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You are here: Agriculture » About Agriculture » Legislation and Regulation » Your Responsibilities » Chemical Management

Chemical Management: Legal Booklet

This booklet is one in a series of eight legal booklets for farmers

Contents

• About the booklet
• Key terms, acronyms and abbreviations
• Introduction
• Relevant laws, guidelines and Codes
• Roles and responsibilities
• Legislation and the farmer
• Further information

About the booklet This booklet is one of a series of eight covering legal aspects of managing a farm: Biodiversity Chemical Management Introduction to Occupational Health and Safety Livestock Management Noxious Weed and Pest Animal Management Soil Management Waste Management Water Management Each booklet provides a list of the relevant legislative Acts and explains the purpose of each Act. They have been written for land managers and primary producers. Each booklet consists of the following sections: Key terms, acronyms and abbreviations – an explanation of some of the language and terms used throughout the booklet. Introduction – a summary of the intention of the legislation. Roles and responsibilities – an explanation of roles played by national, state and local governments, their agencies and farmers. Relevant laws, guidelines and Codes – the relevant Acts, guidelines and Codes covering farm management in Victoria. Legislation and the farmer – A table of potential situations with an explanation of a farmer’s obligations or the implications under the relevant Acts in Victoria.

Key terms

Dangerous Goods – Substances or articles that, because of their physical, chemical (physicochemical) or acute toxicity properties, present an immediate hazard to people, property or the environment. Types of substances classified as Dangerous Goods include explosives, flammable liquids and gases, corrosives, chemically reactive or acutely (highly) toxic substances. The criteria used to determine whether substances are classified as Dangerous Goods are contained in the Australian Dangerous Goods Code (ADG Code). The following agricultural chemicals are examples of Dangerous Goods: organophosphorus insecticides, cresols, carbamate pesticides, endosulfan, methyl bromide, phosphine fumigant, and ammonium nitrate.

Hazardous Substances – Those that, following exposure, can have an adverse effect on health. Examples of Hazardous Substances include poisons, substances that cause burns or skin and eye irritation, and substances that may cause cancer.

Material Safety Data Sheet (MSDS) – A document that describes the chemical and physical properties of a material and provides advice on its safe storage, handling and use. It includes details of health and physicochemical hazards, exposure controls, personal protective equipment, safe handling and storage instructions, emergency procedures and disposal advice.

Maximum residue limit (MRL) – The maximum level of a chemical that is legally permitted to be present in food, and is generally expressed in milligrams of the chemical per kilograms of the food (mg/kg). This limit represents the level of residue that should not be exceeded if good agricultural practice is followed. MRLs are set by the Australian Pesticides and Veterinary Medicines Authority (APVMA) and Food Standards Australia New Zealand (FSANZ).

Acronyms / abbreviations ACCAs Agricultural Chemical Control Areas DSE Department of Sustainability and Environment ACUP Agricultural Chemical User Permit EPA Environment Protection Authority APVMA Australian Pesticides and Veterinary Medicines Authority GAP Good Agricultural Practice MRL Maximum residue limit CVD Commodity Vendor Declaration MSDS Material Safety Data Sheet DHS Department of Human Services OHS Occupational Health and Safety DPI Department of Primary Industries

Introduction

Agricultural and veterinary chemicals are used to protect crops, livestock and other animals and plants from unwanted weeds, pests and diseases. They include pesticides, such as insecticides, fungicides and herbicides, and veterinary medicines. Agricultural and veterinary chemicals help agricultural industries to be more productive, improve produce quality and be more competitive on world markets.

Land owners have a responsibility to manage chemicals on their property in a way that does not adversely affect their neighbours and to ensure clean produce for consumers.

Legislation obligation and community concerns regarding the use of chemicals in the environment and in food put ever-increasing pressure on farmers to use chemicals safely and responsibly.

Using a product in accordance with the label instructions should ensure that agricultural produce meets the domestic standards and this supports clean agriculture.

