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Work Health and Safety Regulations 2011

Authoritative Version
  • - F2011L02664
  • In force - Superseded Version
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SLI 2011 No. 262 Regulations as made
These Regulations implement the model Work Health and Safety Regulations in the Commonwealth jurisdiction and form part of a system of nationally harmonised occupational health and safety laws. The Regulations will apply to the Commonwealth, public authorities and, for a transitional period, non-Commonwealth licensees.
Administered by: Employment
General Comments: The following codes of practice contained in this instrument are revoked by the Work Health and Safety Codes of Practice 2012 with effect from 19 December 2012: Part 2 (First Aid), Part 21 (Spray Painting), Part 22 (Abrasive Blasting) and Part 24 (Falls in Construction).
Made 07 Dec 2011
Registered 14 Dec 2011
Tabled HR 07 Feb 2012
Tabled Senate 07 Feb 2012
Table of contents.
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Collapse Chapter 1 Preliminary
Chapter 1 Preliminary
Collapse Part 1.1 Introductory matters
Part 1.1 Introductory matters
1 Name of Regulations
2 Commencement
3 Authorising provisions
5 Definitions
6 Determination of safety management system
6A Meaning of corresponding WHS law
6B Meaning of court
6C Meaning of public authority
7 Meaning of person conducting a business or undertaking — persons excluded
8 Meaning of supply
9 Provisions linked to health and safety duties in Act
Expand Part 1.2 Application
Part 1.2 Application
Expand Part 1.3 Incorporated documents
Part 1.3 Incorporated documents
Expand Chapter 2 Representation and participation
Chapter 2 Representation and participation
Expand Chapter 3 General risk and workplace management
Chapter 3 General risk and workplace management
Expand Chapter 4 Hazardous work
Chapter 4 Hazardous work
Expand Chapter 5 Plant and structures
Chapter 5 Plant and structures
Expand Chapter 6 Construction work
Chapter 6 Construction work
Expand Chapter 7 Hazardous chemicals
Chapter 7 Hazardous chemicals
Expand Chapter 8 Asbestos
Chapter 8 Asbestos
Expand Chapter 9 Major hazard facilities
Chapter 9 Major hazard facilities
Chapter 10 Mines
Expand Chapter 11 General
Chapter 11 General
Expand Chapter 12 Transitional and saving provisions
Chapter 12 Transitional and saving provisions

Description: Commonwealth Coat of Arms

Work Health and Safety Regulations 20111

Select Legislative Instrument 2011 No. 262

I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Work Health and Safety Act 2011 and the Work Health and Safety (Transitional and Consequential Provisions) Act 2011.

Dated 7 December 2011

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

CHRIS EVANS


Contents

Chapter 1                Preliminary

Part 1.1                      Introductory matters

                        1      Name of Regulations                                                     33

                        2      Commencement                                                            33

                        3      Authorising provisions                                                   33

                        5      Definitions                                                                    33

                        6      Determination of safety management system                 65

                      6A      Meaning of corresponding WHS law                                65

                      6B      Meaning of court                                                           67

                      6C      Meaning of public authority                                            67

                        7      Meaning of person conducting a business or undertaking — persons excluded           68

                        8      Meaning of supply                                                         69

                        9      Provisions linked to health and safety duties in Act         69

Part 1.2                      Application

                       11      Application of these Regulations                                    70

                       12      Assessment of risk in relation to a class of hazards, tasks, circumstances or things  70

Part 1.3                      Incorporated documents

                       13      Documents incorporated as in force when incorporated  71

                       14      Inconsistencies between provisions                                71

                       15      References to standards                                                71

Chapter 2                Representation and participation

Part 2.1                      Representation

Division 1                    Work groups

                       16      Negotiations for and determination of work groups         72

                       17      Matters to be taken into account in negotiations             72

Division 2                    Health and safety representatives

                       18      Procedures for election of health and safety representatives            73

                       19      Person conducting business or undertaking must not delay election 74

                       20      Removal of health and safety representatives                 74

                       21      Training for health and safety representatives                 75

Part 2.2                      Issue Resolution

                       22      Agreed procedure — minimum requirements                   76

                       23      Default procedure                                                         76

Part 2.3                      Cessation of Unsafe Work

                       24      Continuity of engagement of worker                               78

Part 2.4                      Workplace Entry by WHS Entry Permit Holders

                       25      Training requirements for WHS entry permits                   79

                       26      Form of WHS entry permit                                             80

                       27      Notice of entry — general                                              80

                       28      Additional requirements — entry under section 117         81

                       29      Additional requirements — entry under section 120         81

                       30      Additional requirements — entry under section 121         82

                       31      Register of WHS entry permit holders                             82

Chapter 3                General risk and workplace management

Part 3.1                      Managing risks to health and safety

                       32      Application of Part 3.1                                                   83

                       33      Specific requirements must be complied with                 83

                       34      Duty to identify hazards                                                 83

                       35      Managing risks to health and safety                               83

                       36      Hierarchy of control measures                                        84

                       37      Maintenance of control measures                                   84

                       38      Review of control measures                                           85

Part 3.2                      General Workplace Management

Division 1                    Information, training and instruction

                       39      Provision of information, training and instruction             86

Division 2                    General working environment

                       40      Duty in relation to general workplace facilities                 87

                       41      Duty to provide and maintain adequate and accessible facilities       88

Division 3                    First aid

                       42      Duty to provide first aid                                                 89

Division 4                    Emergency plans

                       43      Duty to prepare, maintain and implement emergency plan 90

Division 5                    Personal protective equipment

                       44      Provision to workers and use of personal protective equipment        91

                       45      Personal protective equipment used by other persons    93

                       46      Duties of worker                                                            93

                       47      Duty of person other than worker                                   94

Division 6                    Remote or isolated work

                       48      Remote or isolated work                                                94

Division 7                    Managing risks from airborne contaminants

                       49      Ensuring exposure standards for substances and mixtures not exceeded     95

                       50      Monitoring airborne contaminant levels                           96

Division 8                    Hazardous atmospheres

                       51      Managing risks to health and safety                               97

                       52      Ignition sources                                                             97

Division 9                    Storage of flammable or combustible substances

                       53      Flammable and combustible material not to be accumulated 98

Division 10                  Falling objects

                       54      Management of risk of falling objects                            98

                       55      Minimising risk associated with falling objects                98

Chapter 4                Hazardous work

Part 4.1                      Noise

                       56      Meaning of exposure standard for noise                       100

                       57      Managing risk of hearing loss from noise                     100

                       58      Audiometric testing                                                      101

                       59      Duties of designers, manufacturers, importers and suppliers of plant            101

Part 4.2                      Hazardous Manual Tasks

                       60      Managing risks to health and safety                             104

                       61      Duties of designers, manufacturers, importers and suppliers of plant or structures    104

Part 4.3                      Confined Spaces

Division 1                    Preliminary

                       62      Confined spaces to which this Part applies                   108

                       63      Application to emergency service workers                    108

Division 2                    Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure

                       64      Duty to eliminate or minimise risk                                 108

Division 3                    Duties of person conducting business or undertaking

                       65      Entry into confined space must comply with this Division 109

                       66      Managing risks to health and safety                             110

                       67      Confined space entry permit                                        111

                       68      Signage                                                                      112

                       69      Communication and safety monitoring                          113

                       70      Specific control — connected plant and services          114

                       71      Specific control — atmosphere                                    114

                       72      Specific control — flammable gases and vapours         115

                       73      Specific control — fire and explosion                           116

                       74      Emergency procedures                                                117

                       75      Personal protective equipment in emergencies              118

                       76      Information, training and instruction for workers            119

                       77      Confined space entry permit and risk assessment must be kept       120

Part 4.4                      Falls

                       78      Management of risk of fall                                           122

                       79      Specific requirements to minimise risk of fall                123

                       80      Emergency and rescue procedures                               124

Part 4.5                      High Risk Work

Division 1                    Licensing of high risk work

Subdivision 1                Requirement to be licensed

                       81      Licence required to carry out high risk work                   126

                       82      Exceptions                                                                  126

                       83      Recognition of high risk work licences in other jurisdictions  127

                       84      Duty of person conducting business or undertaking to ensure direct supervision       127

                       85      Evidence of licence — duty of person conducting business or undertaking   128

Subdivision 2                Licensing process

                       86      Who may apply for a licence                                        130

                       87      Application for high risk work licence                            130

                       88      Additional information                                                  131

                       89      Decision on application                                               132

                       90      Matters to be taken into account                                  133

                       91      Refusal to grant high risk work licence—process           134

                       92      Duration of licence                                                      134

                       93      Licence document                                                       135

                       94      Licence document to be available                                 135

                       95      Reassessment of competency of licence holder           136

Subdivision 3                Amendment of licence document

                       96      Notice of change of address                                        136

                       97      Licence holder to return licence                                    136

                       98      Replacement licence document                                    137

                       99      Voluntary surrender of licence                                      138

Subdivision 4                Renewal of high risk work licence

                     100      Regulator may renew licence                                        138

                     101      Application for renewal                                                138

                     102      Licence continues in force until application is decided   139

                     103      Renewal of expired licence                                           139

                     104      Provisions relating to renewal of licence                       139

                     105      Status of licence during review                                     140

Subdivision 5                Suspension and cancellation of high risk work licence

                     106      Suspension or cancellation of licence                           140

                     107      Matters taken into account                                           141

                     108      Notice to and submissions by licence holder                142

                     109      Notice of decision                                                       143

                     110      Immediate suspension                                                 144

                     111      Licence holder to return licence document                     145

                     112      Regulator to return licence document after suspension  145

Part 4.6                      Demolition work

                     142      Notice of demolition work                                            146

Part 4.7                      General Electrical Safety in Workplaces and Energised Electrical Work

Division 1                    Preliminary

                     144      Meaning of electrical equipment                                   148

                     145      Meaning of electrical installation                                   148

                     146      Meaning of electrical work                                            149

Division 2                    General risk management

                     147      Risk management                                                        151

Division 3                    Electrical equipment and electrical installations

                     148      Electrical equipment and electrical installations to which this Division applies            152

                     149      Unsafe electrical equipment                                         152

                     150      Inspection and testing of electrical equipment               153

                     151      Untested electrical equipment not to be used                154

Division 4                    Electrical work on energised electrical equipment

                     152      Application of Division 4                                              155

                     153      Persons conducting a business or undertaking to which this Division applies            155

                     154      Electrical work on energised electrical equipment — prohibited         155

                     155      Duty to determine whether equipment is energised        155

                     156      De‑energised equipment must not be inadvertently re‑energised       156

                     157      Electrical work on energised electrical equipment — when permitted 157

                     158      Preliminary steps                                                         157

                     159      Unauthorised access to equipment being worked on     159

                     160      Contact with equipment being worked on                      159

                     161      How the work is to be carried out                                 159

                     162      Record keeping                                                           161

Division 5                    Electrical equipment and installations and construction work — additional duties

                     163      Duty of person conducting business or undertaking      162

Division 6                    Residual current devices

                     164      Use of socket outlets in hostile operating environment  163

                     165      Testing of residual current devices                               164

Division 7                    Overhead and underground electric lines

                     166      Duty of person conducting a business or undertaking   165

Part 4.8                      Diving Work

Division 1                    Preliminary

                     167      Purpose of Part 4.8                                                     167

Division 2                    General diving work — Fitness and competence of worker

                     168      Person conducting business or undertaking must ensure fitness of workers  167

                     169      Certificate of medical fitness                                        168

                     170      Duty to keep certificate of medical fitness                    168

                     171      Competence of worker — general diving work               169

                     172      Competence of worker — incidental diving work           170

                     173      Competence of worker — limited scientific diving work 170

                     174      Competence of competent person supervising general diving work   170

                     175      Evidence of competence — duty of person conducting business or undertaking       171

Division 3                    Managing risks — general diving work

                     176      Management of risks to health and safety                     172

                     177      Appointment of competent person to supervise diving work 173

                     178      Additional control — dive plan                                     173

                     179      Dive plan must be complied with                                  174

                     180      Additional control — dive safety log to be kept            174

                     181      Use of dive safety log                                                 175

                     182      Record keeping                                                           177

Division 4                    High risk diving work

                     183      Duties of person conducting business or undertaking   178

                     184      Duty of worker — competence                                     179

Chapter 5                Plant and structures

Part 5.1                      General duties for plant and structures

Division 1                    Preliminary

                     185      Application of Part 5.1 to plant                                     181

                     186      Application of Part 5.1 to structures                             181

Division 2                    Duties of persons conducting businesses or undertakings that design plant

                     187      Provision of information to manufacturer                      182

                     188      Hazard identified in design during manufacture             183

                     189      Guarding                                                                     183

                     190      Operational controls                                                    185

                     191      Emergency stop controls                                             187

                     192      Warning devices                                                          187

Division 3                    Duties of persons conducting businesses or undertakings that manufacture plant

                     193      Control of risk                                                             188

                     194      Guarding                                                                     189

                     195      Information must be obtained and provided                  190

Division 4                    Duties of persons conducting businesses or undertakings that import plant

                     196      Information to be obtained and provided by importer    191

                     197      Control of risk                                                             191

Division 5                    Duties of persons conducting businesses or undertakings that supply plant

                     198      Information to be obtained and provided by supplier     192

                     199      Supply of second‑hand plant — duties of supplier        193

                     200      Second‑hand plant to be used for scrap or spare parts 193

Division 6                    Duties of persons conducting businesses or undertakings that install, construct or commission plant

                     201      Duties of persons conducting businesses or undertakings that install, construct or commission plant                                                                           194

                     202      Duties of persons conducting businesses or undertakings that install, construct or commission structures                                                                    195

Division 7                    General duties of persons conducting a business or undertaking involving the management or control of plant

Subdivision 1                Management of risks

                     203      Management of risks to health and safety                     196

Subdivision 2                Additional control measures for general plant

                     204      Control of risks arising from installation or commissioning 196

                     205      Preventing unauthorised alterations to or interference with plant        198

                     206      Proper use of plant and controls                                  198

                     207      Plant not in use                                                           199

                     208      Guarding                                                                     199

                     209      Guarding and insulation from heat and cold                  201

                     210      Operational controls                                                    202

                     211      Emergency stops                                                        203

                     212      Warning devices                                                          204

                     213      Maintenance and inspection of plant                             204

Subdivision 3                Additional control measures for certain plant

                     214      Powered mobile plant — general control of risk            205

                     215      Powered mobile plant — specific control measures       205

                     216      Roll‑over protection on tractors                                    207

                     217      Protective structures on earthmoving machinery            208

                     218      Industrial lift trucks                                                      208

                     219      Plant that lifts or suspends loads                                 209

                     220      Exception — plant not specifically designed to lift or suspend a person       211

                     221      Plant used in connection with tree lopping                    212

                     222      Industrial robots                                                          213

                     223      Lasers                                                                         214

                     224      Pressure equipment                                                     215

                     225      Scaffolds                                                                    216

                     226      Plant with presence‑sensing safeguarding system — records           218

Part 5.2                      Additional duties relating to registered plant and plant designs

Division 1                    Application of Part 5.2

                     227      Application of Part 5.2                                                 220

Division 2                    Duty of persons conducting a business or undertaking who design plant to record plant design

                     228      Records and information                                              220

                     229      Record of standards or engineering principles used      221

                     230      Records to be available for inspection                          222

Division 3                    Duties of persons conducting a business or undertaking

                     231      Duty of persons conducting businesses or undertakings that manufacture plant        223

                     232      Duty of persons conducting businesses or undertakings that import plant     223

                     233      Duty of persons conducting businesses or undertakings that supply plant    223

                     234      Duty of persons conducting businesses or undertakings that commission plant        224

Division 4                    Duties of persons conducting a business or undertaking involving the management or control of plant

Subdivision 1                Control measures for registered plant

                     235      Major inspection of registered mobile cranes and tower cranes         224

                     236      Lifts                                                                            226

                     237      Records of plant                                                         227

Subdivision 2                Control measures for amusement devices

                     238      Operation of amusement devices                                 228

                     239      Storage of amusement devices                                    229

                     240      Maintenance, inspection and testing of amusement device 229

                     241      Annual inspection of amusement device                       230

                     242      Log book and manuals for amusement device              231

Part 5.3                      Registration of plant designs and items of plant

Division 1                    Plant designs to be registered

                     243      Plant design to be registered                                       233

                     244      Altered plant designs to be registered                          233

                     245      Recognition of designs registered by corresponding regulator          233

Division 2                    Items of plant to be registered

                     246      Items of plant to be registered                                     234

                     247      Recognition of plant registered by corresponding regulator  234

Division 3                    Registration process for plant designs

                     248      Application of Division 3                                              234

                     249      Who can apply to register a plant design                      234

                     250      Application for registration                                           234

                     251      Design verification statement                                       235

                     252      Who can be the design verifier                                     236

                     253      Duty of design verifier                                                 236

                     254      Design verification statements not to be made in certain circumstances        237

                     255      Additional information                                                  237

                     256      Decision on application                                               237

                     257      Refusal of registration — process                                238

                     258      Conditions of registration                                             239

                     259      Duration of registration of plant design                         239

                     260      Plant design registration number                                  239

                     261      Registration document                                                 241

                     262      Registration document to be available                          241

                     263      Disclosure of design information                                  241

Division 4                    Registration process for an item of plant

                     264      Application of Division 4                                              242

                     265      Who can apply to register an item of plant                    242

                     266      Application for registration                                           242

                     267      When is a person competent to inspect plant                243

                     268      Additional information                                                  244

                     269      Decision on application                                               244

                     270      Refusal of registration — process                                245

                     271      Conditions of registration                                             246

                     272      Duration of registration                                                246

                     273      Plant registration number                                             246

                     274      Registration document                                                 247

                     275      Registration document to be available                          248

                     276      Regulator may renew registration                                  248

                     277      Application for renewal                                                248

                     278      Registration continues in force until application is decided 249

                     279      Decision on application                                               249

                     280      Status of registration during review                               250

Division 5                    Changes to registration and registration documents

                     281      Application of Division                                                250

                     282      Changes to information                                                251

                     283      Amendment of registration imposed by regulator          251

                     284      Amendment on application by registration holder          252

                     285      Minor corrections to registration                                   254

                     286      Regulator to give amended registration document         254

                     287      Registration holder to return registration document        254

                     288      Replacement registration document                              254

Chapter 6                Construction work

Part 6.1                      Preliminary

                     289      Meaning of construction work                                       256

                     290      Meaning of structure                                                    257

                     291      Meaning of high risk construction work                          258

                     292      Meaning of construction project                                   259

                     293      Meaning of principal contractor                                    259

Part 6.2                      Duties of designer of structure and person who commissions construction work

                     294      Person who commissions work must consult with designer 260

                     295      Designer must give safety report to person who commissions design           261

                     296      Person who commissions project must give information to principal contractor         262

Part 6.3                      Duties of person conducting business or undertaking

Division 1                    General

                     297      Management of risks to health and safety                     263

                     298      Security of workplace                                                  263

Division 2                    High risk construction work—safe work method statements

                     299      Safe work method statement required for high risk construction work            264

                     300      Compliance with safe work method statement               265

                     301      Safe work method statement — copy to be given to principal contractor       266

                     302      Review of safe work method statement                        266

                     303      Safe work method statement must be kept                   266

Division 3                    Excavation work

                     304      Excavation work — underground essential services information        268

                     305      Management of risks to health and safety associated with excavation work   270

                     306      Additional controls — trenches                                     270

Part 6.4                      Additional duties of principal contractor

                     307      Application of Part 6.4                                                 272

                     308      Specific control measure — signage identifying principal contractor 272

                     309      WHS management plan — preparation                          273

                     310      WHS management plan — duty to inform                     273

                     311      WHS management plan — review                                 274

                     312      High risk construction work — safe work method statements            274

                     313      Copy of WHS management plan must be kept              275

                     314      Further health and safety duties — specific regulations 276

                     315      Further health and safety duties — specific risks           277

Part 6.5                      General construction induction training

Division 1                    General construction induction training requirements

                     316      Duty to provide general construction induction training  278

                     317      Duty to ensure worker has been trained                        278

                     318      Recognition of general construction induction training cards issued in other jurisdictions       279

Division 2                    General construction induction training cards

                     319      Issue of card                                                               279

                     320      Content of card                                                           280

                     321      Replacement card                                                        281

                     322      Refusal to issue or replace card                                   281

                     323      Cancellation of card — grounds                                   282

                     324      Cancellation of card — process                                   282

                     325      RTO may enter agreement to issue cards                      282

Division 3                    Duties of workers

                     326      Duties of workers                                                        283

                     327      Alteration of general construction induction training card 284

Chapter 7                Hazardous chemicals

Part 7.1                      Hazardous chemicals

Division 1                    Application of Part 7.1

                     328      Application of Part 7.1                                                 285

Division 2                    Obligations relating to safety data sheets and other matters

Subdivision 1                Obligations of manufacturers and importers

                     329      Classification of hazardous chemicals                          287

                     330      Manufacturer or importer to prepare and provide safety data sheets 288

                     331      Safety data sheets — research chemical, waste product or sample for analysis         289

                     332      Emergency disclosure of chemical identities to registered medical practitioner          289

                     333      Emergency disclosure of chemical identities to emergency service worker    290

                     334      Packing hazardous chemicals                                      291

                     335      Labelling hazardous chemicals                                     291

Subdivision 2                Obligations of suppliers

                     336      Restriction on age of person who can supply hazardous chemicals   292

                     337      Retailer or supplier packing hazardous chemicals          293

                     338      Supplier labelling hazardous chemicals                         293

                     339      Supplier to provide safety data sheets                         294

                     340      Supply of prohibited and restricted carcinogens           295

Subdivision 3                Obligations of persons conducting businesses or undertakings

                     341      Labelling hazardous chemicals — general requirement   296

                     342      Labelling hazardous chemicals—containers                   297

                     343      Labelling hazardous chemicals — pipe work                 298

                     344      Person conducting business or undertaking to obtain and give access to safety data sheets 298

                     345      Changes to safety data sheets                                     301

Division 3                    Register and manifest of hazardous chemicals

Subdivision 1                Hazardous chemicals register

                     346      Hazardous chemicals register                                       302

Subdivision 2                Manifest of Schedule 11 hazardous chemicals

                     347      Manifest of hazardous chemicals                                 303

                     348      Regulator must be notified if manifest quantities to be exceeded      304

Division 4                    Placards

                     349      Outer warning placards — requirement to display          306

                     350      Placard — requirement to display                                 307

Division 5                    Control of risk — obligations of persons conducting businesses or undertakings

Subdivision 1                General obligations relating to management of risk

                     351      Management of risks to health or safety                       308

                     352      Review of control measures                                         309

                     353      Safety signs                                                                310

                     354      Identification of risk of physical or chemical reaction     310

                     355      Specific control — fire and explosion                           311

                     356      Keeping hazardous chemicals stable                            312

Subdivision 2                Spills and damage

                     357      Containing and managing spills                                    313

                     358      Protecting hazardous chemicals from damage              314

Subdivision 3                Emergency plans and safety equipment

                     359      Fire protection and firefighting equipment                     315

                     360      Emergency equipment                                                 316

                     361      Emergency plans                                                         316

                     362      Safety equipment                                                        317

Subdivision 4                Storage and handling systems

                     363      Control of risks from storage or handling systems        318

                     364      Containers for hazardous chemicals used, handled or stored in bulk 319

                     365      Stopping use and disposing of handling systems         319

                     366      Stopping use of underground storage and handling systems            320

                     367      Notification of abandoned tank                                    321

Division 6                    Health monitoring

                     368      Duty to provide health monitoring                                 322

                     369      Duty to inform of health monitoring                              323

                     370      Duty to ensure that appropriate health monitoring is provided           323

                     371      Duty to ensure health monitoring is supervised by registered medical practitioner with experience.                                                                                  324

                     372      Duty to pay costs of health monitoring                         324

                     373      Information that must be provided to registered medical practitioner 325

                     374      Duty to obtain health monitoring report                         325

                     375      Duty to give health monitoring report to worker             326

                     376      Duty to give health monitoring report to regulator          327

                     377      Duty to give health monitoring report to relevant persons conducting businesses or undertakings                                                                                  327

                     378      Health monitoring records                                            328

Division 7                    Induction, information, training and supervision

                     379      Duty to provide supervision                                         328

Division 8                    Prohibition, authorisation and restricted use

                     380      Using, handling and storing prohibited carcinogens       329

                     381      Using, handling and storing restricted carcinogens        330

                     382      Using, handling and storing restricted hazardous chemicals  330

                     383      Application for authorisation to use, handle or store prohibited and restricted carcinogens     330

                     384      Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens        331

                     385      Changes to information in application to be reported     332

                     386      Regulator may cancel authorisation                              332

                     387      Statement of exposure to be given to workers              333

                     388      Records to be kept                                                      334

Division 9                    Pipelines

                     389      Management of risk by pipeline owner                          334

                     390      Pipeline builder’s duties                                               335

                     391      Management of risks to health and safety by pipeline operator         336

Part 7.2                      Lead

Division 1                    Lead process

                     392      Meaning of lead process                                              338

                     393      Regulator may decide lead process                              339

                     394      Meaning of lead risk work                                             340

                     395      Duty to give information about health risks of lead process  340

Division 2                    Control of risk

                     396      Containment of lead contamination                               341

                     397      Cleaning methods                                                        342

                     398      Prohibition on eating, drinking and smoking                  342

                     399      Provision of changing and washing facilities                 343

                     400      Laundering, disposal and removal of personal protective equipment 344

                     401      Review of control measures                                         345

Division 3                    Lead risk work

                     402      Identifying lead risk work                                             347

                     403      Notification of lead risk work                                        348

                     404      Changes to information in notification of lead risk work 349

Division 4                    Health monitoring

                     405      Duty to provide health monitoring before first commencing lead risk work     350

                     406      Duty to ensure that appropriate health monitoring is provided           351

                     407      Frequency of biological monitoring                              351

                     408      Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience                                                                  353

                     409      Duty to pay costs of health monitoring                         354

                     410      Information that must be provided to registered medical practitioner 354

                     411      Duty to obtain health monitoring report                         355

                     412      Duty to give health monitoring report to worker             356

                     413      Duty to give health monitoring report to regulator          356

                     414      Duty to give health monitoring report to relevant persons conducting businesses or undertakings                                                                                  357

                     415      Removal of worker from lead risk work                         357

                     416      Duty to ensure medical examination if worker removed from lead risk work   358

                     417      Return to lead risk work after removal                           359

                     418      Health monitoring records                                            360

Chapter 8                Asbestos

Part 8.1                      Prohibitions and authorised conduct

                     419      Work involving asbestos or ACM — prohibitions and exceptions      362

Part 8.2                      General duty

                     420      Exposure to airborne asbestos at workplace                 364

Part 8.3                      Management of asbestos and associated risks

                     421      Application of Part 8.3                                                 365

                     422      Asbestos to be identified or assumed at workplace      365

                     423      Analysis of sample                                                      366

                     424      Presence and location of asbestos to be indicated       366

                     425      Asbestos register                                                        367

                     426      Review of asbestos register                                         368

                     427      Access to asbestos register                                         368

                     428      Transfer of asbestos register by person relinquishing management or control            369

                     429      Asbestos management plan                                         370

                     430      Review of asbestos management plan                          371

Part 8.4                      Management of naturally occurring asbestos

                     431      Naturally occurring asbestos                                        373

                     432      Asbestos management plan                                         373

                     433      Review of asbestos management plan                          375

                     434      Training in relation to naturally occurring asbestos         375

Part 8.5                      Asbestos at the workplace

Division 1                    Health monitoring

                     435      Duty to provide health monitoring                                 376

                     436      Duty to ensure that appropriate health monitoring is provided           377

                     437      Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience                                                                  377

                     438      Duty to pay costs of health monitoring                         378

                     439      Information that must be provided to registered medical practitioner 379

                     440      Duty to obtain health monitoring report                         379

                     441      Duty to provide give monitoring report to worker           380

                     442      Duty to give health monitoring report to regulator          381

                     443      Duty to give health monitoring report to relevant persons conducting businesses or undertakings                                                                                  381

                     444      Health monitoring records                                            382

Division 2                    Training

                     445      Duty to train workers about asbestos                           382

Division 3                    Control on use of certain equipment

                     446      Duty to limit use of equipment                                     384

Part 8.6                      Demolition and refurbishment

                     447      Application of Part 8.6                                                 386

                     448      Review of asbestos register                                         386

                     449      Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment                                                              387

                     450      Duty to obtain asbestos register                                  387

                     451      Determining presence of asbestos or ACM                   387

                     452      Identification and removal of asbestos before demolition 389

                     453      Identification and removal of asbestos before demolition of domestic premises       390

                     454      Emergency procedure                                                  390

                     455      Emergency procedure — domestic premises                391

                     456      Identification and removal of asbestos before refurbishment            392

                     457      Refurbishment of domestic premises                           393

Part 8.7                      Asbestos removal work

                     458      Duty to ensure asbestos removalist is licensed             394

                     459      Asbestos removal supervisor must be present or readily available    395

                     460      Asbestos removal worker must be trained                     395

                     461      Licensed asbestos removalist must keep training records 396

                     462      Duty to give information about health risks of licensed asbestos removal work         397

                     463      Asbestos removalist must obtain register                     397

                     464      Asbestos removal control plan                                     398

                     465      Asbestos removal control plan to be kept and available 398

                     466      Regulator must be notified of asbestos removal           400

                     467      Licensed asbestos removalist must tell certain persons about intended asbestos removal work                                                                                  401

