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Work Health and Safety Regulations 2011

Authoritative Version
  • - F2016C00236
  • In force - Superseded Version
  • View Series
SLI 2011 No. 262 Regulations as amended, taking into account amendments up to Work Health and Safety Amendment Regulation 2016 (No. 1)
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 08 Mar 2016
Start Date 27 Feb 2016
End Date 04 Mar 2016
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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. 7

Compilation date:                              27 February 2016

Includes amendments up to:            F2016L00151

Registered:                                         8 March 2016

 

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 27 February 2016 (the compilation date).

This compilation was prepared on 1 March 2016.

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                                               26

6A          Meaning of corresponding WHS law                                                          26

6B          Meaning of court                                                                                         27

6C          Meaning of public authority                                                                         28

7             Meaning of person conducting a business or undertaking—persons excluded       28

8             Meaning of supply                                                                                       29

9             Provisions linked to health and safety duties in Act                                     29

Part 1.2—Application                                                                                                                  30

11           Application of these Regulations                                                                  30

12           Assessment of risk in relation to a class of hazards, tasks, circumstances or things 30

Part 1.3—Incorporated documents                                                                                     31

13           Documents incorporated as in force when incorporated                               31

14           Inconsistencies between provisions                                                             31

15           References to standards                                                                                31

Chapter 2—Representation and participation                                       32

Part 2.1—Representation                                                                                                          32

Division 1—Work groups                                                                                                   32

16           Negotiations for and determination of work groups                                     32

17           Matters to be taken into account in negotiations                                           32

Division 2—Health and safety representatives                                                       33

18           Procedures for election of health and safety representatives                         33

19           Person conducting business or undertaking must not delay election            33

20           Removal of health and safety representatives                                               33

21           Training for health and safety representatives                                              34

Part 2.2—Issue Resolution                                                                                                        35

22           Agreed procedure—minimum requirements                                                35

23           Default procedure                                                                                         35

Part 2.3—Cessation of Unsafe Work                                                                                 37

24           Continuity of engagement of worker                                                            37

Part 2.4—Workplace Entry by WHS Entry Permit Holders                              38

25           Training requirements for WHS entry permits                                             38

26           Form of WHS entry permit                                                                          38

27           Notice of entry—general                                                                              38

28           Additional requirements—entry under section 117                                      39

29           Additional requirements—entry under section 120                                      39

30           Additional requirements—entry under section 121                                      40

31           Register of WHS entry permit holders                                                         40

Chapter 3—General risk and workplace management                 41

Part 3.1—Managing risks to health and safety                                                            41

32           Application of Part 3.1                                                                                 41

33           Specific requirements must be complied with                                              41

34           Duty to identify hazards                                                                               41

35           Managing risks to health and safety                                                             41

36           Hierarchy of control measures                                                                     41

37           Maintenance of control measures                                                                 42

38           Review of control measures                                                                         42

Part 3.2—General Workplace Management                                                                 44

Division 1—Information, training and instruction                                               44

39           Provision of information, training and instruction                                        44

Division 2—General working environment                                                              45

40           Duty in relation to general workplace facilities                                             45

41           Duty to provide and maintain adequate and accessible facilities                   45

Division 3—First aid                                                                                                             47

42           Duty to provide first aid                                                                               47

Division 4—Emergency plans                                                                                          48

43           Duty to prepare, maintain and implement emergency plan                           48

Division 5—Personal protective equipment                                                              50

44           Provision to workers and use of personal protective equipment                  50

45           Personal protective equipment used by other persons                                  51

46           Duties of worker                                                                                          51

47           Duty of person other than worker                                                                52

Division 6—Remote or isolated work                                                                          53

48           Remote or isolated work                                                                              53

Division 7—Managing risks from airborne contaminants                               54

49           Ensuring exposure standards for substances and mixtures not exceeded     54

50           Monitoring airborne contaminant levels                                                       54

Division 8—Hazardous atmospheres                                                                           56

51           Managing risks to health and safety                                                             56

52           Ignition sources                                                                                            56

Division 9—Storage of flammable or combustible substances                       57

53           Flammable and combustible material not to be accumulated                         57

Division 10—Falling objects                                                                                             58

54           Management of risk of falling objects                                                          58

55           Minimising risk associated with falling objects                                            58

Chapter 4—Hazardous work                                                                                    59

Part 4.1—Noise                                                                                                                                59

56           Meaning of exposure standard for noise                                                      59

57           Managing risk of hearing loss from noise                                                    59

58           Audiometric testing                                                                                      59

59           Duties of designers, manufacturers, importers and suppliers of plant          60

Part 4.2—Hazardous Manual Tasks                                                                                  62

60           Managing risks to health and safety                                                             62

61           Duties of designers, manufacturers, importers and suppliers of plant or structures  62

Part 4.3—Confined Spaces                                                                                                      65

Division 1—Preliminary                                                                                                      65

62           Confined spaces to which this Part applies                                                  65

63           Application to emergency service workers                                                   65

Division 2—Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure                                                                                                      66

64           Duty to eliminate or minimise risk                                                               66

Division 3—Duties of person conducting business or undertaking              67

65           Entry into confined space must comply with this Division                          67

66           Managing risks to health and safety                                                             67

67           Confined space entry permit                                                                         68

68           Signage                                                                                                        69

69           Communication and safety monitoring                                                         69

70           Specific control—connected plant and services                                            70

71           Specific control—atmosphere                                                                      70

72           Specific control—flammable gases and vapours                                          71

73           Specific control—fire and explosion                                                            72

74           Emergency procedures                                                                                 72

75           Personal protective equipment in emergencies                                             73

76           Information, training and instruction for workers                                        74

77           Confined space entry permit and risk assessment must be kept                   74

Part 4.4—Falls                                                                                                                                  76

78           Management of risk of fall                                                                           76

79           Specific requirements to minimise risk of fall                                              77

80           Emergency and rescue procedures                                                               78

Part 4.5—High Risk Work                                                                                                       79

Division 1—Licensing of high risk work                                                                    79

Subdivision 1—Requirement to be licensed                                                                 79

81           Licence required to carry out high risk work                                                79

82           Exceptions                                                                                                    79

83           Recognition of high risk work licences in other jurisdictions                       80

84           Duty of person conducting business or undertaking to ensure direct supervision    80

85           Evidence of licence—duty of person conducting business or undertaking   81

Subdivision 2—Licensing process                                                                                  82

86           Who may apply for a licence                                                                        82

87           Application for high risk work licence                                                         82

88           Additional information                                                                                 83

89           Decision on application                                                                                84

90           Matters to be taken into account                                                                   84

91           Refusal to grant high risk work licence—process                                        85

91A        Conditions of licence                                                                                    85

92           Duration of licence                                                                                       86

93           Licence document                                                                                         86

94           Licence document to be available                                                                 86

95           Reassessment of competency of licence holder                                            87

Subdivision 3—Amendment of licence document                                                      87