The Victorian control of use system has been designed to enhance Good Agricultural Practice (GAP). By monitoring compliance with the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 and its associated regulations, Victoria can demonstrate responsible farm chemical use.

The main rules

• There are legislative restrictions regarding the use of agricultural and veterinary chemicals and the supply and use of certain high risk chemicals. Further, some registered chemicals are prohibited from use in certain circumstances, or may only be used by persons holding specific licences.
• For example, off-label use refers to situations when a chemical is used in a manner that is not specified on the chemical’s product label. In certain circumstances, the off-label use of a chemical may not be illegal in Victoria.
• Chemical use licences and permits are required to authorise the use of certain chemicals in certain circumstances (e.g. Agricultural Chemical User Permit (ACUP), Commercial Operators Licence).
• It is an offence to undertake agricultural spraying that results in damage to or contamination of plants, produce or stock outside the target area. Causing off-target spray drift is an offence under various Acts.
• Notification laws apply when spraying agricultural chemicals by air or mister within 200 metres of a school, hospital, aged-care service or children’s service such as a kindergarten or child-care centre.
• Regulations specify certain equipment (relating to wind speed and direction) must be used immediately before and during aerial spraying.
• Restrictions apply to types of herbicides, their method of application and the periods in which certain chemicals can be applied in Agricultural Chemical Control Areas (ACCAs).
• It is compulsory to make and keep specific chemical use records.

Visit the Department of Primary Industries (DPI) Chemical Standards website, www.dpi.vic.gov.au/chemicalstandards for more information.

Relevant laws, guidelines and Codes

There are three main sets of legislation dealing with the use of chemicals on the farm.

The Australian and State governments are responsible for regulating agricultural and veterinary chemicals.

Agricultural and Veterinary Chemicals (Control of Use) Act 1992

Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007

Agricultural and Veterinary Chemicals (Control of Use) (Fertiliser) Regulations 2005

For Victorian farmers, the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 is the most important legislation. It imposes controls in relation to the use and application of agricultural chemical preparations, veterinary chemical preparations, fertilisers and stock foods.

The Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007 sets out the record-keeping requirements for agricultural and veterinary chemical users. It also imposes further control on veterinarians and mandates notification of spraying near sensitive areas.

There are various Orders created under the Act which place further controls over the use of agricultural and veterinary chemicals in Victoria.

Roles and responsibilities The management of chemicals on farm is a shared responsibility between all three levels of government (Australian, State and Local Governments) and land owners. The Australian Government regulates the registration and supply of the relevant chemicals while the States regulate the use of those chemicals. The Australian Pesticides and Veterinary Medicines Authority (APVMA) administers the National Registration Scheme for Agricultural and Veterinary Chemicals. The Scheme registers and regulates the manufacture and supply of all pesticides and veterinary medicines used in Australia, up to the point of sale. The APVMA also sets Maximum residue limits (MRLs) that are used as a measure of GAP. The Victorian Government regulates the use of agricultural and veterinary chemicals after the point of sale. The regulations cover basic training requirements for users; licensing of commercial pest control operators and ground and aerial spray operators; residue monitoring; arrangements to enforce the safe use of chemicals, including spray drift guidelines and other user awareness initiatives. The Chemical Standards section within the DPI ensures that Victoria’s standards for chemical and pesticide use are implemented, and promotes their safe use. Under the Environment Protection Act 1970, it is an offence to cause land, air, water or noise pollution. This affects disposal of unused chemicals and chemical containers. The Environment Protection Authority (EPA) administers the legislation in co-operation with local councils. WorkSafe Victoria is responsible for enforcing Victoria’s occupational health and safety laws including the impact of workplace practices on the public (e.g. spray drift). The Department of Human Services (DHS) and local Councils are responsible for regulating spray drift where it may have an adverse impact on human health. Land owners and land occupiers have a responsibility to manage chemicals on their property in a way that does not adversely affect their neighbours, to ensure the health and safety of employees and to ensure clean produce for consumers.

Dangerous Goods Act 1985

Dangerous Goods (Storage And Handling) Regulations 2000

The Dangerous Goods Act regulates the manufacturing, storage, transfer, transport, sale, purchase and use of dangerous goods.