                     468      Person with management or control of workplace must tell persons about asbestos removal work                                                                                  402

                     469      Signage and barricades for asbestos removal work      403

                     470      Limiting access to asbestos removal area                     404

                     471      Decontamination facilities                                            405

                     472      Disposing of asbestos waste and contaminated personal protective equipment        406

                     473      Clearance inspection                                                    407

                     474      Clearance certificates                                                   408

Part 8.8                      Asbestos removal requiring Class A licence

                     475      Air monitoring — asbestos removal requiring Class A licence           410

                     476      Action if respirable asbestos fibre level too high           412

                     477      Removing friable asbestos                                          413

Part 8.9                      Asbestos‑related work

                     478      Application of Part 8.9                                                 416

                     479      Uncertainty as to presence of asbestos                        416

                     480      Duty to give information about health risks of asbestos‑related work            417

                     481      Asbestos‑related work to be in separate area                417

                     482      Air monitoring                                                              418

                     483      Decontamination facilities                                            419

                     484      Disposing of asbestos waste and contaminated personal protective equipment        420

Part 8.10                   Licensing of asbestos removalists and asbestos assessors

Division 1                    Asbestos removalists—requirement to be licensed

                     485      Requirement to hold Class A asbestos removal licence 422

                     486      Exception to requirement to hold Class A asbestos removal licence 422

                     487      Requirement to hold Class B asbestos removal licence 423

                     488      Recognition of asbestos removal licences in other jurisdictions        423

Division 2                    Asbestos assessors — requirement to be licensed

                     489      Requirement to hold asbestos assessor licence            424

                     490      Recognition of asbestos assessor licences in other jurisdictions      424

Division 7                    General

                     529      Work must be supervised by named supervisor            424

Chapter 9                Major hazard facilities

Part 9.1                      Preliminary

Division 1                    Application and interpretation

                     530      This Chapter does not apply to certain facilities            426

                     531      Meaning of major incident                                            426

                     532      Meaning of hazardous chemicals that are present or likely to be present         427

                     533      Meaning of operator of a facility or proposed facility     427

                     534      Meaning of modification of a facility                             428

Division 2                    Requirement to be licensed

                     535      A major hazard facility must be licensed                       429

Part 9.2                      Determinations about Major Hazard Facilities

                     536      Operators of certain facilities must notify regulator        431

                     537      Notification — proposed facilities                                431

                     538      Content of notification                                                 432

                     539      When regulator may conduct inquiry                             434

                     540      Inquiry procedure                                                         434

                     541      Determination in relation to facility, on inquiry               435

                     542      Determination in relation to over‑threshold facility          436

                     543      Suitability of facility operator                                       436

                     544      Conditions on determination of major hazard facility      436

                     545      Notice and effect of determinations                              437

                     546      When regulator may revoke a determination                  438

                     547      Re‑notification if quantity of Schedule 15 chemicals increases          438

                     548      Notification by new operator                                        439

                     549      Time in which major hazard facility licence must be applied for         439

Part 9.3                      Duties of Operators of Determined Major Hazard Facilities

Division 1                    Application of Part 9.3

                     550      Application of Part 9.3                                                 440

Division 2                    Safety case outline

                     551      Safety case outline must be provided                           440

                     552      Content                                                                       441

                     553      Alteration                                                                    441

Division 3                    Management of risk

                     554      Identification of major incidents and major incident hazards  443

                     555      Safety assessment                                                      444

                     556      Control of risk                                                             445

                     557      Emergency plan                                                          446

                     558      Safety management system                                         448

                     559      Review of risk management                                         449

Division 4                    Safety case

                     560      Safety case must be provided                                     451

                     561      Content                                                                       451

                     562      Co‑ordination for multiple facilities                               453

                     563      Review                                                                        453

Part 9.4                      Licensed major hazard facilities — risk management

                     564      Identification of major incidents and major incident hazards  454

                     565      Safety assessment                                                      455

                     566      Control of risk                                                             455

                     567      Emergency plan                                                          456

                     568      Safety management system                                         457

                     569      Review of risk management                                         458

                     570      Safety case — review                                                  459

                     571      Information for visitors                                                 459

                     572      Information for local community and local authority—general            460

                     573      Information for local community — major incident         461

Part 9.5                      Consultation and Workers’ Safety role

                     574      Safety role for workers                                                463

                     575      Operator of major hazard facility must consult with workers  464

Part 9.6                      Duties of Workers at Licensed Major Hazard Facilities

                     576      Duties                                                                         466

Part 9.7                      Licensing of major hazard facilities

Division 1                    Licensing process

                     577      Who may apply for a licence                                        467

                     578      Application for major hazard facility licence                  467

                     579      Additional information                                                  468

                     580      Decision on application                                               469

                     581      Matters to be taken into account                                  470

                     582      When decision is to be made                                       471

                     583      Refusal to grant major hazard facility licence — process 472

                     584      Conditions of licence                                                   472

                     585      Duration of licence                                                      473

                     586      Licence document                                                       473

                     587      Licence document to be available                                 473

Division 2                    Amendment of licence and licence document

                     588      Changes to information                                                474

                     589      Amendment imposed by regulator                                474

                     590      Amendment on application by operator                        476

                     591      Minor corrections to major hazard facility licence           477

                     592      Regulator to give amended licence document to operator 477

                     593      Operator to return licence                                             477

                     594      Replacement licence document                                    478

Division 3                    Renewal of major hazard facility licence

                     595      Regulator may renew licence                                        479

                     596      Application for renewal                                                479

                     597      Licence continues in force until application is decided   479

                     598      Provisions relating to renewal of licence                       479

                     599      Status of major hazard facility licence during review      480

Division 4                    Transfer of major hazard facility licence

                     600      Transfer of major hazard facility licence                        481

Division 5                    Suspension and cancellation of major hazard facility licence

                     601      Cancellation of major hazard facility licence — on operator’s application       481

                     602      Suspension or cancellation of licence — on regulator’s initiative       482

                     603      Matters to be taken into account                                  483

                     604      Notice to and submissions by operator                        484

                     605      Notice of decision                                                       485

                     606      Immediate suspension                                                 486

                     607      Operator to return licence document                             486

                     608      Regulator to return licence document after suspension  487

Chapter 10             Mines

Chapter 11             General

Part 11.1                   Review of Decisions under these Regulations

Division 1                    Reviewable decisions

                     676      Which decisions under these Regulations are reviewable 489

Division 2                    Internal review

                     677      Application                                                                  495

                     678      Application for internal review                                       495

                     679      Internal reviewer                                                           496

                     680      Decision of internal reviewer                                         496

                     681      Decision on internal review                                           496

                     682      Internal review — reviewable decision continues            497

Division 3                    External review

                     683      Application for external review                                      497

Part 11.2                   Exemptions

Division 1                    General

                     684      General power to grant exemptions                              498

                     685      Matters to be considered in granting exemptions          498

Division 2                    High risk work licences

                     686      High risk work licence — exemption                             499

                     687      High risk work licence — regulator to be satisfied about certain matters        499

Division 3                    Major hazard facilities

                     688      Major hazard facility — exemption                                500

                     689      Major hazard facility — regulator to be satisfied about certain matters           500

Division 4                    Exemption process

                     690      Application for exemption                                            501

                     691      Conditions of exemption                                              501

                     692      Form of exemption document                                      502

                     693      Compliance with conditions of exemption                     502

                     694      Notice of decision in relation to exemption                   502

                     696      Notice of refusal of exemption                                     503

                     697      Amendment or cancellation of exemption                     503

                     698      Notice of amendment or cancellation                            503

Part 11.3                   Miscellaneous

                     699      Incident notification — prescribed serious illnesses       504

                     700      Inspectors’ identity cards                                             504

                     702      Confidentiality of information — exception relating to administration or enforcement of other laws                                                                                  505

Chapter 12             Transitional and saving provisions

Part 3                          General risk and workplace management

Division 3.1                 Managing risks to health and safety

                     716      Lead in time for managing risks                                    506

Division 3.2                 General workplace management

Subdivision 4                Emergency plans

                     717      Lead in time for emergency plan                                   506

Part 4                          Hazardous work

Division 4.1                 Noise

                     718      Particular provision for audiometric testing                   507

                     719      Noise — duties of designers                                        507

                     720      Noise — duties of manufacturers                                 508

                     721      Noise — duties of importers                                        508

                     722      Noise — duties of suppliers                                         509

Division 4.2                 Hazardous manual tasks

                     723      Hazardous manual tasks — duties of designers            510

                     724      Hazardous manual tasks — duties of manufacturers      510

                     725      Hazardous manual tasks — duties of importers             510

                     726      Hazardous manual tasks — duties of suppliers             511

Division 4.5                 High risk work

                     727      Licence to carry out high risk work                                511

Division 4.6                 Demolition work

                     728      Notice of demolition work                                            511

Division 4.8                 Diving work

                     729      Duties                                                                         511

Part 5                          Plant and structures

Division 5.1                 General duties for plant and structures

Subdivision 2                Duties of persons conducting businesses or undertakings that design plant

                     730      Hazard identified in design during manufacture             512

                     731      Other duties                                                                512

Subdivision 3                Duties of persons conducting businesses or undertakings that manufacture plant

                     732      Control of risk                                                             513

                     733      Other duties                                                                513

Subdivision 4                Duties of persons conducting businesses or undertakings that import plant

                     734      Duties                                                                         513

Subdivision 5                Duties of persons conducting businesses or undertakings that supply plant

                     735      Duties                                                                         514

Subdivision 6                Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures

                     736      Duties                                                                         515

                     737      Plant used in connection with tree lopping — lead in time for application of regulation 221     515

Division 5.2                 Additional duties relating to registered plant and plant designs

Subdivision 2                Duties of persons conducting businesses or undertakings who design plant

                     738      Duties                                                                         515

Division 5.3                 Registration of plant designs and items of plant

                     739      Registration of design of concrete placement units and prefabricated formwork        516

                     740      Registration of design of lifts                                       516

                     741      Existing registrations of plant and plant designs           517

                     742      Pending applications for registration of plant and plant designs       518

                     743      Registration of plant and plant design by Defence Force 519

Part 6                          Construction work

Division 6.2                 Duties of designer of structure and person who commissions construction Work

                     744      Duties                                                                         520

Division 6.3                 Duties of person conducting business or undertaking

Subdivision 1                General

                     745      Security of workplace                                                  520

Subdivision 3                Excavation work

                     746      Additional controls — trenches                                     520

Division 6.4                 Additional duties of principal contractor

                     747      Specific control measure — signage identifying principal contractor 521

                     748      Duties — WHS management plans                               521

Division 6.5                 General construction induction training

                     749      Duties                                                                         521

Part 7                          Hazardous chemicals

Division 7.1                 Hazardous chemicals

Subdivision 2                Obligations relating to safety data sheets and other matters

                     750      Labelling hazardous chemicals — pipe work                 522

Subdivision 8                Prohibition, authorisation and restricted use

                     751      Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens        522

Division 7.2                 Lead

Subdivision 3                Lead risk work

                     752      Notification of lead risk work                                        522

Part 8                          Asbestos

Division 8.3                 Management of asbestos and associated risks

                     753      Duties                                                                         523

Division 8.4                 Management of naturally occurring asbestos

                     754      Duties                                                                         523

Division 8.5                 Asbestos at the workplace

Subdivision 2                Training

                     755      Duties                                                                         523

Part 9                          Major hazard facilities

Division 9.7                 Licensing of major hazard facilities

                     756      Existing major hazard facility                                        524

                     757      Existing licensed major hazard facility                          524

                     758      Existing notification of facility awaiting decision           525

Part 12                       Other transitional matters

Division 1                    Globally Harmonised System of Classification and Labelling of Chemicals

                     759      Introductory period for GHS                                         526

Division 2                    Obligation to train health and safety representatives — approved courses of training

                     760      Courses accredited before 1 January 2012                    527

Division 3                    Codes of practice

                     761      Preserved codes of practice                                        527

Schedule 1                  Revocation of regulations                                           529

Schedule 2                  Fees                                                                           530

Table 2.1                 530

Schedule 3                  High risk work licences and classes of high risk work 531

Table 3.1                 531

Schedule 4                  High risk work licences — competency requirements 536

Schedule 5                  Registration of plant and plant designs                      539

Part 1                             Plant requiring registration of design                            539

Part 2                             Items of plant requiring registration                               541

Schedule 6                  Classification of mixtures                                           543

Schedule 7                  Safety data sheets                                                      546

Schedule 8                  Disclosure of ingredients in safety data sheet             548

Schedule 9                  Classification, packaging and labelling requirements 552

Part 1                             Correct classification                                                   552

Part 2                             Correct packing                                                           553

Part 3                             Correct labelling                                                          553

Schedule 10                Prohibited carcinogens, restricted carcinogens and restricted hazardous chemicals        558

Schedule 11                Placard and manifest quantities                                 562

Schedule 12                Manifest requirements                                                567

Schedule 13                Placard requirements                                                 572

Schedule 14                Requirements for health monitoring                           580

Schedule 15                Hazardous chemicals at major hazard facilities (and their threshold quantity)       584

Schedule 16                Matters to be included in emergency plan for major hazard facility           592

Schedule 17                Additional matters to be included in safety management system of major hazard facility  595

Schedule 18                Additional matters to be included in safety case for a major hazard facility           598

Part 1                             Facility description                                                      598

Part 2                             Safety information                                                       600

 

 


Chapter 1    Preliminary

Part 1.1              Introductory matters

  

1              Name of Regulations

                These Regulations are the Work Health and Safety Regulations 2011.

2              Commencement

         (1)   Subject to subregulation (2), these Regulations commence on 1 January 2012.

         (2)   Regulation 164 commences on 1 January 2013.

Note   A number of provisions of these Regulations will commence on 1 January 2012, but will not immediately impose duties on persons in particular circumstances. See the transitional provisions in Chapter 12.

3              Authorising provisions

                These Regulations are made under:

                (a)    section 276 of the Work Health and Safety Act 2011; and

               (b)    Schedule 3 to that Act; and

                (c)    the Work Health and Safety (Transitional and Consequential Provisions) Act 2011.

5              Definitions

         (1)   In these Regulations:

abrasive blasting means propelling a stream of abrasive material at high speed against a surface using compressed air, liquid, steam, centrifugal wheels or paddles to clean, abrade, etch or otherwise change the original appearance or condition of the surface.

accredited assessor means:

                (a)    a person who is accredited under Part 4.5 to conduct assessments; or

               (b)    the regulator.

Act means the Work Health and Safety Act 2011.

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, approved by the Australian Transport Council.

Note   The ADG Code is accessible at http://www.ntc.gov.au.

administrative control means a method of work, a process or a procedure designed to minimise risk, but does not include:

                (a)    an engineering control; or

               (b)    the use of personal protective equipment.

airborne contaminant means a contaminant in the form of a fume, mist, gas, vapour or dust, and includes microorganisms.

amusement device means plant operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment, but does not include:

                (a)    a miniature train and railway system owned and operated by a model railway society, club or association; or

               (b)    a ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under an Act of the Commonwealth or a State; or

                (c)    a boat or flotation device:

                          (i)    that is solely propelled by a person who is in or on the boat or device; and

                         (ii)    that is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on any artificial flow of water to move; or

               (d)    any plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity; or

                (e)    a coin‑operated or token‑operated device that:

                          (i)    is intended to be ridden, at the one time, by not more than 4 children who must be below the age of 10 years; and

                         (ii)    is usually located in a shopping centre or similar public location; and

                        (iii)    does not necessarily have an operator.

appropriate training in underwater medicine means training that results in knowledge of the matters specified in clause M3 of Appendix M to AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice).

article means a manufactured item, other than a fluid or particle, that:

                (a)    is formed into a particular shape or design during manufacture; and

               (b)    has hazard properties and a function that are wholly or partly dependent on the shape or design.

asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals including the following:

                (a)    actinolite asbestos;

               (b)    grunerite (or amosite) asbestos (brown);

                (c)    anthophyllite asbestos;

               (d)    chrysotile asbestos (white);

                (e)    crocidolite asbestos (blue);

                (f)    tremolite asbestos;

               (g)    a mixture that contains one or more of the minerals referred to in paragraphs (a) to (f).

asbestos containing material (ACM) means any material or thing that, as part of its design, contains asbestos.

asbestos‑contaminated dust or debris (ACD) means dust or debris that has settled within a workplace and is, or is assumed to be, contaminated with asbestos.

asbestos management plan — see regulation 429 or 432.

asbestos register — see regulation 425.

asbestos‑related work means work involving asbestos (other than asbestos removal work to which Part 8.7 applies) that is permitted under the exceptions set out in regulations 419 (3), (4) and (5).

asbestos removal licence means a Class A asbestos removal licence or a Class B asbestos removal licence.

asbestos removal work means:

                (a)    work involving the removal of asbestos or ACM; or

               (b)    in Part 8.10 — Class A asbestos removal work or Class B asbestos removal work.

asbestos removalist means a person conducting a business or undertaking who carries out asbestos removal work.

asbestos waste means asbestos or ACM removed and disposable items used during asbestos removal work including plastic sheeting and disposable tools.

biological monitoring means:

                (a)    the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance; or

               (b)    blood lead level monitoring.

blood lead level means the concentration of lead in whole blood expressed in micromoles per litre (μmol/L) or micrograms per decilitre (μg/dL).

blood lead level monitoring means the testing of the venous or capillary blood of a person by a laboratory accredited by NATA, under the supervision of a registered medical practitioner, to determine the blood lead level.

boiler means:

                (a)    a vessel, or an arrangement of vessels and interconnecting parts, in which steam or vapour is generated or in which water or other liquid is heated at a pressure above that of the atmosphere by the application of fire, the products of combustion, electrical power or similar high temperature means; and

               (b)    the superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, boiler setting and other equipment directly associated with those vessels;

but does not include:

                (c)    except in Schedules 3 and 4, a fully flooded or pressurised system where water or another liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid; or

               (d)    for the purposes of Parts 5.2 and 5.3 and in Schedules 3 and 4, a boiler designed or manufactured to the following codes:

                          (i)    AMBSC Part 1—Australian Miniature Boiler Safety Committee Code for Copper Boilers;

                         (ii)    AMBSC Part 2—Australian Miniature Boiler Safety Committee Code for Steel Boilers; or

                (e)    in Schedule 3:

                          (i)    a direct fired process heater; or

                         (ii)    boilers with less than 5 square metres heating surface or 150 kilowatt output; or

                        (iii)    unattended boilers certified in compliance with AS 2593:2004 (Boilers—Safety management and supervision systems).

boom‑type elevating work platform means a telescoping device, hinged device, or articulated device, or any combination of these, used to support a platform on which personnel, equipment and materials may be elevated.

bridge crane means a crane that:

                (a)    consists of a bridge beam or beams, that are mounted to end carriages at each end; and

               (b)    is capable of travelling along elevated runways; and

                (c)    has one or more hoisting mechanisms arranged to traverse across the bridge.

building maintenance equipment means a suspended platform and associated equipment, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold.

building maintenance unit means a power operated suspended platform and associated equipment on a building specifically designed to provide permanent access to the faces of the building for maintenance.

bulk, in relation to a hazardous chemical, means any quantity of a hazardous chemical that is:

                (a)    in a container with a capacity exceeding 500 litres or net mass of more than 500 kilograms; or

               (b)    if the hazardous chemical is a solid — an undivided quantity exceeding 500 kilograms.

capacity, of a container (in Chapter 7), means the internal volume of the container at a temperature of 15 °C expressed in litres.

card holder means the person to whom a general construction induction training card is issued.

certificate of medical fitness means a certificate of medical fitness that complies with regulation 169.

certification, in relation to a specified VET course, means:

                (a)    a statement of attainment issued by an RTO stating that the person to whom it is issued has successfully completed the specified VET course; or

               (b)    in the case of high risk work —a notice of satisfactory assessment stating that the person to whom it is issued has successfully completed the specified VET course; or

                (c)    an equivalent statement or notice issued by a corresponding RTO.

certified safety management system, in Chapter 8, means a safety management system that complies with AS 4801:2001 (Occupational health and safety management systems), or an equivalent system determined by the regulator.

chemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service, or a technical name, that gives a chemical a unique identity.

class means:

                (a)    in relation to high risk work, a class of work specified in Schedule 3; and

               (b)    in relation to asbestos removal work, Class A asbestos removal work or Class B asbestos removal work.

Class A asbestos removal licence means a licence that authorises the carrying out of Class A asbestos removal work and Class B asbestos removal work by or on behalf of the licence holder.

Class A asbestos removal work means work that is required to be licensed under regulation 485.

Class B asbestos removal licence means a licence that authorises the carrying out of Class B asbestos removal work by or on behalf of the licence holder.

Class B asbestos removal work means work that is required to be licensed under regulation 487, but does not include Class A asbestos removal work.

class label means a pictogram described in the ADG Code for a class, or division of a class, of dangerous goods.

clearance certificate—see regulation 474.

clearance inspectionsee regulation 473.

combustible liquid means a liquid, other than a flammable liquid, that has a flash point, and a fire point less than its boiling point.

combustible substance means a substance that is combustible, and includes dust, fibres, fumes, mists or vapours produced by the substance.

Examples

Wood, paper, oil, iron filings.

Commission means the Safety Rehabilitation and Compensation Commission established by section 89A of the Safety Rehabilitation and Compensation Act 1989.

Commonwealth worker means a person who carries out work, or is taken to carry out work, for a business or undertaking conducted by:

                (a)    the Commonwealth; or

               (b)    a public authority; or

                (c)    a non‑Commonwealth licensee.

competency assessment, in Part 4.5, means an assessment in relation to the completion of a specified VET course to carry out a class of high risk work.

competent person means:

                (a)    for electrical work on energised electrical equipment or energised electrical installations (other than testing referred to in regulations 150 and 165):

                          (i)    a person who is a competent person in accordance with a corresponding WHS law; and

                         (ii)    if there is no corresponding law of a State that identifies a competent person — a person who is licensed or permitted under a law of the State relating to electrical safety or occupational licensing to perform electrical work; and

                        (iii)    a member of the Defence Force who has acquired through training, qualification or experience the knowledge and skills to carry out the task; and

               (b)    for general diving work — see regulations 174 and 177; and

                (c)    for inspection and testing of mobile cranes and tower cranes under regulation 235 — see regulation 235; and

               (d)    for inspection of amusement devices under regulation 241 — see regulation 241; and

                (e)    for design verification under regulation 252 — a person who has the skills, qualifications, competence and experience to design the plant or verify the design; and

                (f)    for a clearance inspection under regulation 473 — a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds:

                          (i)    a certification in relation to the specified VET course for asbestos assessor work; or

                         (ii)    a tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction or environmental health; and

               (g)    for any other case — a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task.

concrete placement unit with delivery boom, in Schedule 5, means plant that:

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

               (b)    relies on gravity for stability, without the need for a vertical restraining connection with the supporting surface or a horizontal restraining connection (other than frictional forces at supporting surface level) to aid stability.

concrete placing boom means plant incorporating a knuckle boom, capable of power operated slewing and luffing to place concrete by way of pumping through a pipeline attached to, or forming part of, the boom of the plant.

confined space means an enclosed or partially enclosed space that:

                (a)    is not designed or intended primarily to be occupied by a person; and

               (b)    is, or is designed or intended to be, at normal atmospheric pressure while any person is in the space; and

                (c)    is or is likely to be a risk to health and safety from:

                          (i)    an atmosphere that does not have a safe oxygen level; or

                         (ii)    contaminants, including airborne gases, vapours and dusts, that may cause injury from fire or explosion; or

                        (iii)    harmful concentrations of any airborne contaminants; or

                        (iv)    engulfment, but does not include a mine shaft or the workings of a mine.

confined space entry permit means a confined space entry permit issued under regulation 67.

construction project — see regulation 292.

construction work — see regulation 289.

consumer product means a thing that:

                (a)    is packed or repacked primarily for use by a household consumer or for use in an office; and

               (b)    if the thing is packed or repacked primarily for use by a household consumer — is packed in the way and quantity in which it is intended to be used by a household consumer; and

                (c)    if the thing is packed or repacked primarily for use in an office — is packed in the way and quantity in which it is intended to be used for office work.

container, in relation to a hazardous chemical, means anything in or by which a hazardous chemical is, or has been, wholly or partly covered, enclosed or packed, including anything necessary for the container to perform its function as a container.

contaminant means any substance that may be harmful to health or safety.

control measure, in relation to a risk to health and safety, means a measure to eliminate or minimise the risk.

conveyor means equipment or apparatus operated by power other than manual power and by which loads are raised, lowered or transported or capable of being raised, lowered, transported, or continuously driven, by:

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

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

                (c)    a rotating screw; or

               (d)    a vibration or walking beam; or

                (e)    a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means;

and includes the superstructure, gear and auxiliary equipment used in connection with that equipment or apparatus.

correct classification means the set of hazard classes and hazard categories assigned to a hazardous chemical when it is correctly classified.

Note   Part 1 of Schedule 9 sets out when a hazardous chemical is correctly classified.

crane means an appliance intended for raising or lowering a load and moving it horizontally including the supporting structure of the crane and its foundations, but does not include any of the following:

                (a)    an industrial lift truck;

               (b)    earthmoving machinery;

                (c)    an amusement device;

               (d)    a tractor;

                (e)    an industrial robot;

                (f)    a conveyor;

               (g)    building maintenance equipment;

               (h)    a suspended scaffold;

                (i)    a lift.

current certificate of medical fitness means a certificate of medical fitness that:

                (a)    was issued within the past 12 months; and

               (b)    has not expired or been revoked.

demolition work means work to demolish or dismantle a structure, or part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, but does not include:

                (a)    the dismantling of formwork, falsework, or other structures designed or used to provide support, access or containment during construction work; or

               (b)    the removal of power, light or telecommunication poles.

derrick crane means a slewing strut‑boom crane with its boom pivoted at the base of a mast that is:

                (a)    guyed (guy‑derrick) or held by backstays (stiff‑legged derrick); and

               (b)    capable of luffing under load.

designer, in relation to plant, a substance or a structure, has the same meaning as it has in section 22 of the Act.

determined major hazard facility means a facility that has been determined under regulation 541 or 542 to be a major hazard facility.

direct fired process heater means an arrangement of one or more coils, located in the radiant zone or convection zone, or both, of a combustion chamber, the primary purpose of which is to raise the temperature of a process fluid circulated through the coils, to allow distillation, fractionalism, reaction or other petrochemical processing of the process fluid, whether that fluid is liquid or gas, or a combination of liquid and gas.

dogging work means:

                (a)    the application of slinging techniques, including the selection and inspection of lifting gear, to safely sling a load; or

               (b)    the directing of a plant operator in the movement of a load when the load is out of the operator’s view.

duty holder, in Part 3.1, means a person referred to in regulation 32.

EANx, in Part 4.8, means a mixture of oxygen and nitrogen in which the volume of oxygen is at least 22%.

earthmoving machinery means operator controlled plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include a tractor or industrial lift truck.

electrical equipment — see regulation 144 (and regulation 148 for Division 3 of Part 4.7).

electrical installation—see regulation 145 (and regulation 148 for Division 3 of Part 4.7).

electrical risk means risk to a person of death, shock or other injury caused directly or indirectly by electricity.

electrical work — see regulation 146.

electricity supply authority means:

                (a)    a person or body that is an electricity supply authority under a corresponding WHS law; or

               (b)    if there is no corresponding law of a State that identifies an electrical supply authority — a person or body permitted or licensed under a law of a State regulating the electricity industry to distribute, generate or transmit electricity.

emergency service organisation means:

                (a)    each of the following:

                          (i)    a police force or service;

                         (ii)    a fire service;

                        (iii)    an ambulance service;

                        (iv)    a coast guard service, rescue service or emergency service; and

               (b)    the Defence Force when its members are engaged in a civil emergency or disaster relief operation; and

                (c)    an organisation that is an emergency service organisation in accordance with regulations made under a corresponding WHS law.

engineering control means a control measure that is physical in nature, including a mechanical device or process.

entry, by a person into a confined space, means the person’s head or upper body is in the confined space or within the boundary of the confined space.

essential services means the supply of:

                (a)    gas, water, sewerage, telecommunications, electricity and similar services; or

               (b)    chemicals, fuel and refrigerant in pipes or lines.

excavation means a trench, tunnel or shaft, but does not include:

                (a)    a mine; or

               (b)    a bore:

                          (i)    to which a law, mentioned in the definition of excavation in a corresponding WHS law, applies; or

                         (ii)    if there is no law mentioned in the definition of excavation in a corresponding WHS law — a bore that is regulated under a law of a State; or

                (c)    a trench for use as a place of interment.

excavation work means work to:

                (a)    make an excavation; or

               (b)    fill or partly fill an excavation.

exposure standard, except in Part 4.1, means an exposure standard in the Workplace Exposure Standard for Airborne Contaminants.

exposure standard for noise — see regulation 56.

external review means an external review under Part 11.1.

extra‑low voltage means voltage that does not exceed 50 volts alternating current (50V AC) or 120 volts ripple‑free direct current (120V ripple‑free DC).

facility, in Chapter 9, means a workplace at which Schedule 15 chemicals are present or likely to be present.

fall arrest system means plant or material designed to arrest a fall.

