WHS law changes

On 21 December 2016, the following changes to Tasmania’s work health and safety (WHS) laws came into effect:

  1. Uncommenced WHS regulations relating to safe diving work have been further deferred until 1 January 2019, including:
    1. regulations 168, 169 and 170 regarding medical fitness to undertake general diving work;
    2. regulations 178 and 179 requiring a dive plan to be prepared and to be complied with, when general diving work is carried out; and
    3. regulations 180 and 181 requiring a dive safety log to be kept and retained for at least one year after the last entry.
  2. The definition of the “ADG Code” in regulation 5 was changed so that it no longer refers to a specific edition; rather it refers to the latest edition as updated from time to time.
  3. Regulation 335 was amended to;
    1. clarify that that it is not necessary for hazardous chemical labels to include duplicate label elements required by other labelling laws;
    2. specify additional circumstances where regulation 335 does not apply, including: a hazardous chemical that is a veterinary chemical product within the meaning of the Agvet Code; a hazardous chemical that is listed in the Schedule 4 of the Poisons Standard, if the chemical product is packaged and supplied in a form intended for direct administration to an animal for therapeutic purposes; and a hazardous chemical that is listed in Schedule 8 of the Poisons Standard.
  4. Regulations 341 and 342 were amended to allow a person conducting business or undertaking (PCBU) to use, store or handle (including transfer or decant) hazardous chemicals labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] if the hazardous chemicals were supplied to the workplace prior to 1 January 2017, and are not being supplied to another workplace.
  5. A typographical error in Schedule 13, clause 3(3) has been corrected, such that the colour ‘signal red’ now refers to the correct associated colour reference of “2700S”, rather than “2007S”.