The Dangerous Goods Act seeks to ensure that adequate precautions are taken against any explosions, leakages or spillages of dangerous goods, and to allocate responsibilities to land owners and occupiers to ensure the health and safety of all persons.

Liability for a land owner, or occupier of the land, may arise where the dangerous goods are held or as an employer of workers who handle or have contact with dangerous goods.

The Dangerous Goods legislation establishes nine classes of dangerous goods according to their common hazardous properties. A number of classes have sub-classes. The duties vary according to the class of goods and some exemptions apply if small amounts are handled. (See the Chemical Management booklet for more information).

Occupational Health and Safety Act 2004

This Act is designed to provide a safe working environment for workers but also for those who visit the premises and the presence of chemicals and the like clearly present a risk in this respect. These Occupational Health and Safety (OHS) laws relate not only to Dangerous but also to ‘Hazardous’ Substances’. The latter are concerned with health effects, short and long-term.

Model Work Health and Safety Act 2009

The Australian Government has identified OHS as a priority area for reform. One of the key elements of the OHS reform agenda is harmonisation – moving towards one set of national OHS laws. Currently, all States and Territories are responsible for making and enforcing their own OHS laws. Although these draw on a similar approach for regulating workplaces, there are some differences in the application and detail of the laws.

Safe Work Australia is responsible for developing national model OHS legislation. The model legislation will consist of a principal OHS Act, supported by model regulations and model Codes of practice that can be readily adopted around Australia. This requires each State and Territory to pass their own laws that mirror the model OHS laws and adopt them by December 2011.

Other relevant legislation:

Public Health and Wellbeing Act 2008 and Public Health and Wellbeing Regulations 2009

The Public Health and Wellbeing Act 2008 and Public Health and Wellbeing Regulations 2009 came into effect on 1 January 2010.

This Act makes specific reference to pest control, spray drift, advanced notification requirements for spraying and access to 1080 pest animal bait products. The Act also regulates spray drift that causes a nuisance, as defined under the Act. See Table 1 for more information.

Environment Protection Act 1970

Under the Environment Protection Act 1970, it is an offence to cause land, air, water or noise pollution. This affects disposal of unused chemicals and chemical containers. The EPA administers the legislation in co-operation with Local Councils.

Drugs, Poisons and Controlled Substances Act 1981

This legislation defines what drugs and poisons are, and places these substances in various schedules based on a number of factors. Licences and permits are issued under the Act that limit the manufacture, distribution and use of scheduled poisons to those people who are properly trained and equipped.

Dairy Act 2000

This Act established Dairy Food Safety Victoria and provides for a licensing system for the dairy industry, which incorporates Codes of Practice and food safety programs.

Legislation and the farmer

Key questions for farmers about chemical management

Consider the following questions. If you are unsure of the answers to these questions, look through the table on the following pages for more information or phone the Department of Sustainability and Environment (DSE) Customer Service Centre on 136 186.

Keeping track of chemicals

• Do you keep records of the use of:
  • Schedule 7 poisons (dangerous poisons)
  • hormonal growth promotants
  • all spraying activities
  • all Dangerous Goods and Hazardous Substances?
• Do you use or store Schedule 7 Poisons (Dangerous Poisons)?
• Do you administer chemicals to animals?
• Do you use chemigation equipment?
• Do you comply with your specific duties regarding the reduction of risk for the storage of Dangerous Goods?
• Do you store unwanted chemical containers on your farm?
• Do you keep track of the Material Safety Data Sheets (MSDS) for goods so you know which are Hazardous Substances?

How good are your practices?

• As a person in charge of premises where Dangerous Goods are kept, do you take reasonable precautions against damage to property and injury to the public?
• Has your spraying equipment been recently calibrated?
• Does the storage and application of chemicals pose risks of pollution to water or the land? (See also Waste Management booklet)
• Are you using the chemical in accordance with the label?
• Do you know which are the permitted uses and which are prohibited uses for the chemicals that you carry?
• Are you spraying within the target area?
• Is your property within an Agricultural Chemical Control Area?

