Dangerous Goods:

The storage and handling of dangerous goods is regulated by the Work Cover Authority, the NSW Department of Industry and Investment and the NSW Department of Environment, Climate Change and Water.

It is mandatory to notify the Work Cover Authority whenever any work involving “notifiable quantities” of dangerous goods are to be used in the workplace. A site manifest must be stored on the premises of a business or storage area which documents the particulars of the dangerous goods that may be located there. The site manifest should also contain emergency information that is relevant to the type of dangerous goods that are stored on the premises and clear and appropriate signage should be placed in exits and entrances notifying people of the hazard. These placements ought to be done in consultation with the NSW Fire Brigade. The site manifest should ordinarily contain the following information:

• The identity of the premises’ occupier;
• The premises’ address;
• The Site Manifest’s date and when it was last updated;
• The details of two people who could be contacted immediately in the event of an emergency incident;
• Data relating to:
  • the class and packing groups;
  • bulk storage of any dangerous goods;
  • the use of any intermediate bulk containers; and
  • the processes involving the use of dangerous goods.

Failure to store goods properly can attract significant penalties, and in the event that an employee is injured or property is damaged as a result of an employer’s breach of his obligations, those penalties can be of a very serious criminal nature.

Matters that may be relevant to any dispute concerning dangerous goods may include considerations going to the approved industry code of practices and its provisions. The duties, responsibilities and rights of Employers may be assessed in accordance with the reasonable conduct and expectation requirements that relate to the particular industry in which the dangerous goods are being used. According to Work Cover:

An approved industry code of practice is a practical guide to employers and others who have duties under the Occupational Health and Safety Act 2000 (the OHS Act) and the Occupational Health and Safety Regulation (OHS Regulation) with respect to occupational health, safety and welfare […] An approved industry code of practice should be observed unless an alternative course of action that achieves the same or a better level of health, safety and welfare at work is being followed. [1]

In the event of any dispute, it is important that a party (whether it is the Employer or the Employee) seek appropriate legal advice on these and related issues. Navado Lawyers and Solicitors can provide dangerous goods legal advice, and if necessary, our dangerous goods lawyers can provide the right representation in the event the matter is litigated before a Court.

[1] “Storage and Handling of Dangerous Goods – Code of Practice 2005” Work Cover NSW <www.workcover.nsw.gov.au> (accessed: 7 November 2012)