Example

An industrial safety net, a catch platform, a safety harness system (other than a system that relies entirely on a restraint technique system).

fault, in relation to plant, means a break or defect that may cause the plant to present a risk to health and safety.

female of reproductive capacity, in Part 7.2, means a female other than a female who provides information stating that she is not of reproductive capacity.

fire risk hazardous chemical means a hazardous chemical that:

                (a)    is any of the following:

                          (i)    a flammable gas;

                         (ii)    a flammable liquid (hazard category 1 to 3);

                        (iii)    a flammable solid;

                        (iv)    a substance liable to spontaneous combustion;

                         (v)    a substance which, in contact with water, emits flammable gases;

                        (vi)    an oxidizing substance;

                       (vii)    an organic peroxide; and

               (b)    burns readily or supports combustion.

fitness criteria, in relation to diving work, means the fitness criteria specified in clause M4 of Appendix M to AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice).

flammable gas has the same meaning as it has in the GHS.

flammable liquid means a flammable liquid within the meaning of the GHS that has a flash point of less than 93 °C.

forklift truck, in Schedules 3 and 4, means a powered industrial truck equipped with lifting media made up of a mast and an elevating load carriage to which is attached a pair of fork arms or other arms that can be raised 900 mm or more above the ground, but does not include a pedestrian‑operated truck or a pallet truck.

friable asbestos means material that:

                (a)    is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry; and

               (b)    contains asbestos.

gantry crane means a crane that:

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

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

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

gas cylinder means a rigid vessel:

                (a)    that does not exceed 3 000 litres water capacity and is without openings or integral attachments on the shell other than at the ends; and

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

                (c)    that is covered by AS 2030.1:2009 (Gas cylinders—General requirements).

general construction induction training means training delivered in Australia by an RTO for the specified VET course for general construction induction training.

general construction induction training card means:

                (a)    in Division 2 of Part 6.5 — a general construction induction training card issued:

                          (i)    under that Division; or

                         (ii)    by an RTO under an agreement between the regulator and an RTO or a corresponding regulator and an RTO; or

               (b)    in any other case — a general construction induction training card issued:

                          (i)    under Division 2 of Part 6.5 or under a corresponding WHS law; or

                         (ii)    by an RTO under an agreement between the regulator and an RTO or a corresponding regulator and an RTO.

general construction induction training certification means a certification for the completion of the specified VET course for general construction induction training.

general diving work means work carried out in or under water while breathing compressed gas, and includes:

                (a)    incidental diving work; and

               (b)    limited scientific diving work;

but does not include high risk diving work.

genuine research means systematic investigative or experimental activities that are carried out for either acquiring new knowledge (whether or not the knowledge will have a specific practical application) or creating new or improved materials, products, devices, processes or services.

GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under Schedule 6.

Note   The Schedule 6 tables replace some tables in the GHS.

hazard category means a division of criteria within a hazard class in the GHS.

hazard class means the nature of a physical, health or environmental hazard under the GHS.

hazard pictogram means a graphical composition, including a symbol plus other graphical elements, that is assigned in the GHS to a hazard class or hazard category.

hazard statement means a statement assigned in the GHS to a hazard class or hazard category describing the nature of the hazards of a hazardous chemical including, if appropriate, the degree of hazard.

hazardous area means a hazardous area under:

                (a)    AS/NZS 60079.10 (Electrical apparatus for explosive gas atmospheres — Classification of hazardous areas); or

               (b)    AS/NZS 61241.10 (Electrical apparatus for use in the presence of combustible dusts — Classification of areas where combustible dusts may be present).

hazardous chemical means a substance, mixture or article that satisfies the criteria for a hazard class in the GHS (including a classification referred to in Schedule 6), but does not include a substance, mixture or article that satisfies the criteria solely for one of the following hazard classes:

                (a)    acute toxicity—oral — category 5;

               (b)    acute toxicity—dermal — category 5;

                (c)    acute toxicity—inhalation — category 5;

               (d)    skin corrosion/irritation — category 3;

                (e)    serious eye damage/eye irritation — category 2B;

                (f)    aspiration hazard — category 2;

               (g)    flammable gas — category 2;

               (h)    acute hazard to the aquatic environment — category 1, 2 or 3;

                (i)    chronic hazard to the aquatic environment — category 1, 2, 3 or 4;

                (j)    hazardous to the ozone layer.

Note   The Schedule 6 tables replace some tables in the GHS.

hazardous manual task means a task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing that involves one or more of the following:

                (a)    repetitive or sustained force;

               (b)    high or sudden force;

                (c)    repetitive movement;

               (d)    sustained or awkward posture;

                (e)    exposure to vibration.

Examples

1   A task requiring a person to restrain live animals.

2   A task requiring a person to lift or move loads that are unstable or unbalanced or are difficult to grasp or hold.

3   A task requiring a person to sort objects on a conveyor belt.

Hazchem Code means a Hazchem Code under the ADG Code, also known as an Emergency Action Code.

head or upper body means the area of a person’s body at or above the person’s shoulders.

health monitoring, of a person, means monitoring the person to identify changes in the person’s health status because of exposure to certain substances.

heritage boiler means a boiler that:

                (a)    was manufactured before 1952; and

               (b)    is used for a historical purpose or activity, including an activity that is ancillary to a historical activity.

Examples

1   Historical activity: a historical display, parade, demonstration or re‑enactment.

2   Activity ancillary to a historical activity: restoring, maintaining, modifying, servicing, repairing or housing a boiler used, or to be used, for a historical activity.

high risk construction work — see regulation 291.

high risk diving work means work:

                (a)    carried out in or under water or any other liquid while breathing compressed gas; and

               (b)    involving one or more of the following:

                          (i)    construction work;

Note 1   Subparagraph (ii) includes some additional construction‑related activities.

Note 2   For construction work generally, see Chapter 6. For the meaning of construction work, see regulation 289.

                         (ii)    work of the kind described in paragraph 289 (3) (d);

                        (iii)    inspection work carried out in order to determine whether or not work described in subparagraph (i) or (ii) is necessary;

                        (iv)    the recovery or salvage of a large structure or large item of plant for commercial purposes;

but does not include minor work carried out in the sea or the waters of a bay or inlet or a marina that involves cleaning, inspecting, maintaining or searching for a vessel or mooring.

high risk work means any work set out in Schedule 3 as being within the scope of a high risk work licence.

high risk work licence means any of the licences listed in Schedule 3.

hoist means an appliance intended for raising or lowering a load or people, and includes an elevating work platform, a mast climbing work platform, personnel and materials hoist, scaffolding hoist and serial hoist, but does not include a lift or building maintenance equipment.

ignition source means a source of energy capable of igniting flammable or combustible substances.

importer, in relation to plant, a substance or a structure, has the same meaning as it has in section 24 of the Act.

incidental diving work means general diving work that:

                (a)    is incidental to the conduct of the business or undertaking in which the diving work is carried out; and

Example

Acting underwater is incidental to the business or undertaking of filming.

               (b)    involves limited diving; and

                (c)    is carried out while being accompanied and supervised in the water by a person who has the qualifications or experience specified in regulation 171.

independent, in relation to clearance inspections and air monitoring under Chapter 8, means:

                (a)    not involved in the removal of the asbestos; and

               (b)    not involved in a business or undertaking involved in the removal of the asbestos;

in relation to which the inspection or monitoring is conducted.

industrial lift truck means powered mobile plant, designed to move goods, materials or equipment that is equipped with an elevating load carriage and is in the normal course of use equipped with a load‑holding attachment, but does not include a mobile crane or earthmoving machinery.

industrial robot means plant that is a multifunctional manipulator and its controllers, capable of handling materials, parts or tools, or specialised devices, through variable programmed motions for the performance of a variety of tasks.

in situ asbestos means asbestos or ACM fixed or installed in a structure, equipment or plant, but does not include naturally occurring asbestos.

intermediate bulk container (IBC) has the same meaning as IBC has in the ADG Code.

internal review means internal review under Part 11.1.

in transit, in relation to a thing, means that the thing:

                (a)    is supplied to, or stored at, a workplace in containers that are not opened at the workplace; and

               (b)    is not used at the workplace; and

                (c)    is kept at the workplace for not more than 5 consecutive days.

lead means lead metal, lead alloys, inorganic lead compounds and lead salts of organic acids.

lead process — see regulation 392.

lead process area means a workplace or part of a workplace where a lead process is carried out.

lead risk work — see regulation 394.

licence holder means:

                (a)    in the case of a high risk work licence — the person who is licensed to carry out the work; or

               (b)    in the case of an asbestos assessor licence — the person who is licensed:

                          (i)    to carry out air monitoring during Class A asbestos removal work; and

                         (ii)    to carry out clearance inspections of Class A asbestos removal work; and

                        (iii)    to issue clearance certificates in relation to Class A asbestos removal work; or

                (c)    in the case of an asbestos removal licence — the person conducting the business or undertaking to whom the licence is granted; or

               (d)    in the case of a major hazard facility licence—the operator of the major hazard facility to whom the licence is granted or transferred.

licensed asbestos assessor means a person who holds an asbestos assessor licence.

licensed asbestos removalist means a person conducting a business or undertaking who is licensed under these Regulations to carry out Class A asbestos removal work or Class B asbestos removal work.

licensed asbestos removal work means asbestos removal work for which a Class A asbestos removal licence or Class B asbestos removal licence is required.

licensed major hazard facility means a major hazard facility that is licensed under Part 9.7.

lift means plant that is, or is intended to be, permanently installed in or attached to a structure, in which people, goods or materials may be raised or lowered within a car or cage, or on a platform and the movement of which is restricted by a guide or guides, and includes:

                (a)    a chairlift, escalator, moving walkway and stairway lift; and

               (b)    any supporting structure, machinery, equipment, gear, lift well, enclosures and entrances.

limited diving means diving that does not involve any of the following:

                (a)    diving to a depth below 30 metres;

               (b)    the need for a decompression stop;

                (c)    the use of mechanical lifting equipment or a buoyancy lifting device;

               (d)    diving beneath anything that would require the diver to move sideways before being able to ascend;

                (e)    the use of plant that is powered from the surface;

                (f)    diving for more than 28 days during a period of 6 months.

limited scientific diving work means general diving work that:

                (a)    is carried out for the purpose of professional scientific research, natural resource management or scientific research as an educational activity; and

               (b)    involves only limited diving.

local authority, in relation to a facility, means the local authority for the local authority area in which the facility and the surrounding area are located.

local community, in relation to a major hazard facility, means the community in the surrounding area.

lower explosive limit (LEL), in relation to a flammable gas, vapour or mist, means the concentration of the gas, vapour or mist in air below which the propagation of a flame does not occur on contact with an ignition source.

maintain, in relation to plant or a structure in Chapter 5, includes repair or servicing of plant or a structure.

major hazard facility means a facility:

                (a)    at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity; or

               (b)    that is determined by the regulator under Part 9.2 to be a major hazard facility.

major hazard facility licence means a licence granted under Part 9.7 in relation to a major hazard facility.

major incident — see regulation 531.

major incident hazard means a hazard that could cause, or contribute to causing, a major incident.

manifest means a written summary of the hazardous chemicals used, handled or stored at a workplace.

Note   See Schedule 12 (Manifest requirements) for what a manifest must contain.

manifest quantity, in relation to a Schedule 11 hazardous chemical, means the manifest quantity referred to in Schedule 11, table 11.1, column 5 for that hazardous chemical.

manufacturer, in relation to plant, a substance or a structure, has the same meaning as it has in section 23 of the Act.

mast climbing work platform means a hoist with a working platform used for temporary purposes to raise personnel and materials to the working position by means of a drive system mounted on an extendable mast that may be tied to a structure.

materials hoist means a hoist that:

                (a)    consists of a car, bucket or platform cantilevered from, and travelling up and down outside, a face of the support of a structure; and

               (b)    is used for hoisting things and substances but not persons.

membrane filter method means the membrane filter method described in the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres [NOHSC:3003 (2005)].

mixture in Part 7.1, means a combination of, or a solution composed of, 2 or more substances that do not react with each other.

mobile crane means a crane capable of travelling over a supporting surface without the need for fixed runways and relying only on gravity for stability.

modification, in relation to a facility — see regulation 534.

musculoskeletal disorder means an injury to, or disease of, the musculoskeletal system, whether occurring suddenly or over time, but does not include an injury caused by crushing, entrapment or cutting resulting principally from the mechanical operation of plant.

NATA means the National Association of Testing Authorities, Australia.

NATA‑accredited laboratory means a testing laboratory accredited by NATA, or recognised by NATA either solely or with someone else.

naturally occurring asbestos means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil.

non‑friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound.

Note   Non‑friable asbestos may become friable asbestos through deterioration (see definition of friable asbestos).

non‑slewing mobile crane means a mobile crane incorporating a boom or jib that cannot be slewed, and includes:

                (a)    an articulated mobile crane; or

               (b)    a locomotive crane;

but does not include vehicle tow trucks.

notice of satisfactory assessment means a notice stating that the person to whom it is issued has successfully completed a specified VET course.

OHS Act means the Occupational Health and Safety Act 1991.

OHS Regulations means the Occupational Health and Safety (Safety Standards) Regulations 1994.

operator, in relation to a facility or a proposed facility — see regulation 533.

operator protective device, includes a roll‑over protective structure, falling object protective structure, operator restraining device and seat belt.

order‑picking forklift truck, in Schedules 3 and 4, means a forklift truck where the operator’s controls are incorporated with the lifting media and elevate with the lifting media.

packaged hazardous chemicals means Schedule 11 hazardous chemicals in a container with:

                (a)    a capacity not exceeding 500 litres; or

               (b)    a net mass not exceeding 500 kilograms.

person with management or control of plant at a workplace has the same meaning as it has in section 21 of the Act.

person with management or control of a workplace has the same meaning as it has in section 20 of the Act.

personal protective equipment means anything used or worn by a person to minimise risk to the person’s health and safety, including air supplied respiratory equipment.

personnel and materials hoist means a hoist:

                (a)    that is a cantilever hoist, a tower hoist or several winches configured to operate as a hoist; and

               (b)    that is intended to carry goods, materials or people.

pipeline means pipe work that crosses a boundary of a workplace, beginning or ending at the nearest fluid or slurry control point (along the axis of the pipeline) to the boundary.

pipe work means a pipe or assembly of pipes, pipe fittings, valves and pipe accessories used to convey a hazardous chemical.

placard means a sign or notice:

                (a)    displayed or intended for display in a prominent place, or next to a container or storage area for hazardous chemicals at a workplace; and

               (b)    that contains information about the hazardous chemical stored in the container or storage area.

placard quantity, in relation to a Schedule 11 hazardous chemical, means the placard quantity referred to in Schedule 11, table 11.1, column 4 for the Schedule 11 hazardous chemical.

plant, in Parts 5.2 and 5.3, includes a structure.

portal boom crane means a boom crane or a jib crane that is mounted on a portal frame that, in turn, is supported on runways along which the crane travels.

powered mobile plant means plant that is provided with some form of self‑propulsion that is ordinarily under the direct control of an operator.

precautionary statement means a phrase prescribed by the GHS that describes measures that are recommended to be taken to prevent or minimise:

                (a)    the adverse effects of exposure to a hazardous chemical; or

               (b)    improper handling of a hazardous chemical.

presence‑sensing safeguarding system includes:

                (a)    a sensing system that uses one or more forms of radiation either self‑generated or otherwise generated by pressure; and

               (b)    the interface between the final switching devices of the sensing system and the machine primary control elements; and

                (c)    the machine stopping capabilities, by which the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state.

pressure equipment means boilers, pressure vessels and pressure piping.

pressure piping:

                (a)    means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey liquid or to transmit liquid pressure; and

               (b)    includes distribution headers, bolting, gaskets, pipe supports and pressure containing accessories; and

                (c)    does not include a boiler or pressure vessel; and

               (d)    does not include:

                          (i)    any piping that is regulated under a law, mentioned in the definition of pressure piping in regulations made under a corresponding WHS law; or

                         (ii)    if there is no law mention in the definition of pressure piping in a corresponding WHS law — piping that is regulated by a law of a State and used for the transmission or distribution of water, gas or oil or other fluid.

pressure vessel:

                (a)    means a vessel subject to internal or external pressure; and

               (b)    includes:

                          (i)    interconnected parts and components, valves, gauges and other fittings up to the first point of connection to connecting piping; and

                         (ii)    fired heaters; and

                        (iii)    gas cylinders; but

                (c)    does not include a boiler or pressure .piping.

primary emergency services organisation means an organisation that is a primary emergency services organisation in accordance with regulations made under a corresponding WHS law.

principal contractor, in relation to a construction project — see regulation 293.

product identifier means the name or number used to identify a product on a label or in a safety data sheet.

prohibited carcinogen means a substance:

                (a)    listed in Schedule 10, table 10.1, column 2; and

               (b)    present in a concentration of:

                          (i)    for a solid or liquid — 0.1% or more, determined as a weight/weight (w/w) concentration; and

                         (ii)    for a gas — 0.1% or more, determined as a volume/volume (v/v) concentration.

proposed facility means:

                (a)    an existing workplace that is to become a facility due to the introduction of Schedule 15 chemicals; or

               (b)    a facility that is being designed or constructed.

proposed major hazard facility means:

                (a)    an existing facility or other workplace that is to become a major hazard facility due to the introduction of Schedule 15 chemicals or the addition of further Schedule 15 chemicals; or

               (b)    a major hazard facility that is being designed or constructed.

quantity, in Chapter 7, means:

                (a)    for a hazardous chemical that is not a liquid or a gas or a gas under pressure and is in a container or storage or handling system — the mass in kilograms of the hazardous chemical in the container or storage or handling system; and

               (b)    for a hazardous chemical that is a liquid and is not a gas under pressure and is in a container or storage or handling system — the net capacity in litres of the container or storage or handling system; and

                (c)    for a hazardous chemical that is a gas or gas under pressure in a container or storage or handling system — the water capacity in litres of the container or storage or handling system; and

               (d)    for a hazardous chemical that is not a liquid and is in bulk and not in a container — the undivided mass in kilograms; and

                (e)    for a hazardous chemical that is a thing and is not a gas — the net capacity of the part of the thing that comprises a hazardous chemical.

reach stacker means a powered reach stacker that incorporates an attachment for lifting and lowering a shipping container.

reciprocating steam engine means equipment that is driven by steam acting on a piston causing the piston to move, and includes an expanding (steam) reciprocating engine.

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).

registered training organisation (RTO) means a training organisation listed as a registered training organisation on the National Register established under the National Vocational Education and Training Regulator Act 2011.

relevant fee, in relation to a matter, means the fee specified in Schedule 2 for that matter.

research chemical means a substance or mixture that:

                (a)    is manufactured in a laboratory for genuine research; and

               (b)    is not for use or supply for a purpose other than genuine research or analysis.

respirable asbestos fibre means an asbestos fibre that:

                (a)    is less than 3 micrometres wide; and

               (b)    more than 5 micrometres long; and

                (c)    has a length to width ratio of more than 3:1.

restricted carcinogen means a substance:

                (a)    listed in Schedule 10, table 10.2, column 2 for a use listed in column 3; and

               (b)    present in a concentration of:

                          (i)    for a solid or liquid — 0.1% or more, determined as a weight/weight (w/w) concentration; and

                         (ii)    for a gas — 0.1% or more, determined as a volume/volume (v/v) concentration.

retailer means a person whose principal business is supplying consumer products to members of the public who are not engaged in the further supply of those products.

rigging work means:

                (a)    the use of mechanical load shifting equipment and associated gear to move, place or secure a load using plant, equipment or members of a structure to ensure the stability of those members; or

               (b)    the setting up or dismantling of cranes or hoists.

safe oxygen level means a minimum oxygen content in air of 19.5% by volume under normal atmospheric pressure and a maximum oxygen content of air of 23.5% by volume under normal atmospheric pressure.

Safe Work Australia means Safe Work Australia as established under section 5 of the Safe Work Australia Act 2008.

safe work method statement means:

                (a)    in relation to electrical work on energised electrical equipment — a safe work method statement prepared under regulation 161; or

               (b)    in relation to high risk construction work — a safe work method statement referred to in regulation 299 (as revised under regulation 302).

safety data sheet means a safety data sheet prepared under regulation 330 or 331.

scaffold means a temporary structure specifically erected to support access or working platforms.

scaffolding work means erecting, altering or dismantling a temporary structure that is or has been erected to support a platform and from which a person or object could fall more than 4 metres from the platform or the structure.

Schedule 11 hazardous chemical means a hazardous chemical or combination of hazardous chemicals specified in Schedule 11, table 11.1.

Schedule 15 chemical means a hazardous chemical that:

                (a)    is specified in Schedule 15, table 15.1; or

               (b)    belongs to a class, type or category of hazardous chemicals specified in Schedule 15, table 15.2.

self‑erecting tower crane means a crane:

                (a)    that is not disassembled into a tower element and a boom or jib element in the normal course of use; and

               (b)    where the erection and dismantling processes are an inherent part of the crane’s function.

shaft means a vertical or inclined way or opening, from the surface downwards or from any underground working, the dimensions of which (apart from the perimeter) are less than its depth.

signal word means the word ‘danger’ or ‘warning’ used on a label to indicate to a label reader the relative severity level of a hazard, and to alert the reader to a potential hazard, under the GHS.

slewing mobile crane means a mobile crane incorporating a boom or jib that can be slewed, but does not include:

                (a)    a front‑end loader; or

               (b)    a backhoe; or

                (c)    an excavator; or

               (d)    other earth moving equipment;

when configured for crane operation.

slinging techniques means the exercising of judgement in relation to the suitability and condition of lifting gear and the method of slinging, by consideration of the nature of the load, its mass and its centre of gravity.

specified VET course means:

                (a)    in relation to general construction induction training — the VET course Work Safely in the Construction Industry or a corresponding subsequent VET accredited course; or

               (b)    in relation to Class A asbestos removal work — the following VET courses:

                          (i)    Remove non friable asbestos;

                         (ii)    Remove friable asbestos; or

                (c)    in relation to Class B asbestos removal work — the VET course Remove non friable asbestos; or

               (d)    in relation to the supervision of asbestos removal work — the VET course Supervise asbestos removal; or

                (e)    in relation to asbestos assessor work — the VET course Conduct asbestos assessment associated with removal.

structure, in Chapter 6 — see regulation 290.

substance, in Part 7.1, means a chemical element or compound in its natural state or obtained or generated by a process:

                (a)    including any additive necessary to preserve the stability of the element or compound and any impurities deriving from the process; but

               (b)    excluding any solvent that may be separated without affecting the stability of the element or compound, or changing its composition.

supplier, in relation to plant, a substance or a structure, has the same meaning as it has in section 25 of the Act.

surrounding area, in relation to a facility, means the area surrounding the facility in which the health and safety of persons could potentially be adversely affected by a major incident occurring.

suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use.

technical name, in the definition of chemical identity, means a name that is:

                (a)    ordinarily used in commerce, regulations and codes to identify a substance or mixture, other than an International Union of Pure and Applied Chemistry or Chemical Abstracts Service name; and

               (b)    recognised by the scientific community.

temporary work platform means:

                (a)    a fixed, mobile or suspended scaffold; or

               (b)    an elevating work platform; or

                (c)    a mast climbing work platform; or

               (d)    a work box supported by a crane, hoist, forklift truck or other form of mechanical plant; or

                (e)    building maintenance equipment, including a building maintenance unit; or

                (f)    a portable or mobile fabricated platform; or

               (g)    any other temporary platform that:

                          (i)    provides a working area; and

                         (ii)    is designed to prevent a fall.

theatrical performance means acting, singing, playing a musical instrument, dancing or otherwise performing literary or artistic works or expressions of traditional custom or folklore.

threshold quantity, in relation to a Schedule 15 chemical, means:

                (a)    the threshold quantity of a specific hazardous chemical as determined under clause 3 of Schedule 15; or

               (b)    the aggregate threshold quantity of 2 or more hazardous chemicals as determined under clause 4 of Schedule 15.

tower crane means:

                (a)    a boom crane or a jib crane mounted on a tower structure; and

               (b)    in Schedule 3:

                          (i)    the crane, if a jib crane, may be a horizontal or luffing jib type; and

                         (ii)    the tower structure may be demountable or permanent;

but, in Schedule 3, does not include a self‑erecting tower crane.

tractor means a motor vehicle, whether wheeled or track mounted, designed to provide power and movement to any attached machine or implement by a transmission shaft, belt or linkage system but does not include earthmoving machinery.

trench means a horizontal or inclined way or opening:

                (a)    the length of which is greater than its width and greater than or equal to its depth; and

               (b)    that commences at and extends below the surface of the ground; and

                (c)    that is open to the surface along its length.

tunnel means an underground passage or opening that:

                (a)    is approximately horizontal; and

               (b)    commences at the surface of the ground or at an excavation.

turbine means equipment that is driven by steam acting on a turbine or rotor to cause a rotary motion.

UN number has the same meaning as it has in Attachment 2 of the ADG Code.

vehicle hoist means a device to hoist vehicles designed to provide access for under‑chassis examination or service.

vehicle loading crane means a crane mounted on a vehicle for the purpose of loading and unloading the vehicle.

VET course has the same meaning as it has in the National Vocational Education and Training Regulator Act 2011.

WHS management plan, in relation to a construction project, means a management plan prepared or revised under Part 6.4.

work box means a personnel carrying device, designed to be suspended from a crane, to provide a working area for a person elevated by and working from the device.

work positioning system means any plant or structure, other than a temporary work platform, that enables a person to be positioned and safely supported at a location for the duration of the relevant work being carried out.

         (2)   Unless the context otherwise requires:

                (a)    a reference in these Regulations to a Chapter by a number must be construed as reference to the Chapter, designated by that number, of these Regulations; and

               (b)    a reference in these Regulations to a Part by a number must be construed as reference to the Part, designated by that number, of these Regulations.

6              Determination of safety management system

                The regulator may make a determination for the purposes of the definition of certified safety management system.

6A           Meaning of corresponding WHS law

                For paragraph (i) of the definition of corresponding WHS law in section 4 of the Act, the laws set out in the table are prescribed.

Item

Law

New South Wales

1

Regulations made under the Work Health and Safety Act 2011

2

Occupational Health and Safety Act 2000

3

An instrument made under the Occupational Health and Safety Act 2000

4

Any other law relating to occupational health and safety matters

Victoria

5

Regulations made under the Work Health and Safety Act 2011

6

Occupational Health and Safety Act 1985

7

An instrument made under the Occupational Health and Safety Act 1985

8

Occupational Health and Safety Act 2004

9

An instrument made under the Occupational Health and Safety Act 2004

10

Any other law relating to occupational health and safety matters

Queensland

11

Regulations made under the Work Health and Safety Act 2011

12

Workplace Health and Safety Act 1995

13

An instrument made under the Workplace Health and Safety Act 1995

14

Any other law relating to occupational health and safety matters

Western Australia

15

Regulations made under the Work Health and Safety Act 2011

16

Occupational Safety and Health Act 1984

17

An instrument made under the Occupational Safety and Health Act 1984

18

Industrial Relations Act 1979

19

An instrument made under the Industrial Relations Act 1979

20

Any other law relating to occupational health and safety matters

South Australia

21

Regulations made under the Work Health and Safety Act 2011

22

Occupational Health, Safety and Welfare Act 1986

23

An instrument made under the Occupational Health, Safety and Welfare Act 1986

24

Any other law relating to occupational health and safety matters

Tasmania

25

Regulations made under the Work Health and Safety Act 2011

26

Workplace Health and Safety Act 1995

27

An instrument made under the Workplace Health and Safety Act 1995

28

Any other law relating to occupational health and safety matters

Australian Capital Territory

29

Regulations made under the Work Health and Safety Act 2011

30

Work Safety Act 2008

31

An instrument made under the Work Safety Act 2008

32

Any other law relating to occupational health and safety matters

Northern Territory

33

Regulations made under the Work Health and Safety (National Uniform Legislation) Act 2011

34

Workplace Health and Safety Act

35

An instrument made under the Workplace Health and Safety Act

36

Any other law relating to occupational health and safety matters

6B           Meaning of court

                For paragraph (d) of the definition of court in section 4 of the Act, the courts of a State set out in the table are prescribed.

Item

Court

1

A district court

2

A local court

3

A magistrates court

4

The Industrial Relations Court of South Australia

6C           Meaning of public authority

                For paragraph (c) of the definition of public authority in section 4 of the Act, the bodies corporate set out in the table are prescribed.

Item

Body corporate

1

ASC Engineering Pty Ltd

2

ASC Modules Pty Ltd

3

ASC Shipbuilding Pty Ltd

4

ASC AWD Shipbuilder Pty Ltd

5

Deep Blue Tech Pty Ltd

6

Australian Health Management Group Pty Ltd

7

The Travel Doctor TVMC Pty Ltd

8

Work Solutions Australia Pty Ltd

9

Medibank Health Solutions Pty Limited

10

Medibank Health Solutions Telehealth Pty Limited

11

Fitness2live Pty Limited

12

WLAN Services Pty Ltd

13

SBS Subscription TV Ltd

14

National Gallery of Australia Foundation

15

Geospend Pty Ltd

16

Post Fulfilment Online Pty Ltd

17

Decipha Pty Ltd

18

SecurePay Pty Ltd

19

Australia Post Transaction Services Pty Ltd

20

Note Printing Australia Limited

7              Meaning of person conducting a business or undertaking — persons excluded

         (1)   For subsection 5 (6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.