96           Notice of change of address                                                                         87

97           Licence holder to return licence                                                                    87

98           Replacement licence document                                                                     87

99           Voluntary surrender of licence                                                                     88

Subdivision 4—Renewal of high risk work licence                                                    88

100         Regulator may renew licence                                                                        88

101         Application for renewal                                                                                88

102         Licence continues in force until application is decided                                 89

103         Renewal of expired licence                                                                           89

104         Provisions relating to renewal of licence                                                      89

105         Status of licence during review                                                                    90

Subdivision 5—Suspension and cancellation of high risk work licence               90

106         Suspension or cancellation of licence                                                           90

107         Matters taken into account                                                                            91

108         Notice to and submissions by licence holder                                                92

109         Notice of decision                                                                                        92

110         Immediate suspension                                                                                  93

111         Licence holder to return licence document                                                    93

112         Regulator to return licence document after suspension                                 94

Part 4.6—Demolition work                                                                                                      95

142         Notice of demolition work                                                                           95

Part 4.7—General Electrical Safety in Workplaces and Energised Electrical Work       96

Division 1—Preliminary                                                                                                      96

144         Meaning of electrical equipment                                                                   96

145         Meaning of electrical installation                                                                 96

146         Meaning of electrical work                                                                          97

Division 2—General risk management                                                                       99

147         Risk management                                                                                         99

Division 3—Electrical equipment and electrical installations                         100

148         Electrical equipment and electrical installations to which this Division applies         100

149         Unsafe electrical equipment                                                                          100

150         Inspection and testing of electrical equipment                                              100

151         Untested electrical equipment not to be used                                                101

Division 4—Electrical work on energised electrical equipment                    102

152         Application of Division 4                                                                             102

153         Persons conducting a business or undertaking to which this Division applies         102

154         Electrical work on energised electrical equipment—prohibited                    102

155         Duty to determine whether equipment is energised                                      102

156         De‑energised equipment must not be inadvertently re‑energised                  103

157         Electrical work on energised electrical equipment—when permitted            103

158         Preliminary steps                                                                                          103

159         Unauthorised access to equipment being worked on                                    104

160         Contact with equipment being worked on                                                    105

161         How the work is to be carried out                                                                105

162         Record keeping                                                                                            106

Division 5—Electrical equipment and installations and construction work—additional duties                                                                                                                                108

163         Duty of person conducting business or undertaking                                    108

Division 6—Residual current devices                                                                          109

164         Use of socket outlets in hostile operating environment                                109

165         Testing of residual current devices                                                               110

Division 7—Overhead and underground electric lines                                       111

166         Duty of person conducting a business or undertaking                                 111

Part 4.8—Diving Work                                                                                                               112

Division 1—Preliminary                                                                                                      112

167         Purpose of Part 4.8                                                                                      112

Division 2—General diving work—Fitness and competence of worker    113

168         Person conducting business or undertaking must ensure fitness of workers            113

169         Certificate of medical fitness                                                                        113

170         Duty to keep certificate of medical fitness                                                    113

171         Competence of worker—general diving work—general qualifications        114

171A      Competence of worker—general diving work—additional knowledge and skill      114

172         Competence of worker—incidental diving work                                          115

173         Competence of worker—limited scientific diving work                               115

174         Competence of competent person supervising general diving work             115

175         Evidence of competence—duty of person conducting business or undertaking       115

Division 3—Managing risks—general diving work                                             117

176         Management of risks to health and safety                                                    117

177         Appointment of competent person to supervise diving work                       117

178         Additional control—dive plan                                                                      118

179         Dive plan must be complied with                                                                 118

180         Additional control—dive safety log to be kept                                             119

181         Use of dive safety log                                                                                  119

182         Record keeping                                                                                            120

Division 4—High risk diving work                                                                                122

183         Duties of person conducting business or undertaking                                  122

184         Duty of worker—competence                                                                      122

Chapter 5—Plant and structures                                                                           124

Part 5.1—General duties for plant and structures                                                    124

Division 1—Preliminary                                                                                                      124

185         Application of Part 5.1 to plant                                                                    124

186         Application of Part 5.1 to structures                                                             124

Division 2—Duties of persons conducting businesses or undertakings that design plant             125

187         Provision of information to manufacturer                                                    125

188         Hazard identified in design during manufacture                                           125

189         Guarding                                                                                                      126

190         Operational controls                                                                                     127

191         Emergency stop controls                                                                              128

192         Warning devices                                                                                           129

Division 3—Duties of persons conducting businesses or undertakings that manufacture plant                                                                                                                                130

193         Control of risk                                                                                              130

194         Guarding                                                                                                      131

195         Information must be obtained and provided                                                 131

Division 4—Duties of persons conducting businesses or undertakings that import plant            132

196         Information to be obtained and provided by importer                                  132

197         Control of risk                                                                                              132

Division 5—Duties of persons conducting businesses or undertakings that supply plant             133

198         Information to be obtained and provided by supplier                                   133

199         Supply of second‑hand plant—duties of supplier                                        133

200         Second‑hand plant to be used for scrap or spare parts                                 134

Division 6—Duties of persons conducting businesses or undertakings that install, construct or commission plant                                                                                           135

201         Duties of persons conducting businesses or undertakings that install, construct or commission plant     135

202         Duties of persons conducting businesses or undertakings that install, construct or commission structures                                                                                                                     135

Division 7—General duties of persons conducting a business or undertaking involving the management or control of plant                                                           136

Subdivision 1—Management of risks                                                                           136

203         Management of risks to health and safety                                                    136

Subdivision 2—Additional control measures for general plant                             136

204         Control of risks arising from installation or commissioning                        136

205         Preventing unauthorised alterations to or interference with plant                 137

206         Proper use of plant and controls                                                                   137

207         Plant not in use                                                                                             138

208         Guarding                                                                                                      139

209         Guarding and insulation from heat and cold                                                 140

210         Operational controls                                                                                     140

211         Emergency stops                                                                                          141

212         Warning devices                                                                                           142

213         Maintenance and inspection of plant                                                            142

Subdivision 3—Additional control measures for certain plant                              143

214         Powered mobile plant—general control of risk                                            143

215         Powered mobile plant—specific control measures                                       143

216         Roll‑over protection on tractors                                                                    144

218         Industrial lift trucks                                                                                      145

219         Plant that lifts or suspends loads                                                                  146

220         Exception—plant not specifically designed to lift or suspend a person        148

221         Plant used in connection with tree lopping                                                   148

222         Industrial robots                                                                                           148

223         Lasers                                                                                                           149

224         Pressure equipment                                                                                      150

225         Scaffolds                                                                                                      151

226         Plant with presence‑sensing safeguarding system—records                        152

Part 5.2—Additional duties relating to registered plant and plant designs            154

Division 1—Application of Part 5.2                                                                              154

