Federal Register of Legislation - Australian Government

Primary content

SR 1996 No. 129 Regulations as made
These Regulations amend the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations.
Administered by: DEWR
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR20-Aug-1996
Tabled Senate21-Aug-1996
Gazetted 28 Jun 1996
Date of repeal 01 Jan 2012
Repealed by Other
Repealing Comments Enabling legislation repealed by Work Health and Safety (Transitional and Consequential Provisions) Act 2011 (Act No. 146 of 2011)

Statutory Rules 1996   No. 1291

__________________

Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Dated 25 June 1996.

 

                                                                                 WILLIAM DEANE

                                                                                   Governor-General

By His Excellency’s Command,

 

 

PETER REITH

Minister for Industrial Relations

____________

1.   Commencement

1.1   These Regulations commence on 1 July 1996.


2.   Amendment

2.1   The Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations are amended as set out in these Regulations.

3.   Part 4 (Plant)

3.1   Omit the Part, substitute:

PART 4—PLANT

Division 1—Introduction

Objects of Part 4

4.01.    The object of this Part is to protect the health and safety of:

              (a)   employees; and

             (b)   contractors of an employer for the purposes of subsection 16 (4) of the Act; and

              (c)   other persons at or near a workplace under an employer’s control;

              from hazards arising from plant, and systems of work associated with plant, by:

             (d)   ensuring that:

                          (i)   hazards associated with the use of plant at work or at a workplace are identified; and

                         (ii)   risks to health and safety are assessed and controlled; and

              (e)   eliminating risks to health and safety, or, if that is not reasonably practicable, minimising them; and

              (f)   specifying requirements relating to the design, manufacture, testing, installation, commissioning, use, repair, storage and disposal of plant; and

              (g)   requiring the provision of relevant information and training; and


             (h)   requiring that:

                          (i)   certain plant not be operated unless the employer is licensed to operate the plant; and

                         (ii)   certain plant not be operated unless the design of plant has been:

                                    (A)   notified to the Commission under regulation 4.50; or

                                    (B)   registered by the Commission under paragraph 4.52 (1) (a).

 

NOTE

‘Plant’ is defined in subsection 5 (1) of the Act to include any machinery, equipment or tool, and any component thereof.

 

Application of Part 4

4.02.    (1)     This Part applies to the manufacture of plant that begins only after this regulation commences.

(2)      This Part applies to the design of plant that begins only after this regulation commences.

(3)      This Part applies:

              (a)   to the supply of plant that is manufactured after this regulation commences; and

             (b)   as far as is reasonably practicable, to the supply of plant that is manufactured before this regulation commences.

(4)      This Part applies to importers of plant who order new or used plant, for importation, after this regulation commences.

(5)      This Part applies to the installation or commissioning of plant that begins only after this regulation commences.


(6)      The provisions of this Part relating to the reinstallation or recommissioning of plant apply:

              (a)   to the reinstallation or recommissioning of plant that is manufactured after this regulation commences; and

             (b)   as far as is reasonably practicable, to the reinstallation or recommissioning of plant that is manufactured before this regulation commences.

(7)      Unless the contrary intention appears, this Part applies to:

              (a)   the use, repair or disposal of plant; and

             (b)   hazard identification, risk assessment and the control of risk in relation to plant.

Relevant persons

4.03.    In this Part, a reference to a relevant person is a reference to any of the following persons:

              (a)   an employee;

             (b)   a contractor of an employer for the purposes of subsection 16 (4) of the Act;

              (c)   any other person at or near a workplace under an employer’s control.


Division 2—Duties of a manufacturer of plant

 

NOTES

1.  The effect of subsection 18 (1) of the Act is that a manufacturer of plant may, in certain circumstances, have duties in relation to the design of the plant.

2.  The effect of subsection 18 (3) of the Act is that if:

          (a)    plant is imported into Australia by a person who is not the manufacturer of the plant; and

         (b)    at the time of the importation, the manufacturer of the plant does not have a place of business in Australia;

          the person importing the plant (who may be an employer or supplier) is taken to the manufacturer of the plant.

 

Hazard identification and risk assessment

4.04.    (1)     A manufacturer of plant that the manufacturer knows, or ought reasonably to expect, will be used by employees at work must take all reasonably practicable steps to ensure that hazards:

              (a)   arising from the design of the plant; and

             (b)   that are identified during the manufacture of the plant;

              are identified in accordance with Division 7.

              Penalty:  10 penalty units.

(2)      If a hazard is identified under subregulation (1), the manufacturer must ensure that the risks associated with the hazard are assessed in accordance with subregulation (3) and Division 7.

              Penalty:  10 penalty units.

(3)      In carrying out an assessment required by subregulation (2) in relation to the design of the plant, the manufacturer must ensure that the following are assessed:

              (a)   the impact of the plant on the work environment in which it is designed to operate;

             (b)   the range of environmental and operational conditions in which the plant is intended to be manufactured, transported, installed, erected and used;

              (c)   the ergonomic needs of persons who may use the plant;

             (d)   the need for safe access and egress for persons who install, erect or use the plant.

              Penalty:  10 penalty units.

Elimination or control of risk

4.05.    (1)     If a risk assessment conducted by a manufacturer of plant for the purposes of regulation 4.04 identifies a risk to health and safety, the manufacturer must take all reasonably practicable steps to ensure that:

              (a)   the risk is eliminated; or

             (b)   if it is not reasonably practicable to eliminate the risk—the risk is minimised in accordance with Division 7 and subregulation (2).

              Penalty:  10 penalty units.

(2)      For the purpose of minimising a risk in relation to design, the manufacturer must apply as many of the following measures as are appropriate:

              (a)   the use of designs which minimise the risks to health and safety associated with the use of the plant;

             (b)   the use of designs which have regard to ergonomic principles;

              (c)   the use of designs which enable components to be accessed for maintenance, repair or cleaning purposes with minimised risks to health and safety;

             (d)   ensuring that plant is designed according to all relevant standards referred to in Schedule 5;

              (e)   ensuring that powered mobile plant is designed to minimise the risk of the plant overturning, or of objects falling on an operator of the plant;

              (f)   if the risk assessment for powered mobile plant has identified a risk of:

                          (i)   the plant overturning; or

                         (ii)   objects falling on an operator of the plant; or

                       (iii)   an operator of the plant being ejected from the seat;

                      the use of an appropriate combination of operator protective devices to minimise the risk;

              (g)   if a particular system of work or operator competency is a factor in the control of the risk—the specification of that system or competency;

             (h)   if the risk assessment has identified an increased risk due to the build up of unwanted substances or materials, the use of designs that minimise that build up.

              Penalty:  10 penalty units.

(3)      Subject to subregulation (4), a manufacturer of plant that the manufacturer knows, or ought reasonably to expect, will be used by employees at work must take all reasonably practicable steps to ensure that the plant is:

              (a)   manufactured having regard to the designer’s specification; and

             (b)   inspected having regard to the designer’s specification; and

              (c)   if it is required—tested having regard to the designer’s specification.

              Penalty:  10 penalty units.


(4)      If a fault in the design of plant that may affect health and safety is identified during the manufacture of the plant, the manufacturer must take all reasonably practicable steps to ensure that:

              (a)   the fault is not incorporated into the plant; and

             (b)   the designer of the plant is consulted for the purpose of rectifying the fault.

              Penalty:  10 penalty units.

(5)      If a manufacturer knows, or ought reasonably to expect, that, after being manufactured, plant has a fault that may affect the health and safety of employees at work, the manufacturer must take all reasonably practicable steps to ensure that the person to whom the plant was supplied is notified of the fault and of the steps required to rectify it.

              Penalty:  10 penalty units.

Provision of information

4.06.    A manufacturer of plant that the manufacturer knows, or ought reasonably to expect, will be used by employees at work, must take all reasonably practicable steps to make available to the employer information concerning:

              (a)   the systems of work necessary for the safe use of the plant; and

             (b)   the knowledge, training or skill needed by a person inspecting or testing the plant; and

              (c)   relevant emergency procedures.

 

NOTES

1.  See paragraph 18 (1) (c) of the Act for requirements relating to the provision of information about plant by manufacturers to employers in relation to the use of plant by employees at work.

2.  The effect of subsection 22 (3) of the Act is that a manufacturer is taken to have complied with regulation 4.05 and with section 18 of the Act if the manufacturer relied on research, testing and examination carried out by another person or organisation and it was reasonable for the manufacturer to rely on that research, testing or examination.

 

Division 3—Duties of a supplier of plant

Elimination or control of risk

4.07.    (1)     If a supplier of plant that the supplier knows, or ought reasonably to expect, will be used by employees at work, identifies a risk to health and safety arising from the use of the plant, the supplier must take all reasonably practicable steps to ensure that, at the time of supply:

              (a)   the risk to health and safety arising from the use of the plant is eliminated; or

             (b)   if it is not reasonably practicable to eliminate the risk—the risk to health and safety from the use of the plant is minimised in accordance with Division 7.

              Penalty:  10 penalty units.


(2)      A supplier of plant that is intended to be used at work for scrap or spare parts must, as far as reasonably practicable before supplying the plant, tell the employer, in writing or by marking the plant:

              (a)   the purposes for which the plant may be safely used; and

             (b)   that the plant must not be placed in service in the form in which it is supplied.

              Penalty:  10 penalty units.

(3)      If a supplier hires or leases plant to an employer, being plant that the supplier knows, or ought reasonably to expect, will be used by employees at work, the supplier must take all reasonably practicable steps to ensure that:

              (a)   any risk to the health and safety of the employees arising from the use of plant that is hired or leased is minimised; and

             (b)   the plant is inspected between each hire or leasing to identify and, if necessary, minimise any risk to health and safety of employees from the use of the plant at work; and

              (c)   an assessment is carried out on a regular basis to determine:

                          (i)   the need for testing the plant to establish whether new or increased risks to health and safety have developed; and

                         (ii)   the times at which testing of that kind is to be carried out; and

             (d)   testing is carried out for the purposes of paragraph (b) and the results of the testing are recorded; and

              (e)   the records of testing are kept for the period in which the supplier hires or leases the plant to employers.

              Penalty:  10 penalty units.


Provision of information

4.08.    A supplier of used plant to an employer, being plant that the supplier knows, or ought reasonably to expect, will be used by employees at work, must take all reasonably practicable steps to ensure that, at the time at which the plant is supplied to the employer, any record relating to the plant kept for the purposes of these Regulations by the previous owner of the plant is made available to the employer.

              Penalty:  10 penalty units.

 

NOTES

1.  The duties of a supplier in relation to the provision of information about new plant are set out in paragraph 19 (1) (c) of the Act.

2.  The effect of subsection 22 (3) of the Act is that a supplier is taken to have complied with regulation 4.08 and with section 19 of the Act if the supplier relied on research, testing and examination carried out by another person or organisation and it was reasonable for the manufacturer to rely on that research, testing or examination.