         (2)   Subregulation (1) does not apply if the strata title body corporate engages any worker as an employee.

         (3)   For subsection 5 (6) of the Act, an incorporated association may be taken not to be a person conducting a business or undertaking if the incorporated association consists of a group of volunteers working together for one or more community purposes where:

                (a)    the incorporated association, either alone or jointly with any other similar incorporated association, does not employ any person to carry out work for the incorporated association; and

               (b)    none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the incorporated association.

         (4)   In this regulation:

strata title body corporate means an body that is a strata title body corporate in accordance with regulations made under a corresponding WHS law.

8              Meaning of supply

                For paragraph 6 (3) (b) of the Act, a supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply.

Examples

1   An auctioneer who auctions a thing without having possession of the thing.

2   A real estate agent acting in his or her capacity as a real estate agent.

9              Provisions linked to health and safety duties in Act

                If a note at the foot of a provision of these Regulations states ‘WHS Act’, followed by a reference to a section number, the regulation provision sets out the way in which a person’s duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision.

Note   A failure to comply with a duty or obligation under a section of the Act referred to in a ‘WHS Act’ note is an offence to which a penalty applies.

Part 1.2              Application

  

Note   In some jurisdictions, Schedule 1 of the corresponding WHS law applies that law to work health and safety issues arising from the storage and handling of dangerous goods and the operation or use of high risk plant. This is not the case under the Commonwealth Act, and these Regulations do not include the regulation 10 which appears in regulations made under those corresponding WHS laws.

11            Application of these Regulations

                A duty imposed on a person under a provision of these Regulations in relation to health and safety does not limit or affect any duty the person has under the Act or, unless otherwise expressly provided, any other provision of these Regulations.

12            Assessment of risk in relation to a class of hazards, tasks, circumstances or things

                If these Regulations require an assessment of risks to health and safety associated with a hazard, task, thing or circumstance, an assessment of risks associated with a class of hazards, tasks, things or circumstances may be conducted if:

                (a)    all hazards, tasks, things or circumstances in the class are the same; and

               (b)    the assessment of risks for the class does not result in any worker or other person being exposed to a greater, additional or different risk to health and safety than if the risk assessment were carried out in relation to each individual hazard, task, thing or circumstance.

Part 1.3              Incorporated documents

  

13            Documents incorporated as in force when incorporated

                A reference to any document applied, adopted or incorporated by, or referred to in, these Regulations is to be read as a reference to that document as in force at the time the document is applied, adopted, incorporated or referred to unless express provision is made to the contrary.

14            Inconsistencies between provisions

                If a provision of any document applied, adopted or incorporated by, or referred to in, these Regulations is inconsistent with any provision in these Regulations, the provision of these Regulations prevails.

15            References to standards

         (1)   In these Regulations, a reference consisting of the words ‘Australian Standard’ or the letters ‘AS’ followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published by or on behalf of Standards Australia.

         (2)   In these Regulations, a reference consisting of the expression ‘Australian/New Zealand Standard’ or ‘AS/NZS’ followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and the Standards Council of New Zealand.

Chapter 2    Representation and participation

Part 2.1              Representation

Division 1              Work groups

16            Negotiations for and determination of work groups

                Negotiations for and determination of work groups and variations of work groups must be directed at ensuring that the workers are grouped in a way that:

                (a)    most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented; and

               (b)    has regard to the need for a health and safety representative for the work group to be readily accessible to each worker in the work group.

Note   Under the Act, a work group may be determined for workers at more than one workplace (subsection 51 (3)) or for workers carrying out work for 2 or more persons conducting businesses or undertakings at one or more workplaces (Subdivision 3 of Division 3 of Part 5 of the Act).

17            Matters to be taken into account in negotiations

                For the purposes of subsections 52 (6) and 56 (4) of the Act, negotiations for and determination of work groups and variation of agreements concerning work groups must take into account all relevant matters including the following:

                (a)    the number of workers;

               (b)    the views of workers in relation to the determination and variation of work groups;

                (c)    the nature of each type of work carried out by the workers;

               (d)    the number and grouping of workers who carry out the same or similar types of work;

                (e)    the areas or places where each type of work is carried out;

                (f)    the extent to which any worker must move from place to place while at work;

               (g)    the diversity of workers and their work;

               (h)    the nature of any hazards at the workplace or workplaces;

                (i)    the nature of any risks to health and safety at the workplace or workplaces;

                (j)    the nature of the engagement of each worker, for example as an employee or as a contractor;

               (k)    the pattern of work carried out by workers, for example whether the work is full‑time, part‑time, casual or short‑term;

                (l)    the times at which work is carried out;

              (m)    any arrangements at the workplace or workplaces relating to overtime or shift work.

Division 2              Health and safety representatives

18            Procedures for election of health and safety representatives

         (1)   This regulation sets out minimum procedural requirements for the election of a health and safety representative for a work group for the purposes of subsection 61 (2) of the Act.

         (2)   The person conducting the election must take all reasonable steps to ensure that the following procedures are complied with:

                (a)    each person conducting a business or undertaking in which a worker in the work group works is informed of the date on which the election is to be held as soon as practicable after the date is determined;

               (b)    all workers in the work group are given an opportunity to:

                          (i)    nominate for the position of health and safety representative; and

                         (ii)    vote in the election;

                (c)    all workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election.

19            Person conducting business or undertaking must not delay election

                A person conducting a business or undertaking at a workplace must not unreasonably delay the election of a health and safety representative.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

20            Removal of health and safety representatives

         (1)   For paragraph 64 (2) (d) of the Act, the majority of the members of a work group may remove a health and safety representative for the work group if the members sign a written declaration that the health and safety representative should no longer represent the work group.

         (2)   A member of the work group nominated by the members who signed the declaration must, as soon as practicable:

                (a)    inform the following persons of the removal of the health and safety representative:

                          (i)    the health and safety representative who has been removed;

                         (ii)    each person conducting a business or undertaking in which a worker in the work group works; and

               (b)    take all reasonable steps to inform all members of the work group of the removal.

         (3)   The removal of the health and safety representative takes effect when the persons referred to in paragraph (2) (a) and the majority of members of the work group have been informed of the removal.

21            Training for health and safety representatives

         (1)   For subsection 72 (1) of the Act, a health and safety representative is entitled to attend the following courses of training in work health and safety:

                (a)    an initial course of training of 5 days;

               (b)    one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training.

         (2)   In approving a course of training in work health and safety for subsection 72 (1) of the Act, the regulator may have regard to all relevant matters including:

                (a)    the content and quality of the curriculum, including its relevance to the powers and functions of a health and safety representative;

               (b)    the qualifications, knowledge and experience of the person who is to provide the course.

Note 1   This regulation prescribes courses of training to which a health and safety representative is entitled. In addition to these courses, the health and safety representative and the person conducting the business or undertaking may agree that the representative will attend or receive further training.

Note 2   Under section 33 of the Acts Interpretation Act 1901, the power to approve a course of training includes a power to revoke or vary the approval.

Part 2.2              Issue Resolution

  

22            Agreed procedure — minimum requirements

         (1)   This regulation sets out minimum requirements for an agreed procedure for issue resolution at a workplace.

         (2)   The agreed procedure for issue resolution at a workplace must include the steps set out in regulation 23.

         (3)   A person conducting a business or undertaking at a workplace must ensure that the agreed procedure for issue resolution at the workplace:

                (a)    complies with subregulation (2); and

               (b)    is set out in writing; and

                (c)    is communicated to all workers to whom the agreed procedure applies.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

23            Default procedure

         (1)   This regulation sets out the default procedure for issue resolution for the purposes of subsection 81 (2) of the Act.

         (2)   Any party to the issue may commence the procedure by telling each other party:

                (a)    that there is an issue to be resolved; and

               (b)    the nature and scope of the issue.

         (3)   As soon as parties are told of the issue, all parties must meet or communicate with each other to attempt to resolve the issue.

         (4)   The parties must have regard to all relevant matters, including the following:

                (a)    the degree and immediacy of risk to workers or other persons affected by the issue;

               (b)    the number and location of workers and other persons affected by the issue;

                (c)    the measures (both temporary and permanent) that must be implemented to resolve the issue;

               (d)    who will be responsible for implementing the resolution measures.

         (5)   A party may, in resolving the issue, be assisted or represented by a person nominated by the party.

         (6)   If the issue is resolved, details of the issue and its resolution must be set out in a written agreement if any party to the issue requests this.

Note   Under the Act, parties to an issue include not only a person conducting a business or undertaking, a worker and a health and safety representative, but also representatives of these persons (see section 80 of the Act).

         (7)   If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue.

         (8)   A copy of the written agreement must be given to:

                (a)    all parties to the issue; and

               (b)    if requested, to the health and safety committee for the workplace.

         (9)   To avoid doubt, nothing in this procedure prevents a worker from bringing a work health and safety issue to the attention of the worker’s health and safety representative.

Part 2.3              Cessation of Unsafe Work

  

24            Continuity of engagement of worker

                For section 88 of the Act, the prescribed purposes are the assessment of eligibility for, or the calculation of benefits for, any benefit or entitlement associated with the worker’s engagement, including:

                (a)    remuneration and promotion, as affected by seniority;

               (b)    superannuation benefits;

                (c)    leave entitlements;

               (d)    any entitlement to notice of termination of the engagement.

Part 2.4              Workplace Entry by WHS Entry Permit Holders

  

25            Training requirements for WHS entry permits

         (1)   The prescribed training for sections 131 and 133 of the Act is training, that is provided or approved by the regulator, in relation to the following:

                (a)    the right of entry requirements under Part 7 of the Act;

               (b)    the issue resolution requirements under the Act and these Regulations;

                (c)    the duties under, and the framework of, the Act and these Regulations;

               (d)    the requirements for the management of risks under section 17 of the Act;

                (e)    the meaning of reasonably practicable as set out in section 18 of the Act;

                (f)    the relationship between the Act and these Regulations and the Fair Work Act 2009.

         (2)   The training must include providing the participant with information about the availability of any guidance material published by the regulator in relation to the Act and these Regulations.

         (3)   For the purpose of approving training, the regulator must have regard to all relevant matters, including:

                (a)    the content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit holder;

               (b)    the qualifications, knowledge and experience of the person who is to provide the training.

Note   Under section 33 of the Acts Interpretation Act 1901, the power to approve training includes a power to revoke or vary the approval.

26            Form of WHS entry permit

                A WHS entry permit must include the following:

                (a)    the section of the Act under which the WHS entry permit is issued;

               (b)    the full name of the WHS entry permit holder;

                (c)    the name of the union that the WHS entry permit holder represents;

               (d)    a statement that the WHS entry permit holder is entitled, while the WHS entry permit is in force, to exercise the rights given to the WHS entry permit holder under the Act;

                (e)    the date of issue of the WHS entry permit;

                (f)    the expiry date for the WHS entry permit;

               (g)    the signature of the WHS entry permit holder;

               (h)    any conditions on the WHS entry permit.

27            Notice of entry — general

                A notice of entry under Part 7 of the Act must:

                (a)    be written; and

               (b)    include the following:

                          (i)    the full name of the WHS entry permit holder;

                         (ii)    the name of the union that the WHS entry permit holder represents;

                        (iii)    the section of the Act under which the WHS entry permit holder is entering or proposing to enter the workplace;

                        (iv)    the name and address of the workplace entered or proposed to be entered;

                         (v)    the date of entry or proposed entry;

                        (vi)    the additional information and other matters required under regulation 28, 29 or 30 (as applicable).

28            Additional requirements — entry under section 117

                A notice of entry under section 119 of the Act in relation to an entry under section 117 must also include the following:

                (a)    so far as is practicable, the particulars of the suspected contravention to which the notice relates;

               (b)    a declaration stating:

                          (i)    that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace entered and is a member, or eligible to be a member, of that union; and

                         (ii)    the provision in the union’s rules that entitles the union to represent the industrial interests of that worker; and

                        (iii)    that the suspected contravention relates to, or affects, that worker.

Note   Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.

29            Additional requirements — entry under section 120

                A notice of entry under section 120 of the Act in relation to an entry under that section must also include the following:

                (a)    so far as is practicable, the particulars of the suspected contravention to which the notice relates;

               (b)    a description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected;

                (c)    a declaration stating:

                          (i)    that the union is entitled to represent the industrial interests of a worker who is a member, or eligible to be a member, of that union; and

                         (ii)    the provision in the union’s rules that entitles the union to represent the industrial interests of that worker; and

                        (iii)    that the suspected contravention relates to, or affects, that worker; and

                        (iv)    that the records and documents proposed to be inspected relate to that contravention.

Note   Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.

30            Additional requirements — entry under section 121

                A notice of entry under section 122 of the Act in relation to an entry under section 121 of the Act must also include a declaration stating:

                (a)    that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace proposed to be entered and is a member, or eligible to be a member, of that union; and

               (b)    the provision in the union’s rules that entitles the union to represent the industrial interests of that worker.

Note   Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.

31            Register of WHS entry permit holders

                For section 151 of the Act, the authorising authority must publish on its website:

                (a)    an up to date register of persons who hold a WHS entry permit issued under Part 7 of the Act; and

               (b)    the date on which the register was last updated.

Chapter 3    General risk and workplace management

Part 3.1              Managing risks to health and safety

  

32            Application of Part 3.1

                This Part applies to a person conducting a business or undertaking who has a duty under these Regulations to manage risks to health and safety.

33            Specific requirements must be complied with

                Any specific requirements under these Regulations for the management of risk must be complied with when implementing the requirements of this Part.

Examples

1   A requirement not to exceed an exposure standard.

2   A duty to implement a specific control measure.

3   A duty to assess risk.

34            Duty to identify hazards

                A duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety.

35            Managing risks to health and safety

                A duty holder, in managing risks to health and safety, must:

                (a)    eliminate risks to health and safety so far as is reasonably practicable; and

               (b)    if it is not reasonably practicable to eliminate risks to health and safety — minimise those risks so far as is reasonably practicable.

36            Hierarchy of control measures

         (1)   This regulation applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety.

         (2)   A duty holder, in minimising risks to health and safety, must implement risk control measures in accordance with this regulation.

         (3)   The duty holder must minimise risks, so far as is reasonably practicable, by doing one or more of the following:

                (a)    substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk;

               (b)    isolating the hazard from any person exposed to it;

                (c)    implementing engineering controls.

         (4)   If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls.

         (5)   If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.

Note   A combination of the controls set out in this regulation may be used to minimise risks, so far as is reasonably practicable, if a single control is not sufficient for the purpose.

37            Maintenance of control measures

                A duty holder who implements a control measure to eliminate or minimise risks to health and safety must ensure that the control measure is, and is maintained so that it remains, effective, including by ensuring that the control measure is and remains:

                (a)    fit for purpose; and

               (b)    suitable for the nature and duration of the work; and

                (c)    installed, set up and used correctly.

38            Review of control measures

         (1)   A duty holder must review and as necessary revise control measures implemented under these Regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.

         (2)   Without limiting subregulation (1), the duty holder must review and as necessary revise a control measure in the following circumstances:

                (a)    the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

Examples

1   The results of monitoring show that the control measure does not control the risk.

2   A notifiable incident occurs because of the risk.

               (b)    before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control;

                (c)    a new relevant hazard or risk is identified;

               (d)    the results of consultation by the duty holder under the Act or these Regulations indicate that a review is necessary;

                (e)    a health and safety representative requests a review under subregulation (4).

         (3)   Without limiting paragraph (2) (b), a change at the workplace includes:

                (a)    a change to the workplace itself or any aspect of the work environment; or

               (b)    a change to a system of work, a process or a procedure.

         (4)   A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that:

                (a)    a circumstance referred to in paragraph (2) (a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

               (b)    the duty holder has not adequately reviewed the control measure in response to the circumstance.

Part 3.2              General Workplace Management

Division 1              Information, training and instruction

39            Provision of information, training and instruction

         (1)   This regulation applies for section 19 of the Act to a person conducting a business or undertaking.

         (2)   The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to:

                (a)    the nature of the work carried out by the worker; and

               (b)    the nature of the risks associated with the work at the time the information, training or instruction is provided; and

                (c)    the control measures implemented.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person must ensure, so far as is reasonably practicable, that the information, training and instruction provided under this regulation is provided in a way that is readily understandable by any person to whom it is provided.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 2              General working environment

40            Duty in relation to general workplace facilities

                A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the following:

                (a)    the layout of the workplace allows, and the workplace is maintained so as to allow, for persons to enter and exit and to move about without risk to health and safety, both under normal working conditions and in an emergency;

               (b)    work areas have space for work to be carried out without risk to health and safety;

                (c)    floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety;

               (d)    lighting enables:

                          (i)    each worker to carry out work without risk to health and safety; and

                         (ii)    persons to move within the workplace without risk to health and safety; and

                        (iii)    safe evacuation in an emergency;

                (e)    ventilation enables workers to carry out work without risk to health and safety;

                (f)    workers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety;

               (g)    work in relation to or near essential services does not give rise to a risk to the health and safety of persons at the workplace.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

41            Duty to provide and maintain adequate and accessible facilities

         (1)   A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subregulation (1) are maintained so as to be:

                (a)    in good working order; and

               (b)    clean, safe and accessible.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   For the purposes of this regulation, a person conducting a business or undertaking must have regard to all relevant matters, including the following:

                (a)    the nature of the work being carried out at the workplace;

               (b)    the nature of the hazards at the workplace;

                (c)    the size, location and nature of the workplace;

               (d)    the number and composition of the workers at the workplace.

Division 3              First aid

42            Duty to provide first aid

         (1)   A person conducting a business or undertaking at a workplace must ensure:

                (a)    the provision of first aid equipment for the workplace; and

               (b)    that each worker at the workplace has access to the equipment; and

                (c)    access to facilities for the administration of first aid.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A person conducting a business or undertaking at a workplace must ensure that:

                (a)    an adequate number of workers are trained to administer first aid at the workplace; or

               (b)    workers have access to an adequate number of other persons who have been trained to administer first aid.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   For the purposes of this regulation, the person conducting the business or undertaking must have regard to all relevant matters, including the following:

                (a)    the nature of the work being carried out at the workplace;

               (b)    the nature of the hazards at the workplace;

                (c)    the size and location of the workplace;

               (d)    the number and composition of the workers and other persons at the workplace.

Division 4              Emergency plans

43            Duty to prepare, maintain and implement emergency plan

         (1)   A person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, that provides for the following:

                (a)    emergency procedures, including:

                          (i)    an effective response to an emergency; and

                         (ii)    evacuation procedures; and

                        (iii)    notifying emergency service organisations at the earliest opportunity; and

                        (iv)    medical treatment and assistance; and

                         (v)    effective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace;

               (b)    testing of the emergency procedures, including the frequency of testing;

                (c)    information, training and instruction to relevant workers in relation to implementing the emergency procedures.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   For subregulations (1) and (2), the person conducting the business or undertaking must consider all relevant matters, including the following:

                (a)    the nature of the work being carried out at the workplace;

               (b)    the nature of the hazards at the workplace;

                (c)    the size and location of the workplace;

               (d)    the number and composition of the workers and other persons at the workplace.

         (4)   A person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 5              Personal protective equipment

44            Provision to workers and use of personal protective equipment

         (1)   This regulation applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace in accordance with regulation 36.

         (2)   The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Example

Equipment that has been provided by a labour hire company.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subregulation (2) is:

                (a)    selected to minimise risk to health and safety, including by ensuring that the equipment is:

                          (i)    suitable having regard to the nature of the work and any hazard associated with the work; and

                         (ii)    a suitable size and fit and reasonably comfortable for the worker who is to use or wear it; and

               (b)    maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is:

                          (i)    clean and hygienic; and

                         (ii)    in good working order; and

                (c)    used or worn by the worker, so far as is reasonably practicable.

         (4)   The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the:

                (a)    proper use and wearing of personal protective equipment; and

               (b)    the storage and maintenance of personal protective equipment.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note 1   A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment (see section 273 of the Act).

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

45            Personal protective equipment used by other persons

                The person conducting a business or undertaking who directs the carrying out of work must ensure, so far as is reasonably practicable, that:

                (a)    personal protective equipment to be used or worn by any person other than a worker at the workplace is capable of minimising risk to the person’s health and safety; and

               (b)    the person uses or wears the equipment.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

46            Duties of worker

         (1)   This regulation applies if a person conducting a business or undertaking provides a worker with personal protective equipment.

         (2)   The worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The worker must not intentionally misuse or damage the equipment.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

47            Duty of person other than worker

                A person other than a worker must wear personal protective equipment at a workplace in accordance with any information, training or reasonable instruction provided by the person conducting the business or undertaking at the workplace.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 6              Remote or isolated work

48            Remote or isolated work

         (1)   A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work, in accordance with Part 3.1.

Note   WHS Act — section 19 (see regulation 9).

         (2)   In minimising risks to the health and safety of a worker associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   In this regulation:

assistance includes rescue, medical assistance and the attendance of emergency service workers.

remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.

Division 7              Managing risks from airborne contaminants

49            Ensuring exposure standards for substances and mixtures not exceeded

                A person conducting a business or undertaking at a workplace must ensure that no person at the workplace is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

50            Monitoring airborne contaminant levels

         (1)   A person conducting a business or undertaking at a workplace must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the workplace to which an exposure standard applies if:

                (a)    the person is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the workplace exceeds the relevant exposure standard; or

               (b)    monitoring is necessary to determine whether there is a risk to health.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subregulation (1) are recorded, and kept for 30 years after the date the record is made.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subregulation (1) are readily accessible to persons at the workplace who may be exposed to the substance or mixture.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 8              Hazardous atmospheres

51            Managing risks to health and safety

         (1)   A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with a hazardous atmosphere at the workplace, in accordance with Part 3.1.

Note   WHS Act — section 19 (see regulation 9).

         (2)   An atmosphere is a hazardous atmosphere if:

                (a)    the atmosphere does not have a safe oxygen level; or

               (b)    the concentration of oxygen in the atmosphere increases the fire risk; or

                (c)    the concentration of flammable gas, vapour, mist or fumes exceeds 5% of the LEL for the gas, vapour, mist or fumes; or

               (d)    combustible dust is present in a quantity and form that would result in a hazardous area.

52            Ignition sources

         (1)   A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an ignition source in a hazardous atmosphere at the workplace, in accordance with Part 3.1.

Note   WHS Act — section 19 (see regulation 9).

         (2)   This regulation does not apply if the ignition source is part of a deliberate process or activity at the workplace.

Division 9              Storage of flammable or combustible substances

53            Flammable and combustible material not to be accumulated

         (1)   A person conducting a business or undertaking at a workplace must ensure that, if flammable or combustible substances are kept at the workplace, the substances are kept at the lowest practicable quantity for the workplace.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   In this regulation, flammable or combustible substances include:

                (a)    flammable and combustible liquids, including waste liquids, in containers, whether empty or full; and

               (b)    gas cylinders, whether empty or full.

Division 10            Falling objects

54            Management of risk of falling objects

                A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with an object falling on a person if the falling object is reasonably likely to injure the person.

Note   WHS Act — section 19 (see regulation 9).

55            Minimising risk associated with falling objects

         (1)   This regulation applies if it is not reasonably practicable to eliminate the risk referred to in regulation 54.

         (2)   The person conducting the business or undertaking at a workplace must minimise the risk of an object falling on a person by providing adequate protection against the risk in accordance with this regulation.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including:

                (a)    preventing an object from falling freely, so far as is reasonably practicable; or

               (b)    if it is not reasonably practicable to prevent an object from falling freely — providing, so far as is reasonably practicable, a system to arrest the fall of a falling object.

Examples

1   Providing a secure barrier.

2   Providing a safe means of raising and lowering objects.

3   Providing an exclusion zone persons are prohibited from entering.

Chapter 4    Hazardous work

Part 4.1              Noise

  

56            Meaning of exposure standard for noise

         (1)   In these Regulations, exposure standard for noise, in relation to a person, means:

                (a)    LAeq,8h of 85 dB(A); or

               (b)    LC,peak of 140 dB(C).

         (2)   In this regulation:

LAeq,8h means the eight‑hour equivalent continuous A‑weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

LC,peak means the C‑weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

57            Managing risk of hearing loss from noise

         (1)   A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety relating to hearing loss associated with noise.

Note   WHS Act — section 19 (see regulation 9).

         (2)   A person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

58            Audiometric testing

         (1)   This regulation applies in relation to a worker who is frequently required by the person conducting the business or undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise.

         (2)   The person conducting the business or undertaking who provides the personal protective equipment as a control measure must provide audiometric testing for the worker:

                (a)    within 3 months of the worker commencing the work; and

               (b)    in any event, at least every 2 years.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   In this regulation, audiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests.

59            Duties of designers, manufacturers, importers and suppliers of plant

         (1)   A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about:

                (a)    the noise emission values of the plant; and

               (b)    the operating conditions of the plant when noise emission is to be measured; and

                (c)    the methods the designer has used to measure the noise emission of the plant.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   A manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about:

                (a)    the noise emission values of the plant; and

               (b)    the operating conditions of the plant when noise emission is to be measured; and

                (c)    the methods the manufacturer has used to measure the noise emission of the plant.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   An importer of plant must take all reasonable steps to:

                (a)    obtain information about:

                          (i)    the noise emission values of the plant; and

                         (ii)    the operating conditions of the plant when noise emission is to be measured; and

                        (iii)    the methods the designer or manufacturer has used to measure the noise emission of the plant; and

               (b)    give that information to any person to whom the importer supplies the plant.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (6)   A supplier of plant must take all reasonable steps to:

                (a)    obtain the information the designer, manufacturer or importer is required to give a supplier under subregulation (2), (4) or (5); and

               (b)    give that information to any person to whom the supplier supplies the plant.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Part 4.2              Hazardous Manual Tasks

  

60            Managing risks to health and safety

         (1)   A person conducting a business or undertaking must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task, in accordance with Part 3.1.

Note   WHS Act — section 19 (see regulation 9).

         (2)   In determining the control measures to implement under subregulation (1), the person conducting the business or undertaking must have regard to all relevant matters that may contribute to a musculoskeletal disorder, including:

                (a)    postures, movements, forces and vibration relating to the hazardous manual task; and

               (b)    the duration and frequency of the hazardous manual task; and

                (c)    workplace environmental conditions that may affect the hazardous manual task or the worker performing it; and

               (d)    the design of the work area; and

                (e)    the layout of the workplace; and

                (f)    the systems of work used; and

               (g)    the nature, size, weight or number of persons, animals or things involved in carrying out the hazardous manual task.

61            Duties of designers, manufacturers, importers and suppliers of plant or structures

         (1)   A designer of plant or a structure must ensure that the plant or structure is designed so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If it is not reasonably practicable to comply with subregulation (1), the designer must ensure that the plant or structure is designed so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The designer must give to each person who is provided with the design for the purpose of giving effect to it adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   A manufacturer of plant or a structure must ensure that the plant or structure is manufactured so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   If it is not reasonably practicable to comply with subregulation (4), the manufacturer must ensure that the plant or structure is manufactured so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (6)   The manufacturer must give to each person to whom the manufacturer provides the plant or structure adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (7)   An importer of plant or a structure must take all reasonable steps to:

                (a)    obtain the information the designer or manufacturer is required to give under subregulation (3) or (6); and

               (b)    give that information to any person to whom the importer supplies the plant.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (8)   A supplier of plant or a structure must take all reasonable steps to:

                (a)    obtain the information the designer, manufacturer or importer is required to give a supplier under subregulation (3), (6) or (7); and

               (b)    give that information to any person to whom the supplier supplies the plant.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Part 4.3              Confined Spaces

Division 1              Preliminary

62            Confined spaces to which this Part applies

         (1)   This Part applies to confined spaces that:

                (a)    are entered by any person; or

               (b)    are intended or likely to be entered by any person; or

                (c)    could be entered inadvertently by any person.

         (2)   In this Part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person’s management or control.

63            Application to emergency service workers

                Regulations 67 and 68 do not apply to the entry into a confined space by an emergency service worker if, at the direction of the emergency service organisation, the worker is:

                (a)    rescuing a person from the space; or

               (b)    providing first aid to a person in the space.

Division 2              Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure

64            Duty to eliminate or minimise risk

         (1)   This regulation applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space.

         (2)   A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that:

                (a)    the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or

               (b)    if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space:

                          (i)    the need or risk is minimised so far as is reasonably practicable; and

                         (ii)    the space is designed with a safe means of entry and exit; and

                        (iii)    the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 3              Duties of person conducting business or undertaking

65            Entry into confined space must comply with this Division

                A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not enter a confined space before this Division has been complied with in relation to that space.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

66            Managing risks to health and safety

         (1)   A person conducting a business or undertaking must manage, in accordance with Part 3.1, risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space).

Note   WHS Act — section 19 (see regulation 9).

         (2)   A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1).

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   For subregulations (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including the following:

                (a)    whether the work can be carried out without the need to enter the confined space;

               (b)    the nature of the confined space;

                (c)    if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space — any change that may occur in that concentration;

               (d)    the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working;

                (e)    the type of emergency procedures, including rescue procedures, required.

         (5)   The person conducting a business or undertaking must ensure that a risk assessment under this regulation is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under Part 3.1.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

67            Confined space entry permit

         (1)   A person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A confined space entry permit must:

                (a)    be completed by a competent person; and

               (b)    be in writing; and

                (c)    specify the following:

                          (i)    the confined space to which the permit relates;

                         (ii)    the names of persons permitted to enter the space;

                        (iii)    the period of time during which the work in the space will be carried out;

                        (iv)    measures to control risk associated with the proposed work in the space; and

               (d)    contain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space.

