia are marked in accordance with the provisions of AS
2030 to indicate that they have been physically tested. The test mark indicates that the
cylinder has been tested to withstand its design pressure, and specifies the period for which
the test is valid (commonly 10 years).
A gas cylinder manufactured overseas should be manufactured to a standard that is
comparable to AS 2030. The cylinder should also be marked with a test mark and test date
that provides the same level of information as that in AS 2030.
A cylinder with a current test mark can be filled, subject to other criteria. These include:
· Is the cylinder in good condition? Cylinders that are damaged or very corroded should not
be filled.
· Is the cylinder compatible with the gas being filled? Cylinders are generally designed for
specific types of gases and have fittings that are only suitable for those gases. They should
only be filled with the gases for which they have been designed. Often the cylinder is
distinctively marked to ensure that it is easy to identify as suitable for a particular gas. For
example, oxygen cylinders and acetylene cylinders are painted different colours and are
fitted with different valve assemblies. Are the valves and fittings in good working order,
and any protective devices such as neck rings and shrouds in good condition?
· Are you using the right equipment?
· Cylinders should only be filled using equipment specifically designed for that purpose.
Generally, the use of adaptors is discouraged unless it has been authorised by the original
supplier of the gas or the manufacturer of the cylinder.
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12. Preparing a Material Safety Data Sheet
12.1 What information do I have to include on a MSDS?
You are required to prepare an MSDS for all dangerous goods covered by the Regulations,
other than C1 combustible liquids.
An MSDS is a document that describes the dangerous goods and provides vital information to
help people use them safely.
MSDS must be written in English and include the following information:
· the date of preparation or, if the MSDS has been reviewed, the date it was last reviewed;
· the manufacturer’s or first supplier’s name and their Australian address and telephone
number;
· telephone number for information in the event of an emergency;
· the product name of the dangerous goods, together with:
- the proper shipping name, UN number, class, subsidiary risk and packing group;
- its chemical and physical properties;
- the names of the individual ingredients in the dangerous goods;
- the proportion or proportion ranges of the ingredients identified with a chemical or
generic name;
- any relevant health hazard information, including first aid information;
- information on the precautions for the safe use of the dangerous goods; and
· a statement that the goods are dangerous goods.
For dangerous goods that may be unstable except under controlled conditions of storage
and/or chemical composition, the MSDS must provide details of those conditions and specify
the recommended proportion and safe limits for each chemical making up the dangerous
goods. For example, ethylene oxide gas depends on the addition of an inhibitor to ensure that
it remains chemically stable and does not start to polymerise.
The MSDS should be clear and easily understood. Avoid technical jargon as much as possible
and explain any technical terms that you have to used. Don’t use vague phrases such as “may
be dangerous” or “safe under most conditions of use”.
There is no particular format required for an MSDS as long as you include the minimum
information required under the Regulations. Formats based on the following are acceptable:
· the National Code of Practice for the Preparation of Material Safety Data Sheets
(published by National Occupational Health and Safety Commission)4;
· European Union and the International Labour Organisation formats, as described in the
MSDS national code of practice;
· an MSDS that has been prepared under corresponding legislation in another Australian
jurisdiction that has substantially the same data set requirements as these Regulations.
4 At the time of publication, the National Code of Practice for the Preparation of Material Safety Data
Sheets was being revised to apply to the production of MSDS as required under the National Standard
for the Storage and Handling of Dangerous Goods (2000).
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Note that the above formats may not cover all the items prescribed in the Regulations. If you
base your MSDS on any of those formats, you must ensure that it includes all the prescribed
items.
If you are using an MSDS prepared overseas, include the relevant Australian information, for
example, supplier contact details and any relevant exposure standard.
12.2 Reviewing and revising MSDS
The MSDS should reflect the current state of knowledge about the dangerous goods. You are
required to review an MSDS as often as necessary to ensure the information remains accurate
and current. For example, the MSDS would need to be reviewed whenever there is a change
in the formulation of a dangerous goods or when new information on the hazardous properties
or the health effects of the dangerous goods or one of its ingredients becomes available.
In any event, you must ensure the MSDS is reviewed no later than five years after the last date
of review. If a review reveals that the MSDS does not contain accurate or current information,
it must be revised. After any review or revision, the MSDS must be reissued with the review
date.
12.3 Providing a current MSDS
You must provide a copy of the current MSDS on or before the first occasion that dangerous
goods are supplied for use. The MSDS must be provided to any person to whom the
dangerous goods are supplied for use and, on request, to any occupier of any premises where
those dangerous goods are stored and handled.
If you are a retailer, you don’t have to provide an MSDS for:
· goods supplied in consumer packages;5
· fuel supplied to a vehicle; or
· Class 2 dangerous goods (gases) supplied in a container provided by the purchaser.
If you retail dangerous goods in consumer packages, you may choose to act by arrangement
with your suppliers to distribute MSDS. This would be particularly useful for trade sale
outlets.
5 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.
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There is no need to include an MSDS with every delivery. If the MSDS is reviewed, a copy
must be provided when the dangerous goods are next supplied, and to any occupier on
request. There is no requirement to send a copy of the revised MSDS to all previous
purchasers of the dangerous goods.
12.4 Provision of other information
As a supplier, you must provide any other information that you have been provided regarding
the safe use of the dangerous goods. Relevant information may include, but is not limited to,
the following:
· summary reports produced under the Commonwealth Industrial Chemicals (Notification
and Assessment) Act 1989; and
· where it is available, specific information relating to the conditions for safe use,compatibility and chemical stability under particular circumstances.
