Both Federal and State and Territory governments regulate the use of chemicals in Australia. Legal requirements relating to chemicals aim to protect people, property and the environment both on and off the premises and can be summarised as follows:

• Duty of care under common law which means that activities must be carried out in a safe manner so as not to cause harm or injury to the user, other people, animals or the environment. A breach of a duty of care may amount to negligence.
  
  
• Control of use legislation exists at the State/Territory level, for example the Pesticide Act 1999 (NSW), the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 (Victoria) and the Agricultural and Veterinary Chemicals (Control of Use) Act 2002 (South Australia). This legislation mandates the use of registered pesticides only in accordance with the label. Depending on the state/territory, penalties may apply for:
  • Use of a product contrary to its approved label
  • Failure to observe withholding periods
  • Causing injury/damage to persons and their property, or non-target plants and animals
  • Failure to keep a record of all spray applications
  • Failure to notify neighbours of treatment operations
  
  
• Occupational, Health and Safety (OH&S) legislation: Each State and Territory has OH&S legislation and regulations with the same basic requirements, although they can vary in detail. The requirements include:
  • Obtaining and maintaining MSDS for hazardous substances
  • Maintaining a product register of stored chemicals
  • Periodically identifying and reviewing chemical hazards and risks
  • Having controls in place to eliminate, or if not possible, to minimise or manage risks
  
  
• Environmental legislation aims to prevent pollution of the soil, water and air. There are laws that cover environmental harm or pollution in all states and territories, whereby materially or significantly harmful pollution may result in prosecution. There are variations between states regarding the extent to which waste is regulated. In Victoria there is a clear prohibition of the disposal of waste on farms. The classification of agricultural and veterinary chemicals as waste in New South Wales (hazardous waste), Queensland (regulated waste) and South Australia (listed waste) mandates the removal of obsolete chemicals in an approved manner.
  
  
• Health legislation regulates the supply and storage of scheduled poisons, including certain farm chemicals. Signal headings on the labels for poisonous products are determined by the Poisons Schedule and signify specific requirements in relation to the storage and use of such products. For example products that are Schedule 7 poisons (signal heading DANGEROUS POISON) must be kept away from public access and the distributors of the products must maintain records of the person to whom the product was sold. Products that are Schedule 6 poisons (signal heading POISON, on the label) have prescribed storage requirements to be kept out of reach of children, typically 1.2m above floor level.
  
  
• Transport of dangerous goods legislation applies to the transport of dangerous goods and includes the requirements of the Australian Dangerous Goods Code. There are exemptions which may apply to the transport of dangerous goods from the reseller to the farm.
  
  

These notes are a brief summary and are not intended to be used or relied upon as legal advice.

Material Safety Data Sheets (MSDS) are standard reference documents for chemical product information. MSDS provide working people and emergency service personnel essential information about:

• The physical and chemical properties of the chemical
• Correct safe handling, storage, transport and disposal procedures
• First aid information
• Health hazards and impacts on the environment
• What to do in accidents and emergencies

By law, employers and self-employed persons must obtain a MSDS for each hazardous substance when the substance is first supplied to the workplace. Employers must ensure that the MSDS is accessible to farm employees who may potentially be exposed to the hazardous substances. As MSDS expire every five years and they are frequently revised, it is common for employers and chemical users to outsource the maintenance of up-to-date MSDS. Pest Genie provides up-to-date MSDS that can be printed and downloaded at the click of a button.

Product labels are prepared by manufacturers to inform users how to handle and use the product properly, effectively and safely. They contain essential information that users must adhere to when using the product, including:

• General instructions and safety information for preparing and applying the product
• Usage information, including pests, situations, usage rates, use limitations, restraints and withholding periods

Product Labels and MSDS both contain essential safety and usage information. Product labels provide specific usage information that is required by law to be followed when preparing and applying the product. The MSDS provides risk management, safety and emergency information for the product

Other information included in MSDS that is not covered in product labels includes detailed toxicological and long-term health information, as well as information relating to the storage and transport of the product. MSDS are not a substitute for product labels. Users of agricultural and animal health products must have access to both labels and MSDS for the products.

Compliance with legal obligations for the safe and effective use and storage of agricultural and veterinary chemicals, requires:

• Maintaining and providing employees with access to up-to-date, Australian MSDS for each product used or stored
• Maintaining a chemical register of hazardous substances
• Conducting risk assessments on operational tasks that involve the use of hazardous substances and managing these risks
• Maintaining appropriate signage, including placards and decanted product labels

With Pest Genie, you can search and download MSDS and label documents and maintain an accurate product register of the chemicals that you use, which is automatically updated with information from our database of chemical information with the click of a button

Storage records are required for compliance with OH&S legislation and industry accreditation programs. They also provide emergency services with vital information in cases of emergency. The Dangerous Goods Safety Management Regulation 2001 (QLD), for example, requires that a workplace occupier must ensure that “a register is kept and maintained for stated dangerous goods or combustible liquids stored or handled at the occupier’s workplace.” These records are necessary for determining whether the storage quantities of stated dangerous goods and combustible liquids exceed placarding quantities or manifest quantities. If a placarding quantity is exceeded, placards must be displayed on storage facilities.
It is highly recommended that accurate and up-to-date storage records are maintained for all stored products, whether they are hazardous/dangerous goods or not. Such records serve as the basis for chemical risk management as well as managing compliance.
These notes are a brief summary and are not intended to be used or relied upon as legal advice.

• Determine the most appropriate and least hazardous products for your use situations/pests: Quickly locate the most appropriate agricultural or animal health product for any given situation/problem. The advanced crop protection and animal health problem solver functionality allows you to search for multiple problems in a single use situation and quickly and easily compare information such as critical comments and restraints between products.
• Support your farm chemical information and training obligations: The provision of information, induction training and ongoing training is mandatory under OH&S legislation if you are an employer. MSDS and Label documents should be used as an integral component of any workplace training system.
• Work out your hazardous substances obligations: Many chemicals are classified as hazardous substances, in which people who are exposed to them through use, storage or handling have specific obligations, both as employers and employees.
• Identify and quantify Dangerous Goods – storage and handling: Regulations for storing and handling dangerous goods are comprehensive, and depend both on the quantities involved and whether or not a single class or mixed classes of dangerous goods are stored.
• Determine if your Dangerous Goods exceed “Minor Storage” quantities: If the quantities stored exceed the “Minor Storage” quantities, certain construction requirements will apply for your chemical storage area.
• Identify and quantify Dangerous Goods – transport: There are exemptions for transporting small quantities of dangerous goods. If quantities exceed these limits placarding and other obligations apply.
• Use your farm chemical record as an inventory of obsolete chemicals: Obsolete chemicals pose a hazard to people and the environment. Identifying obsolete chemicals from your chemical register (inventory) facilitates their registration for ChemClear so they can be disposed of responsibly.