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Work Health and Safety Regulations 2011

Authoritative Version
  • - F2015C00095
  • In force - Superseded Version
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SLI 2011 No. 262 Regulations as amended, taking into account amendments up to Work Health and Safety Amendment (Public Authorities) Regulation 2014
These Regulations implement the model Work Health and Safety Regulations in the Commonwealth jurisdiction and form part of a system of nationally harmonised occupational health and safety laws. The Regulations will apply to the Commonwealth, public authorities and, for a transitional period, non-Commonwealth licensees.
Administered by: Employment
Registered 02 Feb 2015
Start Date 01 Feb 2015
End Date 26 Jun 2015
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Collapse Chapter 1—PreliminaryChapter 1—Preliminary
Collapse Part 1.1—Introductory mattersPart 1.1—Introductory matters
1 Name of Regulations
2 Commencement
3 Authorising provisions
5 Definitions
6 Determination of safety management system
6A Meaning of corresponding WHS law
6B Meaning of court
6C Meaning of public authority
7 Meaning of person conducting a business or undertaking—persons excluded
8 Meaning of supply
9 Provisions linked to health and safety duties in Act
Expand Part 1.2—ApplicationPart 1.2—Application
Expand Part 1.3—Incorporated documentsPart 1.3—Incorporated documents
Expand Chapter 2—Representation and participationChapter 2—Representation and participation
Expand Chapter 3—General risk and workplace managementChapter 3—General risk and workplace management
Expand Chapter 4—Hazardous workChapter 4—Hazardous work
Expand Chapter 5—Plant and structuresChapter 5—Plant and structures
Expand Chapter 6—Construction workChapter 6—Construction work
Expand Chapter 7—Hazardous chemicalsChapter 7—Hazardous chemicals
Expand Chapter 8—AsbestosChapter 8—Asbestos
Expand Chapter 9—Major hazard facilitiesChapter 9—Major hazard facilities
Chapter 10—Mines
Expand Chapter 11—GeneralChapter 11—General
Expand Chapter 12—Transitional and saving provisionsChapter 12—Transitional and saving provisions
Schedule 1—Revocation of regulations
Expand Schedule 2—FeesSchedule 2—Fees
Expand Schedule 3—High risk work licences and classes of high risk workSchedule 3—High risk work licences and classes of high risk work
Expand Schedule 4—High risk work licences—competency requirementsSchedule 4—High risk work licences—competency requirements
Expand Schedule 5—Registration of plant and plant designsSchedule 5—Registration of plant and plant designs
Expand Schedule 6—Classification of mixturesSchedule 6—Classification of mixtures
Expand Schedule 7—Safety data sheetsSchedule 7—Safety data sheets
Expand Schedule 8—Disclosure of ingredients in safety data sheetSchedule 8—Disclosure of ingredients in safety data sheet
Expand Schedule 9—Classification, packaging and labelling requirementsSchedule 9—Classification, packaging and labelling requirements
Schedule 10—Prohibited carcinogens, restricted carcinogens and restricted hazardous chemicals
Expand Schedule 11—Placard and manifest quantitiesSchedule 11—Placard and manifest quantities
Expand Schedule 12—Manifest requirementsSchedule 12—Manifest requirements
Expand Schedule 13—Placard requirementsSchedule 13—Placard requirements
Schedule 14—Requirements for health monitoring
Expand Schedule 15—Hazardous chemicals at major hazard facilities (and their threshold quantity)Schedule 15—Hazardous chemicals at major hazard facilities (and their threshold quantity)
Expand Schedule 16—Matters to be included in emergency plan for major hazard facilitySchedule 16—Matters to be included in emergency plan for major hazard facility
Expand Schedule 17—Additional matters to be included in safety management system of major hazard facilitySchedule 17—Additional matters to be included in safety management system of major hazard facility
Expand Schedule 18—Additional matters to be included in safety case for a major hazard facilitySchedule 18—Additional matters to be included in safety case for a major hazard facility

Work Health and Safety Regulations 2011

Select Legislative Instrument No. 262, 2011

made under the

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

Compilation No. 5

Compilation date:                              1 February 2015

Includes amendments up to:            SLI No. 173, 2014

Registered:                                         2 February 2015

 

About this compilation

This compilation

This is a compilation of the Work Health and Safety Regulations 2011 that shows the text of the law as amended and in force on 1 February 2015 (the compilation date).

This compilation was prepared on 2 February 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Chapter 1—Preliminary                                                                                         1

Part 1.1—Introductory matters                                                                                     1

1............ Name of Regulations........................................................................... 1

2............ Commencement................................................................................... 1

3............ Authorising provisions....................................................................... 1

5............ Definitions.......................................................................................... 1

6............ Determination of safety management system.................................... 37

6A......... Meaning of corresponding WHS law............................................... 37

6B......... Meaning of court.............................................................................. 39

6C......... Meaning of public authority.............................................................. 40

7............ Meaning of person conducting a business or undertaking—persons excluded       41

8............ Meaning of supply............................................................................ 41

9............ Provisions linked to health and safety duties in Act.......................... 42

Part 1.2—Application                                                                                                        43

11.......... Application of these Regulations....................................................... 43

12.......... Assessment of risk in relation to a class of hazards, tasks, circumstances or things 43

Part 1.3—Incorporated documents                                                                           44

13.......... Documents incorporated as in force when incorporated.................... 44

14.......... Inconsistencies between provisions.................................................. 44

15.......... References to standards..................................................................... 44

Chapter 2—Representation and participation                             45

Part 2.1—Representation                                                                                                45

Division 1—Work groups                                                                                         45

16.......... Negotiations for and determination of work groups.......................... 45

17.......... Matters to be taken into account in negotiations................................ 45

Division 2—Health and safety representatives                                             47

18.......... Procedures for election of health and safety representatives.............. 47

19.......... Person conducting business or undertaking must not delay election. 47

20.......... Removal of health and safety representatives.................................... 48

21.......... Training for health and safety representatives................................... 48

Part 2.2—Issue Resolution                                                                                              50

22.......... Agreed procedure—minimum requirements..................................... 50

23.......... Default procedure.............................................................................. 50

Part 2.3—Cessation of Unsafe Work                                                                       52

24.......... Continuity of engagement of worker................................................. 52

Part 2.4—Workplace Entry by WHS Entry Permit Holders                    53

25.......... Training requirements for WHS entry permits.................................. 53

26.......... Form of WHS entry permit............................................................... 54

27.......... Notice of entry—general................................................................... 54

28.......... Additional requirements—entry under section 117........................... 55

29.......... Additional requirements—entry under section 120........................... 55

30.......... Additional requirements—entry under section 121........................... 56

31.......... Register of WHS entry permit holders.............................................. 56

Chapter 3—General risk and workplace management       57

Part 3.1—Managing risks to health and safety                                                  57

32.......... Application of Part 3.1...................................................................... 57

33.......... Specific requirements must be complied with................................... 57

34.......... Duty to identify hazards.................................................................... 57

35.......... Managing risks to health and safety.................................................. 57

36.......... Hierarchy of control measures.......................................................... 58

37.......... Maintenance of control measures...................................................... 58

38.......... Review of control measures.............................................................. 59

Part 3.2—General Workplace Management                                                       61

Division 1—Information, training and instruction                                     61

39.......... Provision of information, training and instruction............................. 61

Division 2—General working environment                                                    62

40.......... Duty in relation to general workplace facilities.................................. 62

41.......... Duty to provide and maintain adequate and accessible facilities........ 63

Division 3—First aid                                                                                                   65

42.......... Duty to provide first aid.................................................................... 65

Division 4—Emergency plans                                                                                67

43.......... Duty to prepare, maintain and implement emergency plan................ 67

Division 5—Personal protective equipment                                                    69

44.......... Provision to workers and use of personal protective equipment....... 69

45.......... Personal protective equipment used by other persons....................... 70

46.......... Duties of worker............................................................................... 71

47.......... Duty of person other than worker..................................................... 72

Division 6—Remote or isolated work                                                                73

48.......... Remote or isolated work................................................................... 73

Division 7—Managing risks from airborne contaminants                     74

49.......... Ensuring exposure standards for substances and mixtures not exceeded 74

50.......... Monitoring airborne contaminant levels............................................ 74

Division 8—Hazardous atmospheres                                                                 76

51.......... Managing risks to health and safety.................................................. 76

52.......... Ignition sources................................................................................. 76

Division 9—Storage of flammable or combustible substances             77

53.......... Flammable and combustible material not to be accumulated.............. 77

Division 10—Falling objects                                                                                   78

54.......... Management of risk of falling objects............................................... 78

55.......... Minimising risk associated with falling objects................................. 78

Chapter 4—Hazardous work                                                                          80

Part 4.1—Noise                                                                                                                      80

56.......... Meaning of exposure standard for noise........................................... 80

57.......... Managing risk of hearing loss from noise......................................... 80

58.......... Audiometric testing........................................................................... 81

59.......... Duties of designers, manufacturers, importers and suppliers of plant 82

Part 4.2—Hazardous Manual Tasks                                                                        85

60.......... Managing risks to health and safety.................................................. 85

61.......... Duties of designers, manufacturers, importers and suppliers of plant or structures  85

Part 4.3—Confined Spaces                                                                                            89

Division 1—Preliminary                                                                                            89

62.......... Confined spaces to which this Part applies....................................... 89

63.......... Application to emergency service workers........................................ 89

Division 2—Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure                                                                                                  90

64.......... Duty to eliminate or minimise risk.................................................... 90

Division 3—Duties of person conducting business or undertaking    91

65.......... Entry into confined space must comply with this Division............... 91

66.......... Managing risks to health and safety.................................................. 91

67.......... Confined space entry permit.............................................................. 93

68.......... Signage............................................................................................. 94

69.......... Communication and safety monitoring.............................................. 95

70.......... Specific control—connected plant and services................................. 95

71.......... Specific control—atmosphere........................................................... 96

72.......... Specific control—flammable gases and vapours............................... 97

73.......... Specific control—fire and explosion................................................. 98

74.......... Emergency procedures...................................................................... 99

75.......... Personal protective equipment in emergencies................................ 100

76.......... Information, training and instruction for workers........................... 101

77.......... Confined space entry permit and risk assessment must be kept...... 102

Part 4.4—Falls                                                                                                                      105

78.......... Management of risk of fall.............................................................. 105

79.......... Specific requirements to minimise risk of fall................................. 106

80.......... Emergency and rescue procedures.................................................. 108

Part 4.5—High Risk Work                                                                                           110

Division 1—Licensing of high risk work                                                        110

Subdivision 1—Requirement to be licensed                                                     110

81.......... Licence required to carry out high risk work................................... 110

82.......... Exceptions....................................................................................... 110

83.......... Recognition of high risk work licences in other jurisdictions.......... 111

84.......... Duty of person conducting business or undertaking to ensure direct supervision    111

85.......... Evidence of licence—duty of person conducting business or undertaking               112

Subdivision 2—Licensing process                                                                      114

86.......... Who may apply for a licence........................................................... 114

87.......... Application for high risk work licence............................................ 114

88.......... Additional information.................................................................... 116

89.......... Decision on application................................................................... 116

90.......... Matters to be taken into account...................................................... 117

91.......... Refusal to grant high risk work licence—process........................... 118

92.......... Duration of licence.......................................................................... 119

93.......... Licence document............................................................................ 119

94.......... Licence document to be available.................................................... 120

95.......... Reassessment of competency of licence holder............................... 121

Subdivision 3—Amendment of licence document                                          121

96.......... Notice of change of address............................................................ 121

97.......... Licence holder to return licence....................................................... 121

98.......... Replacement licence document........................................................ 122

99.......... Voluntary surrender of licence........................................................ 123

Subdivision 4—Renewal of high risk work licence                                        123

100........ Regulator may renew licence........................................................... 123

101........ Application for renewal................................................................... 123

102........ Licence continues in force until application is decided.................... 124

103........ Renewal of expired licence.............................................................. 124

104........ Provisions relating to renewal of licence......................................... 124

105........ Status of licence during review....................................................... 125

Subdivision 5—Suspension and cancellation of high risk work licence   126

106........ Suspension or cancellation of licence.............................................. 126

107........ Matters taken into account............................................................... 127

108........ Notice to and submissions by licence holder................................... 128

109........ Notice of decision........................................................................... 128

110........ Immediate suspension..................................................................... 129

111........ Licence holder to return licence document....................................... 130

112........ Regulator to return licence document after suspension.................... 130

Part 4.6—Demolition work                                                                                          131

142........ Notice of demolition work.............................................................. 131

Part 4.7—General Electrical Safety in Workplaces and Energised Electrical Work       133

Division 1—Preliminary                                                                                          133

144........ Meaning of electrical equipment...................................................... 133

145........ Meaning of electrical installation.................................................... 133

146........ Meaning of electrical work............................................................. 134

Division 2—General risk management                                                           137

147........ Risk management............................................................................ 137

Division 3—Electrical equipment and electrical installations             138

148........ Electrical equipment and electrical installations to which this Division applies         138

149........ Unsafe electrical equipment............................................................. 138

150........ Inspection and testing of electrical equipment................................. 139

151........ Untested electrical equipment not to be used................................... 140

Division 4—Electrical work on energised electrical equipment        142

152........ Application of Division 4................................................................ 142

153........ Persons conducting a business or undertaking to which this Division applies         142

154........ Electrical work on energised electrical equipment—prohibited....... 142

155........ Duty to determine whether equipment is energised......................... 143

156........ De‑energised equipment must not be inadvertently re‑energised..... 143

157........ Electrical work on energised electrical equipment—when permitted 144

158........ Preliminary steps............................................................................. 145

159........ Unauthorised access to equipment being worked on....................... 146

160........ Contact with equipment being worked on....................................... 146

161........ How the work is to be carried out................................................... 147

162........ Record keeping............................................................................... 148

Division 5—Electrical equipment and installations and construction work—additional duties                151

163........ Duty of person conducting business or undertaking....................... 151

Division 6—Residual current devices                                                              152

164........ Use of socket outlets in hostile operating environment................... 152

165........ Testing of residual current devices.................................................. 153

Division 7—Overhead and underground electric lines                           155

166........ Duty of person conducting a business or undertaking.................... 155

Part 4.8—Diving Work                                                                                                   157

Division 1—Preliminary                                                                                          157

167........ Purpose of Part 4.8......................................................................... 157

Division 2—General diving work—Fitness and competence of worker                158

168........ Person conducting business or undertaking must ensure fitness of workers            158

169........ Certificate of medical fitness........................................................... 158

170........ Duty to keep certificate of medical fitness....................................... 159

171........ Competence of worker—general diving work................................ 159

172........ Competence of worker—incidental diving work............................. 160

173........ Competence of worker—limited scientific diving work.................. 161

174........ Competence of competent person supervising general diving work 161

175........ Evidence of competence—duty of person conducting business or undertaking       161

Division 3—Managing risks—general diving work                                 164

176........ Management of risks to health and safety....................................... 164

177........ Appointment of competent person to supervise diving work.......... 164

178........ Additional control—dive plan......................................................... 165

179........ Dive plan must be complied with.................................................... 166

180........ Additional control—dive safety log to be kept................................ 166

181........ Use of dive safety log..................................................................... 168

182........ Record keeping............................................................................... 169

Division 4—High risk diving work                                                                    172

183........ Duties of person conducting business or undertaking..................... 172

184........ Duty of worker—competence......................................................... 173

Chapter 5—Plant and structures                                                               174

Part 5.1—General duties for plant and structures                                        174

Division 1—Preliminary                                                                                          174

185........ Application of Part 5.1 to plant....................................................... 174

186........ Application of Part 5.1 to structures................................................ 174

Division 2—Duties of persons conducting businesses or undertakings that design plant             175

187........ Provision of information to manufacturer....................................... 175

188........ Hazard identified in design during manufacture.............................. 176

189........ Guarding......................................................................................... 176

190........ Operational controls........................................................................ 179

191........ Emergency stop controls................................................................. 180

192........ Warning devices.............................................................................. 181

Division 3—Duties of persons conducting businesses or undertakings that manufacture plant               182

193........ Control of risk................................................................................. 182

194........ Guarding......................................................................................... 183

195........ Information must be obtained and provided.................................... 184

Division 4—Duties of persons conducting businesses or undertakings that import plant            186

196........ Information to be obtained and provided by importer..................... 186

197........ Control of risk................................................................................. 186

Division 5—Duties of persons conducting businesses or undertakings that supply plant             188

198........ Information to be obtained and provided by supplier...................... 188

199........ Supply of second‑hand plant—duties of supplier........................... 188

