If you’re in a New South Wales business that carries Class 3 Flammable Liquids, then this blog is made for you. Here, we’ll be breaking down the key legislation and regulatory documents that you must comply with in NSW. We’ll also be listing many of the essential resources that can help you keep your flammable liquids safe and compliant.
But first, let’s take a look at the legislative framework that governs safety at all NSW workplaces.
Have you heard the buzzword ‘harmonised’ and wondered what it meant? Well, you’re not alone. In early 2012, WHS legislation right across Australia was harmonised. This means that each of the 7 states and 2 territories began adapting their WHS laws to adhere to a consistent model WHS Act and Regulation which was developed by Safe Work Australia.
While each state of Australia does issue and administer their own work health and safety laws, WHS compliance and enforcement are effectively the same due to the adoption of harmonised legislation. In a nutshell, harmonised legislation has streamlined WHS compliance and enforcement across the country and provided a framework for every business – regardless of where they operate within Australia.
Example: Section 39 Provision of information, training and instruction, is exactly the same in the Model WHS Regulations as well as the Work Health and Safety Regulation 2017 which operates in NSW. The clauses are identical, and the penalties are the same.
By adopting harmonised legislation, businesses across the country are effectively subject to the same WHS compliance requirements.
Nationally harmonised WHS legislation means that safety standards are uniform, and enforcement is consistent in every state that adopted the Model WHS Legislation. This makes compliance and administration more efficient for workplaces, as well as government.
Work health and safety in the state of NSW is administered and enforced by SafeWork NSW. The nationally harmonised legislation we mentioned earlier was officially adopted state-wide in January 2012.
This harmonised WHS legislation is administered through the following state laws:
But what does this mean for employers, businesses and workers who must comply with these laws? Let’s have a look at the general legal obligations that all NSW and Australian businesses must comply with.
Under work health and safety laws, every NSW employer or business has a specific obligation to ensure that obligations under NSW health and safety laws are met.
Employers and businesses must ensure that workers, volunteers and visitors are safe at work through continual and comprehensive ‘due diligence’. This means that reasonable steps must be taken by employers and businesses to make sure that compliance is achieved — and maintained — in the workplace.
Employers, businesses and staff all have a legal obligation to ensure that a safe working environment is maintained.
Under work health and safety laws, workers also have legal obligations whether they’re classed as an employee, apprentice, volunteer, contractor or even sub-contractor. The safety responsibilities of workers encompass taking care of themselves and others at work to ensure health and safety obligations are met.
This includes:
While these obligations are fundamental to our work health and safety laws, there are many considerations to make when determining how to safely handle and store flammable liquids in the workplace. To help businesses understand exactly how to achieve compliance, there are a range of resources that are available to assist with workplace risk reduction.
We’ll go into further detail about some of these documents in the next section of the blog.
WHS Codes of Practice are official guides to minimising specific risks or workplace hazards. The following Codes of Practices are approved under WHS legislation in NSW and may apply to your workplace if you use, handle or store Class 3 Flammable liquids:
REMEMBER: Codes of Practice are also harmonised to national standards.
It is important to remember that you must abide by an approved Code of Practice that applies to your industry or employment sector — unless you have another proven way of managing the flammable liquids their hazards.
There are other compliance documents that will dictate how your workplace uses, handles, and stores flammable liquids. Familiarising yourself with these additional documents will help you increase your knowledge of flammable liquids safety and assist you in determining your handling and storage practices.
Referring to documents, such as the Australian Standard AS 1940:2017, can help you create compliant handling and storage procedures.
These documents include:
IMPORTANT: Some of these documents are specified in the WHS legislation and compliance is mandatory. Eg, Workplace Exposure Standards, ADG Code, Safety Data Sheets (SDSs). Check the SafeWork NSW website for legislation, Codes of Practice and other guidance materials.
Thanks for reading our blog on how to keep flammable liquids safe and compliant in NSW. As we’ve explained, there’s a wide range of available resources that can help businesses achieve compliance and meet their obligations under the WHS Act and Regulation in NSW.
Like to learn more about flammable liquids safety and compliance? We also have created an invaluable eBook which will help you reduce your compliance risk. Essential Considerations When Storing Flammable Liquids Indoors will introduce you to our 4-step risk control methodology which can be easily applied to any workplace that handles and stores flammable liquids. Why not grab your free copy today by simply clicking on the image below?
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Read our related posts on compliance in Australia:
Flammable Liquids and Dangerous Goods Compliance in Victoria
Flammable Liquids Compliance and the 5-Year Strategic Plan for WHS in QLD
OHS Compliance for Class 3 Flammable Liquids in Western Australia
Flammable Liquids: Legislation and Compliance in Northern Territory
Quick Guide to Flammable Liquids Compliance in Tasmania