Chapter 1 Preliminary
Part 1.1 Introductory matters
1 Name
of Regulations
These Regulations are the Work Health and Safety Regulations 2011.
2 Commencement
(1) Subject to subregulation (2), these Regulations
commence on 1 January 2012.
(2) Regulation 164 commences on 1 January 2013.
Note A number of provisions of these
Regulations will commence on 1 January 2012, but will not immediately impose
duties on persons in particular circumstances. See the transitional provisions
in Chapter 12.
3 Authorising
provisions
These Regulations are made under:
(a) section 276 of the Work Health and Safety
Act 2011; and
(b) Schedule 3 to that Act; and
(c) the Work Health and Safety (Transitional
and Consequential Provisions) Act 2011.
5 Definitions
(1) In these Regulations:
abrasive
blasting means propelling a stream of abrasive material at high
speed against a surface using compressed air, liquid, steam, centrifugal wheels
or paddles to clean, abrade, etch or otherwise change the original appearance
or condition of the surface.
accredited assessor means:
(a) a person who is accredited under Part 4.5 to
conduct assessments; or
(b) the regulator.
Act
means
the Work Health and Safety Act 2011.
ADG
Code
means the Australian
Code for the Transport of Dangerous Goods by Road and Rail, 7th
edition, approved by the Australian Transport Council.
Note The ADG Code is accessible at http://www.ntc.gov.au.
administrative
control means a method of work, a process or a procedure
designed to minimise risk, but does not include:
(a) an engineering control; or
(b) the use of personal protective equipment.
airborne
contaminant means a contaminant in the form of a fume, mist,
gas, vapour or dust, and includes microorganisms.
amusement
device means plant operated for hire or reward that provides
entertainment, sightseeing or amusement through movement of the equipment, or
part of the equipment, or when passengers travel on, around or along the
equipment, but does not include:
(a) a miniature train and railway system owned
and operated by a model railway society, club or association; or
(b) a ride or device that is used as a form of
transport and that is, in relation to its use for that purpose, regulated under
an Act of the Commonwealth or a State; or
(c) a boat or flotation device:
(i) that is solely propelled by a
person who is in or on the boat or device; and
(ii) that is not attached to any
mechanical elements or equipment outside the boat or device, and that does not
rely on any artificial flow of water to move; or
(d) any plant specifically designed for a
sporting, professional stunt, theatrical or acrobatic purpose or activity; or
(e) a coin‑operated or token‑operated device
that:
(i) is intended to be ridden, at the
one time, by not more than 4 children who must be below the age of 10 years;
and
(ii) is usually located in a shopping
centre or similar public location; and
(iii) does not necessarily have an
operator.
appropriate training in underwater medicine
means training that results in knowledge of the matters specified in clause M3
of Appendix M to AS/NZS 2299.1:2007 (Occupational diving operations—Standard
operational practice).
article means a manufactured item, other
than a fluid or particle, that:
(a) is formed into a particular shape or design
during manufacture; and
(b) has hazard properties and a function that are
wholly or partly dependent on the shape or design.
asbestos means the asbestiform varieties of
mineral silicates belonging to the serpentine or amphibole groups of rock
forming minerals including the following:
(a) actinolite asbestos;
(b) grunerite (or amosite) asbestos (brown);
(c) anthophyllite asbestos;
(d) chrysotile asbestos (white);
(e) crocidolite asbestos (blue);
(f) tremolite asbestos;
(g) a mixture that contains one or more of the
minerals referred to in paragraphs (a) to (f).
asbestos containing material (ACM) means any
material or thing that, as part of its design, contains asbestos.
asbestos‑contaminated dust or debris (ACD) means
dust or debris that has settled within a workplace and is, or is assumed to be,
contaminated with asbestos.
asbestos management plan — see regulation 429
or 432.
asbestos register — see regulation 425.
asbestos‑related work means work involving asbestos
(other than asbestos removal work to which Part 8.7 applies) that is permitted under
the exceptions set out in regulations 419 (3), (4) and (5).
asbestos removal licence means a Class A asbestos
removal licence or a Class B asbestos removal licence.
asbestos removal work means:
(a) work involving the removal of asbestos or
ACM; or
(b) in Part 8.10 — Class A asbestos removal work
or Class B asbestos removal work.
asbestos removalist means a person conducting
a business or undertaking who carries out asbestos removal work.
asbestos waste means asbestos or ACM removed and
disposable items used during asbestos removal work including plastic sheeting
and disposable tools.
biological monitoring means:
(a) the measurement and evaluation of a substance,
or its metabolites, in the body tissue, fluids or exhaled air of a person
exposed to the substance; or
(b) blood lead level monitoring.
blood lead level means the concentration of
lead in whole blood expressed in micromoles per litre (μmol/L) or micrograms
per decilitre (μg/dL).
blood lead level monitoring means the testing
of the venous or capillary blood of a person by a laboratory accredited by
NATA, under the supervision of a registered medical practitioner, to determine
the blood lead level.
boiler means:
(a) a vessel, or an arrangement of vessels and
interconnecting parts, in which steam or vapour is generated or in which water
or other liquid is heated at a pressure above that of the atmosphere by the
application of fire, the products of combustion, electrical power or similar
high temperature means; and
(b) the superheaters, reheaters, economisers,
boiler piping, supports, mountings, valves, gauges, fittings, controls, boiler
setting and other equipment directly associated with those vessels;
but does not include:
(c) except in Schedules 3 and 4, a fully flooded
or pressurised system where water or another liquid is heated to a temperature
lower than the normal atmospheric boiling temperature of the liquid; or
(d) for the purposes of Parts 5.2 and 5.3 and in
Schedules 3 and 4, a boiler designed or manufactured to the following codes:
(i) AMBSC Part 1—Australian Miniature
Boiler Safety Committee Code for Copper Boilers;
(ii) AMBSC Part 2—Australian Miniature
Boiler Safety Committee Code for Steel Boilers; or
(e) in Schedule 3:
(i) a direct fired process heater; or
(ii) boilers with less than 5 square metres
heating surface or 150 kilowatt output; or
(iii) unattended boilers certified in compliance
with AS 2593:2004 (Boilers—Safety management and supervision systems).
boom‑type elevating work platform means a telescoping
device, hinged device, or articulated device, or any combination of these, used
to support a platform on which personnel, equipment and materials may be elevated.
bridge
crane means a crane that:
(a) consists of a bridge beam or beams, that are
mounted to end carriages at each end; and
(b) is capable of travelling along elevated runways;
and
(c) has one or more hoisting mechanisms arranged
to traverse across the bridge.
building maintenance equipment means a suspended
platform and associated equipment, including a building maintenance unit or a
swing stage, that incorporates permanently installed overhead supports to provide
access to the faces of a building for maintenance, but does not include a suspended
scaffold.
building
maintenance unit means a power operated suspended platform and
associated equipment on a building specifically designed to provide permanent
access to the faces of the building for maintenance.
bulk, in relation to a hazardous chemical,
means any quantity of a hazardous chemical that is:
(a) in a container with a capacity exceeding 500
litres or net mass of more than 500 kilograms; or
(b) if the hazardous chemical is a solid — an
undivided quantity exceeding 500 kilograms.
capacity,
of a container (in Chapter 7), means the internal volume of the container at a temperature
of 15 °C expressed in litres.
card
holder means the person to whom a general construction induction
training card is issued.
certificate
of medical fitness means a certificate of medical fitness that
complies with regulation 169.
certification,
in relation to a specified VET course, means:
(a) a statement of attainment issued by an RTO
stating that the person to whom it is issued has successfully completed the specified
VET course; or
(b) in the case of high risk work —a notice of
satisfactory assessment stating that the person to whom it is issued has successfully
completed the specified VET course; or
(c) an equivalent statement or notice issued by
a corresponding RTO.
certified
safety management system,
in Chapter 8, means a safety management system that complies with AS 4801:2001
(Occupational health and safety management systems), or an equivalent system
determined by the regulator.
chemical
identity means a name, in accordance with the nomenclature
systems of the International Union of Pure and Applied Chemistry or the
Chemical Abstracts Service, or a technical name, that gives a chemical a unique
identity.
class
means:
(a) in relation to high risk work, a class of
work specified in Schedule 3; and
(b) in relation to asbestos removal work, Class A
asbestos removal work or Class B asbestos removal work.
Class
A asbestos removal licence means a licence that authorises the
carrying out of Class A asbestos removal work and Class B asbestos removal work
by or on behalf of the licence holder.
Class
A asbestos removal work means work that is required to be
licensed under regulation 485.
Class B asbestos removal licence means a
licence that authorises the carrying out of Class B asbestos removal work by or
on behalf of the licence holder.
Class
B asbestos removal work means work that is required to be
licensed under regulation 487, but does not include Class A asbestos removal
work.
class
label means a pictogram described in the ADG Code for a class,
or division of a class, of dangerous goods.
clearance certificate—see regulation 474.
clearance inspection—see regulation 473.
combustible
liquid means a liquid, other than a flammable liquid, that has a
flash point, and a fire point less than its boiling point.
combustible
substance means a substance that is combustible, and includes
dust, fibres, fumes, mists or vapours produced by the substance.
Examples
Wood, paper, oil, iron filings.
Commission means the Safety Rehabilitation
and Compensation Commission established by section 89A of the Safety
Rehabilitation and Compensation Act 1989.
Commonwealth worker means a person who
carries out work, or is taken to carry out work, for a business or undertaking
conducted by:
(a) the Commonwealth; or
(b) a public authority; or
(c) a non‑Commonwealth licensee.
competency
assessment, in Part 4.5, means an assessment in relation to the
completion of a specified VET course to carry out a class of high risk work.
competent person means:
(a) for electrical work on energised electrical
equipment or energised electrical installations (other than testing referred to
in regulations 150 and 165):
(i) a person who is a competent person
in accordance with a corresponding WHS law; and
(ii) if there is no corresponding law
of a State that identifies a competent person — a person who is licensed
or permitted under a law of the State relating to electrical safety or
occupational licensing to perform electrical work; and
(iii) a member of the Defence Force who
has acquired through training, qualification or experience the knowledge and
skills to carry out the task; and
(b) for general diving work — see regulations
174 and 177; and
(c) for inspection and testing of mobile cranes
and tower cranes under regulation 235 — see regulation 235; and
(d) for inspection of amusement devices under
regulation 241 — see regulation 241; and
(e) for design verification under regulation 252 —
a person who has the skills, qualifications, competence and experience to
design the plant or verify the design; and
(f) for a clearance inspection under regulation
473 — a person who has acquired through training or experience the
knowledge and skills of relevant asbestos removal industry practice and holds:
(i) a certification in relation to the
specified VET course for asbestos assessor work; or
(ii) a tertiary qualification in
occupational health and safety, occupational hygiene, science, building,
construction or environmental health; and
(g) for any other case — a person who has
acquired through training, qualification or experience the knowledge and skills
to carry out the task.
concrete placement unit with delivery boom,
in Schedule 5, means plant that:
(a) is used to place concrete by pumping the
concrete through a pipeline attached to, or forming part of, the boom; and
(b) relies on gravity for stability, without the
need for a vertical restraining connection with the supporting surface or a
horizontal restraining connection (other than frictional forces at supporting
surface level) to aid stability.
concrete
placing boom means plant incorporating a knuckle boom, capable
of power operated slewing and luffing to place concrete by way of pumping
through a pipeline attached to, or forming part of, the boom of the plant.
confined
space means an enclosed or partially enclosed space that:
(a) is not designed or intended primarily to be
occupied by a person; and
(b) is, or is designed or intended to be, at
normal atmospheric pressure while any person is in the space; and
(c) is or is likely to be a risk to health and
safety from:
(i) an atmosphere that does not have a
safe oxygen level; or
(ii) contaminants, including airborne
gases, vapours and dusts, that may cause injury from fire or explosion; or
(iii) harmful concentrations of any
airborne contaminants; or
(iv) engulfment, but does not include a
mine shaft or the workings of a mine.
confined space entry permit means a confined
space entry permit issued under regulation 67.
construction project — see regulation
292.
construction
work — see regulation 289.
consumer
product means a thing that:
(a) is packed or repacked primarily for use by a
household consumer or for use in an office; and
(b) if the thing is packed or repacked primarily
for use by a household consumer — is packed in the way and quantity in
which it is intended to be used by a household consumer; and
(c) if the thing is packed or repacked primarily
for use in an office — is packed in the way and quantity in which it is
intended to be used for office work.
container,
in relation to a hazardous chemical, means anything in or by which a hazardous
chemical is, or has been, wholly or partly covered, enclosed or packed,
including anything necessary for the container to perform its function as a
container.
contaminant
means any substance that may be harmful to health or safety.
control
measure, in relation to a risk to health and safety, means a
measure to eliminate or minimise the risk.
conveyor
means equipment or apparatus operated by power other than manual
power and by which loads are raised, lowered or transported or capable of being
raised, lowered, transported, or continuously driven, by:
(a) an endless belt, rope or chain or other
similar means; or
(b) buckets, trays or other containers or fittings
moved by an endless belt, rope, chain or similar means; or
(c) a rotating screw; or
(d) a vibration or walking beam; or
(e) a powered roller conveyor if the rollers are
driven by an endless belt, rope or chain or other similar means;
and includes the superstructure, gear and auxiliary equipment used
in connection with that equipment or apparatus.
correct
classification means the set of hazard classes and hazard
categories assigned to a hazardous chemical when it is correctly classified.
Note Part 1 of Schedule 9 sets out when a
hazardous chemical is correctly classified.
crane
means an appliance intended for raising or lowering a load and
moving it horizontally including the supporting structure of the crane and its
foundations, but does not include any of the following:
(a) an industrial lift truck;
(b) earthmoving machinery;
(c) an amusement device;
(d) a tractor;
(e) an industrial robot;
(f) a conveyor;
(g) building maintenance equipment;
(h) a suspended scaffold;
(i) a lift.
current certificate of medical fitness means
a certificate of medical fitness that:
(a) was issued within the past 12 months; and
(b) has not expired or been revoked.
demolition
work means work to demolish or dismantle a structure, or part of
a structure that is loadbearing or otherwise related to the physical integrity
of the structure, but does not include:
(a) the dismantling of formwork, falsework, or
other structures designed or used to provide support, access or containment
during construction work; or
(b) the removal of power, light or
telecommunication poles.
derrick
crane means a slewing strut‑boom crane with its boom pivoted at
the base of a mast that is:
(a) guyed (guy‑derrick) or held by backstays
(stiff‑legged derrick); and
(b) capable of luffing under load.
designer,
in relation to plant, a substance or a structure, has the same meaning as it
has in section 22 of the Act.
determined major hazard facility means a
facility that has been determined under regulation 541 or 542 to be a major
hazard facility.
direct fired process heater means an
arrangement of one or more coils, located in the radiant zone or convection
zone, or both, of a combustion chamber, the primary purpose of which is to
raise the temperature of a process fluid circulated through the coils, to allow
distillation, fractionalism, reaction or other petrochemical processing of the
process fluid, whether that fluid is liquid or gas, or a combination of liquid
and gas.
dogging work means:
(a) the application of slinging techniques,
including the selection and inspection of lifting gear, to safely sling a load;
or
(b) the directing of a plant operator in the
movement of a load when the load is out of the operator’s view.
duty
holder, in Part 3.1, means a person referred to in regulation
32.
EANx,
in Part 4.8, means a mixture of oxygen and nitrogen in which the volume of
oxygen is at least 22%.
earthmoving machinery means operator
controlled plant used to excavate, load, transport, compact or spread earth,
overburden, rubble, spoil, aggregate or similar material, but does not include
a tractor or industrial lift truck.
electrical
equipment — see regulation 144 (and regulation 148 for
Division 3 of Part 4.7).
electrical
installation—see regulation 145 (and regulation 148 for Division
3 of Part 4.7).
electrical
risk means risk to a person of death, shock or other injury
caused directly or indirectly by electricity.
electrical
work — see regulation 146.
electricity
supply authority means:
(a) a person or body that is an electricity
supply authority under a corresponding WHS law; or
(b) if there is no corresponding law of a State
that identifies an electrical supply authority — a person or body
permitted or licensed under a law of a State regulating the electricity
industry to distribute, generate or transmit electricity.
emergency service organisation means:
(a) each of the following:
(i) a police force or service;
(ii) a fire service;
(iii) an ambulance service;
(iv) a coast guard service, rescue
service or emergency service; and
(b) the Defence Force when its members are
engaged in a civil emergency or disaster relief operation; and
(c) an organisation that is an emergency service
organisation in accordance with regulations made under a corresponding WHS law.
engineering
control means a control measure that is physical in nature,
including a mechanical device or process.
entry,
by a person into a confined space, means the person’s head or upper body is in
the confined space or within the boundary of the confined space.
essential
services means the supply of:
(a) gas, water, sewerage, telecommunications,
electricity and similar services; or
(b) chemicals, fuel and refrigerant in pipes or
lines.
excavation
means a trench, tunnel or shaft, but does not include:
(a) a mine; or
(b) a bore:
(i) to which a law, mentioned in the
definition of excavation in a corresponding WHS law, applies; or
(ii) if there is no law mentioned in
the definition of excavation in a corresponding WHS law — a
bore that is regulated under a law of a State; or
(c) a trench for use as a place of interment.
excavation work means work to:
(a) make an excavation; or
(b) fill or partly fill an excavation.
exposure
standard, except in Part 4.1, means an exposure standard in the
Workplace Exposure Standard for Airborne Contaminants.
exposure standard for noise — see
regulation 56.
external
review means an external review under Part 11.1.
extra‑low
voltage means voltage that does not exceed 50 volts alternating
current (50V AC) or 120 volts ripple‑free direct current (120V ripple‑free DC).
facility,
in Chapter 9, means a workplace at which Schedule 15 chemicals are present or
likely to be present.
fall
arrest system means plant or material designed to arrest a fall.
Example
An industrial safety net, a catch platform, a safety harness
system (other than a system that relies entirely on a restraint technique
system).
fault,
in relation to plant, means a break or defect that may cause the plant to
present a risk to health and safety.
female of reproductive capacity, in Part 7.2,
means a female other than a female who provides information stating that she is
not of reproductive capacity.
fire risk hazardous chemical means a
hazardous chemical that:
(a) is any of the following:
(i) a flammable gas;
(ii) a flammable liquid (hazard category
1 to 3);
(iii) a flammable solid;
(iv) a substance liable to spontaneous combustion;
(v) a substance which, in contact with water,
emits flammable gases;
(vi) an oxidizing substance;
(vii) an organic peroxide; and
(b) burns readily or supports combustion.
fitness
criteria, in relation to diving work, means the fitness criteria
specified in clause M4 of Appendix M to AS/NZS 2299.1:2007 (Occupational
diving operations—Standard operational practice).
flammable
gas has the same meaning as it has in the GHS.
flammable
liquid means a flammable liquid within the meaning of the GHS
that has a flash point of less than 93 °C.
forklift
truck, in Schedules 3 and 4, means a powered industrial truck
equipped with lifting media made up of a mast and an elevating load carriage to
which is attached a pair of fork arms or other arms that can be raised 900 mm
or more above the ground, but does not include a pedestrian‑operated truck or a
pallet truck.
friable
asbestos means material that:
(a) is in a powder form or that can be crumbled,
pulverised or reduced to a powder by hand pressure when dry; and
(b) contains asbestos.
gantry
crane means a crane that:
(a) consists of a bridge beam supported at each
end by legs mounted on end carriages; and
(b) is capable of travelling on supporting
surfaces or deck levels, whether fixed or not; and
(c) has a crab with one or more hoisting units
arranged to travel across the bridge.
gas
cylinder means a rigid vessel:
(a) that does not exceed 3 000 litres water
capacity and is without openings or integral attachments on the shell other
than at the ends; and
(b) that is designed for the storage and
transport of gas under pressure; and
(c) that is covered by AS 2030.1:2009 (Gas
cylinders—General requirements).
general construction induction training means
training delivered in Australia by an RTO for the specified VET course for
general construction induction training.
general construction induction training card
means:
(a) in Division 2 of Part 6.5 — a general
construction induction training card issued:
(i) under that Division; or
(ii) by an RTO under an agreement
between the regulator and an RTO or a corresponding regulator and an RTO; or
(b) in any other case — a general
construction induction training card issued:
(i) under Division 2 of Part 6.5 or
under a corresponding WHS law; or
(ii) by an RTO under an agreement
between the regulator and an RTO or a corresponding regulator and an RTO.
general construction induction training certification
means a certification for the completion of the specified VET course for general
construction induction training.
general
diving work means work carried out in or under water while
breathing compressed gas, and includes:
(a) incidental diving work; and
(b) limited scientific diving work;
but does not include high risk diving work.
genuine
research means systematic investigative or experimental
activities that are carried out for either acquiring new knowledge (whether or
not the knowledge will have a specific practical application) or creating new
or improved materials, products, devices, processes or services.
GHS
means the Globally Harmonised System of Classification and Labelling of
Chemicals, Third revised edition, published by the United Nations as modified
under Schedule 6.
Note The Schedule 6 tables replace some
tables in the GHS.
hazard
category means a division of criteria within a hazard class in
the GHS.
hazard
class means the nature of a physical, health or environmental
hazard under the GHS.
hazard
pictogram means a graphical composition, including a symbol plus
other graphical elements, that is assigned in the GHS to a hazard class or
hazard category.
hazard
statement means a statement assigned in the GHS to a hazard
class or hazard category describing the nature of the hazards of a hazardous
chemical including, if appropriate, the degree of hazard.
hazardous
area means a hazardous area under:
(a) AS/NZS 60079.10 (Electrical apparatus for
explosive gas atmospheres — Classification of hazardous areas); or
(b) AS/NZS 61241.10 (Electrical apparatus for use
in the presence of combustible dusts — Classification of areas where combustible
dusts may be present).
hazardous
chemical means a substance, mixture or article that satisfies
the criteria for a hazard class in the GHS (including a classification referred
to in Schedule 6), but does not include a substance, mixture or article that
satisfies the criteria solely for one of the following hazard classes:
(a) acute toxicity—oral — category 5;
(b) acute toxicity—dermal — category 5;
(c) acute toxicity—inhalation — category 5;
(d) skin corrosion/irritation — category 3;
(e) serious eye damage/eye irritation — category
2B;
(f) aspiration hazard — category 2;
(g) flammable gas — category 2;
(h) acute hazard to the aquatic environment —
category 1, 2 or 3;
(i) chronic hazard to the aquatic environment —
category 1, 2, 3 or 4;
(j) hazardous to the ozone layer.
Note The Schedule 6 tables replace some
tables in the GHS.
hazardous
manual task means a task that requires a person to lift, lower,
push, pull, carry or otherwise move, hold or restrain any person, animal or
thing that involves one or more of the following:
(a) repetitive or sustained force;
(b) high or sudden force;
(c) repetitive movement;
(d) sustained or awkward posture;
(e) exposure to vibration.
Examples
1 A task requiring a person to restrain
live animals.
2 A task requiring a person to lift or
move loads that are unstable or unbalanced or are difficult to grasp or hold.
3 A task requiring a person to sort
objects on a conveyor belt.
Hazchem
Code means a Hazchem Code under the ADG Code, also known as an
Emergency Action Code.
head
or upper body means the area of a person’s body at or above the
person’s shoulders.
health
monitoring, of a person, means monitoring the person to identify
changes in the person’s health status because of exposure to certain
substances.
heritage
boiler means a boiler that:
(a) was manufactured before 1952; and
(b) is used for a historical purpose or activity,
including an activity that is ancillary to a historical activity.
Examples
1 Historical activity: a
historical display, parade, demonstration or re‑enactment.
2 Activity ancillary to a historical
activity: restoring, maintaining, modifying, servicing, repairing or
housing a boiler used, or to be used, for a historical activity.
high risk construction work — see
regulation 291.
high
risk diving work means work:
(a) carried out in or under water or any other
liquid while breathing compressed gas; and
(b) involving one or more of the following:
(i) construction work;
Note 1 Subparagraph
(ii) includes some additional construction‑related activities.
Note 2 For
construction work generally, see Chapter 6. For the meaning of construction work,
see regulation 289.
(ii) work of the kind described in
paragraph 289 (3) (d);
(iii) inspection work carried out in order
to determine whether or not work described in subparagraph (i) or (ii) is necessary;
(iv) the recovery or salvage of a large structure
or large item of plant for commercial purposes;
but does not include minor work carried out in the sea or the
waters of a bay or inlet or a marina that involves cleaning, inspecting, maintaining
or searching for a vessel or mooring.
high
risk work means any work set out in Schedule 3 as being within
the scope of a high risk work licence.
high
risk work licence means any of the licences listed in Schedule
3.
hoist
means an appliance intended for raising or lowering a load or people, and
includes an elevating work platform, a mast climbing work platform, personnel
and materials hoist, scaffolding hoist and serial hoist, but does not include a
lift or building maintenance equipment.
ignition
source means a source of energy capable of igniting flammable or
combustible substances.
importer,
in relation to plant, a substance or a structure, has the same meaning as it
has in section 24 of the Act.
incidental
diving work means general diving work that:
(a) is incidental to the conduct of the business
or undertaking in which the diving work is carried out; and
Example
Acting underwater is incidental to the business or
undertaking of filming.