200........ Second‑hand plant to be used for scrap or spare parts.................... 189

Division 6—Duties of persons conducting businesses or undertakings that install, construct or commission plant                                                                               190

201........ Duties of persons conducting businesses or undertakings that install, construct or commission plant     190

202........ Duties of persons conducting businesses or undertakings that install, construct or commission structures             190

Division 7—General duties of persons conducting a business or undertaking involving the management or control of plant                                                                            192

Subdivision 1—Management of risks                                                               192

203........ Management of risks to health and safety....................................... 192

Subdivision 2—Additional control measures for general plant                 192

204........ Control of risks arising from installation or commissioning........... 192

205........ Preventing unauthorised alterations to or interference with plant.... 194

206........ Proper use of plant and controls...................................................... 194

207........ Plant not in use................................................................................ 196

208........ Guarding......................................................................................... 196

209........ Guarding and insulation from heat and cold.................................... 198

210........ Operational controls........................................................................ 199

211........ Emergency stops............................................................................. 200

212........ Warning devices.............................................................................. 201

213........ Maintenance and inspection of plant............................................... 202

Subdivision 3—Additional control measures for certain plant                  202

214........ Powered mobile plant—general control of risk............................... 202

215........ Powered mobile plant—specific control measures.......................... 203

216........ Roll‑over protection on tractors....................................................... 204

217........ Protective structures on earthmoving machinery............................. 205

218........ Industrial lift trucks......................................................................... 206

219........ Plant that lifts or suspends loads..................................................... 207

220........ Exception—plant not specifically designed to lift or suspend a person 210

221........ Plant used in connection with tree lopping...................................... 210

222........ Industrial robots.............................................................................. 211

223........ Lasers.............................................................................................. 212

224........ Pressure equipment......................................................................... 214

225........ Scaffolds......................................................................................... 215

226........ Plant with presence‑sensing safeguarding system—records........... 217

Part 5.2—Additional duties relating to registered plant and plant designs            219

Division 1—Application of Part 5.2                                                                  219

227........ Application of Part 5.2.................................................................... 219

Division 2—Duty of persons conducting a business or undertaking who design plant to record plant design                                                                                                      220

228........ Records and information................................................................. 220

229........ Record of standards or engineering principles used........................ 220

230........ Records to be available for inspection............................................. 221

Division 3—Duties of persons conducting a business or undertaking 223

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               224

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                                                                                  225

Subdivision 1—Control measures for registered plant                                225

235........ Major inspection of registered mobile cranes and tower cranes...... 225

236........ Lifts................................................................................................. 226

237........ Records of plant.............................................................................. 227

Subdivision 2—Control measures for amusement devices                          229

238........ Operation of amusement devices..................................................... 229

239........ Storage of amusement devices........................................................ 230

240........ Maintenance, inspection and testing of amusement device.............. 230

241........ Annual inspection of amusement device......................................... 231

242........ Log book and manuals for amusement device................................. 232

Part 5.3—Registration of plant designs and items of plant                      234

Division 1—Plant designs to be registered                                                    234

243........ Plant design to be registered............................................................ 234

244........ Altered plant designs to be registered.............................................. 234

245........ Recognition of designs registered by corresponding regulator........ 234

Division 2—Items of plant to be registered                                                  236

246........ Items of plant to be registered......................................................... 236

247........ Recognition of plant registered by corresponding regulator............ 236

Division 3—Registration process for plant designs                                  237

248........ Application of Division 3................................................................ 237

249........ Who can apply to register a plant design......................................... 237

250........ Application for registration............................................................. 237

251........ Design verification statement.......................................................... 238

252........ Who can be the design verifier........................................................ 238

253........ Duty of design verifier.................................................................... 239

254........ Design verification statements not to be made in certain circumstances 239

255........ Additional information.................................................................... 240

256........ Decision on application................................................................... 240

257........ Refusal of registration—process..................................................... 241

258........ Conditions of registration................................................................ 242

259........ Duration of registration of plant design........................................... 242

260........ Plant design registration number..................................................... 242

261........ Registration document..................................................................... 244

262........ Registration document to be available............................................. 244

263........ Disclosure of design information.................................................... 245

Division 4—Registration process for an item of plant                            246

264........ Application of Division 4................................................................ 246

265........ Who can apply to register an item of plant...................................... 246

266........ Application for registration............................................................. 246

267........ When is a person competent to inspect plant................................... 247

268........ Additional information.................................................................... 247

269........ Decision on application................................................................... 248

270........ Refusal of registration—process..................................................... 249

271........ Conditions of registration................................................................ 249

272........ Duration of registration................................................................... 250

273........ Plant registration number................................................................ 250

274........ Registration document..................................................................... 251

275........ Registration document to be available............................................. 251

276........ Regulator may renew registration.................................................... 252

277........ Application for renewal................................................................... 252

278........ Registration continues in force until application is decided............. 252

279........ Decision on application................................................................... 253

280........ Status of registration during review................................................ 253

Division 5—Changes to registration and registration documents    255

281........ Application of Division................................................................... 255

282........ Changes to information................................................................... 255

283........ Amendment of registration imposed by regulator........................... 256

284........ Amendment on application by registration holder........................... 257

285........ Minor corrections to registration..................................................... 258

286........ Regulator to give amended registration document........................... 258

287........ Registration holder to return registration document......................... 259

288........ Replacement registration document................................................. 259

Chapter 6—Construction work                                                                  261

Part 6.1—Preliminary                                                                                                     261

289........ Meaning of construction work........................................................ 261

290........ Meaning of structure...................................................................... 262

291........ Meaning of high risk construction work......................................... 263

292........ Meaning of construction project...................................................... 264

293........ Meaning of principal contractor...................................................... 264

Part 6.2—Duties of designer of structure and person who commissions construction work      266

294........ Person who commissions work must consult with designer........... 266

295........ Designer must give safety report to person who commissions design 266

296........ Person who commissions project must give information to principal contractor      267

Part 6.3—Duties of person conducting business or undertaking         269

Division 1—General                                                                                                  269

297........ Management of risks to health and safety....................................... 269

298........ Security of workplace..................................................................... 269

Division 2—High risk construction work—safe work method statements           271

299........ Safe work method statement required for high risk construction work 271

300........ Compliance with safe work method statement................................ 272

301........ Safe work method statement—copy to be given to principal contractor 273

302........ Review of safe work method statement........................................... 273

303........ Safe work method statement must be kept...................................... 273

Division 3—Excavation work                                                                              276

304........ Excavation work—underground essential services information...... 276

305........ Management of risks to health and safety associated with excavation work             278

306........ Additional controls—trenches......................................................... 278

Part 6.4—Additional duties of principal contractor                                     281

307........ Application of Part 6.4.................................................................... 281

308........ Specific control measure—signage identifying principal contractor 281

309........ WHS management plan—preparation............................................. 282

310........ WHS management plan—duty to inform........................................ 283

311........ WHS management plan—review.................................................... 283

312........ High risk construction work—safe work method statements.......... 284

313........ Copy of WHS management plan must be kept................................ 284

314........ Further health and safety duties—specific regulations.................... 286

315........ Further health and safety duties—specific risks.............................. 287

Part 6.5—General construction induction training                                       288

Division 1—General construction induction training requirements 288

316........ Duty to provide general construction induction training.................. 288

317........ Duty to ensure worker has been trained.......................................... 288

318........ Recognition of general construction induction training cards issued in other jurisdictions       289

Division 2—General construction induction training cards                290

319........ Issue of card.................................................................................... 290

320........ Content of card................................................................................ 291

321........ Replacement card............................................................................ 291

322........ Refusal to issue or replace card....................................................... 292

323........ Cancellation of card—grounds........................................................ 292

324........ Cancellation of card—process......................................................... 293

325........ RTO may enter agreement to issue cards........................................ 293

Division 3—Duties of workers                                                                             295

326........ Duties of workers........................................................................... 295

327........ Alteration of general construction induction training card............... 296

Chapter 7—Hazardous chemicals                                                            297

Part 7.1—Hazardous chemicals                                                                                 297

Division 1—Application of Part 7.1                                                                  297

328........ Application of Part 7.1.................................................................... 297

Division 2—Obligations relating to safety data sheets and other matters           300

Subdivision 1—Obligations of manufacturers and importers                   300

329........ Classification of hazardous chemicals............................................. 300

330........ Manufacturer or importer to prepare and provide safety data sheets 300

331........ Safety data sheets—research chemical, waste product or sample for analysis          302

332........ Emergency disclosure of chemical identities to registered medical practitioner         302

333........ Emergency disclosure of chemical identities to emergency service worker              303

334........ Packing hazardous chemicals.......................................................... 304

335........ Labelling hazardous chemicals........................................................ 304

Subdivision 2—Obligations of suppliers                                                          305

336........ Restriction on age of person who can supply hazardous chemicals 306

337........ Retailer or supplier packing hazardous chemicals........................... 306

338........ Supplier labelling hazardous chemicals........................................... 307

339........ Supplier to provide safety data sheets............................................. 307

340........ Supply of prohibited and restricted carcinogens.............................. 308

Subdivision 3—Obligations of persons conducting businesses or undertakings            310

341........ Labelling hazardous chemicals—general requirement..................... 310

342........ Labelling hazardous chemicals—containers.................................... 311

343........ Labelling hazardous chemicals—pipe work.................................... 312

344........ Person conducting business or undertaking to obtain and give access to safety data sheets     312

345........ Changes to safety data sheets.......................................................... 315

Division 3—Register and manifest of hazardous chemicals                316

Subdivision 1—Hazardous chemicals register                                               316

346........ Hazardous chemicals register.......................................................... 316

Subdivision 2—Manifest of Schedule 11 hazardous chemicals                  317

347........ Manifest of hazardous chemicals.................................................... 317

348........ Regulator must be notified if manifest quantities to be exceeded..... 318

Division 4—Placards                                                                                                 321

349........ Outer warning placards—requirement to display............................ 321

350........ Placard—requirement to display..................................................... 321

Division 5—Control of risk—obligations of persons conducting businesses or undertakings   323

Subdivision 1—General obligations relating to management of risk      323

351........ Management of risks to health or safety.......................................... 323

352........ Review of control measures............................................................ 323

353........ Safety signs..................................................................................... 325

354........ Identification of risk of physical or chemical reaction..................... 325

355........ Specific control—fire and explosion............................................... 327

356........ Keeping hazardous chemicals stable................................................ 327

Subdivision 2—Spills and damage                                                                     328

357........ Containing and managing spills...................................................... 328

358........ Protecting hazardous chemicals from damage................................. 330

Subdivision 3—Emergency plans and safety equipment                             330

359........ Fire protection and firefighting equipment...................................... 330

360........ Emergency equipment..................................................................... 332

361........ Emergency plans............................................................................. 332

362........ Safety equipment............................................................................. 333

Subdivision 4—Storage and handling systems                                               334

363........ Control of risks from storage or handling systems......................... 334

364........ Containers for hazardous chemicals used, handled or stored in bulk 335

365........ Stopping use and disposing of handling systems............................ 335

366........ Stopping use of underground storage and handling systems.......... 336

367........ Notification of abandoned tank....................................................... 337

Division 6—Health monitoring                                                                            339

368........ Duty to provide health monitoring.................................................. 339

369........ Duty to inform of health monitoring............................................... 340

370........ Duty to ensure that appropriate health monitoring is provided........ 340

371........ Duty to ensure health monitoring is supervised by registered medical practitioner with experience.        341

372........ Duty to pay costs of health monitoring........................................... 341

373........ Information that must be provided to registered medical practitioner 342

374........ Duty to obtain health monitoring report.......................................... 343

375........ Duty to give health monitoring report to worker............................. 344

376........ Duty to give health monitoring report to regulator.......................... 344

377........ Duty to give health monitoring report to relevant persons conducting businesses or undertakings          345

378........ Health monitoring records............................................................... 345

Division 7—Induction, information, training and supervision           347

379........ Duty to provide supervision............................................................ 347

Division 8—Prohibition, authorisation and restricted use                    348

380........ Using, handling and storing prohibited carcinogens....................... 348

381........ Using, handling and storing restricted carcinogens......................... 348

382........ Using, handling and storing restricted hazardous chemicals........... 348

383........ Application for authorisation to use, handle or store prohibited and restricted carcinogens      349

384........ Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens          350

385........ Changes to information in application to be reported...................... 350

386........ Regulator may cancel authorisation................................................. 351

387........ Statement of exposure to be given to workers................................. 351

388........ Records to be kept........................................................................... 352

Division 9—Pipelines                                                                                                 354

389........ Management of risk by pipeline owner........................................... 354

390........ Pipeline builder’s duties.................................................................. 354

391........ Management of risks to health and safety by pipeline operator....... 356

Part 7.2—Lead                                                                                                                     358

Division 1—Lead process                                                                                       358

392........ Meaning of lead process................................................................. 358

393........ Regulator may decide lead process.................................................. 360

394........ Meaning of lead risk work.............................................................. 360

395........ Duty to give information about health risks of lead process............ 360

Division 2—Control of risk                                                                                   362

396........ Containment of lead contamination................................................. 362

397........ Cleaning methods............................................................................ 362

398........ Prohibition on eating, drinking and smoking.................................. 363

399........ Provision of changing and washing facilities.................................. 364

400........ Laundering, disposal and removal of personal protective equipment 364

401........ Review of control measures............................................................ 366

Division 3—Lead risk work                                                                                  369

402........ Identifying lead risk work............................................................... 369

403........ Notification of lead risk work......................................................... 370

404........ Changes to information in notification of lead risk work................ 371

Division 4—Health monitoring                                                                            373

405........ Duty to provide health monitoring before first commencing lead risk work             373

406........ Duty to ensure that appropriate health monitoring is provided........ 374

407........ Frequency of biological monitoring................................................ 374

408........ Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience            376

409........ Duty to pay costs of health monitoring........................................... 377

410........ Information that must be provided to registered medical practitioner 377

411........ Duty to obtain health monitoring report.......................................... 378

412........ Duty to give health monitoring report to worker............................. 379

413........ Duty to give health monitoring report to regulator.......................... 380

414........ Duty to give health monitoring report to relevant persons conducting businesses or undertakings          380

415........ Removal of worker from lead risk work......................................... 381

416........ Duty to ensure medical examination if worker removed from lead risk work          382

417........ Return to lead risk work after removal............................................ 383

418........ Health monitoring records............................................................... 384

Chapter 8—Asbestos                                                                                              385

Part 8.1—Prohibitions and authorised conduct                                              385

419........ Work involving asbestos or ACM—prohibitions and exceptions... 385

Part 8.2—General duty                                                                                                  387

420........ Exposure to airborne asbestos at workplace.................................... 387

Part 8.3—Management of asbestos and associated risks                           388

421........ Application of Part 8.3.................................................................... 388

422........ Asbestos to be identified or assumed at workplace......................... 388

423........ Analysis of sample.......................................................................... 389

424........ Presence and location of asbestos to be indicated............................ 389

425........ Asbestos register............................................................................. 390

426........ Review of asbestos register............................................................. 391

427........ Access to asbestos register.............................................................. 392

428........ Transfer of asbestos register by person relinquishing management or control         393

429........ Asbestos management plan............................................................. 393

430........ Review of asbestos management plan............................................. 395

Part 8.4—Management of naturally occurring asbestos                            397

431........ Naturally occurring asbestos........................................................... 397

432........ Asbestos management plan............................................................. 397

433........ Review of asbestos management plan............................................. 399

434........ Training in relation to naturally occurring asbestos......................... 399

Part 8.5—Asbestos at the workplace                                                                      400

Division 1—Health monitoring                                                                            400

435........ Duty to provide health monitoring.................................................. 400

436........ Duty to ensure that appropriate health monitoring is provided........ 401

437........ Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience            401

438........ Duty to pay costs of health monitoring........................................... 402

439........ Information that must be provided to registered medical practitioner 403

440........ Duty to obtain health monitoring report.......................................... 403

441........ Duty to provide give monitoring report to worker.......................... 404

442........ Duty to give health monitoring report to regulator.......................... 405

443........ Duty to give health monitoring report to relevant persons conducting businesses or undertakings          405

444........ Health monitoring records............................................................... 406

Division 2—Training                                                                                                 407

445........ Duty to train workers about asbestos.............................................. 407

Division 3—Control on use of certain equipment                                      409

446........ Duty to limit use of equipment........................................................ 409

Part 8.6—Demolition and refurbishment                                                            411

447........ Application of Part 8.6.................................................................... 411

448........ Review of asbestos register............................................................. 411

449........ Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment         411

450........ Duty to obtain asbestos register...................................................... 412

451........ Determining presence of asbestos or ACM.................................... 412

