The short answer: SDS, register and manifest are three different things
In Queensland, a business that uses, handles or stores hazardous chemicals must get the current safety data sheet (SDS) for each one from its supplier, and keep a register that lists each chemical with its current SDS. Both must be readily accessible to the people affected. A manifest is a separate and larger document that is needed only when the quantity of a chemical goes over the manifest quantity in Schedule 11 of the Work Health and Safety Regulation 2011 (Qld). The register is not the manifest.
| Document | Who prepares it | What it is | Regulation |
|---|---|---|---|
| Safety data sheet (SDS) | The manufacturer or importer | Hazard and safe-handling information for one chemical, in 16 set headings | Section 330 and schedule 7 |
| Hazardous chemicals register | You, the business at the workplace | A list of the hazardous chemicals used, handled or stored at the workplace, with the current SDS for each | Section 346 |
| Manifest | You, only above the manifest quantity | A detailed summary for emergency services: quantities, storage areas, a plan of the workplace and contacts | Section 347 and schedules 11 and 12 |
What is a hazardous chemical?
Under the Regulation’s dictionary, a hazardous chemical is a substance, mixture or article that meets the criteria for a hazard class in the Globally Harmonized System (GHS), apart from some low categories, such as acute toxicity category 5. Many paints, solvents, adhesives, fuels, cleaning chemicals and welding gases are hazardous chemicals. Part 7.1 does not apply to everything, though. For example, it does not apply to fuel, oil or coolant in a container fitted to a vehicle or mobile plant for its operation (section 328(4)(b)), or to food in a package intended for human consumption (section 328(6)(a)). If you are not sure about a product, its SDS will say whether it is classified as hazardous.
Safety data sheets: who writes them and what they contain
The manufacturer or importer prepares the SDS before first manufacturing or importing the chemical or, if that is not practicable, as soon as practicable afterwards and before first supplying it to a workplace (section 330(1)). They must review it at least once every 5 years and amend it whenever that is needed so the information is correct and current (section 330(3)). The supplier must provide the current SDS with the chemical when it is first supplied to a workplace, and again if the SDS has since been amended. Retailers and consumer products are excluded (section 339).
Schedule 7 says an SDS must be in English, state the date it was last reviewed (or prepared, if never reviewed), give the manufacturer’s or importer’s name, Australian address and business phone number, and give an Australian emergency phone number. It must use these 16 headings in this order: identification; hazard identification; composition and ingredients; first aid measures; firefighting measures; accidental release measures; handling and storage; exposure controls and personal protection; physical and chemical properties; stability and reactivity; toxicological information; ecological information; disposal considerations; transport information; regulatory information; and any other relevant information.
What you must do as the business using the chemical
- Obtain the current SDS from the manufacturer, importer or supplier when the chemical is first supplied for use at the workplace, or as soon as practicable afterwards and before it is used. If the SDS is amended, obtain the amended one. A chemical is taken to be first supplied if it is the first supply to the workplace in 5 years (section 344(1) and (2), maximum 60 penalty units).
- Keep it readily accessible to workers who use, handle or store the chemical, and to emergency service workers or anyone else likely to be exposed to it (section 344(3), maximum 36 penalty units). Anyone likely to be affected who asks for the SDS must also be able to get it (section 344(6)).
- Do not change the SDS. Only the manufacturer or importer may amend it. The one change you may make is attaching a translation that clearly states it is not part of the original (section 345).
- Household products. If a consumer product is used only in quantities and in a way consistent with household use, and that use is incidental to the work, you do not have to obtain an SDS. You must still make sufficient information about safe use, handling and storage readily accessible (section 344(4) and (5)).
The Managing Risks of Hazardous Chemicals in the Workplace Code of Practice 2021 says the SDS should be kept near the work area, on paper or electronically, and that workers should know how to find it. If you use an electronic database, the code says to have a backup way to provide the SDS, such as hard copies.
What if my SDS is more than five years old?
The 5-year review in section 330(3) is a duty on the manufacturer or importer. Your duty in section 344 is to obtain and give access to the current SDS. The Regulation does not set an age limit on the copy you hold. As good practice, check the date on page one of each SDS (the “last reviewed” date). If it is more than five years old, ask the supplier for the current version or confirm that none has been issued, and replace the old copy in your register.