(b) involves limited diving; and
(c) is carried out while being accompanied and
supervised in the water by a person who has the qualifications or experience
specified in regulation 171.
independent,
in relation to clearance inspections and air monitoring under Chapter 8, means:
(a) not involved in the removal of the asbestos;
and
(b) not involved in a business or undertaking
involved in the removal of the asbestos;
in relation to which the inspection or monitoring is conducted.
industrial
lift truck means powered mobile plant, designed to move goods,
materials or equipment that is equipped with an elevating load carriage and is
in the normal course of use equipped with a load‑holding attachment, but does
not include a mobile crane or earthmoving machinery.
industrial
robot means plant that is a multifunctional manipulator and its
controllers, capable of handling materials, parts or tools, or specialised
devices, through variable programmed motions for the performance of a variety
of tasks.
in
situ asbestos means asbestos or ACM fixed or installed in a
structure, equipment or plant, but does not include naturally occurring
asbestos.
intermediate
bulk container (IBC) has the same meaning as IBC has in the ADG
Code.
internal
review means internal review under Part 11.1.
in
transit, in relation to a thing, means that the thing:
(a) is supplied to, or stored at, a workplace in
containers that are not opened at the workplace; and
(b) is not used at the workplace; and
(c) is kept at the workplace for not more than 5
consecutive days.
lead
means lead metal, lead alloys, inorganic lead compounds and lead
salts of organic acids.
lead
process — see regulation 392.
lead
process area means a workplace or part of a workplace where a
lead process is carried out.
lead risk work — see regulation 394.
licence
holder means:
(a) in the case of a high risk work licence —
the person who is licensed to carry out the work; or
(b) in the case of an asbestos assessor licence —
the person who is licensed:
(i) to carry out air monitoring during
Class A asbestos removal work; and
(ii) to carry out clearance inspections
of Class A asbestos removal work; and
(iii) to issue clearance certificates in
relation to Class A asbestos removal work; or
(c) in the case of an asbestos removal licence —
the person conducting the business or undertaking to whom the licence is granted;
or
(d) in the case of a major hazard facility
licence—the operator of the major hazard facility to whom the licence is granted
or transferred.
licensed asbestos assessor means a person who
holds an asbestos assessor licence.
licensed
asbestos removalist means a person conducting a business or
undertaking who is licensed under these Regulations to carry out Class A
asbestos removal work or Class B asbestos removal work.
licensed
asbestos removal work means asbestos removal work
for which a Class A asbestos removal licence or Class B asbestos removal
licence is required.
licensed
major hazard facility means a major hazard facility that is
licensed under Part 9.7.
lift
means plant that is, or is intended to be, permanently installed in or attached
to a structure, in which people, goods or materials may be raised or lowered
within a car or cage, or on a platform and the movement of which is restricted
by a guide or guides, and includes:
(a) a chairlift, escalator, moving walkway and
stairway lift; and
(b) any supporting structure, machinery,
equipment, gear, lift well, enclosures and entrances.
limited
diving means diving that does not involve any of the following:
(a) diving to a depth below 30 metres;
(b) the need for a decompression stop;
(c) the use of mechanical lifting equipment or a
buoyancy lifting device;
(d) diving beneath anything that would require
the diver to move sideways before being able to ascend;
(e) the use of plant that is powered from the
surface;
(f) diving for more than 28 days during a period
of 6 months.
limited scientific diving work means general
diving work that:
(a) is carried out for the purpose of
professional scientific research, natural resource management or scientific
research as an educational activity; and
(b) involves only limited diving.
local
authority, in relation to a facility, means the local authority
for the local authority area in which the facility and the surrounding area are
located.
local
community, in relation to a major hazard facility, means the
community in the surrounding area.
lower explosive limit (LEL), in relation to a
flammable gas, vapour or mist, means the concentration of the gas, vapour or
mist in air below which the propagation of a flame does not occur on contact
with an ignition source.
maintain,
in relation to plant or a structure in Chapter 5, includes repair or servicing
of plant or a structure.
major
hazard facility means a facility:
(a) at which Schedule 15 chemicals are present
or likely to be present in a quantity that exceeds their threshold quantity; or
(b) that is determined by the regulator under
Part 9.2 to be a major hazard facility.
major hazard facility licence means a licence
granted under Part 9.7 in relation to a major hazard facility.
major
incident — see regulation 531.
major
incident hazard means a hazard that could cause, or contribute
to causing, a major incident.
manifest
means a written summary of the hazardous chemicals used, handled or stored at a
workplace.
Note See Schedule 12 (Manifest
requirements) for what a manifest must contain.
manifest
quantity, in relation to a Schedule 11 hazardous chemical, means
the manifest quantity referred to in Schedule 11, table 11.1, column 5 for
that hazardous chemical.
manufacturer,
in relation to plant, a substance or a structure, has the same meaning as it
has in section 23 of the Act.
mast
climbing work platform means a hoist with a working platform
used for temporary purposes to raise personnel and materials to the working
position by means of a drive system mounted on an extendable mast that may be
tied to a structure.
materials
hoist means a hoist that:
(a) consists of a car, bucket or platform
cantilevered from, and travelling up and down outside, a face of the support of
a structure; and
(b) is used for hoisting things and substances
but not persons.
membrane filter method means
the membrane filter method described in the Guidance Note on the Membrane
Filter Method for Estimating Airborne Asbestos Fibres [NOHSC:3003 (2005)].
mixture
in Part 7.1, means a combination of, or a solution composed of, 2 or more
substances that do not react with each other.
mobile
crane means a crane capable of travelling over a supporting
surface without the need for fixed runways and relying only on gravity for
stability.
modification,
in relation to a facility — see regulation 534.
musculoskeletal
disorder means an injury to, or disease of, the musculoskeletal
system, whether occurring suddenly or over time, but does not include an injury
caused by crushing, entrapment or cutting resulting principally from the
mechanical operation of plant.
NATA
means the National Association of Testing Authorities, Australia.
NATA‑accredited
laboratory means a testing laboratory accredited by NATA, or recognised
by NATA either solely or with someone else.
naturally
occurring asbestos means the natural geological occurrence of
asbestos minerals found in association with geological deposits including rock,
sediment or soil.
non‑friable
asbestos means material containing asbestos that is not friable
asbestos, including material containing asbestos fibres reinforced with a
bonding compound.
Note Non‑friable asbestos may become
friable asbestos through deterioration (see definition of friable asbestos).
non‑slewing mobile crane means a mobile
crane incorporating a boom or jib that cannot be slewed, and includes:
(a) an articulated mobile crane; or
(b) a locomotive crane;
but does not include vehicle tow trucks.
notice of satisfactory assessment means a
notice stating that the person to whom it is issued has successfully completed
a specified VET course.
OHS
Act means
the Occupational Health and Safety Act 1991.
OHS
Regulations means
the Occupational Health and Safety (Safety Standards) Regulations 1994.
operator, in relation to a
facility or a proposed facility — see regulation 533.
operator
protective device, includes a roll‑over protective structure,
falling object protective structure, operator restraining device and seat belt.
order‑picking
forklift truck, in Schedules 3 and 4, means a forklift truck
where the operator’s controls are incorporated with the lifting media and
elevate with the lifting media.
packaged
hazardous chemicals means Schedule 11 hazardous chemicals in a
container with:
(a) a capacity not exceeding 500 litres; or
(b) a net mass not exceeding 500 kilograms.
person with management or control of plant at a
workplace has the same meaning as it has in section 21 of the Act.
person
with management or control of a workplace has the same meaning
as it has in section 20 of the Act.
personal
protective equipment means anything used or worn by a person to
minimise risk to the person’s health and safety, including air supplied
respiratory equipment.
personnel
and materials hoist means a hoist:
(a) that is a cantilever hoist, a tower hoist or
several winches configured to operate as a hoist; and
(b) that is intended to carry goods, materials or
people.
pipeline
means pipe work that crosses a boundary of a workplace,
beginning or ending at the nearest fluid or slurry control point (along the
axis of the pipeline) to the boundary.
pipe
work means a pipe or assembly of pipes, pipe fittings, valves
and pipe accessories used to convey a hazardous chemical.
placard
means a sign or notice:
(a) displayed or intended for display in a
prominent place, or next to a container or storage area for hazardous chemicals
at a workplace; and
(b) that contains information about the hazardous
chemical stored in the container or storage area.
placard
quantity, in relation to a Schedule 11 hazardous chemical, means
the placard quantity referred to in Schedule 11, table 11.1, column 4 for
the Schedule 11 hazardous chemical.
plant,
in Parts 5.2 and 5.3, includes a structure.
portal
boom crane means a boom crane or a jib crane that is mounted on
a portal frame that, in turn, is supported on runways along which the crane
travels.
powered
mobile plant means plant that is provided with some form of self‑propulsion
that is ordinarily under the direct control of an operator.
precautionary
statement means a phrase prescribed by the GHS that describes
measures that are recommended to be taken to prevent or minimise:
(a) the adverse effects of exposure to a
hazardous chemical; or
(b) improper handling of a hazardous chemical.
presence‑sensing safeguarding system
includes:
(a) a sensing system that uses one or more forms
of radiation either self‑generated or otherwise generated by pressure; and
(b) the interface between the final switching
devices of the sensing system and the machine primary control elements; and
(c) the machine stopping capabilities, by which
the presence of a person or part of a person within the sensing field will
cause the dangerous parts of a machine to be brought to a safe state.
pressure
equipment means boilers, pressure vessels and pressure piping.
pressure
piping:
(a) means an assembly of pipes, pipe fittings,
valves and pipe accessories subject to internal or external pressure and used
to contain or convey liquid or to transmit liquid pressure; and
(b) includes distribution headers, bolting,
gaskets, pipe supports and pressure containing accessories; and
(c) does not include a boiler or pressure
vessel; and
(d) does not include:
(i) any piping that is regulated under
a law, mentioned in the definition of pressure piping in
regulations made under a corresponding WHS law; or
(ii) if there is no law mention in the
definition of pressure piping in a corresponding WHS law —
piping that is regulated by a law of a State and used for the transmission or
distribution of water, gas or oil or other fluid.
pressure vessel:
(a) means a vessel subject to internal or external
pressure; and
(b) includes:
(i) interconnected parts and
components, valves, gauges and other fittings up to the first point of
connection to connecting piping; and
(ii) fired heaters; and
(iii) gas cylinders; but
(c) does not include a boiler or pressure
.piping.
primary emergency services organisation means
an organisation that is a primary emergency services organisation in accordance
with regulations made under a corresponding WHS law.
principal
contractor, in relation to a construction project — see
regulation 293.
product
identifier means the name or number used to identify a product
on a label or in a safety data sheet.
prohibited
carcinogen means a substance:
(a) listed in Schedule 10, table 10.1, column 2;
and
(b) present in a concentration of:
(i) for a solid or liquid — 0.1% or
more, determined as a weight/weight (w/w) concentration; and
(ii) for a gas — 0.1% or more, determined
as a volume/volume (v/v) concentration.
proposed facility means:
(a) an existing workplace that is to become a
facility due to the introduction of Schedule 15 chemicals; or
(b) a facility that is being designed or constructed.
proposed major hazard facility means:
(a) an existing facility or other workplace that
is to become a major hazard facility due to the introduction of Schedule 15
chemicals or the addition of further Schedule 15 chemicals; or
(b) a major hazard facility that is being
designed or constructed.
quantity,
in Chapter 7, means:
(a) for a hazardous chemical that is not a
liquid or a gas or a gas under pressure and is in a container or storage or
handling system — the mass in kilograms of the hazardous chemical in the
container or storage or handling system; and
(b) for a hazardous chemical that is a liquid and
is not a gas under pressure and is in a container or storage or handling system —
the net capacity in litres of the container or storage or handling system; and
(c) for a hazardous chemical that is a gas or
gas under pressure in a container or storage or handling system — the
water capacity in litres of the container or storage or handling system; and
(d) for a hazardous chemical that is not a liquid
and is in bulk and not in a container — the undivided mass in kilograms;
and
(e) for a hazardous chemical that is a thing and
is not a gas — the net capacity of the part of the thing that comprises a
hazardous chemical.
reach
stacker means a powered reach stacker that incorporates an
attachment for lifting and lowering a shipping container.
reciprocating
steam engine means equipment that is driven by steam acting on a
piston causing the piston to move, and includes an expanding (steam)
reciprocating engine.
registered
medical practitioner means a person registered under the Health
Practitioner Regulation National Law to practise in the medical profession
(other than as a student).
registered
training organisation (RTO) means a training organisation listed
as a registered training organisation on the National Register established
under the National
Vocational Education and Training Regulator Act 2011.
relevant
fee, in relation to a matter, means the fee specified in
Schedule 2 for that matter.
research
chemical means a substance or mixture that:
(a) is manufactured in a laboratory for genuine
research; and
(b) is not for use or supply for a purpose other
than genuine research or analysis.
respirable asbestos fibre means an asbestos
fibre that:
(a) is less than 3 micrometres wide; and
(b) more than 5 micrometres long; and
(c) has a length to width ratio of more than
3:1.
restricted carcinogen means a substance:
(a) listed in Schedule 10, table 10.2, column 2
for a use listed in column 3; and
(b) present in a concentration of:
(i) for a solid or liquid — 0.1%
or more, determined as a weight/weight (w/w) concentration; and
(ii) for a gas — 0.1% or more,
determined as a volume/volume (v/v) concentration.
retailer
means a person whose principal business is supplying consumer
products to members of the public who are not engaged in the further supply of
those products.
rigging
work means:
(a) the use of mechanical load shifting
equipment and associated gear to move, place or secure a load using plant,
equipment or members of a structure to ensure the stability of those members;
or
(b) the setting up or dismantling of cranes or
hoists.
safe
oxygen level means a minimum oxygen content in air of 19.5% by
volume under normal atmospheric pressure and a maximum oxygen content of air of
23.5% by volume under normal atmospheric pressure.
Safe
Work Australia means Safe Work Australia as established under
section 5 of the Safe
Work Australia Act 2008.
safe
work method statement means:
(a) in relation to electrical work on energised
electrical equipment — a safe work method statement prepared under
regulation 161; or
(b) in relation to high risk construction work —
a safe work method statement referred to in regulation 299 (as revised under
regulation 302).
safety
data sheet means a safety data sheet prepared under regulation
330 or 331.
scaffold
means a temporary structure specifically erected to support access or working
platforms.
scaffolding
work means erecting, altering or dismantling a temporary
structure that is or has been erected to support a platform and from which a
person or object could fall more than 4 metres from the platform or the
structure.
Schedule
11 hazardous chemical means a hazardous chemical or combination
of hazardous chemicals specified in Schedule 11, table 11.1.
Schedule
15 chemical means a hazardous chemical that:
(a) is specified in Schedule 15, table 15.1; or
(b) belongs to a class, type or category of
hazardous chemicals specified in Schedule 15, table 15.2.
self‑erecting tower crane means a crane:
(a) that is not disassembled into a tower
element and a boom or jib element in the normal course of use; and
(b) where the erection and dismantling processes
are an inherent part of the crane’s function.
shaft
means a vertical or inclined way or opening, from the surface
downwards or from any underground working, the dimensions of which (apart from
the perimeter) are less than its depth.
signal
word means the word ‘danger’ or ‘warning’ used on a label to
indicate to a label reader the relative severity level of a hazard, and to
alert the reader to a potential hazard, under the GHS.
slewing
mobile crane means a mobile crane incorporating a boom or jib
that can be slewed, but does not include:
(a) a front‑end loader; or
(b) a backhoe; or
(c) an excavator; or
(d) other earth moving equipment;
when configured for crane operation.
slinging
techniques means the exercising of judgement in relation to the
suitability and condition of lifting gear and the method of slinging, by
consideration of the nature of the load, its mass and its centre of gravity.
specified VET course means:
(a) in relation to general construction
induction training — the VET course Work Safely in the Construction
Industry or a corresponding subsequent VET accredited course; or
(b) in relation to Class A asbestos removal work —
the following VET courses:
(i) Remove non friable asbestos;
(ii) Remove friable asbestos; or
(c) in relation to Class B asbestos removal work —
the VET course Remove non friable asbestos; or
(d) in relation to the supervision of asbestos
removal work — the VET course Supervise asbestos removal; or
(e) in relation to asbestos assessor work —
the VET course Conduct asbestos assessment associated with removal.
structure,
in Chapter 6 — see regulation 290.
substance,
in Part 7.1, means a chemical element or compound in its natural state or
obtained or generated by a process:
(a) including any additive necessary to preserve
the stability of the element or compound and any impurities deriving from the
process; but
(b) excluding any solvent that may be separated
without affecting the stability of the element or compound, or changing its
composition.
supplier,
in relation to plant, a substance or a structure, has the same meaning as it
has in section 25 of the Act.
surrounding
area, in relation to a facility, means the area surrounding the
facility in which the health and safety of persons could potentially be
adversely affected by a major incident occurring.
suspended scaffold means a scaffold
incorporating a suspended platform that is capable of being raised or lowered
when in use.
technical
name, in the definition of chemical
identity, means a name that is:
(a) ordinarily used in commerce, regulations and
codes to identify a substance or mixture, other than an International Union of
Pure and Applied Chemistry or Chemical Abstracts Service name; and
(b) recognised by the scientific community.
temporary work platform means:
(a) a fixed, mobile or suspended scaffold; or
(b) an elevating work platform; or
(c) a mast climbing work platform; or
(d) a work box supported by a crane, hoist,
forklift truck or other form of mechanical plant; or
(e) building maintenance equipment, including a
building maintenance unit; or
(f) a portable or mobile fabricated platform; or
(g) any other temporary platform that:
(i) provides a working area; and
(ii) is designed to prevent a fall.
theatrical
performance means acting, singing, playing a musical instrument,
dancing or otherwise performing literary or artistic works or expressions of
traditional custom or folklore.
threshold
quantity, in relation to a Schedule 15 chemical, means:
(a) the threshold quantity of a specific
hazardous chemical as determined under clause 3 of Schedule 15; or
(b) the aggregate threshold quantity of 2 or more
hazardous chemicals as determined under clause 4 of Schedule 15.
tower crane means:
(a) a boom crane or a jib crane mounted on a
tower structure; and
(b) in Schedule 3:
(i) the crane, if a jib crane, may be
a horizontal or luffing jib type; and
(ii) the tower structure may be
demountable or permanent;
but, in Schedule 3, does not include a self‑erecting tower crane.
tractor
means a motor vehicle, whether wheeled or track mounted,
designed to provide power and movement to any attached machine or implement by
a transmission shaft, belt or linkage system but does not include earthmoving
machinery.
trench
means a horizontal or inclined way or opening:
(a) the length of which is greater than its
width and greater than or equal to its depth; and
(b) that commences at and extends below the
surface of the ground; and
(c) that is open to the surface along its
length.
tunnel
means an underground passage or opening that:
(a) is approximately horizontal; and
(b) commences at the surface of the ground or at
an excavation.
turbine
means equipment that is driven by steam acting on a turbine or
rotor to cause a rotary motion.
UN
number has the same meaning as it has in Attachment 2 of the ADG
Code.
vehicle
hoist means a device to hoist vehicles designed to provide
access for under‑chassis examination or service.
vehicle
loading crane means a crane mounted on a vehicle for the purpose
of loading and unloading the vehicle.
VET
course has the same meaning as it has in the National Vocational
Education and Training Regulator Act 2011.
WHS
management plan, in relation to a construction project, means a
management plan prepared or revised under Part 6.4.
work
box means a personnel carrying device, designed to be suspended
from a crane, to provide a working area for a person elevated by and working
from the device.
work
positioning system means any plant or structure, other than a
temporary work platform, that enables a person to be positioned and safely
supported at a location for the duration of the relevant work being carried
out.
(2) Unless the context otherwise requires:
(a) a reference in these Regulations to a
Chapter by a number must be construed as reference to the Chapter, designated
by that number, of these Regulations; and
(b) a reference in these Regulations to a Part by
a number must be construed as reference to the Part, designated by that number,
of these Regulations.
6 Determination
of safety management system
The regulator may make a determination for the
purposes of the definition of certified
safety management system.
6A Meaning
of corresponding WHS law
For paragraph (i) of
the definition of corresponding WHS law in section 4 of the Act,
the laws set out in the table are prescribed.
|
Item
|
Law
|
|
New South Wales
|
|
1
|
Regulations made under the Work
Health and Safety Act 2011
|
|
2
|
Occupational Health and
Safety Act 2000
|
|
3
|
An instrument made under the Occupational
Health and Safety Act 2000
|
|
4
|
Any other law relating to occupational
health and safety matters
|
|
Victoria
|
|
5
|
Regulations made under the Work
Health and Safety Act 2011
|
|
6
|
Occupational Health and
Safety Act 1985
|
|
7
|
An instrument made under the Occupational
Health and Safety Act 1985
|
|
8
|
Occupational Health and
Safety Act 2004
|
|
9
|
An instrument made under the Occupational
Health and Safety Act 2004
|
|
10
|
Any other law relating to occupational
health and safety matters
|
|
Queensland
|
|
11
|
Regulations made under the Work
Health and Safety Act 2011
|
|
12
|
Workplace Health and
Safety Act 1995
|
|
13
|
An instrument made under the Workplace
Health and Safety Act 1995
|
|
14
|
Any other law relating to occupational
health and safety matters
|
|
Western Australia
|
|
15
|
Regulations made under the Work
Health and Safety Act 2011
|
|
16
|
Occupational Safety and
Health Act 1984
|
|
17
|
An instrument made under the Occupational
Safety and Health Act 1984
|
|
18
|
Industrial Relations Act
1979
|
|
19
|
An instrument made under the Industrial
Relations Act 1979
|
|
20
|
Any other law relating to occupational
health and safety matters
|
|
South Australia
|
|
21
|
Regulations made under the Work
Health and Safety Act 2011
|
|
22
|
Occupational Health,
Safety and Welfare Act 1986
|
|
23
|
An instrument made under the
Occupational Health, Safety and Welfare Act 1986
|
|
24
|
Any other law relating to occupational
health and safety matters
|
|
Tasmania
|
|
25
|
Regulations made under the Work
Health and Safety Act 2011
|
|
26
|
Workplace Health and
Safety Act 1995
|
|
27
|
An instrument made under the Workplace
Health and Safety Act 1995
|
|
28
|
Any other law relating to occupational
health and safety matters
|
|
Australian Capital Territory
|
|
29
|
Regulations made under the Work
Health and Safety Act 2011
|
|
30
|
Work Safety Act 2008
|
|
31
|
An instrument made under the Work
Safety Act 2008
|
|
32
|
Any other law relating to occupational
health and safety matters
|
|
Northern Territory
|
|
33
|
Regulations made under the Work
Health and Safety (National Uniform Legislation) Act 2011
|
|
34
|
Workplace Health and
Safety Act
|
|
35
|
An instrument made under the Workplace
Health and Safety Act
|
|
36
|
Any other law relating to occupational
health and safety matters
|
6B Meaning
of court
For paragraph (d) of
the definition of court in section 4 of the Act, the courts of a
State set out in the table are prescribed.
|
Item
|
Court
|
|
1
|
A district court
|
|
2
|
A local court
|
|
3
|
A magistrates court
|
|
4
|
The Industrial Relations Court of South Australia
|
6C Meaning
of public authority
For paragraph (c) of
the definition of public authority in section 4 of the Act, the bodies
corporate set out in the table are prescribed.
|
Item
|
Body corporate
|
|
1
|
ASC Engineering Pty Ltd
|
|
2
|
ASC Modules Pty Ltd
|
|
3
|
ASC Shipbuilding Pty Ltd
|
|
4
|
ASC AWD Shipbuilder Pty Ltd
|
|
5
|
Deep Blue Tech Pty Ltd
|
|
6
|
Australian Health Management Group Pty Ltd
|
|
7
|
The Travel Doctor TVMC Pty Ltd
|
|
8
|
Work Solutions Australia Pty Ltd
|
|
9
|
Medibank Health Solutions Pty Limited
|
|
10
|
Medibank Health Solutions Telehealth Pty Limited
|
|
11
|
Fitness2live Pty Limited
|
|
12
|
WLAN Services Pty Ltd
|
|
13
|
SBS Subscription TV Ltd
|
|
14
|
National Gallery of Australia Foundation
|
|
15
|
Geospend Pty Ltd
|
|
16
|
Post Fulfilment Online Pty Ltd
|
|
17
|
Decipha Pty Ltd
|
|
18
|
SecurePay Pty Ltd
|
|
19
|
Australia Post Transaction Services Pty Ltd
|
|
20
|
Note Printing Australia Limited
|
7 Meaning
of person conducting a business or undertaking — persons excluded
(1) For subsection 5 (6) of the Act, a strata title
body corporate that is responsible for any common areas used only for
residential purposes may be taken not to be a person conducting a business or
undertaking in relation to those premises.
(2) Subregulation (1) does not apply if the strata title
body corporate engages any worker as an employee.
(3) For subsection 5 (6) of the Act, an
incorporated association may be taken not to be a person conducting a business
or undertaking if the incorporated association consists of a group of
volunteers working together for one or more community purposes where:
(a) the incorporated association, either alone
or jointly with any other similar incorporated association, does not employ any
person to carry out work for the incorporated association; and
(b) none of the volunteers, whether alone or
jointly with any other volunteers, employs any person to carry out work for the
incorporated association.
(4) In this regulation:
strata
title body corporate means an body that is a strata title body
corporate in accordance with regulations made under a corresponding WHS law.
8 Meaning
of supply
For paragraph 6 (3) (b) of the Act, a
supply of a thing does not include the supply of a thing by a person who does
not control the supply and has no authority to make decisions about the supply.
Examples
1 An auctioneer who auctions a thing
without having possession of the thing.
2 A real estate agent acting in his or
her capacity as a real estate agent.
9 Provisions
linked to health and safety duties in Act
If a note at the foot of a provision of these Regulations
states ‘WHS Act’, followed by a reference to a section number, the regulation provision
sets out the way in which a person’s duty or obligation under that section of
the Act is to be performed in relation to the matters and to the extent set out
in the regulation provision.
Note A failure to comply with a duty or
obligation under a section of the Act referred to in a ‘WHS Act’ note is an
offence to which a penalty applies.
Part 1.2 Application
Note In some jurisdictions, Schedule 1 of
the corresponding WHS law applies that law to work health and safety issues
arising from the storage and handling of dangerous goods and the operation or
use of high risk plant. This is not the case under the Commonwealth Act, and
these Regulations do not include the regulation 10 which appears in regulations
made under those corresponding WHS laws.
11 Application
of these Regulations
A duty imposed on a person under a provision of these
Regulations in relation to health and safety does not limit or affect any duty
the person has under the Act or, unless otherwise expressly provided, any other
provision of these Regulations.
12 Assessment
of risk in relation to a class of hazards, tasks, circumstances or things
If these Regulations require an assessment of
risks to health and safety associated with a hazard, task, thing or
circumstance, an assessment of risks associated with a class of hazards, tasks,
things or circumstances may be conducted if:
(a) all hazards, tasks, things or circumstances
in the class are the same; and
(b) the assessment of risks for the class does
not result in any worker or other person being exposed to a greater, additional
or different risk to health and safety than if the risk assessment were carried
out in relation to each individual hazard, task, thing or circumstance.
Part 1.3 Incorporated
documents
13 Documents incorporated
as in force when incorporated
A reference to any document applied, adopted or incorporated
by, or referred to in, these Regulations is to be read as a reference to that document
as in force at the time the document is applied, adopted, incorporated or
referred to unless express provision is made to the contrary.
14 Inconsistencies
between provisions
If a provision of any document applied, adopted or incorporated
by, or referred to in, these Regulations is inconsistent with any provision in these
Regulations, the provision of these Regulations prevails.
15 References
to standards
(1) In these Regulations, a reference consisting of the
words ‘Australian Standard’ or the letters ‘AS’ followed in either case by a
number or a number accompanied by a reference to a calendar year is a reference
to the standard so numbered published by or on behalf of Standards Australia.
(2) In these Regulations, a reference consisting of the expression
‘Australian/New Zealand Standard’ or ‘AS/NZS’ followed in either case by a
number or a number accompanied by a reference to a calendar year is a reference
to the standard so numbered published jointly by or on behalf of Standards
Australia and the Standards Council of New Zealand.
Chapter 2 Representation and participation
Part 2.1 Representation
Division 1 Work groups
16 Negotiations
for and determination of work groups
Negotiations for and determination of work groups
and variations of work groups must be directed at ensuring that the workers are
grouped in a way that:
(a) most effectively and conveniently enables
the interests of the workers, in relation to work health and safety, to be
represented; and
(b) has regard to the need for a health and
safety representative for the work group to be readily accessible to each
worker in the work group.