227         Application of Part 5.2                                                                                 154

Division 2—Duty of persons conducting a business or undertaking who design plant to record plant design                                                                                                                  155

228         Records and information                                                                              155

229         Record of standards or engineering principles used                                     155

230         Records to be available for inspection                                                          156

Division 3—Duties of persons conducting a business or undertaking        157

231         Duty of persons conducting businesses or undertakings that manufacture plant      157

232         Duty of persons conducting businesses or undertakings that import plant   157

233         Duty of persons conducting businesses or undertakings that supply plant  157

234         Duty of persons conducting businesses or undertakings that commission plant      157

Division 4—Duties of persons conducting a business or undertaking involving the management or control of plant                                                                                              159

Subdivision 1—Control measures for registered plant                                            159

235         Major inspection of registered mobile cranes and tower cranes                   159

236         Lifts                                                                                                              160

237         Records of plant                                                                                           160

Subdivision 2—Control measures for amusement devices                                      161

238         Operation of amusement devices and passenger ropeways                          161

239         Storage of amusement devices and passenger ropeways                              162

240         Maintenance, inspection and testing of amusement devices and passenger ropeways              162

241         Annual inspection of amusement devices and passenger ropeways             163

242         Log book and manuals for amusement devices                                            164

Part 5.3—Registration of plant designs and items of plant                                  166

Division 1—Plant designs to be registered                                                                166

243         Plant design to be registered                                                                         166

244         Altered plant designs to be registered                                                           166

245         Recognition of designs registered by corresponding regulator                     166

Division 2—Items of plant to be registered                                                              167

246         Items of plant to be registered                                                                      167

247         Recognition of plant registered by corresponding regulator                         167

Division 3—Registration process for plant designs                                              168

248         Application of Division 3                                                                             168

249         Who can apply to register a plant design                                                      168

250         Application for registration                                                                          168

251         Design verification statement                                                                       168

252         Who can be the design verifier                                                                     169

253         Duty of design verifier                                                                                 169

254         Design verification statements not to be made in certain circumstances       169

255         Additional information                                                                                 170

256         Decision on application                                                                                170

257         Refusal of registration—process                                                                  171

258         Conditions of registration                                                                             171

259         Duration of registration of plant design                                                        171

260         Plant design registration number                                                                  171

261         Registration document                                                                                  172

262         Registration document to be available                                                          172

263         Disclosure of design information                                                                 173

Division 4—Registration process for an item of plant                                        174

264         Application of Division 4                                                                             174

265         Who can apply to register an item of plant                                                   174

266         Application for registration                                                                          174

267         When is a person competent to inspect plant                                                174

268         Additional information                                                                                 175

269         Decision on application                                                                                175

270         Refusal of registration—process                                                                  176

271         Conditions of registration                                                                             176

272         Duration of registration                                                                                176

273         Plant registration number                                                                             176

274         Registration document                                                                                  177

275         Registration document to be available                                                          177

276         Regulator may renew registration                                                                 178

277         Application for renewal                                                                                178

278         Registration continues in force until application is decided                          178

279         Decision on application                                                                                178

280         Status of registration during review                                                             179

Division 5—Changes to registration and registration documents                180

281         Application of Division                                                                                180

282         Changes to information                                                                                180

283         Amendment of registration imposed by regulator                                        180

284         Amendment on application by registration holder                                        181

285         Minor corrections to registration                                                                  182

286         Regulator to give amended registration document                                        182

287         Registration holder to return registration document                                      182

288         Replacement registration document                                                              182

Division 6—Cancellation of registration                                                                    184

288A      Application of Division                                                                                184

288B      Regulator may cancel registration                                                                 184

288C      Cancellation process                                                                                     184

288D      Registration holder to return registration document                                      185

Chapter 6—Construction work                                                                              186

Part 6.1—Preliminary                                                                                                                 186

289         Meaning of construction work                                                                     186

290         Meaning of structure                                                                                   186

291         Meaning of high risk construction work                                                      187

292         Meaning of construction project                                                                   188

293         Meaning of principal contractor                                                                   188

Part 6.2—Duties of designer of structure and person who commissions construction work      189

294         Person who commissions work must consult with designer                        189

295         Designer must give safety report to person who commissions design         189

296         Person who commissions project must give information to principal contractor      190

Part 6.3—Duties of person conducting business or undertaking                     191

Division 1—General                                                                                                              191

297         Management of risks to health and safety                                                    191

298         Security of workplace                                                                                  191

Division 2—High risk construction work—safe work method statements           192

299         Safe work method statement required for high risk construction work        192

300         Compliance with safe work method statement                                             192

301         Safe work method statement—copy to be given to principal contractor       193

302         Review of safe work method statement                                                        193

303         Safe work method statement must be kept                                                   194

Division 3—Excavation work                                                                                          195

304         Excavation work—underground essential services information                   195

305         Management of risks to health and safety associated with excavation work             196

306         Additional controls—trenches                                                                      197

Part 6.4—Additional duties of principal contractor                                                 198

307         Application of Part 6.4                                                                                 198

308         Specific control measure—signage identifying principal contractor             198

309         WHS management plan—preparation                                                          198

310         WHS management plan—duty to inform                                                     199

311         WHS management plan—review                                                                 199

312         High risk construction work—safe work method statements                       200

313         Copy of WHS management plan must be kept                                             200

314         Further health and safety duties—specific regulations                                 201

315         Further health and safety duties—specific risks                                           201

Part 6.5—General construction induction training                                                   203

Division 1—General construction induction training requirements            203

316         Duty to provide general construction induction training                               203

317         Duty to ensure worker has been trained                                                       203

318         Recognition of general construction induction training cards issued in other jurisdictions       204

Division 2—General construction induction training cards                            205

319         Issue of card                                                                                                 205

320         Content of card                                                                                             205

321         Replacement card                                                                                         206

322         Refusal to issue or replace card                                                                    206

323         Cancellation of card—grounds                                                                     206

324         Cancellation of card—process                                                                      207

325         RTO may enter agreement to issue cards                                                     207

Division 3—Duties of workers                                                                                         208

326         Duties of workers                                                                                        208

327         Alteration of general construction induction training card                            208

Chapter 7—Hazardous chemicals                                                                        209

Part 7.1—Hazardous chemicals                                                                                             209

Division 1—Application of Part 7.1                                                                              209

328         Application of Part 7.1                                                                                 209

Division 2—Obligations relating to safety data sheets and other matters           211

Subdivision 1—Obligations of manufacturers and importers                               211

329         Classification of hazardous chemicals                                                          211

330         Manufacturer or importer to prepare and provide safety data sheets            211

331         Safety data sheets—research chemical, waste product or sample for analysis          212

332         Emergency disclosure of chemical identities to registered medical practitioner         212

333         Emergency disclosure of chemical identities to emergency service worker  213

334         Packing hazardous chemicals                                                                       213

335         Labelling hazardous chemicals                                                                     214

Subdivision 2—Obligations of suppliers                                                                      214

