Regulatory Notices in Victorian
Government Schools 2008-2015
Glenn Eckardt (DET Senior OHS Policy Advisor)
December 3rd, 2015
Overview
1.
2.
3.
4.
Why would the Regulator come to your workplace?
Types of Regulatory Notices issued
Issues identified in Science Laboratories
What to do if you are issued with a notice
Why would the Regulator come to your
workplace?
• Planned programs based on data across an industry sector
• Following a notifiable incident
• Following reports of unsafe work conditions
• To resolve the following:
 disputed provisional improvement notices (PINs) issued by health
and safety representatives (HSRs)
 unresolved matters from designated work group negotiations
 disputed work stoppages due to alleged immediate threats to health
and safety
 issues unable to be resolved through agreed issue resolution
procedures.
Types of Regulatory Notices
• Entry Reports
(OHS Act, s.103, DG Act, s.14(a))
• Non-Disturbance Notice
(OHS Act, s.110, DG Act, s.17(b))
• Improvement Notice
(OHS Act, s.111, DG Act, s.17(c))
• Prohibition Notice
(OHS Act, s.112, DG Act, s.17(c))
Entry Report
WorkSafe inspectors will give a written entry report to the employer
or occupier, and relevant Health and Safety Representatives with
the following information:
• purpose of the visit
• times of entry and departure
• summary of what the inspector has observed
• description of things done by the inspector
• powers used by the inspector
• if photographs, sketches or recordings were taken and, if so, where
these are available
• procedure for internal review.
Notices
Non-Disturbance Notice
A non-disturbance notice can be issued to a workplace to prevent
disturbance to an incident scene.
Improvement Notice
Written directions requiring a person to remedy a contravention of
the law within a specified time.
Prohibition Notice
Written directions prohibiting any activity that will, or is likely to,
involve an immediate risk to the health and safety of any person.
An inspector may recommend a comprehensive investigation if there
is clear evidence of a contravention of OHS laws, which may lead to a
prosecution or other sentence.
Notices – Summary 2008-15
NonImprovement Disturbance
Notices
Notices
Dangerous Goods (Storage and
Handling) Regulations 2012
OHS Regulations 2007 –
4.1 Hazardous Substances
Total No. of Notices
Prohibition
Notices
87
0
0
44
0
0
131
0
0
What does an Improvement Notice look like?
What does an Improvement Notice look like?
Chemical Notices by School Area 2008-15
General
26%
Science Laboratories
55%
Maintenance Area
4%
Technology Workshops
15%
Science Laboratory
Improvement Notices 2008-15
Labelling of Chemical
Containers
8%
Other
8%
Chemical Register/MSDS
19%
Storage of Waste
Chemicals
12%
Personal Protective
Equipment
9%
Condition of
Chemical
Containers
11%
Flammable Liquid Cabinet
10%
Eye Wash
Station
3%
Incompatible Chemical
Segregation
10%
Spill Kits
7%
Ventilation
in Lab Prep
Area/Che
m Storage
Chemical Register/MSDS – Issues (19%)
• Chemical Register does not contain a list of product names,
only MSDS
• MSDS are not current
• Chemical Register is not regularly reviewed and provides
inaccurate information on storage location and quantities
Chemical Register/MSDS - Solutions
•
•
•
•
Use DET template or equivalent to record names of all products
Schedule a review of Chemical Register/MSDS at least annually
Update Chemical Register/MSDS at least annually or as required
Where MSDS are unavailable for chemicals, options are:
– Dispose of old chemicals
– Make a notation in your chemical register that you have made
enquiries with the manufacturer/supplier and a current MSDS is
unavailable
– Obtain a 3rd party MSDS which accurately reflects the chemical
composition of the substance in question
Storage of Waste Chemicals – Issues (12%)
• Containers of substances
identified as “waste material” by
Science Department employees
that were awaiting a decision on
how and when they were to be
removed from the premises.
• These substances were located
throughout the Preparatory
Room and were identified as no
longer required.
• Chemicals no longer permitted
for use in DET schools e.g.
styrene, toluene, formaldehyde
Storage of Waste Chemicals - Solutions
•
•
•
•
Audit chemical stock annually
Aim to reduce quantities of required stock and identify all unused stock
Collect all hazardous waste chemicals from experiments
Label waste chemicals with a product identifier and relevant pictogram
– e.g. Organic waste, Heavy metal waste, etc.