 

Division 4—Duties of an erector or installer of plant

Hazard identification and risk assessment

4.09.    (1)     A person who erects or installs plant at a workplace must take all reasonably practicable steps to ensure that hazards associated with the plant:

              (a)   after it has been erected or installed; and

             (b)   when it is used by employees at work;

              are identified in accordance with Division 7 before and during the erection or installation of the plant.

              Penalty:  10 penalty units.


(2)      If a hazard is identified under subregulation (1), the erector or installer must ensure that the risks associated with the hazard are assessed in accordance with Division 7.

              Penalty:  10 penalty units.

(3)      An erector or installer may carry out a risk assessment under subregulation (2) on individual items of plant.

(4)      Subject to subregulation (5), if more than 1 item of plant of the same design is to be used under conditions that are the same for all practicable purposes, an erector or installer may carry out a risk assessment on a representative sample of the plant.

(5)      If a risk to health and safety may vary from operator to operator, the erector or installer must carry out a separate risk assessment on each item of plant that is to be erected or installed.

              Penalty:  10 penalty units.

Elimination or control of risk

4.10.    (1)     If a risk assessment conducted by an erector or installer of plant for the purposes of subregulation 4.09 (2) or (5) identifies a risk to health and safety, the erector or installer must take all reasonably practicable steps to ensure that:

              (a)   the risk to health and safety arising from the use of the plant is eliminated; or

             (b)   if it is not reasonably practicable to eliminate the risk—the risk to health and safety from the use of the plant is minimised in accordance with Division 7.

              Penalty:  10 penalty units.


(2)      The erector or installer must take all reasonably practicable steps to ensure that:

              (a)   if the plant is designed to be operated in a fixed position—the plant is positioned on and, if necessary, fixed to, a secure base in order to prevent unintentional movement of the plant when power is applied, or while the plant is in operation; and

             (b)   the electrical installations associated with the plant are installed to minimise the risk to the health and safety of an employee, after being installed.

              Penalty:  10 penalty units.

 

NOTE

The effect of subsection 22 (2) of the Act is that an erector or installer is taken to have complied with this Division and section 20 of the Act if the erector or installer reasonably relied on information from the manufacturer or the supplier of the plant, relating to the erection or installation of the plant.

 

Division 5—Duties of an employer

Subdivision A—General duties

 

NOTES

1.  An employer’s duty under these Regulations may arise because the employer is a manufacturer of plant, an erector of plant, an installer of plant, or acts in another capacity referred to in this Part.

2.  If it is necessary for an employer to have work carried out by a competent person, then a certificate permitting the person to carry out the work may be required: see Part 2 of these Regulations.

 

Hazard identification and risk assessment

4.11.    (1)     An employer must take all reasonably practicable steps to ensure that hazards relating to plant at work are identified in accordance with Division 7:

              (a)   before and during the introduction of the plant to a workplace; and

             (b)   before and during:

                          (i)   a change in the way that the plant is used that is likely to involve a risk to the health and safety of a relevant person; and

                         (ii)   a change in a system of work associated with the plant that is likely to involve a risk to the health and safety of a relevant person; and

                       (iii)   if relevant—a change in the location of the plant that is likely to involve a risk to the health and safety of a relevant person; and

              (c)   when new or additional health and safety information relating to the plant, or a system of work associated with the plant, becomes available to the employer.

              Penalty:  10 penalty units.

(2)      For plant that is in use before the commencement of this regulation, the employer must take all reasonably practicable steps to ensure that hazards are identified in accordance with Division 7 no later than 18 months after the day on which this regulation commences.

              Penalty:  10 penalty units.

(3)      If a hazard is identified, the employer must ensure that the risks associated with the hazard are assessed in accordance with Division 7 and subregulation (4).

              Penalty:  10 penalty units.


(4)      In carrying out a risk assessment, the employer must take all reasonably practicable steps to:

              (a)   assess the risk arising from:

                          (i)   any system of work associated with the plant; and

                         (ii)   the layout and condition of the work environment in which the plant is to be used; and

                       (iii)   the capability, skill and experience of the operator ordinarily using the plant; and

                        (iv)   any reasonably foreseeable abnormal condition that is likely to affect the plant; and

             (b)   identify:

                          (i)   items of plant that require records to be kept to minimise the risk to the health and safety of a relevant person; and

                         (ii)   the kind of records that should be kept; and

                       (iii)   the length of time for which the records should be kept.

(5)      An employer may carry out a risk assessment under subregulation (3) on individual items of plant.

(6)      Subject to subregulation (7), if more than 1 item of plant of the same design is to be installed and used under conditions that are the same for all practicable purposes, an employer may carry out a risk assessment on a representative sample of the plant.

(7)      If a risk to health and safety may vary from operator to operator, the employer must carry out a separate risk assessment on each item of plant to determine the risk to each operator of the plant.

              Penalty:  10 penalty units.


Elimination or control of risk

4.12.    (1)     If a risk assessment conducted by an employer for the purposes of subregulation 4.11 (3) or (7) identifies a risk to health and safety in relation to plant at work, the employer must take all reasonably practicable steps to ensure that:

              (a)   the risk is eliminated; or

             (b)   if it is not reasonably practicable to eliminate the risk—the risk is minimised in accordance with Division 7 and subregulation (2).

              Penalty:  10 penalty units.

(2)      The employer must take all reasonably practicable steps to ensure that:

              (a)   control measures are maintained, and supervised effectively, to minimise any risk to the health and safety of a relevant person; and

             (b)   systems of work are implemented and effectively supervised to minimise any risk to the health and safety of a relevant person; and

              (c)   if personal protective equipment is required—the equipment is provided and maintained in a manner that minimises the risk to the health and safety of a relevant person; and

             (d)   if a hazardous situation is reported—a relevant person is not placed at risk until the hazardous situation is rectified.

              Penalty:  10 penalty units.


Design of plant

4.13.    If an employer engages a person to design plant for use by employees at work, the employer must ensure that the person is provided with relevant information about matters relating to the plant that may affect the health and safety of a relevant person.

              Penalty:  10 penalty units.

Installation and commissioning of plant

4.14.    (1)     If an employer knows, or ought reasonably to know, of any risk to the health and safety of a relevant person occurring during the installation, erection or commissioning of plant that is to be used at work, the employer must take all reasonably practicable steps to ensure that the risk is:

              (a)   eliminated; or

             (b)   if it is not reasonably practicable to eliminate the risk—minimised in accordance with Division 7 and subregulation (2).

              Penalty:  10 penalty units.

(2)      The employer must take all reasonably practicable steps to ensure that:

              (a)   the installation, erection and commissioning of the plant are undertaken by a competent person; and

             (b)   the person undertaking the installation, erection or commissioning is given the information that is necessary to allow the plant to be installed, erected and commissioned in a manner that minimises the risk to the health and safety of a relevant person; and

              (c)   the plant is installed or erected in a location that is suitable for:

                          (i)   the task to be carried out using the plant; and

                         (ii)   the kind of plant; and


             (d)   there is sufficient space surrounding the plant to allow the plant to be used, and repaired, in a manner that minimises the risk to the health and safety of a relevant person; and

              (e)   the layout of the workplace is appropriate for the operation of the plant; and

              (f)   the workplace includes a safe means of access and egress; and

              (g)   if the final means of safeguarding the plant is not in place during the testing or start-up of the plant—an appropriate interim safeguard is used; and

             (h)   as far as can be determined by commissioning the plant—the plant is in a suitable condition to be operated.

              Penalty:  10 penalty units.

Use of plant

4.15.    (1)     An employer must take all reasonably practicable steps to ensure that a risk to the health and safety of a relevant person arising from plant used by employees at work, or the associated systems of work, under the employer’s control is:

              (a)   eliminated; or

             (b)   if it is not reasonably practicable to eliminate the risk—minimised in accordance with Division 7.

              Penalty:  10 penalty units.

(2)      Without limiting subregulation (1), the employer must take all reasonably practicable steps to ensure that:

              (a)   the plant is not operated by an employee at work, or a contractor of the employer, unless the employee or contractor:

                          (i)   receives necessary information and training in the operation of the plant; and

                         (ii)   is supervised to the extent necessary to minimise the risk to health and safety; and

             (b)   the plant is subject to appropriate checks, tests and inspections that are necessary to minimise the risk to the health and safety of an employee or a contractor of the employer; and

              (c)   the plant is used solely for the purpose for which it was designed unless the employer determines, and a competent person assesses, that a change in the purpose does not present an increased risk to the health and safety of a relevant person; and

             (d)   measures are provided to prevent any unauthorised interference to, or use of, the plant that is capable of making the plant a risk to the health and safety of a relevant person; and

              (e)   if safety features or warning devices are incorporated into the plant, they are used in a proper manner; and

              (f)   a person is not allowed to work between the fixed and traversing parts of the plant if there is a risk to the health and safety of a relevant person; and

              (g)   facilities and systems of work are provided and maintained to minimise the risk to the health and safety of a person who maintains, inspects or cleans the plant; and

             (h)   inspections, maintenance and cleaning are carried out having regard to procedures:

                          (i)   recommended for the plant by its designer or manufacturer; or

                         (ii)   developed for the plant by a competent person; and

              (i)   if access to the plant is required for the purpose of maintenance, cleaning or repair, the plant is stopped and 1 or more of the following items is used to minimise the risk to the health and safety of a relevant person:

                          (i)   a lockout or isolation device;

                         (ii)   a permit to work system;

                       (iii)   another appropriate control measure; and

              (j)   if danger tags are used on plant that is stopped for the purpose of maintenance, cleaning or repair, the tags are used in conjunction with 1 of the items referred to in paragraph (i); and


             (k)   if it is not reasonably practicable to carry out cleaning or maintenance while the plant is stopped:

                          (i)   operational controls that permit controlled movement of the plant are fitted; and

                         (ii)   a safe system of work is used; and

              (l)   each safety feature or warning device used with the plant is maintained, and tested, on a regular basis.

              Penalty:  10 penalty units.

(3)      An employer is not required to comply with paragraph (2) (a) in relation to plant that is intended to be operated by the public in general.

(4)      If the function or condition of plant at work is impaired or damaged to an extent that creates an immediate risk to the health and safety of an employee, or a contractor of an employer, the employer must ensure that the plant is not available for use until:

                         (a)   the risk is controlled in accordance with this Division; or

                         (b)   the plant is repaired in accordance with regulation 4.16.

              Penalty:  10 penalty units.

Repair of plant

4.16.    If the function or condition of plant at work is impaired or damaged to an extent that increases the risk to the health and safety of a relevant person, the employer must take all reasonably practicable steps to ensure that:

              (a)   a competent person assesses the damage and advises the employer of:

                          (i)   the nature of the damage; and

                         (ii)   whether the plant can be repaired; and

                       (iii)   if the plant can be repaired—the repairs that must be carried out to minimise the risk to health and safety; and

             (b)   a competent person carries out any repairs, inspection or testing that is required; and

              (c)   any repairs to the plant are carried out in a manner that maintains the design limits of the plant.

              Penalty:  10 penalty units.