Note Under the Act, a work group may be
determined for workers at more than one workplace (subsection 51 (3)) or
for workers carrying out work for 2 or more persons conducting businesses or
undertakings at one or more workplaces (Subdivision 3 of Division 3 of Part 5
of the Act).
17 Matters
to be taken into account in negotiations
For the purposes of subsections 52 (6) and 56 (4)
of the Act, negotiations for and determination of work groups and variation of agreements
concerning work groups must take into account all relevant matters including
the following:
(a) the number of workers;
(b) the views of workers in relation to the
determination and variation of work groups;
(c) the nature of each type of work carried out
by the workers;
(d) the number and grouping of workers who carry
out the same or similar types of work;
(e) the areas or places where each type of work
is carried out;
(f) the extent to which any worker must move
from place to place while at work;
(g) the diversity of workers and their work;
(h) the nature of any hazards at the workplace or
workplaces;
(i) the nature of any risks to health and safety
at the workplace or workplaces;
(j) the nature of the engagement of each worker,
for example as an employee or as a contractor;
(k) the pattern of work carried out by workers,
for example whether the work is full‑time, part‑time, casual or short‑term;
(l) the times at which work is carried out;
(m) any arrangements at the workplace or
workplaces relating to overtime or shift work.
Division 2 Health and safety representatives
18 Procedures
for election of health and safety representatives
(1) This regulation sets out minimum procedural
requirements for the election of a health and safety representative for a work
group for the purposes of subsection 61 (2) of the Act.
(2) The person conducting the election must take all
reasonable steps to ensure that the following procedures are complied with:
(a) each person conducting a business or
undertaking in which a worker in the work group works is informed of the date
on which the election is to be held as soon as practicable after the date is
determined;
(b) all workers in the work group are given an
opportunity to:
(i) nominate for the position of
health and safety representative; and
(ii) vote in the election;
(c) all workers in the work group and all
relevant persons conducting a business or undertaking are informed of the
outcome of the election.
19 Person
conducting business or undertaking must not delay election
A person conducting a business or undertaking at a
workplace must not unreasonably delay the election of a health and safety
representative.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
20 Removal
of health and safety representatives
(1) For paragraph 64 (2) (d) of the Act, the
majority of the members of a work group may remove a health and safety
representative for the work group if the members sign a written declaration
that the health and safety representative should no longer represent the work group.
(2) A member of the work group nominated by the members
who signed the declaration must, as soon as practicable:
(a) inform the following persons of the removal
of the health and safety representative:
(i) the health and safety
representative who has been removed;
(ii) each person conducting a business
or undertaking in which a worker in the work group works; and
(b) take all reasonable steps to inform all members
of the work group of the removal.
(3) The removal of the health and safety representative
takes effect when the persons referred to in paragraph (2) (a) and the
majority of members of the work group have been informed of the removal.
21 Training
for health and safety representatives
(1) For subsection 72 (1) of the Act, a health and
safety representative is entitled to attend the following courses of training
in work health and safety:
(a) an initial course of training of 5 days;
(b) one day’s refresher training each year, with the
entitlement to the first refresher training commencing 1 year after the initial
training.
(2) In approving a course of training in work health and
safety for subsection 72 (1) of the Act, the regulator may have regard to
all relevant matters including:
(a) the content and quality of the curriculum, including
its relevance to the powers and functions of a health and safety representative;
(b) the qualifications, knowledge and experience
of the person who is to provide the course.
Note 1 This regulation prescribes
courses of training to which a health and safety representative is entitled. In
addition to these courses, the health and safety representative and the person
conducting the business or undertaking may agree that the representative will
attend or receive further training.
Note 2 Under section 33 of the Acts
Interpretation Act 1901, the power to approve a course of training includes a
power to revoke or vary the approval.
Part 2.2 Issue
Resolution
22 Agreed procedure —
minimum requirements
(1) This regulation sets out minimum requirements for an
agreed procedure for issue resolution at a workplace.
(2) The agreed procedure for issue resolution at a
workplace must include the steps set out in regulation 23.
(3) A person conducting a business or undertaking at a
workplace must ensure that the agreed procedure for issue resolution at the
workplace:
(a) complies with subregulation (2); and
(b) is set out in writing; and
(c) is communicated to all workers to whom the
agreed procedure applies.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
23 Default
procedure
(1) This regulation sets out the default procedure for issue
resolution for the purposes of subsection 81 (2) of the Act.
(2) Any party to the issue may commence the procedure
by telling each other party:
(a) that there is an issue to be resolved; and
(b) the nature and scope of the issue.
(3) As soon as parties are told of the issue, all
parties must meet or communicate with each other to attempt to resolve the
issue.
(4) The parties must have regard to all relevant matters,
including the following:
(a) the degree and immediacy of risk to workers or
other persons affected by the issue;
(b) the number and location of workers and other
persons affected by the issue;
(c) the measures (both temporary and permanent)
that must be implemented to resolve the issue;
(d) who will be responsible for implementing the
resolution measures.
(5) A party may, in resolving the issue, be assisted or represented
by a person nominated by the party.
(6) If the issue is resolved, details of the issue and
its resolution must be set out in a written agreement if any party to the issue
requests this.
Note Under the Act, parties to
an issue include not only a person conducting a business or undertaking, a
worker and a health and safety representative, but also representatives of
these persons (see section 80 of the Act).
(7) If a written agreement is prepared all parties to
the issue must be satisfied that the agreement reflects the resolution of the
issue.
(8) A copy of the written agreement must be given to:
(a) all parties to the issue; and
(b) if requested, to the health and safety committee
for the workplace.
(9) To avoid doubt, nothing in this procedure prevents a
worker from bringing a work health and safety issue to the attention of the worker’s
health and safety representative.
Part 2.3 Cessation
of Unsafe Work
24 Continuity of
engagement of worker
For section 88 of the Act, the prescribed purposes
are the assessment of eligibility for, or the calculation of benefits for, any
benefit or entitlement associated with the worker’s engagement, including:
(a) remuneration and promotion, as affected by
seniority;
(b) superannuation benefits;
(c) leave entitlements;
(d) any entitlement to notice of termination of
the engagement.
Part 2.4 Workplace
Entry by WHS Entry Permit Holders
25 Training requirements
for WHS entry permits
(1) The prescribed training for sections 131 and 133 of
the Act is training, that is provided or approved by the regulator, in relation
to the following:
(a) the right of entry requirements under Part 7
of the Act;
(b) the issue resolution requirements under the Act
and these Regulations;
(c) the duties under, and the framework of, the Act
and these Regulations;
(d) the requirements for the management of risks under
section 17 of the Act;
(e) the meaning of reasonably practicable
as set out in section 18 of the Act;
(f) the relationship between the Act and these Regulations
and the Fair Work Act 2009.
(2) The training must include providing the participant
with information about the availability of any guidance material published by
the regulator in relation to the Act and these Regulations.
(3) For the purpose of approving training, the regulator
must have regard to all relevant matters, including:
(a) the content and quality of the curriculum, including
its relevance to the powers and functions of a WHS permit holder;
(b) the qualifications, knowledge and experience of
the person who is to provide the training.
Note Under section 33 of the Acts
Interpretation Act 1901, the power to approve training includes a power to
revoke or vary the approval.
26 Form
of WHS entry permit
A WHS entry permit must include the following:
(a) the section of the Act under which the WHS entry
permit is issued;
(b) the full name of the WHS entry permit holder;
(c) the name of the union that the WHS entry permit
holder represents;
(d) a statement that the WHS entry permit holder is
entitled, while the WHS entry permit is in force, to exercise the rights given
to the WHS entry permit holder under the Act;
(e) the date of issue of the WHS entry permit;
(f) the expiry date for the WHS entry permit;
(g) the signature of the WHS entry permit holder;
(h) any conditions on the WHS entry permit.
27 Notice
of entry — general
A notice of entry under Part 7 of the Act must:
(a) be written; and
(b) include the following:
(i) the full name of the WHS entry
permit holder;
(ii) the name of the union that the WHS
entry permit holder represents;
(iii) the section of the Act under which
the WHS entry permit holder is entering or proposing to enter the workplace;
(iv) the name and address of the
workplace entered or proposed to be entered;
(v) the date of entry or proposed
entry;
(vi) the additional information and
other matters required under regulation 28, 29 or 30 (as applicable).
28 Additional
requirements — entry under section 117
A notice of entry under section 119 of the Act in relation
to an entry under section 117 must also include the following:
(a) so far as is practicable, the particulars of
the suspected contravention to which the notice relates;
(b) a declaration stating:
(i) that the union is entitled to
represent the industrial interests of a worker who carries out work at the
workplace entered and is a member, or eligible to be a member, of that union;
and
(ii) the provision in the union’s rules
that entitles the union to represent the industrial interests of that worker;
and
(iii) that the suspected contravention
relates to, or affects, that worker.
Note Section 130 of the Act provides that
a WHS entry permit holder is not required to disclose the name of any worker to
the person conducting the business or undertaking, and may do so only with the
consent of the worker.
29 Additional
requirements — entry under section 120
A notice of entry under section 120 of the Act in
relation to an entry under that section must also include the following:
(a) so far as is practicable, the particulars of
the suspected contravention to which the notice relates;
(b) a description of the employee records and
other documents, or of the classes of records and documents, directly relevant
to the suspected contravention, that are proposed to be inspected;
(c) a declaration stating:
(i) that the union is entitled to
represent the industrial interests of a worker who is a member, or eligible to
be a member, of that union; and
(ii) the provision in the union’s rules
that entitles the union to represent the industrial interests of that worker;
and
(iii) that the suspected contravention
relates to, or affects, that worker; and
(iv) that the records and documents
proposed to be inspected relate to that contravention.
Note Section 130 of the Act provides that
a WHS entry permit holder is not required to disclose the name of any worker to
the person conducting the business or undertaking, and may do so only with the
consent of the worker.
30 Additional
requirements — entry under section 121
A notice of entry under section 122 of the Act in relation
to an entry under section 121 of the Act must also include a declaration stating:
(a) that the union is entitled to represent the industrial
interests of a worker who carries out work at the workplace proposed to be entered
and is a member, or eligible to be a member, of that union; and
(b) the provision in the union’s rules that entitles
the union to represent the industrial interests of that worker.
Note Section 130 of the Act provides that
a WHS entry permit holder is not required to disclose the name of any worker to
the person conducting the business or undertaking, and may do so only with the
consent of the worker.
31 Register
of WHS entry permit holders
For section 151 of the Act, the authorising
authority must publish on its website:
(a) an up to date register of persons who hold a
WHS entry permit issued under Part 7 of the Act; and
(b) the date on which the register was last
updated.
Chapter 3 General risk and
workplace management
Part 3.1 Managing risks to health and safety
32 Application of Part 3.1
This Part applies to a person conducting a business
or undertaking who has a duty under these Regulations to manage risks to health
and safety.
33 Specific
requirements must be complied with
Any specific requirements under these Regulations
for the management of risk must be complied with when implementing the requirements
of this Part.
Examples
1 A requirement not to exceed an exposure
standard.
2 A duty to implement a specific control
measure.
3 A duty to assess risk.
34 Duty
to identify hazards
A duty holder, in managing risks to health and safety,
must identify reasonably foreseeable hazards that could give rise to risks to
health and safety.
35 Managing
risks to health and safety
A duty holder, in managing risks to health and safety,
must:
(a) eliminate risks to health and safety so far
as is reasonably practicable; and
(b) if it is not reasonably practicable to
eliminate risks to health and safety — minimise those risks so far as is
reasonably practicable.
36 Hierarchy
of control measures
(1) This regulation applies if it is not reasonably
practicable for a duty holder to eliminate risks to health and safety.
(2) A duty holder, in minimising risks to health and
safety, must implement risk control measures in accordance with this
regulation.
(3) The duty holder must minimise risks, so far as is
reasonably practicable, by doing one or more of the following:
(a) substituting (wholly or partly) the hazard
giving rise to the risk with something that gives rise to a lesser risk;
(b) isolating the hazard from any person exposed
to it;
(c) implementing engineering controls.
(4) If a risk then remains, the duty holder must
minimise the remaining risk, so far as is reasonably practicable, by
implementing administrative controls.
(5) If a risk then remains, the duty holder must
minimise the remaining risk, so far as is reasonably practicable, by ensuring
the provision and use of suitable personal protective equipment.
Note A combination of the controls set
out in this regulation may be used to minimise risks, so far as is reasonably
practicable, if a single control is not sufficient for the purpose.
37 Maintenance
of control measures
A duty holder who implements a control measure to
eliminate or minimise risks to health and safety must ensure that the control
measure is, and is maintained so that it remains, effective, including by
ensuring that the control measure is and remains:
(a) fit for purpose; and
(b) suitable for the nature and duration of the
work; and
(c) installed, set up and used correctly.
38 Review
of control measures
(1) A duty holder must review and as necessary revise
control measures implemented under these Regulations so as to maintain, so far
as is reasonably practicable, a work environment that is without risks to
health or safety.
(2) Without limiting subregulation (1), the duty holder
must review and as necessary revise a control measure in the following
circumstances:
(a) the control measure does not control the
risk it was implemented to control so far as is reasonably practicable;
Examples
1 The results
of monitoring show that the control measure does not control the risk.
2 A notifiable
incident occurs because of the risk.
(b) before a change at the workplace that is likely
to give rise to a new or different risk to health or safety that the measure
may not effectively control;
(c) a new relevant hazard or risk is identified;
(d) the results of consultation by the duty
holder under the Act or these Regulations indicate that a review is necessary;
(e) a health and safety representative requests a
review under subregulation (4).
(3) Without limiting paragraph (2) (b), a change
at the workplace includes:
(a) a change to the workplace itself or any
aspect of the work environment; or
(b) a change to a system of work, a process or a
procedure.
(4) A health and safety representative for workers at a
workplace may request a review of a control measure if the representative
reasonably believes that:
(a) a circumstance referred to in paragraph (2) (a),
(b), (c) or (d) affects or may affect the health and safety of a member of
the work group represented by the health and safety representative; and
(b) the duty holder has not adequately reviewed
the control measure in response to the circumstance.
Part 3.2 General
Workplace Management
Division 1 Information, training and instruction
39 Provision
of information, training and instruction
(1) This regulation applies for section 19 of the Act to
a person conducting a business or undertaking.
(2) The person must ensure that information, training
and instruction provided to a worker is suitable and adequate having regard to:
(a) the nature of the work carried out by the
worker; and
(b) the nature of the risks associated with the
work at the time the information, training or instruction is provided; and
(c) the control measures implemented.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure, so far as is reasonably practicable,
that the information, training and instruction provided under this regulation
is provided in a way that is readily understandable by any person to whom it is
provided.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 2 General working environment
40 Duty
in relation to general workplace facilities
A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, the following:
(a) the layout of the workplace allows, and the
workplace is maintained so as to allow, for persons to enter and exit and to
move about without risk to health and safety, both under normal working
conditions and in an emergency;
(b) work areas have space for work to be carried
out without risk to health and safety;
(c) floors and other surfaces are designed,
installed and maintained to allow work to be carried out without risk to health
and safety;
(d) lighting enables:
(i) each worker to carry out work
without risk to health and safety; and
(ii) persons to move within the
workplace without risk to health and safety; and
(iii) safe evacuation in an emergency;
(e) ventilation enables workers to carry out
work without risk to health and safety;
(f) workers carrying out work in extremes of
heat or cold are able to carry out work without risk to health and safety;
(g) work in relation to or near essential
services does not give rise to a risk to the health and safety of persons at
the workplace.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
41 Duty
to provide and maintain adequate and accessible facilities
(1) A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, the provision of
adequate facilities for workers, including toilets, drinking water, washing
facilities and eating facilities.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person conducting a business or undertaking at
a workplace must ensure, so far as is reasonably practicable, that the
facilities provided under subregulation (1) are maintained so as to be:
(a) in good working order; and
(b) clean, safe and accessible.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) For the purposes of this regulation, a person
conducting a business or undertaking must have regard to all relevant matters,
including the following:
(a) the nature of the work being carried out at
the workplace;
(b) the nature of the hazards at the workplace;
(c) the size, location and nature of the
workplace;
(d) the number and composition of the workers at
the workplace.
Division 3 First aid
42 Duty
to provide first aid
(1) A person conducting a business or undertaking at a
workplace must ensure:
(a) the provision of first aid equipment for the
workplace; and
(b) that each worker at the workplace has access
to the equipment; and
(c) access to facilities for the administration
of first aid.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A person conducting a business or undertaking at a
workplace must ensure that:
(a) an adequate number of workers are trained to
administer first aid at the workplace; or
(b) workers have access to an adequate number of
other persons who have been trained to administer first aid.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) For the purposes of this regulation, the person
conducting the business or undertaking must have regard to all relevant matters,
including the following:
(a) the nature of the work being carried out at the
workplace;
(b) the nature of the hazards at the workplace;
(c) the size and location of the workplace;
(d) the number and composition of the workers and
other persons at the workplace.
Division 4 Emergency plans
43 Duty
to prepare, maintain and implement emergency plan
(1) A person conducting a business or undertaking at a
workplace must ensure that an emergency plan is prepared for the workplace,
that provides for the following:
(a) emergency procedures, including:
(i) an effective response to an
emergency; and
(ii) evacuation procedures; and
(iii) notifying emergency service organisations
at the earliest opportunity; and
(iv) medical treatment and assistance;
and
(v) effective communication between the
person authorised by the person conducting the business or undertaking to
coordinate the emergency response and all persons at the workplace;
(b) testing of the emergency procedures, including
the frequency of testing;
(c) information, training and instruction to
relevant workers in relation to implementing the emergency procedures.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A person conducting a business or undertaking at a
workplace must maintain the emergency plan for the workplace so that it remains
effective.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) For subregulations (1) and (2), the person
conducting the business or undertaking must consider all relevant matters,
including the following:
(a) the nature of the work being carried out at
the workplace;
(b) the nature of the hazards at the workplace;
(c) the size and location of the workplace;
(d) the number and composition of the workers and
other persons at the workplace.
(4) A person conducting a business or undertaking at a
workplace must implement the emergency plan for the workplace in the event of
an emergency.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 5 Personal protective equipment
44 Provision
to workers and use of personal protective equipment
(1) This regulation applies if personal protective
equipment is to be used to minimise a risk to health and safety in relation to
work at a workplace in accordance with regulation 36.
(2) The person conducting a business or undertaking who
directs the carrying out of work must provide the personal protective equipment
to workers at the workplace, unless the personal protective equipment has been
provided by another person conducting a business or undertaking.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Example
Equipment that has been provided by a labour hire company.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person conducting the business or undertaking
who directs the carrying out of work must ensure that personal protective
equipment provided under subregulation (2) is:
(a) selected to minimise risk to health and safety,
including by ensuring that the equipment is:
(i) suitable having regard to the
nature of the work and any hazard associated with the work; and
(ii) a suitable size and fit and
reasonably comfortable for the worker who is to use or wear it; and
(b) maintained, repaired or replaced so that it continues
to minimise risk to the worker who uses it, including by ensuring that the equipment
is:
(i) clean and hygienic; and
(ii) in good working order; and
(c) used or worn by the worker, so far as is reasonably
practicable.
(4) The person conducting a business or undertaking who
directs the carrying out of work must provide the worker with information,
training and instruction in the:
(a) proper use and wearing of personal protective
equipment; and
(b) the storage and maintenance of personal protective
equipment.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 A person conducting a
business or undertaking must not charge or impose a levy on a worker for the
provision of personal protective equipment (see section 273 of the Act).
Note 2 Section 12F of the Act
provides that strict liability applies to each physical element of each offence
under the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
45 Personal
protective equipment used by other persons
The person conducting a business or undertaking who
directs the carrying out of work must ensure, so far as is reasonably
practicable, that:
(a) personal protective equipment to be used or worn
by any person other than a worker at the workplace is capable of minimising
risk to the person’s health and safety; and
(b) the person uses or wears the equipment.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
46 Duties
of worker
(1) This regulation applies if a person conducting a
business or undertaking provides a worker with personal protective equipment.
(2) The worker must, so far as the worker is reasonably
able, use or wear the equipment in accordance with any information, training or
reasonable instruction by the person conducting the business or undertaking.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The worker must not intentionally misuse or damage
the equipment.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The worker must inform the person conducting the
business or undertaking of any damage to, defect in or need to clean or
decontaminate any of the equipment of which the worker becomes aware.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
47 Duty
of person other than worker
A person other than a worker must wear personal protective
equipment at a workplace in accordance with any information, training or reasonable
instruction provided by the person conducting the business or undertaking at
the workplace.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 6 Remote or isolated work
48 Remote
or isolated work
(1) A person conducting a business or undertaking must
manage risks to the health and safety of a worker associated with remote or
isolated work, in accordance with Part 3.1.
Note WHS Act — section 19 (see
regulation 9).
(2) In minimising risks to the health and safety of a worker
associated with remote or isolated work, a person conducting a business or
undertaking must provide a system of work that includes effective communication
with the worker.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) In this regulation:
assistance
includes rescue, medical assistance and the attendance of
emergency service workers.
remote
or isolated work, in relation to a worker, means work that is
isolated from the assistance of other persons because of location, time or the
nature of the work.
Division 7 Managing risks from airborne contaminants
49 Ensuring
exposure standards for substances and mixtures not exceeded
A person conducting a business or undertaking at a
workplace must ensure that no person at the workplace is exposed to a substance
or mixture in an airborne concentration that exceeds the exposure standard for
the substance or mixture.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
50 Monitoring
airborne contaminant levels
(1) A person conducting a business or undertaking at a
workplace must ensure that air monitoring is carried out to determine the
airborne concentration of a substance or mixture at the workplace to which an
exposure standard applies if:
(a) the person is not certain on reasonable
grounds whether or not the airborne concentration of the substance or mixture
at the workplace exceeds the relevant exposure standard; or
(b) monitoring is necessary to determine whether
there is a risk to health.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A person conducting a business or undertaking at a
workplace must ensure that the results of air monitoring carried out under
subregulation (1) are recorded, and kept for 30 years after the date the record
is made.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) A person conducting a business or undertaking at a
workplace must ensure that the results of air monitoring carried out under
subregulation (1) are readily accessible to persons at the workplace who may be
exposed to the substance or mixture.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 8 Hazardous atmospheres
51 Managing
risks to health and safety
(1) A person conducting a business or undertaking at a
workplace must manage risks to health and safety associated with a hazardous
atmosphere at the workplace, in accordance with Part 3.1.
Note WHS Act — section 19 (see
regulation 9).
(2) An atmosphere is a hazardous atmosphere
if:
(a) the atmosphere does not have a safe oxygen level;
or
(b) the concentration of oxygen in the atmosphere
increases the fire risk; or
(c) the concentration of flammable gas, vapour, mist
or fumes exceeds 5% of the LEL for the gas, vapour, mist or fumes; or
(d) combustible dust is present in a quantity and
form that would result in a hazardous area.
52 Ignition
sources
(1) A person conducting a business or undertaking at a
workplace must manage risks to health and safety associated with an ignition
source in a hazardous atmosphere at the workplace, in accordance with Part 3.1.
Note WHS Act — section 19 (see
regulation 9).
(2) This regulation does not apply if the ignition
source is part of a deliberate process or activity at the workplace.
Division 9 Storage of flammable or combustible substances
53 Flammable
and combustible material not to be accumulated
(1) A person conducting a business or undertaking at a
workplace must ensure that, if flammable or combustible substances are kept at
the workplace, the substances are kept at the lowest practicable quantity for
the workplace.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) In this regulation, flammable or combustible substances
include:
(a) flammable and combustible liquids, including
waste liquids, in containers, whether empty or full; and
(b) gas cylinders, whether empty or full.
Division 10 Falling objects
54 Management
of risk of falling objects
A person conducting a business or undertaking at a
workplace must manage, in accordance with Part 3.1, risks to health and safety
associated with an object falling on a person if the falling object is
reasonably likely to injure the person.
Note WHS Act — section 19 (see
regulation 9).
55 Minimising
risk associated with falling objects
(1) This regulation applies if it is not reasonably
practicable to eliminate the risk referred to in regulation 54.
(2) The person conducting the business or undertaking at
a workplace must minimise the risk of an object falling on a person by
providing adequate protection against the risk in accordance with this
regulation.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person provides adequate protection against the
risk if the person provides and maintains a safe system of work, including:
(a) preventing an object from falling freely, so
far as is reasonably practicable; or
(b) if it is not reasonably practicable to
prevent an object from falling freely — providing, so far as is reasonably
practicable, a system to arrest the fall of a falling object.
Examples
1 Providing a secure barrier.
2 Providing a safe means of raising and
lowering objects.
3 Providing an exclusion zone persons are
prohibited from entering.
Chapter 4 Hazardous work
Part 4.1 Noise
56 Meaning of exposure
standard for noise
(1) In these Regulations, exposure standard for noise,
in relation to a person, means:
(a) LAeq,8h of
85 dB(A); or
(b) LC,peak of
140 dB(C).
(2) In this regulation:
LAeq,8h
means the eight‑hour equivalent continuous A‑weighted sound
pressure level in decibels (dB(A)) referenced to 20 micropascals, determined
in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement
and assessment of noise immission and exposure).
LC,peak
means the C‑weighted peak sound pressure level in decibels (dB(C)) referenced
to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005
(Occupational noise management—Measurement and assessment of noise immission
and exposure).
57 Managing
risk of hearing loss from noise
(1) A person conducting a business or undertaking at a
workplace must manage, in accordance with Part 3.1, risks to health and safety
relating to hearing loss associated with noise.
Note WHS Act — section 19 (see
regulation 9).
(2) A person conducting a business or undertaking at a
workplace must ensure that the noise that a worker is exposed to at the
workplace does not exceed the exposure standard for noise.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
58 Audiometric
testing
(1) This regulation applies in relation to a worker who
is frequently required by the person conducting the business or undertaking to
use personal protective equipment to protect the worker from the risk of
hearing loss associated with noise that exceeds the exposure standard for
noise.
(2) The person conducting the business or undertaking
who provides the personal protective equipment as a control measure must
provide audiometric testing for the worker:
(a) within 3 months of the worker commencing the
work; and
(b) in any event, at least every 2 years.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) In this regulation, audiometric testing
means the testing and measurement of the hearing threshold levels of each ear
of a person by means of pure tone air conduction threshold tests.