452........ Identification and removal of asbestos before demolition................ 414

453........ Identification and removal of asbestos before demolition of domestic premises       415

454........ Emergency procedure...................................................................... 415

455........ Emergency procedure—domestic premises..................................... 416

456........ Identification and removal of asbestos before refurbishment.......... 418

457........ Refurbishment of domestic premises.............................................. 418

Part 8.7—Asbestos removal work                                                                            419

458........ Duty to ensure asbestos removalist is licensed................................ 419

459........ Asbestos removal supervisor must be present or readily available.. 420

460........ Asbestos removal worker must be trained...................................... 420

461........ Licensed asbestos removalist must keep training records................ 421

462........ Duty to give information about health risks of licensed asbestos removal work      422

463........ Asbestos removalist must obtain register........................................ 423

464........ Asbestos removal control plan........................................................ 423

465........ Asbestos removal control plan to be kept and available.................. 424

466........ Regulator must be notified of asbestos removal.............................. 425

467........ Licensed asbestos removalist must tell certain persons about intended asbestos removal work               427

468........ Person with management or control of workplace must tell persons about asbestos removal work         428

469........ Signage and barricades for asbestos removal work......................... 429

470........ Limiting access to asbestos removal area........................................ 430

471........ Decontamination facilities............................................................... 431

472........ Disposing of asbestos waste and contaminated personal protective equipment        432

473........ Clearance inspection........................................................................ 434

474........ Clearance certificates....................................................................... 435

Part 8.8—Asbestos removal requiring Class A licence                               437

475........ Air monitoring—asbestos removal requiring Class A licence......... 437

476........ Action if respirable asbestos fibre level too high............................. 439

477........ Removing friable asbestos.............................................................. 440

Part 8.9—Asbestos‑related work                                                                              444

478........ Application of Part 8.9.................................................................... 444

479........ Uncertainty as to presence of asbestos............................................ 444

480........ Duty to give information about health risks of asbestos‑related work 445

481........ Asbestos‑related work to be in separate area................................... 445

482........ Air monitoring................................................................................ 446

483........ Decontamination facilities............................................................... 447

484........ Disposing of asbestos waste and contaminated personal protective equipment        448

Part 8.10—Licensing of asbestos removalists and asbestos assessors 451

Division 1—Asbestos removalists—requirement to be licensed        451

485........ Requirement to hold Class A asbestos removal licence................... 451

486........ Exception to requirement to hold Class A asbestos removal licence 451

487........ Requirement to hold Class B asbestos removal licence................... 452

488........ Recognition of asbestos removal licences in other jurisdictions...... 452

Division 2—Asbestos assessors—requirement to be licensed             453

489........ Requirement to hold asbestos assessor licence................................ 453

490........ Recognition of asbestos assessor licences in other jurisdictions..... 453

Division 7—General                                                                                                  454

529........ Work must be supervised by named supervisor.............................. 454

Chapter 9—Major hazard facilities                                                        455

Part 9.1—Preliminary                                                                                                     455

Division 1—Application and interpretation                                                  455

530........ This Chapter does not apply to certain facilities.............................. 455

531........ Meaning of major incident.............................................................. 455

532........ Meaning of hazardous chemicals that are present or likely to be present  455

533........ Meaning of operator of a facility or proposed facility.................... 456

534........ Meaning of modification of a facility.............................................. 457

Division 2—Requirement to be licensed                                                         459

535........ A major hazard facility must be licensed......................................... 459

Part 9.2—Determinations about Major Hazard Facilities                        461

536........ Operators of certain facilities must notify regulator......................... 461

537........ Notification—proposed facilities..................................................... 461

538........ Content of notification..................................................................... 462

539........ When regulator may conduct inquiry.............................................. 464

540........ Inquiry procedure............................................................................ 464

541........ Determination in relation to facility, on inquiry............................... 465

542........ Determination in relation to over‑threshold facility......................... 466

543........ Suitability of facility operator.......................................................... 466

544........ Conditions on determination of major hazard facility...................... 467

545........ Notice and effect of determinations................................................. 467

546........ When regulator may revoke a determination................................... 468

547........ Re‑notification if quantity of Schedule 15 chemicals increases....... 468

548........ Notification by new operator........................................................... 469

549........ Time in which major hazard facility licence must be applied for..... 470

Part 9.3—Duties of Operators of Determined Major Hazard Facilities 471

Division 1—Application of Part 9.3                                                                  471

550........ Application of Part 9.3.................................................................... 471

Division 2—Safety case outline                                                                           472

551........ Safety case outline must be provided.............................................. 472

552........ Content............................................................................................ 472

553........ Alteration........................................................................................ 473

Division 3—Management of risk                                                                        475

554........ Identification of major incidents and major incident hazards........... 475

555........ Safety assessment........................................................................... 476

556........ Control of risk................................................................................. 477

557........ Emergency plan............................................................................... 478

558........ Safety management system............................................................. 481

559........ Review of risk management............................................................ 482

Division 4—Safety case                                                                                           484

560........ Safety case must be provided.......................................................... 484

561........ Content............................................................................................ 484

562........ Co‑ordination for multiple facilities................................................. 486

563........ Review............................................................................................ 486

Part 9.4—Licensed major hazard facilities—risk management            488

564........ Identification of major incidents and major incident hazards........... 488

565........ Safety assessment........................................................................... 489

566........ Control of risk................................................................................. 489

567........ Emergency plan............................................................................... 490

568........ Safety management system............................................................. 491

569........ Review of risk management............................................................ 492

570........ Safety case—review........................................................................ 494

571........ Information for visitors................................................................... 494

572........ Information for local community and local authority—general....... 495

573........ Information for local community—major incident.......................... 496

Part 9.5—Consultation and Workers’ Safety role                                         498

574........ Safety role for workers................................................................... 498

575........ Operator of major hazard facility must consult with workers.......... 499

Part 9.6—Duties of Workers at Licensed Major Hazard Facilities     501

576........ Duties.............................................................................................. 501

Part 9.7—Licensing of major hazard facilities                                                 502

Division 1—Licensing process                                                                             502

577........ Who may apply for a licence........................................................... 502

578........ Application for major hazard facility licence................................... 502

579........ Additional information.................................................................... 504

580........ Decision on application................................................................... 504

581........ Matters to be taken into account...................................................... 506

582........ When decision is to be made........................................................... 507

583........ Refusal to grant major hazard facility licence—process.................. 507

584........ Conditions of licence....................................................................... 508

585........ Duration of licence.......................................................................... 508

586........ Licence document............................................................................ 509

587........ Licence document to be available.................................................... 509

Division 2—Amendment of licence and licence document                    510

588........ Changes to information................................................................... 510

589........ Amendment imposed by regulator.................................................. 510

590........ Amendment on application by operator........................................... 511

591........ Minor corrections to major hazard facility licence........................... 513

592........ Regulator to give amended licence document to operator................ 513

593........ Operator to return licence................................................................ 513

594........ Replacement licence document........................................................ 514

Division 3—Renewal of major hazard facility licence                            515

595........ Regulator may renew licence........................................................... 515

596........ Application for renewal................................................................... 515

597........ Licence continues in force until application is decided.................... 515

598........ Provisions relating to renewal of licence......................................... 515

599........ Status of major hazard facility licence during review...................... 516

Division 4—Transfer of major hazard facility licence                           517

600........ Transfer of major hazard facility licence.......................................... 517

Division 5—Suspension and cancellation of major hazard facility licence          518

601........ Cancellation of major hazard facility licence—on operator’s application  518

602........ Suspension or cancellation of licence—on regulator’s initiative...... 518

603........ Matters to be taken into account...................................................... 519

604........ Notice to and submissions by operator........................................... 521

605........ Notice of decision........................................................................... 521

606........ Immediate suspension..................................................................... 522

607........ Operator to return licence document................................................ 523

608........ Regulator to return licence document after suspension.................... 523

Chapter 10—Mines                                                                                                  524

Chapter 11—General                                                                                             525

Part 11.1—Review of Decisions under these Regulations                         525

Division 1—Reviewable decisions                                                                      525

676........ Which decisions under these Regulations are reviewable................ 525

Division 2—Internal review                                                                                  532

677........ Application...................................................................................... 532

678........ Application for internal review........................................................ 532

679........ Internal reviewer............................................................................. 532

680........ Decision of internal reviewer.......................................................... 533

681........ Decision on internal review............................................................. 533

682........ Internal review—reviewable decision continues............................. 533

Division 3—External review                                                                                 535

683........ Application for external review....................................................... 535

Part 11.2—Exemptions                                                                                                   536

Division 1—General                                                                                                  536

684........ General power to grant exemptions................................................. 536

685........ Matters to be considered in granting exemptions............................ 536

Division 2—High risk work licences                                                                 538

686........ High risk work licence—exemption................................................ 538

687........ High risk work licence—regulator to be satisfied about certain matters 538

Division 3—Major hazard facilities                                                                  539

688........ Major hazard facility—exemption................................................... 539

689........ Major hazard facility—regulator to be satisfied about certain matters 539

Division 4—Exemption process                                                                           541

690........ Application for exemption............................................................... 541

691........ Conditions of exemption................................................................. 541

692........ Form of exemption document......................................................... 541

693........ Compliance with conditions of exemption...................................... 542

694........ Notice of decision in relation to exemption..................................... 542

696........ Notice of refusal of exemption........................................................ 543

697........ Amendment or cancellation of exemption....................................... 543

698........ Notice of amendment or cancellation............................................... 543

Part 11.3—Miscellaneous                                                                                              544

699........ Incident notification—prescribed serious illnesses.......................... 544

700........ Inspectors’ identity cards................................................................ 544

702........ Confidentiality of information—exception relating to administration or enforcement of other laws         545

Chapter 12—Transitional and saving provisions                    546

Part 3—General risk and workplace management                                       546

Division 3.1—Managing risks to health and safety                                  546

716........ Lead in time for managing risks...................................................... 546

Division 3.2—General workplace management                                         547

Subdivision 4—Emergency plans                                                                      547

717........ Lead in time for emergency plan..................................................... 547

Part 4—Hazardous work                                                                                              548

Division 4.1—Noise                                                                                                    548

718........ Particular provision for audiometric testing..................................... 548

719........ Noise—duties of designers............................................................. 548

720........ Noise—duties of manufacturers...................................................... 549

721........ Noise—duties of importers............................................................. 550

722........ Noise—duties of suppliers.............................................................. 550

Division 4.2—Hazardous manual tasks                                                          552

723........ Hazardous manual tasks—duties of designers................................ 552

724........ Hazardous manual tasks—duties of manufacturers......................... 552

725........ Hazardous manual tasks—duties of importers................................ 552

726........ Hazardous manual tasks—duties of suppliers................................. 553

Division 4.5—High risk work                                                                               554

727........ Licence to carry out high risk work—reach stacker........................ 554

Division 4.6—Demolition work                                                                           555

728........ Notice of demolition work.............................................................. 555

Division 4.8—Diving work                                                                                     556

729........ Duties.............................................................................................. 556

Part 5—Plant and structures                                                                                      557

Division 5.1—General duties for plant and structures                           557

Subdivision 2—Duties of persons conducting businesses or undertakings that design plant       557

730........ Hazard identified in design during manufacture.............................. 557

731........ Other duties..................................................................................... 557

Subdivision 3—Duties of persons conducting businesses or undertakings that manufacture plant          558

732........ Control of risk................................................................................. 558

733........ Other duties..................................................................................... 558

Subdivision 4—Duties of persons conducting businesses or undertakings that import plant      558

734........ Duties.............................................................................................. 558

Subdivision 5—Duties of persons conducting businesses or undertakings that supply plant      559

735........ Duties.............................................................................................. 559

Subdivision 6—Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures                                                                               559

736........ Duties.............................................................................................. 559

737........ Plant used in connection with tree lopping—lead in time for application of regulation 221      560

Division 5.2—Additional duties relating to registered plant and plant designs 561

Subdivision 2—Duties of persons conducting businesses or undertakings who design plant      561

738........ Duties.............................................................................................. 561

Division 5.3—Registration of plant designs and items of plant          562

739........ Registration of design of concrete placement units and prefabricated formwork      562

740........ Registration of design of lifts.......................................................... 562

741........ Existing registrations of plant and plant designs............................. 562

742........ Pending applications for registration of plant and plant designs...... 564

743........ Registration of plant and plant design by Defence Force................ 564

Part 6—Construction work                                                                                         566

Division 6.2—Duties of designer of structure and person who commissions construction Work            566

744........ Duties.............................................................................................. 566

Division 6.3—Duties of person conducting business or undertaking 567

Subdivision 1—General                                                                                        567

745........ Security of workplace..................................................................... 567

Subdivision 3—Excavation work                                                                       567

746........ Additional controls—trenches......................................................... 567

Division 6.4—Additional duties of principal contractor                        568

747........ Specific control measure—signage identifying principal contractor 568

748........ Duties—WHS management plans................................................... 568

Division 6.5—General construction induction training                          569

749........ Duties.............................................................................................. 569

Part 7—Hazardous chemicals                                                                                     570

Division 7.1—Hazardous chemicals                                                                 570

Subdivision 2—Obligations relating to safety data sheets and other matters—            570

750........ Labelling hazardous chemicals—pipe work.................................... 570

Subdivision 8—Prohibition, authorisation and restricted use—                570

751........ Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens          570

Division 7.2—Lead                                                                                                     571

Subdivision 3—Lead risk work                                                                          571

752........ Notification of lead risk work......................................................... 571

Part 8—Asbestos                                                                                                                 572

Division 8.3—Management of asbestos and associated risks              572

753........ Duties.............................................................................................. 572

Division 8.4—Management of naturally occurring asbestos              573

754........ Duties.............................................................................................. 573

Division 8.5—Asbestos at the workplace                                                       574

Subdivision 2—Training                                                                                      574

755........ Duties.............................................................................................. 574

Part 9—Major hazard facilities                                                                                 575

Division 9.7—Licensing of major hazard facilities                                   575

756........ Existing major hazard facility.......................................................... 575

757........ Existing licensed major hazard facility............................................ 575

758........ Existing notification of facility awaiting decision............................ 576

Part 12—Other transitional matters                                                                       577

Division 1—Globally Harmonised System of Classification and Labelling of Chemicals            577

759........ Introductory period for GHS.......................................................... 577

Division 2—Obligation to train health and safety representatives—approved courses of training       578

760........ Courses accredited before 1 January 2012...................................... 578

Division 3—Codes of practice                                                                              579

761........ Preserved codes of practice............................................................. 579

Schedule 1—Revocation of regulations                                              580

Schedule 2—Fees                                                                                                         581

1............ Purpose of this Schedule................................................................. 581

Schedule 3—High risk work licences and classes of high risk work            583

1............ Boom‑type elevating work platform................................................ 587

Schedule 4—High risk work licences—competency requirements 588

1............ Purpose of this Schedule................................................................. 588

Schedule 5—Registration of plant and plant designs          591

Part 1—Plant requiring registration of design                                                 591

1............ Items of plant requiring registration of design................................. 591

2............ Exceptions....................................................................................... 592

Part 2—Items of plant requiring registration                                                   593

3............ Items of plant requiring registration................................................ 593

4............ Exceptions....................................................................................... 593

Schedule 6—Classification of mixtures                                               595

1............ Purpose of this Schedule................................................................. 595

Schedule 7—Safety data sheets                                                                   599

1............ Safety data sheets—content............................................................. 599

2............ Safety data sheets—research chemical, waste product or sample for analysis          600

Schedule 8—Disclosure of ingredients in safety data sheet 601

1............ Purpose of this Schedule................................................................. 601

2............ Identity of ingredients to be disclosed............................................. 601

3............ Generic names used to disclose identity of ingredients................... 602

4............ Disclosing proportions of ingredients............................................. 603

Schedule 9—Classification, packaging and labelling requirements             605

Part 1—Correct classification                                                                                     605

1............ Correct classification of a substance, mixture or article................... 605

Part 2—Correct packing                                                                                               606

2............ Correctly packing hazardous chemicals........................................... 606

Part 3—Correct labelling                                                                                              607

3............ Labelling hazardous chemicals—general......................................... 607

4............ Labelling hazardous chemicals—small container............................ 608

5............ Labelling hazardous chemicals—research chemicals or samples for analysis           608

6............ Labelling hazardous chemicals—decanted or transferred chemicals 608

7............ Labelling hazardous chemicals—known hazards............................ 609

8............ Labelling hazardous chemicals—waste products............................ 609

9............ Labelling hazardous chemicals—explosives................................... 610

10.......... Labelling hazardous chemicals—agricultural and veterinary chemicals 610