336         Restriction on age of person who can supply hazardous chemicals             215

337         Retailer or supplier packing hazardous chemicals                                        215

338         Supplier labelling hazardous chemicals                                                        215

339         Supplier to provide safety data sheets                                                          216

340         Supply of prohibited and restricted carcinogens                                           216

Subdivision 3—Obligations of persons conducting businesses or undertakings            218

341         Labelling hazardous chemicals—general requirement                                  218

342         Labelling hazardous chemicals—containers                                                 218

343         Labelling hazardous chemicals—pipe work                                                 219

344         Person conducting business or undertaking to obtain and give access to safety data sheets     219

345         Changes to safety data sheets                                                                       221

Division 3—Register and manifest of hazardous chemicals                            222

Subdivision 1—Hazardous chemicals register                                                           222

346         Hazardous chemicals register                                                                       222

Subdivision 2—Manifest of Schedule 11 hazardous chemicals                              222

347         Manifest of hazardous chemicals                                                                 222

348         Regulator must be notified if manifest quantities to be exceeded                  223

Division 4—Placards                                                                                                             225

349         Outer warning placards—requirement to display                                         225

350         Placard—requirement to display                                                                  225

Division 5—Control of risk—obligations of persons conducting businesses or undertakings   227

Subdivision 1—General obligations relating to management of risk                  227

351         Management of risks to health or safety                                                       227

352         Review of control measures                                                                         227

353         Safety signs                                                                                                  228

354         Identification of risk of physical or chemical reaction                                  228

355         Specific control—fire and explosion                                                            229

356         Keeping hazardous chemicals stable                                                             229

Subdivision 2—Spills and damage                                                                                 230

357         Containing and managing spills                                                                   230

358         Protecting hazardous chemicals from damage                                              231

Subdivision 3—Emergency plans and safety equipment                                         231

359         Fire protection and firefighting equipment                                                   231

360         Emergency equipment                                                                                  233

361         Emergency plans                                                                                          233

362         Safety equipment                                                                                          234

Subdivision 4—Storage and handling systems                                                           234

363         Control of risks from storage or handling systems                                      234

364         Containers for hazardous chemicals used, handled or stored in bulk           235

365         Stopping use and disposing of handling systems                                         235

366         Stopping use of underground storage and handling systems                       236

367         Notification of abandoned tank                                                                    236

Division 6—Health monitoring                                                                                        238

368         Duty to provide health monitoring                                                               238

369         Duty to inform of health monitoring                                                            238

370         Duty to ensure that appropriate health monitoring is provided                     239

371         Duty to ensure health monitoring is supervised by registered medical practitioner with experience.        239

372         Duty to pay costs of health monitoring                                                        239

373         Information that must be provided to registered medical practitioner           240

374         Duty to obtain health monitoring report                                                       240

375         Duty to give health monitoring report to worker                                          241

376         Duty to give health monitoring report to regulator                                       241

377         Duty to give health monitoring report to relevant persons conducting businesses or undertakings          242

378         Health monitoring records                                                                            242

Division 7—Induction, information, training and supervision                       243

379         Duty to provide supervision                                                                         243

Division 8—Prohibition, authorisation and restricted use                                244

380         Using, handling and storing prohibited carcinogens                                    244

381         Using, handling and storing restricted carcinogens                                      244

382         Using, handling and storing restricted hazardous chemicals                        244

383         Application for authorisation to use, handle or store prohibited and restricted carcinogens      244

384         Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens          245

385         Changes to information in application to be reported                                   246

386         Regulator may cancel authorisation                                                              246

387         Statement of exposure to be given to workers                                              246

388         Records to be kept                                                                                        247

Division 9—Pipelines                                                                                                             248

389         Management of risk by pipeline owner                                                        248

390         Pipeline builder’s duties                                                                               248

391         Management of risks to health and safety by pipeline operator                    249

Part 7.2—Lead                                                                                                                                 251

Division 1—Lead process                                                                                                   251

392         Meaning of lead process                                                                              251

393         Regulator may decide lead process                                                               252

394         Meaning of lead risk work                                                                           252

395         Duty to give information about health risks of lead process                         252

Division 2—Control of risk                                                                                               254

396         Containment of lead contamination                                                              254

397         Cleaning methods                                                                                         254

398         Prohibition on eating, drinking and smoking                                               254

399         Provision of changing and washing facilities                                               255

400         Laundering, disposal and removal of personal protective equipment           255

401         Review of control measures                                                                         257

Division 3—Lead risk work                                                                                              259

402         Identifying lead risk work                                                                            259

403         Notification of lead risk work                                                                      259

404         Changes to information in notification of lead risk work                             260

Division 4—Health monitoring                                                                                        262

405         Duty to provide health monitoring before first commencing lead risk work             262

406         Duty to ensure that appropriate health monitoring is provided                     262

407         Frequency of biological monitoring                                                             263

408         Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience                                                                                                                     264

409         Duty to pay costs of health monitoring                                                        264

410         Information that must be provided to registered medical practitioner           265

411         Duty to obtain health monitoring report                                                       265

412         Duty to give health monitoring report to worker                                          266

413         Duty to give health monitoring report to regulator                                       266

414         Duty to give health monitoring report to relevant persons conducting businesses or undertakings          267

415         Removal of worker from lead risk work                                                      267

416         Duty to ensure medical examination if worker removed from lead risk work          268

417         Return to lead risk work after removal                                                         268

418         Health monitoring records                                                                            269

Chapter 8—Asbestos                                                                                                          271

Part 8.1—Prohibitions and authorised conduct                                                          271

419         Work involving asbestos or ACM—prohibitions and exceptions                271

Part 8.2—General duty                                                                                                              273

420         Exposure to airborne asbestos at workplace                                                 273

Part 8.3—Management of asbestos and associated risks                                       274

421         Application of Part 8.3                                                                                 274

422         Asbestos to be identified or assumed at workplace                                      274

423         Analysis of sample                                                                                       274

424         Presence and location of asbestos to be indicated                                         275

425         Asbestos register                                                                                          275

426         Review of asbestos register                                                                          276

427         Access to asbestos register                                                                           276

428         Transfer of asbestos register by person relinquishing management or control         277

429         Asbestos management plan                                                                          277

430         Review of asbestos management plan                                                          279

Part 8.4—Management of naturally occurring asbestos                                        280

431         Naturally occurring asbestos                                                                        280

432         Asbestos management plan                                                                          280

433         Review of asbestos management plan                                                          281

434         Training in relation to naturally occurring asbestos                                      281

Part 8.5—Asbestos at the workplace                                                                                  282

Division 1—Health monitoring                                                                                        282

435         Duty to provide health monitoring                                                               282

436         Duty to ensure that appropriate health monitoring is provided                     282

437         Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience                                                                                                                     283