Storage and disposal of plant

4.17.    (1)     If plant at work is to be stored, the employer must take all reasonably practicable steps to ensure that a competent person stores the plant in a manner that involves no risk to the health and safety of employees at work.

              Penalty:  10 penalty units.

(2)      If plant at work:

              (a)   is to be disposed of; and

             (b)   contains materials that present a risk to the health and safety of employees at work;

              the employer must take all reasonably practicable steps to ensure that the disposal is carried out by a competent person and in a manner that minimises any risk to the health and safety of employees at work.

              Penalty:  10 penalty units.


Training, information, instruction and supervision

 

NOTE

     The effect of regulation 4.03 is that each of the following persons is a ‘relevant person’:

          (a)    an employee;

          (b)     a contractor of an employer for the purposes of subsection 16 (4)         of the Act;

          (c)     any other person at or near a workplace under an employer’s          control.

 

 

4.18.    (1)     If a hazard that relates to plant at work, or a system of work associated with the plant, is identified and assessed to be a risk that must be minimised, the employer must ensure that:

              (a)   a relevant person who is likely to be exposed to the risk, and a person supervising that person, are, if relevant, appropriately trained in relation to:

                          (i)   the nature of the hazard and the processes used for the identification, assessment and control of any risk; and

                         (ii)   the safety procedures associated with the plant; and

                       (iii)   the need for, and proper use and maintenance of, control measures; and

                        (iv)   the use, fitting, testing and storage of personal protective equipment; and

                         (v)   the availability and use of specific information relevant to the plant; and

             (b)   the persons referred to in paragraph (a) are, if relevant, provided with information and instruction relating to the matters referred to in that paragraph; and


              (c)   before a person uses the plant, the person is given the information and instruction that is necessary to enable the person to use the plant in a manner that minimises any risk to the health and safety of a relevant person; and

             (d)   a person who uses the plant is given the training and supervision that is necessary to enable the person to use the plant in a manner that minimises any risk to the health and safety of a relevant person; and

              (e)   relevant health and safety information is provided to a person involved in:

                          (i)   the installation, erection or commissioning of the plant; or

                         (ii)   the use of the plant; or

                       (iii)   the testing of the plant; or

                        (iv)   the decommissioning or disposal of the plant; and

              (f)   if relevant—information on emergency procedures relating to the plant is displayed in a manner that may be observed readily by a person who is, or is likely to be, affected by the operation of the plant.

              Penalty:  10 penalty units.

(2)      An employer is not required to comply with paragraph (1) (d) in relation to a member of the public who uses an amusement structure that is under the employer’s control.

Record keeping

4.19.    (1)     An employer must ensure that records are made and kept concerning relevant tests, maintenance, inspection and commissioning of plant referred to in subregulation (2) while it is operable at work.

              Penalty:  5 penalty units.


(2)      The following plant is specified for the purposes of subregulation (1):

              (a)   plant listed in column 2 of an item in Part 2 of Schedule 6 the design of which must be notified under regulation 4.50;

             (b)   any of the following items of plant:

                          (i)   concrete placing units;

                         (ii)   industrial lift trucks;

                       (iii)   mobile cranes;

                        (iv)   hoists, with a platform movement in excess of 2.4 metres, designed to lift people;

                         (v)   boom-type elevating work platforms;

                        (vi)   presence sensing safeguarding systems;

                      (vii)   vehicle hoists;

                     (viii)   gantry cranes greater than 5 tonnes, bridge cranes greater than 10 tonnes, or any gantry crane or bridge crane designed to handle molten metal or dangerous goods;

                        (ix)   mast climbing work platforms;

              (c)   plant in relation to which records are to be prepared on the basis of a risk assessment carried out in accordance with this Part.

(3)      If a document exists that records the results of a risk assessment in relation to the plant, the employer must ensure that the document is kept for the length of time identified by the employer under subparagraph 4.11 (4) (b) (iii).

              Penalty:  5 penalty units.

(4)      The employer must give health and safety records concerning the plant to a person who purchases or otherwise acquires the plant from the employer, unless the plant is being sold for scrap or as spare parts for other plant.

              Penalty:  10 penalty units.

 

NOTE

The effect of subsection 22 (1) of the Act is that an employer is taken to have complied with this Division and sections 16 and 17 of the Act if the employer reasonably relied on information relating to the use of the plant supplied by the manufacturer or the supplier of the plant.

 

Subdivision B—Specific duties for control of risk

 

NOTES

1.   The duties in regulations 4.20 to 4.29 are additional requirements to those in regulation 4.12.

2.   The effect of subsection 5 (3) and section 16 of the Act is that an employer is taken to have control over plant if the plant is used by employees at work or at a workplace under the employer’s control.

 

Plant under pressure

4.20.    (1)     Subject to subregulation (5), if pressure equipment, other than a gas cylinder:

              (a)   is referred to in AS 1200 (‘SAA Boiler Code’); and

             (b)   is in use at work;

              the employer must take all reasonably practicable steps to ensure that the equipment is inspected in accordance with AS 3788 (‘Boiler and Pressure Vessels—In-service Inspection’).

              Penalty:  10 penalty units.


(2)      An employer must take all reasonably practicable steps to ensure that a gas cylinder at work is inspected in accordance with AS 2030 (‘SAA Gas Cylinders Code’).

              Penalty:  10 penalty units.

(3)      If an employer that operates a gas cylinder test station is given a gas cylinder to be inspected and tested, the employer must take all reasonably practicable steps to ensure that the cylinder is inspected and tested in accordance with:

              (a)   AS 2030 (‘SAA Gas Cylinders Code’); and

             (b)   AS 2337 (‘Gas Cylinder Test Stations’).

              Penalty:  10 penalty units.

(4)      If an employer that operates a gas cylinder test station is given a gas cylinder to be filled, the employer must take all reasonably practicable steps to ensure that:

              (a)   the cylinder is only filled if it bears a current inspection mark in accordance with AS 2030 (‘SAA Gas Cylinders Code’); and

             (b)   the cylinder is in good condition when being filled; and

              (c)   the cylinder is filled in accordance with AS 2030 (‘SAA Gas Cylinders Code’); and

             (d)   the fluid with which the cylinder is intended to be filled is compatible with the cylinder; and

              (e)   the cylinder is filled in a manner that is not a risk to the health and safety of a relevant person.

              Penalty:  10 penalty units.

(5)      If an employer is licensed under paragraph 4.43 (1) (a) to operate pressure equipment of the kind referred to in subregulation (1), the employer is not required to comply with subregulation (1) until 1 July 1997.


Plant with moving parts

4.21.    If a risk assessment identifies a risk to health and safety arising from the moving parts of plant used at work, the employer must take all reasonably practicable steps to ensure that:

              (a)   any cleaning, maintenance or repair of the plant is not undertaken while the plant is operating, unless there is no other reasonably practicable approach; and

             (b)   if the guarding of a moving part does not completely eliminate the risk of entanglement—a person does not operate, or pass in close proximity to, the plant unless a safe system of work is introduced, enforced and maintained to minimise the risk of entanglement.

              Penalty:  10 penalty units.

Powered mobile plant

4.22.    (1)     An employer must take all reasonably practicable steps to ensure that powered mobile plant at work is used in a manner that minimises any risk to the health and safety of a relevant person.

              Penalty:  10 penalty units.


(2)      If, after an employer minimises the risk to health and safety relating to powered mobile plant at work:

              (a)   there remains a risk of:

                          (i)   an item of powered mobile plant overturning; or

                         (ii)   objects falling on the operator of the powered mobile plant; or

                       (iii)   the operator of the powered mobile plant being ejected from the seat; and

             (b)   the risk needs to be controlled;

              the employer must take all reasonably practicable steps to ensure that an appropriate combination of operator protective devices is provided, maintained and used as appropriate.

              Penalty:  10 penalty units.

(3)      In addition to the requirements in subregulation (2), an employer must take all reasonably practicable steps to ensure that appropriate controls are implemented to eliminate or minimise the risk of that plant colliding with other powered mobile plant.

              Penalty:  10 penalty units.

(4)      If a tractor at work is of a kind to which the testing requirements of AS 1636 (‘Agricultural Wheeled Tractors Roll-Over Protective Structures Criterion and Tests’) apply, the employer must take all reasonably practicable steps to ensure that the tractor is securely fitted with a rollover protective structure no later than 12 months after the day on which this regulation commences, unless the tractor:

              (a)   was manufactured, or imported into Australia, before 1 January 1981 and is not operated by an employee; or

             (b)   is installed in a fixed position and in a manner that no longer allows it to be used as powered mobile plant.

              Penalty:  10 penalty units.


(5)      If a tractor is used at work under a tree, or in any other place, that is too low to allow the tractor to work while it is fitted with a rollover protective structure, the structure may be lowered or removed while the tractor is used in that situation.

(6)      An employer must take all reasonably practicable steps to ensure that earthmoving machinery at work of a kind referred to in AS 2294 (‘Protective Structures for Earthmoving Machines’) (other than earthmoving machinery that was manufactured, or imported into Australia, before 1 January 1989) is securely fitted with a suitable combination of operator protective devices to minimise the risk to the health and safety of employees at work, no later than 12 months after the commencement of this regulation.

              Penalty:  10 penalty units.

(7)      An employer must take all reasonably practicable steps to ensure that:

              (a)   a protective structure that is fitted to powered mobile plant at work complies with:

                          (i)   AS 1636 (‘Agricultural Wheeled Tractors—Roll-Over Protective Structures Criterion and Tests’); or

                         (ii)   AS 2294 (‘Protective Structures for Earthmoving Machines’); or

             (b)   if a protective structure, or an associated structural attachment, of a kind referred to in paragraph (a) is not available—another protective structure is designed by a suitably qualified engineer in accordance with the following requirements:

                          (i)   the performance requirements of AS 2294 (‘Protective Structures for Earthmoving Machines’) must be used as the design criteria for a rollover or falling object protective structure;

                         (ii)   the engineer is permitted to use calculated deformations if the engineer is satisfied that deformation testing is not required;


                       (iii)   the protective structure must be identified with the information required by AS 2294 (‘Protective Structures for Earthmoving Machines’), as appropriate.

              Penalty:  10 penalty units.

(8)      An employer must take all reasonably practicable steps to ensure that, to minimise any risk to the health and safety of employees at work, powered mobile plant used by those employees is fitted with suitable operator restraining devices if:

              (a)   the plant is fitted with a rollover protective structure or a falling object protective structure; and

             (b)   attaching points for operator restraining devices have been incorporated in the original design of the plant.

              Penalty:  10 penalty units.

Plant with hot or cold parts

4.23.    An employer must take all reasonably practicable steps to ensure that:

              (a)   if a relevant person is exposed to the hot or cold parts of plant—the exposure is monitored and suitably managed to minimise any risk to the health and safety of the relevant person; and

             (b)   if molten metal is transported at work—arrangements are made to prevent access to the path along which it is transported while the transportation occurs; and

              (c)   pipes and other parts of plant that are associated with hot or cold plant at work are adequately guarded or insulated to minimise any risk to the health and safety of a relevant person.