• When stored, segregate waste chemicals from incompatible chemicals
• Schedule removal of waste material annually – coordinate across the
school or across networks of schools to manage costs
• Hazardous chemical waste should be removed by an EPA-approved
waste contractor
• Keep records of completed disposal forms
• Update chemical register after each chemical collection
Condition of Chemical Containers – Issues (11%)
• Chemical containers were not sealed correctly, showed
evidence of residue/spillage on the outside of the
container
• Poor condition of container e.g. Sodium Metal resulting
in leak of paraffin oil
Condition of Chemical Containers - Solution
1. Store chemicals only in containers that are chemically
compatible so that leakage/damage will not occur.
2. Frequently inspect containers for signs of damage and
aging and dispose where required.
3. Inspect containers for spills or leakage after use and
clean immediately if found.
Segregation of Incompatible Chemicals- Issues (10%)
Lack of separation of incompatible chemicals
- DG Class 3 and 4.2 (i.e. Sodium metal)
- DG Class 5 and 8
- Acids/Alkalis in DG Class 8 Cabinet
Dangerous Goods Compatibility
Segregation of Incompatible Chemicals- Solutions
Physical Barrier
Quantities below table 1
can be stored in a labelled
standard laboratory
cupboard.
Quantities above table 1
must be stored in a
chemical storage
cabinet suitable to the
particular class of
chemical and its hazards.
Segregation of Incompatible Chemicals- Solutions
Separation Distances
• Incompatible liquids should be stored a minimum of 3
metres from each other.
• Where both incompatible chemicals are solids they
should be stored a minimum of 1 metre from each
other.
Source AS/NZS 3833: 2007
 Difficult to achieve
Flammable Liquid Cabinets – Issues (10%)
• Flammable liquids cabinet does not have a selfclosing mechanism that ensures the door closes
tightly and secures the cabinet.
– Fire rating compromised
– Release of potentially hazardous/flammable vapours
• Vent on the side of the Flammable Liquids Cabinet
has been modified and PVC piping system
extended to the ceiling of the room
– Fire rating compromised
Flammable Liquid Cabinets - Solutions
Cabinet ventilation is not an alternative or solution to poor housekeeping practices.
Consider the following precautions:
1. Store chemicals only in containers that are
chemically compatible so that leakage/damage
will not occur.
2. Frequently inspect containers for signs of damage
and aging and dispose where required.
3. Inspect containers for spills or leakage after use and
clean immediately if found.
4. Regularly inspect inside of cabinet for spills or leakage and clean immediately if found
5. Always maintain continuous and adequate room ventilation.
6. Opening of packages, transferring of contents and dispensing of chemicals shall not
be conducted within or on top of the cabinet.
7. If the self-closing mechanism on the door not work, replace the cabinet.
Personal Protective Equipment – Issues (9%)
• Lack of supervision of students following safety instructions
i.e. wearing gloves.
• Failure to implement documented controls on risk
assessment e.g. students wearing goggles, apron, gloves.
• Lack of suitable Personal Protective Equipment available e.g.
specific gloves (chemically impervious) and face masks as
per MSDS.
Labelling of Chemical Containers – Issue (8%)
•
Substances were in containers that were inappropriately labelled - chemical
symbols only, not full chemical name.
