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 inspection—see 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)