Work Health and Safety (Labelling of Workplace Hazardous Chemicals) Code of Practice 2015

The Work Health and Safety (Labelling of Workplace Hazardous Chemicals) Code of Practice 2015 is an approved code of practice made under section 274 of the Work Health and Safety Act 2011. It is designed to give practical guidance on how hazardous chemicals used in workplaces should be labelled so that users can identify hazards and take appropriate steps to eliminate or minimise risk.

This is not just background guidance. The Code states that, in most cases, following an approved code of practice would achieve compliance with health and safety duties under the WHS Act in relation to the subject matter of the code. It is also admissible in court proceedings, and a court may rely on it when deciding what was reasonably practicable in the circumstances. Inspectors may refer to it when issuing an improvement or prohibition notice.

That said, the Code does not replace the WHS Act or the WHS Regulations. It sits alongside them. The Code itself explains that references to legal provisions are not exhaustive, and that duty holders must consider all risks associated with work, not only those specifically covered by regulations and codes. For a business owner, the practical approach is to read the Code together with the WHS Regulations, especially the provisions dealing with hazardous chemical classification, labelling and ingredient disclosure.

The Code applies to substances, mixtures and articles used, handled or stored at the workplace that are defined as hazardous chemicals under the WHS Regulations. It provides practical guidance to persons conducting a business or undertaking involved in the manufacture, import, supply or use of hazardous chemicals on how to correctly label those chemicals for workplace use.

The Code also recommends providing a label for any chemical suspected of producing adverse health, safety or environmental effects where there is not enough information to classify it correctly. In that case, the label should reflect the current state of knowledge.

Scope is broader than many businesses expect. It is not limited to chemical manufacturers. A business may fall within the Code if it imports products, repackages them, relabels them under its own brand, decants chemicals into smaller containers, stores hazardous chemicals on site, or operates plant with hazardous chemicals in pipe work. The Code specifically notes that a person who packages or relabels a hazardous chemical with their own product name is considered to be a manufacturer and has the same obligations as a manufacturer or importer to correctly label.

The Code also summarises duties for different duty holders. Manufacturers and importers must ensure the chemical is correctly labelled. Suppliers must not supply a hazardous chemical to a workplace if they know, or ought reasonably to know, that it is not correctly labelled. A PCBU must ensure hazardous chemicals used, handled or stored at the workplace are correctly labelled in accordance with Schedule 9 of the WHS Regulations, subject to limited exceptions. A PCBU must also ensure chemicals manufactured at the workplace, or transferred or decanted there, are correctly labelled.

The Code says that, in general, a label is required for any substance, mixture or article classified as a hazardous chemical under the WHS Regulations. It then identifies several categories that are excluded from the labelling provisions under regulation 335 or exempted from all provisions in Part 7.1 of the WHS Regulations. Businesses should be careful here, because these categories are often misunderstood.

Dual use products are one example. These are hazardous chemicals intended for supply to both consumer household markets and workplaces in identical containers and packaging. For these products, the label need only comply with the Standard for the Uniform Scheduling of Medicines and Poisons, or SUSMP, labelling requirements. However, if the manufacturer or importer determines that the use, handling and storage of the product are predominantly related to a work activity, the label must meet WHS requirements.

Food and beverage products packaged in a form intended for consumption do not require labelling under the WHS Regulations. But large or bulk quantities must be labelled to meet workplace requirements. The Code gives a clear example: a 1000 litre container of flammable alcoholic spirits must meet workplace labelling requirements, while a 750 millilitre bottle of the same spirits does not.

Therapeutic goods are treated as correctly labelled under the WHS Regulations when labelled in accordance with Therapeutic Goods Administration requirements and in a form intended for intake or administration to or by a patient or consumer, or intended for therapeutic purposes. If the product is not in that form, workplace labelling must be used. The Code gives the example of a pharmacist repacking a 1 kilogram container of formulated tablets into smaller containers for dispensing to patients, compared with a 1 kilogram container of the same material in powdered form used in manufacturing or formulating products. The first follows TGA labelling requirements, while the second must be labelled according to workplace labelling requirements.