59 Duties
of designers, manufacturers, importers and suppliers of plant
(1) A designer of plant must ensure that the plant is
designed so that its noise emission is as low as is reasonably practicable.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A designer of plant must give to each person who is
provided with the design for the purpose of giving effect to it adequate
information about:
(a) the noise emission values of the plant; and
(b) the operating conditions of the plant when
noise emission is to be measured; and
(c) the methods the designer has used to measure
the noise emission of the plant.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) A manufacturer of plant must ensure that the plant
is manufactured so that its noise emission is as low as is reasonably
practicable.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) A manufacturer of plant must give to each person to
whom the manufacturer provides the plant adequate information about:
(a) the noise emission values of the plant; and
(b) the operating conditions of the plant when
noise emission is to be measured; and
(c) the methods the manufacturer has used to
measure the noise emission of the plant.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) An importer of plant must take all reasonable steps
to:
(a) obtain information about:
(i) the noise emission values of the
plant; and
(ii) the operating conditions of the
plant when noise emission is to be measured; and
(iii) the methods the designer or
manufacturer has used to measure the noise emission of the plant; and
(b) give that information to any person to whom
the importer supplies the plant.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(6) A supplier of plant must take all reasonable steps
to:
(a) obtain the information the designer,
manufacturer or importer is required to give a supplier under
subregulation (2), (4) or (5); and
(b) give that information to any person to whom
the supplier supplies the plant.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Part 4.2 Hazardous
Manual Tasks
60 Managing risks to
health and safety
(1) A person conducting a business or undertaking must
manage risks to health and safety relating to a musculoskeletal disorder
associated with a hazardous manual task, in accordance with Part 3.1.
Note WHS Act — section 19 (see
regulation 9).
(2) In determining the control measures to implement
under subregulation (1), the person conducting the business or undertaking must
have regard to all relevant matters that may contribute to a musculoskeletal
disorder, including:
(a) postures, movements, forces and vibration
relating to the hazardous manual task; and
(b) the duration and frequency of the hazardous
manual task; and
(c) workplace environmental conditions that may
affect the hazardous manual task or the worker performing it; and
(d) the design of the work area; and
(e) the layout of the workplace; and
(f) the systems of work used; and
(g) the nature, size, weight or number of
persons, animals or things involved in carrying out the hazardous manual task.
61 Duties
of designers, manufacturers, importers and suppliers of plant or structures
(1) A designer of plant or a structure must ensure that
the plant or structure is designed so as to eliminate the need for any
hazardous manual task to be carried out in connection with the plant or
structure.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If it is not reasonably practicable to comply with
subregulation (1), the designer must ensure that the plant or structure is
designed so that the need for any hazardous manual task to be carried out in
connection with the plant or structure is minimised so far as is reasonably
practicable.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The designer must give to each person who is
provided with the design for the purpose of giving effect to it adequate
information about the features of the plant or structure that eliminate or
minimise the need for any hazardous manual task to be carried out in connection
with the plant or structure.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) A manufacturer of plant or a structure must ensure
that the plant or structure is manufactured so as to eliminate the need for any
hazardous manual task to be carried out in connection with the plant or
structure.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) If it is not reasonably practicable to comply with
subregulation (4), the manufacturer must ensure that the plant or structure is
manufactured so that the need for any hazardous manual task to be carried out
in connection with the plant or structure is minimised so far as is reasonably
practicable.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(6) The manufacturer must give to each person to whom
the manufacturer provides the plant or structure adequate information about the
features of the plant or structure that eliminate or minimise the need for any
hazardous manual task to be carried out in connection with the plant or
structure.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(7) An importer of plant or a structure must take all
reasonable steps to:
(a) obtain the information the designer or
manufacturer is required to give under subregulation (3) or (6); and
(b) give that information to any person to whom
the importer supplies the plant.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(8) A supplier of plant or a structure must take all reasonable
steps to:
(a) obtain the information the designer, manufacturer
or importer is required to give a supplier under subregulation (3), (6) or
(7); and
(b) give that information to any person to whom the
supplier supplies the plant.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Part 4.3 Confined
Spaces
Division 1 Preliminary
62 Confined
spaces to which this Part applies
(1) This Part applies to confined spaces that:
(a) are entered by any person; or
(b) are intended or likely to be entered by any
person; or
(c) could be entered inadvertently by any
person.
(2) In this Part, a reference to a confined space in
relation to a person conducting a business or undertaking is a reference to a
confined space that is under the person’s management or control.
63 Application
to emergency service workers
Regulations 67 and 68 do not apply to the entry
into a confined space by an emergency service worker if, at the direction of
the emergency service organisation, the worker is:
(a) rescuing a person from the space; or
(b) providing first aid to a person in the space.
Division 2 Duties of designer, manufacturer, importer, supplier,
installer and constructor of plant or structure
64 Duty
to eliminate or minimise risk
(1) This regulation applies in relation to plant or a
structure that includes a space that is, or is intended to be, a confined
space.
(2) A designer, manufacturer, importer or supplier of
the plant or structure, and a person who installs or constructs the plant or
structure, must ensure that:
(a) the need for any person to enter the space and
the risk of a person inadvertently entering the space are eliminated, so far as
is reasonably practicable; or
(b) if it is not reasonably practicable to
eliminate the need to enter the space or the risk of a person inadvertently
entering the space:
(i) the need or risk is minimised so
far as is reasonably practicable; and
(ii) the space is designed with a safe
means of entry and exit; and
(iii) the risk to the health and safety
of any person who enters the space is eliminated so far as is reasonably
practicable or, if it is not reasonably practicable to eliminate the risk, the
risk is minimised so far as is reasonably practicable.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 3 Duties of person conducting business or undertaking
65 Entry
into confined space must comply with this Division
A person conducting a business or undertaking must
ensure, so far as is reasonably practicable, that a worker does not enter a
confined space before this Division has been complied with in relation to that
space.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
66 Managing
risks to health and safety
(1) A person conducting a business or undertaking must
manage, in accordance with Part 3.1, risks to health and safety associated with
a confined space at a workplace including risks associated with entering,
working in, on or in the vicinity of the confined space (including a risk of a
person inadvertently entering the confined space).
Note WHS Act — section 19 (see
regulation 9).
(2) A person conducting a business or undertaking must
ensure that a risk assessment is conducted by a competent person for the
purposes of subregulation (1).
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure that a risk assessment
conducted under subregulation (2) is recorded in writing.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) For subregulations (1) and (2), the person
conducting a business or undertaking must have regard to all relevant matters,
including the following:
(a) whether the work can be carried out without
the need to enter the confined space;
(b) the nature of the confined space;
(c) if the hazard is associated with the concentration
of oxygen or the concentration of airborne contaminants in the confined space —
any change that may occur in that concentration;
(d) the work required to be carried out in the confined
space, the range of methods by which the work can be carried out and the proposed
method of working;
(e) the type of emergency procedures, including rescue
procedures, required.
(5) The person conducting a business or undertaking must
ensure that a risk assessment under this regulation is reviewed and as
necessary revised by a competent person to reflect any review and revision of
control measures under Part 3.1.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
67 Confined
space entry permit
(1) A person conducting a business or undertaking at a
workplace must not direct a worker to enter a confined space to carry out work
unless the person has issued a confined space entry permit for the work.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A confined space entry permit must:
(a) be completed by a competent person; and
(b) be in writing; and
(c) specify the following:
(i) the confined space to which the
permit relates;
(ii) the names of persons permitted to
enter the space;
(iii) the period of time during which
the work in the space will be carried out;
(iv) measures to control risk associated
with the proposed work in the space; and
(d) contain space for an acknowledgement that
work in the confined space has been completed and that all persons have left
the confined space.
(3) The control measures specified in a confined space
permit must:
(a) be based on a risk assessment conducted
under regulation 66; and
(b) include:
(i) control measures to be implemented
for safe entry; and
(ii) details of the system of work
provided under regulation 69.
(4) The person conducting a business or undertaking
must ensure that, when the work for which the entry permit was issued is
completed:
(a) all workers leave the confined space; and
(b) the acknowledgement referred to in paragraph
(2) (d) is completed by the competent person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
68 Signage
(1) A person conducting a business or undertaking must
ensure that signs that comply with subregulation (2) are erected:
(a) immediately before work in a confined space commences
and while the work is being carried out; and
(b) while work is being carried out in preparation
for, and in the completion of, work in a confined space.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The signs must:
(a) identify the confined space; and
(b) inform workers that they must not enter the space
unless they have a confined space entry permit; and
(c) be clear and prominently located next to
each entry to the space.
69 Communication
and safety monitoring
A person conducting a business or undertaking must
ensure that a worker does not enter a confined space to carry out work unless
the person provides a system of work that includes:
(a) continuous communication with the worker from
outside the space; and
(b) monitoring of conditions within the space by a
standby person who is in the vicinity of the space and, if practicable,
observing the work being carried out.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
70 Specific
control — connected plant and services
(1) A person conducting a business or undertaking must,
so far as is reasonably practicable, eliminate any risk associated with work in
a confined space in either of the following circumstances:
(a) the introduction of any substance or
condition into the space from or by any plant or services connected to the
space;
(b) the activation or energising in any way of
any plant or services connected to the space.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If it is not reasonably practicable for the person
to eliminate risk under subregulation (1), the person must minimise that risk
so far as is reasonably practicable.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
71 Specific
control — atmosphere
(1) A person conducting a business or undertaking must
ensure, in relation to work in a confined space, that:
(a) purging or ventilation of any contaminant in
the atmosphere of the space is carried out, so far as is reasonably
practicable; and
(b) pure oxygen or gas mixtures with oxygen in a
concentration exceeding 21% by volume are not used for purging or ventilation
of any airborne contaminant in the space.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person must ensure that, while work is being carried
out in a confined space:
(a) the atmosphere of the space has a safe
oxygen level; or
(b) if it is not reasonably practicable to comply
with paragraph (a) and the atmosphere in the space has an oxygen level less
than 19.5% by volume — any worker carrying out work in the space is
provided with air supplied respiratory equipment.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) In this regulation, purging means the
method used to displace any contaminant from a confined space.
Note 1 Regulation 44 applies to the
use of personal protective equipment, including the equipment provided under
subregulation (2).
Note 2 Regulation 50 applies to
airborne contaminants.
72 Specific
control — flammable gases and vapours
(1) A person conducting a business or undertaking must
ensure, so far as is reasonably practicable, that while work is being carried
out in a confined space, the concentration of any flammable gas, vapour or mist
in the atmosphere of the space is less than 5% of its LEL.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If it is not reasonably practicable to limit the atmospheric
concentration of a flammable gas, vapour or mist in a confined space to less
than 5% of its LEL and the atmospheric concentration of the flammable gas,
vapour or mist in the space is:
(a) equal to or greater than 5% but less than 10%
of its LEL — the person must ensure that any worker is immediately removed
from the space unless a suitably calibrated, continuous‑monitoring flammable gas
detector is used in the space; or
(b) equal to or greater than 10% of its LEL —
the person must ensure that any worker is immediately removed from the space.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
73 Specific
control — fire and explosion
A person conducting a business or undertaking must
ensure that an ignition source is not introduced into a confined space (from
outside or within the space) if there is a possibility of the ignition source
causing a fire or explosion in the space.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
74 Emergency
procedures
(1) A person conducting a business or undertaking must:
(a) establish first aid procedures and rescue
procedures to be followed in the event of an emergency in a confined space; and
(b) ensure that the procedures are practised as
necessary to ensure that they are efficient and effective.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person must ensure that first aid and rescue
procedures are initiated from outside the confined space as soon as practicable
in an emergency.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
(3) The person must ensure, in relation to any confined
space, that:
(a) the entry and exit openings of the confined
space are large enough to allow emergency access; and
(b) the entry and exit openings of the space are
not obstructed; and
(c) plant, equipment and personal protective
equipment provided for first aid or emergency rescue are maintained in good
working order.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 See Part 3.2 for general
provisions relating to first aid, personal protective equipment and emergency
plans.
Note 2 Section 12F of the Act
provides that strict liability applies to each physical element of each offence
under the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
75 Personal
protective equipment in emergencies
(1) This regulation applies in relation to a worker who
is to enter a confined space in order to carry out first aid or rescue
procedures in an emergency.
(2) The person conducting the business or undertaking
for which the worker is carrying out work must ensure that air supplied
respiratory equipment is available for use by, and is provided to, the worker
in an emergency in which:
(a) the atmosphere in the confined space does
not have a safe oxygen level; or
(b) the atmosphere in the space has a harmful
concentration of an airborne contaminant; or
(c) there is a serious risk of the atmosphere in
the space becoming affected in the way referred to in paragraph (a) or (b)
while the worker is in the space.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person conducting the business or undertaking
for which the worker is carrying out work must ensure that suitable personal
protective equipment is available for use by, and is provided to, the worker in
an emergency in which:
(a) an engulfment has occurred inside the confined
space; or
(b) there is a serious risk of an engulfment occurring
while the worker is in the space.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 Regulation 44 applies to the
use of personal protective equipment, including the equipment provided under
this regulation.
Note 2 Section 12F of the Act
provides that strict liability applies to each physical element of each offence
under the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
76 Information,
training and instruction for workers
(1) A person conducting a business or undertaking must
ensure that relevant workers are provided with suitable and adequate
information, training and instruction in relation to the following:
(a) the nature of all hazards relating to a confined
space;
(b) the need for, and the appropriate use of, control
measures to control risks to health and safety associated with those hazards;
(c) the selection, fit, use, wearing, testing, storage
and maintenance of any personal protective equipment;
(d) the contents of any confined space entry
permit that may be issued in relation to work carried out by the worker in a
confined space;
(e) emergency procedures.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person must ensure that a record of all training
provided to a worker under this regulation is kept for 2 years.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) In subregulation (1), relevant worker means:
(a) a worker who, in carrying out work for the
business or undertaking, could:
(i) enter or work in a confined space;
or
(ii) carry out any function in relation
to work in a confined space or the emergency procedures established under
regulation 74, but who is not required to enter the space; or
(b) any person supervising a worker referred to
in paragraph (a).
77 Confined
space entry permit and risk assessment must be kept
(1) This regulation applies if a person conducting a
business or undertaking:
(a) prepares a risk assessment under regulation
66; or
(b) issues a confined space entry permit under regulation
67.
(2) Subject to subregulation (3), the person must keep:
(a) a copy of the risk assessment until at least
28 days after the work to which it relates is completed; and
(b) a copy of the confined space entry permit at least
until the work to which it relates is completed.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) If a notifiable incident occurs in connection with the
work to which the assessment or permit relates, the person must keep the copy
of the assessment or permit (as applicable) for at least 2 years after the
incident occurs.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person must ensure that, for the period for which
the assessment or permit must be kept under this regulation, a copy is
available for inspection under the Act.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) The person must ensure that, for the period for
which the assessment or permit must be kept under this regulation, a copy is
available to any relevant worker on request.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Part 4.4 Falls
78 Management of risk of
fall
(1) A person conducting a business or undertaking at a
workplace must manage, in accordance with Part 3.1, risks to health and safety
associated with a fall by a person from one level to another that is reasonably
likely to cause injury to the person or any other person.
Note WHS Act — section 19 (see
regulation 9).
(2) Subregulation (1) includes the risk of a fall:
(a) in or on an elevated workplace from which a
person could fall; or
(b) in the vicinity of an opening through which a
person could fall; or
(c) in the vicinity of an edge over which a
person could fall; or
(d) on a surface through which a person could
fall; or
(e) in any other place from which a person could
fall.
(3) A person conducting a business or undertaking must
ensure, so far as is reasonably practicable, that any work that involves the
risk of a fall to which subregulation (1) applies is carried out on the ground
or on a solid construction.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) A person conducting a business or undertaking must
provide safe means of access to and exit from:
(a) the workplace; and
(b) any area within the workplace referred to in
subregulation (2).
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) In this regulation, solid construction
means an area that has:
(a) a surface that is structurally capable of
supporting all persons and things that may be located or placed on it; and
(b) barriers around its perimeter and any
openings to prevent a fall; and
(c) an even and readily negotiable surface and
gradient; and
(d) a safe means of entry and exit.
79 Specific
requirements to minimise risk of fall
(1) This regulation applies if it is not reasonably
practicable for the person conducting a business or undertaking at a workplace
to eliminate the risk of a fall to which regulation 78 applies.
(2) The person must minimise the risk of a fall by
providing adequate protection against the risk in accordance with this
regulation.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person provides adequate protection against the
risk if the person provides and maintains a safe system of work, including by:
(a) providing a fall prevention device if it is
reasonably practicable to do so; or
(b) if it is not reasonably practicable to
provide a fall prevention device, providing a work positioning system; or
(c) if it is not reasonably practicable to
comply with either paragraph (a) or (b), providing a fall arrest system, so far
as is reasonably practicable.
Examples
A safe system of work could include:
1 Providing
temporary work platforms.
2 Providing training in relation to the
risks involved in working at the workplace.
3 Providing safe work procedures, safe
sequencing of work, safe use of ladders, permit systems and appropriate signs.
Note A combination of the controls set
out in this subregulation may be used to minimise risks so far as is
practicable if a single control is not sufficient for the purpose.
(4) This regulation does not apply in relation to the
following work:
(a) the performance of stunt work;
(b) the performance of acrobatics;
(c) a theatrical performance;
(d) a sporting or athletic activity;
(e) horse riding.
Note Regulation 36 applies to the
management of risk in relation to this work.
(5) In this regulation, fall prevention device includes:
(a) a secure fence; and
(b) edge protection; and
(c) working platforms; and
(d) covers.
Note See subregulation 5 (1) for
definitions of fall
arrest system and work
positioning system.
80 Emergency
and rescue procedures
(1) This regulation applies if a person conducting a
business or undertaking provides a fall arrest system as a control measure.
(2) Without limiting regulation 79, the person must
establish emergency procedures, including rescue procedures, in relation to the
use of the fall arrest system.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure that the emergency procedures
are tested so that they are effective.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person must provide relevant workers with
suitable and adequate information, training and instruction in relation to the
emergency procedures.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) In this regulation, relevant worker means:
(a) a worker who, in carrying out work in the
business or undertaking, uses or is to use a fall arrest system; and
(b) a worker who may be involved in initiating or
implementing the emergency procedures.
Part 4.5 High
Risk Work
Division 1 Licensing of high risk work
Subdivision 1 Requirement to
be licensed
81 Licence
required to carry out high risk work
A person must not carry out a class of high risk
work unless the person holds a high risk work licence for that class of high
risk work, except as provided in regulation 82.
Note 1 See section 43 of the Act.
Note 2 Schedule 3 sets out the high
risk work licences and classes of high risk work that are within the scope of
each licence. Schedule 4 sets out the qualifications required for a high risk
work licence.
82 Exceptions
(1) A person who carries out high risk work in either
of the following circumstances is not required to be licensed:
(a) work carried out:
(i) in the course of training towards
a certification in order to be licensed to carry out the high risk work; and
(ii) under the supervision of a person
who is licensed to carry out the high risk work;
(b) work carried out by a person who, having
applied for a licence to carry out the high risk work on the basis of a
certification, is awaiting a decision on that application.
(2) A person who carries out high risk work involving
plant is not required to be licensed if:
(a) the work is carried out at a workplace
solely for the purpose of the manufacture, testing, trialling, installation,
commissioning, maintenance, servicing, repair, alteration, demolition or
disposal of the plant at that workplace or moving the plant within the
workplace; and
(b) the plant is operated or used without a load
except when standard weight loads with predetermined fixing points are used for
calibration of the plant.
(3) For paragraph (2) (a), moving does not include
loading plant onto, or unloading plant from, the vehicle or equipment used to
move the plant.
(4) A person who carries out high risk work with a
crane or hoist is not required to be licensed as a crane operator if:
(a) the work is limited to setting up or
dismantling the crane or hoist; and
(b) the person carrying out the work holds a
licence in relation to rigging, which qualifies the person to carry out the
work.
Note See Schedule 3 for the classes of
crane operator licence.
(5) A person who carries out high risk work with a
heritage boiler is not required to be licensed as a boiler operator.
83 Recognition
of high risk work licences in other jurisdictions
(1) In this Subdivision, a reference to a high risk
work licence includes a reference to an equivalent licence:
(a) granted under a corresponding WHS law; and
(b) that is being used in accordance with the
terms and conditions under which it was granted.
(2) Subregulation (1) does not apply to a licence that
is suspended or cancelled or has expired in the corresponding jurisdiction.
84 Duty
of person conducting business or undertaking to ensure direct supervision
(1) A person conducting a business or undertaking must
ensure that a person supervising the work of a person carrying out high risk
work as required by regulation 82 (1) (a) provides direct
supervision of the person except in the circumstances set out in subregulation
(2).
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) Direct supervision of a person is not required if:
(a) the nature or circumstances of a particular
task make direct supervision impracticable or unnecessary; and
(b) the reduced level of supervision will not
place the health or safety of the supervised person or any other person at
risk.
(3) In this regulation, direct supervision of a
person means the oversight by the supervising person of the work of that person
for the purposes of:
(a) directing, demonstrating, monitoring and
checking the person’s work in a way that is appropriate to the person’s level
of competency; and
(b) ensuring a capacity to respond in an
emergency situation.
85 Evidence
of licence — duty of person conducting business or undertaking
(1) A person conducting a business or undertaking at a
workplace must not direct or allow a worker to carry out high risk work for
which a high risk work licence is required unless the person sees written
evidence provided by the worker that the worker has the relevant high risk work
licence for that work.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A person conducting a business or undertaking at a
workplace must not direct or allow a worker to carry out high risk work
referred to in subregulation 82 (1) unless the person sees written
evidence provided by the worker that the worker:
(a) is undertaking the course of training
referred to in subparagraph 82 (1) (a) (i); or
(b) has applied for the relevant licence and
holds the certification referred to in paragraph 82 (1) (b).
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) A person conducting a business or undertaking at a
workplace must not direct or allow a worker to supervise high risk work as
referred to in paragraph 82 (1) (a) and regulation 84 unless the
person sees written evidence that the worker holds the relevant high risk work
licence for that high risk work.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) A person conducting a business or undertaking at a
workplace must keep the written evidence given to the person:
(a) under subregulation (1) or (2) — for at
least 1 year after the high risk work is carried out;
(b) under subregulation (3) — for at least 1
year after the last occasion on which the worker performs the supervision work.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Subdivision 2 Licensing
process
86 Who
may apply for a licence
Only a person who holds a qualification set out in
Schedule 4 may apply for a high risk work licence.
87 Application
for high risk work licence
(1) An application for a high risk work licence must be
made in the manner and form required by the regulator.
(2) The application must include the following
information:
(a) the applicant’s name and residential
address;
(b) a recent photograph of the applicant;
(c) evidence of the applicant’s age;
(d) other evidence of the applicant’s identity
required by the regulator;
(e) the class of high risk work licence to which
the application relates;
(f) a copy of a certification:
(i) that is held by the applicant in
relation to the VET course, or each of the VET courses, set out in Schedule 4
in relation to the high risk licence applied for; and
(ii) that was issued not more than 60
days before the application is made;
(g) a declaration that the applicant does not
hold an equivalent licence under a corresponding WHS law;
(h) a declaration as to whether or not the
applicant has ever been convicted or found guilty of any offence under:
(i) the Act, these Regulations or a
former law of the Commonwealth or a State that deals with occupational health
and safety; or
(ii) any
corresponding WHS law;
Note Division
3 of Part VIIC of the Crimes Act 1914 provides that a person is not
required to disclose a conviction which is spent in accordance with that Act.
(i) details of any conviction or finding of
guilt declared under paragraph (h);
(j) a declaration as to whether or not the
applicant has entered into an enforceable undertaking under:
(i) the Act, these Regulations or a
former law of the Commonwealth or a State that deals with occupational health
and safety; or
(ii) any corresponding WHS law;
(k) details of any enforceable undertaking
declared under paragraph (j);
(l) if the applicant has previously been refused
an equivalent licence under a corresponding WHS law, a declaration giving details
of that refusal;
(m) if the applicant has previously held an
equivalent licence under a corresponding WHS law, a declaration:
(i) describing any condition imposed
on that licence; and
(ii) stating whether or not that
licence had been suspended or cancelled and, if so, whether or not the
applicant had been disqualified from applying for any licence; and
(iii) giving details of any suspension,
cancellation or disqualification.
Note See section 268 of the Act for
offences relating to the giving of false or misleading information under the
Act or these Regulations.
(3) The application must be accompanied by the relevant
fee.
88 Additional
information
(1) If an application for a high risk work licence does
not contain sufficient information to enable the regulator to make a decision
whether or not to grant the licence, the regulator may ask the applicant to
provide additional information.
(2) A request for additional information must:
(a) specify the date (not being less than 28
days after the request) by which the additional information is to be given; and
(b) be confirmed in writing.
(3) If an applicant does not provide the additional
information by the date specified, the application is to be taken to have been
withdrawn.
(4) The regulator may make more than one request for
additional information under this regulation.
89 Decision
on application
(1) Subject to subregulation (3), the regulator must
grant a high risk work licence if satisfied about the matters referred to in
subregulation (2).
(2) The regulator must be satisfied about the
following:
(a) the application has been made in accordance
with these Regulations;
(b) the
applicant is a Commonwealth worker;
(c) either:
(i) the applicant resides in the
Commonwealth; or
(ii) circumstances exist that justify
the grant of the licence;
(d) the applicant is at least 18 years of age;
(e) the applicant has provided the certification
required under paragraph 87 (2) (f);
(f) the applicant is able to carry out the work
to which the licence relates safely and competently.
(3) The regulator must refuse to grant a high risk work
licence if satisfied that:
(a) the applicant is disqualified under a corresponding
WHS law from holding an equivalent licence; or
(b) the applicant, in making the application,
has:
(i) given information that is false or
misleading in a material particular; or
(ii) failed to give any material
information that should have been given.
(4) If the regulator decides to grant the licence, it
must notify the applicant within 14 days after making the decision.
(5) If the regulator does not make a decision within 120
days after receiving the application or the additional information requested
under regulation 88, the regulator is taken to have refused to grant the
licence applied for.
Note A refusal to grant a high risk work
licence (including under subregulation (5)) is a reviewable decision (see
regulation 676).
90 Matters
to be taken into account
For paragraph 89 (2) (f), the regulator
must have regard to all relevant matters, including the following:
(a) any offence under:
(i) the Act, these Regulations or a
former law of the Commonwealth or a State that deals with occupational health
and safety; or
(ii) any corresponding WHS law;
of which the applicant has been convicted
or found guilty;
Note Division
3 of Part VIIC of the Crimes Act 1914 provides that a person is not
required to disclose a conviction which is spent in accordance with that Act.
(b) in relation to any equivalent licence
applied for or held by the applicant:
(i) any refusal to grant the licence;
and
(ii) any condition imposed in the
licence, if granted; and
(iii) any suspension or cancellation of
the licence, if granted, including any disqualification from applying for any
licence;
(c) any enforceable undertaking the applicant
has entered into under:
(i) the Act, these Regulations or a
former law of the Commonwealth or a State that deals with occupational health
and safety; or
(ii) any corresponding WHS law;
(d) the applicant’s record in relation to any
matters arising under:
(i) the Act, these Regulations or a
former law of the Commonwealth or a State that deals with occupational health
and safety; or
(ii) any corresponding WHS law;
91 Refusal to grant high
risk work licence—process
(1) If the regulator proposes to refuse to grant a
licence, the regulator must give a written notice to the applicant:
(a) informing the applicant of the reasons for
the proposed refusal; and
(b) advising the applicant that the applicant
may, by a specified date (being not less than 28 days after giving the notice),
make a submission to the regulator in relation to the proposed refusal.