         (3)   The control measures specified in a confined space permit must:

                (a)    be based on a risk assessment conducted under regulation 66; and

               (b)    include:

                          (i)    control measures to be implemented for safe entry; and

                         (ii)    details of the system of work provided under regulation 69.

         (4)   The person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed:

                (a)    all workers leave the confined space; and

               (b)    the acknowledgement referred to in paragraph (2) (d) is completed by the competent person.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

68            Signage

         (1)   A person conducting a business or undertaking must ensure that signs that comply with subregulation (2) are erected:

                (a)    immediately before work in a confined space commences and while the work is being carried out; and

               (b)    while work is being carried out in preparation for, and in the completion of, work in a confined space.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The signs must:

                (a)    identify the confined space; and

               (b)    inform workers that they must not enter the space unless they have a confined space entry permit; and

                (c)    be clear and prominently located next to each entry to the space.

69            Communication and safety monitoring

                A person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes:

                (a)    continuous communication with the worker from outside the space; and

               (b)    monitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

70            Specific control — connected plant and services

         (1)   A person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances:

                (a)    the introduction of any substance or condition into the space from or by any plant or services connected to the space;

               (b)    the activation or energising in any way of any plant or services connected to the space.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If it is not reasonably practicable for the person to eliminate risk under subregulation (1), the person must minimise that risk so far as is reasonably practicable.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

71            Specific control — atmosphere

         (1)   A person conducting a business or undertaking must ensure, in relation to work in a confined space, that:

                (a)    purging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable; and

               (b)    pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person must ensure that, while work is being carried out in a confined space:

                (a)    the atmosphere of the space has a safe oxygen level; or

               (b)    if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume — any worker carrying out work in the space is provided with air supplied respiratory equipment.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   In this regulation, purging means the method used to displace any contaminant from a confined space.

Note 1   Regulation 44 applies to the use of personal protective equipment, including the equipment provided under subregulation (2).

Note 2   Regulation 50 applies to airborne contaminants.

72            Specific control — flammable gases and vapours

         (1)   A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that while work is being carried out in a confined space, the concentration of any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is:

                (a)    equal to or greater than 5% but less than 10% of its LEL — the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous‑monitoring flammable gas detector is used in the space; or

               (b)    equal to or greater than 10% of its LEL — the person must ensure that any worker is immediately removed from the space.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

73            Specific control — fire and explosion

                A person conducting a business or undertaking must ensure that an ignition source is not introduced into a confined space (from outside or within the space) if there is a possibility of the ignition source causing a fire or explosion in the space.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

74            Emergency procedures

         (1)   A person conducting a business or undertaking must:

                (a)    establish first aid procedures and rescue procedures to be followed in the event of an emergency in a confined space; and

               (b)    ensure that the procedures are practised as necessary to ensure that they are efficient and effective.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person must ensure that first aid and rescue procedures are initiated from outside the confined space as soon as practicable in an emergency.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

         (3)   The person must ensure, in relation to any confined space, that:

                (a)    the entry and exit openings of the confined space are large enough to allow emergency access; and

               (b)    the entry and exit openings of the space are not obstructed; and

                (c)    plant, equipment and personal protective equipment provided for first aid or emergency rescue are maintained in good working order.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note 1   See Part 3.2 for general provisions relating to first aid, personal protective equipment and emergency plans.

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

75            Personal protective equipment in emergencies

         (1)   This regulation applies in relation to a worker who is to enter a confined space in order to carry out first aid or rescue procedures in an emergency.

         (2)   The person conducting the business or undertaking for which the worker is carrying out work must ensure that air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which:

                (a)    the atmosphere in the confined space does not have a safe oxygen level; or

               (b)    the atmosphere in the space has a harmful concentration of an airborne contaminant; or

                (c)    there is a serious risk of the atmosphere in the space becoming affected in the way referred to in paragraph (a) or (b) while the worker is in the space.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person conducting the business or undertaking for which the worker is carrying out work must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which:

                (a)    an engulfment has occurred inside the confined space; or

               (b)    there is a serious risk of an engulfment occurring while the worker is in the space.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note 1   Regulation 44 applies to the use of personal protective equipment, including the equipment provided under this regulation.

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

76            Information, training and instruction for workers

         (1)   A person conducting a business or undertaking must ensure that relevant workers are provided with suitable and adequate information, training and instruction in relation to the following:

                (a)    the nature of all hazards relating to a confined space;

               (b)    the need for, and the appropriate use of, control measures to control risks to health and safety associated with those hazards;

                (c)    the selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment;

               (d)    the contents of any confined space entry permit that may be issued in relation to work carried out by the worker in a confined space;

                (e)    emergency procedures.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person must ensure that a record of all training provided to a worker under this regulation is kept for 2 years.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   In subregulation (1), relevant worker means:

                (a)    a worker who, in carrying out work for the business or undertaking, could:

                          (i)    enter or work in a confined space; or

                         (ii)    carry out any function in relation to work in a confined space or the emergency procedures established under regulation 74, but who is not required to enter the space; or

               (b)    any person supervising a worker referred to in paragraph (a).

77            Confined space entry permit and risk assessment must be kept

         (1)   This regulation applies if a person conducting a business or undertaking:

                (a)    prepares a risk assessment under regulation 66; or

               (b)    issues a confined space entry permit under regulation 67.

         (2)   Subject to subregulation (3), the person must keep:

                (a)    a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

               (b)    a copy of the confined space entry permit at least until the work to which it relates is completed.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   If a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available for inspection under the Act.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available to any relevant worker on request.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Part 4.4              Falls

  

78            Management of risk of fall

         (1)   A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or any other person.

Note   WHS Act — section 19 (see regulation 9).

         (2)   Subregulation (1) includes the risk of a fall:

                (a)    in or on an elevated workplace from which a person could fall; or

               (b)    in the vicinity of an opening through which a person could fall; or

                (c)    in the vicinity of an edge over which a person could fall; or

               (d)    on a surface through which a person could fall; or

                (e)    in any other place from which a person could fall.

         (3)   A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subregulation (1) applies is carried out on the ground or on a solid construction.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   A person conducting a business or undertaking must provide safe means of access to and exit from:

                (a)    the workplace; and

               (b)    any area within the workplace referred to in subregulation (2).

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   In this regulation, solid construction means an area that has:

                (a)    a surface that is structurally capable of supporting all persons and things that may be located or placed on it; and

               (b)    barriers around its perimeter and any openings to prevent a fall; and

                (c)    an even and readily negotiable surface and gradient; and

               (d)    a safe means of entry and exit.

79            Specific requirements to minimise risk of fall

         (1)   This regulation applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which regulation 78 applies.

         (2)   The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this regulation.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by:

                (a)    providing a fall prevention device if it is reasonably practicable to do so; or

               (b)    if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system; or

                (c)    if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.

Examples

A safe system of work could include:

1   Providing temporary work platforms.

2   Providing training in relation to the risks involved in working at the workplace.

3   Providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs.

Note   A combination of the controls set out in this subregulation may be used to minimise risks so far as is practicable if a single control is not sufficient for the purpose.

         (4)   This regulation does not apply in relation to the following work:

                (a)    the performance of stunt work;

               (b)    the performance of acrobatics;

                (c)    a theatrical performance;

               (d)    a sporting or athletic activity;

                (e)    horse riding.

Note   Regulation 36 applies to the management of risk in relation to this work.

         (5)   In this regulation, fall prevention device includes:

                (a)    a secure fence; and

               (b)    edge protection; and

                (c)    working platforms; and

               (d)    covers.

Note   See subregulation 5 (1) for definitions of fall arrest system and work positioning system.

80            Emergency and rescue procedures

         (1)   This regulation applies if a person conducting a business or undertaking provides a fall arrest system as a control measure.

         (2)   Without limiting regulation 79, the person must establish emergency procedures, including rescue procedures, in relation to the use of the fall arrest system.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person must ensure that the emergency procedures are tested so that they are effective.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   In this regulation, relevant worker means:

                (a)    a worker who, in carrying out work in the business or undertaking, uses or is to use a fall arrest system; and

               (b)    a worker who may be involved in initiating or implementing the emergency procedures.

Part 4.5              High Risk Work

Division 1              Licensing of high risk work

Subdivision 1              Requirement to be licensed

81            Licence required to carry out high risk work

                A person must not carry out a class of high risk work unless the person holds a high risk work licence for that class of high risk work, except as provided in regulation 82.

Note 1   See section 43 of the Act.

Note 2   Schedule 3 sets out the high risk work licences and classes of high risk work that are within the scope of each licence. Schedule 4 sets out the qualifications required for a high risk work licence.

82            Exceptions

         (1)   A person who carries out high risk work in either of the following circumstances is not required to be licensed:

                (a)    work carried out:

                          (i)    in the course of training towards a certification in order to be licensed to carry out the high risk work; and

                         (ii)    under the supervision of a person who is licensed to carry out the high risk work;

               (b)    work carried out by a person who, having applied for a licence to carry out the high risk work on the basis of a certification, is awaiting a decision on that application.

         (2)   A person who carries out high risk work involving plant is not required to be licensed if:

                (a)    the work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant within the workplace; and

               (b)    the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant.

         (3)   For paragraph (2) (a), moving does not include loading plant onto, or unloading plant from, the vehicle or equipment used to move the plant.

         (4)   A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if:

                (a)    the work is limited to setting up or dismantling the crane or hoist; and

               (b)    the person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work.

Note   See Schedule 3 for the classes of crane operator licence.

         (5)   A person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator.

83            Recognition of high risk work licences in other jurisdictions

         (1)   In this Subdivision, a reference to a high risk work licence includes a reference to an equivalent licence:

                (a)    granted under a corresponding WHS law; and

               (b)    that is being used in accordance with the terms and conditions under which it was granted.

         (2)   Subregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

84            Duty of person conducting business or undertaking to ensure direct supervision

         (1)   A person conducting a business or undertaking must ensure that a person supervising the work of a person carrying out high risk work as required by regulation 82 (1) (a) provides direct supervision of the person except in the circumstances set out in subregulation (2).

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   Direct supervision of a person is not required if:

                (a)    the nature or circumstances of a particular task make direct supervision impracticable or unnecessary; and

               (b)    the reduced level of supervision will not place the health or safety of the supervised person or any other person at risk.

         (3)   In this regulation, direct supervision of a person means the oversight by the supervising person of the work of that person for the purposes of:

                (a)    directing, demonstrating, monitoring and checking the person’s work in a way that is appropriate to the person’s level of competency; and

               (b)    ensuring a capacity to respond in an emergency situation.

85            Evidence of licence — duty of person conducting business or undertaking

         (1)   A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a high risk work licence is required unless the person sees written evidence provided by the worker that the worker has the relevant high risk work licence for that work.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work referred to in subregulation 82 (1) unless the person sees written evidence provided by the worker that the worker:

                (a)    is undertaking the course of training referred to in subparagraph 82 (1) (a) (i); or

               (b)    has applied for the relevant licence and holds the certification referred to in paragraph 82 (1) (b).

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   A person conducting a business or undertaking at a workplace must not direct or allow a worker to supervise high risk work as referred to in paragraph 82 (1) (a) and regulation 84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   A person conducting a business or undertaking at a workplace must keep the written evidence given to the person:

                (a)    under subregulation (1) or (2) — for at least 1 year after the high risk work is carried out;

               (b)    under subregulation (3) — for at least 1 year after the last occasion on which the worker performs the supervision work.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Subdivision 2              Licensing process

86            Who may apply for a licence

                Only a person who holds a qualification set out in Schedule 4 may apply for a high risk work licence.

87            Application for high risk work licence

         (1)   An application for a high risk work licence must be made in the manner and form required by the regulator.

         (2)   The application must include the following information:

                (a)    the applicant’s name and residential address;

               (b)    a recent photograph of the applicant;

                (c)    evidence of the applicant’s age;

               (d)    other evidence of the applicant’s identity required by the regulator;

                (e)    the class of high risk work licence to which the application relates;

                (f)    a copy of a certification:

                          (i)    that is held by the applicant in relation to the VET course, or each of the VET courses, set out in Schedule 4 in relation to the high risk licence applied for; and

                         (ii)    that was issued not more than 60 days before the application is made;

               (g)    a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law;

               (h)    a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under:

                          (i)    the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                         (ii)    any corresponding WHS law;

Note   Division 3 of Part VIIC of the Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.

                (i)    details of any conviction or finding of guilt declared under paragraph (h);

                (j)    a declaration as to whether or not the applicant has entered into an enforceable undertaking under:

                          (i)    the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                         (ii)    any corresponding WHS law;

               (k)    details of any enforceable undertaking declared under paragraph (j);

                (l)    if the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal;

              (m)    if the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration:

                          (i)    describing any condition imposed on that licence; and

                         (ii)    stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence; and

                        (iii)    giving details of any suspension, cancellation or disqualification.

Note   See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

         (3)   The application must be accompanied by the relevant fee.

88            Additional information

         (1)   If an application for a high risk work licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.

         (2)   A request for additional information must:

                (a)    specify the date (not being less than 28 days after the request) by which the additional information is to be given; and

               (b)    be confirmed in writing.

         (3)   If an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.

         (4)   The regulator may make more than one request for additional information under this regulation.

89            Decision on application

         (1)   Subject to subregulation (3), the regulator must grant a high risk work licence if satisfied about the matters referred to in subregulation (2).

         (2)   The regulator must be satisfied about the following:

                (a)    the application has been made in accordance with these Regulations;

        (b)    the applicant is a Commonwealth worker;

                (c)    either:

                          (i)    the applicant resides in the Commonwealth; or

                         (ii)    circumstances exist that justify the grant of the licence;

               (d)    the applicant is at least 18 years of age;

                (e)    the applicant has provided the certification required under paragraph 87 (2) (f);

                (f)    the applicant is able to carry out the work to which the licence relates safely and competently.

         (3)   The regulator must refuse to grant a high risk work licence if satisfied that:

                (a)    the applicant is disqualified under a corresponding WHS law from holding an equivalent licence; or

               (b)    the applicant, in making the application, has:

                          (i)    given information that is false or misleading in a material particular; or

                         (ii)    failed to give any material information that should have been given.

         (4)   If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.

         (5)   If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 88, the regulator is taken to have refused to grant the licence applied for.

Note   A refusal to grant a high risk work licence (including under subregulation (5)) is a reviewable decision (see regulation 676).

90            Matters to be taken into account

                For paragraph 89 (2) (f), the regulator must have regard to all relevant matters, including the following:

                (a)    any offence under:

                          (i)    the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                         (ii)    any corresponding WHS law;

                        of which the applicant has been convicted or found guilty;

Note   Division 3 of Part VIIC of the Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.

               (b)    in relation to any equivalent licence applied for or held by the applicant:

                          (i)    any refusal to grant the licence; and

                         (ii)    any condition imposed in the licence, if granted; and

                        (iii)    any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;

                (c)    any enforceable undertaking the applicant has entered into under:

                          (i)    the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                         (ii)    any corresponding WHS law;

               (d)    the applicant’s record in relation to any matters arising under:

                          (i)    the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                         (ii)    any corresponding WHS law;

91            Refusal to grant high risk work licence—process

         (1)   If the regulator proposes to refuse to grant a licence, the regulator must give a written notice to the applicant:

                (a)    informing the applicant of the reasons for the proposed refusal; and

               (b)    advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

         (2)   After the date specified in a notice under subregulation (1), the regulator must:

                (a)    if the applicant has made a submission in relation to the proposed refusal to grant the licence — consider that submission; and

               (b)    whether or not the applicant has made a submission — decide whether to grant or refuse to grant the licence; and

                (c)    within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.

Note   A decision to refuse to grant a licence is a reviewable decision (see regulation 676).

92            Duration of licence

                Subject to this Division, a high risk work licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.

93            Licence document

         (1)   If the regulator grants a high risk work licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.

         (2)   The licence document must include the following:

                (a)    the name of the licence holder;

               (b)    a recent photograph of the licence holder;

                (c)    the date of birth of the licence holder;

               (d)    a copy of the signature of the licence holder or provision for the inclusion of a copy signature;

                (e)    the class of high risk work licence and a description of the work within the scope of the licence;

                (f)    the date on which the licence was granted;

               (g)    the expiry date of the licence.

         (3)   For paragraph (2) (e), if the regulator grants more than one class of high risk work licence to a person, the licence document must contain a description of each class of licence and the work that is within the scope of each licence.

         (4)   If a licence holder holds more than one high risk work licence, the regulator may issue to the licence holder one licence document in relation to some or all those licences.

         (5)   Despite regulation 92, if a licence document is issued under subregulation (4), the licences to which that licence document related expire on the date that the first of those licences expires.

94            Licence document to be available

         (1)   A licence holder must keep the licence document available for inspection under the Act.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   Subregulation (1) does not apply if the licence document is not in the licence holder’s possession because:

                (a)    it has been returned to the regulator under regulation 97; or

               (b)    the licence holder has applied for, but has not received, a replacement licence document under regulation 98.

95            Reassessment of competency of licence holder

                The regulator may direct a licence holder to obtain a reassessment of the competency of the licence holder to carry out the high risk work covered by the licence if the regulator reasonably believes that the licence holder may not be competent to carry out that work.

Examples

1   The training or competency assessment of the licence holder did not meet the standard required to hold the licence.

2   The regulator receives information that the licence holder has carried out high risk work incompetently.

Subdivision 3              Amendment of licence document

96            Notice of change of address

                The licence holder of a high risk work licence must give written notice to the regulator of a change of residential address, within 14 days of the change occurring.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

97            Licence holder to return licence

                If a high risk work licence is amended, the licence holder must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

98            Replacement licence document

         (1)   A licence holder must give written notice to the regulator as soon as practicable if the licence document is lost, stolen or destroyed.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.

Note   A licence holder is required to keep the licence document available for inspection (see regulation 94).

         (3)   An application for a replacement licence document must be made in the manner and form required by the regulator.

         (4)   The application must:

                (a)    include a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

               (b)    be accompanied by the relevant fee.

Note   See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

         (5)   The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.

         (6)   If the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note   A decision to refuse to replace a licence is a reviewable decision (see regulation 676).

99            Voluntary surrender of licence

         (1)   A licence holder may voluntarily surrender the licence document to the regulator.

         (2)   The licence expires on the surrender of the licence document.

Subdivision 4              Renewal of high risk work licence

100         Regulator may renew licence

                The regulator may renew a high risk work licence on application by the licence holder.

101         Application for renewal

         (1)   An application for renewal of a high risk work licence must be made in the manner and form required by the regulator.

         (2)   The application must include the following information:

                (a)    the name and residential address of the applicant;

               (b)    evidence of the applicant’s identity;

                (c)    a recent photograph of the applicant;

               (d)    a declaration by the applicant that he or she has maintained his or her competency to carry out the high risk work, including by obtaining any reassessment directed under regulation 95.

Note   See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

         (3)   The application must be accompanied by the relevant fee.

         (4)   The application must be made before the expiry of the licence.

102         Licence continues in force until application is decided

                If a licence holder applies under regulation 101 for the renewal of a high risk work licence, the licence is taken to continue in force from the day it would, apart from this regulation, have expired until the licence holder is given notice of the decision on the application.

103         Renewal of expired licence

                A person whose high risk work licence has expired may apply for a renewal of that licence:

                (a)    within 12 months after the expiry of the licence; or

               (b)    if the person satisfies the regulator that exceptional circumstances exist — within any longer period that the regulator allows.

Note 1   As the licence has expired, the applicant cannot carry out the work covered by the licence until the licence is renewed. An application made after a period referred to in paragraph (a) or (b) would be an application for a new licence under regulation 87.

Note 2   See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

104         Provisions relating to renewal of licence

         (1)   For this Subdivision:

                (a)    regulation 88 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and

               (b)    regulations 89 (except subregulation (5)), 90 and 92 apply as if a reference in regulation 89 to the grant of a licence were a reference to the renewal of a licence; and

                (c)    regulation 91 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence.

         (2)   The regulator may renew a high risk work licence granted to a person under a corresponding WHS law unless that licence is renewed under that law.

Note   A refusal to renew a licence is a reviewable decision (see regulation 676).

105         Status of licence during review

         (1)   This regulation applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.

         (2)   If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events:

                (a)    the expiry of the licence;

               (b)    the end of the period for applying for an internal review.

         (3)   If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events:

                (a)    the licence holder withdraws the application for review;

               (b)    the regulator makes a decision on the review.

         (4)   If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.

         (5)   If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events:

                (a)    the licence holder withdraws the application for review;

               (b)    the Administrative Appeals Tribunal makes a decision on the review.

         (6)   The licence continues to have effect under this regulation even if its expiry date passes.

Subdivision 5              Suspension and cancellation of high risk work licence

106         Suspension or cancellation of licence

         (1)   The regulator may suspend or cancel a high risk work licence if satisfied about one or more of the following:

                (a)    the licence holder has failed to take reasonable care to carry out the high risk work safely and competently;

               (b)    the licence holder has failed to obtain a reassessment of competency directed under regulation 95;

                (c)    the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information:

                          (i)    gave information that was false or misleading in a material particular; or

                         (ii)    failed to give any material information that should have been given in that application or on that request;

               (d)    the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body or that was obtained improperly through a breach of a condition of accreditation by the accredited assessor who conducted the competency assessment.

         (2)   If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for:

                (a)    a further high risk work licence of the same class; or

               (b)    another licence under these Regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.

Note   A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see regulation 676).

107         Matters taken into account

         (1)   In making a decision under regulation 106, the regulator must have regard to:

                (a)    any submissions made by the licence holder under regulation 108; and

               (b)    any advice received from a corresponding regulator.

         (2)   For paragraph 106 (1) (a), the regulator must have regard to all relevant matters, including the following:

                (a)    any offence under:

                          (i)    the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                         (ii)    any corresponding WHS law;

                        of which the licence holder has been convicted or found guilty

Note   Division 3 of Part VIIC of the Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.

               (b)    in relation to any equivalent licence applied for or held by the licence holder under a corresponding WHS law:

                          (i)    any refusal to grant the licence; and

                         (ii)    any conditions imposed on the licence, if granted; and

                        (iii)    any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;

                (c)    any enforceable undertaking the licence holder has entered into under:

                          (i)    the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                         (ii)    any corresponding WHS law;

               (d)    the licence holder’s record in relation to any matters arising under:

                          (i)    the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                         (ii)    any corresponding WHS law;

108         Notice to and submissions by licence holder

                Before suspending or cancelling a high risk work licence, the regulator must give the licence holder a written notice of the proposed suspension or cancellation and any proposed disqualification:

                (a)    outlining all relevant allegations, facts and circumstances known to the regulator; and

               (b)    advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation and any proposed disqualification.

109         Notice of decision

         (1)   The regulator must give the licence holder written notice of a decision under regulation 106 to suspend or cancel a high risk work licence within 14 days after making the decision.

         (2)   The notice must:

                (a)    state that the licence is to be suspended or cancelled; and

               (b)    if the licence is to be suspended, state:

                          (i)    when the suspension begins and ends; and

                         (ii)    the reasons for the suspension; and

                        (iii)    whether the licence holder is required to undergo retraining or reassessment, or take any other action, before the suspension ends; and

                        (iv)    whether or not the licence holder is disqualified from applying for a further licence during the suspension; and

                (c)    if the licence is to be cancelled, state:

                          (i)    when the cancellation takes effect; and

                         (ii)    the reasons for the cancellation; and

                        (iii)    whether or not the licence holder is disqualified from applying for a further licence; and

               (d)    if the licence holder is to be disqualified from applying for a further licence, state:

                          (i)    when the disqualification begins and ends; and

                         (ii)    the reasons for the disqualification; and

                        (iii)    whether or not the licence holder is required to undergo retraining or reassessment, or take any other action, before the disqualification ends; and

                        (iv)    any other class of high risk work licence or other licence under these Regulations the licence holder is disqualified from applying for during the period of suspension or disqualification; and

                (e)    state when the licence document must be returned to the regulator.

110         Immediate suspension

         (1)   The regulator may suspend a high risk work licence on a ground referred to in regulation 106 without giving notice under regulation 108 if satisfied that:

                (a)    work carried out under the high risk work licence should cease because the work may involve an imminent serious risk to the health or safety of any person; or

               (b)    a corresponding regulator has suspended an equivalent licence held by the licence holder under this regulation as applying in the corresponding jurisdiction.

         (2)   If the regulator decides to suspend a licence under this regulation:

                (a)    the regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and

               (b)    the suspension of the licence takes effect on the giving of the notice.

         (3)   The regulator must then:

                (a)    give notice under regulation 108 within 14 days after giving the notice under subregulation (2); and

               (b)    make its decision under regulation 106.

         (4)   If the regulator does not give notice under subregulation (3), the suspension ends at the end of the 14 day period.

         (5)   If the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 106.

111         Licence holder to return licence document

                A licence holder, on receiving a notice under regulation 109, must return the licence document to the regulator in accordance with the notice.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

112         Regulator to return licence document after suspension

                When the period of suspension of a licence ends, the regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.

Part 4.6              Demolition work

  

142         Notice of demolition work

         (1)   Subject to subregulation (4), a person conducting a business or undertaking who proposes to carry out any of the following demolition work must ensure that written notice is given to the regulator in accordance with this regulation at least 5 days before the work commences:

                (a)    demolition of a structure, or a part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, that is at least 6 metres in height;

               (b)    demolition work involving load shifting machinery on a suspended floor;

                (c)    demolition work involving explosives.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note 1   See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The notice must be given in the manner and form required by the regulator.

         (3)   Subregulation (4) applies to an emergency service organisation in relation to demolition work carried out or proposed to be carried out by an emergency service worker at the direction of the emergency service organisation responding to an emergency.

         (4)   An emergency service organisation must give notice under subregulation (1) as soon as practicable (whether before or after the work is carried out).

         (5)   In this regulation a reference to the height of a structure is a reference to the height of the structure measured from the lowest level of the ground immediately adjacent to the base of the structure at the point at which the height is to be measured to its highest point.

Part 4.7              General Electrical Safety in Workplaces and Energised Electrical Work

Division 1              Preliminary

144         Meaning of electrical equipment

         (1)   In this Part, electrical equipment means any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that:

                (a)    is used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra‑low voltage; or

               (b)    is operated by electricity at a voltage greater than extra‑low voltage; or

                (c)    is part of an electrical installation located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; or

               (d)    is, or is part of, an active impressed current cathodic protection system within the meaning of AS 2832.1:2004 (Cathodic protection of metals—Pipes and cables).

         (2)   In this Part, electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that is part of a vehicle that is a motor car or motorcycle if:

                (a)    the equipment is part of a unit of the vehicle that provides propulsion for the vehicle; or

               (b)    the electricity source for the equipment is a unit of the vehicle that provides propulsion for the vehicle.

145         Meaning of electrical installation

         (1)   In this Part, electrical installation means a group of items of electrical equipment that:

                (a)    are permanently electrically connected together; and

               (b)    can be supplied with electricity from the works of an electricity supply authority or from a generating source.

         (2)   An item of electrical equipment may be part of more than one electrical installation.

         (3)   In paragraph (1) (a):

                (a)    an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and

               (b)    connection achieved through using works of an electricity supply authority is not a consideration in determining whether or not electrical equipment is electrically connected.

146         Meaning of electrical work

         (1)   In this Part, electrical work means:

                (a)    connecting electricity supply wiring to electrical equipment or disconnecting electricity supply wiring from electrical equipment; or

               (b)    installing, removing, adding, testing, replacing, repairing, altering or maintaining electrical equipment or an electrical installation.

         (2)   In this Part, electrical work does not include the following:

                (a)    work that involves connecting electrical equipment to an electricity supply by means of a flexible cord plug and socket outlet;

               (b)    work on a non‑electrical component of electrical equipment, if the person carrying out the work is not exposed to an electrical risk;

Example

Painting electrical equipment covers and repairing hydraulic components of an electrical motor.

                (c)    replacing electrical equipment or a component of electrical equipment if that task can be safely performed by a person who does not have expertise in carrying out electrical work;

Example

Replacing a fuse or a light bulb.

               (d)    assembling, making, modifying or repairing electrical equipment as part of a manufacturing process;

                (e)    building or repairing ducts, conduits or troughs, where electrical wiring is or will be installed if:

                          (i)    the ducts, conduits or troughs are not intended to be earthed; and

                         (ii)    the wiring is not energised; and

                        (iii)    the work is supervised by:

                                   (A)     a person who is licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; or

                                   (B)     a person who:

                                                (I)     is exempted from a requirement to be licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; and

                                               (II)     has acquired through training, qualification or experience the knowledge and skills to carry out the work;

                (f)    locating or mounting electrical equipment, or fixing electrical equipment in place, if this task is not performed in relation to the connection of electrical equipment to an electricity supply;

               (g)    assisting an electrical worker who is licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing if:

                          (i)    the assistant is directly supervised by the electrical worker; and

                         (ii)    the assistance does not involve physical contact with any energised electrical equipment;

               (h)    assisting a person to acquire through training, qualification or experience the knowledge and skills to carry out the work, whether or not the person is exempted from the requirement to be licensed or permitted to perform electrical work;

                (i)    carrying out electrical work, other than work on energised electrical equipment, in order to meet eligibility requirements in relation to becoming:

                          (i)    an electrical worker who is licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; or

                         (ii)    an electrical worker who:

                                   (A)     is exempted from a requirement to be licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; and

                                   (B)     has acquired through training, qualification or experience the knowledge and skills to carry out the work.

