3.1 Carbon monoxide

3 Final decisions made pursuant to regulation 42ZCZR - proposals referred to the November 2019 Advisory Committee on Chemicals Scheduling (ACCS #26)

3.1. Final decision in relation to Carbon monoxide

Final decision

Pursuant to regulation 42ZCZR of the Regulations, a Delegate of the Secretary has made a final decision to affirm the interim decision and not amend the current Poisons Standard in relation to carbon monoxide.

Reasons for the final decision (including findings on material questions of fact)

I confirm the reasons for my final decision not to amend the Poisons Standard with respect to carbon monoxide are as detailed in my interim decision. In making my final decision, I have taken into account the material detailed in the interim decision and the public submission received before the second closing date in response to the call for further submissions published on 6 February 2020 under regulation 42ZCZP of the Regulations.

Statements made in the public submission that industry is currently implementing further controls aimed at preventing public access to carbon monoxide products have not been material to my decision as these reiterate views I have previously taken into consideration. I am satisfied that at this time, carbon monoxide does not meet the requirements for inclusion in the Poisons Standard. The risk profile of carbon monoxide is largely mitigated by other regulations in industry and on balance, as carbon monoxide containing-products are not supplied to the public in the domestic market, public risk exposure is low.

Summary of public submissions on the interim decision

In response to the interim decision, one submission was received. The submission supported the interim decision and no submissions were received that opposed the interim decision.

The main points provided in support of the interim decision were:

• The submission supported the interim decision as a sensible and pragmatic decision not to schedule carbon monoxide.
• Industry has developed, through a member based working group, product stewardship guidelines for carbon monoxide and these have been recommended to members for implementation. The guidelines include barriers to obtaining the product using end user declarations.
• Training and support to customer service staff within industry is being provided to identify when a sale may be suspicious and if the declared use is not legitimate

Date of effect of the decision

7 May 2020