438         Duty to pay costs of health monitoring                                                        283

439         Information that must be provided to registered medical practitioner           284

440         Duty to obtain health monitoring report                                                       284

441         Duty to provide give monitoring report to worker                                       285

442         Duty to give health monitoring report to regulator                                       285

443         Duty to give health monitoring report to relevant persons conducting businesses or undertakings          285

444         Health monitoring records                                                                            286

Division 2—Training                                                                                                             287

445         Duty to train workers about asbestos                                                           287

Division 3—Control on use of certain equipment                                                  288

446         Duty to limit use of equipment                                                                     288

Part 8.6—Demolition and refurbishment                                                                        289

447         Application of Part 8.6                                                                                 289

448         Review of asbestos register                                                                          289

449         Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment                                                                                                                     289

450         Duty to obtain asbestos register                                                                   289

451         Determining presence of asbestos or ACM                                                 290

452         Identification and removal of asbestos before demolition                             291

453         Identification and removal of asbestos before demolition of domestic premises       291

454         Emergency procedure                                                                                   292

455         Emergency procedure—domestic premises                                                  293

456         Identification and removal of asbestos before refurbishment                       293

457         Refurbishment of domestic premises                                                           294

Part 8.7—Asbestos removal work                                                                                        295

458         Duty to ensure asbestos removalist is licensed                                             295

459         Asbestos removal supervisor must be present or readily available               295

460         Asbestos removal worker must be trained                                                   296

461         Licensed asbestos removalist must keep training records                             296

462         Duty to give information about health risks of licensed asbestos removal work      297

463         Asbestos removalist must obtain register                                                     297

464         Asbestos removal control plan                                                                     298

465         Asbestos removal control plan to be kept and available                               298

466         Regulator must be notified of asbestos removal                                           299

467         Licensed asbestos removalist must tell certain persons about intended asbestos removal work               300

468         Person with management or control of workplace must tell persons about asbestos removal work         301

469         Signage and barricades for asbestos removal work                                      302

470         Limiting access to asbestos removal area                                                     302

471         Decontamination facilities                                                                            303

472         Disposing of asbestos waste and contaminated personal protective equipment        304

473         Clearance inspection                                                                                     305

474         Clearance certificates                                                                                    306

Part 8.8—Asbestos removal requiring Class A licence                                           307

475         Air monitoring—asbestos removal requiring Class A licence                      307

476         Action if respirable asbestos fibre level too high                                          308

477         Removing friable asbestos                                                                           309

Part 8.9—Asbestos‑related work                                                                                          311

478         Application of Part 8.9                                                                                 311

479         Uncertainty as to presence of asbestos                                                         311

480         Duty to give information about health risks of asbestos‑related work          311

481         Asbestos‑related work to be in separate area                                                312

482         Air monitoring                                                                                             312

483         Decontamination facilities                                                                            313

484         Disposing of asbestos waste and contaminated personal protective equipment        314

Part 8.10—Licensing of asbestos removalists and asbestos assessors             316

Division 1—Asbestos removalists—requirement to be licensed                    316

485         Requirement to hold Class A asbestos removal licence                                316

486         Exception to requirement to hold Class A asbestos removal licence            316

487         Requirement to hold Class B asbestos removal licence                                316

488         Recognition of asbestos removal licences in other jurisdictions                   317

Division 2—Asbestos assessors—requirement to be licensed                         318

489         Requirement to hold asbestos assessor licence                                             318

490         Recognition of asbestos assessor licences in other jurisdictions                  318

Division 7—General                                                                                                              319

529         Work must be supervised by named supervisor                                           319

Chapter 9—Major hazard facilities                                                                    320

Part 9.1—Preliminary                                                                                                                 320

Division 1—Application and interpretation                                                              320

530         This Chapter does not apply to certain facilities                                           320

531         Meaning of major incident                                                                           320

532         Meaning of hazardous chemicals that are present or likely to be present     320

533         Meaning of operator of a facility or proposed facility                                 321

534         Meaning of modification of a facility                                                           321

Division 2—Requirement to be licensed                                                                     323

535         A major hazard facility must be licensed                                                      323

Part 9.2—Determinations about Major Hazard Facilities                                    324

536         Operators of certain facilities must notify regulator                                      324

537         Notification—proposed facilities                                                                  324

538         Content of notification                                                                                  324

539         When regulator may conduct inquiry                                                           326

540         Inquiry procedure                                                                                         326

541         Determination in relation to facility, on inquiry                                            327

542         Determination in relation to over‑threshold facility                                      327

543         Suitability of facility operator                                                                       327

544         Conditions on determination of major hazard facility                                   328

545         Notice and effect of determinations                                                              328

546         When regulator may revoke a determination                                                329

547         Re‑notification if quantity of Schedule 15 chemicals increases                    329

548         Notification by new operator                                                                        329

549         Time in which major hazard facility licence must be applied for                  330

Part 9.3—Duties of Operators of Determined Major Hazard Facilities       331

Division 1—Application of Part 9.3                                                                              331

550         Application of Part 9.3                                                                                 331

Division 2—Safety case outline                                                                                       332

551         Safety case outline must be provided                                                           332

552         Content                                                                                                         332

553         Alteration                                                                                                     332

Division 3—Management of risk                                                                                    334

554         Identification of major incidents and major incident hazards                        334

555         Safety assessment                                                                                        334

556         Control of risk                                                                                              335

557         Emergency plan                                                                                            336

558         Safety management system                                                                          338

559         Review of risk management                                                                         339

Division 4—Safety case                                                                                                       340

560         Safety case must be provided                                                                       340

561         Content                                                                                                         340

562         Co‑ordination for multiple facilities                                                              341

563         Review                                                                                                         341

Part 9.4—Licensed major hazard facilities—risk management                        343

564         Identification of major incidents and major incident hazards                        343

565         Safety assessment                                                                                        344

566         Control of risk                                                                                              344

567         Emergency plan                                                                                            344

568         Safety management system                                                                          345

569         Review of risk management                                                                         346

570         Safety case—review                                                                                     347

571         Information for visitors                                                                                347

572         Information for local community and local authority—general                    347

573         Information for local community—major incident                                       348

Part 9.5—Consultation and Workers’ Safety role                                                     350

574         Safety role for workers                                                                                350

575         Operator of major hazard facility must consult with workers                       350

Part 9.6—Duties of Workers at Licensed Major Hazard Facilities                 352

576         Duties                                                                                                           352

Part 9.7—Licensing of major hazard facilities                                                             353

Division 1—Licensing process                                                                                         353

577         Who may apply for a licence                                                                        353

578         Application for major hazard facility licence                                                353

579         Additional information                                                                                 354

580         Decision on application                                                                                355

581         Matters to be taken into account                                                                   355

582         When decision is to be made                                                                        356

583         Refusal to grant major hazard facility licence—process                               356

584         Conditions of licence                                                                                    357

585         Duration of licence                                                                                       357