People on your farm

• If you have employees who spray, have they completed farm chemical use training?
• If you have employees who spray, do you carry out a risk assessment for workplace health and safety purposes?
• Do you have workers who handle Hazardous Substances?
• Do you employ workers who handle Dangerous Goods?
• Are visitors to your premises protected from the effects of Dangerous Goods?
• Do you abide by the duties under occupational health and safety laws towards visitors?

Farm activity or situation	On-farm obligations or implications
Chemical labels	Always read the entire label before using a chemical product and follow the label directions. Labels provide information on the chemical product, including its contents, toxicity, hosts (plant or animal) that the chemical may be used on in each State, pests that are controlled by the chemical in each State, application rate and methods, withholding periods and safety directions.
Permitted and prohibited chemical use	The law distinguishes between chemicals that must only be used for certain purposes and those that must not be used for certain purposes. Visit the DPI Chemical Standards website, www.dpi.vic.gov.au/chemicalstandards for information on prohibited uses of agricultural chemical products and the main rules applicable to using agricultural and veterinary chemicals in Victoria.
Unregistered chemicals	You must not use an unregistered agricultural chemical. Chemicals that have expired registration may be used within two years from the point when the chemical became unregistered but cannot be sold or supplied. Otherwise a permit is required. Unwanted farm chemicals can be correctly disposed of by contacting ChemClear. Contact drumMUSTER to recycle clean chemical containers (see Further Information).
Agricultural chemical user permits (ACUPs)	An Agricultural Chemical User Permit (ACUP) is required if you are using agricultural chemical products that: – are ‘restricted use’ chemicals (i.e. chemicals that are Schedule 7 Poisons (Dangerous Poisons), that contain atrazine, metham sodium or ester formulations of MCPA, 2,4-D, 2,4-DB or triclopyr) – contain 1080 (sodium fluoroacetate) – contain gaseous (liquid) methyl bromide, chloropicrin or phosphine for fumigation or – contain pindone concentrate for the preparation of poison baits. A permit is required to use these chemicals as they pose a risk to the user or the environment that is best managed through user training. Four types of ACUP endorsements are available: – Standard – authorises the use of ‘restricted use’ chemicals. – 1080 (Sodium fluoroacetate) – authorises the use of pest animal bait products that contain 1080. – Fumigants – authorises the use of agricultural chemical products that contain gaseous methyl bromide, chloropicrin or phosphine for fumigation. Note that only a standard ACUP is needed to use products that contain solid metallic phosphide. – Pindone Concentrate – authorises the use of agricultural chemical products that contain pindone concentrate for the preparation of poison baits. ACUPs are available which comprise different combinations of these endorsement types. Note: that you cannot obtain a 1080 endorsed ACUP on its own. Victorian farmers who wish to use 1080 products must have a 1080 endorsement ACUP to purchase and use these products. Training is a prerequisite for obtaining the ACUP and is also recommended by DPI for anyone who uses chemicals. Application forms are available for download from the DPI Chemical Standards website, www.dpi.vic.gov.au/chemicalstandards.
Commercial licences	Anyone who provides a commercial service of applying agricultural chemicals for a fee or reward needs to hold one of the following licences: – Commercial Operators Licence – Agricultural Aircraft Operator Licence – Pilot (Chemical Rating) Licence. For information on these licences, visit the DPI Chemical Standards website, www.dpi.vic.gov.au/chemicalstandards. People in the business of pest control (domestic and commercial premises) require a ‘Licence to Use Pesticides’, which is issued by the Department of Human Services (DHS) (contact the DHS Pest Control Program on 1300 887 090). All pest controllers need to obtain a licence, however a trainee must obtain a permit to provide sprays under supervision of a licensed pest controller.
Off-label use	Chemical labels are approved by the APVMA and contain all necessary information covering storage, use and disposal of the chemical, including application rate and withholding periods. Chemical users should always follow the label directions of use. In certain limited situations, off-label use may be permitted. It is illegal to use ‘restricted use’ chemicals off-label. ‘Restricted use’ chemicals are agricultural chemical products that: – are Schedule 7 Poisons (Dangerous Poisons) – contain atrazine, metham sodium, ester formulations of 2,4-D, 2,4-DB, MCPA or triclopyr. Off-label use of agricultural chemicals that are not ‘restricted use’ chemicals may be permitted as long as the user complies with the following requirements: – the maximum label rate for that use is not exceeded, unless a permit has been issued by the APVMA – the chemical is not used at intervals more frequent than the intervals for that use