Schedule 10—Prohibited carcinogens, restricted carcinogens and restricted hazardous chemicals                                                                                             612

Schedule 11—Placard and manifest quantities                          616

1............ Determination of classification of flammable liquids....................... 619

Schedule 12—Manifest requirements                                                   621

1............ Manifest—general information....................................................... 621

2............ Manifest—bulk storage and containers........................................... 621

3............ Manifest—identification of hazardous chemical.............................. 621

4............ Manifest—storage area for packaged hazardous chemicals............. 622

5............ Manifest—hazardous chemicals being manufactured...................... 624

6............ Manifest—hazardous chemicals in transit....................................... 624

7............ Manifest—plan of workplace.......................................................... 624

Schedule 13—Placard requirements                                                      626

1............ Displaying placards......................................................................... 626

2............ Maintaining placards....................................................................... 626

3............ Outer warning placards—requirements........................................... 627

4............ Placards for particular hazardous chemicals stored in bulk............. 628

5............ Placards for unstable explosives, organic peroxides type A or self‑reactive substances type A stored in bulk        630

6............ Placards for packaged Schedule 11 hazardous chemicals (other than flammable liquids category 4) and IBCs       632

7............ Placards for flammable liquids category 4 packaged or in bulk....... 633

Schedule 14—Requirements for health monitoring              635

Schedule 15—Hazardous chemicals at major hazard facilities (and their threshold quantity)                                                                                              638

1............ Definitions...................................................................................... 638

2............ Relevant hazardous chemicals......................................................... 639

3............ Threshold quantity of one hazardous chemical................................ 639

4............ Threshold quantity of more than one hazardous chemical............... 640

5............ How table 15.1 must be used.......................................................... 640

6............ How table 15.2 must be used.......................................................... 641

Schedule 16—Matters to be included in emergency plan for major hazard facility   647

1............ Site and hazard detail....................................................................... 647

2............ Command structure and site personnel............................................ 648

3............ Notifications.................................................................................... 648

4............ Resources and equipment................................................................ 649

5............ Procedures...................................................................................... 649

Schedule 17—Additional matters to be included in safety management system of major hazard facility                                                             650

1............ Safety policy and safety objectives.................................................. 650

2............ Organisation and personnel............................................................. 650

3............ Operational controls........................................................................ 650

4............ Duties of operators.......................................................................... 651

5............ Management of change................................................................... 651

6............ Principles and standards.................................................................. 651

7............ Performance monitoring.................................................................. 652

8............ Audit............................................................................................... 652

Schedule 18—Additional matters to be included in safety case for a major hazard facility                                                                                                    653

Part 1—Facility description                                                                                         653

1............ The facility...................................................................................... 653

2............ The surrounding area...................................................................... 654

Part 2—Safety information                                                                                          655

3............ Control measures to limit the consequences of major incidents....... 655

4............ Performance monitoring.................................................................. 656

5............ Safety management system............................................................. 656

6............ Safety and reliability of facility structures and plant........................ 656

7............ Major incident history..................................................................... 656

Endnotes                                                                                                                                  657

Endnote 1—About the endnotes                                                                          657

Endnote 2—Abbreviation key                                                                              658

Endnote 3—Legislation history                                                                           659

Endnote 4—Amendment history                                                                         660

 


Chapter 1Preliminary

Part 1.1Introductory matters

  

1  Name of Regulations

                   These Regulations are the Work Health and Safety Regulations 2011.

2  Commencement

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

             (2)  Regulation 164 commences on 1 January 2013.

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

3  Authorising provisions

                   These Regulations are made under:

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

                     (b)  Schedule 3 to that Act; and

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

5  Definitions

             (1)  In these Regulations:

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

accredited assessor means:

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

                     (b)  the regulator.

Act means the Work Health and Safety Act 2011.

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

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

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

                     (a)  an engineering control; or

                     (b)  the use of personal protective equipment.

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

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

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

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

                     (c)  a boat or flotation device:

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

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

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

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

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

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

                            (iii)  does not necessarily have an operator.

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

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

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

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

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

                     (a)  actinolite asbestos;

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

                     (c)  anthophyllite asbestos;

                     (d)  chrysotile asbestos (white);

                     (e)  crocidolite asbestos (blue);

                      (f)  tremolite asbestos;

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

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

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

asbestos management plan—see regulation 429 or 432.

asbestos register—see regulation 425.

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

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

asbestos removal work means:

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

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

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

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

biological monitoring means:

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

                     (b)  blood lead level monitoring.

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

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

boiler means:

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

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

but does not include:

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

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

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

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

                     (e)  in Schedule 3:

                              (i)  a direct fired process heater; or

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

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

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

bridge crane means a crane that:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

class means:

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

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

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

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

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

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

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

clearance certificate—see regulation 474.

clearance inspectionsee regulation 473.

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

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

Examples:  Wood, paper, oil, iron filings.

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

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

                     (a)  the Commonwealth; or

                     (b)  a public authority; or

                     (c)  a non‑Commonwealth licensee.

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

competent person means:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

confined space means an enclosed or partially enclosed space that:

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

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

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

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

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

                            (iii)  harmful concentrations of any airborne contaminants; or

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

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

construction project—see regulation 292.

construction work—see regulation 289.

consumer product means a thing that:

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

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

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

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

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

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

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

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

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

                     (c)  a rotating screw; or

                     (d)  a vibration or walking beam; or

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

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

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

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

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

                     (a)  an industrial lift truck;

                     (b)  earthmoving machinery;

                     (c)  an amusement device;

                     (d)  a tractor;

                     (e)  an industrial robot;

                      (f)  a conveyor;

                     (g)  building maintenance equipment;

                     (h)  a suspended scaffold;

                      (i)  a lift.

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

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

                     (b)  has not expired or been revoked.

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

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

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

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

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

                     (b)  capable of luffing under load.

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

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

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

dogging work means:

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

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

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

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

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

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

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

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

electrical worksee 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 incidentsee 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

21

Medibank Private Ltd

22

Star Track Express Pty Ltd

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 1.2Application

  

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 1.3Incorporated 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 2Representation and participation

Part 2.1Representation

Division 1Work 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 2Health 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, the table sets out courses of training in work health and safety which a health and safety representative is entitled to attend.

Item

Representative

Courses

1

A representative who:

(a) is taken to hold the office of health and safety representative in accordance with item 9 of Schedule 2 to the Work Health and Safety (Transitional and Consequential Provisions) Act 2011; and

(b) before 1 January 2012, completed a course of training accredited by the Commission for section 27 of the OHS Act

(a) either:

(i) a bridging course; or

(ii) an initial course of training of 5 days; and

(b) one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the training mentioned in paragraph (a)

2

Any other representative

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

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

          (1A)  For subregulation (1), the regulator must approve a course of training in work health and safety as a bridging course.

Note:          A bridging course is intended to be an alternative to a full initial course of training in work health and safety, and is suitable for certain health and safety representatives who have previously received training in work health and safety under the OHS Act.

             (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 2.2Issue 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 2.3Cessation 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 2.4Workplace 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 3General risk and workplace management

Part 3.1Managing 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 3.2General Workplace Management

Division 1Information, 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 2General 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 3First 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 4Emergency 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 5Personal 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 6Remote 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 7Managing 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 8Hazardous 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 9Storage 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 10Falling 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 4Hazardous work

Part 4.1Noise

  

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 4.2Hazardous 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 4.3Confined Spaces

Division 1Preliminary

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 2Duties 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 3Duties 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 4.4Falls

  

78  Management of risk of fall

             (1)  A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or any other person.

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

             (2)  Subregulation (1) includes the risk of a fall:

                     (a)  in or on an elevated workplace from which a person could fall; or

                     (b)  in the vicinity of an opening through which a person could fall; or

                     (c)  in the vicinity of an edge over which a person could fall; or

                     (d)  on a surface through which a person could fall; or

                     (e)  in any other place from which a person could fall.

             (3)  A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subregulation (1) applies is carried out on the ground or on a solid construction.

Penalty:

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

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

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

             (4)  A person conducting a business or undertaking must provide safe means of access to and exit from:

                     (a)  the workplace; and

                     (b)  any area within the workplace referred to in subregulation (2).

Penalty:

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

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

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

             (5)  In this regulation, solid construction means an area that has:

                     (a)  a surface that is structurally capable of supporting all persons and things that may be located or placed on it; and

                     (b)  barriers around its perimeter and any openings to prevent a fall; and

                     (c)  an even and readily negotiable surface and gradient; and

                     (d)  a safe means of entry and exit.

79  Specific requirements to minimise risk of fall

             (1)  This regulation applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which regulation 78 applies.

             (2)  The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this regulation.

Penalty:

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

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

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

             (3)  The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by:

                     (a)  providing a fall prevention device if it is reasonably practicable to do so; or

                     (b)  if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system; or

                     (c)  if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.

Examples:  A safe system of work could include:

1   Providing temporary work platforms.

2   Providing training in relation to the risks involved in working at the workplace.

3   Providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs.

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

             (4)  This regulation does not apply in relation to the following work:

                     (a)  the performance of stunt work;

                     (b)  the performance of acrobatics;

                     (c)  a theatrical performance;

                     (d)  a sporting or athletic activity;

                     (e)  horse riding.

Note:          Regulation 36 applies to the management of risk in relation to this work.

             (5)  In this regulation, fall prevention device includes:

                     (a)  a secure fence; and

                     (b)  edge protection; and

                     (c)  working platforms; and

                     (d)  covers.

Note:          See subregulation 5(1) for definitions of fall arrest system and work positioning system.

80  Emergency and rescue procedures

             (1)  This regulation applies if a person conducting a business or undertaking provides a fall arrest system as a control measure.

             (2)  Without limiting regulation 79, the person must establish emergency procedures, including rescue procedures, in relation to the use of the fall arrest system.

Penalty:

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

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

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

             (3)  The person must ensure that the emergency procedures are tested so that they are effective.

Penalty:

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

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

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

             (4)  The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.

Penalty:

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

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

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

             (5)  In this regulation, relevant worker means:

                     (a)  a worker who, in carrying out work in the business or undertaking, uses or is to use a fall arrest system; and

                     (b)  a worker who may be involved in initiating or implementing the emergency procedures.

Part 4.5High Risk Work

Division 1Licensing of high risk work

Subdivision 1Requirement to be licensed

81  Licence required to carry out high risk work

                   A person must not carry out a class of high risk work unless the person holds a high risk work licence for that class of high risk work, except as provided in regulation 82.

Note 1:       See section 43 of the Act.

Note 2:       Schedule 3 sets out the high risk work licences and classes of high risk work that are within the scope of each licence. Schedule 4 sets out the qualifications required for a high risk work licence.

82  Exceptions

             (1)  A person who carries out high risk work in either of the following circumstances is not required to be licensed:

                     (a)  work carried out:

                              (i)  in the course of training towards a certification in order to be licensed to carry out the high risk work; and

                             (ii)  under the supervision of a person who is licensed to carry out the high risk work;

                     (b)  work carried out by a person who, having applied for a licence to carry out the high risk work on the basis of a certification, is awaiting a decision on that application.

             (2)  A person who carries out high risk work involving plant is not required to be licensed if:

                     (a)  the work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant within the workplace; and

                     (b)  the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant.

             (3)  For paragraph (2)(a), moving does not include loading plant onto, or unloading plant from, the vehicle or equipment used to move the plant.

             (4)  A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if:

                     (a)  the work is limited to setting up or dismantling the crane or hoist; and

                     (b)  the person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work.

Note:          See Schedule 3 for the classes of crane operator licence.

             (5)  A person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator.

83  Recognition of high risk work licences in other jurisdictions

             (1)  In this Subdivision, a reference to a high risk work licence includes a reference to an equivalent licence:

                     (a)  granted under a corresponding WHS law; and

                     (b)  that is being used in accordance with the terms and conditions under which it was granted.

             (2)  Subregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.

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

             (1)  A person conducting a business or undertaking must ensure that a person supervising the work of a person carrying out high risk work as required by regulation 82(1)(a) provides direct supervision of the person except in the circumstances set out in subregulation (2).

Penalty:

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

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

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

             (2)  Direct supervision of a person is not required if:

                     (a)  the nature or circumstances of a particular task make direct supervision impracticable or unnecessary; and

                     (b)  the reduced level of supervision will not place the health or safety of the supervised person or any other person at risk.

             (3)  In this regulation, direct supervision of a person means the oversight by the supervising person of the work of that person for the purposes of:

                     (a)  directing, demonstrating, monitoring and checking the person’s work in a way that is appropriate to the person’s level of competency; and

                     (b)  ensuring a capacity to respond in an emergency situation.

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

             (1)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a high risk work licence is required unless the person sees written evidence provided by the worker that the worker has the relevant high risk work licence for that work.

Penalty:

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

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

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

             (2)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work referred to in subregulation 82(1) unless the person sees written evidence provided by the worker that the worker:

                     (a)  is undertaking the course of training referred to in subparagraph 82(1)(a)(i); or

                     (b)  has applied for the relevant licence and holds the certification referred to in paragraph 82(1)(b).

Penalty:

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

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

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

             (3)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to supervise high risk work as referred to in paragraph 82(1)(a) and regulation 84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work.

Penalty:

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

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

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

             (4)  A person conducting a business or undertaking at a workplace must keep the written evidence given to the person:

                     (a)  under subregulation (1) or (2)—for at least 1 year after the high risk work is carried out;

                     (b)  under subregulation (3)—for at least 1 year after the last occasion on which the worker performs the supervision work.

Penalty:

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

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

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

Subdivision 2Licensing process

86  Who may apply for a licence

                   Only a person who holds a qualification set out in Schedule 4 may apply for a high risk work licence.

87  Application for high risk work licence

             (1)  An application for a high risk work licence must be made in the manner and form required by the regulator.

             (2)  The application must include the following information:

                     (a)  the applicant’s name and residential address;

                     (b)  a recent photograph of the applicant;

                     (c)  evidence of the applicant’s age;

                     (d)  other evidence of the applicant’s identity required by the regulator;

                     (e)  the class of high risk work licence to which the application relates;

                      (f)  a copy of a certification:

                              (i)  that is held by the applicant in relation to the VET course, or each of the VET courses, set out in Schedule 4 in relation to the high risk licence applied for; and

                             (ii)  that was issued not more than 60 days before the application is made;

                     (g)  a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law;

                     (h)  a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under:

                              (i)  the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                             (ii)  any corresponding WHS law;

Note:          Division 3 of Part VIIC of the Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.

                      (i)  details of any conviction or finding of guilt declared under paragraph (h);

                      (j)  a declaration as to whether or not the applicant has entered into an enforceable undertaking under:

                              (i)  the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                             (ii)  any corresponding WHS law;

                     (k)  details of any enforceable undertaking declared under paragraph (j);

                      (l)  if the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal;

                    (m)  if the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration:

                              (i)  describing any condition imposed on that licence; and

                             (ii)  stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence; and

                            (iii)  giving details of any suspension, cancellation or disqualification.

Note:          See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

             (3)  The application must be accompanied by the relevant fee.

88  Additional information

             (1)  If an application for a high risk work licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.

             (2)  A request for additional information must:

                     (a)  specify the date (not being less than 28 days after the request) by which the additional information is to be given; and

                     (b)  be confirmed in writing.

             (3)  If an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.

             (4)  The regulator may make more than one request for additional information under this regulation.

89  Decision on application

             (1)  Subject to subregulation (3), the regulator must grant a high risk work licence if satisfied about the matters referred to in subregulation (2).

             (2)  The regulator must be satisfied about the following:

                     (a)  the application has been made in accordance with these Regulations;

                     (b)  the applicant is a Commonwealth worker;

                     (c)  either:

                              (i)  the applicant resides in the Commonwealth; or

                             (ii)  circumstances exist that justify the grant of the licence;

                     (d)  the applicant is at least 18 years of age;

                     (e)  the applicant has provided the certification required under paragraph 87(2)(f);

                      (f)  the applicant is able to carry out the work to which the licence relates safely and competently.

             (3)  The regulator must refuse to grant a high risk work licence if satisfied that:

                     (a)  the applicant is disqualified under a corresponding WHS law from holding an equivalent licence; or

                     (b)  the applicant, in making the application, has:

                              (i)  given information that is false or misleading in a material particular; or

                             (ii)  failed to give any material information that should have been given.

             (4)  If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.

             (5)  If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 88, the regulator is taken to have refused to grant the licence applied for.

Note:          A refusal to grant a high risk work licence (including under subregulation (5)) is a reviewable decision (see regulation 676).