Division 2              General risk management

147         Risk management

                A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with electrical risks at the workplace, in accordance with Part 3.1.

Example

Electrical risks associated with the design, construction, installation, protection, maintenance and testing of electrical equipment and electrical installations at a workplace.

Note   WHS Act — section 19 (see regulation 9).

Division 3              Electrical equipment and electrical installations

148         Electrical equipment and electrical installations to which this Division applies

                In this Division, a reference to electrical equipment or an electrical installation in relation to a person conducting a business or undertaking is a reference to electrical equipment or an electrical installation that is under the person’s management or control.

149         Unsafe electrical equipment

         (1)   A person conducting a business or undertaking at a workplace must ensure that any unsafe electrical equipment at the workplace:

                (a)    is disconnected (or isolated) from its electricity supply; and

               (b)    once disconnected (or isolated):

                          (i)    is not reconnected until it is repaired or tested and found to be safe; or

                         (ii)    is replaced or permanently removed from use.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   For this regulation, electrical equipment or a component of electrical equipment is unsafe if there are reasonable grounds for believing it to be unsafe.

150         Inspection and testing of electrical equipment

         (1)   A person conducting a business or undertaking at a workplace must ensure that electrical equipment is regularly inspected and tested by a competent person if the electrical equipment is:

                (a)    supplied with electricity through an electrical socket outlet; and

               (b)    used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   In the case of electrical equipment that is new and unused at the workplace, the person conducting the business or undertaking:

                (a)    is not required to comply with subregulation (1); and

               (b)    must ensure that the equipment is inspected for obvious damage before being used.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note 1   However, electrical equipment that is unsafe must not be used (see regulation 149).

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person must ensure that a record of any testing carried out under subregulation (1) is kept until the electrical equipment is:

                (a)    next tested; or

               (b)    permanently removed from the workplace or disposed of.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The record of testing:

                (a)    must specify the following:

                          (i)    the name of the person who carried out the testing;

                         (ii)    the date of the testing;

                        (iii)    the outcome of the testing;

                        (iv)    the date on which the next testing must be carried out; and

               (b)    may be in the form of a tag attached to the electrical equipment tested.

151         Untested electrical equipment not to be used

                A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that electrical equipment is not used if the equipment:

                (a)    is required to be tested under regulation 150; and

               (b)    has not been tested.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 4              Electrical work on energised electrical equipment

152         Application of Division 4

                This Division does not apply to work carried out by or on behalf of an electricity supply authority on the electrical equipment, including electric line‑associated equipment, controlled or operated by the authority to generate, transform, transmit or supply electricity.

153         Persons conducting a business or undertaking to which this Division applies

        In this Division (except regulations 156, 159 and 160), a reference to a person conducting a business or undertaking in relation to electrical work is a reference to the person conducting the business or undertaking who is carrying out the electrical work.

154         Electrical work on energised electrical equipment — prohibited

                Subject to this Division, a person conducting a business or undertaking must ensure that electrical work is not carried out on electrical equipment while the equipment is energised.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

155         Duty to determine whether equipment is energised

         (1)   A person conducting a business or undertaking must ensure that, before electrical work is carried out on electrical equipment, the equipment is tested by a competent person to determine whether or not it is energised.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note 1   Regulation 157 allows electrical testing to be carried out on electrical equipment for the purposes of this regulation. Regulation 161 sets out how the testing is to be carried out.

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person conducting a business or undertaking must ensure that:

                (a)    each exposed part is treated as energised until it is isolated and determined not to be energised; and

               (b)    each high‑voltage exposed part is earthed after being de‑energised.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

156         De‑energised equipment must not be inadvertently re‑energised

                A person conducting a business or undertaking must ensure that electrical equipment that has been de‑energised to allow electrical work to be carried out on it is not inadvertently re‑energised while the work is being carried out.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

157         Electrical work on energised electrical equipment — when permitted

         (1)   A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is not carried out unless:

                (a)    it is necessary in the interests of health and safety that the electrical work is carried out on the equipment while the equipment is energised; or

Example

It may be necessary that life‑saving equipment remain energised and operating while electrical work is carried out on the equipment.

               (b)    it is necessary that the electrical equipment to be worked on is energised in order for the work to be carried out properly; or

                (c)    it is necessary for the purposes of testing required under regulation 155; or

               (d)    there is no reasonable alternative means of carrying out the work.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The electrical work that may be carried out under paragraph (1) (a), (b) or (d) may include testing of the energised electrical equipment.

158         Preliminary steps

         (1)   A person conducting a business or undertaking must ensure the following before electrical work on energised electrical equipment commences:

                (a)    a risk assessment is conducted in relation to the proposed electrical work;

               (b)    the area where the electrical work is to be carried out is clear of obstructions so as to allow for easy access and exit;

                (c)    the point at which the electrical equipment can be disconnected or isolated from its electricity supply is:

                          (i)    clearly marked or labelled; and

                         (ii)    clear of obstructions so as to allow for easy access and exit by the worker who is to carry out the electrical work or any other competent person; and

                        (iii)    capable of being operated quickly;

               (d)    the person authorises the electrical work after consulting with the person with management or control of the workplace.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   For paragraph (1) (a), the risk assessment must be:

                (a)    conducted by a competent person; and

               (b)    recorded.

Note   Regulation 12 permits risk assessments to be conducted, in certain circumstances, to a class of hazards, tasks, things or circumstances.

         (3)   Paragraph (1) (c) does not apply to electrical work on electrical equipment if:

                (a)    the work is to be carried out on the supply side of the main switch on the main switchboard for the equipment; and

               (b)    the point at which the equipment can be disconnected from its electricity supply is not reasonably accessible from the work location.

159         Unauthorised access to equipment being worked on

                A person conducting a business or undertaking must ensure that only persons authorised by the person conducting the business or undertaking enter the immediate area in which electrical work on energised electrical equipment is being carried out.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

160         Contact with equipment being worked on

                A person conducting a business or undertaking must ensure that, while electrical work is being carried out on energised electrical equipment, all persons are prevented from creating an electrical risk by inadvertently making contact with an exposed energised component of the equipment.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

161         How the work is to be carried out

         (1)   A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is carried out:

                (a)    by a competent person who has tools, testing equipment and personal protective equipment that:

                          (i)    are suitable for the work; and

                         (ii)    have been properly tested; and

                        (iii)    are maintained in good working order; and

               (b)    in accordance with a safe work method statement prepared for the work; and

                (c)    subject to subregulation (5), with a safety observer present who has the competence and qualifications specified in subregulation (4).

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the person who carries out the electrical work uses the tools, testing equipment and personal protective equipment properly.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   For paragraph (1) (b), the safe work method statement must:

                (a)    identify the electrical work; and

               (b)    specify hazards associated with that electrical work and risks associated with those hazards; and

                (c)    describe the measures to be implemented to control the risks; and

               (d)    describe how the risk control measures are to be implemented, monitored and reviewed.

         (4)   For paragraph (1) (c):

                (a)    the safety observer must be competent:

                          (i)    to implement control measures in an emergency; and

                         (ii)    to rescue the worker who is carrying out the work, if necessary; and

               (b)    the safety observer must have been assessed in the previous 12 months as competent to rescue and resuscitate a person.

         (5)   A safety observer is not required if:

                (a)    the work consists only of testing; and

               (b)    the person conducting the business or undertaking has conducted a risk assessment under regulation 158 (1) (a) that shows that there is no serious risk associated with the proposed work.

162         Record keeping

         (1)   This regulation applies if a person conducting a business or undertaking prepares:

                (a)    a risk assessment under regulation 158; or

               (b)    a safe work method statement under regulation 161.

         (2)   Subject to subregulation (3), the person must keep:

                (a)    a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

               (b)    a copy of the safe work method statement until the work to which it relates is completed.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   If a notifiable incident occurs in connection with the work to which the assessment or statement relates, the person must keep the assessment or statement (as applicable) for at least 2 years after the incident occurs.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out electrical work to which the assessment or statement relates.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   The person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is available for inspection under the Act.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 5              Electrical equipment and installations and construction work — additional duties

163         Duty of person conducting business or undertaking

         (1)   A person conducting a business or undertaking that includes the carrying out of construction work must comply with AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites).

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   For subregulation (1), AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites) applies as if any term that is defined in that Standard and that is also defined in the Act or these Regulations has the same meaning as it has in the Act or these Regulations.

         (3)   If any requirement in AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites) deals with the same matter as a requirement under this Part, it is sufficient that the person conducting the business or undertaking complies with the requirement in AS/NZS 3012:2010 as modified by subregulation (2).

Division 6              Residual current devices

164         Use of socket outlets in hostile operating environment

         (1)   This regulation applies in the following circumstances:

                (a)    electrical equipment is used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust;

               (b)    electrical equipment is moved between different locations in circumstances where damage to the equipment or to a flexible electricity supply cord is reasonably likely;

                (c)    electrical equipment is frequently moved during its normal use;

               (d)    electrical equipment forms part of, or is used in connection with, an amusement device.

         (2)   In a circumstance set out in subregulation (1), a person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that any electrical risk associated with the supply of electricity to the electrical equipment through a socket outlet is minimised by the use of an appropriate residual current device.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   Without limiting subregulation (2), the residual current device must have a tripping current that does not exceed 30 milliamps if electricity is supplied to the equipment through a socket outlet not exceeding 20 amps.

         (4)   Subregulation (2) does not apply if the supply of electricity to the electrical equipment:

                (a)    does not exceed 50 volts alternating current; or

               (b)    is direct current; or

                (c)    is provided through an isolating transformer that provides at least an equivalent level of protection; or

               (d)    is provided from a non‑earthed socket outlet supplied by an isolated winding portable generator that provides at least an equivalent level of protection.

Note 1   This regulation commences on 1 January 2013 (see subregulation 2 (2)).

Note 2   Relevant electricity safety legislation of the State will also apply to the person conducting the business or undertaking.

165         Testing of residual current devices

         (1)   A person with management or control of a workplace must take all reasonable steps to ensure that residual current devices used at the workplace are tested regularly by a competent person to ensure that the devices are operating effectively.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person must keep a record of all testing of a residual current device (other than any testing conducted daily) until the earlier of the following occurs:

                (a)    the device is next tested;

               (b)    the device is permanently removed from use.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 7              Overhead and underground electric lines

166         Duty of person conducting a business or undertaking

         (1)   A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or underground electric line, the person conducting the business or undertaking at the workplace must ensure that:

                (a)    a risk assessment is conducted in relation to the proposed work; and

               (b)    control measures implemented are consistent with:

                          (i)    the risk assessment; and

                         (ii)    if an electricity supply authority is responsible for the electric line, any requirements of the authority.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note 1   Relevant electricity safety legislation of the State will also apply to the person conducting the business or undertaking.

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Part 4.8              Diving Work

Division 1              Preliminary

167         Purpose of Part 4.8

                The purpose of this Part is to impose duties on a person carrying out a business or undertaking at a workplace to ensure:

                (a)    the fitness and competence of persons who carry out general diving work and high risk diving work; and

               (b)    the health and safety of persons who carry out general diving work and high risk diving work; and

                (c)    the health and safety of other persons at workplaces where general diving work or high risk diving work is carried out.

Division 2              General diving work — Fitness and competence of worker

168         Person conducting business or undertaking must ensure fitness of workers

         (1)   A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work or undergo training for general diving work unless the worker holds a current certificate of medical fitness.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person must not direct or allow a worker to carry out general diving work or undergo training for diving work unless the work or training complies with any conditions on the current certificate of medical fitness of the worker.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

169         Certificate of medical fitness

                A certificate of medical fitness must:

                (a)    be issued by a registered medical practitioner with appropriate training in underwater medicine; and

               (b)    state the following:

                          (i)    the name of the person to whom it is issued;

                         (ii)    its date of issue and its expiry date;

                        (iii)    whether or not the person to whom it is issued is, in accordance with the fitness criteria, medically fit to carry out diving work;

                        (iv)    any conditions in relation to the type of diving work the person to whom it is issued is fit to carry out, or the circumstances in which the person is fit to carry out general diving work, including, in the case of a person who is under 18 years of age, any particular conditions applicable to the age of the person.

170         Duty to keep certificate of medical fitness

                A person conducting a business or undertaking at a workplace must keep the certificate of medical fitness of a worker who carries out general diving work for 1 year after the work is carried out.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

171         Competence of worker — general diving work

                A person must not carry out general diving work (other than incidental diving work and limited scientific diving work) unless:

                (a)    the person has one or more of the following qualifications:

                          (i)    a statement of attainment for a specified VET course for general diving work that includes the type of general diving work to be carried out by the person;

                         (ii)    a certificate for general diving work, issued by a training organisation, that mentions the subject areas covered in AS/NZS 4005.2:2000 (Training and certification of recreational divers—Recreational SCUBA dive supervisor); and

               (b)    the person has, through training, qualification or experience, acquired sound knowledge and skill in relation to the following:

                          (i)    the application of diving physics;

                         (ii)    the use, inspection and maintenance of diving equipment (including emergency equipment) and air supply of the type to be used in the proposed general diving work;

                        (iii)    the use of decompression tables or dive computers;

                        (iv)    dive planning;

                         (v)    ways of communicating with another diver and with persons at the surface during general diving work;

                        (vi)    how to safely carry out general diving work of the type proposed to be carried out;

                       (vii)    diving physiology and first aid.

Note   See section 44 of the Act.

172         Competence of worker — incidental diving work

         (1)   A person must not carry out incidental diving work unless the person has:

                (a)    the training, qualification or experience referred to in paragraph 171 (b); and

               (b)    relevant diving experience.

Note   See section 44 of the Act.

         (2)   In this regulation, a person has relevant diving experience if the person has logged at least 15 hours of diving, of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the diving work is to be carried out.

173         Competence of worker — limited scientific diving work

         (1)   A person who is not permanently resident in Australia must not carry out limited scientific diving work unless the person has:

                (a)    the training, qualification or experience referred to in paragraph 171 (b); and

               (b)    relevant diving experience, including relevant diving experience obtained outside Australia.

Note   See section 44 of the Act.

         (2)   In this regulation, a person has relevant diving experience if the person has logged at least 60 hours diving of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the limited scientific diving work is to be carried out.

174         Competence of competent person supervising general diving work

                A person appointed under regulation 177 must not perform any function associated with that appointment unless the person has:

                (a)    the qualification specified in paragraph 171(a); and

               (b)    experience in the type of diving work to be supervised.

Note   See section 44 of the Act.

175         Evidence of competence — duty of person conducting business or undertaking

         (1)   A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A person conducting as business or undertaking at a workplace must not direct or allow a person appointed under regulation 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under regulation 174.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

 Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   A person conducting a business or undertaking must keep the written evidence given to the person:

                (a)    under subregulation (1) — for at least 1 year after the diving work is carried out;

               (b)    under subregulation (2) — for at least 1 year after the last occasion on which the person performs a function associated with the appointment.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 3              Managing risks — general diving work

176         Management of risks to health and safety

         (1)   A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with general diving work, in accordance with Part 3.1.

Note   WHS Act — section 19 (see regulation 9).

         (2)   A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for subregulation (1).

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

177         Appointment of competent person to supervise diving work

                A person conducting a business or undertaking at a workplace must appoint one or more competent persons to:

                (a)    supervise general diving work carried out in the business or undertaking; and

               (b)    perform other functions under this Division.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note 1   See regulation 174 for the qualifications of the competent person.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

178         Additional control — dive plan

         (1)   A person conducting a business or undertaking at a workplace must not direct or allow general diving work to be carried out unless a dive plan for the dive:

                (a)    is prepared by a competent person appointed under regulation 177; or

               (b)    has been prepared by a competent person appointed under regulation 177 on an earlier occasion for a similar dive.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A dive plan must state the following:

                (a)    the method of carrying out the diving work to which it relates;

               (b)    the tasks and duties of each person involved in the dive;

                (c)    the diving equipment, breathing gases and procedures to be used in the dive;

               (d)    as applicable, dive times, bottom times and decompression profiles;

                (e)    hazards relating to the dive and measures to be implemented in the control of risks associated with those hazards;

                (f)    emergency procedures.

179         Dive plan must be complied with

         (1)   A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that general diving work is carried out in accordance with the dive plan prepared for it.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A person conducting a business or undertaking must ensure that a competent person appointed by the person under regulation 177 gives workers instruction in relation to the dive plan before commencing the diving work to which the plan relates.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

180         Additional control — dive safety log to be kept

                A person conducting a business or undertaking at a workplace where general diving work is carried out must keep a dive safety log that contains the following information about each dive carried out by a worker:

                (a)    the name of the worker who carries out the dive;

               (b)    the name of any other person with whom the dive is carried out;

                (c)    the name of the competent person appointed under regulation 177 to supervise the diving work;

               (d)    the date and location of the dive;

                (e)    the time each diver enters and leaves the water;

                (f)    the maximum depth of the dive;

               (g)    any incident, difficulty, discomfort or injury that occurs or is experienced during the dive;

               (h)    if the dive was carried out using a dive computer — the dive time;

                (i)    if the dive was carried out using dive tables — the repetitive dive group, if available, and either the bottom time or the dive time;

                (j)    if the repetitive group and surface interval result in a repetitive factor — the surface interval and the repetitive factor;

               (k)    if the dive is carried out using EANx:

                          (i)    the oxygen content of the EANx; and

                         (ii)    the maximum operating depth of the EANx;

                (l)    if the dive is carried out using mixed gas:

                          (i)    the oxygen content and the nitrogen content (if any) of the gas; and

                         (ii)    the maximum operating depth of the mixed gas; and

                        (iii)    the minimum operating depth of the bottom mix.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

181         Use of dive safety log

         (1)   This regulation applies to a person conducting a business or undertaking at a workplace where general diving work is carried out.

         (2)   The person conducting the business or undertaking must ensure that, after each dive carried out in connection with the general diving work is completed, the return of each diver is verified in the dive safety log, as soon as practicable after the return, by:

                (a)    the diver; and

               (b)    a competent person appointed under regulation 177 to supervise the diving work.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   If workers are carrying out general diving work from a vessel, the person conducting the business or undertaking must ensure that a competent person appointed under regulation 177 to supervise the diving work makes and verifies entries in the dive safety log of the number of workers and other persons on board the vessel:

                (a)    before the diving work commences; and

               (b)    before the vessel leaves the location after the diving work is completed.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person conducting the business or undertaking must ensure that the dive safety log is kept for at least 1 year after the last entry is made.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   In this regulation, an event is verified in the dive safety log:

                (a)    by signing; or

               (b)    if the log is electronic, by entering the verifier’s unique identifier.

182         Record keeping

         (1)   This regulation applies if a person conducting a business or undertaking prepares:

                (a)    a risk assessment under regulation 176; or

               (b)    a dive plan under regulation 178.

         (2)   Subject to subregulation (3), the person must keep:

                (a)    a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

               (b)    a copy of the dive plan until the work to which it relates is completed.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   If a notifiable incident occurs in connection with the work to which the assessment or dive plan relates, the person must keep the assessment or dive plan (as applicable) for at least 2 years after the incident occurs.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person must ensure that, for the period for which the assessment or dive plan must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out the work to which the assessment or dive plan relates.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   The person must ensure that, for the period for which the assessment or dive plan must be kept under this regulation, a copy is available for inspection under the Act.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 4              High risk diving work

183         Duties of person conducting business or undertaking

         (1)   A person conducting a business or undertaking at a workplace where high risk diving work is carried out must ensure that the following are in accordance with AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice):

                (a)    the fitness of persons carrying out the work;

               (b)    the competence of persons carrying out the work;

Note   See section 44 of the Act.

                (c)    the carrying out of the work.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The Regulator may approve a standard for the carrying out of high risk diving work by a member of the Defence Force.

         (3)   If a standard approved by the Regulator is in force:

                (a)    subregulation (1) does not apply; and

               (b)    a person conducting a business or undertaking at a workplace where high risk diving work is carried out by a member of the Defence Force must ensure that the following are in accordance with that standard:

                          (i)    the fitness of persons carrying out the work;

                         (ii)    the competence of persons carrying out the work;

Note   See section 44 of the Act.

                        (iii)    the carrying out of the work.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

184         Duty of worker — competence

         (1)   A person must not carry out high risk diving work unless the person has the qualifications, knowledge, skills and experience required by AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice) for work of the kind to be carried out by the person.

Note   See section 44 of the Act.

         (2)   However, if a standard approved by the Regulator under subregulation 183 (2) is in force:

                (a)    subregulation (1) does not apply; and

               (b)    a member of the Defence Force must not carry out high risk diving work unless the member has the qualifications, knowledge, skills and experience required by that standard for the high risk diving work.

Note   See section 44 of the Act.

Chapter 5    Plant and structures

Part 5.1              General duties for plant and structures

  

Note   In some jurisdictions, provisions will be included in Schedule 1 to the Act to extend the operation of this Part to plant outside the workplace.

Division 1              Preliminary

185         Application of Part 5.1 to plant

         (1)   Subject to this regulation, and unless the contrary intention appears, this Part applies to:

                (a)    the design, manufacture, importation, supply, installation, construction and commissioning of plant; and

               (b)    the use, repair or disposal of plant, whether manufactured before, on or after 1 January 2012; and

                (c)    the hazard identification, risk assessment and control or risk in relation to plant, whether manufactured before, on or after 1 January 2012.

         (2)   Subject to subregulation (3), this Part does not apply to plant that:

                (a)    relies exclusively on manual power for its operation; and

               (b)    is designed to be primarily supported by hand.

         (3)   This Part applies to explosive power tools that are designed to be supported by hand.

186         Application of Part 5.1 to structures

                This Part applies to structures as provided in this Part.

Division 2              Duties of persons conducting businesses or undertakings that design plant

187         Provision of information to manufacturer

                A designer of plant must ensure, when the design of the plant is made available to the manufacturer of the plant, that the manufacturer is provided with:

                (a)    information to enable the plant to be manufactured in accordance with the design specifications; and

               (b)    if applicable, information about:

                          (i)    the installation, commissioning, decommissioning, use, handling, storage and, if the plant is capable of being dismantled, dismantling of the plant; and

                         (ii)    the hazards and risks associated with the use of the plant that the designer has identified; and

                        (iii)    testing or inspections to be carried out on the plant; and

                        (iv)    the systems of work and competency of operators that are necessary for the safe use of the plant; and

                         (v)    the emergency procedures (if any) that are required to be implemented if there is a malfunction of the plant.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note 1   A designer also has duties under section 22 of the Act.

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

188         Hazard identified in design during manufacture

                If a manufacturer of plant advises the designer of the plant that there is a hazard in the design of plant for which the designer has not provided a control measure, the designer must:

                (a)    revise the information originally supplied to the manufacturer to ensure that:

                          (i)    the risk is eliminated so far as is reasonably practicable; or

                         (ii)    if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable; or

               (b)    notify the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with this Part.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note 1   A designer also has duties under section 22 of the Act.

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

189         Guarding

         (1)   This regulation applies if a designer of plant uses guarding as a measure to control risk.

         (2)   The designer must ensure, so far as is reasonably practicable, that the guarding designed for that purpose will prevent access to the danger point or danger area of the plant.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The designer must ensure that:

                (a)    if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant — the guarding is a permanently fixed physical barrier; or

               (b)    if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant — the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or

                (c)    if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b) — the guarding used is a physical barrier that can only be altered or removed by the use of tools; or

               (d)    if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c) — the design includes a presence‑sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The designer must ensure that the guarding is designed:

                (a)    to be of solid construction and securely mounted so as to resist impact or shock; and

               (b)    to make bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and

                (c)    so as not to cause a risk in itself.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   If the plant to be guarded contains moving parts and those parts may break or cause workpieces to be ejected from the plant, the designer must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (6)   Despite anything to the contrary in this regulation, the designer must ensure:

                (a)    that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and

               (b)    if the guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

190         Operational controls

         (1)   A designer of plant must ensure that the design provides for any operator’s controls for the plant to be:

                (a)    identified on the plant so as to indicate their nature and function and direction of operation; and

               (b)    located so as to be readily and conveniently operated by each person using the plant; and

                (c)    located or guarded to prevent unintentional activation; and

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

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the designer of the plant must ensure that the design provides for operator’s controls that:

                (a)    permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and

               (b)    while the plant is being maintained or cleaned, cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; and

                (c)    will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning:

                          (i)    is eliminated so far as is reasonably practicable; or

                         (ii)    if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

191         Emergency stop controls

         (1)   If plant is designed to be operated or attended by more than one person and more than one emergency stop control is fitted, the designer of the plant must ensure that the design provides for the multiple emergency stop controls to be of the ‘stop and lock‑off’ type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If the design of the plant includes an emergency stop control for the plant, the designer of the plant must ensure that the design provides:

                (a)    for the stop control to be prominent, clearly and durably marked and immediately accessible to each operator of the plant; and

               (b)    for any handle, bar or push button associated with the stop control to be coloured red; and

                (c)    that the stop control cannot be adversely affected by electrical or electronic circuit malfunction.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

192         Warning devices

         (1)   This regulation applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.

         (2)   The designer of the plant must ensure that the design provides for the device to be positioned on the plant to ensure the device will work to best effect.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 3              Duties of persons conducting businesses or undertakings that manufacture plant

193         Control of risk

         (1)   A manufacturer of plant must ensure the following:

                (a)    that the plant is manufactured and inspected having regard to the information provided to the manufacturer by the designer of the plant under the Act and these Regulations;

               (b)    if the information provided to the manufacturer by the designer of the plant under the Act and these Regulations requires the plant to be tested — that the plant is tested in accordance with that information;

                (c)    if, during the manufacturing process, any hazard is identified in the design of the plant for which the designer has not provided a control measure:

                          (i)    that the hazard is not incorporated into the manufacture of the plant; and

                         (ii)    that the designer of the plant is given written notice of the hazard as soon as practicable; and

                        (iii)    that all reasonable steps are taken to consult with the designer of the plant in relation to the alteration of the design to rectify the hazard.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A manufacturer of plant must ensure that, if it is not possible to notify the designer of the hazard in accordance with subregulation (1):

                (a)    the risk is eliminated, so far as is reasonably practicable; or

               (b)    if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.

Note   WHS Act — section 23 (see regulation 9).

         (3)   A manufacturer to whom paragraph (1) (c) applies must not manufacture the plant until:

                (a)    the designer gives the manufacturer the revised information or written instruction under regulation 188; or

               (b)    the manufacturer eliminates or minimises the risk under subregulation (2).

Note   WHS Act — section 23 (see regulation 9).

         (4)   If the designer notifies a manufacturer of plant under regulation 188, the manufacturer may proceed in accordance with the designer’s original information.

194         Guarding

         (1)   A manufacturer of plant must ensure that guarding used as a control measure is of solid construction and securely mounted so as to resist impact or shock.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A manufacturer of plant must ensure:

                (a)    that any guarding used as a control measure in relation to plant is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and

               (b)    if the guarding is removed — that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

195         Information must be obtained and provided

                A manufacturer of plant must:

                (a)    take all reasonable steps to obtain the information required to be provided to the manufacturer by the designer of the plant under paragraphs 22 (4) (a) and (c) of the Act and regulations 187 and 188; and

               (b)    ensure that a person to whom the manufacturer supplies the plant is, at the time of supply, provided with the information provided to the manufacturer by the designer under paragraphs 22 (4) (a) and (c) of the Act and regulation 187; and

                (c)    if the manufacturer acts in accordance with regulation 193(1)(c), ensure that a person to whom the manufacturer supplies the plant is provided with the information, applicable to the plant, that is required to be provided by the designer under sections 22 (4) (a) and (c) of the Act and regulation 188.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 4              Duties of persons conducting businesses or undertakings that import plant

196         Information to be obtained and provided by importer

                An importer of plant must:

                (a)    take all reasonable steps to obtain:

                          (i)    the information that would be required to be provided by a manufacturer under paragraphs 23 (4) (a) and (c) of the Act; and

                         (ii)    the information that would be required to be provided by the designer of the plant to the manufacturer under regulations 187 and 188; and

               (b)    give that information to any person to whom the importer supplies the plant.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

197         Control of risk

                An importer of plant must:

                (a)    ensure that the plant is inspected having regard to the information provided by the manufacturer; and

               (b)    if the information provided by the manufacturer requires the plant to be tested — ensure that the plant is tested in accordance with that information; and

                (c)    if any hazards are identified:

                          (i)    ensure that the plant is not supplied until the risks have been eliminated so far as is reasonably practicable; and

                         (ii)    if it is not reasonably practicable to eliminate the risks, advise the person to whom the plant is supplied of the risks; and

               (d)    take all reasonable steps to ensure that the designer and manufacturer of the plant are consulted in relation to any alteration made to the plant to control the risk.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 5              Duties of persons conducting businesses or undertakings that supply plant

198         Information to be obtained and provided by supplier

                A supplier of plant must:

                (a)    take all reasonable steps to obtain the information required to be provided by the manufacturer under paragraphs 23 (4) (a) and (c) of the Act and these Regulations; and

               (b)    ensure that, when the plant is supplied, the person to whom the plant is supplied is given the information obtained by the supplier under paragraph (a).