as stated on the label, unless a permit has been issued by the APVMA – the chemical is not used in a way that the label specifically states it must not be used (e.g. ‘DO NOT apply by air’), unless a permit has been issued by the APVMA – an insecticide is not applied to stored grain, grain during transit, or immediately before transit by means of a road transport vehicle unless that person holds a Section 25A permit that has been issued by DPI, authorising that use – the chemical is not applied to an animal unless a permit for that use has been granted by the APVMA or the use is in accordance with the written instructions from a veterinary practitioner and the use is not prohibited. All aspects of off-label use are the user’s responsibility, including efficacy, chemical residues in produce and the environment, environmental safety and OHS issues. A permit may be granted by DPI to use a ’restricted use’ chemical off-label. It is recommended that you consult a chemical reseller or agronomist for advice prior to using a chemical off-label. Apart from any penalties that may apply to off-label use, DPI does not recommend off-label use and notes that the practice can have other consequences such as loss of warranty and unacceptable chemical residues in treated produce. The presence of unacceptable residues in produce can have significant consequences for growers, packers, and sometimes whole agricultural industries. Persons using chemicals in an off-label manner should take steps including testing of produce to ensure unacceptable residues do not occur. Agricultural chemicals are not permitted to be applied to an animal, unless the use is in accordance with a permit or is conducted by a veterinary practitioner or a person acting in accordance with the written instructions of a veterinary practitioner. A person must not apply a veterinary chemical to a plant unless the use is in accordance with a permit. Some off-label use of veterinary chemical products is allowed in animals other than the major species (pigs, chickens, sheep and cattle) provided the dose rate and frequency of treatment is not exceeded. Veterinary practitioners, or persons authorised in writing by a veterinary practitioner or who hold a permit are allowed to use products off-label in the major species.
Spraying	A person must not carry out agricultural spraying that injuriously affects any plants or stock outside the target area, or which injures any land outside the target area so that growing plants or keeping stock on the land would result in contamination, including produce derived from the stock or plants. It is also an offence to carry out agricultural spraying which contaminates any stock outside the target area or which is likely to contaminate any agricultural produce derived from plants or stock outside the target area. A set of laws work in conjunction with the controls on off-target spray drift that give DPI the authority to control contaminated stock, produce or land. Victoria has specific locations, known as ACCAs, which restrict use of certain chemicals during certain time periods. These restrictions are in place to protect high-value, herbicide-sensitive crops from damage. Within these ACCAs, restrictions apply to the types of herbicides, their method of application and the periods in which certain chemicals can be used. It is necessary to check with DPI as to whether the area to be sprayed is within an ACCA. The ACCAs are: Mallee and mid-Murray, Extended Mallee, Goulburn Valley, North Eastern, Melbourne, Lindenow, Orbost, Boisdale and Rutherglen. Information on agricultural spraying is available from DPI. Under the OHS Regulations 2007, if an employee is handling Hazardous Substances it is necessary to carry out an assessment of the risk to the worker’s health. WorkCover has a form to be completed. The is a formal process and a record of the assessment must be kept. The assessment covers both the mixing and application of the spray. Contact WorkCover for the form and for more information. Notification laws apply when spraying agricultural chemicals by air or mister within 200 metres of a school, hospital, aged-care service or children’s service such as a kindergarten or child-care centre. Visit the DPI Chemical Standards website, www.dpi.vic.gov.au/chemicalstandards for details.
Records	It is a legal requirement to make specific records for all agricultural chemicals used in Victoria within 48 hours of the use, and keep these records for at least two years. Records are required to be kept for the use of hormonal growth promotants in cattle. These records must be written up within 24 hours of use. Records are required to be kept for the use of all Schedule 4 Prescription Animal Remedies and animal health products that have applicable withholding periods. These records must be made within 48 hours of use and kept for two years. Records should be made at the time of application. A register must be maintained of Dangerous Goods kept on premises. Some exemptions apply. Check with WorkCover.