90  Matters to be taken into account

                   For paragraph 89(2)(f), the regulator must have regard to all relevant matters, including the following:

                     (a)  any offence under:

                              (i)  the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                             (ii)  any corresponding WHS law;

                            of which the applicant has been convicted or found guilty;

Note:          Division 3 of Part VIIC of the Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.

                     (b)  in relation to any equivalent licence applied for or held by the applicant:

                              (i)  any refusal to grant the licence; and

                             (ii)  any condition imposed in the licence, if granted; and

                            (iii)  any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;

                     (c)  any enforceable undertaking the applicant has entered into under:

                              (i)  the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                             (ii)  any corresponding WHS law;

                     (d)  the applicant’s record in relation to any matters arising under:

                              (i)  the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                             (ii)  any corresponding WHS law;

91  Refusal to grant high risk work licence—process

             (1)  If the regulator proposes to refuse to grant a licence, the regulator must give a written notice to the applicant:

                     (a)  informing the applicant of the reasons for the proposed refusal; and

                     (b)  advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

             (2)  After the date specified in a notice under subregulation (1), the regulator must:

                     (a)  if the applicant has made a submission in relation to the proposed refusal to grant the licence—consider that submission; and

                     (b)  whether or not the applicant has made a submission—decide whether to grant or refuse to grant the licence; and

                     (c)  within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.

Note:          A decision to refuse to grant a licence is a reviewable decision (see regulation 676).

92  Duration of licence

                   Subject to this Division, a high risk work licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.

93  Licence document

             (1)  If the regulator grants a high risk work licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.

             (2)  The licence document must include the following:

                     (a)  the name of the licence holder;

                     (b)  a recent photograph of the licence holder;

                     (c)  the date of birth of the licence holder;

                     (d)  a copy of the signature of the licence holder or provision for the inclusion of a copy signature;

                     (e)  the class of high risk work licence and a description of the work within the scope of the licence;

                      (f)  the date on which the licence was granted;

                     (g)  the expiry date of the licence.

             (3)  For paragraph (2)(e), if the regulator grants more than one class of high risk work licence to a person, the licence document must contain a description of each class of licence and the work that is within the scope of each licence.

             (4)  If a licence holder holds more than one high risk work licence, the regulator may issue to the licence holder one licence document in relation to some or all those licences.

             (5)  Despite regulation 92, if a licence document is issued under subregulation (4), the licences to which that licence document related expire on the date that the first of those licences expires.

94  Licence document to be available

             (1)  A licence holder must keep the licence document available for inspection under the Act.

Penalty:

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

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

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

             (2)  Subregulation (1) does not apply if the licence document is not in the licence holder’s possession because:

                     (a)  it has been returned to the regulator under regulation 97; or

                     (b)  the licence holder has applied for, but has not received, a replacement licence document under regulation 98.

95  Reassessment of competency of licence holder

                   The regulator may direct a licence holder to obtain a reassessment of the competency of the licence holder to carry out the high risk work covered by the licence if the regulator reasonably believes that the licence holder may not be competent to carry out that work.

Examples:

1   The training or competency assessment of the licence holder did not meet the standard required to hold the licence.

2   The regulator receives information that the licence holder has carried out high risk work incompetently.

Subdivision 3Amendment of licence document

96  Notice of change of address

                   The licence holder of a high risk work licence must give written notice to the regulator of a change of residential address, within 14 days of the change occurring.

Penalty:

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

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

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

97  Licence holder to return licence

                   If a high risk work licence is amended, the licence holder must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.

Penalty:

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

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

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

98  Replacement licence document

             (1)  A licence holder must give written notice to the regulator as soon as practicable if the licence document is lost, stolen or destroyed.

Penalty:

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

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

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

             (2)  If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.

Note:          A licence holder is required to keep the licence document available for inspection (see regulation 94).

             (3)  An application for a replacement licence document must be made in the manner and form required by the regulator.

             (4)  The application must:

                     (a)  include a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and

                     (b)  be accompanied by the relevant fee.

Note:          See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

             (5)  The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.

             (6)  If the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note:          A decision to refuse to replace a licence is a reviewable decision (see regulation 676).

99  Voluntary surrender of licence

             (1)  A licence holder may voluntarily surrender the licence document to the regulator.

             (2)  The licence expires on the surrender of the licence document.

Subdivision 4Renewal of high risk work licence

100  Regulator may renew licence

                   The regulator may renew a high risk work licence on application by the licence holder.

101  Application for renewal

             (1)  An application for renewal of a high risk work licence must be made in the manner and form required by the regulator.

             (2)  The application must include the following information:

                     (a)  the name and residential address of the applicant;

                     (b)  evidence of the applicant’s identity;

                     (c)  a recent photograph of the applicant;

                     (d)  a declaration by the applicant that he or she has maintained his or her competency to carry out the high risk work, including by obtaining any reassessment directed under regulation 95.

Note:          See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

             (3)  The application must be accompanied by the relevant fee.

             (4)  The application must be made before the expiry of the licence.

102  Licence continues in force until application is decided

                   If a licence holder applies under regulation 101 for the renewal of a high risk work licence, the licence is taken to continue in force from the day it would, apart from this regulation, have expired until the licence holder is given notice of the decision on the application.

103  Renewal of expired licence

                   A person whose high risk work licence has expired may apply for a renewal of that licence:

                     (a)  within 12 months after the expiry of the licence; or

                     (b)  if the person satisfies the regulator that exceptional circumstances exist—within any longer period that the regulator allows.

Note 1:       As the licence has expired, the applicant cannot carry out the work covered by the licence until the licence is renewed. An application made after a period referred to in paragraph (a) or (b) would be an application for a new licence under regulation 87.

Note 2:       See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

104  Provisions relating to renewal of licence

             (1)  For this Subdivision:

                     (a)  regulation 88 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and

                     (b)  regulations 89 (except subregulation (5)), 90 and 92 apply as if a reference in regulation 89 to the grant of a licence were a reference to the renewal of a licence; and

                     (c)  regulation 91 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence.

             (2)  The regulator may renew a high risk work licence granted to a person under a corresponding WHS law unless that licence is renewed under that law.

Note:          A refusal to renew a licence is a reviewable decision (see regulation 676).

105  Status of licence during review

             (1)  This regulation applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.

             (2)  If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events:

                     (a)  the expiry of the licence;

                     (b)  the end of the period for applying for an internal review.

             (3)  If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events:

                     (a)  the licence holder withdraws the application for review;

                     (b)  the regulator makes a decision on the review.

             (4)  If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.

             (5)  If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events:

                     (a)  the licence holder withdraws the application for review;

                     (b)  the Administrative Appeals Tribunal makes a decision on the review.

             (6)  The licence continues to have effect under this regulation even if its expiry date passes.

Subdivision 5Suspension and cancellation of high risk work licence

106  Suspension or cancellation of licence

             (1)  The regulator may suspend or cancel a high risk work licence if satisfied about one or more of the following:

                     (a)  the licence holder has failed to take reasonable care to carry out the high risk work safely and competently;

                     (b)  the licence holder has failed to obtain a reassessment of competency directed under regulation 95;

                     (c)  the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information:

                              (i)  gave information that was false or misleading in a material particular; or

                             (ii)  failed to give any material information that should have been given in that application or on that request;

                     (d)  the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body or that was obtained improperly through a breach of a condition of accreditation by the accredited assessor who conducted the competency assessment.

             (2)  If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for:

                     (a)  a further high risk work licence of the same class; or

                     (b)  another licence under these Regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.

Note:          A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see regulation 676).

107  Matters taken into account

             (1)  In making a decision under regulation 106, the regulator must have regard to:

                     (a)  any submissions made by the licence holder under regulation 108; and

                     (b)  any advice received from a corresponding regulator.

             (2)  For paragraph 106(1)(a), the regulator must have regard to all relevant matters, including the following:

                     (a)  any offence under:

                              (i)  the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                             (ii)  any corresponding WHS law;

                            of which the licence holder has been convicted or found guilty

Note:          Division 3 of Part VIIC of the Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.

                     (b)  in relation to any equivalent licence applied for or held by the licence holder under a corresponding WHS law:

                              (i)  any refusal to grant the licence; and

                             (ii)  any conditions imposed on the licence, if granted; and

                            (iii)  any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;

                     (c)  any enforceable undertaking the licence holder has entered into under:

                              (i)  the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                             (ii)  any corresponding WHS law;

                     (d)  the licence holder’s record in relation to any matters arising under:

                              (i)  the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

                             (ii)  any corresponding WHS law;

108  Notice to and submissions by licence holder

                   Before suspending or cancelling a high risk work licence, the regulator must give the licence holder a written notice of the proposed suspension or cancellation and any proposed disqualification:

                     (a)  outlining all relevant allegations, facts and circumstances known to the regulator; and

                     (b)  advising the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation and any proposed disqualification.

109  Notice of decision

             (1)  The regulator must give the licence holder written notice of a decision under regulation 106 to suspend or cancel a high risk work licence within 14 days after making the decision.

             (2)  The notice must:

                     (a)  state that the licence is to be suspended or cancelled; and

                     (b)  if the licence is to be suspended, state:

                              (i)  when the suspension begins and ends; and

                             (ii)  the reasons for the suspension; and

                            (iii)  whether the licence holder is required to undergo retraining or reassessment, or take any other action, before the suspension ends; and

                            (iv)  whether or not the licence holder is disqualified from applying for a further licence during the suspension; and

                     (c)  if the licence is to be cancelled, state:

                              (i)  when the cancellation takes effect; and

                             (ii)  the reasons for the cancellation; and

                            (iii)  whether or not the licence holder is disqualified from applying for a further licence; and

                     (d)  if the licence holder is to be disqualified from applying for a further licence, state:

                              (i)  when the disqualification begins and ends; and

                             (ii)  the reasons for the disqualification; and

                            (iii)  whether or not the licence holder is required to undergo retraining or reassessment, or take any other action, before the disqualification ends; and

                            (iv)  any other class of high risk work licence or other licence under these Regulations the licence holder is disqualified from applying for during the period of suspension or disqualification; and

                     (e)  state when the licence document must be returned to the regulator.

110  Immediate suspension

             (1)  The regulator may suspend a high risk work licence on a ground referred to in regulation 106 without giving notice under regulation 108 if satisfied that:

                     (a)  work carried out under the high risk work licence should cease because the work may involve an imminent serious risk to the health or safety of any person; or

                     (b)  a corresponding regulator has suspended an equivalent licence held by the licence holder under this regulation as applying in the corresponding jurisdiction.

             (2)  If the regulator decides to suspend a licence under this regulation:

                     (a)  the regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and

                     (b)  the suspension of the licence takes effect on the giving of the notice.

             (3)  The regulator must then:

                     (a)  give notice under regulation 108 within 14 days after giving the notice under subregulation (2); and

                     (b)  make its decision under regulation 106.

             (4)  If the regulator does not give notice under subregulation (3), the suspension ends at the end of the 14 day period.

             (5)  If the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 106.

111  Licence holder to return licence document

                   A licence holder, on receiving a notice under regulation 109, must return the licence document to the regulator in accordance with the notice.

Penalty:

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

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

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

112  Regulator to return licence document after suspension

                   When the period of suspension of a licence ends, the regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.

Part 4.6Demolition work

  

142  Notice of demolition work

             (1)  Subject to subregulation (4), a person conducting a business or undertaking who proposes to carry out any of the following demolition work must ensure that written notice is given to the regulator in accordance with this regulation at least 5 days before the work commences:

                     (a)  demolition of a structure, or a part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, that is at least 6 metres in height;

                     (b)  demolition work involving load shifting machinery on a suspended floor;

                     (c)  demolition work involving explosives.

Penalty:

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

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

Note 1:       See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.

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

             (2)  The notice must be given in the manner and form required by the regulator.

             (3)  Subregulation (4) applies to an emergency service organisation in relation to demolition work carried out or proposed to be carried out by an emergency service worker at the direction of the emergency service organisation responding to an emergency.

             (4)  An emergency service organisation must give notice under subregulation (1) as soon as practicable (whether before or after the work is carried out).

             (5)  In this regulation a reference to the height of a structure is a reference to the height of the structure measured from the lowest level of the ground immediately adjacent to the base of the structure at the point at which the height is to be measured to its highest point.

Part 4.7General Electrical Safety in Workplaces and Energised Electrical Work

Division 1Preliminary

144  Meaning of electrical equipment

             (1)  In this Part, electrical equipment means any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that:

                     (a)  is used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra‑low voltage; or

                     (b)  is operated by electricity at a voltage greater than extra‑low voltage; or

                     (c)  is part of an electrical installation located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; or

                     (d)  is, or is part of, an active impressed current cathodic protection system within the meaning of AS 2832.1:2004 (Cathodic protection of metals—Pipes and cables).

             (2)  In this Part, electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that is part of a vehicle that is a motor car or motorcycle if:

                     (a)  the equipment is part of a unit of the vehicle that provides propulsion for the vehicle; or

                     (b)  the electricity source for the equipment is a unit of the vehicle that provides propulsion for the vehicle.

145  Meaning of electrical installation

             (1)  In this Part, electrical installation means a group of items of electrical equipment that:

                     (a)  are permanently electrically connected together; and

                     (b)  can be supplied with electricity from the works of an electricity supply authority or from a generating source.

             (2)  An item of electrical equipment may be part of more than one electrical installation.

             (3)  In paragraph (1)(a):

                     (a)  an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and

                     (b)  connection achieved through using works of an electricity supply authority is not a consideration in determining whether or not electrical equipment is electrically connected.

146  Meaning of electrical work

             (1)  In this Part, electrical work means:

                     (a)  connecting electricity supply wiring to electrical equipment or disconnecting electricity supply wiring from electrical equipment; or

                     (b)  installing, removing, adding, testing, replacing, repairing, altering or maintaining electrical equipment or an electrical installation.

             (2)  In this Part, electrical work does not include the following:

                     (a)  work that involves connecting electrical equipment to an electricity supply by means of a flexible cord plug and socket outlet;

                     (b)  work on a non‑electrical component of electrical equipment, if the person carrying out the work is not exposed to an electrical risk;

Example:    Painting electrical equipment covers and repairing hydraulic components of an electrical motor.

                     (c)  replacing electrical equipment or a component of electrical equipment if that task can be safely performed by a person who does not have expertise in carrying out electrical work;

Example:    Replacing a fuse or a light bulb.

                     (d)  assembling, making, modifying or repairing electrical equipment as part of a manufacturing process;

                     (e)  building or repairing ducts, conduits or troughs, where electrical wiring is or will be installed if:

                              (i)  the ducts, conduits or troughs are not intended to be earthed; and

                             (ii)  the wiring is not energised; and

                            (iii)  the work is supervised by:

                                        (A)  a person who is licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; or

                                        (B)  a person who:

                                                     (I)   is exempted from a requirement to be licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; and

                                                    (II)   has acquired through training, qualification or experience the knowledge and skills to carry out the work;

                      (f)  locating or mounting electrical equipment, or fixing electrical equipment in place, if this task is not performed in relation to the connection of electrical equipment to an electricity supply;

                     (g)  assisting an electrical worker who is licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing if:

                              (i)  the assistant is directly supervised by the electrical worker; and

                             (ii)  the assistance does not involve physical contact with any energised electrical equipment;

                     (h)  assisting a person to acquire through training, qualification or experience the knowledge and skills to carry out the work, whether or not the person is exempted from the requirement to be licensed or permitted to perform electrical work;

                      (i)  carrying out electrical work, other than work on energised electrical equipment, in order to meet eligibility requirements in relation to becoming:

                              (i)  an electrical worker who is licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; or

                             (ii)  an electrical worker who:

                                        (A)  is exempted from a requirement to be licensed or permitted to perform electrical work under a law of a State relating to electrical safety or occupational licensing; and

                                        (B)  has acquired through training, qualification or experience the knowledge and skills to carry out the work.

Division 2General risk management

147  Risk management

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

Example:    Electrical risks associated with the design, construction, installation, protection, maintenance and testing of electrical equipment and electrical installations at a workplace.

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

Division 3Electrical equipment and electrical installations

148  Electrical equipment and electrical installations to which this Division applies

                   In this Division, a reference to electrical equipment or an electrical installation in relation to a person conducting a business or undertaking is a reference to electrical equipment or an electrical installation that is under the person’s management or control.

149  Unsafe electrical equipment

             (1)  A person conducting a business or undertaking at a workplace must ensure that any unsafe electrical equipment at the workplace:

                     (a)  is disconnected (or isolated) from its electricity supply; and

                     (b)  once disconnected (or isolated):

                              (i)  is not reconnected until it is repaired or tested and found to be safe; or

                             (ii)  is replaced or permanently removed from use.