Labelling of Chemical Containers
Decanted Chemicals - Minimum Information:
- Product Identifier
- Hazard Pictogram or Hazard Statement
2M Sodium Hydroxide
e.g. 2M NaOH
Causes severe skin burns & eye damage
Note: Chemical labels are available for download from Chemwatch
https://edugate.eduweb.vic.gov.au/Services/HR/Pages/ChemwatchMSDSdb.aspx
Other issues (8%)
• Flammable liquids cabinet located in a different building to
where the chemicals are used - requires transportation
(DG2012 r.27)
• Failure to undertake an investigation following an incident
involving a Dangerous Good (DG2012 r.63)
• Emergency Management Plan does not contain provision for
dealing with an emergency linked to storage and handling of
Dangerous Goods (DG2012 r.55(4))
• Chemical storage cupboard was unable to be locked to
prevent access to unauthorised personnel (DG2012 r.32)
Chemical spills – Issue (7%)
Lack of availability of suitable spill kits (DG2012, r.52)
Spill kits – Solution
A spill kit may contain:
1. Absorbents
• Universal Spill Absorbent: 1:1:1 mixture of Flor-Dri (or unscented
kitty litter), sodium bicarbonate and sand. This all-purpose
absorbent is good for most chemical spills including solvents, bases
and acids (with the exception of hydrofluoric acid)
• Absorbent pads and rolls: ‘HazMat’ absorbent pads
• Acid Spill Neutraliser: sodium bicarbonate, sodium carbonate or
calcium carbonate
• Alkali (Base) Neutraliser: sodium bisulphate, boric acid or oxalic acid
• Solvents/Organic Liquid Absorbent: Inert absorbents such as
vermiculite, clay, sand
Spill kits – Solution
2. Personal Protective Equipment (PPE)
• Hand protection: Chemical resistant safety gloves (i.e. disposable
neoprene or nitrile gloves)
• Eye protection: Safety goggles
• Body protection: Laboratory coat /Corrosion-resistant apron
• Foot protection: Enclosed footwear, shoe covers
• Respiratory protection: Dust mask/Respirator
(If a respirator is required, leave the clean-up to emergency
services)
Spill kits – Solution
3. Clean-up Materials
• Brooms, plastic dustpan and square mouth shovel to sweep
up the absorbent material
• Paper towels for minor spills
• Plastic tongs/ scoops to pick up contaminated absorbent
material
• A chemical resistant bin (i.e. wheelie bin) with a close fitting
lid to hold the volume of spill and absorbent residues prior
to disposal
• Heavy duty plastic bags for wrapping contaminated PPE
Eyewash Station – Issue (3%)
OHS Regulations 2007 – 4.1.24: Control of Risk
I observed that an eye wash station was not provided in the
science laboratory preparation room. I observed Methanol
located in the preparation room and was advised that it was
being prepared for a Year 12 class. I observed that the
MSDS listed this chemical as a hazardous substance. For
first aid purposes, it states to flush the eye with running
water and continue to flush it for at least 15 minutes.
There were a few bottles of eye wash solution located in
the first aid kit. This does not allow continuous water
flow. There is a risk that an employee may splash or wipe
Methanol, which is a hazardous substance, into the eye and
not have the means to flush out the eye. Failure to provide
adequate emergency eye wash facilities at the work place
may lead to a delay in the treatment of injuries, which may
increase the severity of the injury.
Eyewash Station – Solutions
One means of compliance may include, but is not limited to: Provide adequate emergency eye wash facilities for employees
within the Science laboratory preparation room, that complies with
AS4775 -2007 Emergency eyewash and shower equipment.
Ventilation – Issue (3%)
The preparation room/chemical store was observed to
be located directly off the main science classroom with
only one door to access and egress from this room back
into the classroom. A fume cabinet was located on one
wall and window could be opened if required.
No other ventilation or extraction system was observed
to have been provided in the room to allow for removal
of any fumes that may occur during decanting of
dangerous goods or in the event of any spills or incident
that may occur whilst handling or using dangerous
goods.
Ventilation - Solution
The occupier of a premises where dangerous goods are stored
and handled must ensure that any risk associated with any
atmospheric conditions that are flammable, explosive or
asphyxiant is eliminated; or if it is not practicable to eliminate the
risk, is reduced so far as is practicable. One means of
compliance, but not limited to, maybe to install a mechanical
ventilation/extraction system within the preparation/ chemical
store room. Guidance maybe available in Australian Standard
AS1940- 2004
A mechanical ventilation system shall be capable of exhausting
0.3 cubic metres per square metre of floor area or 5 cubic
metres per minute, whichever is greater. Air velocity at the air
supply outlet shall be greater than 300 metres per minute.
What to do if you are issued with a notice?
• Under section 115(2) of the OHS Act 2004, a person
to whom a non-disturbance notice, improvement
notice or prohibition notice is issued must as soon
as possible, if the person is an employee, give a
copy of the notice to his or her employer.
• Comply with the notice or request a review of the
decision within 14 days.
• Non-compliance can result in an investigation and
possible prosecution.
Key Messages
• 55% of improvement notices issued for chemical noncompliance were in science laboratories.
• Five top issues identified were:
– Chemical Register/MSDS
– Accumulation of chemicals in storage
– Condition of chemical containers
– Segregation of incompatible chemicals
– Flammable liquid cabinets
• Take preventative steps to avoid an improvement notice.
• If issued with a regulatory notice you must comply.