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Work health and safetyModel WHS lawsKeep current

Hazardous chemicals register and safety data sheets

How long do hazardous chemicals register and safety data sheets need to be kept in Australia?

Keep forKeep current / 5 years
Clock startsKeep current while the chemical is at the workplaceCarcinogen supply records: 5 years after last supply
Applies toPCBUs that use, handle or store hazardous chemicals

Where this applies. The model WHS laws apply in the Commonwealth, NSW, Queensland, SA, Tasmania, the ACT, the NT and WA (WA with variations). Victoria has a different law (OHS Act 2004). Its periods are not shown here.

General information, not legal advice or permission to destroy a record. Coverage may be incomplete or out of date. Check the official text, other applicable obligations and any investigations, disputes or legal holds before disposal. Get advice for your situation. Terms of use.

Under the Work Health and Safety Regulations 2011, PCBUs that use, handle or store hazardous chemicals must keep hazardous chemicals register and safety data sheets: keep current / 5 years.

The register of hazardous chemicals, current safety data sheets, and records of supplying restricted carcinogens.

3 provisions of the Work Health and Safety Regulations 2011 apply to these records. Each one is set out below.

The terms

r 346(1)Work Health and Safety Regulations 2011
No period stated
Start not stated
r 344(3)Work Health and Safety Regulations 2011
No period stated
Start not stated
r 340(3)–(4)Work Health and Safety Regulations 2011
5 years
after the substance was last supplied to the person

Conditions and exceptions Caution

From the provisions:

  • Does not apply to hazardous chemicals in transit (unless significant/frequent presence) or certain consumer products
  • Hazardous chemical in transit (unless significant or frequent presence at workplace)
  • Consumer product not requiring a safety data sheet under regulation 344
  • Applies unless subregulation (4) exclusions apply
  • Does not apply to hazardous chemicals covered by subregulation (4)

The law

Work Health and Safety Regulations 2011, r 346(1) · Hazardous chemicals registerOfficial text ↗
A person conducting a business or undertaking at a workplace must ensure that: (a) a register of hazardous chemicals used, handled or stored at the workplace is prepared and kept at the workplace; and (b) the register is maintained to ensure the information in the register is up to date.
Text as at 25 March 2025
Work Health and Safety Regulations 2011, r 344(3) · Person conducting business or undertaking to obtain and give access to safety data sheetsOfficial text ↗
The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to: (a) a worker who is involved in using, handling or storing the hazardous chemical at the workplace; and (b) an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace.
Text as at 25 March 2025
Work Health and Safety Regulations 2011, r 340(3)–(4) · Supply of prohibited and restricted carcinogensOfficial text ↗
A supplier under subregulation (1) or (2) must keep a record of: (a) the name of the person supplied; and (b) the name and quantity of the substance supplied.
Text as at 25 March 2025

Other terms that apply to these records

This page covers hazardous chemicals register and safety data sheets on their own. The same file is often caught by other laws as well, with different periods and start dates. See why a legal term is not a schedule.

2 records. 2 sets of rules. They don't agree.

One business file can hold all of these at once.

Hazardous chemicals register and safety data sheetsCurrentWork Health and Safety Regulations 2011, r 346(1), r 344(3), r 340(3)–(4) · keep current while the chemical is at the workplace
Health and exposure monitoring records30–40yWork Health and Safety Regulations 2011, r 378(1), r 418(1), r 444(1), r 50(2) · the record is made

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