Penalty:

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

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

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

             (2)  For this regulation, electrical equipment or a component of electrical equipment is unsafe if there are reasonable grounds for believing it to be unsafe.

150  Inspection and testing of electrical equipment

             (1)  A person conducting a business or undertaking at a workplace must ensure that electrical equipment is regularly inspected and tested by a competent person if the electrical equipment is:

                     (a)  supplied with electricity through an electrical socket outlet; and

                     (b)  used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.

Penalty:

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

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

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

             (2)  In the case of electrical equipment that is new and unused at the workplace, the person conducting the business or undertaking:

                     (a)  is not required to comply with subregulation (1); and

                     (b)  must ensure that the equipment is inspected for obvious damage before being used.

Penalty:

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

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

Note 1:       However, electrical equipment that is unsafe must not be used (see regulation 149).

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

             (3)  The person must ensure that a record of any testing carried out under subregulation (1) is kept until the electrical equipment is:

                     (a)  next tested; or

                     (b)  permanently removed from the workplace or disposed of.

Penalty:

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

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

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

             (4)  The record of testing:

                     (a)  must specify the following:

                              (i)  the name of the person who carried out the testing;

                             (ii)  the date of the testing;

                            (iii)  the outcome of the testing;

                            (iv)  the date on which the next testing must be carried out; and

                     (b)  may be in the form of a tag attached to the electrical equipment tested.

151  Untested electrical equipment not to be used

                   A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that electrical equipment is not used if the equipment:

                     (a)  is required to be tested under regulation 150; and

                     (b)  has not been tested.

Penalty:

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

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

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

Division 4Electrical work on energised electrical equipment

152  Application of Division 4

                   This Division does not apply to work carried out by or on behalf of an electricity supply authority on the electrical equipment, including electric line‑associated equipment, controlled or operated by the authority to generate, transform, transmit or supply electricity.

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

                   In this Division (except regulations 156, 159 and 160), a reference to a person conducting a business or undertaking in relation to electrical work is a reference to the person conducting the business or undertaking who is carrying out the electrical work.

154  Electrical work on energised electrical equipment—prohibited

                   Subject to this Division, a person conducting a business or undertaking must ensure that electrical work is not carried out on electrical equipment while the equipment is energised.

Penalty:

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

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

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

155  Duty to determine whether equipment is energised

             (1)  A person conducting a business or undertaking must ensure that, before electrical work is carried out on electrical equipment, the equipment is tested by a competent person to determine whether or not it is energised.

Penalty:

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

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

Note 1:       Regulation 157 allows electrical testing to be carried out on electrical equipment for the purposes of this regulation. Regulation 161 sets out how the testing is to be carried out.

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

             (2)  The person conducting a business or undertaking must ensure that:

                     (a)  each exposed part is treated as energised until it is isolated and determined not to be energised; and

                     (b)  each high‑voltage exposed part is earthed after being de‑energised.

Penalty:

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

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

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

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

                   A person conducting a business or undertaking must ensure that electrical equipment that has been de‑energised to allow electrical work to be carried out on it is not inadvertently re‑energised while the work is being carried out.

Penalty:

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

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

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

157  Electrical work on energised electrical equipment—when permitted

             (1)  A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is not carried out unless:

                     (a)  it is necessary in the interests of health and safety that the electrical work is carried out on the equipment while the equipment is energised; or

Example:    It may be necessary that life‑saving equipment remain energised and operating while electrical work is carried out on the equipment.

                     (b)  it is necessary that the electrical equipment to be worked on is energised in order for the work to be carried out properly; or

                     (c)  it is necessary for the purposes of testing required under regulation 155; or

                     (d)  there is no reasonable alternative means of carrying out the work.

Penalty:

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

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

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

             (2)  The electrical work that may be carried out under paragraph (1)(a), (b) or (d) may include testing of the energised electrical equipment.

158  Preliminary steps

             (1)  A person conducting a business or undertaking must ensure the following before electrical work on energised electrical equipment commences:

                     (a)  a risk assessment is conducted in relation to the proposed electrical work;

                     (b)  the area where the electrical work is to be carried out is clear of obstructions so as to allow for easy access and exit;

                     (c)  the point at which the electrical equipment can be disconnected or isolated from its electricity supply is:

                              (i)  clearly marked or labelled; and

                             (ii)  clear of obstructions so as to allow for easy access and exit by the worker who is to carry out the electrical work or any other competent person; and

                            (iii)  capable of being operated quickly;

                     (d)  the person authorises the electrical work after consulting with the person with management or control of the workplace.

Penalty:

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

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

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

             (2)  For paragraph (1)(a), the risk assessment must be:

                     (a)  conducted by a competent person; and

                     (b)  recorded.

Note:          Regulation 12 permits risk assessments to be conducted, in certain circumstances, to a class of hazards, tasks, things or circumstances.

             (3)  Paragraph (1)(c) does not apply to electrical work on electrical equipment if:

                     (a)  the work is to be carried out on the supply side of the main switch on the main switchboard for the equipment; and

                     (b)  the point at which the equipment can be disconnected from its electricity supply is not reasonably accessible from the work location.

159  Unauthorised access to equipment being worked on

                   A person conducting a business or undertaking must ensure that only persons authorised by the person conducting the business or undertaking enter the immediate area in which electrical work on energised electrical equipment is being carried out.

Penalty:

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

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

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

160  Contact with equipment being worked on

                   A person conducting a business or undertaking must ensure that, while electrical work is being carried out on energised electrical equipment, all persons are prevented from creating an electrical risk by inadvertently making contact with an exposed energised component of the equipment.

Penalty:

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

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

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

161  How the work is to be carried out

             (1)  A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is carried out:

                     (a)  by a competent person who has tools, testing equipment and personal protective equipment that:

                              (i)  are suitable for the work; and

                             (ii)  have been properly tested; and

                            (iii)  are maintained in good working order; and

                     (b)  in accordance with a safe work method statement prepared for the work; and

                     (c)  subject to subregulation (5), with a safety observer present who has the competence and qualifications specified in subregulation (4).

Penalty:

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

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

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

             (2)  The person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the person who carries out the electrical work uses the tools, testing equipment and personal protective equipment properly.

Penalty:

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

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

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

             (3)  For paragraph (1)(b), the safe work method statement must:

                     (a)  identify the electrical work; and

                     (b)  specify hazards associated with that electrical work and risks associated with those hazards; and

                     (c)  describe the measures to be implemented to control the risks; and

                     (d)  describe how the risk control measures are to be implemented, monitored and reviewed.

             (4)  For paragraph (1)(c):

                     (a)  the safety observer must be competent:

                              (i)  to implement control measures in an emergency; and

                             (ii)  to rescue the worker who is carrying out the work, if necessary; and

                     (b)  the safety observer must have been assessed in the previous 12 months as competent to rescue and resuscitate a person.

             (5)  A safety observer is not required if:

                     (a)  the work consists only of testing; and

                     (b)  the person conducting the business or undertaking has conducted a risk assessment under regulation 158(1)(a) that shows that there is no serious risk associated with the proposed work.

162  Record keeping

             (1)  This regulation applies if a person conducting a business or undertaking prepares:

                     (a)  a risk assessment under regulation 158; or

                     (b)  a safe work method statement under regulation 161.

             (2)  Subject to subregulation (3), the person must keep:

                     (a)  a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

                     (b)  a copy of the safe work method statement until the work to which it relates is completed.

Penalty:

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

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

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

             (3)  If a notifiable incident occurs in connection with the work to which the assessment or statement relates, the person must keep the assessment or statement (as applicable) for at least 2 years after the incident occurs.

Penalty:

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

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

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

             (4)  The person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out electrical work to which the assessment or statement relates.

Penalty:

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

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

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

             (5)  The person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is available for inspection under the Act.

Penalty:

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

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

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

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

163  Duty of person conducting business or undertaking

             (1)  A person conducting a business or undertaking that includes the carrying out of construction work must comply with AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites).

Penalty:

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

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

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

             (2)  For subregulation (1), AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites) applies as if any term that is defined in that Standard and that is also defined in the Act or these Regulations has the same meaning as it has in the Act or these Regulations.

             (3)  If any requirement in AS/NZS 3012:2010 (Electrical installations—Construction and demolition sites) deals with the same matter as a requirement under this Part, it is sufficient that the person conducting the business or undertaking complies with the requirement in AS/NZS 3012:2010 as modified by subregulation (2).

Division 6Residual current devices

164  Use of socket outlets in hostile operating environment

             (1)  This regulation applies in the following circumstances:

                     (a)  electrical equipment is used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust;

                     (b)  electrical equipment is moved between different locations in circumstances where damage to the equipment or to a flexible electricity supply cord is reasonably likely;

                     (c)  electrical equipment is frequently moved during its normal use;

                     (d)  electrical equipment forms part of, or is used in connection with, an amusement device.

             (2)  In a circumstance set out in subregulation (1), a person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that any electrical risk associated with the supply of electricity to the electrical equipment through a socket outlet is minimised by the use of an appropriate residual current device.

Penalty:

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

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

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

             (3)  Without limiting subregulation (2), the residual current device must have a tripping current that does not exceed 30 milliamps if electricity is supplied to the equipment through a socket outlet not exceeding 20 amps.

             (4)  Subregulation (2) does not apply if the supply of electricity to the electrical equipment:

                     (a)  does not exceed 50 volts alternating current; or

                     (b)  is direct current; or

                     (c)  is provided through an isolating transformer that provides at least an equivalent level of protection; or

                     (d)  is provided from a non‑earthed socket outlet supplied by an isolated winding portable generator that provides at least an equivalent level of protection.

Note 1:       This regulation commences on 1 January 2013 (see subregulation 2(2)).

Note 2:       Relevant electricity safety legislation of the State will also apply to the person conducting the business or undertaking.

165  Testing of residual current devices

             (1)  A person with management or control of a workplace must take all reasonable steps to ensure that residual current devices used at the workplace are tested regularly by a competent person to ensure that the devices are operating effectively.

Penalty:

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

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

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

             (2)  The person must keep a record of all testing of a residual current device (other than any testing conducted daily) until the earlier of the following occurs:

                     (a)  the device is next tested;

                     (b)  the device is permanently removed from use.

Penalty:

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

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

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

Division 7Overhead and underground electric lines

166  Duty of person conducting a business or undertaking

             (1)  A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line.

Penalty:

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

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

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

             (2)  If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or underground electric line, the person conducting the business or undertaking at the workplace must ensure that:

                     (a)  a risk assessment is conducted in relation to the proposed work; and

                     (b)  control measures implemented are consistent with:

                              (i)  the risk assessment; and

                             (ii)  if an electricity supply authority is responsible for the electric line, any requirements of the authority.

Penalty:

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

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

Note 1:       Relevant electricity safety legislation of the State will also apply to the person conducting the business or undertaking.

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

Part 4.8Diving Work

Division 1Preliminary

167  Purpose of Part 4.8

                   The purpose of this Part is to impose duties on a person carrying out a business or undertaking at a workplace to ensure:

                     (a)  the fitness and competence of persons who carry out general diving work and high risk diving work; and

                     (b)  the health and safety of persons who carry out general diving work and high risk diving work; and

                     (c)  the health and safety of other persons at workplaces where general diving work or high risk diving work is carried out.

Division 2General diving work—Fitness and competence of worker

168  Person conducting business or undertaking must ensure fitness of workers

             (1)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work or undergo training for general diving work unless the worker holds a current certificate of medical fitness.

Penalty:

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

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

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

             (2)  The person must not direct or allow a worker to carry out general diving work or undergo training for diving work unless the work or training complies with any conditions on the current certificate of medical fitness of the worker.

Penalty:

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

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

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

169  Certificate of medical fitness

                   A certificate of medical fitness must:

                     (a)  be issued by a registered medical practitioner with appropriate training in underwater medicine; and

                     (b)  state the following:

                              (i)  the name of the person to whom it is issued;

                             (ii)  its date of issue and its expiry date;

                            (iii)  whether or not the person to whom it is issued is, in accordance with the fitness criteria, medically fit to carry out diving work;

                            (iv)  any conditions in relation to the type of diving work the person to whom it is issued is fit to carry out, or the circumstances in which the person is fit to carry out general diving work, including, in the case of a person who is under 18 years of age, any particular conditions applicable to the age of the person.

170  Duty to keep certificate of medical fitness

                   A person conducting a business or undertaking at a workplace must keep the certificate of medical fitness of a worker who carries out general diving work for 1 year after the work is carried out.

Penalty:

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

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

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

171  Competence of worker—general diving work

                   A person must not carry out general diving work (other than incidental diving work and limited scientific diving work) unless:

                     (a)  the person has one or more of the following qualifications:

                              (i)  a statement of attainment for a specified VET course for general diving work that includes the type of general diving work to be carried out by the person;

                             (ii)  a certificate for general diving work, issued by a training organisation, that mentions the subject areas covered in AS/NZS 4005.2:2000 (Training and certification of recreational divers—Recreational SCUBA dive supervisor); and

                     (b)  the person has, through training, qualification or experience, acquired sound knowledge and skill in relation to the following:

                              (i)  the application of diving physics;

                             (ii)  the use, inspection and maintenance of diving equipment (including emergency equipment) and air supply of the type to be used in the proposed general diving work;

                            (iii)  the use of decompression tables or dive computers;

                            (iv)  dive planning;

                             (v)  ways of communicating with another diver and with persons at the surface during general diving work;

                            (vi)  how to safely carry out general diving work of the type proposed to be carried out;

                           (vii)  diving physiology and first aid.

Note:          See section 44 of the Act.

172  Competence of worker—incidental diving work

             (1)  A person must not carry out incidental diving work unless the person has:

                     (a)  the training, qualification or experience referred to in paragraph 171(b); and

                     (b)  relevant diving experience.

Note:          See section 44 of the Act.

             (2)  In this regulation, a person has relevant diving experience if the person has logged at least 15 hours of diving, of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the diving work is to be carried out.

173  Competence of worker—limited scientific diving work

             (1)  A person who is not permanently resident in Australia must not carry out limited scientific diving work unless the person has:

                     (a)  the training, qualification or experience referred to in paragraph 171(b); and

                     (b)  relevant diving experience, including relevant diving experience obtained outside Australia.

Note:          See section 44 of the Act.

             (2)  In this regulation, a person has relevant diving experience if the person has logged at least 60 hours diving of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the limited scientific diving work is to be carried out.

174  Competence of competent person supervising general diving work

                   A person appointed under regulation 177 must not perform any function associated with that appointment unless the person has:

                     (a)  the qualification specified in paragraph 171(a); and

                     (b)  experience in the type of diving work to be supervised.

Note:          See section 44 of the Act.

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

             (1)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.

Penalty:

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

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

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

             (2)  A person conducting as business or undertaking at a workplace must not direct or allow a person appointed under regulation 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under regulation 174.

Penalty:

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

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

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

             (3)  A person conducting a business or undertaking must keep the written evidence given to the person:

                     (a)  under subregulation (1)—for at least 1 year after the diving work is carried out;

                     (b)  under subregulation (2)—for at least 1 year after the last occasion on which the person performs a function associated with the appointment.

Penalty:

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

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

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

Division 3Managing risks—general diving work

176  Management of risks to health and safety

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

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

             (2)  A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for subregulation (1).

Penalty:

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

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

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

             (3)  The person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.

Penalty:

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

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

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

177  Appointment of competent person to supervise diving work

                   A person conducting a business or undertaking at a workplace must appoint one or more competent persons to:

                     (a)  supervise general diving work carried out in the business or undertaking; and

                     (b)  perform other functions under this Division.

Penalty:

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

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

Note 1:       See regulation 174 for the qualifications of the competent person.

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

178  Additional control—dive plan

             (1)  A person conducting a business or undertaking at a workplace must not direct or allow general diving work to be carried out unless a dive plan for the dive:

                     (a)  is prepared by a competent person appointed under regulation 177; or

                     (b)  has been prepared by a competent person appointed under regulation 177 on an earlier occasion for a similar dive.

Penalty:

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

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

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

             (2)  A dive plan must state the following:

                     (a)  the method of carrying out the diving work to which it relates;

                     (b)  the tasks and duties of each person involved in the dive;

                     (c)  the diving equipment, breathing gases and procedures to be used in the dive;

                     (d)  as applicable, dive times, bottom times and decompression profiles;

                     (e)  hazards relating to the dive and measures to be implemented in the control of risks associated with those hazards;

                      (f)  emergency procedures.