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

199         Supply of second‑hand plant — duties of supplier

         (1)   A supplier of second‑hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A supplier of second‑hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice:

                (a)    of the condition of the plant; and

               (b)    of any faults identified under subregulation (1); and

                (c)    if appropriate, that the plant should not be used until the faults are rectified.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   This regulation does not apply to plant to be used for scrap or spare parts.

200         Second‑hand plant to be used for scrap or spare parts

                A supplier of plant to be used for scrap or spare parts must, before the plant is supplied, inform the person to whom the plant is supplied, either in writing or by marking the plant, that the plant is being supplied for scrap or spare parts and that the plant in its current form is not to be used as plant.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 6              Duties of persons conducting businesses or undertakings that install, construct or commission plant

201         Duties of persons conducting businesses or undertakings that install, construct or commission plant

         (1)   This regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace.

         (2)   The person must ensure that the plant is installed, constructed or commissioned having regard to:

                (a)    the information provided by the designer, manufacturer, importer or supplier of the plant under the Act and these Regulations; or

               (b)    the instructions provided by a competent person to the extent that those instructions relate to health and safety.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

202         Duties of persons conducting businesses or undertakings that install, construct or commission structures

         (1)   This regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions a structure that is to be used, or could reasonably be expected to be used, as or at, a workplace.

         (2)   The person must ensure that the structure is installed, constructed or commissioned having regard to:

                (a)    the information provided by the designer, manufacturer, importer or supplier of the structure under the Act and these Regulations; or

               (b)    the instructions provided by a competent person to the extent that those instructions relate to health and safety.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 7              General duties of persons conducting a business or undertaking involving the management or control of plant

Note   A person with management or control of plant at a workplace is the person conducting a business or undertaking at the workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in subregulation 5 (1) and section 21 of the Act.

Subdivision 1              Management of risks

203         Management of risks to health and safety

                A person with management or control of plant at a workplace must manage risks to health and safety associated with plant, in accordance with Part 3.1.

Note   WHS Act — section 21 (see regulation 9).

Subdivision 2              Additional control measures for general plant

204         Control of risks arising from installation or commissioning

         (1)   A person with management or control of plant at a workplace must not commission the plant unless the person has established that the plant is, so far as is reasonably practicable, without risks to the health and safety of any person.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A person with management or control of plant at a workplace must not decommission or dismantle the plant unless the decommissioning or dismantling can be carried out, so far as is reasonably practicable, without risks to the health and safety of any person.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is a competent person.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is provided with the available information for eliminating or minimising risks to health or safety.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   A person with management or control of plant at a workplace must ensure that the processes for the installation, construction, commissioning, decommissioning and dismantling of plant include inspections that ensure, so far as is reasonably practicable, that risks associated with these activities are monitored.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

205         Preventing unauthorised alterations to or interference with plant

                The person with management or control of plant at a workplace must, so far as is reasonably practicable, prevent alterations to or interference with the plant that are not authorised by the person.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

206         Proper use of plant and controls

         (1)   The person with management or control of plant at a workplace must take all reasonable steps to ensure that plant is used only for the purpose for which it was designed, unless the person has determined that the proposed use does not increase the risk to health or safety.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   In determining whether or not a proposed use of plant increases the risk to health or safety, the person with management or control of the plant must ensure that the risk associated with the proposed use is assessed by a competent person.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person with management or control of plant at a workplace must take all reasonable steps to ensure that all health and safety features and warning devices (including guarding, operational controls, emergency stops and warning devices) are used in accordance with the instructions and information provided by that person under regulation 39.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

207         Plant not in use

                The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that plant that is not in use is left in a state that does not create a risk to the health or safety of any person.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

208         Guarding

         (1)   This regulation applies if guarding is used as a control measure in relation to plant at a workplace.

         (2)   The person with management or control of the plant must ensure that:

                (a)    if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant, the guarding is a permanently fixed physical barrier; or

               (b)    if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant, the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or

                (c)    if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b), the guarding used is a physical barrier that can only be altered or removed by the use of tools; or

               (d)    if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c), the guarding includes a presence‑sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person with management or control of the plant must ensure that the guarding:

                (a)    is of solid construction and securely mounted so as to resist impact or shock; and

               (b)    makes bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and

                (c)    does not create a risk in itself; and

               (d)    is properly maintained.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   If the plant to be guarded contains moving parts that may break or cause workpieces to be ejected from the plant, the person with management or control of the plant must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   Despite anything to the contrary in this regulation, the person with management or control of the plant must ensure:

                (a)    that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and

               (b)    if guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

209         Guarding and insulation from heat and cold

                The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that any pipe or other part of the plant associated with heat or cold is guarded or insulated so that the plant is without risks to the health and safety of any person.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

210         Operational controls

         (1)   The person with management or control of plant at a workplace must ensure that any operator’s controls are:

                (a)    identified on the plant so as to indicate their nature and function and direction of operation; and

               (b)    located so as to be readily and conveniently operated by each person using the plant; and

                (c)    located or guarded to prevent unintentional activation; and

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

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the person with management or control of the plant at a workplace must ensure that the operator’s controls:

                (a)    permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and

               (b)    while the plant is being maintained or cleaned, either:

                          (i)    cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; or

                         (ii)    if subparagraph (i) cannot be complied with because the plant must be operated by a person other than the person who is carrying out the maintenance or cleaning of the plant, cannot be operated except by a person authorised by the person with management or control of the plant for that purpose; and

                (c)    will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning:

                          (i)    is eliminated so far as is reasonably practicable; or

                         (ii)    if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

211         Emergency stops

         (1)   If plant at a workplace is designed to be operated or attended by more than one person and more than one emergency stop control is fitted, the person with management or control of plant at the workplace must ensure that the multiple emergency stop controls are of the ‘stop and lock‑off’ type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If the design of plant at a workplace includes an emergency stop control, the person with management or control of the plant at the workplace must ensure that:

                (a)    the stop control is prominent, clearly and durably marked and immediately accessible to each operator of the plant; and

               (b)    any handle, bar or push button associated with the stop control is coloured red; and

                (c)    the stop control cannot be adversely affected by electrical or electronic circuit malfunction.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

212         Warning devices

         (1)   This regulation applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.

         (2)   The person with management or control of the plant must ensure that the device is positioned on the plant to ensure that the device will work to best effect.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

213         Maintenance and inspection of plant

         (1)   The person with management or control of plant at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the plant is carried out by a competent person.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The maintenance, inspection and testing must be carried out:

                (a)    in accordance with the manufacturer’s recommendations, if any; or

               (b)    if there are no manufacturer’s recommendations, in accordance with the recommendations of a competent person; or

                (c)    in relation to inspection, if it is not reasonably practicable to comply with paragraph (a) or (b), annually.

Subdivision 3              Additional control measures for certain plant

Note   The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in subregulation 5 (1) and section 21 of the Act.

214         Powered mobile plant — general control of risk

                The person with management or control of powered mobile plant at a workplace must in accordance with Part 3.1, manage risks to health and safety associated with the following:

                (a)    the plant overturning;

               (b)    things falling on the operator of the plant;

                (c)    the operator being ejected from the plant;

               (d)    the plant colliding with any person or thing;

                (e)    mechanical failure of pressurised elements of plant that may release fluids that pose a risk to health and safety.

Note   WHS Act — section 21 (see regulation 9).

215         Powered mobile plant — specific control measures

         (1)   This regulation applies to a person conducting a business or undertaking with management or control of powered mobile plant at a workplace.

         (2)   The person must ensure, so far as is reasonably practicable, that a suitable combination of operator protective devices for the plant is provided, maintained and used.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person must ensure, so far as is reasonably practicable, that no person other than the operator rides on the plant unless the person is provided with a level of protection that is equivalent to that provided to the operator.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person must ensure that the plant does not collide with pedestrians or other powered mobile plant.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   Without limiting subregulation (4), if there is a possibility of the plant colliding with pedestrians or other powered mobile plant, the person must ensure that the plant has a warning device that will warn persons who may be at risk from the movement of the plant.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

216         Roll‑over protection on tractors

         (1)   The person with management or control of a tractor at a workplace must ensure that the tractor is not used unless it is securely fitted with a rollover protective structure.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If a tractor is used in a place that is too low for the tractor to work while it is fitted with a roll‑over protective structure, the structure may be lowered or removed for the period during which the tractor is used in such a situation (but only if other measures to minimise the risk of roll‑over are in place).

         (3)   This regulation does not apply if the tractor is:

                (a)    installed in a fixed position, and in a manner which would no longer permit it to be used as powered mobile plant; or

               (b)    a tractor with a mass of less than 560 kilograms or a mass of 15 000 kilograms or more; or

                (c)    being used for a historical purpose or activity.

         (4)   In this regulation:

historical purpose or activity, in relation to the use of a tractor, includes an activity ancillary to a historical activity.

Examples

1   Historical activity: a historical display, parade, demonstration or re‑enactment.

2   Activity ancillary to a historical activity: restoring, maintaining, modifying or housing a tractor used, or to be used, for a historical activity.

roll‑over protective structure means a structure designed to protect a tractor operator from injury if the tractor rolls over in any direction.

Note   Regulations 214 and 215 also apply to a tractor.

217         Protective structures on earthmoving machinery

         (1)   The person with management or control of earthmoving machinery at a workplace must ensure that the machinery is not used unless it is securely fitted with a protective structure.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   This regulation does not apply to earthmoving machinery that has a weight of less than 1 500 kilograms (not including attachments to the machinery) and is not designed to have a seated operator.

         (3)   In this regulation:

protective structure means a structure designed to protect the operator from injury if the machinery rolls over and from falling objects.

Note   Regulations 214 and 215 also apply to earthmoving machinery.

218         Industrial lift trucks

         (1)   The person with management or control of an industrial lift truck at a workplace must ensure that the truck is:

                (a)    equipped with lifting attachments that are suitable for the load to be lifted or moved by the truck; and

               (b)    operated in a manner that ensures that the risks to the operator of the truck and other persons at or near the workplace that arise from systems of work and the environment in which the truck is used:

                          (i)    are eliminated so far as is reasonably practicable; or

                         (ii)    if it is not reasonably practicable to eliminate the risks, are minimised so far as is reasonably practicable.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person with management or control of an industrial lift truck at a workplace must ensure that the truck is not used to carry a passenger unless:

                (a)    the truck is designed to carry a seated passenger; and

               (b)    the passenger seat is:

                          (i)    fitted with suitable seat restraints; and

                         (ii)    located within the zone of protection that is provided by the operator protective device required to be fitted to the industrial lift truck.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person with management or control of an industrial lift truck at a workplace must take all reasonable steps to ensure that a passenger in an industrial lift truck is seated in a seat that complies with paragraph (2) (b).

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note 1   Regulations 214 and 215 also apply to an industrial lift truck.

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

219         Plant that lifts or suspends loads

         (1)   This regulation applies in relation to plant that is used to lift or suspend persons or things.

         (2)   The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that the plant used is specifically designed to lift or suspend the load.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   If it is not reasonably practicable to use plant that is specifically designed to lift or suspend the load, the person must ensure that:

                (a)    the plant does not cause a greater risk to health and safety than if specifically designed plant were used; and

               (b)    if the plant is lifting or suspending persons, the use of the plant complies with regulation 220.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person must ensure that the lifting and suspending is carried out:

                (a)    with lifting attachments that are suitable for the load being lifted or suspended; and

               (b)    within the safe working limits of the plant.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   The person must ensure, so far as is reasonably practicable, that no loads are suspended or travel over a person unless the plant is specifically designed for that purpose.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (6)   The person must ensure, so far as is reasonably practicable, that loads are lifted or suspended in a way that ensures that the load remains under control during the activity.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (7)   The person must ensure, so far as is reasonably practicable, that no load is lifted simultaneously by more than one item of plant unless the method of lifting ensures that the load placed on each item of plant does not exceed the design capacity of the plant.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

220         Exception — plant not specifically designed to lift or suspend a person

         (1)   For paragraph 219 (3) (b), the person with management or control of the plant at a workplace must ensure that:

                (a)    the persons are lifted or suspended in a work box that is securely attached to the plant; and

               (b)    the persons in the work box remain substantially within the work box while they are being lifted or suspended; and

                (c)    if there is a risk of a person falling from a height, a safety harness is provided and worn by the person in order to prevent, so far as is reasonably practicable, injury to the person as a result of the fall; and

               (d)    means are provided by which the persons being lifted or suspended can safely exit from the plant in the event of a failure in its normal operation.

         (2)   This regulation does not apply to plant used in connection with:

                (a)    the performance of stunt work; or

               (b)    the performance of acrobatics; or

                (c)    theatrical performances.

Note   Part 4.4 (except regulation 79) applies to the matters in subregulation (2).

221         Plant used in connection with tree lopping

         (1)   Paragraphs 220 (1) (a) and (b) do not apply in connection with tree lopping if:

                (a)    a risk assessment shows that lifting or suspending a person in a harness with a crane to place the person in a tree to carry out tree lopping does not create a greater risk to health or safety than using plant specifically designed to lift a person or climbing a tree; and

               (b)    the tree lopping is carried out by a person who is a competent person in the use of the harness referred to in paragraph (a); and

                (c)    a crane is used to put the competent person in the tree to lop it; and

               (d)    the crane has safety mechanisms that would prevent the competent person from inadvertently falling; and

                (e)    while attached to the crane, the competent person is in visual, audio or radio communication with the crane operator.

         (2)   In this regulation:

harness means a work positioning harness that is designed and certified, in accordance with AS/NZS 1891.1:2007 (Industrial fall‑arrest systems—Harnesses and ancillary equipment), for the purpose of lifting and suspending a person.

222         Industrial robots

         (1)   This regulation applies to a person with management or control of an industrial robot or other remotely or automatically energised plant at a workplace.

         (2)   The person must not direct or allow a worker to work in the immediate vicinity of the plant if it could start without warning and cause a hazard, unless suitable control measures are in place to control the risks to health and safety.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

 Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   If the remote or automatic energising of the plant could lead to risks to health and safety, the person must ensure that access to the area in the immediate vicinity of the plant is controlled at all times:

                (a)    by isolating the area; or

               (b)    by:

                          (i)    providing interlocked guards; or

                         (ii)    if a risk remains, providing presence‑sensing devices; or

                        (iii)    if a risk then remains, providing permit to work systems.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

223         Lasers

         (1)   This regulation applies to the person with management or control, at a workplace, of laser equipment that may create a risk to health and safety.

         (2)   The person must ensure that laser equipment intended for use on plant is designed, constructed and installed so as to prevent accidental irradiation of any person.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person must ensure that laser equipment on plant is protected so that any operator of the plant or other person is not exposed to direct radiation, radiation produced by reflection or diffusion or secondary radiation.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person must ensure that the visual equipment used for the observation or adjustment of laser equipment on plant does not cause a risk to health or safety from laser rays.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   The person must ensure that the workers operating the laser equipment are trained in the proper operation of the equipment.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (6)   The person must ensure that Class 3B and Class 4 lasers (within the meaning of AS 2397:1993—Safe use of lasers in the building and construction industry) are not used in construction work.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

224         Pressure equipment

         (1)   The person with management or control of pressure equipment at a workplace must ensure that:

                (a)    the equipment is inspected on a regular basis by a competent person; and

               (b)    any gas cylinder that is inspected is marked with a current inspection mark showing the date of the most recent inspection.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person with management or control of gas cylinders at a workplace that is a gas cylinder filling station must ensure that:

                (a)    a gas cylinder is not filled with gas unless it bears a current inspection mark; and

               (b)    a gas cylinder is only filled with gas for which that cylinder is designed.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

225         Scaffolds

         (1)   This regulation applies in relation to:

                (a)    a suspended scaffold; and

               (b)    a cantilevered scaffold; and

                (c)    a spur scaffold; and

               (d)    a hung scaffold; and

                (e)    any other scaffold from which a person or thing could fall more than 4 metres.

         (2)   The person with management or control of a scaffold at a workplace must ensure that the scaffold is not used unless the person receives written confirmation from a competent person, who has inspected the scaffold, that construction of the scaffold has been completed.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person with management or control of a scaffold at a workplace must ensure that the scaffold and its supporting structure are inspected by a competent person:

                (a)    before use of the scaffold is resumed after an incident occurs that may reasonably be expected to affect the stability of the scaffold; and

               (b)    before use of the scaffold is resumed after repairs; and

                (c)    at least every 30 days.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   If an inspection indicates that a scaffold at a workplace or its supporting structure creates a risk to health or safety, the person with management or control of the scaffold must ensure that:

                (a)    any necessary repairs, alterations and additions are made or carried out; and

               (b)    the scaffold and its supporting structure are inspected again by a competent person before use of the scaffold is resumed.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   The person with management or control of a scaffold at a workplace must ensure that unauthorised access to the scaffold is prevented while the scaffold is incomplete or unattended.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Example

Danger tags and other warning signs.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

226         Plant with presence‑sensing safeguarding system — records

         (1)   The person with management or control of plant with a presence‑sensing safeguarding system at a workplace must keep a record of safety integrity tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subregulation (2).

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The record must be kept for:

                (a)    5 years unless paragraph (b) applies; or

               (b)    the life of the plant or until the person relinquishes control of the plant if the plant is registered plant or has been altered.

         (3)   The person must keep the record available for inspection under the Act.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person must make the record available to any person to whom the person relinquishes control of the plant.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Part 5.2              Additional duties relating to registered plant and plant designs

  

Note 1   The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in subregulation 5 (1) and section 21 of the Act.

Note 2   This Part applies in addition to Part 5.1.

Note 3   In this Part, plant includes a structure (see definition of plant in subregulation 5 (1)).

Division 1              Application of Part 5.2

227         Application of Part 5.2

                This Part applies to:

                (a)    plant that is required to be registered under Part 5.3; or

               (b)    plant the design of which is required to be registered under Part 5.3.

Division 2              Duty of persons conducting a business or undertaking who design plant to record plant design

228         Records and information

                If the design of plant is required to be registered under Part 5.3, the designer of that plant must make a record that contains:

                (a)    the method used to determine the control measures for the plant and the control measures that result from that determination; and

               (b)    a copy of the information provided to a manufacturer under section 22 of the Act in relation to that plant; and

                (c)    a copy of the information provided to a manufacturer under regulation 187 in relation to that plant; and

               (d)    if applicable, a copy of the information provided to a manufacturer under regulation 188 in relation to that plant.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

229         Record of standards or engineering principles used

         (1)   If the design of plant is required to be registered under Part 5.3, the designer of the plant must record any published technical standard, including any part of a published technical standard, that was used to design the plant.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If the designer of the plant has not used published technical standards to design the plant, the designer must record any engineering principles used to design the plant.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

230         Records to be available for inspection

         (1)   A designer of plant must ensure that the records made under regulations 228 and 229 are kept available for inspection under the Act.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A designer of plant must ensure that the records made under regulations 228 and 229 are made available for inspection by the design verifier of the plant design.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   A designer of plant must keep the records made under regulations 228 and 229 for the design life of the plant.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 3              Duties of persons conducting a business or undertaking

231         Duty of persons conducting businesses or undertakings that manufacture plant

                A manufacturer must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Part 5.3.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

232         Duty of persons conducting businesses or undertakings that import plant

                An importer must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Part 5.3.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

233         Duty of persons conducting businesses or undertakings that supply plant

                A supplier must not supply plant specified in Part 1 of Schedule 5 unless the design of that plant is registered under Part 5.3.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

234         Duty of persons conducting businesses or undertakings that commission plant

         (1)   This regulation applies to a person who conducts a business or undertaking that commissions plant.

         (2)   The person must not commission an item of plant that is specified in Part 2 of Schedule 5 for use in a workplace unless that item of plant is registered under Part 5.3.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   Nothing in subregulation (2) prevents a person from performing any necessary adjustments, tests or inspections as part of the commissioning process before the plant is commissioned at a workplace.

Division 4              Duties of persons conducting a business or undertaking involving the management or control of plant

Subdivision 1              Control measures for registered plant

235         Major inspection of registered mobile cranes and tower cranes

         (1)   This regulation applies to the person with management or control of a registered mobile crane or tower crane at a workplace.

         (2)   The person must ensure that the maintenance, inspection and, if necessary, testing of the crane is carried out by a competent person.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person must ensure that the crane is inspected:

                (a)    at the end of the design life recommended by the manufacturer for the crane; or

               (b)    if there are no manufacturer’s recommendations, in accordance with the recommendations of a competent person; or

                (c)    if it is not reasonably practicable to comply with paragraph (a) or (b), every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   In this regulation, a competent person is a person who:

                (a)    either:

                          (i)    has the skills, qualifications, competence and experience to inspect the plant; and

                         (ii)    is registered under a law that provides for the registration of professional engineers; or

               (b)    is determined by the regulator to be a competent person.

         (5)   The regulator may, on the application of a person, make a determination in relation to the person for paragraph (4) (b) if the regulator considers that exceptional circumstances exist.

236         Lifts

         (1)   The person with management or control of a lift at a workplace (including a person with management or control of maintenance of a lift) must ensure that:

                (a)    if there is a risk of a person falling down a lift well:

                          (i)    secure barriers are provided to prevent access to openings into the lift well by someone other than a person who is performing work in the lift well; and

                         (ii)    secure working platforms or equivalent arrangements are provided for a person who is working in the lift well to prevent a fall from height; and

               (b)    if there is a risk to a person working in a lift well from objects falling onto that person — a secure barrier is provided to prevent, so far as is reasonably practicable, falling objects from striking the person or otherwise causing a risk.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person must ensure that there is a safe means of entry to and exit from the base of the lift well.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person must ensure that there is fixed, in a prominent place in the lift, a sign that states the safe working load specified in the design of the lift.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

237         Records of plant

         (1)   This regulation applies in relation to plant that is required to be registered under Part 5.3.

         (2)   The person with management or control of the plant at a workplace must keep a record of all tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subregulation (3).

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The record must be kept for the period that the plant is used or until the person relinquishes control of the plant.

         (4)   The person must keep the record available for inspection under the Act.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   The person must make the record available to any person to whom the person relinquishes control of the plant.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Subdivision 2              Control measures for amusement devices

238         Operation of amusement devices

         (1)   The person with management or control of an amusement device at a workplace must ensure that the amusement device is operated only by a person who has been provided with instruction and training in the proper operation of the device.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person with management or control of an amusement device at a workplace must ensure that:

                (a)    the amusement device is checked before it is operated on each day on which it is to be operated; and

               (b)    the amusement device is operated without passengers before it is operated with passengers on each day on which the amusement device is to be operated; and

                (c)    the daily checks and operation of the amusement device without passengers are properly and accurately recorded in a log book for the amusement device.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

239         Storage of amusement devices

         (1)   The person with management or control of an amusement device at a workplace must ensure that the device is stored so as to be without risk to health and safety.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person with management or control of an amusement device at a workplace must ensure that a person who stores the device is a competent person or is under the supervision of a competent person.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

240         Maintenance, inspection and testing of amusement device

         (1)   The person with management or control of an amusement device at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the amusement device is carried out:

                (a)    by a competent person; and

               (b)    in accordance with:

                          (i)    the recommendations of the designer or manufacturer or designer and manufacturer; or

                         (ii)    if a maintenance manual for the amusement device has been prepared by a competent person, the requirements of the maintenance manual.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A person is not a competent person to carry out a detailed inspection of an amusement device that includes an electrical installation unless the person is qualified, or is assisted by a person who is qualified, to inspect electrical installations.

241         Annual inspection of amusement device

         (1)   The person with management or control of an amusement device at a workplace must ensure that a detailed inspection of the device is carried out at least once every 12 months by a competent person.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   An inspection must include the following:

                (a)    a check of information about the operational history of the amusement device since the last detailed inspection;

               (b)    a check of the log book for the amusement device;

                (c)    a check that maintenance and inspections have been undertaken under regulation 240;

               (d)    a check that any required tests have been carried out, and that appropriate records have been maintained;

                (e)    a detailed inspection of the amusement device to ensure compliance with the Act and these Regulations (including a specific inspection of the critical components of the amusement device).

         (3)   The regulator may extend the date for an inspection by up to 35 days if an inspection is scheduled to coincide with the same event each year.

         (4)   If the date is extended under subregulation (3), the new date is the date from which future annual inspections of the amusement device are determined.

         (5)   In this regulation, a competent person is a person who:

                (a)    either:

                          (i)    has the skills, qualifications, competence and experience to inspect the plant; and

                         (ii)    is registered under a law that provides for the registration of professional engineers; or

               (b)    is determined by the regulator to be a competent person.

         (6)   The regulator may, on the application of a person, make a determination in relation to the person for paragraph (5) (b) if the regulator considers that exceptional circumstances exist.

242         Log book and manuals for amusement device

         (1)   The person with management or control of an amusement device at a workplace, in addition to complying with the record‑keeping requirements of regulation 237, must ensure that:

                (a)    details of the erection or storage of the amusement device (including the date of erection) are recorded in the log book for the amusement device on each occasion on which it is erected or stored; and

               (b)    the log book and operating and maintenance manuals for the amusement device are kept with the amusement device.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   The person with management or control of an amusement device at a workplace must ensure that persons involved in the commissioning, installation, use, storage and testing, and the decommissioning, dismantling and disposal, of an amusement device are given:

                (a)    the log book for the amusement device in which details concerning erection, storage, operation and maintenance of the amusement device are recorded; and

               (b)    the operating and maintenance manuals for the amusement device.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note 1   Subregulation 237 (5) requires the person with management or control of the amusement device to give the log book and maintenance records to the person being supplied with the plant.

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Part 5.3              Registration of plant designs and items of plant

  

Note   In this Part, plant includes a structure (see definition of plant in subregulation 5 (1)).

Division 1              Plant designs to be registered

243         Plant design to be registered

                If:

                (a)    an item of plant is specified in Part 1 of Schedule 5; and

               (b)    the designer started (or started and completed) designing the plant on or after 1 January 1996;

the design must be registered under this Part.

Note   See section 42 of the Act.

244         Altered plant designs to be registered

         (1)   If the design of an item of plant specified in Part 1 of Schedule 5 that is registered under this Part is altered, the altered design must be registered under this Part.

Note   See section 42 of the Act.

         (2)   In this regulation a reference to the alteration of a design is a reference to an alteration that may affect health or safety.

245         Recognition of designs registered by corresponding regulator

         (1)   A design of an item of plant is not required to be registered under this Part if the design is registered under a corresponding WHS law.

         (2)   A design referred to in subregulation (1) that is altered is not required to be registered under this Part if the altered design is registered by the corresponding regulator that registered the original design.

Division 2              Items of plant to be registered

246         Items of plant to be registered

         (1)   An item of plant specified in Part 2 of Schedule 5 must be registered under this Part.

Note   See section 42 of the Act.

         (2)   The purpose of registering an item of plant is to ensure that it is inspected by a competent person and is safe to operate.

247         Recognition of plant registered by corresponding regulator

                An item of plant is not required to be registered under this Part if the plant is registered under a corresponding WHS law.

Division 3              Registration process for plant designs

248         Application of Division 3

                This Division applies to the registration of a design of an item of plant specified in Part 1 of Schedule 5.

249         Who can apply to register a plant design

         (1)   A person conducting a business or undertaking that designs an item of plant may apply to the regulator for the registration of the design of that item of plant.

         (2)   A person with management or control of an item of plant may apply to the regulator for the registration of the design of that item of plant.

250         Application for registration

         (1)   An application for registration of the design of an item of plant must be made in the manner and form required by the regulator.

         (2)   The application must include the following information:

                (a)    the applicant’s name;

               (b)    whether or not the applicant is a body corporate;

                (c)    if the applicant conducts the business or undertaking under a business name — that business name and a certificate or other written evidence of the registration of the business name;

               (d)    any other evidence of identity required by the regulator;

                (e)    a statement signed by the designer of the item of plant:

                          (i)    stating that the designer has complied with the designer’s obligations under section 22 of the Act in relation to the design; and

                         (ii)    specifying the published technical standards and engineering principles used in the design; and

                (f)    a design verification statement that accords with regulation 251;

               (g)    representational drawings of the design;

               (h)    a declaration that the applicant does not hold an equivalent registration under a corresponding WHS law.

Note   See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

         (3)   Any drawings or other documents provided with the application must be capable of being kept in an electronic form.

         (4)   The application must be accompanied by the relevant fee.

251         Design verification statement

                The design verification statement must:

                (a)    be written and signed by a person who is eligible to be a design verifier for the design; and

               (b)    state that the design was produced in accordance with published technical standards or engineering principles specified in the statement; and

                (c)    include:

                          (i)    the name, business address and qualifications (if applicable) of the design verifier; and

                         (ii)    if applicable, the name and business address of the organisation for which the design verifier works.

252         Who can be the design verifier

         (1)   A person is eligible to be a design verifier for the design of an item of plant if the person is a competent person.

         (2)   Despite subregulation (1), a person is not eligible to be a design verifier for the design of an item of plant if:

                (a)    the person was involved in the production of the design; or

               (b)    at the time the design was produced, the person was engaged by the person conducting the business or undertaking that produced the design.

         (3)   Paragraph (2) (b) does not apply if the person conducting the business or undertaking uses a quality system to undertake the design of plant that has been certified by a body accredited or approved by the Joint Accreditation System of Australia and New Zealand.