Withholding periods (WHPs)	These are stated on the chemical product label. The law places the onus on the owner of the produce to ensure compliance. The sale of stock within the relevant withholding period is permitted only if the seller notifies the buyer in writing that the withholding period has not expired. Agricultural produce should not be harvested within the withholding period. If this occurs, sale of the agricultural produce is only permitted if the seller notifies the buyer in writing that the withholding period had not expired when the produce was harvested. This includes cutting failed crops early for stockfeed or hay.
Sale of contaminated produce	It is an offence to sell or offer to sell agricultural produce if it is contaminated. • It is critical to ensure this does not occur in order to protect producers’ access to domestic and international markets.
Stock feeding	Care must be taken in feeding crop waste to livestock because of the risk of chemical residues. Suppliers should be asked to certify that the material is suitable for feeding livestock through the provision of a Commodity Vendor Declaration (CVD) or By-Product Vendor Declaration. • National Vendor Declaration (NVD) forms details feeding by-product stock food to the livestock offered for sale. • Animal material cannot be fed to ruminant species.
Administering a chemical to an animal	In general, farmers must not use agricultural chemicals to treat stock animals unless authorised in writing by a veterinary practitioner. Farmers must only use Schedule 4 Prescription Animal Remedy products according to the directions provided by the dispensing veterinary practitioner. Farmers treating major species (i.e. cattle, sheep, pigs or chickens) with an ‘over-the-counter’ product (e.g. vaccines, worm drenches, lice treatments) must use a product that is registered for the intended purpose, or obtain written authorisation from a veterinary practitioner to use the product contrary to the label directions. ‘Over-the-counter’ products can be used off-label to treat minor species (e.g. goats, alpacas, and turkeys), however, care must be taken to minimise unacceptable chemical residues. • A product registered for oral or topical use must not be administered by injection.
Storage	Chemicals classified as ‘minor storage’ should be stored according to the Australian Standard AS 2507 – 1998. Most farms will have quantities and types of chemical that will not exceed this classification. When quantities exceed 1000 kilograms or litres combined, there are additional specifications which must be met and complied with, such as the Dangerous Goods Act 1998 and Dangerous Goods (General) Regulations 1998. Store chemicals in an isolated, secure, well-ventilated and dry area out of direct sunlight. Obligations also arise in relation to Dangerous Goods (see below).
Transport, disposal, protective equipment	When chemicals are also Dangerous Goods or Hazardous Substances, there are applicable laws that may carry penalties. Labels will carry the Dangerous Goods symbol and also indicate if the goods are Hazardous Substances. The latter requirement, however, is not required where the goods are also registered under the Agvet Code. Labels and MSDS’s have detailed information on the transport, disposal and Personal Protective Equipment (PPE) requirements.
Dangerous Goods	A person in charge of a premises where Dangerous Goods are stored or of a vehicle where they are transported has a general duty to take all reasonable precautions against fire, explosions, leakages and damage to property or danger to the public. ‘Reasonable’ is what an informed objective third person would regard as reasonable. An occupier of premises where Dangerous Goods are stored or handled must: – identify any relevant hazards (e.g. activities that might occur in the vicinity of the goods) – having identified the hazard, the occupier must carry out a risk assessment and keep a record of the assessment – eliminate, or, if not practical, reduce the risk that might be achieved by reducing the quantity of goods or substituting less Dangerous Goods. Apart from the general duty to reduce risk, the Dangerous Goods (Storage and Handling) Regulations 2000 contain specific duties to reduce or eliminate risk relating to: – the design of new premises or processes – isolation of goods – condition of structures and plant – disposing of containers no longer used – spill control – transfer of goods – ignition sources – ventilation.
Dangerous Goods (continued)	Some Dangerous Goods are exempt from the Regulations because they are being applied to an ordinary use, such as a battery in a vehicle or where the goods form part of a plant and are necessary for its operation. Dangerous Goods may also be exempt because only small quantities are kept such as fuels in an aggregate quantity of not more than 250 litres. Contact WorkSafe Victoria for information. If certain quantities of Dangerous Goods are held, e.g. cresols and carbamate pesticides then ‘Hazchem’ placards will be required. Diesel quantities up to 10 000 litres can be stored in isolation with no placard. Contact WorkSafe Victoria. The occupier of premises where Dangerous Goods are stored must ensure that suitable equipment for clean up and fire protection are present. The occupier must ensure that the current MSDS is obtained on the first occasion when the goods are supplied and remains available. Dangerous Goods must remain in their