179  Dive plan must be complied with

             (1)  A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that general diving work is carried out in accordance with the dive plan prepared for it.

Penalty:

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

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

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

             (2)  A person conducting a business or undertaking must ensure that a competent person appointed by the person under regulation 177 gives workers instruction in relation to the dive plan before commencing the diving work to which the plan relates.

Penalty:

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

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

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

180  Additional control—dive safety log to be kept

                   A person conducting a business or undertaking at a workplace where general diving work is carried out must keep a dive safety log that contains the following information about each dive carried out by a worker:

                     (a)  the name of the worker who carries out the dive;

                     (b)  the name of any other person with whom the dive is carried out;

                     (c)  the name of the competent person appointed under regulation 177 to supervise the diving work;

                     (d)  the date and location of the dive;

                     (e)  the time each diver enters and leaves the water;

                      (f)  the maximum depth of the dive;

                     (g)  any incident, difficulty, discomfort or injury that occurs or is experienced during the dive;

                     (h)  if the dive was carried out using a dive computer—the dive time;

                      (i)  if the dive was carried out using dive tables—the repetitive dive group, if available, and either the bottom time or the dive time;

                      (j)  if the repetitive group and surface interval result in a repetitive factor—the surface interval and the repetitive factor;

                     (k)  if the dive is carried out using EANx:

                              (i)  the oxygen content of the EANx; and

                             (ii)  the maximum operating depth of the EANx;

                      (l)  if the dive is carried out using mixed gas:

                              (i)  the oxygen content and the nitrogen content (if any) of the gas; and

                             (ii)  the maximum operating depth of the mixed gas; and

                            (iii)  the minimum operating depth of the bottom mix.

Penalty:

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

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

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

181  Use of dive safety log

             (1)  This regulation applies to a person conducting a business or undertaking at a workplace where general diving work is carried out.

             (2)  The person conducting the business or undertaking must ensure that, after each dive carried out in connection with the general diving work is completed, the return of each diver is verified in the dive safety log, as soon as practicable after the return, by:

                     (a)  the diver; and

                     (b)  a competent person appointed under regulation 177 to supervise the diving work.

Penalty:

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

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

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

             (3)  If workers are carrying out general diving work from a vessel, the person conducting the business or undertaking must ensure that a competent person appointed under regulation 177 to supervise the diving work makes and verifies entries in the dive safety log of the number of workers and other persons on board the vessel:

                     (a)  before the diving work commences; and

                     (b)  before the vessel leaves the location after the diving work is completed.

Penalty:

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

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

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

             (4)  The person conducting the business or undertaking must ensure that the dive safety log is kept for at least 1 year after the last entry is made.

Penalty:

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

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

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

             (5)  In this regulation, an event is verified in the dive safety log:

                     (a)  by signing; or

                     (b)  if the log is electronic, by entering the verifier’s unique identifier.

182  Record keeping

             (1)  This regulation applies if a person conducting a business or undertaking prepares:

                     (a)  a risk assessment under regulation 176; or

                     (b)  a dive plan under regulation 178.

             (2)  Subject to subregulation (3), the person must keep:

                     (a)  a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

                     (b)  a copy of the dive plan until the work to which it relates is completed.

Penalty:

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

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

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

             (3)  If a notifiable incident occurs in connection with the work to which the assessment or dive plan relates, the person must keep the assessment or dive plan (as applicable) for at least 2 years after the incident occurs.

Penalty:

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

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

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

             (4)  The person must ensure that, for the period for which the assessment or dive plan must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out the work to which the assessment or dive plan relates.

Penalty:

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

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

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

             (5)  The person must ensure that, for the period for which the assessment or dive plan must be kept under this regulation, a copy is available for inspection under the Act.

Penalty:

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

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

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

Division 4High risk diving work

183  Duties of person conducting business or undertaking

             (1)  A person conducting a business or undertaking at a workplace where high risk diving work is carried out must ensure that the following are in accordance with AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice):

                     (a)  the fitness of persons carrying out the work;

                     (b)  the competence of persons carrying out the work;

Note:          See section 44 of the Act.

                     (c)  the carrying out of the work.

Penalty:

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

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

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

             (2)  The Regulator may approve a standard for the carrying out of high risk diving work by a member of the Defence Force.

             (3)  If a standard approved by the Regulator is in force:

                     (a)  subregulation (1) does not apply; and

                     (b)  a person conducting a business or undertaking at a workplace where high risk diving work is carried out by a member of the Defence Force must ensure that the following are in accordance with that standard:

                              (i)  the fitness of persons carrying out the work;

                             (ii)  the competence of persons carrying out the work;

Note:          See section 44 of the Act.

                            (iii)  the carrying out of the work.

Penalty:

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

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

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

184  Duty of worker—competence

             (1)  A person must not carry out high risk diving work unless the person has the qualifications, knowledge, skills and experience required by AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice) for work of the kind to be carried out by the person.

Note:          See section 44 of the Act.

             (2)  However, if a standard approved by the Regulator under subregulation 183(2) is in force:

                     (a)  subregulation (1) does not apply; and

                     (b)  a member of the Defence Force must not carry out high risk diving work unless the member has the qualifications, knowledge, skills and experience required by that standard for the high risk diving work.

Note:          See section 44 of the Act.

Chapter 5Plant and structures

Part 5.1General duties for plant and structures

Note:          In some jurisdictions, provisions will be included in Schedule 1 to the Act to extend the operation of this Part to plant outside the workplace.

Division 1Preliminary

185  Application of Part 5.1 to plant

             (1)  Subject to this regulation, and unless the contrary intention appears, this Part applies to:

                     (a)  the design, manufacture, importation, supply, installation, construction and commissioning of plant; and

                     (b)  the use, repair or disposal of plant, whether manufactured before, on or after 1 January 2012; and

                     (c)  the hazard identification, risk assessment and control or risk in relation to plant, whether manufactured before, on or after 1 January 2012.

             (2)  Subject to subregulation (3), this Part does not apply to plant that:

                     (a)  relies exclusively on manual power for its operation; and

                     (b)  is designed to be primarily supported by hand.

             (3)  This Part applies to explosive power tools that are designed to be supported by hand.

186  Application of Part 5.1 to structures

                   This Part applies to structures as provided in this Part.

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

187  Provision of information to manufacturer

                   A designer of plant must ensure, when the design of the plant is made available to the manufacturer of the plant, that the manufacturer is provided with:

                     (a)  information to enable the plant to be manufactured in accordance with the design specifications; and

                     (b)  if applicable, information about:

                              (i)  the installation, commissioning, decommissioning, use, handling, storage and, if the plant is capable of being dismantled, dismantling of the plant; and

                             (ii)  the hazards and risks associated with the use of the plant that the designer has identified; and

                            (iii)  testing or inspections to be carried out on the plant; and

                            (iv)  the systems of work and competency of operators that are necessary for the safe use of the plant; and

                             (v)  the emergency procedures (if any) that are required to be implemented if there is a malfunction of the plant.

Penalty:

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

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

Note 1:       A designer also has duties under section 22 of the Act.

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

188  Hazard identified in design during manufacture

                   If a manufacturer of plant advises the designer of the plant that there is a hazard in the design of plant for which the designer has not provided a control measure, the designer must:

                     (a)  revise the information originally supplied to the manufacturer to ensure that:

                              (i)  the risk is eliminated so far as is reasonably practicable; or

                             (ii)  if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable; or

                     (b)  notify the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with this Part.

Penalty:

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

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

Note 1:       A designer also has duties under section 22 of the Act.

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

189  Guarding

             (1)  This regulation applies if a designer of plant uses guarding as a measure to control risk.

             (2)  The designer must ensure, so far as is reasonably practicable, that the guarding designed for that purpose will prevent access to the danger point or danger area of the plant.

Penalty:

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

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

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

             (3)  The designer must ensure that:

                     (a)  if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant—the guarding is a permanently fixed physical barrier; or

                     (b)  if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant—the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or

                     (c)  if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b)—the guarding used is a physical barrier that can only be altered or removed by the use of tools; or

                     (d)  if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c)—the design includes a presence‑sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.

Penalty:

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

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

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

             (4)  The designer must ensure that the guarding is designed:

                     (a)  to be of solid construction and securely mounted so as to resist impact or shock; and

                     (b)  to make bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and

                     (c)  so as not to cause a risk in itself.

Penalty:

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

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

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

             (5)  If the plant to be guarded contains moving parts and those parts may break or cause workpieces to be ejected from the plant, the designer must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.

Penalty:

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

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

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

             (6)  Despite anything to the contrary in this regulation, the designer must ensure:

                     (a)  that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and

                     (b)  if the guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.

Penalty:

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

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

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

190  Operational controls

             (1)  A designer of plant must ensure that the design provides for any operator’s controls for the plant to be:

                     (a)  identified on the plant so as to indicate their nature and function and direction of operation; and

                     (b)  located so as to be readily and conveniently operated by each person using the plant; and

                     (c)  located or guarded to prevent unintentional activation; and

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

Penalty:

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

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

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

             (2)  If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the designer of the plant must ensure that the design provides for operator’s controls that:

                     (a)  permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and

                     (b)  while the plant is being maintained or cleaned, cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; and

                     (c)  will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning:

                              (i)  is eliminated so far as is reasonably practicable; or

                             (ii)  if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.

Penalty:

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

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

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

191  Emergency stop controls

             (1)  If plant is designed to be operated or attended by more than one person and more than one emergency stop control is fitted, the designer of the plant must ensure that the design provides for the multiple emergency stop controls to be of the ‘stop and lock‑off’ type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.

Penalty:

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

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

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

             (2)  If the design of the plant includes an emergency stop control for the plant, the designer of the plant must ensure that the design provides:

                     (a)  for the stop control to be prominent, clearly and durably marked and immediately accessible to each operator of the plant; and

                     (b)  for any handle, bar or push button associated with the stop control to be coloured red; and

                     (c)  that the stop control cannot be adversely affected by electrical or electronic circuit malfunction.

Penalty:

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

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

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

192  Warning devices

             (1)  This regulation applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.

             (2)  The designer of the plant must ensure that the design provides for the device to be positioned on the plant to ensure the device will work to best effect.

Penalty:

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

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

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

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

193  Control of risk

             (1)  A manufacturer of plant must ensure the following:

                     (a)  that the plant is manufactured and inspected having regard to the information provided to the manufacturer by the designer of the plant under the Act and these Regulations;

                     (b)  if the information provided to the manufacturer by the designer of the plant under the Act and these Regulations requires the plant to be tested—that the plant is tested in accordance with that information;

                     (c)  if, during the manufacturing process, any hazard is identified in the design of the plant for which the designer has not provided a control measure:

                              (i)  that the hazard is not incorporated into the manufacture of the plant; and

                             (ii)  that the designer of the plant is given written notice of the hazard as soon as practicable; and

                            (iii)  that all reasonable steps are taken to consult with the designer of the plant in relation to the alteration of the design to rectify the hazard.

Penalty:

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

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

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

             (2)  A manufacturer of plant must ensure that, if it is not possible to notify the designer of the hazard in accordance with subregulation (1):

                     (a)  the risk is eliminated, so far as is reasonably practicable; or

                     (b)  if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.

Note:          WHS Act—section 23 (see regulation 9).

             (3)  A manufacturer to whom paragraph (1)(c) applies must not manufacture the plant until:

                     (a)  the designer gives the manufacturer the revised information or written instruction under regulation 188; or

                     (b)  the manufacturer eliminates or minimises the risk under subregulation (2).

Note:          WHS Act—section 23 (see regulation 9).

             (4)  If the designer notifies a manufacturer of plant under regulation 188, the manufacturer may proceed in accordance with the designer’s original information.

194  Guarding

             (1)  A manufacturer of plant must ensure that guarding used as a control measure is of solid construction and securely mounted so as to resist impact or shock.

Penalty:

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

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

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

             (2)  A manufacturer of plant must ensure:

                     (a)  that any guarding used as a control measure in relation to plant is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and

                     (b)  if the guarding is removed—that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.

Penalty:

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

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

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

195  Information must be obtained and provided

                   A manufacturer of plant must:

                     (a)  take all reasonable steps to obtain the information required to be provided to the manufacturer by the designer of the plant under paragraphs 22(4)(a) and (c) of the Act and regulations 187 and 188; and

                     (b)  ensure that a person to whom the manufacturer supplies the plant is, at the time of supply, provided with the information provided to the manufacturer by the designer under paragraphs 22(4)(a) and (c) of the Act and regulation 187; and

                     (c)  if the manufacturer acts in accordance with regulation 193(1)(c), ensure that a person to whom the manufacturer supplies the plant is provided with the information, applicable to the plant, that is required to be provided by the designer under sections 22(4)(a) and (c) of the Act and regulation 188.

Penalty:

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

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

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

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

196  Information to be obtained and provided by importer

                   An importer of plant must:

                     (a)  take all reasonable steps to obtain:

                              (i)  the information that would be required to be provided by a manufacturer under paragraphs 23(4)(a) and (c) of the Act; and

                             (ii)  the information that would be required to be provided by the designer of the plant to the manufacturer under regulations 187 and 188; and

                     (b)  give that information to any person to whom the importer supplies the plant.

Penalty:

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

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

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

197  Control of risk

                   An importer of plant must:

                     (a)  ensure that the plant is inspected having regard to the information provided by the manufacturer; and

                     (b)  if the information provided by the manufacturer requires the plant to be tested—ensure that the plant is tested in accordance with that information; and

                     (c)  if any hazards are identified:

                              (i)  ensure that the plant is not supplied until the risks have been eliminated so far as is reasonably practicable; and

                             (ii)  if it is not reasonably practicable to eliminate the risks, advise the person to whom the plant is supplied of the risks; and

                     (d)  take all reasonable steps to ensure that the designer and manufacturer of the plant are consulted in relation to any alteration made to the plant to control the risk.

Penalty:

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

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

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

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

198  Information to be obtained and provided by supplier

                   A supplier of plant must:

                     (a)  take all reasonable steps to obtain the information required to be provided by the manufacturer under paragraphs 23(4)(a) and (c) of the Act and these Regulations; and

                     (b)  ensure that, when the plant is supplied, the person to whom the plant is supplied is given the information obtained by the supplier under paragraph (a).

Penalty:

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

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

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

199  Supply of second‑hand plant—duties of supplier

             (1)  A supplier of second‑hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.

Penalty:

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

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

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

             (2)  A supplier of second‑hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice:

                     (a)  of the condition of the plant; and

                     (b)  of any faults identified under subregulation (1); and

                     (c)  if appropriate, that the plant should not be used until the faults are rectified.

Penalty:

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

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

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

             (3)  This regulation does not apply to plant to be used for scrap or spare parts.

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

                   A supplier of plant to be used for scrap or spare parts must, before the plant is supplied, inform the person to whom the plant is supplied, either in writing or by marking the plant, that the plant is being supplied for scrap or spare parts and that the plant in its current form is not to be used as plant.

Penalty:

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

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

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

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

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

             (1)  This regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace.

             (2)  The person must ensure that the plant is installed, constructed or commissioned having regard to:

                     (a)  the information provided by the designer, manufacturer, importer or supplier of the plant under the Act and these Regulations; or

                     (b)  the instructions provided by a competent person to the extent that those instructions relate to health and safety.

Penalty:

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

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

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

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

             (1)  This regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions a structure that is to be used, or could reasonably be expected to be used, as or at, a workplace.

             (2)  The person must ensure that the structure is installed, constructed or commissioned having regard to:

                     (a)  the information provided by the designer, manufacturer, importer or supplier of the structure under the Act and these Regulations; or

                     (b)  the instructions provided by a competent person to the extent that those instructions relate to health and safety.

Penalty:

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

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

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

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

Note:          A person with management or control of plant at a workplace is the person conducting a business or undertaking at the workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in subregulation 5(1) and section 21 of the Act.

Subdivision 1Management of risks

203  Management of risks to health and safety

                   A person with management or control of plant at a workplace must manage risks to health and safety associated with plant, in accordance with Part 3.1.

Note:          WHS Act—section 21 (see regulation 9).

Subdivision 2Additional control measures for general plant

204  Control of risks arising from installation or commissioning

             (1)  A person with management or control of plant at a workplace must not commission the plant unless the person has established that the plant is, so far as is reasonably practicable, without risks to the health and safety of any person.

Penalty:

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

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

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

             (2)  A person with management or control of plant at a workplace must not decommission or dismantle the plant unless the decommissioning or dismantling can be carried out, so far as is reasonably practicable, without risks to the health and safety of any person.

Penalty:

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

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

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

             (3)  A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is a competent person.