              Penalty:  10 penalty units.


Electrical plant and plant that is exposed to electrical hazards

4.24.    An employer must take all reasonably practicable steps to minimise any risk from the use of plant at work to the health and safety of a relevant person and, in particular, to ensure that:

              (a)   if damage to plant at work has created an electrical hazard:

                          (i)   the plant is disconnected from the electricity supply; and

                         (ii)   the plant is not used until the damaged part is repaired or replaced; and

             (b)   plant at work is not used under conditions that are likely to give rise to electrical hazards; and

              (c)   if plant at work has been isolated, but not physically disconnected, from an electrical supply, appropriate work systems are provided to avoid accidentally energising the plant; and

             (d)   only a competent person is permitted to carry out electrical work on plant at work; and

              (e)   if excavations are to be carried out, all relevant available information relating to the position of underground cables is obtained; and

              (f)   if plant at work is operated near overhead electrical power lines, control options for the plant comply with the requirements of the relevant electrical supply authority, as in force on the day on which this regulation commences.

              Penalty:  10 penalty units.


Plant designed to lift or move

4.25.    An employer must take all reasonably practicable steps to minimise any risk to the health and safety of a relevant person from plant at work that is designed to lift or move people, equipment or materials, and, in particular, to ensure that:

              (a)   no load is suspended over, or travels over, a relevant person; and

             (b)   for plant that is not specifically designed for the lifting or suspending of individuals—individuals are not lifted or suspended by the plant, or an attachment to the plant, unless:

                          (i)   the use of another method is not practicable; and

                         (ii)   a suitable and adequate personnel box or carrier, designed for the purpose, is used and securely attached to the plant; and

                       (iii)   the plant is fitted with a means by which the personnel box or carrier may be safely lowered in the event of an emergency or the failure of the power supply; and

                        (iv)   the plant is suitably stabilised at all times while the personnel box or carrier is in use; and

                         (v)   a suitable safety harness, securely attached to a suitable point, is provided to and worn by all individuals who are in a suspended personnel box or carrier, unless the personnel box or carrier is fully enclosed; and

              (c)   if the plant is used for lifting or moving a load that may become unstable, the load is appropriately restrained; and

             (d)   a crane or hoist is not used as an amusement structure; and


              (e)   a crane, hoist or building maintenance unit is operated and maintained to minimise any risk to health and safety, having regard to instructions:

                          (i)   recommended for the plant by its designer or manufacturer; or

                         (ii)   developed for the plant by a competent person; and

              (f)   for plant other than a crane or hoist—the plant is not used to suspend a load unless:

                          (i)   the use of a crane or hoist is not practicable; and

                         (ii)   the load is only travelled with the lifting arm of the plant fully retracted; and

                       (iii)   stabilisers are provided and used where necessary to achieve stability of the plant; and

                        (iv)   relevant persons are not permitted to be under the load; and

                         (v)   a welded lug is used as the lifting point; and

                        (vi)   if a bucket operated by a trip-type catch is used—the catch is bolted or otherwise positively engaged; and

                      (vii)   an appropriate load chart is provided and all lifting is carried out within the safe working load limits of the plant; and

                     (viii)   safe working load limits are displayed clearly on the plant; and

                        (ix)   a load is lifted using attachments suitable to the task to be performed; and

              (g)   no load is lifted simultaneously by more than one item of plant; and

             (h)   for an industrial lift truck—the truck is:

                          (i)   fitted with a warning device that effectively warns individuals who are at risk from the movement of the truck; and

                         (ii)   used in a way that minimises the exposure of the operator to risks arising from work practices or systems, and

                       (iii)   used in a way that minimises the exposure of the operator to risks arising from the particular environment in which the truck is used; and

                        (iv)   equipped with suitable lifting attachments specifically designed for the load to be lifted or moved; and

              (i)   for an industrial lift truck or tractor—no individual other than the operator is permitted to ride on the truck or tractor unless:

                          (i)   the individual is seated in a seat specifically designed for carrying a passenger; and

                         (ii)   the seat is fitted with suitable seat restraints; and

                       (iii)   the seat is located within the area protected by the required operator protective devices.

              Penalty:  10 penalty units.

Industrial robots and other remotely or automatically energised equipment

4.26.    (1)     An employer must take all reasonably practicable steps to ensure that an employee is not permitted to work in the immediate vicinity of an industrial robot or other remotely or automatically energised equipment unless suitable controls and systems of work are in place for the control of risk in relation to the robot or equipment.

              Penalty:  10 penalty units.

(2)      If an industrial robot at work can be remotely or automatically energised to create a risk to the health and safety of a relevant person, the employer must take all reasonably practicable steps to ensure that:

              (a)   access to the area immediately surrounding the robot is restricted; and

             (b)   access to that area is controlled by:

                          (i)   the isolation of the area; or

                         (ii)   the provision of interlocked guards; or

                       (iii)   the use of presence sensing devices; and

              (c)   suitable systems requiring a specific permit to commence any work in the area are maintained.

              Penalty:  10 penalty units.

Lasers and laser products

4.27.    An employer must take all reasonably practicable steps to ensure that:

              (a)   a laser or laser product is not operated at work unless it has been classified and labelled in accordance with AS 2211; and

             (b)   a Class 3B or Class 4 laser or laser product, for the purposes of AS 2211, is not used at work in a building or construction operation; and

              (c)   the use of a laser or laser product at work in a building or construction operation, other than a laser or laser product referred to in paragraph (b), is in accordance with AS 2397 (‘Guide to the Safe Use of Lasers in the Construction Industry’).

              Penalty:  10 penalty units.

 

NOTE

The Approved Code of Practice on Non Ionising Radiation incorporates the following Australian Standards:

(a)     AS 2772.1-1990 (‘Radiofrequency Part 1 Maximum Exposure Levels—100 kHz to 300 GHz’);

(b)     AS 2211-1990 (‘Laser Safety’);

(c)     AS 1188-1990 (‘Radio Transmitters and Similar Equipment—Safe Practices’).

 

Scaffolds

4.28.    (1)     An employer must take all reasonably practicable steps to ensure that no work is carried out from:

              (a)   a suspended scaffold; or

             (b)   a cantilevered scaffold; or

              (c)   a spur scaffold; or

             (d)   a hung scaffold; or

              (e)   another scaffold from which a person or an object could fall more than four metres;


              until the employer has obtained written confirmation from a competent person that the scaffold, or the relevant part or portion of the scaffold, is complete.

              Penalty:  10 penalty units.

(2)      If a scaffold of a kind referred to in subregulation (1) is used at work, the employer must take all reasonably practicable steps to ensure that the scaffold, and its supporting structure, are inspected by a competent person, to determine whether they comply with these Regulations:

              (a)   before the scaffold is used for the first time; and

             (b)   after the scaffold is used for the first time—at intervals not exceeding 30 days; and

              (c)   if an event occurs that can reasonably be expected to affect the stability or adequacy of the scaffold (for example, severe storm conditions or an earthquake):

                          (i)   as soon as practicable after the event occurs; and

                         (ii)   before the scaffold is used again; and

             (d)   before the scaffold is used for the first time following repairs.

              Penalty:  10 penalty units.

(3)      If any scaffold, or its supporting structure, used at work:

              (a)   is inspected; and

             (b)   is found to be in an unsafe condition;

              the employer must take all reasonably practicable steps to ensure that suitable repairs, alterations and additions (as required) are carried out before the scaffold is used again.

              Penalty:  10 penalty units.

(4)      If any scaffold used at work is incomplete, and left unattended, the employer must take all reasonably practicable steps to ensure that suitable controls are used (including the use of danger tags or warning signs) to prevent unauthorised access to the scaffold.

              Penalty:  10 penalty units.


Amusement rides

4.29.    If an amusement ride is used at work, the employer must take all reasonably practicable steps to ensure that:

              (a)   the ride is operated in a manner that minimises the risk to the health and safety of a relevant person, having regard to instructions:

                          (i)   recommended for the ride by its designer or manufacturer; or

                         (ii)   developed for the ride by a competent person; and

             (b)   records relating to the ride are kept in accordance with instructions:

                          (i)   recommended for the ride by its designer or manufacturer; or

                         (ii)   developed for the ride by a competent person.

              Penalty:  10 penalty units.

 

NOTES

1.   ‘Amusement ride’ is described in the definition of ‘amusement structure’ in subregulation 10.01 (1).

2.   The effect of subsection 22 (1) of the Act is that an employer is taken to have taken all reasonably practicable steps to control risks in relation to plant under the employer’s control if:

              (a)   the employer has taken all reasonably practicable steps to ensure that the use of the plant was in accordance with the information supplied by the manufacturer or the supplier of the plant, relating to health and safety in the use of the plant; and

              (b)   it is reasonable for the employer to rely on that information.

 


Division 6—Duties of an employee

Duties

4.30.    An employee at work must take all reasonably practicable steps to:

              (a)   comply with any requirement relating to plant implemented in accordance with this Part; and

             (b)   tell his or her employer, as soon as practicable, of any defect of which the employee is aware in any plant located at the place at which the employee carries out the work.

              Penalty:  10 penalty units.

Division 7—General requirements for hazard identification, risk assessment and risk control

Hazard identification

4.31.    (1)     A person who is required to identify any hazard to health and safety associated with plant, or a system of work associated with plant, must identify all reasonably foreseeable hazards.

              Penalty:  10 penalty units.

(2)      Without limiting the operation of subregulation (1), the person must identify hazards arising from the following matters to the extent that they are relevant to the design, manufacture, erection, installation, commissioning, or use of plant:

              (a)   the suitability of the kind of plant for the task that is to be carried out;

             (b)   the actual and intended use of the plant;

              (c)   the environmental conditions and terrain in which the plant may be used;

             (d)   any foreseeable abnormal situation, misuse or change in operating conditions that may affect the plant;

              (e)   the potential for injury caused by entanglement, crushing, trapping, cutting, stabbing, puncturing, shearing, abrasion, tearing or stretching;

              (f)   the creation of hazardous conditions because of the pressurised contents of the plant, electricity, noise, radiation, friction, vibration, fire, explosion, temperature, moisture, vapour, gas, dust, ice or hot or cold parts;

              (g)   the failure of the plant involving the loss of the contents of the plant, the loss of a load, unintended ejection of workpieces, explosion, fragmentation or the collapse of parts;

             (h)   the capability of the plant to lift and move persons, equipment or materials, including the suitability of any secondary backup system to support the load being lifted or moved;

              (i)   any control systems relating to the plant, including, for example, guarding and communications systems;

              (j)   the potential for objects to fall;

             (k)   the potential for the plant to roll over;

              (l)   the suitability of the materials used for the plant;

            (m)   the suitability and condition of accessories used for the plant;

             (n)   any ergonomic requirements relating to the installation and use of the plant;

             (o)   the possibility that a task may need to be carried out without the use of the plant;

             (p)   the location of the plant and its effect on the design or layout of a place at which work is carried out;

             (q)   the suitability and stability of the plant and its supports;

              (r)   the presence of persons and other plant in the vicinity of the plant;

              (s)   the potential for inadvertent movement or operation of the plant;

              (t)   systems of work associated with the plant;

             (u)   the need for, and the adequacy of, access and egress associated with the plant;

             (v)   the competency of an operator of the plant.