containers or packages and if removed into portable containers then certain information must be affixed to the portable container regarding the class of goods, risk label and product name. Accidents regarding Dangerous Goods have to be reported, without delay, to the fire authority or police. This law does not apply to accidents involving packaged Dangerous Goods of less than 250 kilograms or 250 litres so long as no one is injured and there is no damage to property. If there is an incident the occupier of the premises must investigate the incident and review the risk assessment and correct any deficiencies in the system of storage and handling. They also must record the incident, keep the record for five years and make it available to WorkSafe Victoria on request. For a complete list of Dangerous Goods contact WorkSafe Victoria.
Dangerous Goods and workers	The occupier of premises where Dangerous Goods are stored and handled must consult with workers regarding training, hazard identification, risk assessment and risk control, including any proposed changes to the premises that are likely to increase that risk. The training and induction has to be commensurate with the risks associated with storage and handling. The regulations set out the areas to be covered in the training and induction. Contact WorkSafe Victoria. A record has to be kept of induction and training activities. An employer cannot rely solely on administrative controls or protective equipment to eliminate or reduce risks of Dangerous Goods. Where protective clothing is used it must be properly maintained.
Dangerous Goods and visitors	The occupier of premises where Dangerous Goods are stored and handled must ensure that visitors are provided with information and supervision to ensure the risks associated with the goods is reduced as far as practicable.
Hazardous Substances and workers	Under the relevant law there is a long list of Hazardous Substances but from the consumer or users viewpoint the best guide is the MSDS sheet that is required to contain full details of the Hazardous Substances included in the product. In addition, the label will provide a guide, although, as noted above, there is no requirement for labelling of Hazardous Substances to be used if the chemical is registered under the Agricultural and Veterinary Chemical legislation. Certain Hazardous Substances can be prohibited from use in the workplace. Check with WorkSafe Victoria for a list of these chemicals or substances. There is a general duty to control the risk of Hazardous Substances. The risks cover all aspects of their presence in the workplace such as to the handling, application and storage and a specific duties regarding risks and the necessary controls.
Hazardous Substances – specific duties of employers	Specific duties set out by the WorkSafe Victoria include: – Obtain MSDS and have it accessible to employees. – Ensure containers are labelled and remain so until cleaned. – Keep a register of Hazardous Substances and ensure that it is accessible to employees. – Undertake risk assessment, record, review and revise. – Control risks, e.g. by substituting less hazardous substances, isolating employees, using engineering controls. The benchmark here is what is ‘as far as practicable’. – Ensure risk control measures are properly maintained. – Ensure exposure standards are not exceeded. – Undertake atmospheric monitoring where there is an exposure standard and provide results to employees. – Health surveillance for employees exposed to certain risks. Some examples of relevant substances are: crystalline silica, methaline bis, vinyl chloride, isocyanates, organophosphate pesticides, acryl. For more information see safeworksaustralia.gov.au – Provide instruction and training to employees regarding the nature of the Hazardous Substances and the need for control measures. – Consult with employees representatives (if practicable) about risk and its control.
Overlap between Dangerous Goods and Hazardous Substances	If Dangerous Goods are also Hazardous Substances then it is sufficient in terms of handling risk if the Hazardous Substances laws are complied with. This concession, however, does not apply to an occupier’s duties to control the risk associated with the handling of dangerous goods associated with explosion, fire, reaction to flammable, corrosive or toxic vapours or the escape or spillage of Dangerous Goods. In other words, in these situations the Hazardous Substances laws stand and must be complied with.
Chemicals and occupational health and safety	There is a general duty under the Occupational Health and Safety Act 2004 for employers to provide (so far as practicable) a safe working environment. This duty extends to activities connected to the use, handling, storage and transport of substances and is broadly consistent with the requirements under the more specific laws covering Hazardous Substances and Dangerous Goods.
Occupational health and safety and visitors	The employer has a duty to persons other than employees to ensure that they are not exposed to risks to their health or safety, including the means of access to the premises. This would include customers and other visitors whose presence is related to the employer’s business.