586         Licence document                                                                                         357

587         Licence document to be available                                                                 358

Division 2—Amendment of licence and licence document                                359

588         Changes to information                                                                                359

589         Amendment imposed by regulator                                                               359

590         Amendment on application by operator                                                        360

591         Minor corrections to major hazard facility licence                                        361

592         Regulator to give amended licence document to operator                             361

593         Operator to return licence                                                                             361

594         Replacement licence document                                                                     361

Division 3—Renewal of major hazard facility licence                                        363

595         Regulator may renew licence                                                                        363

596         Application for renewal                                                                                363

597         Licence continues in force until application is decided                                 363

598         Provisions relating to renewal of licence                                                      363

599         Status of major hazard facility licence during review                                   363

Division 4—Transfer of major hazard facility licence                                       365

600         Transfer of major hazard facility licence                                                       365

Division 5—Suspension and cancellation of major hazard facility licence          366

601         Cancellation of major hazard facility licence—on operator’s application      366

602         Suspension or cancellation of licence—on regulator’s initiative                   366

603         Matters to be taken into account                                                                   367

604         Notice to and submissions by operator                                                        367

605         Notice of decision                                                                                        368

606         Immediate suspension                                                                                  368

607         Operator to return licence document                                                             369

608         Regulator to return licence document after suspension                                 369

Chapter 10—Mines                                                                                                              370

Chapter 11—General                                                                                                         371

Part 11.1—Review of Decisions under these Regulations                                     371

Division 1—Reviewable decisions                                                                                  371

676         Which decisions under these Regulations are reviewable                             371

Division 2—Internal review                                                                                              376

677         Application                                                                                                   376

678         Application for internal review                                                                     376

679         Internal reviewer                                                                                          376

680         Decision of internal reviewer                                                                       376

681         Decision on internal review                                                                          377

682         Internal review—reviewable decision continues                                          377

Division 3—External review                                                                                             378

683         Application for external review                                                                    378

Part 11.2—Exemptions                                                                                                               379

Division 1—General                                                                                                              379

684         General power to grant exemptions                                                              379

685         Matters to be considered in granting exemptions                                         379

Division 2—High risk work licences                                                                             380

686         High risk work licence—exemption                                                             380

687         High risk work licence—regulator to be satisfied about certain matters       380

Division 3—Major hazard facilities                                                                              381

688         Major hazard facility—exemption                                                                381

689         Major hazard facility—regulator to be satisfied about certain matters          381

Division 4—Exemption process                                                                                       382

690         Application for exemption                                                                            382

691         Conditions of exemption                                                                              382

692         Form of exemption document                                                                      382

693         Compliance with conditions of exemption                                                   383

694         Notice of decision in relation to exemption                                                  383

696         Notice of refusal of exemption                                                                     383

697         Amendment or cancellation of exemption                                                    383

698         Notice of amendment or cancellation                                                            383

Part 11.3—Miscellaneous                                                                                                          385

699         Incident notification—prescribed serious illnesses                                       385

700         Inspectors’ identity cards                                                                             385

702         Confidentiality of information—exception relating to administration or enforcement of other laws         385

Chapter 12—Transitional and saving provisions                                386

Part 3—General risk and workplace management                                                   386

Division 3.1—Managing risks to health and safety                                              386

716         Lead in time for managing risks                                                                   386

Division 3.2—General workplace management                                                     387

Subdivision 4—Emergency plans                                                                                  387

717         Lead in time for emergency plan                                                                  387

Part 4—Hazardous work                                                                                                          388

Division 4.1—Noise                                                                                                                388

718         Particular provision for audiometric testing                                                  388

719         Noise—duties of designers                                                                          388

720         Noise—duties of manufacturers                                                                   388

721         Noise—duties of importers                                                                          389

722         Noise—duties of suppliers                                                                           389

Division 4.2—Hazardous manual tasks                                                                      390

723         Hazardous manual tasks—duties of designers                                             390

724         Hazardous manual tasks—duties of manufacturers                                      390

725         Hazardous manual tasks—duties of importers                                             390

726         Hazardous manual tasks—duties of suppliers                                              390

Division 4.5—High risk work                                                                                           391

727         Licence to carry out high risk work—reach stacker                                     391

Division 4.6—Demolition work                                                                                       392

728         Notice of demolition work                                                                           392

Division 4.8—Diving work                                                                                                 393

729         Duties                                                                                                           393

Part 5—Plant and structures                                                                                                  394

Division 5.1—General duties for plant and structures                                       394

Subdivision 2—Duties of persons conducting businesses or undertakings that design plant       394

730         Hazard identified in design during manufacture                                           394

731         Other duties                                                                                                  394

Subdivision 3—Duties of persons conducting businesses or undertakings that manufacture plant          394

732         Control of risk                                                                                              394

733         Other duties                                                                                                  394

Subdivision 4—Duties of persons conducting businesses or undertakings that import plant      395

734         Duties                                                                                                           395

Subdivision 5—Duties of persons conducting businesses or undertakings that supply plant      395

735         Duties                                                                                                           395

Subdivision 6—Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures                                                                                395

736         Duties                                                                                                           395

737         Plant used in connection with tree lopping—lead in time for application of regulation 221      396

Division 5.2—Additional duties relating to registered plant and plant designs 397

Subdivision 2—Duties of persons conducting businesses or undertakings who design plant      397

738         Duties                                                                                                           397

Division 5.3—Registration of plant designs and items of plant                      398

739         Registration of design of concrete placement units and prefabricated formwork      398

740         Registration of design of lifts                                                                       398

741         Existing registrations of plant and plant designs                                          398

742         Pending applications for registration of plant and plant designs                   399

743         Registration of plant and plant design by Defence Force                             399

Part 6—Construction work                                                                                                     401

Division 6.2—Duties of designer of structure and person who commissions construction Work                                                                                                                                401

744         Duties                                                                                                           401

Division 6.3—Duties of person conducting business or undertaking          402

Subdivision 1—General                                                                                                    402

745         Security of workplace                                                                                  402

Subdivision 3—Excavation work                                                                                   402

746         Additional controls—trenches                                                                      402

Division 6.4—Additional duties of principal contractor                                    403

747         Specific control measure—signage identifying principal contractor             403

748         Duties—WHS management plans                                                                403

Division 6.5—General construction induction training                                      404

749         Duties                                                                                                           404

Part 7—Hazardous chemicals                                                                                                 405

Division 7.1—Hazardous chemicals                                                                             405

Subdivision 2—Obligations relating to safety data sheets and other matters—            405

750         Labelling hazardous chemicals—pipe work                                                 405

Subdivision 8—Prohibition, authorisation and restricted use—                            405

751         Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens          405

Division 7.2—Lead                                                                                                                 406

Subdivision 3—Lead risk work                                                                                      406

752         Notification of lead risk work                                                                      406

Part 8—Asbestos                                                                                                                             407

Division 8.3—Management of asbestos and associated risks                          407