The hazardous chemicals register (section 346)
A business at a workplace must ensure a register of hazardous chemicals used, handled or stored at the workplace is prepared and kept at the workplace, and maintained so it stays up to date (section 346(1), maximum 60 penalty units). The register must include:
- a list of the hazardous chemicals used, handled or stored; and
- the current SDS for each hazardous chemical listed (section 346(2)).
It must be readily accessible to workers who use, handle or store a hazardous chemical, and to anyone else likely to be affected by one at the workplace (section 346(3), maximum 36 penalty units). Section 346 does not apply to a chemical in transit (unless it is significantly or frequently present in transit at the workplace), or to a consumer product for which you are not required to obtain an SDS under section 344. The code of practice adds that the register should be updated when a new chemical is introduced or a chemical is discontinued. Section 346 does not state how long to keep superseded SDS copies.
A simple register layout
The Regulation requires only the list and the current SDS. Extra columns make the register easier to use and to audit. This layout is our suggestion, not a legal format:
| Product name | Supplier | Where used or stored | Hazard class (SDS section 2) | SDS date and location |
|---|---|---|---|---|
| Example: solvent cleaner | Supplier name | Workshop store, cabinet 2 | Flammable liquid, category 3 | Date shown on the sheet; folder at the workshop door |
Under section 352, control measures for a hazardous chemical must be reviewed if its SDS or the register changes, and at least once every 5 years. Keeping the register current makes that review easier.
When a manifest applies
A manifest is needed only if the quantity of a Schedule 11 hazardous chemical, or group of them, used, handled or stored at the workplace exceeds the manifest quantity (section 347). Schedule 11, table 11.1 sets a placard quantity and a manifest quantity for each hazard class and category. For example:
| Hazardous chemical | Placard quantity | Manifest quantity |
|---|---|---|
| Flammable gas, category 1A or 1B | 200 L | 5,000 L |
| Flammable liquid, category 1 | 50 L | 500 L |
| Flammable liquid, category 2 | 250 L | 2,500 L |
| Flammable liquid, category 3 | 1,000 L | 10,000 L |
The table has many more rows, some in kilograms, so read schedule 11 for your own chemicals. To check, look at section 2 of each SDS for the hazard class and category, add up what you hold, and compare it with the table. Most small businesses will be well under these amounts, but the check is yours to make.
Placards use a separate, lower trigger. In the examples above the placard quantity is lower than the manifest quantity, so a placard can be required before a manifest is. If the total quantity of a Schedule 11 hazardous chemical, or group of them, used, handled or stored at the workplace exceeds the placard quantity, an outer warning placard must be prominently displayed (section 349). If the total quantity stored exceeds the placard quantity, a placard must be prominently displayed (section 350). Both must comply with schedule 13, and those sections have some exceptions, for example for some retail fuel outlets.
If you do go over a manifest quantity:
- You must prepare a manifest that meets schedule 12, and amend it as soon as practicable when the type or quantity changes (section 347). Schedule 12 requires, among other things, your name, the workplace address, the date prepared or last amended, and business-hours and after-hours phone numbers for at least 2 people who can be contacted if there is a notifiable incident.
- You must keep the manifest where you have agreed with the primary emergency service organisation, available for inspection and readily accessible to that organisation (section 347(3)).
- You must give the regulator written notice, at the time set out in section 348, with the manifest attached.
- You must give the primary emergency service organisation a copy of your emergency plan (section 361(2)).
A quick checklist
- List every chemical on site, including decanted and bulk products.
- Get the current SDS for each one from the supplier.
- Build the register: the list plus the current SDS for each, kept at the workplace.
- Make sure workers, and anyone else likely to be affected, know where it is and can reach it.
- Check quantities against the placard and manifest quantities in schedule 11 once a year, or when you change what you store.
- Replace an SDS when the supplier issues a new one, and review the controls when the SDS or the register changes.
Our Hazardous Substances Policy and Procedure Template sets out who looks after the register, and the Hazardous Chemical or Substance SWMS covers safe handling. For dust-related work, see the Silica Dust SWMS Template. Use the free Employee Training Register to record who has been shown where the SDS folder is, and browse our safety registers. For storage and disposal tips, read Hazardous Chemical Management: What You Need to Know, and for the wider paperwork picture see Safety Related Paperwork.
This guide is general information, not legal advice. Check the current law or talk to WorkSafe Queensland for your situation.
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