We also recommend those working in a mixed-use business (e.g., an office in an industrial setting) also think about what staff should be responsible for the spillage procedure in the workplace.

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Any member of staff who works in an area that contains hazardous substances should be trained on how to use a spill kit in case of an emergency. It is essential to prepare in advance for spills and train staff so they can handle incidents safely. Fast response is essential and could make the difference between a minor and major incident.

For example, sunglasses are regulated through the ACL’s Consumer Goods (Sunglasses and Fashion Spectacles) Safety Standard 2017. The standard provides that the “Australian standard means the Australian/New Zealand standard AS/NZS 1067.1:2016…”, and that “the Australian standard as varied… is declared to be a safety standard for sunglasses and fashion spectacles”. This indicates that the voluntary standard AS/NZS 1067.1:2016, developed by Standards Australia, has been adopted as the applicable standard in Australia. It is therefore mandatory.

Only standards that are prescribed by domestic regulation are mandatory in Australia. Australia has specialist regulatory frameworks prescribing standards for products including:

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To determine whether a voluntary standard applies, reference must be had to the specific terms of the mandatory Australian standard. The Australian standard will describe the technical specifications for the product, and whether another standard (if any) has the force of law in Australia.

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Businesses manufacturing, importing and/or supplying products in Australia must ensure the products meet Australia’s regulatory standards. Failure to comply with regulatory standards can result in harsh penalties, with the Australian Consumer Law allowing courts to fine companies up to AUD50 million.

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As demonstrated by the recent infringement notices issued to Dusk and The Reject Shop, suppliers can face significant penalties for supplying non-compliant products. A range of other consequences can also arise, depending on the applicable regulatory framework. Aside from civil and pecuniary penalties, other consequences can comprise:

The course assessment comprises of 10 questions drawn from question banks. This approach ensures that learners receive a new set of questions every time they take the assessment. This makes the course suitable for both initial and refresher training. By providing varied assessments, individuals have the opportunity to continually test and reinforce their knowledge, enhancing the effectiveness of the training.

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In this explainer, senior counsel Alistair Bridges and lawyer Emily Schilling outline the various product standards that operate in Australia and explain some of the key considerations for business.

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Manufacturers, importers, distributors and retailers who supply products in Australia are considered a “supplier” and are generally responsible for ensuring regulatory standards are met.

Applicable standards for a product are prescribed under the relevant regulatory framework. For example, the Australian Communications and Media Authority regulates devices with electromagnetic compatibility capabilities according to the Radiocommunications (Electromagnetic Compatibility) Standard 2017 and its related legislative instruments.

Some standards are mandatory and require compliance, whereas other standards are voluntary and only represent best practice. Standards developed by non-Australian government bodies (such as Standards Australia, the International Organization for Standardization and the International Electrotechnical Committee) will generally be voluntary, unless Australia has adopted such standards into its domestic regulatory frameworks.

It is essential for every organisation to identify what substances might be spilt and what quantity of the substance could be spilt. A risk assessment will determine the number of spill kits necessary, and what items needs to be in them. Additionally, it will help identify any extra personal protective equipment that may be required.

Your Spill Kit course certificate does not expire. However, based on best practice guidelines, we recommend the training is retaken every 3 years.

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Australia has a strong regulatory spotlight on products that have mandatory standards in force. As suppliers face a range of significant consequences, including financial penalties, criminal liability and reputational implications for getting it wrong, it is best to take a “safety first” approach to complying with Australia’s regulatory standards. However, given the complexities in determining whether a particular standard is mandatory in Australia, this task is often easier said than done.

It is a legal obligation for a supplier to ensure that the products it sells are safe. To avoid facing significant penalties, it is important for business to be aware of the relevant standards that can apply, to understand how to comply with these standards and, in certain circumstances, to be able to demonstrate compliance.

Voluntary standards can be listed as applicable alternative standards within a mandatory standard. This means that suppliers can cite compliance with a voluntary standard as an alternative to citing express compliance with the Australian standard.

Also, visit our Help & Support page, where you will find answers to frequently asked questions about our online training courses.

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The second topic covers important work that must be done to prepare for the possibility of a spill. It identifies management responsibilites and worker responsibilities.

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Products covered by Australian standards range from sunglasses, aquatic toys and treadmills through to road vehicles and devices with electromagnetic capabilities. At the same time, not all products have accompanying standards, and not all standards for a product necessarily apply in Australia.

This memo presents an overview and commentary of the subject matter. It is not provided in the context of a solicitor-client relationship and no duty of care is assumed or accepted. It does not constitute legal advice.