Further information

For up-to-date information on managing chemicals on farms in Victoria phone the Customer Service Centre on 136 186.

National Chemical Information Gateway website

For information about chemicals used in Australia: www.deh.gov.au/chemicals-gateway

Safe Work Australia

For information on dangerous goods and hazardous substances: safeworkaustralia.gov.au

Publications available include: National Standard for the Storage and Handling of Workplace Dangerous Goods National Code of Practice for the Storage and Handing of Dangerous Goods Hazardous Substances Information System: hsis.ascc.gov.au/

Department of Primary Industries website

For a range of useful information relating to chemical use on farms, visit the DPI website: www.dpi.vic.gov.au/chemicalstandards

Publications available include: Record-keeping templates for agricultural and veterinary chemical use and for poison baiting Chemical use information notes explaining in detail the rules and regulations Giving advice on agricultural and veterinary chemical use A Guide to Victorian Fertilisers

Worksafe Victoria: www.worksafe.vic.gov.au

Publications available include: New Dangerous Goods Laws National Model Regulations for the control of Workplace Hazardous Substances Controlled Document: Adverse Experience Reporting Program for Agricultural Chemicals; Guidelines for Farmers, Chemical Users and Members of the Public Form: Risk assess report for spraying pesticides Worksafe: A step-by-step guide for managing chemicals in the workplace

ChemClear

To dispose of unwanted farm chemicals phone: 1800 008 182; Web: www.chemclear.com.au

drumMUSTER

To recycle clean chemical containers phone: (02) 6230 6712; Web: www.drummuster.com.au

AGVET Farm Chemical Users Course: www.dpi.vic.gov.au/agtrain

A course tailored to suit the needs of growers and other groups allied to agriculture. Any growers or other personnel involved in the handling or use of agricultural chemicals are encouraged to complete this course. It is also a compulsory pre-requisite for applying for an Agricultural Chemical Users Permit (ACUP), required for the use of Schedule 7 and restricted chemicals and the purchase of 1080 baits.

Chemical Risk Management (Farm Chemical Update): www.dpi.vic.gov.au/agtrain

New legislation requires workplace managers (including owner-operators) to meet specific obligations if they transport, store or use hazardous substances. This course provides the required information and all the tools required to comply with the regulations and to have a much safer workplace. Attendance at the course can be recognised as an update for the AgVet Chemical Users Course.

AusChem Victoria: www.auschemvic.org.au

AusChem Victoria provides high quality training in agricultural and veterinary chemical use. The Farm Chemical Users Course provides the level of training needed by producers to make sure that they understood the requirements to use agricultural and veterinary chemicals safely and effectively. The course also encourages people to think about using alternatives to chemicals in their production systems by taking a risk management approach. The course has become the industry standard for AgVet chemical training and provides the necessary outcomes for participation in most of the industry quality assurance programs including CattleCare, FlockCare, GrainCare, FreshCare and MilkCare.

ISBN 978-1-74264-494-3 (print)

ISBN 978-1-74264-495-0 (online)