(2) After the date specified in a notice under subregulation
(1), the regulator must:
(a) if the applicant has made a submission in
relation to the proposed refusal to grant the licence — consider that
submission; and
(b) whether or not the applicant has made a
submission — decide whether to grant or refuse to grant the licence; and
(c) within 14 days after making that decision,
give the applicant written notice of the decision, including the reasons for
the decision.
Note A decision to refuse to grant a
licence is a reviewable decision (see regulation 676).
92 Duration
of licence
Subject to this Division, a high risk work licence
takes effect on the day it is granted and, unless cancelled earlier, expires
5 years after that day.
93 Licence
document
(1) If the regulator grants a high risk work licence,
the regulator must issue to the applicant a licence document in the form
determined by the regulator.
(2) The licence document must include the following:
(a) the name of the licence holder;
(b) a recent photograph of the licence holder;
(c) the date of birth of the licence holder;
(d) a copy of the signature of the licence holder
or provision for the inclusion of a copy signature;
(e) the class of high risk work licence and a
description of the work within the scope of the licence;
(f) the date on which the licence was granted;
(g) the expiry date of the licence.
(3) For paragraph (2) (e), if the regulator grants
more than one class of high risk work licence to a person, the licence document
must contain a description of each class of licence and the work that is within
the scope of each licence.
(4) If a licence holder holds more than one high risk
work licence, the regulator may issue to the licence holder one licence
document in relation to some or all those licences.
(5) Despite regulation 92, if a licence document is
issued under subregulation (4), the licences to which that licence document
related expire on the date that the first of those licences expires.
94 Licence
document to be available
(1) A licence holder must keep the licence document
available for inspection under the Act.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) Subregulation (1) does not apply if the licence
document is not in the licence holder’s possession because:
(a) it has been returned to the regulator under
regulation 97; or
(b) the licence holder has applied for, but has
not received, a replacement licence document under regulation 98.
95 Reassessment
of competency of licence holder
The regulator may direct a licence holder to obtain
a reassessment of the competency of the licence holder to carry out the high
risk work covered by the licence if the regulator reasonably believes that the
licence holder may not be competent to carry out that work.
Examples
1 The training or competency assessment
of the licence holder did not meet the standard required to hold the licence.
2 The regulator receives information that
the licence holder has carried out high risk work incompetently.
Subdivision 3 Amendment of
licence document
96 Notice
of change of address
The licence holder of a high risk work licence must
give written notice to the regulator of a change of residential address, within
14 days of the change occurring.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
97 Licence
holder to return licence
If a high risk work licence is amended, the licence
holder must return the licence document to the regulator for amendment at the
written request of the regulator and within the time specified in the request.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
98 Replacement
licence document
(1) A licence holder must give written notice to the regulator
as soon as practicable if the licence document is lost, stolen or destroyed.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If a licence document is lost, stolen or destroyed, the
licence holder may apply to the regulator for a replacement document.
Note A licence holder is required to keep
the licence document available for inspection (see regulation 94).
(3) An application for a replacement licence document
must be made in the manner and form required by the regulator.
(4) The application must:
(a) include a declaration describing the
circumstances in which the original document was lost, stolen or destroyed; and
(b) be accompanied by the relevant fee.
Note See section 268 of the Act for
offences relating to the giving of false or misleading information under the
Act or these Regulations.
(5) The regulator must issue a replacement licence document
if satisfied that the original document was lost, stolen or destroyed.
(6) If the regulator refuses to issue a replacement licence
document, it must give the licence holder written notice of this decision,
including the reasons for the decision, within 14 days after making the
decision.
Note A decision to refuse to replace a licence
is a reviewable decision (see regulation 676).
99 Voluntary
surrender of licence
(1) A licence holder may voluntarily surrender the licence
document to the regulator.
(2) The licence expires on the surrender of the licence document.
Subdivision 4 Renewal of high
risk work licence
100 Regulator
may renew licence
The regulator may renew a high risk work licence on
application by the licence holder.
101 Application
for renewal
(1) An application for renewal of a high risk work
licence must be made in the manner and form required by the regulator.
(2) The application must include the following
information:
(a) the name and residential address of the
applicant;
(b) evidence of the applicant’s identity;
(c) a recent photograph of the applicant;
(d) a declaration by the applicant that he or she
has maintained his or her competency to carry out the high risk work, including
by obtaining any reassessment directed under regulation 95.
Note See section 268 of the Act for
offences relating to the giving of false or misleading information under the
Act or these Regulations.
(3) The application must be accompanied by the relevant
fee.
(4) The application must be made before the expiry of
the licence.
102 Licence
continues in force until application is decided
If a licence holder applies under regulation 101
for the renewal of a high risk work licence, the licence is taken to continue
in force from the day it would, apart from this regulation, have expired until
the licence holder is given notice of the decision on the application.
103 Renewal of expired licence
A person whose high risk work licence has expired
may apply for a renewal of that licence:
(a) within 12 months after the expiry of the
licence; or
(b) if the person satisfies the regulator that
exceptional circumstances exist — within any longer period that the
regulator allows.
Note 1 As the licence has expired,
the applicant cannot carry out the work covered by the licence until the
licence is renewed. An application made after a period referred to in paragraph
(a) or (b) would be an application for a new licence under regulation 87.
Note 2 See section 268 of the Act
for offences relating to the giving of false or misleading information under
the Act or these Regulations.
104 Provisions relating to renewal of licence
(1) For this Subdivision:
(a) regulation 88 applies as if a reference in
that regulation to an application for a licence were a reference to an
application to renew a licence; and
(b) regulations 89 (except subregulation (5)), 90
and 92 apply as if a reference in regulation 89 to the grant of a licence were
a reference to the renewal of a licence; and
(c) regulation 91 applies as if a reference in
that regulation to a refusal to grant a licence were a reference to a refusal
to renew a licence.
(2) The regulator may renew a
high risk work licence granted to a person under a corresponding WHS law unless
that licence is renewed under that law.
Note A refusal
to renew a licence is a reviewable decision (see regulation 676).
105 Status
of licence during review
(1) This regulation applies if the regulator gives a licence
holder written notice of its decision to refuse to renew the licence.
(2) If the licence holder does not apply for internal
review of the decision, the licence continues to have effect until the last of
the following events:
(a) the expiry of the licence;
(b) the end of the period for applying for an
internal review.
(3) If the licence holder applies for an internal
review of the decision, the licence continues to have effect until the earlier
of the following events:
(a) the licence holder withdraws the application
for review;
(b) the regulator makes a decision on the review.
(4) If the licence holder does not apply for an external
review, the licence continues to have effect until the end of the time for
applying for an external review.
(5) If the licence holder applies for an external
review, the licence continues to have effect until the earlier of the following
events:
(a) the licence holder withdraws the application
for review;
(b) the Administrative Appeals Tribunal makes a
decision on the review.
(6) The licence continues to have effect under this
regulation even if its expiry date passes.
Subdivision 5 Suspension and
cancellation of high risk work licence
106 Suspension
or cancellation of licence
(1) The regulator may suspend or cancel a high risk
work licence if satisfied about one or more of the following:
(a) the licence holder has failed to take
reasonable care to carry out the high risk work safely and competently;
(b) the licence holder has failed to obtain a
reassessment of competency directed under regulation 95;
(c) the licence holder, in the application for
the grant or renewal of the licence or on request by the regulator for additional
information:
(i) gave information that was false or
misleading in a material particular; or
(ii) failed to give any material
information that should have been given in that application or on that request;
(d) the licence was granted or renewed on the
basis of a certification that was obtained on the basis of the giving of false
or misleading information by any person or body or that was obtained improperly
through a breach of a condition of accreditation by the accredited assessor who
conducted the competency assessment.
(2) If the regulator suspends or cancels a licence, the
regulator may disqualify the licence holder from applying for:
(a) a further high risk work licence of the same
class; or
(b) another licence under these Regulations to carry
out work which requires skills that are the same as or similar to those
required for the work authorised by the licence that has been suspended or
cancelled.
Note A decision to suspend a licence, to
cancel a licence or to disqualify the licence holder from applying for a
further licence is a reviewable decision (see regulation 676).
107 Matters
taken into account
(1) In making a decision under regulation 106, the regulator
must have regard to:
(a) any submissions made by the licence holder under
regulation 108; and
(b) any advice received from a corresponding regulator.
(2) For paragraph 106 (1) (a), the regulator
must have regard to all relevant matters, including the following:
(a) any offence under:
(i) the Act, these Regulations or a
former law of the Commonwealth or a State that deals with occupational health
and safety; or
(ii) any corresponding WHS law;
of which the licence holder has been
convicted or found guilty
Note Division 3 of Part VIIC of the Crimes
Act 1914 provides that a person is not required to disclose a conviction
which is spent in accordance with that Act.
(b) in relation to any equivalent licence
applied for or held by the licence holder under a corresponding WHS law:
(i) any refusal to grant the licence;
and
(ii) any conditions imposed on the
licence, if granted; and
(iii) any suspension or cancellation of
the licence, if granted, including any disqualification from applying for any
licence;
(c) any enforceable undertaking the licence holder
has entered into under:
(i) the Act, these Regulations or a
former law of the Commonwealth or a State that deals with occupational health
and safety; or
(ii) any corresponding WHS law;
(d) the licence holder’s record in relation to
any matters arising under:
(i) the Act, these Regulations or a
former law of the Commonwealth or a State that deals with occupational health
and safety; or
(ii) any corresponding WHS law;
108 Notice to and submissions
by licence holder
Before suspending or cancelling a high risk work
licence, the regulator must give the licence holder a written notice of the
proposed suspension or cancellation and any proposed disqualification:
(a) outlining all relevant allegations, facts
and circumstances known to the regulator; and
(b) advising the licence holder that the licence
holder may, by a specified date (being not less than 28 days after giving the
notice), make a submission in relation to the proposed suspension or
cancellation and any proposed disqualification.
109 Notice
of decision
(1) The regulator must give the licence holder written
notice of a decision under regulation 106 to suspend or cancel a high risk work
licence within 14 days after making the decision.
(2) The notice must:
(a) state that the licence is to be suspended or
cancelled; and
(b) if the licence is to be suspended, state:
(i) when the suspension begins and
ends; and
(ii) the reasons for the suspension;
and
(iii) whether the licence holder is
required to undergo retraining or reassessment, or take any other action,
before the suspension ends; and
(iv) whether or not the licence holder
is disqualified from applying for a further licence during the suspension; and
(c) if the licence is to be cancelled, state:
(i) when the cancellation takes
effect; and
(ii) the reasons for the cancellation;
and
(iii) whether or not the licence holder
is disqualified from applying for a further licence; and
(d) if the licence holder is to be disqualified
from applying for a further licence, state:
(i) when the disqualification begins
and ends; and
(ii) the reasons for the
disqualification; and
(iii) whether or not the licence holder
is required to undergo retraining or reassessment, or take any other action,
before the disqualification ends; and
(iv) any other class of high risk work
licence or other licence under these Regulations the licence holder is
disqualified from applying for during the period of suspension or
disqualification; and
(e) state when the licence document must be
returned to the regulator.
110 Immediate
suspension
(1) The regulator may suspend a high risk work licence
on a ground referred to in regulation 106 without giving notice under
regulation 108 if satisfied that:
(a) work carried out under the high risk work
licence should cease because the work may involve an imminent serious risk to
the health or safety of any person; or
(b) a corresponding regulator has suspended an
equivalent licence held by the licence holder under this regulation as applying
in the corresponding jurisdiction.
(2) If the regulator decides to suspend a licence under
this regulation:
(a) the regulator must give the licence holder
written notice of the suspension and the reasons for the suspension; and
(b) the suspension of the licence takes effect on
the giving of the notice.
(3) The regulator must then:
(a) give notice under regulation 108 within 14
days after giving the notice under subregulation (2); and
(b) make its decision under regulation 106.
(4) If the regulator does not give notice under
subregulation (3), the suspension ends at the end of the 14 day period.
(5) If the regulator gives notice under subregulation
(3), the licence remains suspended until the decision is made under
regulation 106.
111 Licence
holder to return licence document
A licence holder, on receiving a notice under
regulation 109, must return the licence document to the regulator in accordance
with the notice.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
112 Regulator
to return licence document after suspension
When the period of suspension of a licence ends,
the regulator must return the licence document to the licence holder within 14
days after the licence suspension ends.
Part 4.6 Demolition
work
142 Notice of demolition work
(1) Subject to subregulation (4), a person conducting a
business or undertaking who proposes to carry out any of the following
demolition work must ensure that written notice is given to the regulator in
accordance with this regulation at least 5 days before the work commences:
(a) demolition of a structure, or a part of a structure
that is loadbearing or otherwise related to the physical integrity of the structure,
that is at least 6 metres in height;
(b) demolition work involving load shifting machinery
on a suspended floor;
(c) demolition work involving explosives.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note 1 See section 268 of the Act
for offences relating to the giving of false or misleading information under
the Act or these Regulations.
Note 2 Section 12F of the Act
provides that strict liability applies to each physical element of each offence
under the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
(2) The notice must be given in the manner and form required
by the regulator.
(3) Subregulation (4) applies to an emergency
service organisation in relation to demolition work carried out or proposed to
be carried out by an emergency service worker at the direction of the emergency
service organisation responding to an emergency.
(4) An emergency service organisation must give notice
under subregulation (1) as soon as practicable (whether before or after the
work is carried out).
(5) In this regulation a reference to the height of a
structure is a reference to the height of the structure measured from the
lowest level of the ground immediately adjacent to the base of the structure at
the point at which the height is to be measured to its highest point.
Part 4.7 General
Electrical Safety in Workplaces and Energised Electrical Work
Division 1 Preliminary
144 Meaning
of electrical equipment
(1) In this Part, electrical
equipment means any apparatus, appliance, cable, conductor,
fitting, insulator, material, meter or wire that:
(a) is used for controlling, generating,
supplying, transforming or transmitting electricity at a voltage greater than
extra‑low voltage; or
(b) is operated by electricity at a voltage
greater than extra‑low voltage; or
(c) is part of an electrical installation
located in an area in which the atmosphere presents a risk to health and safety
from fire or explosion; or
(d) is, or is part of, an active impressed
current cathodic protection system within the meaning of AS 2832.1:2004
(Cathodic protection of metals—Pipes and cables).
(2) In this Part, electrical
equipment does not include any apparatus, appliance, cable,
conductor, fitting, insulator, material, meter or wire that is part of a
vehicle that is a motor car or motorcycle if:
(a) the equipment is part of a unit of the
vehicle that provides propulsion for the vehicle; or
(b) the electricity source for the equipment is a
unit of the vehicle that provides propulsion for the vehicle.
145 Meaning
of electrical installation
(1) In this Part, electrical
installation means a group of items of electrical equipment
that:
(a) are permanently electrically connected
together; and
(b) can be supplied with electricity from the
works of an electricity supply authority or from a generating source.
(2) An item of electrical equipment may be part of more
than one electrical installation.
(3) In paragraph (1) (a):
(a) an item of electrical equipment connected to
electricity by a plug and socket outlet is not permanently electrically connected;
and
(b) connection achieved through using works of an
electricity supply authority is not a consideration in determining whether or
not electrical equipment is electrically
connected.
146 Meaning
of electrical work
(1) In this Part, electrical
work means:
(a) connecting electricity supply wiring to
electrical equipment or disconnecting electricity supply wiring from electrical
equipment; or
(b) installing, removing, adding, testing,
replacing, repairing, altering or maintaining electrical equipment or an
electrical installation.
(2) In this Part, electrical
work does not include the following:
(a) work that involves connecting electrical
equipment to an electricity supply by means of a flexible cord plug and socket
outlet;
(b) work on a non‑electrical component of
electrical equipment, if the person carrying out the work is not exposed to an
electrical risk;
Example
Painting electrical equipment
covers and repairing hydraulic components of an electrical motor.
(c) replacing electrical equipment or a
component of electrical equipment if that task can be safely performed by a
person who does not have expertise in carrying out electrical work;
Example
Replacing a fuse or a light
bulb.
(d) assembling, making, modifying or repairing
electrical equipment as part of a manufacturing process;
(e) building or repairing ducts, conduits or
troughs, where electrical wiring is or will be installed if:
(i) the ducts, conduits or troughs are
not intended to be earthed; and
(ii) the wiring is not energised; and
(iii) the work is supervised by:
(A) a person who is licensed
or permitted to perform electrical work under a law of a State relating to
electrical safety or occupational licensing; or
(B) a person who:
(I) is exempted
from a requirement to be licensed or permitted to perform electrical work under
a law of a State relating to electrical safety or occupational licensing; and
(II) has
acquired through training, qualification or experience the knowledge and skills
to carry out the work;
(f) locating or mounting electrical equipment,
or fixing electrical equipment in place, if this task is not performed in
relation to the connection of electrical equipment to an electricity supply;
(g) assisting an electrical worker who is licensed
or permitted to perform electrical work under a law of a State relating to
electrical safety or occupational licensing if:
(i) the assistant is directly
supervised by the electrical worker; and
(ii) the assistance does not involve
physical contact with any energised electrical equipment;
(h) assisting a person to acquire through
training, qualification or experience the knowledge and skills to carry out the
work, whether or not the person is exempted from the requirement to be licensed
or permitted to perform electrical work;
(i) carrying out electrical work, other than
work on energised electrical equipment, in order to meet eligibility
requirements in relation to becoming:
(i) an electrical worker who is licensed
or permitted to perform electrical work under a law of a State relating to
electrical safety or occupational licensing; or
(ii) an electrical worker who:
(A) is exempted from a
requirement to be licensed or permitted to perform electrical work under a law
of a State relating to electrical safety or occupational licensing; and
(B) has acquired through training,
qualification or experience the knowledge and skills to carry out the work.
Division 2 General risk management
147 Risk
management
A person conducting a business or undertaking at a
workplace must manage risks to health and safety associated with electrical
risks at the workplace, in accordance with Part 3.1.
Example
Electrical risks associated with the design, construction,
installation, protection, maintenance and testing of electrical equipment and
electrical installations at a workplace.
Note WHS Act — section 19 (see
regulation 9).
Division 3 Electrical equipment and electrical installations
148 Electrical
equipment and electrical installations to which this Division applies
In this Division, a reference to electrical
equipment or an electrical installation in relation to a
person conducting a business or undertaking is a reference to electrical
equipment or an electrical installation that is under the person’s management
or control.
149 Unsafe
electrical equipment
(1) A person conducting a business or undertaking at a
workplace must ensure that any unsafe electrical equipment at the workplace:
(a) is disconnected (or isolated) from its
electricity supply; and
(b) once disconnected (or isolated):
(i) is not reconnected until it is
repaired or tested and found to be safe; or
(ii) is replaced or permanently removed
from use.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) For this regulation, electrical equipment or a
component of electrical equipment is unsafe
if there are reasonable grounds for believing it to be unsafe.
150 Inspection
and testing of electrical equipment
(1) A person conducting a business or undertaking at a
workplace must ensure that electrical equipment is regularly inspected and
tested by a competent person if the electrical equipment is:
(a) supplied with electricity through an
electrical socket outlet; and
(b) used in an environment in which the normal use
of electrical equipment exposes the equipment to operating conditions that are likely
to result in damage to the equipment or a reduction in its expected life span, including
conditions that involve exposure to moisture, heat, vibration, mechanical damage,
corrosive chemicals or dust.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) In the case of electrical equipment that is new and
unused at the workplace, the person conducting the business or undertaking:
(a) is not required to comply with subregulation
(1); and
(b) must ensure that the equipment is inspected for
obvious damage before being used.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note 1 However, electrical equipment
that is unsafe must not be used (see regulation 149).
Note 2 Section 12F of the Act provides
that strict liability applies to each physical element of each offence under
the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
(3) The person must ensure that a record of any testing
carried out under subregulation (1) is kept until the electrical equipment is:
(a) next tested; or
(b) permanently removed from the workplace or
disposed of.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The record of testing:
(a) must specify the following:
(i) the name of the person who carried
out the testing;
(ii) the date of the testing;
(iii) the outcome of the testing;
(iv) the date on which the next testing
must be carried out; and
(b) may be in the form of a tag attached to the
electrical equipment tested.
151 Untested
electrical equipment not to be used
A person conducting a business or undertaking must
ensure, so far as is reasonably practicable, that electrical equipment is not
used if the equipment:
(a) is required to be tested under regulation
150; and
(b) has not been tested.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 4 Electrical work on energised electrical equipment
152 Application
of Division 4
This Division does not apply to work carried out by
or on behalf of an electricity supply authority on the electrical equipment,
including electric line‑associated equipment, controlled or operated by the
authority to generate, transform, transmit or supply electricity.
153 Persons
conducting a business or undertaking to which this Division applies
In
this Division (except regulations 156, 159 and 160), a reference to a person conducting a business
or undertaking in relation to electrical work is a reference to
the person conducting the business or undertaking who is carrying out the electrical
work.
154 Electrical
work on energised electrical equipment — prohibited
Subject to this Division, a person conducting a business
or undertaking must ensure that electrical work is not carried out on electrical
equipment while the equipment is energised.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
155 Duty
to determine whether equipment is energised
(1) A person conducting a business or undertaking must
ensure that, before electrical work is carried out on electrical equipment, the
equipment is tested by a competent person to determine whether or not it is
energised.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 Regulation
157 allows electrical testing to be carried out on electrical equipment for the
purposes of this regulation. Regulation 161 sets out how the testing is to be
carried out.
Note 2 Section 12F of the Act
provides that strict liability applies to each physical element of each offence
under the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
(2) The person conducting a business or undertaking
must ensure that:
(a) each exposed part is treated as energised
until it is isolated and determined not to be energised; and
(b) each high‑voltage exposed part is earthed
after being de‑energised.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
156 De‑energised
equipment must not be inadvertently re‑energised
A person conducting a business or undertaking must
ensure that electrical equipment that has been de‑energised to allow electrical
work to be carried out on it is not inadvertently re‑energised while the work
is being carried out.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
157 Electrical
work on energised electrical equipment — when permitted
(1) A person conducting a business or undertaking must
ensure that electrical work on energised electrical equipment is not carried
out unless:
(a) it is necessary in the interests of health
and safety that the electrical work is carried out on the equipment while the
equipment is energised; or
Example
It may be necessary that life‑saving
equipment remain energised and operating while electrical work is carried out
on the equipment.
(b) it is necessary that the electrical equipment
to be worked on is energised in order for the work to be carried out properly;
or
(c) it is necessary for the purposes of testing
required under regulation 155; or
(d) there is no reasonable alternative means of
carrying out the work.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The electrical work that may be carried out under
paragraph (1) (a), (b) or (d) may include testing of the energised electrical
equipment.
158 Preliminary
steps
(1) A person conducting a business or undertaking must
ensure the following before electrical work on energised electrical equipment
commences:
(a) a risk assessment is conducted in relation
to the proposed electrical work;
(b) the area where the electrical work is to be carried
out is clear of obstructions so as to allow for easy access and exit;
(c) the point at which the electrical equipment
can be disconnected or isolated from its electricity supply is:
(i) clearly marked or labelled; and
(ii) clear of obstructions so as to
allow for easy access and exit by the worker who is to carry out the electrical
work or any other competent person; and
(iii) capable of being operated quickly;
(d) the person authorises the electrical work after
consulting with the person with management or control of the workplace.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) For paragraph (1) (a), the risk assessment
must be:
(a) conducted by a competent person; and
(b) recorded.
Note Regulation 12 permits risk
assessments to be conducted, in certain circumstances, to a class of hazards,
tasks, things or circumstances.
(3) Paragraph (1) (c) does not apply to electrical
work on electrical equipment if:
(a) the work is to be carried out on the supply side
of the main switch on the main switchboard for the equipment; and
(b) the point at which the equipment can be
disconnected from its electricity supply is not reasonably accessible from the
work location.
159 Unauthorised
access to equipment being worked on
A person conducting a business or undertaking must
ensure that only persons authorised by the person conducting the business or
undertaking enter the immediate area in which electrical work on energised electrical
equipment is being carried out.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
160 Contact
with equipment being worked on
A person conducting a business or undertaking must
ensure that, while electrical work is being carried out on energised electrical
equipment, all persons are prevented from creating an electrical risk by
inadvertently making contact with an exposed energised component of the
equipment.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
161 How
the work is to be carried out
(1) A person conducting a business or undertaking must
ensure that electrical work on energised electrical equipment is carried out:
(a) by a competent person who has tools,
testing equipment and personal protective equipment that:
(i) are suitable for the work; and
(ii) have been properly tested; and
(iii) are maintained in good working
order; and
(b) in accordance with a safe work method
statement prepared for the work; and
(c) subject to subregulation (5), with a safety observer
present who has the competence and qualifications specified in subregulation
(4).
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person conducting a business or undertaking must
ensure, so far as is reasonably practicable, that the person who carries out
the electrical work uses the tools, testing equipment and personal protective
equipment properly.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) For paragraph (1) (b), the safe work method
statement must:
(a) identify the electrical work; and
(b) specify hazards associated with that
electrical work and risks associated with those hazards; and
(c) describe the measures to be implemented to
control the risks; and
(d) describe how the risk control measures are to
be implemented, monitored and reviewed.
(4) For paragraph (1) (c):
(a) the safety observer must be competent:
(i) to implement control measures in
an emergency; and
(ii) to rescue the worker who is
carrying out the work, if necessary; and
(b) the safety observer must have been assessed
in the previous 12 months as competent to rescue and resuscitate a person.
(5) A safety observer is not required if:
(a) the work consists only of testing; and
(b) the person conducting the business or undertaking
has conducted a risk assessment under regulation 158 (1) (a)
that shows that there is no serious risk associated with the proposed work.
162 Record
keeping
(1) This regulation applies if a person conducting a business
or undertaking prepares:
(a) a risk assessment under regulation 158; or
(b) a safe work method statement under regulation
161.
(2) Subject to subregulation (3), the person must keep:
(a) a copy of the risk assessment until at least
28 days after the work to which it relates is completed; and
(b) a copy of the safe work method statement
until the work to which it relates is completed.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) If a notifiable incident occurs in connection with
the work to which the assessment or statement relates, the person must keep the
assessment or statement (as applicable) for at least 2 years after the incident
occurs.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person must ensure that, for the period for which
the assessment or statement must be kept under this regulation, a copy is
readily accessible to any worker engaged by the person to carry out electrical
work to which the assessment or statement relates.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) The person must ensure that, for the period for
which the assessment or statement must be kept under this regulation, a copy is
available for inspection under the Act.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 5 Electrical equipment and installations and construction work —
additional duties
163 Duty
of person conducting business or undertaking
(1) A person conducting a business or undertaking that
includes the carrying out of construction work must comply with AS/NZS
3012:2010 (Electrical installations—Construction and demolition sites).