253         Duty of design verifier

                A design verifier of the design of an item of plant specified in Part 1 of Schedule 5 must document the design verification process carried out by that person and the results of that process.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

254         Design verification statements not to be made in certain circumstances

                A person must not make a design verification statement for the design of an item of plant specified in Part 1 of Schedule 5 if the person:

                (a)    is not eligible to be a design verifier for that design; or

               (b)    has not carried out a verification of the design.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

255         Additional information

         (1)   If an application for registration of a design of an item of plant does not contain enough information to enable the regulator to make a decision whether or not to grant the registration, the regulator may ask the applicant to provide additional information.

         (2)   A request for additional information must:

                (a)    specify the date (not being less than 28 days after the request) by which the additional information is to be given; and

               (b)    be confirmed in writing.

         (3)   If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.

         (4)   The regulator may make more than one request for additional information under this regulation.

256         Decision on application

         (1)   Subject to subregulation (3), the regulator must grant the registration if satisfied about the matters referred to in subregulation (2).

         (2)   The regulator must be satisfied about the following:

                (a)    the application has been made in accordance with this Division;

               (b)    the design is not registered under a corresponding WHS law;

                (c)    either:

                          (i)    the applicant is the Commonwealth, a public authority or a non‑Commonwealth licensee; or

                         (ii)    the regulator is satisfied that circumstances exist that justify the grant of the registration;

               (d)    the applicant is able to ensure compliance with any conditions that will apply to the registration.

         (3)   The regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has:

                (a)    given information that is false or misleading in a material particular; or

               (b)    failed to give any material information that should have been given.

         (4)   If the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision.

         (5)   If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 255, the regulator is taken to have refused to grant the registration applied for.

Note   A refusal to grant a registration (including under subregulation (5)) is a reviewable decision (see regulation 676).

257         Refusal of registration — process

         (1)   If the regulator proposes to refuse to grant a registration, the regulator must give the applicant a written notice:

                (a)    informing the applicant of the reasons for the proposed refusal; and

               (b)    advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

         (2)   After the date specified in a notice under subregulation (1), the regulator must:

                (a)    if the applicant has made a submission in relation to the proposed refusal to grant the registration — consider that submission; and

               (b)    whether or not the applicant has made a submission— decide whether to grant or refuse to grant the registration; and

                (c)    within 14 days after making that decision — give the applicant written notice of the decision, including the reasons for the decision.

Note   A refusal to grant a registration is a reviewable decision (see regulation 676).

258         Conditions of registration

         (1)   The regulator may impose any conditions it considers appropriate on the registration of a plant design.

         (2)   Without limiting subregulation (1), the regulator may impose conditions in relation to one or more of the following matters:

                (a)    the use and maintenance of plant manufactured to the design;

               (b)    the recording or keeping of information;

                (c)    the provision of information to the regulator.

Note 1   A person must comply with the conditions of registration (see section 45 of the Act).

Note 2   A decision to impose a condition on a registration is a reviewable decision (see regulation 676).

259         Duration of registration of plant design

                A registration of a plant design is granted for an unlimited duration.

260         Plant design registration number

         (1)   This regulation applies if the regulator registers a design of an item of plant.

         (2)   The regulator must issue a plant design registration number for the design to the applicant.

         (3)   The person to whom the plant design registration number is issued must give the registration number to the manufacturer, importer or supplier of plant manufactured to that design.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The manufacturer, supplier or importer of plant to whom a plant design registration number is given under this regulation must give that number to the person with management or control of the plant:

                (a)    manufactured to that design; or

               (b)    supplied to that person by the manufacturer, supplier or importer.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   The person with management or control of plant at a workplace for which a plant design is registered must ensure that the design registration number is kept readily accessible in the vicinity of the plant at all times.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

261         Registration document

         (1)   If the regulator registers a design of an item of plant, the regulator must issue to the applicant a registration document in the form determined by the regulator.

         (2)   The registration document must include the following:

                (a)    the name of the registration holder;

               (b)    if the registration holder conducts the business or undertaking under a business name, that business name;

                (c)    the registration number of the plant design;

               (d)    any conditions imposed on the registration by the regulator;

                (e)    the date on which the registration takes effect.

262         Registration document to be available

         (1)   A registration holder must keep the registration document available for inspection under the Act.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   Subregulation (1) does not apply if the registration document is not in the registration holder’s possession because:

                (a)    it has been returned to the regulator under regulation 287; or

               (b)    the registration holder has applied for, but has not received, a replacement registration document under regulation 288.

263         Disclosure of design information

         (1)   Subject to this regulation, the regulator must not disclose to any person any confidential information provided by an applicant for registration of a design of an item of plant.

         (2)   The regulator may disclose information about a plant design in either of the following circumstances:

                (a)    to a corresponding regulator or an authorised officer of a corresponding regulator, at the request of the corresponding regulator;

               (b)    to any person authorised by the applicant for the registration of the design.

         (3)   The regulator may give a copy of the design verification statement to:

                (a)    workers engaged by the person with management or control at a workplace of plant manufactured to the design; or

               (b)    a health and safety representative of those workers.

         (4)   The regulator may provide the person with management or control of plant with the minimum information about the plant design that is necessary for the safe operation of the plant if the registration holder for the design of the plant cannot be located or no longer exists.

Division 4              Registration process for an item of plant

264         Application of Division 4

                This Division applies in relation to the registration of an item of plant specified in Part 2 of Schedule 5 as requiring registration.

265         Who can apply to register an item of plant

                A person with management or control of an item of plant may apply to the regulator for the registration of that item of plant.

266         Application for registration

         (1)   An application for registration of an item of plant must be made in the manner and form required by the regulator.

         (2)   The application must include the following information:

                (a)    the applicant’s name;

               (b)    whether or not the applicant is a body corporate;

                (c)    if the applicant conducts the business or undertaking under a business name — that business name and a certificate or other written evidence of the registration of the business name;

               (d)    any other evidence of the applicant’s identity required by the regulator;

                (e)    sufficient information to clearly identify the item of plant;

                (f)    the date on which the plant was first commissioned or first registered, if known;

               (g)    if the design of the item of plant was also required to be registered under this Part, details of:

                          (i)    the plant design registration number; and

                         (ii)    the regulator or corresponding regulator that registered the design;

               (h)    a statement that the item of plant has been inspected by a competent person and assessed by that person as being safe to operate;

                (i)    a declaration that the applicant does not hold an equivalent registration under a corresponding WHS law.

Note   See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

         (3)   The application must be accompanied by the relevant fee.

267         When is a person competent to inspect plant

                A person is a competent person to inspect an item of plant for registration if the person has:

                (a)    educational or vocational qualifications in an engineering discipline relevant to the plant to be inspected; or

               (b)    knowledge of the technical standards relevant to the plant to be inspected.

268         Additional information

         (1)   If an application for registration of an item of plant does not contain enough information to enable the regulator to make a decision whether or not to grant the registration, the regulator may ask the applicant to provide additional information.

         (2)   A request for additional information must:

                (a)    specify the date (not being less than 28 days after the request) by which the additional information is to be given; and

               (b)    be confirmed in writing.

         (3)   If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.

         (4)   The regulator may make more than one request for additional information under this regulation.

269         Decision on application

         (1)   Subject to subregulation (3), the regulator must grant the registration if satisfied about the matters referred to in subregulation (2).

         (2)   The regulator must be satisfied about the following:

                (a)    the application has been made in accordance with this Division;

               (b)    the plant is not registered under a corresponding WHS law;

                (c)    the plant is located at a place where work is carried out, or is taken to be carried out, for a business or undertaking conducted by the Commonwealth, a public authority or a non‑Commonwealth licensee;

               (d)    if the applicant is an individual:

                          (i)    the applicant is a Commonwealth worker; or

                         (ii)    the regulator is satisfied that circumstances exist that justify the grant of the registration;

                (e)    if the applicant is not an individual:

                          (i)    the applicant is the Commonwealth, a public authority or a non‑Commonwealth licensee; or

                         (ii)    the regulator is satisfied that circumstances exist that justify the grant of the registration;

                (f)    the applicant is able to ensure compliance with any conditions that will apply to the registration.

         (3)   The regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has:

                (a)    given information that is false or misleading in a material particular; or

               (b)    failed to give any material information that should have been given.

         (4)   If the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision.

         (5)   If the regulator does not make a decision within 120 days after receiving the application or additional information requested under regulation 268, the regulator is taken to have refused to grant the registration applied for.

Note   A refusal to grant a registration (including under subregulation (5)) is a reviewable decision (see regulation 676).

270         Refusal of registration — process

         (1)   If the regulator proposes to refuse to grant a registration, the regulator must give the applicant:

                (a)    informing the applicant of the reasons for the proposed refusal; and

               (b)    advising the applicant that the applicant may, by a specified date, (being not less than 28 days after giving the notice) make a submission to the regulator in relation to the proposed refusal.

         (2)   After the date specified in a notice under subregulation (1), the regulator must:

                (a)    if the applicant has made a submission in relation to the proposed refusal to grant the registration — consider that submission; and

               (b)    whether or not the applicant has made a submission — decide whether to grant or refuse to grant the registration; and

                (c)    within 14 days after making that decision — give the applicant written notice of the decision, including the reasons for the decision.

Note   A refusal to grant a registration is a reviewable decision (see regulation 676).

271         Conditions of registration

         (1)   The regulator may impose any conditions it considers appropriate on the registration of an item of plant.

         (2)   Without limiting subregulation (1), the regulator may impose conditions in relation to one or more of the following:

                (a)    the use and maintenance of the item of plant;

               (b)    the recording or keeping of information;

                (c)    the provision of information to the regulator.

Note 1   A person must comply with the conditions of registration (see section 45 of the Act).

Note 2   A decision to impose a condition on a registration is a reviewable decision (see regulation 676).

272         Duration of registration

                A registration of an item of plant takes effect on the day it is granted and expires 5 years after that day.

273         Plant registration number

         (1)   This regulation applies if the regulator registers an item of plant.

         (2)   The regulator must issue a plant registration number for the plant to the registration holder within 14 days after that registration.

         (3)   The registration holder must give the plant registration number to the person with management or control of the plant at a workplace as soon as practicable after being issued with the number under subregulation (2).

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person with management or control of the plant at a workplace must ensure that the plant registration number is marked on the item of plant.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

274         Registration document

         (1)   If the regulator registers an item of plant, the regulator must issue to the applicant within 14 days a registration document in the form determined by the regulator.

         (2)   The registration document must include the following:

                (a)    the name of the registration holder;

               (b)    if the registration holder conducts the business or undertaking under a business name — that business name;

                (c)    the registration number for the item of plant; and

               (d)    any conditions imposed on the registration by the regulator;

                (e)    the date that the plant was first commissioned or first registered, whichever occurred first; and

                (f)    the date on which the registration was granted;

               (g)    the expiry date of the registration.

275         Registration document to be available

         (1)   The holder of the registration of an item of plant must keep the registration document available for inspection under the Act.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   Subregulation (1) does not apply if the registration document is not in the registration holder’s possession because:

                (a)    it has been returned to the regulator under regulation 287; or

               (b)    the registration holder has applied for but has not received, a replacement registration document under regulation 288.

276         Regulator may renew registration

                The regulator may, on application, renew the registration of an item of plant.

277         Application for renewal

         (1)   An application for renewal of a registration of an item of plant must be made in the manner and form required by the regulator.

         (2)   The application must include the following information:

                (a)    the applicant’s name;

               (b)    any evidence of identity required by the regulator;

                (c)    if the applicant conducts the business or undertaking under a business name, that business name and a certificate or other written evidence of the registration of the business name;

               (d)    the registration number of the item of plant;

                (e)    a declaration that the item of plant has been maintained, inspected and tested in accordance with regulation 213.

Note   See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

         (3)   The application must be accompanied by the relevant fee.

         (4)   The application must be made before the expiry of the registration.

278         Registration continues in force until application is decided

                If a registration holder applies under regulation 277 for the renewal of a registration, the registration is taken to continue in force from the day it would, apart from this regulation, have ended until the registration holder is given notice of the decision on the application.

279         Decision on application

         (1)   The regulator must renew the registration of an item of plant if the regulator is satisfied that:

                (a)    the application for renewal has been made in accordance with this Division; and

               (b)    the plant has been maintained, inspected and tested in accordance with regulation 213.

         (2)   For the purposes of this Division:

                (a)    regulation 268 applies as if a reference in that regulation to an application for registration were a reference to an application to renew registration; and

               (b)    regulations 269 (except subregulation (5)), 271 and 272 apply as if a reference in those regulations to the grant of a registration were a reference to the renewal of a registration; and

                (c)    regulation 270 applies as if a reference in that regulation to a refusal to grant a registration were a reference to a refusal to renew a registration.

Note   A refusal to renew a registration is a reviewable decision (see regulation 676).

280         Status of registration during review

         (1)   If the regulator gives the registration holder written notice of a decision to refuse to renew the registration, the registration continues to have effect in accordance with this regulation.

         (2)   If the registration holder does not apply for internal review, the registration continues to have effect until the last of the following events:

                (a)    the expiry of the registration;

               (b)    the end of the period for applying for an internal review.

         (3)   If the registration holder applies for an internal review, the registration continues to have effect until the earlier of the following events:

                (a)    the registration holder withdraws the application for review;

               (b)    the regulator makes a decision on the review.

         (4)   If the registration holder does not apply for an external review, the registration continues to have effect until the end of the time for applying for an external review.

         (5)   If the registration holder applies for an external review, the registration continues to have effect until the earlier of the following events:

                (a)    the registration holder withdraws the application for review;

               (b)    the Administrative Appeals Tribunal makes a decision on the review.

         (6)   The registration continues to have effect under this regulation even if its expiry date passes.

Division 5              Changes to registration and registration documents

281         Application of Division

                This Division applies to:

                (a)    the registration of a design of an item of plant; and

               (b)    the registration of an item of plant.

282         Changes to information

         (1)   A registration holder must give the regulator written notice of any change to:

                (a)    the registration holder’s name; or

               (b)    any of the information referred to in regulation 250, subregulation 255 (1), regulation 266 or subregulation 268 (1) within 14 days after the registration holder becomes aware of the change.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   Subregulation (1) applies whether the information was given in the application for grant of the registration or in any other circumstance.

         (3)   Without limiting subregulation (1), a registration holder for an item of plant must give written notice to the regulator if:

                (a)    the item of plant is altered to an extent or in a way that requires the plant to be subject to new control measures; or

               (b)    the item of plant is usually fixed and is relocated; or

                (c)    the registration holder no longer has management or control of the item of plant.

283         Amendment of registration imposed by regulator

         (1)   The regulator may, on its own initiative, amend a registration, including by amending the registration to:

                (a)    vary or delete a condition of the registration; or

               (b)    impose a new condition on the registration.

         (2)   Before amending a registration, the regulator must give the registration holder written notice:

                (a)    setting out the proposed amendment and the reasons for it; and

               (b)    advising the registration holder that the registration holder may make a submission to the regulator in relation to the proposed amendment within a specified period (being not less than 28 days from the date of the notice).

         (3)   After the date specified in a notice under subregulation (2), the regulator must:

                (a)    if the registration holder has made a submission in relation to the proposed amendment — consider that submission; and

               (b)    whether or not the registration holder has made a submission — decide:

                          (i)    to make the proposed amendment; or

                         (ii)    not to make any amendment; or

                        (iii)    to make a different amendment that results from consideration of any submission made by the registration holder; and

                (c)    within 14 days after making the decision — give the registration holder written notice that:

                          (i)    sets out the proposed amendment, if any, or states that no amendment is to be made; and

                         (ii)    if a submission was made in relation to the proposed amendment — sets out the regulator’s reasons for making the amendment; and

                        (iii)    specifies the date (being not less than 28 days after the registration holder is given the notice) on which the amendment, if any, takes effect.

Note   A decision to amend a registration is a reviewable decision (see regulation 676).

284         Amendment on application by registration holder

         (1)   The regulator, on application by the registration holder, may amend a registration, including by amending the registration to vary or delete a condition of the registration.

         (2)   If the regulator proposes to refuse to amend the registration, the regulator must give the registration holder a written notice:

                (a)    informing the registration holder of the proposed refusal to amend the registration and the reasons for the proposed refusal; and

               (b)    advising the registration holder that the registration holder may, by a specified date (being not less than 28 days after giving the notice) make a submission to the regulator in relation to the proposed refusal.

         (3)   After the date specified in a notice under subregulation (2), the regulator must:

                (a)    if the registration holder has made a submission in relation to the proposed refusal — consider that submission; and

               (b)    whether or not the registration holder has made a submission — decide:

                          (i)    to make the amendment applied for; or

                         (ii)    not to make any amendment; or

                        (iii)    to make a different amendment that results from consideration of any submission made by the registration holder; and

                (c)    within 14 days after making the decision — give the registration holder written notice in accordance with this regulation.

         (4)   If the regulator makes the amendment applied for, the notice under paragraph (3) (c) must specify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect.

         (5)   If the regulator refuses to make the amendment, or makes a different amendment, the notice under paragraph (3) (c) must:

                (a)    if a submission was made in relation to the proposed refusal of the amendment applied for — set out the reasons for the decision; and

               (b)    if the regulator makes a different amendment:

                          (i)    set out the amendment; and

                         (ii)    specify the date (being not less than 28 days after the registration holder is given the notice) on which the amendment takes effect.

Note   A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see regulation 676).

285         Minor corrections to registration

                The regulator may make minor amendments to a registration, including an amendment:

                (a)    to correct an obvious error; or

               (b)    to change an address; or

                (c)    that does not impose a significant burden on the registration holder.

286         Regulator to give amended registration document

                If the regulator amends a registration and considers that the registration document requires amendment, the regulator must give the registration holder an amended registration document within 14 days after making the decision to amend the registration.

287         Registration holder to return registration document

                A registration holder must return the registration document to the regulator for amendment at the written request of the regulator within the time specified in the request.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

288         Replacement registration document

         (1)   A registration holder must give written notice to the regulator as soon as practicable if the registration document is lost, stolen or destroyed.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If a registration document is lost, stolen or destroyed, the registration holder may apply to the regulator for a replacement document.

Note   A registration holder is required to keep a registration document available for inspection (see regulation 275).

         (3)   An application for a replacement registration document must be made in the manner and form required by the regulator.

         (4)   The application must:

                (a)    include a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

Note   See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

               (b)    be accompanied by the relevant fee.

         (5)   The regulator must issue a replacement registration document if satisfied that the original document was lost, stolen or destroyed.

         (6)   If the regulator refuses to issue a replacement registration document, the regulator must give the registration holder written notice of this decision, including the reasons for the decision within 14 days of making the decision.

Note   A refusal to issue a replacement registration document is a reviewable decision (see regulation 676).

Chapter 6    Construction work

Part 6.1              Preliminary

  

289         Meaning of construction work

         (1)   In this Chapter, construction work means any work carried out in connection with the construction, alteration, conversion, fitting‑out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure.

         (2)   Without limiting subregulation (1), construction work includes the following:

                (a)    any installation or testing carried out in connection with an activity referred to in subregulation (1);

               (b)    the removal from the workplace of any product or waste resulting from demolition;

                (c)    the prefabrication or testing of elements, at a place specifically established for the construction work, for use in construction work;

               (d)    the assembly of prefabricated elements to form a structure, or the disassembly of prefabricated elements forming part of a structure;

                (e)    the installation, testing or maintenance of an essential service in relation to a structure;

                (f)    any work connected with an excavation;

               (g)    any work connected with any preparatory work or site preparation (including landscaping as part of site preparation) carried out in connection with an activity referred to in subregulation (1);

               (h)    an activity referred to in subregulation (1), that is carried out on, under or near water, including work on buoys and obstructions to navigation.

         (3)   In this Chapter, construction work does not include any of the following:

                (a)    the manufacture of plant;

               (b)    the prefabrication of elements, other than at a place specifically established for the construction work, for use in construction work;

                (c)    the construction or assembly of a structure that once constructed or assembled is intended to be transported to another place;

               (d)    testing, maintenance or repair work of a minor nature carried out in connection with a structure;

                (e)    mining or the exploration for or extraction of minerals.

290         Meaning of structure

         (1)   In this Chapter, structure has the same meaning as it has in the Act.

Examples

1   A roadway or pathway.

2   A ship or submarine.

3   Foundations, earth retention works and other earthworks, including river works and sea defence works.

4   Formwork, falsework or any other structure designed or used to provide support, access or containment during construction work.

5   An airfield.

6   A dock, harbour, channel, bridge, viaduct, lagoon or dam.

7   A sewer or sewerage or drainage works.

         (2)   This Chapter does not apply to plant unless:

                (a)    the plant is:

                          (i)    a ship or submarine; or

                         (ii)    a pipe or pipeline; or

                        (iii)    an underground tank; or

                        (iv)    designed or used to provide support, access or containment during work in connection with construction work; or

               (b)    work on the plant relates to work that is carried out in connection with construction work; or

                (c)    the plant is fixed plant on which outage work or overhaul work that involves or may involve work being carried out by 5 or more persons conducting businesses or undertakings at any point in time.

Note   This Chapter does not apply to the manufacture of plant (see paragraph 289 (3) (a)).

291         Meaning of high risk construction work

                In this Chapter, high risk construction work means construction work that:

                (a)    involves a risk of a person falling more than 2 metres; or

               (b)    is carried out on a telecommunication tower; or

                (c)    involves demolition of an element of a structure that is load‑bearing or otherwise related to the physical integrity of the structure; or

               (d)    involves, or is likely to involve, the disturbance of asbestos; or

                (e)    involves structural alterations or repairs that require temporary support to prevent collapse; or

                (f)    is carried out in or near a confined space; or

               (g)    is carried out in or near:

                          (i)    a shaft or trench with an excavated depth greater than 1·5 metres; or

                         (ii)    a tunnel; or

               (h)    involves the use of explosives; or

                (i)    is carried out on or near pressurised gas distribution mains or piping; or

                (j)    is carried out on or near chemical, fuel or refrigerant lines; or

               (k)    is carried out on or near energised electrical installations or services; or

                (l)    is carried out in an area that may have a contaminated or flammable atmosphere; or

              (m)    involves tilt‑up or precast concrete; or

               (n)    is carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use by traffic other than pedestrians; or

               (o)    is carried out in an area at a workplace in which there is any movement of powered mobile plant; or

               (p)    is carried out in an area in which there are artificial extremes of temperature; or

               (q)    is carried out in or near water or other liquid that involves a risk of drowning; or

                (r)    involves diving work.

292         Meaning of construction project

                In this Chapter, a construction project is a project that involves construction work where the cost of the construction work is $250 000 or more.

293         Meaning of principal contractor

         (1)   In this Chapter, a person conducting a business or undertaking that commissions a construction project is, subject to this regulation, the principal contractor for the project.

         (2)   If the person referred to in subregulation (1) engages another person conducting a business or undertaking as principal contractor for the construction project and authorises the person to have management or control of the workplace and to discharge the duties of a principal contractor under this Chapter, the person so engaged is the principal contractor for the project.

         (3)   If the owner of residential premises is an individual who directly or indirectly engages a person conducting a business or undertaking to undertake a construction project in relation to the premises, the person so engaged is the principal contractor for the project if the person has management or control of the workplace.

         (4)   A construction project has only one principal contractor at any specific time.

Note   A person with management or control of a workplace must comply with section 20 of the Act.

Part 6.2              Duties of designer of structure and person who commissions construction work

  

294         Person who commissions work must consult with designer

         (1)   A person conducting a business or undertaking that commissions construction work in relation to a structure must, so far as is reasonably practicable, consult with the designer of the whole or any part of the structure about how to ensure that risks to health and safety arising from the design during the construction work are:

                (a)    eliminated, so far as is reasonably practicable; or

               (b)    if it is not reasonably practicable to eliminate the risks, minimised so far as is reasonably practicable.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   Consultation must include giving the designer any information that the person who commissions the construction work has in relation to the hazards and risks at the workplace where the construction work is to be carried out.

295         Designer must give safety report to person who commissions design

         (1)   The designer of a structure or any part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that specifies the hazards relating to the design of the structure that, so far as the designer is reasonably aware:

                (a)    create a risk to the health or safety of persons who are to carry out any construction work on the structure or part; and

               (b)    are associated only with the particular design and not with other designs of the same type of structure.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If the person conducting a business or undertaking who commissions a construction project did not commission the design of the construction project, the person must take all reasonable steps to obtain a copy of the written report referred to in subregulation (1) in relation to that design.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

296         Person who commissions project must give information to principal contractor

                If a person conducting a business or undertaking that commissions a construction project engages a principal contractor for the project, the person must give the principal contractor any information the person has in relation to hazards and risks at or in the vicinity of the workplace where the construction work is to be carried out.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Part 6.3              Duties of person conducting business or undertaking

  

Note   As a principal contractor is a person conducting a business or undertaking, this Part also applies to a principal contractor.

Division 1              General

297         Management of risks to health and safety

                A person conducting a business or undertaking must manage risks associated with the carrying out of construction work in accordance with Part 3.1.

Note   WHS Act — section 19 (see regulation 9).

298         Security of workplace

         (1)   A person with management or control of a workplace at which construction work is carried out must ensure, so far as is reasonably practicable, that the workplace is secured from unauthorised access.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   In complying with subregulation (1), the person must have regard to all relevant matters, including:

                (a)    risks to health and safety arising from unauthorised access to the workplace; and

               (b)    the likelihood of unauthorised access occurring; and

Example

The proximity of the workplace to places frequented by children, including schools, parks and shopping precincts.

                (c)    to the extent that unauthorised access to the workplace cannot be prevented — how to isolate hazards within the workplace.

Division 2              High risk construction work—safe work method statements

299         Safe work method statement required for high risk construction work

         (1)   A person conducting a business or undertaking that includes the carrying out of high risk construction work must, before high risk construction work commences, ensure that a safe work method statement for the proposed work:

                (a)    is prepared; or

               (b)    has already been prepared by another person.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   A safe work method statement must:

                (a)    identify the work that is high risk construction work; and

               (b)    specify hazards relating to the high risk construction work and risks to health and safety associated with those hazards; and

                (c)    describe the measures to be implemented to control the risks; and

               (d)    describe how the control measures are to be implemented, monitored and reviewed.

         (3)   A safe work method statement must:

                (a)    be prepared taking into account all relevant matters, including:

                          (i)    circumstances at the workplace that may affect the way in which the high risk construction work is carried out; and

                         (ii)    if the high risk construction work is carried out in connection with a construction project — the WHS management plan that has been prepared for the workplace; and

               (b)    be set out and expressed in a way that is readily accessible and understandable to persons who use it.

300         Compliance with safe work method statement

         (1)   A person conducting a business or undertaking that includes the carrying out of high risk construction work must put in place arrangements for ensuring that high risk construction work is carried out in accordance with the safe work method statement for the work.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If high risk construction work is not carried out in accordance with the safe work method statement for the work, the person must ensure that the work:

                (a)    is stopped immediately or as soon as it is safe to do so; and

               (b)    resumed only in accordance with the statement.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

301         Safe work method statement — copy to be given to principal contractor

                A person conducting a business or undertaking that includes carrying out high risk construction work in connection with a construction project must, before the high risk construction work commences, ensure that a copy of the safe work method statement for the work is given to the principal contractor.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

302         Review of safe work method statement

                A person conducting a business or undertaking must ensure that a safe work method statement is reviewed and, as necessary, revised if relevant control measures are revised under regulation 38.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

303         Safe work method statement must be kept

         (1)   Subject to subregulation (2), a person conducting a business or undertaking must keep a copy of the safe work method statement until the high risk construction work to which it relates is completed.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (2)   If a notifiable incident occurs in connection with the high risk construction work to which the statement relates, the person must keep the statement for at least 2 years after the incident occurs.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person must ensure that for the period for which the statement must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out the high risk construction work.

Penalty:

                (a)    In the case of an individual — $3 600.

               (b)    In the case of a body corporate — $18 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person must ensure that for the period for which the statement must be kept under this regulation, a copy is available for inspection under the Act.

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Division 3              Excavation work

304         Excavation work — underground essential services information

         (1)   This regulation applies in relation to a part of a workplace where excavation work is being carried out and any adjacent areas.

         (2)   A person with management or control of the workplace must take all reasonable steps to obtain current underground essential services information about the areas referred to in subregulation (1) before directing or allowing the excavation work to commence.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (3)   The person with management or control of the workplace must provide the information obtained under subregulation (2) to any person engaged by the person to carry out the excavation work.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (4)   The person with management or control of the workplace and any person conducting a business or undertaking who is given information under subregulation (3) must have regard to the information referred to in subregulation (2) in carrying out or directing or allowing the carrying out of the excavation work.

Penalty:

                (a)    In the case of an individual — $6 000.

               (b)    In the case of a body corporate — $30 000.

Note 1   Legislation relating to the essential services may also impose duties on the person conducting the business or undertaking and the persons carrying out the work.

Note 2   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (5)   The person with control or management of the workplace must ensure that the information referred to in subregulation (2) is available for inspection under the Act for the period specified in subregulation (6).

Penalty:

                (a)    In the case of an individual — $1 250.

               (b)    In the case of a body corporate — $6 000.

Note   Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

         (6)   The information must be available:

                (a)    if a notifiable incident occurs in connection with the excavation work to which the information relates — for at least 2 years after the incident occurs; and

               (b)    in every other case — until the excavation work is completed.

         (7)   In this regulation:

underground essential services means essential services that use pipes, cables or other associated plant located underground.

underground essential services information, in relation to proposed excavation work, means the following information about underground essential services that may be affected by the excavation:

                (a)    the essential services that may be affected;

               (b)    the location, including the depth, of any pipes, cables or other plant associated with the affected essential services;