Risk assessment

4.32.    A person who is required to assess a risk arising from a hazard to health and safety must:

              (a)   determine a method of assessment that adequately addresses the hazards identified; and

             (b)   carry out one or more of the following activities:

                          (i)   a visual inspection of the plant and its associated environment;

                         (ii)   an audit of the consequences of the hazard;

                       (iii)   a test of the plant;

                        (iv)   a technical or scientific evaluation of the plant;

                         (v)   a technical or scientific evaluation of the hazard;

                        (vi)   an analysis of data relating to injuries and near misses;

                      (vii)   discussions with persons involved in the design, manufacture, supply, and importation of plant, and employers, employees, contractors or other relevant parties;

                     (viii)   a quantitative hazard analysis.

              Penalty:  10 penalty units.

Risk control

4.33.    (1)     If a risk assessment identifies a requirement to control a risk to health and safety relating to plant, the person who is required to control the risk must take all reasonably practicable steps to eliminate or minimise the risk.

              Penalty:  10 penalty units.


(2)      For the purpose of subregulation (1), one or more of the following controls may be implemented:

              (a)   the substitution of plant or a part of plant;

             (b)   the isolation of the plant;

              (c)   the modification of a design or a guarding device;

             (d)   the design and implementation of appropriate guarding devices.

(3)      If the controls implemented under subregulation (2) do not eliminate or minimise the risk, the person must take all reasonably practicable steps to apply administrative controls, including the introduction of safe working practices.

(4)      Until the controls implemented under subregulation (2) and the administrative controls (if any) applied under subregulation (3) eliminate or minimise the risk, the person must give employees and contractors appropriate personal protective equipment to use at work.

 

NOTE

Regulations 4.34 to 4.38 apply in addition to the requirements in regulation 4.33.

 

Access and egress

4.34.    (1)     A person who is required to control a risk relating to plant must take all reasonably practicable steps to ensure that there is sufficient access and egress to:

              (a)   parts of plant that require cleaning and maintenance; and

             (b)   the workstation of the operator of the plant.

              Penalty:  10 penalty units.

(2)      If:

              (a)   access to plant at work is required as part of its normal operation; and

             (b)   a person accessing the plant may be trapped and exposed to an increased risk caused by heat, cold or a lack of oxygen;

              the person who is required to control the risk must take all reasonably practicable steps to ensure that emergency lighting, safety doors and alarm systems are provided for use with the plant.

              Penalty:  10 penalty units.

Dangerous parts

4.35.    If a risk assessment identifies a risk of exposure to a dangerous part during:

              (a)   the operation of plant at work; or

             (b)   the examination of plant at work; or

              (c)   the lubrication of plant at work; or

             (d)   the adjustment of plant at work; or

              (e)   the maintenance of plant at work;

              the person who is required to control the risk must take all reasonably practicable steps to ensure that:

              (f)   the risk is eliminated; or

              (g)   if it is not reasonably practicable to eliminate the risk—the risk is minimised.

Guarding

4.36.    (1)     If guarding is used as a control measure in relation to plant at work, the person who is required to control the relevant risk must take all reasonably practicable steps to ensure that the guard provided for the plant is:

              (a)   if no person requires access to the area to be guarded during the normal operation, maintenance or cleaning of the plant—a permanently fixed physical barrier; or

             (b)   if a person requires access to the area to be guarded during the normal operation of the plant—an interlocked physical barrier; or


              (c)   if compliance with paragraph (a) or (b) is not practicable—a physical barrier that:

                          (i)   is securely fixed in position by a fastener or another suitable device; and

                         (ii)   ensures that the guard cannot be altered or detached without using a tool or a key; or

             (d)   if the provision of a barrier described in paragraph (a), (b) or (c) is not practicable—a presence sensing safeguarding system.

              Penalty:  10 penalty units.

(2)      A guard provided in accordance with subregulation (1) must be:

              (a)   designed in a manner that does not create a risk to the health and safety of a relevant person; and

             (b)   designed and constructed to make by-passing it or defeating it, deliberately or by accident, as difficult as is reasonably possible; and

              (c)   of solid construction; and

             (d)   securely mounted to enable it to resist impact and shock; and

              (e)   regularly maintained.

(3)      If:

              (a)   a part of plant used at work is designed to move at high speed; and

             (b)   either:

                          (i)   the part may break or disintegrate; or

                         (ii)   a workpiece may be ejected from the plant;

              a guard that is provided in accordance with subregulation (1) must be adequate to effectively contain the fragments or the workpiece.


(4)      If the risk of jamming or blockage of moving parts of plant at work cannot be eliminated, the person must take all reasonably practicable steps to ensure that:

              (a)   work procedures are implemented to ensure that the plant can be cleared in a manner that minimises the risk; and

             (b)   devices and tools are available for use by employees to ensure that the plant can be cleared in a manner that minimises the risk to the health and safety of the employees.

              Penalty:  10 penalty units.

Operational controls of plant

4.37.    (1)     A person who is required to control a risk relating to plant must take all reasonably practicable steps to ensure that the operational controls of the plant are:

              (a)   suitably identified on plant in a manner that shows the nature and function of the controls; and

             (b)   able to be readily and conveniently operated by each person operating the plant; and

              (c)   located or guarded in a manner that prevents the unintentional activation of the plant; and

             (d)   able to be locked in the ‘off’ position to enable the disconnection of all motive power and forces.

              Penalty:  10 penalty units.

(2)      If it is not reasonably practicable to eliminate the need for plant used at work to be operated while it is being maintained or cleaned, the person who is required to control a risk relating to the plant must take all reasonably practicable steps to ensure that the operational controls of the plant permit controlled operation of the plant.

              Penalty:  10 penalty units.


(3)      If:

              (a)   plant used at work is designed to be operated or attended by more than one person; and

             (b)   the plant is fitted with more than one operational control for this purpose;

              the person who is required to control a risk relating to the plant must take all reasonably practicable steps to ensure that the operational controls are of the kind commonly known as ‘stop and lock-off’, to ensure that the plant cannot be restarted, after a stop control has been used, unless each stop control is reset.

              Penalty:  10 penalty units.

Emergency stops and warning devices

4.38.    (1)     A person who is required to control a risk relating to plant must take all reasonably practicable steps to ensure that each emergency stop device of the plant:

              (a)   is prominent; and

             (b)   is clearly and durably marked; and

              (c)   is immediately accessible to each operator of the plant; and

             (d)   has handles, bars or push buttons that are coloured red; and

              (e)   is of a kind the operation of which cannot be affected by an electrical malfunction or the malfunction of an electronic circuit.

(2)      If a risk assessment identifies a need to have an emergency warning device fitted to plant, a person who is required to control a risk must take all reasonably practicable steps to ensure that the device is installed in a position that enables its purpose to be achieved easily and effectively.

Division 8—Licence to operate plant

Employing authority

4.39.    For the purposes of this Division, the relevant employing authority in relation to an employer is:

              (a)   for an employer that is a Commonwealth authority—the principal officer of the authority; and

             (b)   in any other case—the Secretary of the Department.

 

NOTES

1.  The effect of section 10 of the Act is that an employer is required to act through the employing authority.

2.  ‘Employing authority’ is defined in section 5 of the Act and in regulation 4 of the Occupational Health and Safety (Commonwealth Employment) Regulations.

 

Licence to operate certain plant

4.40.    (1)     If:

              (a)   plant is to be operated at work; and

             (b)   the plant:

                          (i)   is of a design required to be registered under regulation 4.49 or notified under regulation 4.50; or

                         (ii)   is of a kind referred to in column 2 of an item in Part 2 of Schedule 6;

              the employer must not use the plant at work, or allow the plant to be used, unless the employer is licensed to operate the plant.

              Penalty:  10 penalty units.

(2)      Subregulation (1) applies to an employer on and after 1 January 1997.

Application for a licence

4.41.    (1)     An employer that wishes to operate plant referred to in subregulation 4.40 (1) must apply to the Commission for a licence to operate the plant.

(2)      The application must:

              (a)   be in writing, using the form (if any) approved by the Commission; and

             (b)   include:

                          (i)   sufficient information to identify clearly the item or items of plant; and

                         (ii)   if the design of any of the plant requires registration under regulation 4.49—a notification of the design registration number of the plant; and

                       (iii)   a statement that each item of plant has been inspected by a competent person and is safe to operate.

Application for renewal of a licence

4.42.    If an employer to whom a licence is granted under paragraph 4.43 (1) (a) wishes to continue operating the plant to which the licence relates, the employer must apply for a renewal of the licence, using the form (if any) approved by the Commission, before the licence expires.

Grant and renewal of a licence

4.43.    (1)     On receipt of an application made under subregulation 4.41 (1) , the Commission may:

              (a)   grant a licence to the employer, in the name of the employing authority, that:

                          (i)   identifies the types of plant that the employing authority is licensed to operate; and

                         (ii)   identifies the employer who applied for the licence; and

                       (iii)   states the day on which the licence comes into force; and

                        (iv)   states that the licence is effective for a period of 4 years from the day on which the licence comes into force; and

                         (v)   sets out the conditions to which the licence is subject under subregulation 4.45 (1); and

                        (vi)   is accompanied by a notice stating the amount of the licence fee to be paid and stating that:

                                    (A)   half of the amount is payable no later than 14 days after the day on which the employer was given the notice; and

                                    (B)   the remaining half is payable on the second anniversary of the issue of the licence; or

             (b)   refuse to grant a licence; or

              (c)   ask the employer to give it additional information that is necessary to assist the Commission to decide whether or not to grant a licence to operate an item of plant.

(2)      On receipt of an application made under subregulation 4.42 (1), the Commission may:

              (a)   renew a licence granted to the licensee under subregulation (1) by giving the licensee a written notice that:

                          (i)   states the day on which the renewal of the licence comes into force; and

                         (ii)   states that the licence is effective for a period of 4 years from the day on which the licence is renewed; or

             (b)   refuse to renew a licence; or

              (c)   ask the employer to give it additional information that is necessary to assist the Commission to decide whether or not to renew a licence to operate an item of plant.

(3)      For the purposes of subparagraph (1) (a) (vi), the amount of the licence fee is the amount that the Commission estimates to be the cost of:

              (a)   registering the design of the plant under paragraph 4.52 (1) (a), if this is necessary; and

             (b)   issuing the licence to the employer; and

              (c)   monitoring the employer’s performance of its obligations under the licence.

(4)      If the Commission asks an employer to give the Commission information, it must not grant or renew, or refuse to grant or renew, the licence until it has received the information.

(5)      If the Commission refuses to grant or renew a licence, the Commission must give the applicant a written notice setting out the reasons for refusing to grant or renew the licence.