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) For subregulation (1), AS/NZS 3012:2010 (Electrical
installations—Construction and demolition sites) applies as if any term that is
defined in that Standard and that is also defined in the Act or these
Regulations has the same meaning as it has in the Act or these Regulations.
(3) If any requirement in AS/NZS 3012:2010 (Electrical
installations—Construction and demolition sites) deals with the same matter as
a requirement under this Part, it is sufficient that the person conducting the
business or undertaking complies with the requirement in AS/NZS 3012:2010 as
modified by subregulation (2).
Division 6 Residual current devices
164 Use
of socket outlets in hostile operating environment
(1) This regulation applies in the following
circumstances:
(a) electrical equipment is used in an
environment in which the normal use of electrical equipment exposes the equipment
to operating conditions that are likely to result in damage to the equipment or
a reduction in its expected life span, including conditions that involve
exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals
or dust;
(b) electrical equipment is moved between
different locations in circumstances where damage to the equipment or to a
flexible electricity supply cord is reasonably likely;
(c) electrical equipment is frequently moved
during its normal use;
(d) electrical equipment forms part of, or is
used in connection with, an amusement device.
(2) In a circumstance set out in subregulation (1), a
person conducting a business or undertaking at a workplace must ensure, so far
as is reasonably practicable, that any electrical risk associated with the
supply of electricity to the electrical equipment through a socket outlet is
minimised by the use of an appropriate residual current device.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) Without limiting subregulation (2), the residual
current device must have a tripping current that does not exceed 30 milliamps
if electricity is supplied to the equipment through a socket outlet not
exceeding 20 amps.
(4) Subregulation (2) does not apply if the supply of
electricity to the electrical equipment:
(a) does not exceed 50 volts alternating
current; or
(b) is direct current; or
(c) is provided through an isolating transformer
that provides at least an equivalent level of protection; or
(d) is provided from a non‑earthed socket outlet
supplied by an isolated winding portable generator that provides at least an
equivalent level of protection.
Note 1 This regulation commences on
1 January 2013 (see subregulation 2 (2)).
Note 2 Relevant electricity safety
legislation of the State will also apply to the person conducting the business
or undertaking.
165 Testing
of residual current devices
(1) A person with management or control of a workplace
must take all reasonable steps to ensure that residual current devices used at the
workplace are tested regularly by a competent person to ensure that the devices
are operating effectively.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person must keep a record of all testing of a residual
current device (other than any testing conducted daily) until the earlier of
the following occurs:
(a) the device is next tested;
(b) the device is permanently removed from use.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 7 Overhead and underground electric lines
166 Duty
of person conducting a business or undertaking
(1) A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, that no person,
plant or thing at the workplace comes within an unsafe distance of an overhead
or underground electric line.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If it is not reasonably practicable to ensure the safe
distance of a person, plant or thing from an overhead or underground electric
line, the person conducting the business or undertaking at the workplace must
ensure that:
(a) a risk assessment is conducted in relation
to the proposed work; and
(b) control measures implemented are consistent with:
(i) the risk assessment; and
(ii) if an electricity supply authority
is responsible for the electric line, any requirements of the authority.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 Relevant electricity safety
legislation of the State will also apply to the person conducting the business
or undertaking.
Note 2 Section 12F of the Act
provides that strict liability applies to each physical element of each offence
under the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
Part 4.8 Diving
Work
Division 1 Preliminary
167 Purpose
of Part 4.8
The purpose of this Part is to impose duties on a person
carrying out a business or undertaking at a workplace to ensure:
(a) the fitness and competence of persons who carry
out general diving work and high risk diving work; and
(b) the health and safety of persons who carry out
general diving work and high risk diving work; and
(c) the health and safety of other persons at workplaces
where general diving work or high risk diving work is carried out.
Division 2 General diving work — Fitness and competence of worker
168 Person
conducting business or undertaking must ensure fitness of workers
(1) A person conducting a business or undertaking at a
workplace must not direct or allow a worker to carry out general diving work or
undergo training for general diving work unless the worker holds a current
certificate of medical fitness.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person must not direct or allow a worker to
carry out general diving work or undergo training for diving work unless the
work or training complies with any conditions on the current certificate of
medical fitness of the worker.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
169 Certificate
of medical fitness
A certificate of medical fitness must:
(a) be issued by a registered medical
practitioner with appropriate training in underwater medicine; and
(b) state the following:
(i) the name of the person to whom it
is issued;
(ii) its date of issue and its expiry
date;
(iii) whether or not the person to whom
it is issued is, in accordance with the fitness criteria, medically fit to
carry out diving work;
(iv) any conditions in relation to the
type of diving work the person to whom it is issued is fit to carry out, or the
circumstances in which the person is fit to carry out general diving work,
including, in the case of a person who is under 18 years of age, any particular
conditions applicable to the age of the person.
170 Duty
to keep certificate of medical fitness
A person conducting a business or undertaking at a
workplace must keep the certificate of medical fitness of a worker who carries
out general diving work for 1 year after the work is carried out.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
171 Competence
of worker — general diving work
A person must not carry out general diving work (other
than incidental diving work and limited scientific diving work) unless:
(a) the person has one or more of the following
qualifications:
(i) a statement of attainment for a
specified VET course for general diving work that includes the type of general
diving work to be carried out by the person;
(ii) a certificate for general diving
work, issued by a training organisation, that mentions the subject areas
covered in AS/NZS 4005.2:2000 (Training and certification of recreational
divers—Recreational SCUBA dive supervisor); and
(b) the person has, through training, qualification
or experience, acquired sound knowledge and skill in relation to the following:
(i) the application of diving physics;
(ii) the use, inspection and
maintenance of diving equipment (including emergency equipment) and air supply
of the type to be used in the proposed general diving work;
(iii) the use of decompression tables or
dive computers;
(iv) dive planning;
(v) ways of communicating with another
diver and with persons at the surface during general diving work;
(vi) how to safely carry out general
diving work of the type proposed to be carried out;
(vii) diving physiology and first aid.
Note See section 44 of the Act.
172 Competence
of worker — incidental diving work
(1) A person must not carry out incidental diving work
unless the person has:
(a) the training, qualification or experience referred
to in paragraph 171 (b); and
(b) relevant diving experience.
Note See section 44 of the Act.
(2) In this regulation, a person has relevant diving experience
if the person has logged at least 15 hours of diving, of which at least 8 hours
and 20 minutes were spent diving between 10 metres above and any depth below
the maximum depth at which the diving work is to be carried out.
173 Competence
of worker — limited scientific diving work
(1) A person who is not permanently resident in
Australia must not carry out limited scientific diving work unless the person
has:
(a) the training, qualification or experience
referred to in paragraph 171 (b); and
(b) relevant diving experience, including
relevant diving experience obtained outside Australia.
Note See section 44 of the Act.
(2) In this regulation, a person has relevant diving
experience if the person has logged at least 60 hours diving of
which at least 8 hours and 20 minutes were spent diving between 10 metres above
and any depth below the maximum depth at which the limited scientific diving
work is to be carried out.
174 Competence
of competent person supervising general diving work
A person appointed under regulation 177 must not
perform any function associated with that appointment unless the person has:
(a) the qualification specified in paragraph
171(a); and
(b) experience in the type of diving work to be
supervised.
Note See section 44 of the Act.
175 Evidence
of competence — duty of person conducting business or undertaking
(1) A person conducting a business or undertaking at a
workplace must not direct or allow a worker to carry out general diving work
unless the person sees written evidence provided by the worker that the worker
has the relevant competence required under this Division.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A person conducting as business or undertaking at a
workplace must not direct or allow a person appointed under regulation 177 to
perform any of the functions associated with that appointment unless the person
conducting the business or undertaking sees written evidence provided by the
person appointed that the person appointed has the competence required under
regulation 174.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides
that strict liability applies to each physical element of each offence under
the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
(3) A person conducting a business or undertaking must
keep the written evidence given to the person:
(a) under subregulation (1) — for at least
1 year after the diving work is carried out;
(b) under subregulation (2) — for at least 1
year after the last occasion on which the person performs a function associated
with the appointment.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 3 Managing risks — general diving work
176 Management
of risks to health and safety
(1) A person conducting a business or undertaking at a
workplace must manage risks to health and safety associated with general diving
work, in accordance with Part 3.1.
Note WHS Act — section 19 (see
regulation 9).
(2) A person conducting a business or undertaking must
ensure that a risk assessment is conducted by a competent person for
subregulation (1).
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure that a risk assessment conducted
under subregulation (2) is recorded in writing.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
177 Appointment
of competent person to supervise diving work
A person conducting a business or undertaking at a
workplace must appoint one or more competent persons to:
(a) supervise general diving work carried out in
the business or undertaking; and
(b) perform other functions under this Division.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note 1 See regulation 174 for the
qualifications of the competent person.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
178 Additional
control — dive plan
(1) A person conducting a business or undertaking at a
workplace must not direct or allow general diving work to be carried out unless
a dive plan for the dive:
(a) is prepared by a competent person appointed under
regulation 177; or
(b) has been prepared by a competent person appointed
under regulation 177 on an earlier occasion for a similar dive.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A dive plan must state the following:
(a) the method of carrying out the diving work to
which it relates;
(b) the tasks and duties of each person involved in
the dive;
(c) the diving equipment, breathing gases and procedures
to be used in the dive;
(d) as applicable, dive times, bottom times and decompression
profiles;
(e) hazards relating to the dive and measures to
be implemented in the control of risks associated with those hazards;
(f) emergency procedures.
179 Dive
plan must be complied with
(1) A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, that general diving
work is carried out in accordance with the dive plan prepared for it.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A person conducting a business or undertaking must
ensure that a competent person appointed by the person under regulation 177
gives workers instruction in relation to the dive plan before commencing the
diving work to which the plan relates.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
180 Additional
control — dive safety log to be kept
A person conducting a business or undertaking at a
workplace where general diving work is carried out must keep a dive safety log
that contains the following information about each dive carried out by a
worker:
(a) the name of the worker who carries out the dive;
(b) the name of any other person with whom the dive
is carried out;
(c) the name of the competent person appointed
under regulation 177 to supervise the diving work;
(d) the date and location of the dive;
(e) the time each diver enters and leaves the
water;
(f) the maximum depth of the dive;
(g) any incident, difficulty, discomfort or
injury that occurs or is experienced during the dive;
(h) if the dive was carried out using a dive
computer — the dive time;
(i) if the dive was carried out using dive
tables — the repetitive dive group, if available, and either the bottom
time or the dive time;
(j) if the repetitive group and surface interval
result in a repetitive factor — the surface interval and the repetitive
factor;
(k) if the dive is carried out using EANx:
(i) the oxygen content of the EANx;
and
(ii) the maximum operating depth of the
EANx;
(l) if the dive is carried out using mixed gas:
(i) the oxygen content and the
nitrogen content (if any) of the gas; and
(ii) the maximum operating depth of the
mixed gas; and
(iii) the minimum operating depth of the
bottom mix.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
181 Use
of dive safety log
(1) This regulation applies to a person conducting a
business or undertaking at a workplace where general diving work is carried
out.
(2) The person conducting the business or undertaking
must ensure that, after each dive carried out in connection with the general
diving work is completed, the return of each diver is verified in the dive
safety log, as soon as practicable after the return, by:
(a) the diver; and
(b) a competent person appointed under regulation
177 to supervise the diving work.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) If workers are carrying out general diving work
from a vessel, the person conducting the business or undertaking must ensure
that a competent person appointed under regulation 177 to supervise the diving
work makes and verifies entries in the dive safety log of the number of workers
and other persons on board the vessel:
(a) before the diving work commences; and
(b) before the vessel leaves the location after
the diving work is completed.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person conducting the business or undertaking
must ensure that the dive safety log is kept for at least 1 year after the last
entry is made.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) In this regulation, an event is verified
in the dive safety log:
(a) by signing; or
(b) if the log is electronic, by entering the
verifier’s unique identifier.
182 Record
keeping
(1) This regulation applies if a person conducting a
business or undertaking prepares:
(a) a risk assessment under regulation 176; or
(b) a dive plan under regulation 178.
(2) Subject to subregulation (3), the person must keep:
(a) a copy of the risk assessment until at least
28 days after the work to which it relates is completed; and
(b) a copy of the dive plan until the work to
which it relates is completed.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) If a notifiable incident occurs in connection with
the work to which the assessment or dive plan relates, the person must keep the
assessment or dive plan (as applicable) for at least 2 years after the incident
occurs.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person must ensure that, for the period for which
the assessment or dive plan must be kept under this regulation, a copy is
readily accessible to any worker engaged by the person to carry out the work to
which the assessment or dive plan relates.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) The person must ensure that, for the period for which
the assessment or dive plan must be kept under this regulation, a copy is
available for inspection under the Act.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 4 High risk diving work
183 Duties
of person conducting business or undertaking
(1) A person conducting a business or undertaking at a
workplace where high risk diving work is carried out must ensure that the
following are in accordance with AS/NZS 2299.1:2007 (Occupational diving
operations—Standard operational practice):
(a) the fitness of persons carrying out the
work;
(b) the competence of persons carrying out the
work;
Note See
section 44 of the Act.
(c) the carrying out of the work.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the Act,
unless otherwise stated. The reference in section 12F of the Act includes these
Regulations.
(2) The Regulator may approve a standard for the
carrying out of high risk diving work by a member of the Defence Force.
(3) If a standard approved by the Regulator is in
force:
(a) subregulation (1) does not apply; and
(b) a person conducting a business or
undertaking at a workplace where high risk diving work is carried out by a
member of the Defence Force must ensure that the following are in accordance with
that standard:
(i) the fitness of persons carrying
out the work;
(ii) the competence of persons carrying
out the work;
Note See
section 44 of the Act.
(iii) the carrying out of the work.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
184 Duty
of worker — competence
(1) A person must not carry out high risk diving work unless
the person has the qualifications, knowledge, skills and experience required by
AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice)
for work of the kind to be carried out by the person.
Note See section 44 of the Act.
(2) However, if a standard approved by the Regulator
under subregulation 183 (2) is in force:
(a) subregulation (1) does not apply; and
(b) a member of the Defence Force must not carry
out high risk diving work unless the member has the qualifications, knowledge,
skills and experience required by that standard for the high risk diving work.
Note See section 44 of the Act.
Chapter 5 Plant and structures
Part 5.1 General duties for plant and structures
Note In some jurisdictions, provisions
will be included in Schedule 1 to the Act to extend the operation of this Part
to plant outside the workplace.
Division 1 Preliminary
185 Application
of Part 5.1 to plant
(1) Subject to this regulation, and unless the contrary
intention appears, this Part applies to:
(a) the design, manufacture, importation,
supply, installation, construction and commissioning of plant; and
(b) the use, repair or disposal of plant, whether
manufactured before, on or after 1 January 2012; and
(c) the hazard identification, risk assessment
and control or risk in relation to plant, whether manufactured before, on or
after 1 January 2012.
(2) Subject to subregulation (3), this Part does not apply
to plant that:
(a) relies exclusively on manual power for its operation;
and
(b) is designed to be primarily supported by hand.
(3) This Part applies to explosive power tools that are designed
to be supported by hand.
186 Application
of Part 5.1 to structures
This Part applies to structures as provided in this
Part.
Division 2 Duties of persons conducting businesses or undertakings that
design plant
187 Provision
of information to manufacturer
A designer of plant must ensure, when the design of
the plant is made available to the manufacturer of the plant, that the
manufacturer is provided with:
(a) information to enable the plant to be
manufactured in accordance with the design specifications; and
(b) if applicable, information about:
(i) the installation, commissioning,
decommissioning, use, handling, storage and, if the plant is capable of being
dismantled, dismantling of the plant; and
(ii) the hazards and risks associated
with the use of the plant that the designer has identified; and
(iii) testing or inspections to be
carried out on the plant; and
(iv) the systems of work and competency
of operators that are necessary for the safe use of the plant; and
(v) the emergency procedures (if any)
that are required to be implemented if there is a malfunction of the plant.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note 1 A designer also has duties
under section 22 of the Act.
Note 2 Section 12F of the Act
provides that strict liability applies to each physical element of each offence
under the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
188 Hazard
identified in design during manufacture
If a manufacturer of plant advises the designer of
the plant that there is a hazard in the design of plant for which the designer
has not provided a control measure, the designer must:
(a) revise the information originally supplied
to the manufacturer to ensure that:
(i) the risk is eliminated so far as
is reasonably practicable; or
(ii) if it is not reasonably
practicable to eliminate the risk, the risk is minimised so far as is
reasonably practicable; or
(b) notify the manufacturer, in writing, that the
designer is of the opinion that it is not necessary to revise the information
originally supplied to the manufacturer to ensure compliance with this Part.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note 1 A designer also has duties
under section 22 of the Act.
Note 2 Section 12F of the Act
provides that strict liability applies to each physical element of each offence
under the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
189 Guarding
(1) This regulation applies if a designer of plant uses guarding
as a measure to control risk.
(2) The designer must ensure, so far as is reasonably practicable,
that the guarding designed for that purpose will prevent access to the danger
point or danger area of the plant.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The designer must ensure that:
(a) if access to the area of the plant requiring
guarding is not necessary during operation, maintenance or cleaning of the
plant — the guarding is a permanently fixed physical barrier; or
(b) if access to the area of the plant requiring guarding
is necessary during operation, maintenance or cleaning of the plant — the guarding
is an interlocked physical barrier that allows access to the area being guarded
at times when that area does not present a risk and prevents access to that
area at any other time; or
(c) if it is not reasonably practicable to use guarding
referred to in paragraph (a) or (b) — the guarding used is a physical barrier
that can only be altered or removed by the use of tools; or
(d) if it is not reasonably practicable to use guarding
referred to in paragraph (a), (b) or (c) — the design includes a presence‑sensing
safeguarding system that eliminates any risk arising from the area of the plant
requiring guarding while a person or any part of a person is in the area being
guarded.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The designer must ensure that the guarding is designed:
(a) to be of solid construction and securely mounted
so as to resist impact or shock; and
(b) to make bypassing or disabling of the guarding,
whether deliberately or by accident, as difficult as is reasonably practicable;
and
(c) so as not to cause a risk in itself.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) If the plant to be guarded contains moving parts and
those parts may break or cause workpieces to be ejected from the plant, the
designer must ensure, so far as is reasonably practicable, that the guarding
will control any risk from those broken or ejected parts and workpieces.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(6) Despite anything to the contrary in this
regulation, the designer must ensure:
(a) that the guarding is of a kind that can be
removed to allow maintenance and cleaning of the plant at any time that the
plant is not in normal operation; and
(b) if the guarding is removed, that, so far as
is reasonably practicable, the plant cannot be restarted unless the guarding is
replaced.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
190 Operational
controls
(1) A designer of plant must ensure that the design
provides for any operator’s controls for the plant to be:
(a) identified on the plant so as to indicate
their nature and function and direction of operation; and
(b) located so as to be readily and conveniently
operated by each person using the plant; and
(c) located or guarded to prevent unintentional
activation; and
(d) able to be locked into the ‘off’ position to
enable the disconnection of all motive power.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If the need for plant to be operated during
maintenance or cleaning cannot be eliminated, the designer of the plant must
ensure that the design provides for operator’s controls that:
(a) permit operation of the plant while a person
is undertaking the maintenance or cleaning of the plant; and
(b) while the plant is being maintained or
cleaned, cannot be operated by any person other than the person who is carrying
out the maintenance or cleaning of the plant; and
(c) will allow operation of the plant in such a
way that any risk associated with the activities in relation to any person who
is carrying out the maintenance or cleaning:
(i) is eliminated so far as is
reasonably practicable; or
(ii) if it is not reasonably
practicable to eliminate the risk, is minimised so far as is reasonably
practicable.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
191 Emergency
stop controls
(1) If plant is designed to be operated or attended by
more than one person and more than one emergency stop control is fitted, the
designer of the plant must ensure that the design provides for the multiple
emergency stop controls to be of the ‘stop and lock‑off’ type so that the plant
cannot be restarted after an emergency stop control has been used unless that
emergency stop control is reset.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If the design of the plant includes an emergency
stop control for the plant, the designer of the plant must ensure that the
design provides:
(a) for the stop control to be prominent,
clearly and durably marked and immediately accessible to each operator of the
plant; and
(b) for any handle, bar or push button associated
with the stop control to be coloured red; and
(c) that the stop control cannot be adversely
affected by electrical or electronic circuit malfunction.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
192 Warning
devices
(1) This regulation applies if the design of plant
includes an emergency warning device or it is necessary to include an emergency
warning device to minimise risk.
(2) The designer of the plant must ensure that the
design provides for the device to be positioned on the plant to ensure the
device will work to best effect.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 3 Duties of persons conducting businesses or undertakings that
manufacture plant
193 Control
of risk
(1) A manufacturer of plant must ensure the following:
(a) that the plant is manufactured and inspected
having regard to the information provided to the manufacturer by the designer
of the plant under the Act and these Regulations;
(b) if the information provided to the manufacturer
by the designer of the plant under the Act and these Regulations requires the
plant to be tested — that the plant is tested in accordance with that
information;
(c) if, during the manufacturing process, any hazard
is identified in the design of the plant for which the designer has not
provided a control measure:
(i) that the hazard is not
incorporated into the manufacture of the plant; and
(ii) that the designer of the plant is
given written notice of the hazard as soon as practicable; and
(iii) that all reasonable steps are
taken to consult with the designer of the plant in relation to the alteration
of the design to rectify the hazard.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A manufacturer of plant must ensure that, if it is
not possible to notify the designer of the hazard in accordance with
subregulation (1):
(a) the risk is eliminated, so far as is
reasonably practicable; or
(b) if it is not reasonably practicable to
eliminate the risk, the risk is minimised so far as is reasonably practicable.
Note WHS Act — section 23 (see
regulation 9).
(3) A manufacturer to whom paragraph (1) (c)
applies must not manufacture the plant until:
(a) the designer gives the manufacturer the
revised information or written instruction under regulation 188; or
(b) the manufacturer eliminates or minimises the
risk under subregulation (2).
Note WHS Act — section 23 (see
regulation 9).
(4) If the designer notifies a manufacturer of plant
under regulation 188, the manufacturer may proceed in accordance with the
designer’s original information.
194 Guarding
(1) A manufacturer of plant must ensure that guarding
used as a control measure is of solid construction and securely mounted so as
to resist impact or shock.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A manufacturer of plant must ensure:
(a) that any guarding used as a control measure
in relation to plant is of a kind that can be removed to allow maintenance and
cleaning of the plant at any time that the plant is not in normal operation;
and
(b) if the guarding is removed — that, so
far as is reasonably practicable, the plant cannot be restarted unless the
guarding is replaced.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
195 Information
must be obtained and provided
A manufacturer of plant must:
(a) take all reasonable steps to obtain the
information required to be provided to the manufacturer by the designer of the
plant under paragraphs 22 (4) (a) and (c) of the Act and regulations
187 and 188; and
(b) ensure that a person to whom the manufacturer
supplies the plant is, at the time of supply, provided with the information
provided to the manufacturer by the designer under paragraphs 22 (4) (a)
and (c) of the Act and regulation 187; and
(c) if the manufacturer acts in accordance with
regulation 193(1)(c), ensure that a person to whom the manufacturer
supplies the plant is provided with the information, applicable to the plant,
that is required to be provided by the designer under sections 22 (4) (a)
and (c) of the Act and regulation 188.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 4 Duties of persons conducting businesses or undertakings that
import plant
196 Information
to be obtained and provided by importer
An importer of plant must:
(a) take all reasonable steps to obtain:
(i) the information that would be
required to be provided by a manufacturer under paragraphs 23 (4) (a)
and (c) of the Act; and
(ii) the information that would be
required to be provided by the designer of the plant to the manufacturer under regulations
187 and 188; and
(b) give that information to any person to whom the
importer supplies the plant.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
197 Control
of risk
An importer of plant must:
(a) ensure that the plant is inspected having
regard to the information provided by the manufacturer; and
(b) if the information provided by the
manufacturer requires the plant to be tested — ensure that the plant is
tested in accordance with that information; and
(c) if any hazards are identified:
(i) ensure that the plant is not
supplied until the risks have been eliminated so far as is reasonably
practicable; and
(ii) if it is not reasonably
practicable to eliminate the risks, advise the person to whom the plant is
supplied of the risks; and
(d) take all reasonable steps to ensure that the
designer and manufacturer of the plant are consulted in relation to any
alteration made to the plant to control the risk.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 5 Duties of persons conducting businesses or undertakings that
supply plant
198 Information
to be obtained and provided by supplier
A supplier of plant must:
(a) take all reasonable steps to obtain the information
required to be provided by the manufacturer under paragraphs 23 (4) (a)
and (c) of the Act and these Regulations; and
(b) ensure that, when the plant is supplied, the person
to whom the plant is supplied is given the information obtained by the supplier
under paragraph (a).
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
199 Supply
of second‑hand plant — duties of supplier
(1) A supplier of second‑hand plant must ensure, so far
as is reasonably practicable, that any faults in the plant are identified.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A supplier of second‑hand plant must ensure that
the person to whom the plant is supplied is, before the plant is supplied,
given written notice:
(a) of the condition of the plant; and
(b) of any faults identified under subregulation
(1); and
(c) if appropriate, that the plant should not be
used until the faults are rectified.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes these
Regulations.
(3) This regulation does not apply to plant to be used for
scrap or spare parts.
200 Second‑hand
plant to be used for scrap or spare parts
A supplier of plant to be used for scrap or spare parts
must, before the plant is supplied, inform the person to whom the plant is
supplied, either in writing or by marking the plant, that the plant is being
supplied for scrap or spare parts and that the plant in its current form is not
to be used as plant.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 6 Duties of persons conducting businesses or undertakings that
install, construct or commission plant
201 Duties
of persons conducting businesses or undertakings that install, construct or
commission plant
(1) This regulation applies to a person who conducts a business
or undertaking that installs, constructs or commissions plant that is to be
used, or could reasonably be expected to be used, as, or at, a workplace.
(2) The person must ensure that the plant is installed,
constructed or commissioned having regard to:
(a) the information provided by the designer, manufacturer,
importer or supplier of the plant under the Act and these Regulations; or
(b) the instructions provided by a competent person
to the extent that those instructions relate to health and safety.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
202 Duties
of persons conducting businesses or undertakings that install, construct or
commission structures
(1) This regulation applies to a person who conducts a business
or undertaking that installs, constructs or commissions a structure that is to
be used, or could reasonably be expected to be used, as or at, a workplace.
(2) The person must ensure that the structure is installed,
constructed or commissioned having regard to:
(a) the information provided by the designer, manufacturer,
importer or supplier of the structure under the Act and these Regulations; or
(b) the instructions provided by a competent person
to the extent that those instructions relate to health and safety.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 7 General duties of persons conducting a business or
undertaking involving the management or control of plant
Note A person with management or control of
plant at a workplace is the person conducting a business or undertaking at the
workplace to the extent that the business or undertaking involves the
management or control of plant in whole or in part at the workplace. See the
definition of person
with management or control of plant at a workplace in
subregulation 5 (1) and section 21 of the Act.
