Victorian Consolidated Regulations

For ease of reference only, definitions (but not other parts of speech and grammatical forms of a word or phrase defined) appear in bold in the text. Section 39 of the Interpretation of Legislation Act 1984 provides that where a word or phrase is given a particular meaning in an Act or subordinate instrument, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings. - SECT 438

Currency and accessibility

438. Currency and accessibility



(1) An occupier of premises where dangerous goods are stored and handled must-

   (a)  obtain the current MSDS for those dangerous goods on or before the
        first occasion that they are supplied to the premises; and

   (b)  ensure that the current MSDS is available for all dangerous goods
        stored and handled at the premises and is readily accessible to
        persons engaged by the occupier to work at the premises, to the
        emergency services authority and to any other person on the premises;
        and

   (c)  ensure that the information in the MSDS is only altered where
        permitted or required by these Regulations.

(2) Paragraphs (a) and (b) of subregulation (1) do not apply in relation to
dangerous goods that are-

   (a)  dangerous goods in transit; or

   (b)  stored and handled at a retail outlet in consumer packages that are
        intended for retail sale and that remain sealed and unopened until
        sold.

(3) If subregulation (2) applies, and the occupier does not possess a current
MSDS for dangerous goods on the premises, the occupier must ensure that
alternative information in relation to the safe storage and handling of the
dangerous goods is readily accessible to persons engaged by the occupier to
work at the premises.

(4) If an occupier makes available, in addition to the MSDS, information in
relation to the safe storage and handling of the dangerous goods to which the
MSDS relates, the occupier must ensure that the additional information is-

   (a)  consistent with the information contained in the MSDS; and

   (b)  clearly identified as being provided by the occupier.



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