The Code also identifies special labelling situations in Chapter 3, including small containers, research chemicals or samples for analysis, decanted or transferred hazardous chemicals, hazardous chemicals with known hazards that are not supplied to another workplace, hazardous waste products, explosives, dangerous goods packaged for transport, consumer products, agricultural or veterinary chemical products and products containing nanomaterials.

Because these categories can overlap with other regulatory schemes, businesses should not assume that a product is outside workplace labelling rules just because it is sold to consumers, regulated elsewhere, or already carries transport or therapeutic information.

The Code summarises the information required for a hazardous chemical to be correctly labelled under regulation 335 and Part 3 of Schedule 9 of the WHS Regulations. The label must be written in English and the container must include the product identifier, the name, Australian address and business telephone number of either the manufacturer or importer, the identity and proportion of each chemical ingredient disclosed in accordance with Schedule 8, any hazard pictogram consistent with the correct classification, any hazard statement, signal word and precautionary statement consistent with the correct classification, any relevant hazard, first aid and emergency information not otherwise included in the hazard or precautionary statements, and the expiry date if applicable.

The Code also allows additional information to be included as long as it does not contradict or cast doubt on required information. Examples given include an emergency phone number, overseas manufacturer or supplier details, a website address, and a reference to the safety data sheet.

The product identifier is a unique name or number by which the chemical is known and must be the same as the identifier used in the safety data sheet. Ingredient disclosure is more technical. The label must identify those ingredients, including their proportions, which contribute to the overall hazard class and hazard category of the hazardous chemical in accordance with Schedule 8. Ingredient names are not required for ingredients that meet only physicochemical or environmental hazard classifications.

The Code explains that the product identifier and ingredient details should be grouped together and placed in the most prominent position on the label, such as the top, centre or front panel. The signal word, hazard pictograms and hazard statements should also be grouped together in a prominent position, immediately following or adjacent to the product identifier and chemical ingredients.

For ingredient identity, the Code allows disclosure by chemical identity using the IUPAC name, CAS name or a technical name generally used in commerce, regulations and codes and recognised by the scientific community. Trade names are not acceptable as technical names. In limited circumstances, a generic name may be used where the ingredient identity is commercially confidential, no exposure standard has been established for the ingredient, and the ingredient falls within specified hazard classes and no other GHS health hazard classes and categories.

For ingredient proportions, exact percentages should be used unless the exact concentration is commercially confidential. If confidentiality applies, the Code permits specified ranges, and narrower ranges may also be used. For complex mixtures, the Code says ingredient identity must be determined so far as is reasonably practicable, technical names may be used in some cases, and the formulation details should include as much information as possible.

The Code links the required label elements directly to the chemical's hazard classification. Appendix D lists the elements that apply to each hazard class and category or division. This means a business cannot prepare a compliant label without first having the correct classification. The Code expressly notes that manufacturers and importers have an obligation under the WHS Regulations to correctly classify a substance, mixture or article, and that correct classification is needed to prepare a correct and accurate label.

Signal words indicate the relative level of severity of a hazard. The GHS uses only two signal words: Danger and Warning. Only one signal word should appear on a label. If Danger applies, Warning should not also appear.

Hazard statements describe the nature of the hazard and must appear where relevant. Duplicate or redundant information should not be repeated. The Code also notes that hazard statement codes are for reference only and should not be used to replace the actual statement or be included on the label.

Precautionary statements describe recommended measures to minimise or prevent adverse effects from exposure, storage or handling. They are grouped into prevention, response, storage, disposal and general statements. Not all precautionary statements for a classification need to be used. The Code suggests, as a guide, a maximum of between six and ten precautionary statements depending on the nature and severity of the hazards. Related precautionary statements should be grouped together for readability.

Hazard pictograms must usually be included. They should be diamond-shaped, with a black symbol on a white background and a red border or frame of sufficient width to be clearly visible. Pictograms with a black border may also be used. The Code states that dangerous goods class labels under the ADG Code may be used instead of the relevant GHS hazard pictograms, but both should never be used on the same label.