Commencement of a licence

4.44.    A licence granted under paragraph 4.43 (1) (a) comes into force on:

              (a)   the day on which it is granted; or

             (b)   a later date determined by the Commission and stated in the licence.

Conditions of a licence

4.45.   (1)     A licence to operate plant is subject to the following conditions:

              (a)   the employer to whom the licence is granted must comply with the requirements set out in this Division;

             (b)   the employer must ensure that evidence of the licence is displayed on or near the plant to which the licence relates;

              (c)   if the licence is renewed, the application for renewal must be accompanied by a statement, in writing, to the effect that each item of plant referred to in the licence has been maintained in a safe condition and is safe to operate;

             (d)   the employer must pay the fee set out in the notice under subparagraph 4.43 (1) (a) (vi) by the time stated in the notice.

(2)      An employer must not contravene a condition to which the licence is subject.

(3)      If an employer contravenes a condition to which the licence is subject, the Commission may, by written notice given to the relevant employing authority:

              (a)   cancel the licence; or

             (b)   suspend the licence for a period not exceeding 12 months; or

              (c)   vary the conditions of the licence.

(4)      The notice must include the reasons for the Commission’s decision.

Variation of a licence

4.46.    (1)     If:

              (a)   plant that an employer is licensed to operate is altered; or

             (b)   in the case of plant that is normally fixed in one location—the plant is relocated; or

              (c)   there is a change in the ownership of the plant; or

             (d)   the name of the employer is changed;

              the employer must, no later than 21 days after becoming aware of the alteration, relocation or change, apply to the Commission in writing, using the form (if any) approved by the Commission, for a variation of the licence relating to that plant.

              Penalty:  10 penalty units.

(2)      On receipt of an application made under subregulation (1), the Commission may:

              (a)   vary the licence to reflect the alteration, relocation or change; or

             (b)   refuse to vary the licence; or

              (c)   ask the employer to give the Commission additional information that is necessary to assist it to decide whether or not to vary the licence.

(3)      If the Commission asks the employer to give it information, the Commission must not vary, or refuse to vary, the licence until it has received the information.

(4)      If the Commission refuses to vary the licence, the Commission must give the relevant employing authority a written notice setting out the reasons for refusing to vary the licence.

Maintenance of plant

4.47.    (1)     An employer that is licensed to operate an item of plant specified in column 2 of an item in Part 2 of Schedule 6 (other than a tower crane) must carry out a maintenance inspection on the plant once a year.

(2)      An employer that is licensed to operate a tower crane must carry out a maintenance inspection on the tower crane:

              (a)   at least once every 3 years; and

             (b)   in addition to paragraph (a)—each time the tower crane is relocated.

Notification of maintenance

4.48.    (1)     An employer that is required to carry out a maintenance inspection on an item of plant under regulation 4.47 must give the Commission information about the maintenance of the plant as soon as practicable after the inspection is completed.

(2)      The information:

              (a)   must be given using the form (if any) approved by the Commission; and

             (b)   must include:

                          (i)   the licence number of the employer’s licence; and

                         (ii)   a statement to the effect that each item of plant referred to in the licence has been maintained in a safe condition and is safe to operate.


Certain plant design to be registered

4.49.    (1)     Subject to subregulation (2), an employer must not:

              (a)   use plant that is specified in column 2 of an item in Part 1 of Schedule 6; or

             (b)   allow employees at work to use plant that is specified in column 2 of an item in Part 1 of Schedule 6;

              unless the plant has a current design registration number issued by the Commission under this Division.

              Penalty:  10 penalty units.

(2)      Subregulation (1) applies to an employer on and after 1 January 1997.

Notification of plant design

4.50.    If an employer has registered a plant design with an authority administering a law of a State or Territory that corresponds to the Act or these Regulations, the employer must notify the Commission of that registration, using the form (if any) approved by the Commission.

              Penalty:  5 penalty units.

Application for registration

4.51.    (1)     An employer may apply to the Commission, in the name of the relevant employing authority, for the registration of the design of plant that is specified in column 2 of an item in Part 1 of Schedule 6.

(2)      The employer is not required to apply to the Commission if the plant design has been registered by a person administering a law of a State or Territory that corresponds to the Act or these Regulations.


(3)      The application must:

              (a)   be in writing, using the form (if any) approved by the Commission; and

             (b)   include a representational drawing of the plant design; and

              (c)   include a statement, signed by or for the manufacturer of the plant, to the effect that the design of the plant complies with the provisions of this Part, relating to the design of plant, that apply to manufacturers of plant; and

             (d)   include a statement, signed by a design verifier:

                          (i)   to the effect that the design of the plant has been verified in accordance with subregulation (3); and

                         (ii)   that sets out the name, business address and qualifications of the design verifier; and

                       (iii)   if the design verifier is employed by a person—that sets out the name, business address and qualifications of the employer of the design verifier.

(4)      An employer that wishes to apply to the Commission for registration of a plant design must ensure that:

              (a)   for pressure equipment—the design of the equipment has been verified in accordance with AS 3920 Part 1 (‘Pressure Equipment Manufacture—Assurance of Product Quality’); and

             (b)   for other plant—the design of the plant has been verified by a design verifier as complying with each standard, specified in column 2 of an item in Schedule 5, that applies to the plant.

(5)      For the purposes of this regulation, a design verifier is a competent person who:

              (a)   is responsible for advising a person whether the design of plant complies with the provisions of this Part; and

             (b)   is not a person who has had any involvement in the design of the plant; and


              (c)   is not employed or engaged by the employer who owns the plant, unless the employer uses a quality system, to undertake the design of items of plant, that has been certified by a body accredited or approved by the Joint Accreditation System of Australia and New Zealand (also known as ‘JAS—ANZ’).

Registration of plant design

4.52.    (1)     On receipt of an application for the registration of a plant design, the Commission may:

              (a)   register the design; or

             (b)   refuse to register the design; or

              (c)   ask the employer to give it, through the relevant employing authority, any of the following information:

                          (i)   detailed drawings of the plant design;

                         (ii)   calculations made for the purposes of the design;

                       (iii)   details of operating instructions;

                        (iv)   diagrams of the control systems associated with the plant, including the sequence for operating the controls;

                         (v)   details of maintenance requirements for the plant;

                        (vi)   a statement of limitations of the use of the plant.

(2)      If the Commission registers a plant design, it must:

              (a)   give the employer a written notice stating that the Commission has registered the design; and

             (b)   set out, in writing at the time of registration, the conditions to which the registration is subject, including any variations to an existing licence to operate certain plant; and

              (c)   give the employer, as soon as practicable after registering the design:

                          (i)   a copy of the conditions to which the registration is subject; and

                         (ii)   a design registration number for the design.

(3)      If the Commission refuses to register a design, the Commission must give the employer a written notice setting out the reasons for the refusal.

(4)      If the Commission asks an employer under paragraph (1) (c) to give it information, the Commission must not register, or refuse to register, the plant design until it has received the information.

Conditions for registration of plant design

4.53.    (1)     The registration of the design of plant is subject to the following conditions:

              (a)   the employer must comply with the requirements of this Division;

             (b)   the employer must ensure that evidence of the design registration is displayed on or near the plant to which the design registration relates;

              (c)   the employer must give the design registration number referred to in subparagraph 4.52 (2) (c) (ii) to any person who deals with the employer in relation to the plant;

             (d)   any other conditions determined by the Commission, and set out in the registration, for the purpose of:

                          (i)   protecting the health and safety of relevant persons; or

                         (ii)   assisting the administration of this Division.

(2)      The employer must not contravene a condition to which the registration is subject.

(3)      If the employer contravenes a condition to which the registration is subject, the Commission may, by written notice given to the relevant employing authority, vary the conditions of the design registration given to the employing authority.

(4)      A notice under subregulation (3) must include the reasons for the Commission’s decision.

Alteration of plant design

4.54.    (1)     Subject to subregulation (2), if:

              (a)   the Commission registers the design of plant; and

             (b)   the design is subsequently altered by an employer in control of that plant;

              the employer must not use, or allow employees at work to use, the plant unless the employer has notified the design of the plant, as altered, to the Commission.

              Penalty:  10 penalty units.

(2)      An employer is not required to comply with subregulation (1) if the alteration has been registered by a person administering a law of a State or Territory that corresponds to the Act or these Regulations.

Exemption—Department of Defence and the Australian Defence Force

4.55.    If the Department of Defence and the Australian Defence Force are granted a special licence under paragraph 4.58 (1) (a), regulations 4.41 to 4.54 (inclusive) do not apply to the Department or to the Australian Defence Force.

Application for a special licence

4.56.    (1)     If the Department of Defence and the Australian Defence Force wish to operate, jointly, plant listed in column 2 of an item in Part 2 of Schedule 6:

              (a)   the Department and the Australian Defence Force may each apply for a licence; and

             (b)   the Department and the Australian Defence Force must consult with the involved unions of their employees before applying to the Commission for a licence to operate the plant.


(2)      The application must:

              (a)   be in writing, using the form (if any) approved by the Commission; and

             (b)   include:

                          (i)   a list of each type of plant to be licensed; and

                         (ii)   the number of each type of plant to be licensed.

Application for renewal of a special licence

4.57.    (1)     If the joint licensees to whom a special licence is granted under paragraph 4.58 (1) (a) wish to continue operating the plant to which the special licence relates, each of the joint licensees must apply for a renewal of the special licence, using the form (if any) approved by the Commission, before the special licence expires.

(2)      If the joint licensees do not apply for a renewal of the special licence, each of the joint licensees must apply for a licence under regulation 4.41 in order to operate plant referred to in subregulation 4.40 (1).

Grant and renewal of a special licence

4.58.    (1)     On receipt of an application made under subregulation 4.56 (1), the Commission may:

              (a)   grant a licence (‘the special licence’) to the Department of Defence and the Australian Defence Force, in the names of the Secretary of the Department of Defence and the Chief of the Defence Force (‘the joint licensees’), that:

                          (i)   identifies the types of plant that the joint licensees are licensed to operate; and

                         (ii)   states that the special licence applies only to the Department and the Australian Defence Force; and

                       (iii)   states the day on which the special licence comes into force; and


                        (iv)   states that the special licence is effective for a period of 4 years from the day on which the licence comes into force; and

                         (v)   sets out the conditions to which the special licence is subject under regulation 4.60; and

                        (vi)   is accompanied by a notice stating the amount of the special licence fee to be paid and stating that:

                                    (A)   half of the amount is payable no later than 14 days after the day on which the Department and the Australian Defence Force were given the notice; and

                                    (B)   the remaining half is payable on the second anniversary of the issue of the special licence; or

             (b)   refuse to grant a special licence; or

              (c)   ask the employing authority in relation to the Department, or in relation to the Australian Defence Force, to give it additional information that is necessary to assist the Commission to decide whether or not to grant a special licence to operate plant.