Penalty:

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

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

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

             (4)  A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is provided with the available information for eliminating or minimising risks to health or safety.

Penalty:

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

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

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

             (5)  A person with management or control of plant at a workplace must ensure that the processes for the installation, construction, commissioning, decommissioning and dismantling of plant include inspections that ensure, so far as is reasonably practicable, that risks associated with these activities are monitored.

Penalty:

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

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

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

205  Preventing unauthorised alterations to or interference with plant

                   The person with management or control of plant at a workplace must, so far as is reasonably practicable, prevent alterations to or interference with the plant that are not authorised by the person.

Penalty:

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

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

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

206  Proper use of plant and controls

             (1)  The person with management or control of plant at a workplace must take all reasonable steps to ensure that plant is used only for the purpose for which it was designed, unless the person has determined that the proposed use does not increase the risk to health or safety.

Penalty:

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

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

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

             (2)  In determining whether or not a proposed use of plant increases the risk to health or safety, the person with management or control of the plant must ensure that the risk associated with the proposed use is assessed by a competent person.

Penalty:

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

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

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

             (3)  The person with management or control of plant at a workplace must take all reasonable steps to ensure that all health and safety features and warning devices (including guarding, operational controls, emergency stops and warning devices) are used in accordance with the instructions and information provided by that person under regulation 39.

Penalty:

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

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

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

207  Plant not in use

                   The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that plant that is not in use is left in a state that does not create a risk to the health or safety of any person.

Penalty:

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

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

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

208  Guarding

             (1)  This regulation applies if guarding is used as a control measure in relation to plant at a workplace.

             (2)  The person with management or control of the plant must ensure that:

                     (a)  if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant, the guarding is a permanently fixed physical barrier; or

                     (b)  if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant, the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or

                     (c)  if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b), the guarding used is a physical barrier that can only be altered or removed by the use of tools; or

                     (d)  if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c), the guarding includes a presence‑sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.

Penalty:

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

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

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

             (3)  The person with management or control of the plant must ensure that the guarding:

                     (a)  is of solid construction and securely mounted so as to resist impact or shock; and

                     (b)  makes bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and

                     (c)  does not create a risk in itself; and

                     (d)  is properly maintained.

Penalty:

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

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

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

             (4)  If the plant to be guarded contains moving parts that may break or cause workpieces to be ejected from the plant, the person with management or control of the plant must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.

Penalty:

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

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

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

             (5)  Despite anything to the contrary in this regulation, the person with management or control of the plant must ensure:

                     (a)  that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and

                     (b)  if guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.

Penalty:

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

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

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

209  Guarding and insulation from heat and cold

                   The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that any pipe or other part of the plant associated with heat or cold is guarded or insulated so that the plant is without risks to the health and safety of any person.

Penalty:

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

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

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

210  Operational controls

             (1)  The person with management or control of plant at a workplace must ensure that any operator’s controls are:

                     (a)  identified on the plant so as to indicate their nature and function and direction of operation; and

                     (b)  located so as to be readily and conveniently operated by each person using the plant; and

                     (c)  located or guarded to prevent unintentional activation; and

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

Penalty:

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

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

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

             (2)  If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the person with management or control of the plant at a workplace must ensure that the operator’s controls:

                     (a)  permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and

                     (b)  while the plant is being maintained or cleaned, either:

                              (i)  cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; or

                             (ii)  if subparagraph (i) cannot be complied with because the plant must be operated by a person other than the person who is carrying out the maintenance or cleaning of the plant, cannot be operated except by a person authorised by the person with management or control of the plant for that purpose; and

                     (c)  will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning:

                              (i)  is eliminated so far as is reasonably practicable; or

                             (ii)  if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.

Penalty:

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

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

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

211  Emergency stops

             (1)  If plant at a workplace is designed to be operated or attended by more than one person and more than one emergency stop control is fitted, the person with management or control of plant at the workplace must ensure that the multiple emergency stop controls are of the ‘stop and lock‑off’ type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.

Penalty:

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

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

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

             (2)  If the design of plant at a workplace includes an emergency stop control, the person with management or control of the plant at the workplace must ensure that:

                     (a)  the stop control is prominent, clearly and durably marked and immediately accessible to each operator of the plant; and

                     (b)  any handle, bar or push button associated with the stop control is coloured red; and

                     (c)  the stop control cannot be adversely affected by electrical or electronic circuit malfunction.

Penalty:

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

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

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

212  Warning devices

             (1)  This regulation applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.

             (2)  The person with management or control of the plant must ensure that the device is positioned on the plant to ensure that the device will work to best effect.

Penalty:

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

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

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

213  Maintenance and inspection of plant

             (1)  The person with management or control of plant at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the plant is carried out by a competent person.

Penalty:

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

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

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

             (2)  The maintenance, inspection and testing must be carried out:

                     (a)  in accordance with the manufacturer’s recommendations, if any; or

                     (b)  if there are no manufacturer’s recommendations, in accordance with the recommendations of a competent person; or

                     (c)  in relation to inspection, if it is not reasonably practicable to comply with paragraph (a) or (b), annually.

Subdivision 3Additional control measures for certain plant

Note:          The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in subregulation 5(1) and section 21 of the Act.

214  Powered mobile plant—general control of risk

                   The person with management or control of powered mobile plant at a workplace must in accordance with Part 3.1, manage risks to health and safety associated with the following:

                     (a)  the plant overturning;

                     (b)  things falling on the operator of the plant;

                     (c)  the operator being ejected from the plant;

                     (d)  the plant colliding with any person or thing;

                     (e)  mechanical failure of pressurised elements of plant that may release fluids that pose a risk to health and safety.

Note:          WHS Act—section 21 (see regulation 9).

215  Powered mobile plant—specific control measures

             (1)  This regulation applies to a person conducting a business or undertaking with management or control of powered mobile plant at a workplace.

             (2)  The person must ensure, so far as is reasonably practicable, that a suitable combination of operator protective devices for the plant is provided, maintained and used.

Penalty:

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

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

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

             (3)  The person must ensure, so far as is reasonably practicable, that no person other than the operator rides on the plant unless the person is provided with a level of protection that is equivalent to that provided to the operator.

Penalty:

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

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

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

             (4)  The person must ensure that the plant does not collide with pedestrians or other powered mobile plant.

Penalty:

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

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

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

             (5)  Without limiting subregulation (4), if there is a possibility of the plant colliding with pedestrians or other powered mobile plant, the person must ensure that the plant has a warning device that will warn persons who may be at risk from the movement of the plant.

Penalty:

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

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

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

216  Roll‑over protection on tractors

             (1)  The person with management or control of a tractor at a workplace must ensure that the tractor is not used unless it is securely fitted with a rollover protective structure.

Penalty:

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

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

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

             (2)  If a tractor is used in a place that is too low for the tractor to work while it is fitted with a roll‑over protective structure, the structure may be lowered or removed for the period during which the tractor is used in such a situation (but only if other measures to minimise the risk of roll‑over are in place).

             (3)  This regulation does not apply if the tractor is:

                     (a)  installed in a fixed position, and in a manner which would no longer permit it to be used as powered mobile plant; or

                     (b)  a tractor with a mass of less than 560 kilograms or a mass of 15 000 kilograms or more; or

                     (c)  being used for a historical purpose or activity.

             (4)  In this regulation:

historical purpose or activity, in relation to the use of a tractor, includes an activity ancillary to a historical activity.

Examples:

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

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

roll‑over protective structure means a structure designed to protect a tractor operator from injury if the tractor rolls over in any direction.

Note:          Regulations 214 and 215 also apply to a tractor.

217  Protective structures on earthmoving machinery

             (1)  The person with management or control of earthmoving machinery at a workplace must ensure that the machinery is not used unless it is securely fitted with a protective structure.

Penalty:

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

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

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

             (2)  This regulation does not apply to earthmoving machinery that has a weight of less than 1 500 kilograms (not including attachments to the machinery) and is not designed to have a seated operator.

             (3)  In this regulation:

protective structure means a structure designed to protect the operator from injury if the machinery rolls over and from falling objects.

Note:          Regulations 214 and 215 also apply to earthmoving machinery.

218  Industrial lift trucks

             (1)  The person with management or control of an industrial lift truck at a workplace must ensure that the truck is:

                     (a)  equipped with lifting attachments that are suitable for the load to be lifted or moved by the truck; and

                     (b)  operated in a manner that ensures that the risks to the operator of the truck and other persons at or near the workplace that arise from systems of work and the environment in which the truck is used:

                              (i)  are eliminated so far as is reasonably practicable; or

                             (ii)  if it is not reasonably practicable to eliminate the risks, are minimised so far as is reasonably practicable.

Penalty:

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

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

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

             (2)  The person with management or control of an industrial lift truck at a workplace must ensure that the truck is not used to carry a passenger unless:

                     (a)  the truck is designed to carry a seated passenger; and

                     (b)  the passenger seat is:

                              (i)  fitted with suitable seat restraints; and

                             (ii)  located within the zone of protection that is provided by the operator protective device required to be fitted to the industrial lift truck.

Penalty:

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

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

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

             (3)  The person with management or control of an industrial lift truck at a workplace must take all reasonable steps to ensure that a passenger in an industrial lift truck is seated in a seat that complies with paragraph (2)(b).

Penalty:

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

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

Note 1:       Regulations 214 and 215 also apply to an industrial lift truck.

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

219  Plant that lifts or suspends loads

             (1)  This regulation applies in relation to plant that is used to lift or suspend persons or things.

             (2)  The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that the plant used is specifically designed to lift or suspend the load.

Penalty:

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

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

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

             (3)  If it is not reasonably practicable to use plant that is specifically designed to lift or suspend the load, the person must ensure that:

                     (a)  the plant does not cause a greater risk to health and safety than if specifically designed plant were used; and

                     (b)  if the plant is lifting or suspending persons, the use of the plant complies with regulation 220.

Penalty:

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

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

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

             (4)  The person must ensure that the lifting and suspending is carried out:

                     (a)  with lifting attachments that are suitable for the load being lifted or suspended; and

                     (b)  within the safe working limits of the plant.

Penalty:

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

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

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

             (5)  The person must ensure, so far as is reasonably practicable, that no loads are suspended or travel over a person unless the plant is specifically designed for that purpose.

Penalty:

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

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

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

             (6)  The person must ensure, so far as is reasonably practicable, that loads are lifted or suspended in a way that ensures that the load remains under control during the activity.

Penalty:

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

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

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

             (7)  The person must ensure, so far as is reasonably practicable, that no load is lifted simultaneously by more than one item of plant unless the method of lifting ensures that the load placed on each item of plant does not exceed the design capacity of the plant.

Penalty:

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

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

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

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

             (1)  For paragraph 219(3)(b), the person with management or control of the plant at a workplace must ensure that:

                     (a)  the persons are lifted or suspended in a work box that is securely attached to the plant; and

                     (b)  the persons in the work box remain substantially within the work box while they are being lifted or suspended; and

                     (c)  if there is a risk of a person falling from a height, a safety harness is provided and worn by the person in order to prevent, so far as is reasonably practicable, injury to the person as a result of the fall; and

                     (d)  means are provided by which the persons being lifted or suspended can safely exit from the plant in the event of a failure in its normal operation.

             (2)  This regulation does not apply to plant used in connection with:

                     (a)  the performance of stunt work; or

                     (b)  the performance of acrobatics; or

                     (c)  theatrical performances.

Note:          Part 4.4 (except regulation 79) applies to the matters in subregulation (2).

221  Plant used in connection with tree lopping

             (1)  Paragraphs 220(1)(a) and (b) do not apply in connection with tree lopping if:

                     (a)  a risk assessment shows that lifting or suspending a person in a harness with a crane to place the person in a tree to carry out tree lopping does not create a greater risk to health or safety than using plant specifically designed to lift a person or climbing a tree; and

                     (b)  the tree lopping is carried out by a person who is a competent person in the use of the harness referred to in paragraph (a); and

                     (c)  a crane is used to put the competent person in the tree to lop it; and

                     (d)  the crane has safety mechanisms that would prevent the competent person from inadvertently falling; and

                     (e)  while attached to the crane, the competent person is in visual, audio or radio communication with the crane operator.

             (2)  In this regulation:

harness means a work positioning harness that is designed and certified, in accordance with AS/NZS 1891.1:2007 (Industrial fall‑arrest systems—Harnesses and ancillary equipment), for the purpose of lifting and suspending a person.

222  Industrial robots

             (1)  This regulation applies to a person with management or control of an industrial robot or other remotely or automatically energised plant at a workplace.

             (2)  The person must not direct or allow a worker to work in the immediate vicinity of the plant if it could start without warning and cause a hazard, unless suitable control measures are in place to control the risks to health and safety.

Penalty:

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

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

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

             (3)  If the remote or automatic energising of the plant could lead to risks to health and safety, the person must ensure that access to the area in the immediate vicinity of the plant is controlled at all times:

                     (a)  by isolating the area; or

                     (b)  by:

                              (i)  providing interlocked guards; or

                             (ii)  if a risk remains, providing presence‑sensing devices; or

                            (iii)  if a risk then remains, providing permit to work systems.

Penalty:

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

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

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

223  Lasers

             (1)  This regulation applies to the person with management or control, at a workplace, of laser equipment that may create a risk to health and safety.

             (2)  The person must ensure that laser equipment intended for use on plant is designed, constructed and installed so as to prevent accidental irradiation of any person.

Penalty:

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

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

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

             (3)  The person must ensure that laser equipment on plant is protected so that any operator of the plant or other person is not exposed to direct radiation, radiation produced by reflection or diffusion or secondary radiation.

Penalty:

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

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

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

             (4)  The person must ensure that the visual equipment used for the observation or adjustment of laser equipment on plant does not cause a risk to health or safety from laser rays.

Penalty:

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

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

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

             (5)  The person must ensure that the workers operating the laser equipment are trained in the proper operation of the equipment.

Penalty:

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

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

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

             (6)  The person must ensure that Class 3B and Class 4 lasers (within the meaning of AS 2397:1993—Safe use of lasers in the building and construction industry) are not used in construction work.

Penalty:

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

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

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

224  Pressure equipment

             (1)  The person with management or control of pressure equipment at a workplace must ensure that:

                     (a)  the equipment is inspected on a regular basis by a competent person; and

                     (b)  any gas cylinder that is inspected is marked with a current inspection mark showing the date of the most recent inspection.

Penalty:

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

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

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

             (2)  The person with management or control of gas cylinders at a workplace that is a gas cylinder filling station must ensure that:

                     (a)  a gas cylinder is not filled with gas unless it bears a current inspection mark; and

                     (b)  a gas cylinder is only filled with gas for which that cylinder is designed.

Penalty:

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

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

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

225  Scaffolds

             (1)  This regulation applies in relation to:

                     (a)  a suspended scaffold; and

                     (b)  a cantilevered scaffold; and

                     (c)  a spur scaffold; and

                     (d)  a hung scaffold; and

                     (e)  any other scaffold from which a person or thing could fall more than 4 metres.

             (2)  The person with management or control of a scaffold at a workplace must ensure that the scaffold is not used unless the person receives written confirmation from a competent person, who has inspected the scaffold, that construction of the scaffold has been completed.

Penalty:

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

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

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

             (3)  The person with management or control of a scaffold at a workplace must ensure that the scaffold and its supporting structure are inspected by a competent person:

                     (a)  before use of the scaffold is resumed after an incident occurs that may reasonably be expected to affect the stability of the scaffold; and

                     (b)  before use of the scaffold is resumed after repairs; and

                     (c)  at least every 30 days.

Penalty:

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

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

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

             (4)  If an inspection indicates that a scaffold at a workplace or its supporting structure creates a risk to health or safety, the person with management or control of the scaffold must ensure that:

                     (a)  any necessary repairs, alterations and additions are made or carried out; and

                     (b)  the scaffold and its supporting structure are inspected again by a competent person before use of the scaffold is resumed.

Penalty:

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

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

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

             (5)  The person with management or control of a scaffold at a workplace must ensure that unauthorised access to the scaffold is prevented while the scaffold is incomplete or unattended.

Penalty:

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

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

Example:    Danger tags and other warning signs.

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

226  Plant with presence‑sensing safeguarding system—records

             (1)  The person with management or control of plant with a presence‑sensing safeguarding system at a workplace must keep a record of safety integrity tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subregulation (2).

Penalty:

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

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

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

             (2)  The record must be kept for:

                     (a)  5 years unless paragraph (b) applies; or

                     (b)  the life of the plant or until the person relinquishes control of the plant if the plant is registered plant or has been altered.

             (3)  The person must keep the record available for inspection under the Act.

Penalty:

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

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

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