The Code also addresses situations where a hazardous chemical does not have corresponding GHS label elements. In those cases, hazard pictograms, hazard statements, signal words and precautionary statements cannot be included, but the label should still include information on hazards and safety precautions. The Code gives dry ice as an example, noting that the label should include information about asphyxiation risk and precautions to avoid cryogenic burns.

Design and layout matter. The Code includes guidance on grouping information, orientation and size of label elements, and provides appendices with a checklist, precedence rules, pictograms and example labels. For businesses, this means compliance is not only about having the right words somewhere on the container. The information must also be organised and presented so users can readily identify the product and its hazards.

Chapter 3 of the Code is important because many day to day compliance problems arise outside standard supplier packaging. The Code specifically covers small containers, research chemicals or samples for analysis, decanted or transferred hazardous chemicals, hazardous chemicals with known hazards that are not supplied to another workplace, hazardous waste products, explosives, dangerous goods packaged for transport, consumer products, agricultural or veterinary chemical products and products containing nanomaterials.

One of the most common trigger points is decanting or transferring chemicals at the workplace. The Code summary of duties makes clear that a PCBU must ensure a hazardous chemical is correctly labelled if it is transferred or decanted from the original container at the workplace. The limited exception is where the chemical is used immediately after being put into the container and the container is thoroughly cleaned after use so it is effectively restored to a condition as if it had never contained the chemical.

Another common issue is containers found without correct labelling. The Code has a dedicated section on this topic in Chapter 5. Businesses should have a practical process for isolating unidentified or incorrectly labelled containers, checking the chemical identity where possible, and relabelling promptly once the correct information is confirmed.

Pipe work is another area that is often overlooked because the chemical is not in a portable container. The Code states that a PCBU must ensure, so far as is reasonably practicable, that a hazardous chemical in pipe work is identified by a label, sign or another way on or near the pipe work.

Businesses should also be cautious with products that sit between consumer, transport and workplace systems. A transport package may carry dangerous goods class labels, but that does not remove the need to consider workplace labelling rules. A consumer product may retain its original label and fall within a limited exception in household quantities and incidental use, but that exception is narrow. Agricultural and veterinary products and research samples also have specific treatment under the Code and should be checked carefully rather than assumed to be exempt.

Labelling compliance is not a one-off exercise done when a product is first purchased. Chapter 5 of the Code deals with containers found without correct labelling and with reviewing and updating information on labels. The Code also says that labels for suspected hazardous chemicals with insufficient classification data should reflect the current state of knowledge. That points to an ongoing review obligation in practice.

For manufacturers and importers, this means checking whether the classification remains current and whether the label still matches the safety data sheet and the WHS requirements. For suppliers, it means not supplying a hazardous chemical to a workplace if the supplier knows, or ought reasonably to know, that it is not correctly labelled. For PCBUs using chemicals on site, it means checking incoming containers, site-made mixtures, decanted containers, storage systems and pipe work identification.

The Code also says a PCBU must ensure, so far as reasonably practicable, that containers are correctly labelled while holding a hazardous chemical, and that containers labelled for holding a hazardous chemical are used only for the use, handling or storage of that hazardous chemical. This is a practical site management issue as much as a paperwork issue.

Before relying on any label or exemption, a business should check the current version of the Code on the Federal Register of Legislation, the current WHS Regulations, the product classification, the safety data sheet, and whether the actual workplace use matches the assumptions behind the label. A product sold in a consumer pack may be treated differently if used in bulk, repackaged, or used as part of the core work activity rather than incidentally.

This page is based on the Work Health and Safety (Labelling of Workplace Hazardous Chemicals) Code of Practice 2015 on the Federal Register of Legislation. The instrument is listed as in force and was made under the Work Health and Safety Act 2011. The Code commenced on the day after registration.

The Code includes detailed appendices on label preparation, generic names, application of label elements, precedence rules, hazard pictograms, comparison with ADG Code class labels, example labels and other relevant information. Businesses dealing with complex products or edge cases should review those appendices directly before finalising labels or relying on reduced labelling approaches.