753         Duties                                                                                                           407

Division 8.4—Management of naturally occurring asbestos                          408

754         Duties                                                                                                           408

Division 8.5—Asbestos at the workplace                                                                   409

Subdivision 2—Training                                                                                                  409

755         Duties                                                                                                           409

Part 9—Major hazard facilities                                                                                             410

Division 9.7—Licensing of major hazard facilities                                               410

756         Existing major hazard facility                                                                       410

757         Existing licensed major hazard facility                                                         410

758         Existing notification of facility awaiting decision                                         410

Part 12—Other transitional matters                                                                                   412

Division 1—Globally Harmonised System of Classification and Labelling of Chemicals            412

759         Introductory period for GHS                                                                       412

Division 2—Obligation to train health and safety representatives—approved courses of training                                                                                                                                413

760         Courses accredited before 1 January 2012                                                   413

Division 3—Codes of practice                                                                                          414

761         Preserved codes of practice                                                                          414

Schedule 1—Revocation of regulations                                                          415

Schedule 2—Fees                                                                                                                     416

1             Purpose of this Schedule                                                                              416

Schedule 3—High risk work licences and classes of high risk work            417

1             Boom‑type elevating work platform                                                             420

Schedule 4—High risk work licences—competency requirements 421

1             Purpose of this Schedule                                                                              421

Schedule 5—Registration of plant and plant designs                      423

Part 1—Plant requiring registration of design                                                             423

1             Items of plant requiring registration of design                                              423

2             Exceptions                                                                                                    423

Part 2—Items of plant requiring registration                                                               425

3             Items of plant requiring registration                                                             425

4             Exceptions                                                                                                    425

Schedule 6—Classification of mixtures                                                           426

1             Purpose of this Schedule                                                                              426

Schedule 7—Safety data sheets                                                                               429

1             Safety data sheets—content                                                                          429

2             Safety data sheets—research chemical, waste product or sample for analysis          430

Schedule 8—Disclosure of ingredients in safety data sheet        431

1             Purpose of this Schedule                                                                              431

2             Identity of ingredients to be disclosed                                                          431

3             Generic names used to disclose identity of ingredients                                432

4             Disclosing proportions of ingredients                                                          433

Schedule 9—Classification, packaging and labelling requirements             434

Part 1—Correct classification                                                                                                 434

1             Correct classification of a substance, mixture or article                                434

Part 2—Correct packing                                                                                                           435

2             Correctly packing hazardous chemicals                                                        435

Part 3—Correct labelling                                                                                                          436

3             Labelling hazardous chemicals—general                                                      436

4             Labelling hazardous chemicals—small container                                         436

5             Labelling hazardous chemicals—research chemicals or samples for analysis           437

6             Labelling hazardous chemicals—decanted or transferred chemicals             437

7             Labelling hazardous chemicals—known hazards                                         437

8             Labelling hazardous chemicals—waste products                                         437

9             Labelling hazardous chemicals—explosives                                                438

10           Labelling hazardous chemicals—agricultural and veterinary chemicals        438

Schedule 10—Prohibited carcinogens, restricted carcinogens and restricted hazardous chemicals                                                                           439

Schedule 11—Placard and manifest quantities                                      442

1             Determination of classification of flammable liquids                                    444

Schedule 12—Manifest requirements                                                               445

1             Manifest—general information                                                                    445

2             Manifest—bulk storage and containers                                                        445

3             Manifest—identification of hazardous chemical                                           445

4             Manifest—storage area for packaged hazardous chemicals                          446

5             Manifest—hazardous chemicals being manufactured                                   447

6             Manifest—hazardous chemicals in transit                                                    447

7             Manifest—plan of workplace                                                                       447

Schedule 13—Placard requirements                                                                  449

1             Displaying placards                                                                                      449

2             Maintaining placards                                                                                    449

3             Outer warning placards—requirements                                                        450

4             Placards for particular hazardous chemicals stored in bulk                          450

5             Placards for unstable explosives, organic peroxides type A or self‑reactive substances type A stored in bulk                                                                                                                     452

6             Placards for packaged Schedule 11 hazardous chemicals (other than flammable liquids category 4) and IBCs                                                                                                                     453

7             Placards for flammable liquids category 4 packaged or in bulk                    454

Schedule 14—Requirements for health monitoring                          455

Schedule 15—Hazardous chemicals at major hazard facilities (and their threshold quantity)                                                                                                          458

1             Definitions                                                                                                   458

2             Relevant hazardous chemicals                                                                      458

3             Threshold quantity of one hazardous chemical                                             458

4             Threshold quantity of more than one hazardous chemical                            458

5             How table 15.1 must be used                                                                       459

6             How table 15.2 must be used                                                                       459

Schedule 16—Matters to be included in emergency plan for major hazard facility                                                                                                                                   464

1             Site and hazard detail                                                                                    464

2             Command structure and site personnel                                                         464

3             Notifications                                                                                                 465

4             Resources and equipment                                                                             465

5             Procedures                                                                                                   465

Schedule 17—Additional matters to be included in safety management system of major hazard facility                                                                         466

1             Safety policy and safety objectives                                                               466

2             Organisation and personnel                                                                          466

3             Operational controls                                                                                     466

4             Duties of operators                                                                                       467

5             Management of change                                                                                467

6             Principles and standards                                                                               467

7             Performance monitoring                                                                               467

8             Audit                                                                                                            467

Schedule 18—Additional matters to be included in safety case for a major hazard facility                                                                                                                468

Part 1—Facility description                                                                                                     468

1             The facility                                                                                                   468

2             The surrounding area                                                                                   468

Part 2—Safety information                                                                                                      470

3             Control measures to limit the consequences of major incidents                    470

4             Performance monitoring                                                                               470

5             Safety management system                                                                          470

6             Safety and reliability of facility structures and plant                                     471

7             Major incident history                                                                                  471

Endnotes                                                                                                                                              472

Endnote 1—About the endnotes                                                                                      472

Endnote 2—Abbreviation key                                                                                          473

Endnote 3—Legislation history                                                                                       474

Endnote 4—Amendment history                                                                                     475

 


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 micro‑organisms.

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 or other users travel or move 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.

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;

                            (iii)  AMBSC Part 3—Australian Miniature Boiler Safety Committee Code for Sub‑Miniature Boilers;

                            (iv)  AMBSC Part 4—Australian Miniature Boiler Safety Committee Code for Duplex Steel Boilers; or

                     (e)  in Schedules 3 and 4:

                              (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 dust means finely divided solid particles (including dust, fibres or flyings) that are:

                     (a)  suspended in air or settle out of the atmosphere under their own weight; and

                     (b)  able to burn or glow in air; and

                     (c)  able to form an explosive mixture with air at atmospheric pressure and normal temperature.