(2)      On receipt of an application made under subregulation 4.57 (1), the Commission may:

              (a)   renew a special licence granted to the joint licensees under subregulation (1) by giving the joint licensees a written notice that:

                          (i)   states the day on which the renewal of the special licence comes into force; and

                         (ii)   states that the special licence is effective for a period of 4 years from the day on which the licence is renewed; or

             (b)   refuse to renew a special licence; or

              (c)   ask the employing authority in relation to the Department, or in relation to the Australian Defence Force, to give it additional information that is necessary to assist the Commission to decide whether or not to renew a special licence to operate plant.

(3)      For the purposes of subparagraph (1) (a) (vi), the amount of the special licence fee is the amount that the Commission estimates to be the cost of:

              (a)   issuing the special licence; and

             (b)   monitoring the performance of the Department’s, and the Australian Defence Force’s, obligations under the special licence.

(4)      If the Commission asks the employing authority in relation to the Department, or in relation to the Australian Defence Force, to give it information, the Commission must not grant or renew, or refuse to grant or renew, the special licence until it has received the information.

(5)      If the Commission refuses to grant or renew a special licence, the Commission must give the employing authority in relation to the Department and in relation to the Australian Defence Force a written notice setting out the reasons for refusing to grant or renew the licence.

(6)      If an employing authority receives a notice from the Commission under subregulation (5), he or she may:

              (a)   apply again for a special licence or for renewal of a special licence; or

             (b)   apply for a licence under subregulation 4.41 (1).

Commencement of a special licence

4.59.    A special licence granted under paragraph 4.58 (1) (a) comes into force on:

              (a)   the day on which it is granted; or

             (b)   a later date determined by the Commission and stated in the special licence.


Conditions of a special licence

4.60.    (1)     A special licence granted under paragraph 4.58 (1) (a) to operate plant under the control of the Department of Defence and the Australian Defence Force is subject to the following conditions:

              (a)   the Department and the Australian Defence Force must carry out a maintenance inspection on plant to which the special licence relates once a year;

             (b)   the Department and the Australian Defence Force must keep a record of maintenance inspections carried out on plant to which the special licence relates, including a statement to the effect that each item of plant has been maintained in a safe condition and is safe to operate;

              (c)   the Department and the Australian Defence Force must establish and maintain a system for registering plant designs that is consistent with the procedure for registration in regulations 4.49, 4.50, 4.51, 4.52, 4.53 and 4.54;

             (d)   the Department and the Australian Defence Force must keep a register recording how each item of plant to which the special licence relates is used;

              (e)   the system of registration of plant design established under paragraph (c) must be audited by the Department and the Australian Defence Force from time to time;

              (f)   the system of registration of plant design established under paragraph (c) may be audited by the Commission at a time agreed by Commission, the Department and the Australian Defence Force;

              (g)   if the special licence is renewed, the application for renewal must include the list of plant controlled by the Department and the Australian Defence Force at the time of renewal;

             (h)   the Department and the Australian Defence Force must pay the fee set out in the notice under subparagraph 4.58 (1) (a) (vi) by the times stated in the notice.

(2)      The joint licensees must not contravene a condition to which the special licence is subject.

(3)      If the Department or the Australian Defence Force contravenes a condition to which the special licence is subject, the Commission may, by written notice given to each joint licensee:

              (a)   cancel the special licence; or

             (b)   suspend the special licence for a period not exceeding 12 months; or

              (c)   vary the conditions of the special licence.

Cancellation or suspension of a special licence

4.61.    If the Commission cancels or suspends a special licence, each of the joint licensees must apply for a licence under regulation 4.41 in order to operate plant referred to in subregulation 4.40 (1).

Variation of a special licence

4.62.    (1)     If:

              (a)   plant that the Department of Defence and the Australian Defence Force is licensed to operate is altered; or

             (b)   in the case of plant that is normally fixed in one position—the plant is relocated; or

              (c)   there is a change in the ownership of the plant; or

             (d)   the name of the Department of Defence or the Australian Defence Force is changed;

              each of the joint licensees must, no later than 21 days after becoming aware of the alteration, relocation or change, apply to the Commission in writing, using the form (if any) approved by the Commission, for a variation of the special licence.

(2)      On receipt of an application made under subregulation (1), the Commission may:

              (a)   vary the special licence to reflect the alteration, relocation or change; or

             (b)   refuse to vary the special licence; or


              (c)   ask the employing authority in relation to the Department, or in relation to the Australian Defence Force, to give it additional information that is necessary to assist the Commission to decide whether or not to vary the special licence.

(3)      If the Commission asks the employing authority in relation to the Department or in relation to the Australian Defence Force to give it information, the Commission must not vary, or refuse to vary, the special licence until it has received the information.

(4)      If the Commission refuses to vary the licence, the Commission must give each joint licensee a written notice setting out the reasons for refusing to vary the licence.

Division 9—Review of decisions

Review of decisions

4.63.    Application under the Administrative Appeals Tribunal Act 1975 may be made to the Administrative Appeals Tribunal for review of the following decisions of the Commission:

              (a)   a decision under paragraph 4.43 (1) (b) to refuse to grant or renew a licence;

             (b)   a decision under subregulation 4.45 (3) to cancel, suspend or vary a licence;

              (c)   a decision under paragraph 4.46 (2) (b) to refuse to vary a licence;

             (d)   a decision under paragraph 4.52 (1) (b) to refuse to register a plant design;

              (e)   a decision under subregulation 4.53 (3) to vary the conditions of a licence as a consequence of a breach of a condition of a design registration.

Division 10—Miscellaneous

Annual report of the Commission

4.64.    The Commission must include in its annual report to the Minister, under section 75 of the Act, particulars of any licence granted by the Commission under Division 8 during the financial year to which the annual report relates.

Record-keeping by the Commission

4.65.    In relation to the exercise of the Commission’s powers under Division 8, the Commission must keep records of:

              (a)   applications made for the grant of licences; and

             (b)   refusals of applications; and

              (c)   licences granted; and

             (d)   conditions to which licences are subject; and

              (e)   expiration of licences; and

              (f)   suspension of licences; and

              (g)   cancellation of licences.”.

4.   Regulation 10.01 (Interpretation)

4.1   Subregulation 10.01 (1):

Insert the following definitions:

              “ ‘amusement structure’ means a structure or a device:

              (a) that is operated for hire or reward; and

              (b) that is used, or designed to be used, for amusement, recreation, sport, sightseeing or entertainment; and

              (c) on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device; and


              (d) that is either:

                        (i)    an arrangement of structural or mechanical elements, or both, that has as its prime function the provision of movement of a passenger in a controlled manner so that the passenger is not necessarily required to move himself or herself to obtain the desired effect (called an ‘amusement ride’); or

                       (ii)    an arrangement or equipment through which, or on which, a rider moves and for which the desired effect is achieved primarily by the rider’s self-powered motion, or by another process that is not referred to in the description of an amusement ride (called an ‘amusement device’);

              ‘boiler’:

              (a) means a vessel, or an arrangement of vessels, and interconnecting parts, in which:

                        (i)    steam or other vapour is generated; or

                       (ii)    water or other liquid is heated at a pressure greater than atmospheric pressure;

                   by the use of fire, the products of combustion, electrical power or other similar means; and

              (b) includes a superheater, reheater, economiser, boiler piping support, mounting, valve, gauge, fitting, control, setting or other equipment directly associated with a boiler; and

              (c) does not include a fully flooded or pressurised system where water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid;

              ‘bracket scaffold’ means a scaffold the platform of which is carried on frames that are attached to, or supported by, permanent or temporary construction;

              ‘bridge crane’ means a crane:

              (a) comprising a bridge beam mounted at each end to an end carriage; and

              (b) capable of travelling along elevated runways; and

              (c) having one or more hoisting mechanisms arranged to  traverse the bridge;

              ‘building’ includes part of a building or a building under construction;

              ‘building maintenance equipment’:

              (a) means a suspended platform and associated equipment which incorporates permanently installed overhead supports to provide access to any face or other similar surface of a building for maintenance purposes; and

              (b) includes a building maintenance unit and a swing stage; and

              (c) does not include a suspended scaffold;

              ‘building maintenance unit’ means a power-operated suspended platform and associated equipment which is:

              (a) permanently installed on a building; and

              (b) specifically designed to provide access to any face of the building for maintenance purposes;

              ‘cantilevered scaffold’ (other than a bracket scaffold) that is supported by cantilevered load-bearing members;

              ‘commissioning’, in relation to plant, means performing the necessary adjustments, tests and inspections to ensure that the plant is in full working order to specified requirements before the plant is used, and includes re-commissioning;

              ‘concrete placing unit (truck-mounted with boom)’ means plant that:

              (a) is used to place concrete by way of pumping concrete through a pipeline attached to or forming part of the boom; and

              (b) is capable of travelling over a supporting surface without the need for fixed runways (including railway tracks); and


              (c) relies on gravity for stability, that is, with no vertical restraining connection between itself and the supporting surface and no horizontal restraining connection (other than frictional forces at supporting surface level) that may act as an aid to stability;

              ‘conveyor’:

              (a) means an apparatus or equipment worked by a form of power, other than human power, by means of which a load may be raised, lowered, transported or continuously driven by:

                        (i)    an endless belt, rope, chain or similar means; or

                       (ii)    buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means; or

                      (iii)    a rotating screw; or

                      (iv)    a vibration or walking beam; or

                       (v)    a powered roller conveyor where the rolls are driven by an endless belt, rope, chain or similar means; and

              (b) includes the supporting structure, auxiliary equipment and gear used in connection with the apparatus or equipment;

              ‘crane’ means an appliance by means of which a load may be raised, lowered or moved horizontally, including the supporting structure and foundations of an appliance of that kind, but does not include the following:

              (a)   an industrial lift truck;

             (b)   earthmoving machinery;

              (c)   an amusement structure;

             (d)   a tractor;

              (e)   an industrial robot;

              (f)   a conveyor;

              (g)   building maintenance equipment;


              ‘direct-fired process heater’ means an arrangement of tubes comprising one or more coils located in the radiant zone, convection zone, or both, of a combustion chamber, the prime purpose of which is to raise the temperature of a process fluid (being liquid, gas or a combination of both), which is circulated through the coils, to allow:

              (a) the distillation, fractionation or reaction of the process fluid; or

              (b) the occurrence of another petrochemical process in relation to the process fluid;

              ‘earthmoving machinery’:

              (a) means an operator-controlled item of plant used to excavate, load, transport, spread or compact earth, overburden, rubble, spoil, aggregate or similar material; and

              (b) does not include a tractor or an industrial lift truck;

              ‘electrical installation’ means:

              (a) electrical wiring; and

              (b) accessories; and

              (c) fittings; and

              (d) consuming devices; and

              (e) control and protective gear; and

              (f) other equipment;

              that is associated with an object situated in or on a workplace or a place at which employees are at work;

              ‘electrical plant’ means plant that consumes, converts or generates electricity;

              ‘elevating work platform’ means a telescoping device, scissor device or articulating device (or a combination of 2 or more of those devices) used to move people, equipment and material to and from a work location above the device’s support structure;