Subdivision 1 Management of
risks
203 Management
of risks to health and safety
A person with management or control of plant at a workplace
must manage risks to health and safety associated with plant, in accordance
with Part 3.1.
Note WHS
Act — section 21 (see regulation 9).
Subdivision 2 Additional
control measures for general plant
204 Control
of risks arising from installation or commissioning
(1) A person with management or control of plant at a workplace
must not commission the plant unless the person has established that the plant
is, so far as is reasonably practicable, without risks to the health and safety
of any person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A person with management or control of plant at a
workplace must not decommission or dismantle the plant unless the
decommissioning or dismantling can be carried out, so far as is reasonably
practicable, without risks to the health and safety of any person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) A person with management or control of plant at a
workplace must ensure that a person who installs, assembles, constructs,
commissions or decommissions or dismantles the plant is a competent person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) A person with management or control of plant at a
workplace must ensure that a person who installs, assembles, constructs,
commissions or decommissions or dismantles the plant is provided with the
available information for eliminating or minimising risks to health or safety.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) A person with management or control of plant at a
workplace must ensure that the processes for the installation, construction,
commissioning, decommissioning and dismantling of plant include inspections
that ensure, so far as is reasonably practicable, that risks associated with
these activities are monitored.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
205 Preventing
unauthorised alterations to or interference with plant
The person with management or control of plant at a
workplace must, so far as is reasonably practicable, prevent alterations to or
interference with the plant that are not authorised by the person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
206 Proper
use of plant and controls
(1) The person with management or control of plant at a
workplace must take all reasonable steps to ensure that plant is used only for
the purpose for which it was designed, unless the person has determined that
the proposed use does not increase the risk to health or safety.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) In determining whether or not a proposed use of plant
increases the risk to health or safety, the person with management or control
of the plant must ensure that the risk associated with the proposed use is
assessed by a competent person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person with management or control of plant at a
workplace must take all reasonable steps to ensure that all health and safety
features and warning devices (including guarding, operational controls,
emergency stops and warning devices) are used in accordance with the
instructions and information provided by that person under regulation 39.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
207 Plant
not in use
The person with management or control of plant at a
workplace must ensure, so far as is reasonably practicable, that plant that is
not in use is left in a state that does not create a risk to the health or
safety of any person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
208 Guarding
(1) This regulation applies if guarding is used as a control
measure in relation to plant at a workplace.
(2) The person with management or control of the plant
must ensure that:
(a) if access to the area of the plant requiring
guarding is not necessary during operation, maintenance or cleaning of the
plant, the guarding is a permanently fixed physical barrier; or
(b) if access to the area of the plant requiring
guarding is necessary during operation, maintenance or cleaning of the plant,
the guarding is an interlocked physical barrier that allows access to the area
being guarded at times when that area does not present a risk and prevents
access to that area at any other time; or
(c) if it is not reasonably practicable to use
guarding referred to in paragraph (a) or (b), the guarding used is a physical
barrier that can only be altered or removed by the use of tools; or
(d) if it is not reasonably practicable to use
guarding referred to in paragraph (a), (b) or (c), the guarding includes a
presence‑sensing safeguarding system that eliminates any risk arising from the
area of the plant requiring guarding while a person or any part of a person is
in the area being guarded.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person with management or control of the plant
must ensure that the guarding:
(a) is of solid construction and securely
mounted so as to resist impact or shock; and
(b) makes bypassing or disabling of the guarding,
whether deliberately or by accident, as difficult as is reasonably practicable;
and
(c) does not create a risk in itself; and
(d) is properly maintained.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) If the plant to be guarded contains moving parts that
may break or cause workpieces to be ejected from the plant, the person with
management or control of the plant must ensure, so far as is reasonably
practicable, that the guarding will control any risk from those broken or
ejected parts and workpieces.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) Despite anything to the contrary in this
regulation, the person with management or control of the plant must ensure:
(a) that the guarding is of a kind that can be removed
to allow maintenance and cleaning of the plant at any time that the plant is
not in normal operation; and
(b) if guarding is removed, that, so far as is reasonably
practicable, the plant cannot be restarted unless the guarding is replaced.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
209 Guarding
and insulation from heat and cold
The person with management or control of plant at a
workplace must ensure, so far as is reasonably practicable, that any pipe or
other part of the plant associated with heat or cold is guarded or insulated so
that the plant is without risks to the health and safety of any person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
210 Operational
controls
(1) The person with management or control of plant at a
workplace must ensure that any operator’s controls are:
(a) identified on the plant so as to indicate
their nature and function and direction of operation; and
(b) located so as to be readily and conveniently
operated by each person using the plant; and
(c) located or guarded to prevent unintentional
activation; and
(d) able to be locked into the ‘off’ position to
enable the disconnection of all motive power.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If the need for plant to be operated during
maintenance or cleaning cannot be eliminated, the person with management or
control of the plant at a workplace must ensure that the operator’s controls:
(a) permit operation of the plant while a person
is undertaking the maintenance or cleaning of the plant; and
(b) while the plant is being maintained or cleaned,
either:
(i) cannot be operated by any person
other than the person who is carrying out the maintenance or cleaning of the
plant; or
(ii) if subparagraph (i) cannot be
complied with because the plant must be operated by a person other than the
person who is carrying out the maintenance or cleaning of the plant, cannot be operated
except by a person authorised by the person with management or control of the
plant for that purpose; and
(c) will allow operation of the plant in such a
way that any risk associated with the activities in relation to any person who
is carrying out the maintenance or cleaning:
(i) is eliminated so far as is
reasonably practicable; or
(ii) if it is not reasonably
practicable to eliminate the risk, is minimised so far as is reasonably
practicable.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
211 Emergency
stops
(1) If plant at a workplace is designed to be operated
or attended by more than one person and more than one emergency stop control is
fitted, the person with management or control of plant at the workplace must
ensure that the multiple emergency stop controls are of the ‘stop and lock‑off’
type so that the plant cannot be restarted after an emergency stop control has
been used unless that emergency stop control is reset.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If the design of plant at a workplace includes an
emergency stop control, the person with management or control of the plant at
the workplace must ensure that:
(a) the stop control is prominent, clearly and
durably marked and immediately accessible to each operator of the plant; and
(b) any handle, bar or push button associated
with the stop control is coloured red; and
(c) the stop control cannot be adversely
affected by electrical or electronic circuit malfunction.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
212 Warning
devices
(1) This regulation applies if the design of plant
includes an emergency warning device or it is necessary to include an emergency
warning device to minimise risk.
(2) The person with management or control of the plant
must ensure that the device is positioned on the plant to ensure that the
device will work to best effect.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
213 Maintenance
and inspection of plant
(1) The person with management or control of plant at a
workplace must ensure that the maintenance, inspection and, if necessary,
testing of the plant is carried out by a competent person.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The maintenance, inspection and testing must be
carried out:
(a) in accordance with the manufacturer’s
recommendations, if any; or
(b) if there are no manufacturer’s
recommendations, in accordance with the recommendations of a competent person;
or
(c) in relation to inspection, if it is not
reasonably practicable to comply with paragraph (a) or (b), annually.
Subdivision 3 Additional
control measures for certain plant
Note The person with management or
control of plant at a workplace is the person conducting a business or
undertaking at a workplace to the extent that the business or undertaking
involves the management or control of plant in whole or in part at the
workplace. See the definition of person
with management or control of plant at a workplace in
subregulation 5 (1) and section 21 of the Act.
214 Powered
mobile plant — general control of risk
The person with management or control of powered
mobile plant at a workplace must in accordance with Part 3.1, manage risks to
health and safety associated with the following:
(a) the plant overturning;
(b) things falling on the operator of the plant;
(c) the operator being ejected from the plant;
(d) the plant colliding with any person or thing;
(e) mechanical failure of pressurised elements
of plant that may release fluids that pose a risk to health and safety.
Note WHS Act — section 21 (see
regulation 9).
215 Powered
mobile plant — specific control measures
(1) This regulation applies to a person conducting a business
or undertaking with management or control of powered mobile plant at a
workplace.
(2) The person must ensure, so far as is reasonably practicable,
that a suitable combination of operator protective devices for the plant is provided,
maintained and used.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure, so far as is reasonably
practicable, that no person other than the operator rides on the plant unless
the person is provided with a level of protection that is equivalent to that
provided to the operator.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person must ensure that the plant does not
collide with pedestrians or other powered mobile plant.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) Without limiting subregulation (4), if there is a
possibility of the plant colliding with pedestrians or other powered mobile
plant, the person must ensure that the plant has a warning device that will
warn persons who may be at risk from the movement of the plant.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
216 Roll‑over
protection on tractors
(1) The person with management or control of a tractor
at a workplace must ensure that the tractor is not used unless it is securely
fitted with a rollover protective structure.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If a tractor is used in a place that is too low for
the tractor to work while it is fitted with a roll‑over protective structure,
the structure may be lowered or removed for the period during which the tractor
is used in such a situation (but only if other measures to minimise the risk of
roll‑over are in place).
(3) This regulation does not apply if the tractor is:
(a) installed in a fixed position, and in a
manner which would no longer permit it to be used as powered mobile plant; or
(b) a tractor with a mass of less than 560 kilograms
or a mass of 15 000 kilograms or more; or
(c) being used for a historical purpose or
activity.
(4) In this regulation:
historical purpose or activity, in relation
to the use of a tractor, includes an activity ancillary to a historical
activity.
Examples
1 Historical activity: a
historical display, parade, demonstration or re‑enactment.
2 Activity ancillary to a historical
activity: restoring, maintaining, modifying or housing a tractor used, or
to be used, for a historical activity.
roll‑over protective structure means a
structure designed to protect a tractor operator from injury if the tractor
rolls over in any direction.
Note Regulations 214 and 215 also apply
to a tractor.
217 Protective
structures on earthmoving machinery
(1) The person with management or control of earthmoving
machinery at a workplace must ensure that the machinery is not used unless it
is securely fitted with a protective structure.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) This regulation does not apply to earthmoving
machinery that has a weight of less than 1 500 kilograms (not including
attachments to the machinery) and is not designed to have a seated operator.
(3) In this regulation:
protective
structure means a structure designed to protect the operator
from injury if the machinery rolls over and from falling objects.
Note Regulations 214 and 215 also apply
to earthmoving machinery.
218 Industrial
lift trucks
(1) The person with management or control of an
industrial lift truck at a workplace must ensure that the truck is:
(a) equipped with lifting attachments that are suitable
for the load to be lifted or moved by the truck; and
(b) operated in a manner that ensures that the risks
to the operator of the truck and other persons at or near the workplace that
arise from systems of work and the environment in which the truck is used:
(i) are eliminated so far as is
reasonably practicable; or
(ii) if it is not reasonably
practicable to eliminate the risks, are minimised so far as is reasonably
practicable.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person with management or control of an industrial
lift truck at a workplace must ensure that the truck is not used to carry a
passenger unless:
(a) the truck is designed to carry a seated passenger;
and
(b) the passenger seat is:
(i) fitted with suitable seat
restraints; and
(ii) located within the zone of
protection that is provided by the operator protective device required to be
fitted to the industrial lift truck.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person with management or control of an industrial
lift truck at a workplace must take all reasonable steps to ensure that a
passenger in an industrial lift truck is seated in a seat that complies with paragraph
(2) (b).
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 Regulations 214 and 215 also
apply to an industrial lift truck.
Note 2 Section 12F of the Act
provides that strict liability applies to each physical element of each offence
under the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
219 Plant
that lifts or suspends loads
(1) This regulation applies in relation to plant that is
used to lift or suspend persons or things.
(2) The person with management or control of plant at a
workplace must ensure, so far as is reasonably practicable, that the plant used
is specifically designed to lift or suspend the load.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) If it is not reasonably practicable to use plant
that is specifically designed to lift or suspend the load, the person must
ensure that:
(a) the plant does not cause a greater risk to health
and safety than if specifically designed plant were used; and
(b) if the plant is lifting or suspending
persons, the use of the plant complies with regulation 220.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person must ensure that the lifting and
suspending is carried out:
(a) with lifting attachments that are suitable
for the load being lifted or suspended; and
(b) within the safe working limits of the plant.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) The person must ensure, so far as is reasonably
practicable, that no loads are suspended or travel over a person unless the
plant is specifically designed for that purpose.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(6) The person must ensure, so far as is reasonably
practicable, that loads are lifted or suspended in a way that ensures that the
load remains under control during the activity.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(7) The person must ensure, so far as is reasonably
practicable, that no load is lifted simultaneously by more than one item of
plant unless the method of lifting ensures that the load placed on each item of
plant does not exceed the design capacity of the plant.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
220 Exception —
plant not specifically designed to lift or suspend a person
(1) For paragraph 219 (3) (b), the person
with management or control of the plant at a workplace must ensure that:
(a) the persons are lifted or suspended in a
work box that is securely attached to the plant; and
(b) the persons in the work box remain
substantially within the work box while they are being lifted or suspended; and
(c) if there is a risk of a person falling from
a height, a safety harness is provided and worn by the person in order to
prevent, so far as is reasonably practicable, injury to the person as a result
of the fall; and
(d) means are provided by which the persons being
lifted or suspended can safely exit from the plant in the event of a failure in
its normal operation.
(2) This regulation does not apply to plant used in
connection with:
(a) the performance of stunt work; or
(b) the performance of acrobatics; or
(c) theatrical performances.
Note Part 4.4 (except regulation 79)
applies to the matters in subregulation (2).
221 Plant
used in connection with tree lopping
(1) Paragraphs 220 (1) (a) and (b) do not
apply in connection with tree lopping if:
(a) a risk assessment shows that lifting or suspending
a person in a harness with a crane to place the person in a tree to carry out
tree lopping does not create a greater risk to health or safety than using
plant specifically designed to lift a person or climbing a tree; and
(b) the tree lopping is carried out by a person
who is a competent person in the use of the harness referred to in paragraph
(a); and
(c) a crane is used to put the competent person
in the tree to lop it; and
(d) the crane has safety mechanisms that would
prevent the competent person from inadvertently falling; and
(e) while attached to the crane, the competent
person is in visual, audio or radio communication with the crane operator.
(2) In this regulation:
harness
means a work positioning harness that is designed and certified,
in accordance with AS/NZS 1891.1:2007 (Industrial fall‑arrest systems—Harnesses
and ancillary equipment), for the purpose of lifting and suspending a person.
222 Industrial
robots
(1) This regulation applies to a person with management
or control of an industrial robot or other remotely or automatically energised
plant at a workplace.
(2) The person must not direct or allow a worker to work
in the immediate vicinity of the plant if it could start without warning and
cause a hazard, unless suitable control measures are in place to control the
risks to health and safety.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides
that strict liability applies to each physical element of each offence under
the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
(3) If the remote or automatic energising of the plant could
lead to risks to health and safety, the person must ensure that access to the
area in the immediate vicinity of the plant is controlled at all times:
(a) by isolating the area; or
(b) by:
(i) providing interlocked guards; or
(ii) if a risk remains, providing
presence‑sensing devices; or
(iii) if a risk then remains, providing
permit to work systems.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
223 Lasers
(1) This regulation applies to the person with management
or control, at a workplace, of laser equipment that may create a risk to health
and safety.
(2) The person must ensure that laser equipment intended
for use on plant is designed, constructed and installed so as to prevent
accidental irradiation of any person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure that laser equipment on plant
is protected so that any operator of the plant or other person is not exposed
to direct radiation, radiation produced by reflection or diffusion or secondary
radiation.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person must ensure that the visual equipment used
for the observation or adjustment of laser equipment on plant does not cause a
risk to health or safety from laser rays.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) The person must ensure that the workers operating the
laser equipment are trained in the proper operation of the equipment.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(6) The person must ensure that Class 3B and Class 4 lasers
(within the meaning of AS 2397:1993—Safe use of lasers in the building and construction
industry) are not used in construction work.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
224 Pressure
equipment
(1) The person with management or control of pressure
equipment at a workplace must ensure that:
(a) the equipment is inspected on a regular
basis by a competent person; and
(b) any gas cylinder that is inspected is marked with
a current inspection mark showing the date of the most recent inspection.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person with management or control of gas cylinders
at a workplace that is a gas cylinder filling station must ensure that:
(a) a gas cylinder is not filled with gas unless
it bears a current inspection mark; and
(b) a gas cylinder is only filled with gas for which
that cylinder is designed.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
225 Scaffolds
(1) This regulation applies in relation to:
(a) a suspended scaffold; and
(b) a cantilevered scaffold; and
(c) a spur scaffold; and
(d) a hung scaffold; and
(e) any other scaffold from which a person or thing
could fall more than 4 metres.
(2) The person with management or control of a scaffold
at a workplace must ensure that the scaffold is not used unless the person
receives written confirmation from a competent person, who has inspected the
scaffold, that construction of the scaffold has been completed.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person with management or control of a scaffold
at a workplace must ensure that the scaffold and its supporting structure are
inspected by a competent person:
(a) before use of the scaffold is resumed after
an incident occurs that may reasonably be expected to affect the stability of
the scaffold; and
(b) before use of the scaffold is resumed after repairs;
and
(c) at least every 30 days.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) If an inspection indicates that a scaffold at a workplace
or its supporting structure creates a risk to health or safety, the person with
management or control of the scaffold must ensure that:
(a) any necessary repairs, alterations and additions
are made or carried out; and
(b) the scaffold and its supporting structure are
inspected again by a competent person before use of the scaffold is resumed.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) The person with management or control of a scaffold
at a workplace must ensure that unauthorised access to the scaffold is
prevented while the scaffold is incomplete or unattended.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Example
Danger tags and other warning signs.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
226 Plant
with presence‑sensing safeguarding system — records
(1) The person with management or control of plant with
a presence‑sensing safeguarding system at a workplace must keep a record of
safety integrity tests, inspections, maintenance, commissioning, decommissioning,
dismantling and alterations of the plant for the period set out in subregulation
(2).
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The record must be kept for:
(a) 5 years unless paragraph (b) applies; or
(b) the life of the plant or until the person relinquishes
control of the plant if the plant is registered plant or has been altered.
(3) The person must keep the record available for
inspection under the Act.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person must make the record available to any
person to whom the person relinquishes control of the plant.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Part 5.2 Additional
duties relating to registered plant and plant designs
Note 1 The person with management or
control of plant at a workplace is the person conducting a business or
undertaking at a workplace to the extent that the business or undertaking
involves the management or control of plant in whole or in part at the
workplace. See the definition of person
with management or control of plant at a workplace in
subregulation 5 (1) and section 21 of the Act.
Note 2 This Part applies in addition
to Part 5.1.
Note 3 In this Part, plant includes
a structure (see definition of plant
in subregulation 5 (1)).
Division 1 Application of Part 5.2
227 Application
of Part 5.2
This Part applies to:
(a) plant that is required to be registered
under Part 5.3; or
(b) plant the design of which is required to be registered
under Part 5.3.
Division 2 Duty of persons conducting a business or undertaking who
design plant to record plant design
228 Records
and information
If the design of plant is required to be
registered under Part 5.3, the designer of that plant must make a record that
contains:
(a) the method used to determine the control measures
for the plant and the control measures that result from that determination; and
(b) a copy of the information provided to a manufacturer
under section 22 of the Act in relation to that plant; and
(c) a copy of the information provided to a manufacturer
under regulation 187 in relation to that plant; and
(d) if applicable, a copy of the information provided
to a manufacturer under regulation 188 in relation to that plant.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
229 Record
of standards or engineering principles used
(1) If the design of plant is required to be registered under
Part 5.3, the designer of the plant must record any published technical
standard, including any part of a published technical standard, that was used
to design the plant.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If the designer of the plant has not used published technical
standards to design the plant, the designer must record any engineering principles
used to design the plant.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
230 Records
to be available for inspection
(1) A designer of plant must ensure that the records made
under regulations 228 and 229 are kept available for inspection under the Act.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A designer of plant must ensure that the records made
under regulations 228 and 229 are made available for inspection by the design
verifier of the plant design.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) A designer of plant must keep the records made under
regulations 228 and 229 for the design life of the plant.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 3 Duties of persons conducting a business or undertaking
231 Duty
of persons conducting businesses or undertakings that manufacture plant
A manufacturer must not supply plant specified in Part
1 of Schedule 5 unless the design of that plant is registered under Part 5.3.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
232 Duty
of persons conducting businesses or undertakings that import plant
An importer must not supply plant specified in Part
1 of Schedule 5 unless the design of that plant is registered under Part 5.3.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
233 Duty
of persons conducting businesses or undertakings that supply plant
A supplier must not supply plant specified in Part
1 of Schedule 5 unless the design of that plant is registered under Part 5.3.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
234 Duty
of persons conducting businesses or undertakings that commission plant
(1) This regulation applies to a person who conducts a business
or undertaking that commissions plant.
(2) The person must not commission an item of plant that
is specified in Part 2 of Schedule 5 for use in a workplace unless that item of
plant is registered under Part 5.3.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) Nothing in subregulation (2) prevents a person from
performing any necessary adjustments, tests or inspections as part of the
commissioning process before the plant is commissioned at a workplace.
Division 4 Duties of persons conducting a business or undertaking
involving the management or control of plant
Subdivision 1 Control measures
for registered plant
235 Major
inspection of registered mobile cranes and tower cranes
(1) This regulation applies to the person with
management or control of a registered mobile crane or tower crane at a
workplace.
(2) The person must ensure that the maintenance,
inspection and, if necessary, testing of the crane is carried out by a
competent person.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure that the crane is inspected:
(a) at the end of the design life recommended by
the manufacturer for the crane; or
(b) if there are no manufacturer’s
recommendations, in accordance with the recommendations of a competent person;
or
(c) if it is not reasonably practicable to
comply with paragraph (a) or (b), every 10 years from the date that the crane
was first commissioned or first registered, whichever occurred first.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) In this regulation, a competent person is a
person who:
(a) either:
(i) has the skills, qualifications,
competence and experience to inspect the plant; and
(ii) is registered under a law that
provides for the registration of professional engineers; or
(b) is determined by the regulator to be a
competent person.
(5) The regulator may, on the application of a person,
make a determination in relation to the person for paragraph (4) (b) if
the regulator considers that exceptional circumstances exist.
236 Lifts
(1) The person with management or control of a lift at
a workplace (including a person with management or control of maintenance of a
lift) must ensure that:
(a) if there is a risk of a person falling down
a lift well:
(i) secure barriers are provided to
prevent access to openings into the lift well by someone other than a person
who is performing work in the lift well; and
(ii) secure working platforms or
equivalent arrangements are provided for a person who is working in the lift
well to prevent a fall from height; and
(b) if there is a risk to a person working in a
lift well from objects falling onto that person — a secure barrier is
provided to prevent, so far as is reasonably practicable, falling objects from
striking the person or otherwise causing a risk.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person must ensure that there is a safe means of
entry to and exit from the base of the lift well.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure that there is fixed, in a
prominent place in the lift, a sign that states the safe working load specified
in the design of the lift.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
237 Records
of plant
(1) This regulation applies in relation to plant that is
required to be registered under Part 5.3.
(2) The person with management or control of the plant
at a workplace must keep a record of all tests, inspections, maintenance,
commissioning, decommissioning, dismantling and alterations of the plant for
the period set out in subregulation (3).
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The record must be kept for the period that the plant
is used or until the person relinquishes control of the plant.
(4) The person must keep the record available for inspection
under the Act.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) The person must make the record available to any person
to whom the person relinquishes control of the plant.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Subdivision 2 Control measures
for amusement devices
238 Operation
of amusement devices
(1) The person with management or control of an amusement
device at a workplace must ensure that the amusement device is operated only by
a person who has been provided with instruction and training in the proper
operation of the device.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person with management or control of an amusement
device at a workplace must ensure that:
(a) the amusement device is checked before it is
operated on each day on which it is to be operated; and
(b) the amusement device is operated without passengers
before it is operated with passengers on each day on which the amusement device
is to be operated; and
(c) the daily checks and operation of the amusement
device without passengers are properly and accurately recorded in a log book
for the amusement device.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
239 Storage
of amusement devices
(1) The person with management or control of an amusement
device at a workplace must ensure that the device is stored so as to be without
risk to health and safety.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person with management or control of an amusement
device at a workplace must ensure that a person who stores the device is a
competent person or is under the supervision of a competent person.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
240 Maintenance,
inspection and testing of amusement device
(1) The person with management or control of an
amusement device at a workplace must ensure that the maintenance, inspection
and, if necessary, testing of the amusement device is carried out:
(a) by a competent person; and
(b) in accordance with:
(i) the recommendations of the
designer or manufacturer or designer and manufacturer; or
(ii) if a maintenance manual for the
amusement device has been prepared by a competent person, the requirements of
the maintenance manual.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A person is not a competent person to carry out a
detailed inspection of an amusement device that includes an electrical installation
unless the person is qualified, or is assisted by a person who is qualified, to
inspect electrical installations.
241 Annual
inspection of amusement device
(1) The person with management or control of an
amusement device at a workplace must ensure that a detailed inspection of the
device is carried out at least once every 12 months by a competent person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) An inspection must include the following:
(a) a check of information about the operational
history of the amusement device since the last detailed inspection;
(b) a check of the log book for the amusement
device;
(c) a check that maintenance and inspections
have been undertaken under regulation 240;
(d) a check that any required tests have been
carried out, and that appropriate records have been maintained;
(e) a detailed inspection of the amusement
device to ensure compliance with the Act and these Regulations (including a
specific inspection of the critical components of the amusement device).
(3) The regulator may extend the date for an inspection
by up to 35 days if an inspection is scheduled to coincide with the same
event each year.
(4) If the date is extended under subregulation (3), the
new date is the date from which future annual inspections of the amusement
device are determined.
(5) In this regulation, a competent person is a
person who:
(a) either:
(i) has the skills, qualifications,
competence and experience to inspect the plant; and
(ii) is registered under a law that
provides for the registration of professional engineers; or
(b) is determined by the regulator to be a
competent person.
(6) The regulator may, on the application of a person,
make a determination in relation to the person for paragraph (5) (b) if
the regulator considers that exceptional circumstances exist.
242 Log
book and manuals for amusement device
(1) The person with management or control of an
amusement device at a workplace, in addition to complying with the record‑keeping
requirements of regulation 237, must ensure that:
(a) details of the erection or storage of the
amusement device (including the date of erection) are recorded in the log book
for the amusement device on each occasion on which it is erected or stored; and
(b) the log book and operating and maintenance
manuals for the amusement device are kept with the amusement device.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person with management or control of an amusement
device at a workplace must ensure that persons involved in the commissioning, installation,
use, storage and testing, and the decommissioning, dismantling and disposal, of
an amusement device are given:
(a) the log book for the amusement device in which
details concerning erection, storage, operation and maintenance of the
amusement device are recorded; and
(b) the operating and maintenance manuals for the
amusement device.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note 1 Subregulation 237 (5)
requires the person with management or control of the amusement device to give
the log book and maintenance records to the person being supplied with the
plant.