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 a major inspection of a mobile crane or a tower crane under regulation 235—see regulation 235; and

                     (d)  for inspection of amusement devices and passenger ropeways 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 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 or beams supported at one or both ends by legs mounted to 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 an area in which:

                     (a)  an explosive gas is present in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant; or

                     (b)  a combustible dust is present, or could reasonably be expected to be present, in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant.

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.

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.

inflatable device (continuously blown) means an amusement device that is an inflatable device that relies on a continuous supply of air pressure to maintain its shape.

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.

passenger ropeway means a powered ropeway used for transporting, in a horizontal or inclined plane, passengers moved by a carrier that is:

                     (a)  attached to or supported by a moving rope; or

                     (b)  attached to a moving rope but supported by a standing rope or other overhead structure;

including, in relation to the powered ropeway, the prime mover, any associated transmission machinery and any supporting structure and equipment, but does not include any of the following:

                     (c)  a cog railway;

                     (d)  a cable car running on rails;

                     (e)  a flying fox or similar device;

                      (f)  an elevating system for vehicles or boat style carriers associated with amusement devices.

Note:       An example of a system covered by paragraph (f) is an elevating system for a log ride or boat flume ride.

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.

platform height, in relation to an inflatable device (continuously blown), means the height of the highest part of the device designed to support persons using it (the platform), as measured from the surface supporting the device to the top surface of the platform when the device is inflated but unloaded.

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 service organisation means an organisation that is a primary emergency service 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 of 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 VET course Remove friable asbestos; or

                              (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; or

                      (f)  in relation to high risk work—the relevant VET course specified in Schedule 4.

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 any 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; and

                     (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 may have regard to any relevant matters, including:

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

                     (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 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.

             (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 is not required to be licensed to carry out the work if the work is carried out:

                     (a)  in the course of training towards a certification in order to be licensed to carry out the high risk work; and

                     (b)  under the supervision of a person who is licensed to carry out the high risk work.

          (1A)  A person who holds a certification in relation to a specified VET course for high risk work is not required to be licensed to carry out the work:

                     (a)  for 60 days after the certification is issued; and

                     (b)  if the person applies for the relevant high risk work licence within that 60 day period, until:

                              (i)  the person is granted the licence; or

                             (ii)  the expiry of 28 days after the person is given written notice under subregulation 91(2) of a decision to refuse to grant the licence.

          (1B)  A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out while an accredited assessor is conducting an assessment of the person’s competency in relation to the work.

             (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 includes operating the plant in order to load the plant onto, or unload it from, a vehicle or equipment used to move it.

             (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 subregulation 82(1) provides direct supervision of the person except in the circumstances set out in subregulation (2) of 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.

             (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 in the circumstances referred to in subregulation 82(1) unless the person sees written evidence provided by the worker that the worker is undertaking the course of training referred to in paragraph 82(1)(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.

          (2A)  A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in subregulation 82(1A) unless the person sees written evidence provided by the worker that the worker:

                     (a)  in the circumstances referred to in paragraph 82(1A)(a)—holds a certification referred to in subregulation 82(1A); and

                     (b)  in the circumstances referred to in paragraph 82(1A)(b):

                              (i)  holds a certification referred to in subregulation 82(1A); and

                             (ii)  has applied for the relevant licence within the period referred to in paragraph 82(1A)(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 subregulation 82(1) 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 a record of the written evidence provided:

                     (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 photograph of the applicant in the form required by the regulator;

                     (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 specified VET course, or each of the specified VET courses, for the high risk work 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).

91A  Conditions of licence

             (1)  The regulator may impose any conditions it considers appropriate on a high risk work licence.

             (2)  Without limiting subregulation (1), the regulator may impose conditions in relation to one or more of the following:

                     (a)  control measures that must be implemented in relation to the carrying out of work or activities under the licence;

                     (b)  the circumstances in which work or activities authorised by the licence may be carried out.

             (3)  The regulator must give the licence holder written notice of any conditions imposed on the licence.

Note 1:       A person must comply with the conditions of a licence (see section 45 of the Act).

Note 2:       A decision to impose a condition on 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 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)  if required by the regulator, a photograph of the applicant in the form required by the regulator;

                     (c)  any other evidence of the applicant’s identity required by the regulator;

                     (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, 91A and 92 apply as if a reference in those regulations 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;

                   (ab)  the licence holder has failed to comply with a condition of the licence;

                     (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.

             (3)  If the regulator suspends a licence, the regulator may vary the conditions of the licence, including by imposing different or additional conditions.

             (4)  A variation of conditions under subregulation (3) takes effect when the suspension of the licence ends.

Note 1:       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).

Note 2:       A variation of licence conditions 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

             (1)  Before suspending or cancelling a high risk work licence, the regulator must give the licence holder a written notice of:

                     (a)  the proposed suspension or cancellation; and

                     (b)  any proposed disqualification; and

                     (c)  any proposed variation of licence conditions.

             (2)  A notice under subregulation (1) must:

                     (a)  outline all relevant allegations, facts and circumstances known to the regulator; and

                     (b)  advise 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, any proposed disqualification and any proposed variation of licence conditions.

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

                             (v)  if licence conditions are to be varied—the variation; and

                            (vi)  if licence conditions are to be varied—that the variation will take effect when the suspension ends; 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 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, in relation 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 and resuscitate 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 conducting 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 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—general qualifications

             (1)  A person must not carry out any type of general diving work unless the person holds a certificate for general diving work, issued by a training organisation, that demonstrates that the person has acquired the relevant competencies for that type of general diving work.

             (2)  This regulation does not apply in relation to incidental diving work or limited scientific diving work.

             (3)  In subregulation (1), relevant competencies means the competencies specified in Australian/New Zealand Standard AS/NZS 4005.2:2000 (Training and certification of recreational divers) or Australian/New Zealand Standard AS/NZS 2815 (Training and certification of occupational divers) that are relevant to the type of general diving work to which subregulation (1) applies.

Note:          See section 44 of the Act.

171A  Competence of worker—general diving work—additional knowledge and skill

             (1)  In addition to regulation 171, a person must not carry out general diving work unless the person has, through training, qualification or experience, acquired sound knowledge and skill in relation to the following:

                     (a)  the application of diving physics;

                     (b)  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;

                     (c)  the use of decompression tables or dive computers;

                     (d)  dive planning;

                     (e)  ways of communicating with another diver and with persons at the surface during general diving work;

                      (f)  how to safely carry out general diving work of the type proposed to be carried out;

                     (g)  diving physiology, emergency procedures and first aid.

Note:          See section 44 of the Act.

             (2)  This regulation does not apply in relation to incidental diving work or limited scientific diving work.

172  Competence of worker—incidental diving work

             (1)  A person must not carry out incidental diving work unless the person:

                     (a)  has the knowledge and skill referred to in regulation 171A; and

                     (b)  has relevant diving experience; and

                     (c)  is accompanied and supervised in the water by a person who has the competencies referred to in regulation 171.

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 regulation 171A; 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 regulation 171; 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 a 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