              ‘erector’ means a person who erects or installs plant in a workplace;

              ‘ergonomic’ means the factors that maximise the functioning of plant, or a system of work associated with  plant, by adapting the plant or system to human capacity or need;

              ‘fault’ means:

              (a) a break or defect that may cause an object to present an increased risk to health and safety; or

              (b) an aspect of the design of an object that may cause the object to be a risk to health and safety if it is manufactured in accordance with the design;

              ‘fired heater’ means a pressure vessel in which:

              (a)   a liquid is heated below its normal atmospheric boiling temperature; or

             (b)   a process fluid is heated, in tubes, above or below its normal atmospheric boiling temperature;

              by the application of fire, the products of combustion, electric power or similar high temperature means;

              ‘gantry crane’ means a crane:

              (a) comprised of a bridge beam, supported at each end by legs mounted on end carriages; and

              (b) that is capable of travelling on supporting surfaces or deck levels, whether fixed or not; and

              (c) that has a crab with one or more hoisting units arranged to travel across the bridge;

              ‘gas cylinder’ means an individual rigid pressure vessel:

              (a) of a water capacity that does not exceed 3,000 litres; and

              (b) that does not have openings or integral attachments on its shell, other than at the ends; and

              (c) that is designed for the storage or transport of gas under pressure; and

              (d) that is referred to in AS 2030 (‘SAA Gas Cylinders Code’);

              ‘guard’ means a device that prevents or reduces access to a danger point or area;

              ‘hazard’ means the potential to cause injury or illness;

              ‘hoist’ means an appliance (other than building maintenance equipment) by means of which a load may be raised or lowered, such as:

              (a) an elevating work platform; or

              (b) a mast climbing platform; or

              (c) a people or materials hoist; or

              (d) a scaffolding hoist; or

              (e) a serial hoist;

              ‘hung scaffold’ means a scaffold which:

              (a) is hung from another structure; and

              (b) is not capable of being raised or lowered when in use;

              ‘industrial lift truck’:

              (a) means powered mobile plant, designed to move goods, material or equipment, that:

                        (i)    is equipped with an elevating load carriage; and

                       (ii)    is normally equipped with a load-holding attachment; and

              (b) does not include a mobile crane or earthmoving machinery;

              ‘industrial robot’:

              (a) means a multifunctional manipulator that is capable of handling material, parts, tools or specialised devices through variable programmed motions for the performance of a variety of tasks; and

              (b) includes the device used to control the manipulator;

              ‘installer’ means a person who installs plant in a workplace;

              ‘interlocked’, in relation to plant, means the connection between a guard or machine element and the control system, or the power system, of the plant that:

              (a) allows access to the moving parts of the plant at the times when those parts are not moving; and

              (b) prevents moving parts from starting up or operating when access is available to those moving parts;

              ‘laser’:

              (a) means any device that can produce or amplify electromagnetic radiation in the wave length range from 100 nanometers to 1 millimetre by the process of controlled stimulated emission; and

              (b) does not include:

                        (i)    an electric light globe; or

                       (ii)    a fluorescent light tube; or

                      (iii)    an electric radiator used for heating; or

                      (iv)    radio or video communication equipment; or

                       (v)    a domestic cooking appliance that uses high-powered lamps; or

                      (vi)    a navigation or search light;

              ‘laser product’ means any product or assembly of components that constitutes, incorporates, or is intended to incorporate, a laser;

              ‘mast climbing work platform’ means a hoist having a working platform used for temporary purposes to raise personnel and materials to the working position by means of a drive system mounted to an extendable mast;

              ‘minimise’ means to reduce to the lowest practicable level;

              ‘mobile crane’ means a crane:

              (a) capable of travelling over a supporting surface without the need for fixed runways (including railway tracks); and

              (b) that relies only on gravity for stability, having no vertical restraining connection between itself and the supporting surface and no horizontal restraining connection (other than frictional forces at supporting-surface level) which may act as an aid to stability;

              ‘operator protective device’ includes:

              (a) a roll-over protective structure; and

              (b) a falling object protective structure; and

              (c) an operator restraining device; and

              (d) a seat belt;

              ‘prefabricated scaffolding’ means an integrated system of prefabricated components manufactured in such a way that the geometry of assembled scaffolds is pre-determined;

              ‘presence sensing safeguarding system’ includes:

              (a) a sensing system that employs one or more forms of radiation that are self-generated or otherwise generated by pressure; and

              (b) an interface between the final switching devices of a sensing system and a primary control element; and

              (c) the capability to stop a machine, by which the presence of a person in the sensing field will cause the dangerous parts of a machine to be brought to a safe state;

              ‘pressures’ expressed are gauge pressures relative to atmospheric pressure, unless otherwise identified;

              ‘pressure equipment’ means:

              (a) a boiler; or

              (b) a pressure vessel; or

              (c) pressure piping;

              ‘pressure piping’:

              (a) means an assembly (other than a boiler or a pressure vessel) consisting of pipes, pipe fittings, valves and pipe accessories that are:

                        (i)    subject to internal or external pressure; and

                       (ii)    used to contain or convey fluid, or to transmit fluid pressure; and

              (b) includes a distribution header, bolting, gasket, pipe support or pressure retaining accessory;

              ‘pressure vessel’:

              (a) means a vessel (other than a boiler) that is subject to internal or external pressure greater than atmospheric pressure; and


              (b) includes:

                        (i)    any interconnected part, component, valve, gauge or other fitting up to the first point of connection of piping; and

                       (ii)    a fired heater; and

                      (iii)    a gas cylinder;

              ‘repair’:

              (a) means the restoration of plant to an operating condition; and

              (b) does not include routine maintenance, replacement or alteration;

              ‘risk’ means the probability and consequences of occurrence of injury or illness;

              ‘scaffold’ means a temporary structure specifically erected to support one or more access or working platforms;

              ‘scaffolding equipment’ means any component, assembly or machine used or intended to be used in the construction of a scaffold;

              ‘spur scaffold’ means a scaffold which is partially supported by inclined load bearing members;

              ‘structure’ includes a part of a structure;

              ‘suspended scaffold’:

              (a) means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use; and

              (b) includes a boatswain’s chair;

              ‘tower crane’ means a boom or jib crane mounted on a tower structure;


              ‘tractor’ means a motor vehicle, whether wheeled or track mounted (other than earthmoving equipment), that is designed to provide power and movement to an attached machine or implement by a transmission shaft, belt or linkage system;

              ‘vehicle hoist’ means a vehicle-hoisting device the purpose of which is to provide accessibility for convenient under-chassis examination or service;

              ‘work box’ means a personnel carrying device that is:

              (a) designed to be suspended from a crane; and

              (b) intended to provide a working area for an person elevated by and working from the box;

              ‘workpiece’, in relation to plant:

              (a) means material, offcut or scrap (in any form):

                        (i)    on which the plant performs work; or

                       (ii)    produced by the plant; and

              (b) does not include a load being lifted or moved by the plant.”.


5.   New Schedules 5 and 6

5.1   Add at the end of the Regulations:

                                              “SCHEDULE 5         Paragraphs  4.05 (2) (d)

                                                                                               and 4.51 (4) (b)

PLANT STANDARDS

 

Australian Standard

Title

AS  1200

Boilers and Pressure Vessels (known as ‘SAA Boiler Code’)

AS  1418

Cranes (including Hoists and Winches) (known as ‘SAA Crane Code’)

AS  1576

Scaffolding

AS  2030

SAA Gas Cylinders Code

AS  3509

LP (liquefied petroleum) Gas Fuel Vessels for Automotive Use

AS  3533

Amusement Rides and Devices

AS  3920  Part 1

 

Pressure Equipment Manufacture—Assurance of Product Quality (ME/1/21 Standard)

______________


SCHEDULE 6          Paragraph 4.19 (2) (a),                                             
subregulations 4.40 (1), 4.47 (1),   

4.49 (1), 4.51 (1)and  4.56 (1)

ITEMS OF PLANT

PART 1—PLANT REQUIRING REGISTRATION OR NOTIFICATION OF DESIGN

 

Item No.

Description of plant

1

Pressure equipment, other than pressure piping, that have a hazard level of A, B, C or D, determined in accordance with AS 3920, Part 1 (‘Pressure Equipment Manufacture—Assurance of Product Quality (ME/1/21 Standard) AMBSC’)

2

Gas cylinders covered by AS  2030

3

Tower cranes1

4

Building maintenance units

5

Hoists, with a platform movement in excess of 2.4 metres, designed to lift people1

6

Work boxes suspended from cranes

7

Amusement structures covered by AS 3533 (‘Amusement Rides and Devices’), other than class 1 structures

8

Prefabricated scaffolding

9

Boom-type elevating work platforms


SCHEDULE 6—continued

 

Item No.

Description of plant

10

Gantry cranes1:

              (a)   with a safe working load greater than 5 tonnes; or

             (b)   designed to handle molten metal or dangerous goods2

11

Bridge cranes1:

              (a)   with a safe working load of 10 tonnes; or

             (b)   designed to handle molten metal or dangerous goods2

12

Vehicle hoists1

13

Mast climbing work platforms1

14

Mobile cranes with a safe working load greater than 10 tonnes1

______________


SCHEDULE 6—continued

PART 2—PLANT REQUIRING A LICENCE

 

Item No.

Description of plant

1

Boilers that have a hazard level of A, B, C or D determined in accordance with AS  3920, Part 1 (‘Pressure Equipment Manufacture—Assurance of Product Quality (ME/1/21 Standard) AMBSC’)

2

Pressure vessels that have a hazard level of A, B or C, determined in accordance with AS 3920, Part 1 (‘Pressure Equipment Manufacture—Assurance of Product Quality (ME/1/21 Standard) AMBSC’) other than:

              (a)   gas cylinders referred to in AS 2030 (‘SAA Gas Cylinders Code’); and

             (b)   LP gas fuel vessels for automotive use referred to in AS 3509 (‘LP (liquefied petroleum) Gas Fuel Vessels for Automotive Use’); and

              (c)   serially produced pressure vessels referred to in AS 2971

3

Tower cranes1

4

Building maintenance units

5

Amusement structures covered by AS 3533 (‘Amusement Rides and Devices’), other than class 1 structures

6

Truck-mounted concrete placing units with booms1

7

Mobile cranes with a safe working load greater than 10 tonnes1

 


SCHEDULE 6—continued

NOTES:

1.      For the purposes of licensing, cranes and hoists in Schedule 6 exclude those that are manually powered, elevating work platforms or tow trucks.

2.__ ‘Dangerous goods’ means dangerous goods as defined in the Australian Code for the Transport of Dangerous Goods by Road and Rail, 5th Edition, published by the Federal Office of Road Safety in September 1992.”.

____________________________________________________________

NOTES

1.   Notified in the Commonwealth of Australia Gazette on 28 June 1996.

2.   Statutory Rules 1994 No. 414 as amended by 1995 Nos. 53, 98 and 337.