Standards set out technical specifications for particular products. These include testing, packaging, performance, physical design, instructions, and warning requirements. Product claims by suppliers cannot be inconsistent with applicable standards. Standards aim to ensure that products are safe, consistent, and reliable for consumers, and that product descriptions are not misleading or confusing. Higher risk products attract more stringent regulatory oversight than lower risk products.

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Suppliers must act diligently and expeditiously, including to refrain from supplying the product until its adherence to the mandatory standard has been established.

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Topic three is about three types of spill kit. You’ll learn about the typical contents of a spill kit, and more specialised kit that is sometimes required. The topic describes the range of absorbent materials that can be in a spill kit and explains how to pack a spill kit bin.

Our certified online Spill Kit Training for Chemicals & Oils identifies the risks associated with hazardous substances at work and teaches best practices when handling spills in the workplace. This quick 1-hour course will help you learn to identify the typical contents of a spill kit and explain how to use a spill kit safely and effectively.

If a supplier has not complied with a mandatory standard, the best course of action is to immediately obtain legal advice. Legal advice can mitigate any consequences arising from the supply of non-compliant products in Australia, as well as assisting to identify the most appropriate course of action.

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If in doubt, suppliers should immediately conduct an audit to determine whether the products it supplies into the Australian market comply with any applicable regulatory requirements. Undertaking this activity has no downside. It enables suppliers to confirm that its products comply with mandatory standards and will be attractive to the increasingly savvy consumer, who expects a certain level of safety and design be guaranteed in the products they purchase.

The first compliance step is to ensure that the product meets the technical specifications of the standard. Depending on the contents of the standard, it may be necessary to conduct performance testing and attach safety warnings and/or instructional labelling to the product.

These developments likely suggest an uptick in government scrutiny of standards compliance, or at the very least, reflect increasing manufacturer and supplier reliance on emerging technologies in their products, where the implications of technology failure could cause dire outcomes, including injury or death. Whatever the motivation, these examples underline the desirability and necessity for Australian suppliers to increase their awareness and vigilance in this critical area of business risk.

You will find four screenshots from our Spill Kit online training course below. Our online courses are designed to be simple to use, with a mixture of text, images, interactivity and professional audio.

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Earlier this year, retailers Dusk and The Reject Shop paid infringement notices totalling AUD240k for supplying battery-operated Halloween toys that did not meet Australia’s mandatory standards. During this year, we have also fielded an increasing number of inquiries from international clients on automotive standards relating to navigational equipment, braking and LED lighting, and have been called upon to advise on battery product recall procedures.

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The second compliance step is to refer to the broader regulatory framework that the relevant standard sits within. This will indicate whether any further compliance steps need to be undertaken. Some regulatory frameworks will require suppliers to demonstrate compliance to the relevant standard, certify that the product has met that standard, and then label the product accordingly.

By way of illustration, we refer to the process for prescribing voluntary standards under the ACL’s regulatory framework, a process which is similar to that used by other regulatory frameworks.

The fourth topic is about how to use a spill kit. You will learn about eight steps of a typical emergency spills response procedure.

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The training course also complies with the Continuing Professional Development (CPD) guidelines and is accredited by the CPD Certification Service.

The first topic is an introduction to workplace spills. It outlines the importance of managing spills, describes relevant UK laws and identifies some hazardous substances. It also presents the standardised pictograms for hazardous substances.

Suppliers can be liable to compensate consumers who suffer loss or damage as a result of using non-compliant products. A consumer who suffers loss or damage as a result of using a non-compliant product can seek compensation or seek to enforce other consumer protections contained in the ACL. For example, a consumer could argue that a supplier has made false representations that its products are of a particular standard (this “standard” being the mandatory Australian standard), in contravention of Section 106 of the ACL. A consumer could also seek to establish a claim in negligence against the supplier.

Spills can harm people’s health, they can cause serious environmental damage and they can cost money to clean up. Fast response is essential and could make the difference between a minor and major incident.

In line with the objective of collaborative standardisation as encouraged by the WTO Agreement on Technical Barriers to Trade, Australia has adopted many international standards into its domestic regulations. Australia’s focus on harmonising “voluntary” standards means that many “voluntary” standards are not voluntary at all – instead, they can have the force of law in Australia.

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The third compliance step is to remain alert to any changes to the applicable standard. Australian standards change to reflect emerging technological developments, modernised safety expectations and changing international standards. There will usually be a transition period providing suppliers leeway to transition to the new requirements, but that will not help a supplier that fails to maintain an awareness of the status of standards that apply to its products.