Note 2 Section 12F of the Act
provides that strict liability applies to each physical element of each offence
under the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
Part 5.3 Registration
of plant designs and items of plant
Note In this Part, plant includes
a structure (see definition of plant
in subregulation 5 (1)).
Division 1 Plant designs to be registered
243 Plant
design to be registered
If:
(a) an item of plant is specified in Part 1 of
Schedule 5; and
(b) the designer started (or started and
completed) designing the plant on or after 1 January 1996;
the design must be registered under this Part.
Note See section 42 of the Act.
244 Altered
plant designs to be registered
(1) If the design of an item of plant specified in Part
1 of Schedule 5 that is registered under this Part is altered, the altered
design must be registered under this Part.
Note See section 42 of the Act.
(2) In this regulation a reference to the alteration of
a design is a reference to an alteration that may affect health or safety.
245 Recognition
of designs registered by corresponding regulator
(1) A design of an item of plant is not required to be
registered under this Part if the design is registered under a corresponding
WHS law.
(2) A design referred to in subregulation (1) that is
altered is not required to be registered under this Part if the altered design
is registered by the corresponding regulator that registered the original
design.
Division 2 Items of plant to be registered
246 Items
of plant to be registered
(1) An item of plant specified in Part 2 of Schedule 5
must be registered under this Part.
Note See section 42 of the Act.
(2) The purpose of registering an item of plant is to
ensure that it is inspected by a competent person and is safe to operate.
247 Recognition
of plant registered by corresponding regulator
An item of plant is not required to be registered under
this Part if the plant is registered under a corresponding WHS law.
Division 3 Registration process for plant designs
248 Application
of Division 3
This Division applies to the registration of a design
of an item of plant specified in Part 1 of Schedule 5.
249 Who
can apply to register a plant design
(1) A person conducting a business or undertaking that
designs an item of plant may apply to the regulator for the registration of the
design of that item of plant.
(2) A person with management or control of an item of
plant may apply to the regulator for the registration of the design of that
item of plant.
250 Application
for registration
(1) An application for registration of the design of an
item of plant must be made in the manner and form required by the regulator.
(2) The application must include the following
information:
(a) the applicant’s name;
(b) whether or not the applicant is a body
corporate;
(c) if the applicant conducts the business or
undertaking under a business name — that business name and a certificate
or other written evidence of the registration of the business name;
(d) any other evidence of identity required by
the regulator;
(e) a statement signed by the designer of the
item of plant:
(i) stating that the designer has
complied with the designer’s obligations under section 22 of the Act in
relation to the design; and
(ii) specifying the published technical
standards and engineering principles used in the design; and
(f) a design verification statement that accords
with regulation 251;
(g) representational drawings of the design;
(h) a declaration that the applicant does not hold
an equivalent registration under a corresponding WHS law.
Note See section 268 of the Act for
offences relating to the giving of false or misleading information under the
Act or these Regulations.
(3) Any drawings or other documents provided with the
application must be capable of being kept in an electronic form.
(4) The application must be accompanied by the relevant
fee.
251 Design
verification statement
The design verification statement must:
(a) be written and signed by a person who is
eligible to be a design verifier for the design; and
(b) state that the design was produced in
accordance with published technical standards or engineering principles
specified in the statement; and
(c) include:
(i) the name, business address and
qualifications (if applicable) of the design verifier; and
(ii) if applicable, the name and
business address of the organisation for which the design verifier works.
252 Who
can be the design verifier
(1) A person is eligible to be a design verifier for the
design of an item of plant if the person is a competent person.
(2) Despite subregulation (1), a person is not eligible
to be a design verifier for the design of an item of plant if:
(a) the person was involved in the production of
the design; or
(b) at the time the design was produced, the person
was engaged by the person conducting the business or undertaking that produced
the design.
(3) Paragraph (2) (b) does not apply if the person conducting
the business or undertaking uses a quality system to undertake the design of
plant that has been certified by a body accredited or approved by the Joint
Accreditation System of Australia and New Zealand.
253 Duty
of design verifier
A design verifier of the design of an item of plant
specified in Part 1 of Schedule 5 must document the design verification process
carried out by that person and the results of that process.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
254 Design
verification statements not to be made in certain circumstances
A person must not make a design verification statement
for the design of an item of plant specified in Part 1 of Schedule 5 if the
person:
(a) is not eligible to be a design verifier for
that design; or
(b) has not carried out a verification of the design.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
255 Additional
information
(1) If an application for registration of a design of an
item of plant does not contain enough information to enable the regulator to
make a decision whether or not to grant the registration, the regulator may ask
the applicant to provide additional information.
(2) A request for additional information must:
(a) specify the date (not being less than 28
days after the request) by which the additional information is to be given; and
(b) be confirmed in writing.
(3) If an applicant does not provide the additional
information by the date specified, the application is taken to have been
withdrawn.
(4) The regulator may make more than one request for
additional information under this regulation.
256 Decision
on application
(1) Subject to subregulation (3), the regulator must
grant the registration if satisfied about the matters referred to in
subregulation (2).
(2) The regulator must be satisfied about the
following:
(a) the application has been made in accordance
with this Division;
(b) the design is not registered under a
corresponding WHS law;
(c) either:
(i) the applicant is the Commonwealth,
a public authority or a non‑Commonwealth licensee; or
(ii) the regulator is satisfied that
circumstances exist that justify the grant of the registration;
(d) the applicant is able to ensure compliance
with any conditions that will apply to the registration.
(3) The regulator must refuse to grant a registration
if satisfied that, in making the application, the applicant has:
(a) given information that is false or
misleading in a material particular; or
(b) failed to give any material information that
should have been given.
(4) If the regulator decides to grant the registration,
it must notify the applicant within 14 days after making the decision.
(5) If the regulator does not make a decision within 120
days after receiving the application or the additional information requested
under regulation 255, the regulator is taken to have refused to grant the
registration applied for.
Note A refusal to grant a registration
(including under subregulation (5)) is a reviewable decision (see regulation
676).
257 Refusal
of registration — process
(1) If the regulator proposes to refuse to grant a registration,
the regulator must give the applicant a written notice:
(a) informing the applicant of the reasons for
the proposed refusal; and
(b) advising the applicant that the applicant
may, by a specified date (being not less than 28 days after giving the notice),
make a submission to the regulator in relation to the proposed refusal.
(2) After the date specified in a notice under subregulation
(1), the regulator must:
(a) if the applicant has made a submission in relation
to the proposed refusal to grant the registration — consider that submission;
and
(b) whether or not the applicant has made a submission—
decide whether to grant or refuse to grant the registration; and
(c) within 14 days after making that decision —
give the applicant written notice of the decision, including the reasons for
the decision.
Note A refusal to grant a registration is
a reviewable decision (see regulation 676).
258 Conditions
of registration
(1) The regulator may impose any conditions it considers
appropriate on the registration of a plant design.
(2) Without limiting subregulation (1), the regulator may
impose conditions in relation to one or more of the following matters:
(a) the use and maintenance of plant
manufactured to the design;
(b) the recording or keeping of information;
(c) the provision of information to the
regulator.
Note 1 A person must comply with the
conditions of registration (see section 45 of the Act).
Note 2 A decision to impose a
condition on a registration is a reviewable decision (see regulation 676).
259 Duration
of registration of plant design
A registration of a plant design is granted for an
unlimited duration.
260 Plant
design registration number
(1) This regulation applies if the regulator registers a
design of an item of plant.
(2) The regulator must issue a plant design registration
number for the design to the applicant.
(3) The person to whom the plant design registration
number is issued must give the registration number to the manufacturer,
importer or supplier of plant manufactured to that design.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The manufacturer, supplier or importer of plant to
whom a plant design registration number is given under this regulation must
give that number to the person with management or control of the plant:
(a) manufactured to that design; or
(b) supplied to that person by the manufacturer,
supplier or importer.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(5) The person with management or control of plant at a
workplace for which a plant design is registered must ensure that the design
registration number is kept readily accessible in the vicinity of the plant at
all times.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
261 Registration
document
(1) If the regulator registers a design of an item of
plant, the regulator must issue to the applicant a registration document in the
form determined by the regulator.
(2) The registration document must include the
following:
(a) the name of the registration holder;
(b) if the registration holder conducts the
business or undertaking under a business name, that business name;
(c) the registration number of the plant design;
(d) any conditions imposed on the registration by
the regulator;
(e) the date on which the registration takes
effect.
262 Registration
document to be available
(1) A registration holder must keep the registration
document available for inspection under the Act.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) Subregulation (1) does not apply if the
registration document is not in the registration holder’s possession because:
(a) it has been returned to the regulator under
regulation 287; or
(b) the registration holder has applied for, but
has not received, a replacement registration document under regulation 288.
263 Disclosure
of design information
(1) Subject to this regulation, the regulator must not
disclose to any person any confidential information provided by an applicant
for registration of a design of an item of plant.
(2) The regulator may disclose information about a
plant design in either of the following circumstances:
(a) to a corresponding regulator or an
authorised officer of a corresponding regulator, at the request of the
corresponding regulator;
(b) to any person authorised by the applicant for
the registration of the design.
(3) The regulator may give a copy of the design
verification statement to:
(a) workers engaged by the person with
management or control at a workplace of plant manufactured to the design; or
(b) a health and safety representative of those
workers.
(4) The regulator may provide the person with management
or control of plant with the minimum information about the plant design that is
necessary for the safe operation of the plant if the registration holder for
the design of the plant cannot be located or no longer exists.
Division 4 Registration process for an item of plant
264 Application
of Division 4
This Division applies in relation to the
registration of an item of plant specified in Part 2 of Schedule 5 as requiring
registration.
265 Who
can apply to register an item of plant
A person with management or control of an item of
plant may apply to the regulator for the registration of that item of plant.
266 Application
for registration
(1) An application for registration of an item of plant
must be made in the manner and form required by the regulator.
(2) The application must include the following
information:
(a) the applicant’s name;
(b) whether or not the applicant is a body
corporate;
(c) if the applicant conducts the business or
undertaking under a business name — that business name and a certificate
or other written evidence of the registration of the business name;
(d) any other evidence of the applicant’s
identity required by the regulator;
(e) sufficient information to clearly identify
the item of plant;
(f) the date on which the plant was first
commissioned or first registered, if known;
(g) if the design of the item of plant was also
required to be registered under this Part, details of:
(i) the plant design registration
number; and
(ii) the regulator or corresponding
regulator that registered the design;
(h) a statement that the item of plant has been
inspected by a competent person and assessed by that person as being safe to
operate;
(i) a declaration that the applicant does not
hold an equivalent registration under a corresponding WHS law.
Note See section 268 of the Act for
offences relating to the giving of false or misleading information under the
Act or these Regulations.
(3) The application must be accompanied by the relevant
fee.
267 When
is a person competent to inspect plant
A person is a competent person to inspect an item
of plant for registration if the person has:
(a) educational or vocational qualifications in
an engineering discipline relevant to the plant to be inspected; or
(b) knowledge of the technical standards relevant
to the plant to be inspected.
268 Additional
information
(1) If an application for registration of an item of
plant does not contain enough information to enable the regulator to make a
decision whether or not to grant the registration, the regulator may ask the
applicant to provide additional information.
(2) A request for additional information must:
(a) specify the date (not being less than 28
days after the request) by which the additional information is to be given; and
(b) be confirmed in writing.
(3) If an applicant does not provide the additional
information by the date specified, the application is taken to have been withdrawn.
(4) The regulator may make more than one request for
additional information under this regulation.
269 Decision
on application
(1) Subject to subregulation (3), the regulator must
grant the registration if satisfied about the matters referred to in
subregulation (2).
(2) The regulator must be satisfied about the
following:
(a) the application has been made in accordance
with this Division;
(b) the plant is not registered under a
corresponding WHS law;
(c) the plant is located at a place where work
is carried out, or is taken to be carried out, for a business or undertaking
conducted by the Commonwealth, a public authority or a non‑Commonwealth
licensee;
(d) if the applicant is an individual:
(i) the applicant is a Commonwealth
worker; or
(ii) the regulator is satisfied that
circumstances exist that justify the grant of the registration;
(e) if the applicant is not an individual:
(i) the applicant is the Commonwealth,
a public authority or a non‑Commonwealth licensee; or
(ii) the regulator is satisfied that
circumstances exist that justify the grant of the registration;
(f) the applicant is able to ensure compliance
with any conditions that will apply to the registration.
(3) The regulator must refuse to grant a registration
if satisfied that, in making the application, the applicant has:
(a) given information that is false or
misleading in a material particular; or
(b) failed to give any material information that
should have been given.
(4) If the regulator decides to grant the registration,
it must notify the applicant within 14 days after making the decision.
(5) If the regulator does not make a decision within 120
days after receiving the application or additional information requested under regulation
268, the regulator is taken to have refused to grant the registration applied
for.
Note A refusal to grant a registration
(including under subregulation (5)) is a reviewable decision (see regulation
676).
270 Refusal
of registration — process
(1) If the regulator proposes to refuse to grant a registration,
the regulator must give the applicant:
(a) informing the applicant of the reasons for
the proposed refusal; and
(b) advising the applicant that the applicant
may, by a specified date, (being not less than 28 days after giving the notice)
make a submission to the regulator in relation to the proposed refusal.
(2) After the date specified in a notice under subregulation
(1), the regulator must:
(a) if the applicant has made a submission in relation
to the proposed refusal to grant the registration — consider that
submission; and
(b) whether or not the applicant has made a submission —
decide whether to grant or refuse to grant the registration; and
(c) within 14 days after making that decision —
give the applicant written notice of the decision, including the reasons for
the decision.
Note A refusal to grant a registration is
a reviewable decision (see regulation 676).
271 Conditions
of registration
(1) The regulator may impose any conditions it considers
appropriate on the registration of an item of plant.
(2) Without limiting subregulation (1), the regulator
may impose conditions in relation to one or more of the following:
(a) the use and maintenance of the item of
plant;
(b) the recording or keeping of information;
(c) the provision of information to the
regulator.
Note 1 A person must comply with the
conditions of registration (see section 45 of the Act).
Note 2 A decision to impose a
condition on a registration is a reviewable decision (see regulation 676).
272 Duration
of registration
A registration of an item of plant takes effect on the
day it is granted and expires 5 years after that day.
273 Plant
registration number
(1) This regulation applies if the regulator registers
an item of plant.
(2) The regulator must issue a plant registration number
for the plant to the registration holder within 14 days after that
registration.
(3) The registration holder must give the plant registration
number to the person with management or control of the plant at a workplace as
soon as practicable after being issued with the number under subregulation (2).
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person with management or control of the plant
at a workplace must ensure that the plant registration number is marked on the
item of plant.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
274 Registration
document
(1) If the regulator registers an item of plant, the regulator
must issue to the applicant within 14 days a registration document in the form determined
by the regulator.
(2) The registration document must include the
following:
(a) the name of the registration holder;
(b) if the registration holder conducts the business
or undertaking under a business name — that business name;
(c) the registration number for the item of
plant; and
(d) any conditions imposed on the registration by
the regulator;
(e) the date that the plant was first commissioned
or first registered, whichever occurred first; and
(f) the date on which the registration was
granted;
(g) the expiry date of the registration.
275 Registration
document to be available
(1) The holder of the registration of an item of plant
must keep the registration document available for inspection under the Act.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) Subregulation (1) does not apply if the
registration document is not in the registration holder’s possession because:
(a) it has been returned to the regulator under
regulation 287; or
(b) the registration holder has applied for but has
not received, a replacement registration document under regulation 288.
276 Regulator
may renew registration
The regulator may, on application, renew the
registration of an item of plant.
277 Application
for renewal
(1) An application for renewal of a registration of an
item of plant must be made in the manner and form required by the regulator.
(2) The application must include the following
information:
(a) the applicant’s name;
(b) any evidence of identity required by the
regulator;
(c) if the applicant conducts the business or
undertaking under a business name, that business name and a certificate or
other written evidence of the registration of the business name;
(d) the registration number of the item of plant;
(e) a declaration that the item of plant has
been maintained, inspected and tested in accordance with regulation 213.
Note See section 268 of the Act for
offences relating to the giving of false or misleading information under the
Act or these Regulations.
(3) The application must be accompanied by the relevant
fee.
(4) The application must be made before the expiry of
the registration.
278 Registration
continues in force until application is decided
If a registration holder applies under regulation
277 for the renewal of a registration, the registration is taken to continue in
force from the day it would, apart from this regulation, have ended until the
registration holder is given notice of the decision on the application.
279 Decision
on application
(1) The regulator must renew the registration of an
item of plant if the regulator is satisfied that:
(a) the application for renewal has been made in
accordance with this Division; and
(b) the plant has been maintained, inspected and
tested in accordance with regulation 213.
(2) For the purposes of this Division:
(a) regulation 268 applies as if a reference in
that regulation to an application for registration were a reference to an
application to renew registration; and
(b) regulations 269 (except subregulation (5)),
271 and 272 apply as if a reference in those regulations to the grant of a
registration were a reference to the renewal of a registration; and
(c) regulation 270 applies as if a reference in that
regulation to a refusal to grant a registration were a reference to a refusal
to renew a registration.
Note A refusal to renew a registration is
a reviewable decision (see regulation 676).
280 Status
of registration during review
(1) If the regulator gives the registration holder written
notice of a decision to refuse to renew the registration, the registration
continues to have effect in accordance with this regulation.
(2) If the registration holder does not apply for internal
review, the registration continues to have effect until the last of the
following events:
(a) the expiry of the registration;
(b) the end of the period for applying for an internal
review.
(3) If the registration holder applies for an internal review,
the registration continues to have effect until the earlier of the following
events:
(a) the registration holder withdraws the application
for review;
(b) the regulator makes a decision on the review.
(4) If the registration holder does not apply for an external
review, the registration continues to have effect until the end of the time for
applying for an external review.
(5) If the registration holder applies for an external review,
the registration continues to have effect until the earlier of the following
events:
(a) the registration holder withdraws the application
for review;
(b) the Administrative Appeals Tribunal makes a
decision on the review.
(6) The registration continues to have effect under this
regulation even if its expiry date passes.
Division 5 Changes to registration and registration documents
281 Application
of Division
This Division applies to:
(a) the registration of a design of an item of
plant; and
(b) the registration of an item of plant.
282 Changes
to information
(1) A registration holder must give the regulator
written notice of any change to:
(a) the registration holder’s name; or
(b) any of the information referred to in
regulation 250, subregulation 255 (1), regulation 266 or
subregulation 268 (1) within 14 days after the registration holder
becomes aware of the change.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) Subregulation (1) applies whether the information was
given in the application for grant of the registration or in any other
circumstance.
(3) Without limiting subregulation (1), a registration holder
for an item of plant must give written notice to the regulator if:
(a) the item of plant is altered to an extent or
in a way that requires the plant to be subject to new control measures; or
(b) the item of plant is usually fixed and is
relocated; or
(c) the registration holder no longer has
management or control of the item of plant.
283 Amendment
of registration imposed by regulator
(1) The regulator may, on its own initiative, amend a
registration, including by amending the registration to:
(a) vary or delete a condition of the
registration; or
(b) impose a new condition on the registration.
(2) Before amending a registration, the regulator must
give the registration holder written notice:
(a) setting out the proposed amendment and the
reasons for it; and
(b) advising the registration holder that the
registration holder may make a submission to the regulator in relation to the
proposed amendment within a specified period (being not less than 28 days from
the date of the notice).
(3) After the date specified in a notice under
subregulation (2), the regulator must:
(a) if the registration holder has made a
submission in relation to the proposed amendment — consider that
submission; and
(b) whether or not the registration holder has
made a submission — decide:
(i) to make the proposed amendment; or
(ii) not to make any amendment; or
(iii) to make a different amendment that
results from consideration of any submission made by the registration holder;
and
(c) within 14 days after making the decision —
give the registration holder written notice that:
(i) sets out the proposed amendment,
if any, or states that no amendment is to be made; and
(ii) if a submission was made in
relation to the proposed amendment — sets out the regulator’s reasons for
making the amendment; and
(iii) specifies the date (being not less
than 28 days after the registration holder is given the notice) on which the
amendment, if any, takes effect.
Note A decision to amend a registration
is a reviewable decision (see regulation 676).
284 Amendment
on application by registration holder
(1) The regulator, on application by the registration
holder, may amend a registration, including by amending the registration to
vary or delete a condition of the registration.
(2) If the regulator proposes to refuse to amend the registration,
the regulator must give the registration holder a written notice:
(a) informing the registration holder of the
proposed refusal to amend the registration and the reasons for the proposed
refusal; and
(b) advising the registration holder that the registration
holder may, by a specified date (being not less than 28 days after giving the
notice) make a submission to the regulator in relation to the proposed refusal.
(3) After the date specified in a notice under
subregulation (2), the regulator must:
(a) if the registration holder has made a
submission in relation to the proposed refusal — consider that submission;
and
(b) whether or not the registration holder has
made a submission — decide:
(i) to make the amendment applied for;
or
(ii) not to make any amendment; or
(iii) to make a different amendment that
results from consideration of any submission made by the registration holder;
and
(c) within 14 days after making the decision —
give the registration holder written notice in accordance with this regulation.
(4) If the regulator makes the amendment applied for,
the notice under paragraph (3) (c) must specify the date (being not less
than 28 days after the registration holder is given the notice) on which the
amendment takes effect.
(5) If the regulator refuses to make the amendment, or
makes a different amendment, the notice under paragraph (3) (c) must:
(a) if a submission was made in relation to the
proposed refusal of the amendment applied for — set out the reasons for
the decision; and
(b) if the regulator makes a different
amendment:
(i) set out the amendment; and
(ii) specify the date (being not less
than 28 days after the registration holder is given the notice) on which the
amendment takes effect.
Note A refusal to make the amendment
applied for, or a decision to make a different amendment, is a reviewable
decision (see regulation 676).
285 Minor
corrections to registration
The regulator may make minor amendments to a
registration, including an amendment:
(a) to correct an obvious error; or
(b) to change an address; or
(c) that does not impose a significant burden on
the registration holder.
286 Regulator
to give amended registration document
If the regulator amends a registration and
considers that the registration document requires amendment, the regulator must
give the registration holder an amended registration document within 14 days after
making the decision to amend the registration.
287 Registration
holder to return registration document
A registration holder must return the registration
document to the regulator for amendment at the written request of the regulator
within the time specified in the request.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
288 Replacement
registration document
(1) A registration holder must give written notice to
the regulator as soon as practicable if the registration document is lost,
stolen or destroyed.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If a registration document is lost, stolen or
destroyed, the registration holder may apply to the regulator for a replacement
document.
Note A registration holder is required to
keep a registration document available for inspection (see regulation 275).
(3) An application for a replacement registration
document must be made in the manner and form required by the regulator.
(4) The application must:
(a) include a declaration describing the
circumstances in which the original document was lost, stolen or destroyed; and
Note See section 268 of the Act for
offences relating to the giving of false or misleading information under the
Act or these Regulations.
(b) be accompanied by the relevant fee.
(5) The regulator must issue a replacement registration
document if satisfied that the original document was lost, stolen or destroyed.
(6) If the regulator refuses to issue a replacement registration
document, the regulator must give the registration holder written notice of
this decision, including the reasons for the decision within 14 days of making
the decision.
Note A refusal to issue a replacement
registration document is a reviewable decision (see regulation 676).
Chapter 6 Construction work
Part 6.1 Preliminary
289 Meaning of construction
work
(1) In this Chapter, construction work
means any work carried out in connection with the construction, alteration,
conversion, fitting‑out, commissioning, renovation, repair, maintenance, refurbishment,
demolition, decommissioning or dismantling of a structure.
(2) Without limiting subregulation (1), construction work
includes the following:
(a) any installation or testing carried out in connection
with an activity referred to in subregulation (1);
(b) the removal from the workplace of any product
or waste resulting from demolition;
(c) the prefabrication or testing of elements,
at a place specifically established for the construction work, for use in
construction work;
(d) the assembly of prefabricated elements to form
a structure, or the disassembly of prefabricated elements forming part of a structure;
(e) the installation, testing or maintenance of
an essential service in relation to a structure;
(f) any work connected with an excavation;
(g) any work connected with any preparatory work
or site preparation (including landscaping as part of site preparation) carried
out in connection with an activity referred to in subregulation (1);
(h) an activity referred to in subregulation (1),
that is carried out on, under or near water, including work on buoys and
obstructions to navigation.
(3) In this Chapter, construction work does
not include any of the following:
(a) the manufacture of plant;
(b) the prefabrication of elements, other than at
a place specifically established for the construction work, for use in
construction work;
(c) the construction or assembly of a structure
that once constructed or assembled is intended to be transported to another
place;
(d) testing, maintenance or repair work of a
minor nature carried out in connection with a structure;
(e) mining or the exploration for or extraction
of minerals.
290 Meaning
of structure
(1) In this Chapter, structure has the same
meaning as it has in the Act.
Examples
1 A roadway or pathway.
2 A ship or submarine.
3 Foundations, earth retention works and
other earthworks, including river works and sea defence works.
4 Formwork, falsework or any other
structure designed or used to provide support, access or containment during
construction work.
5 An airfield.
6 A dock, harbour, channel, bridge,
viaduct, lagoon or dam.
7 A sewer or sewerage or drainage works.
(2) This Chapter does not apply to plant unless:
(a) the plant is:
(i) a ship or submarine; or
(ii) a pipe or pipeline; or
(iii) an underground tank; or
(iv) designed or used to provide
support, access or containment during work in connection with construction
work; or
(b) work on the plant relates to work that is carried
out in connection with construction work; or
(c) the plant is fixed plant on which outage
work or overhaul work that involves or may involve work being carried out by 5
or more persons conducting businesses or undertakings at any point in time.
Note This Chapter does not apply to the
manufacture of plant (see paragraph 289 (3) (a)).
291 Meaning
of high risk construction work
In this Chapter, high risk construction work
means construction work that:
(a) involves a risk of a person falling more
than 2 metres; or
(b) is carried out on a telecommunication tower; or
(c) involves demolition of an element of a structure
that is load‑bearing or otherwise related to the physical integrity of the structure;
or
(d) involves, or is likely to involve, the disturbance
of asbestos; or
(e) involves structural alterations or repairs
that require temporary support to prevent collapse; or
(f) is carried out in or near a confined space;
or
(g) is carried out in or near:
(i) a shaft or trench with an
excavated depth greater than 1·5 metres; or
(ii) a tunnel; or
(h) involves the use of explosives; or
(i) is carried out on or near pressurised gas
distribution mains or piping; or
(j) is carried out on or near chemical, fuel or
refrigerant lines; or
(k) is carried out on or near energised
electrical installations or services; or
(l) is carried out in an area that may have a
contaminated or flammable atmosphere; or
(m) involves tilt‑up or precast concrete; or
(n) is carried out on, in or adjacent to a road,
railway, shipping lane or other traffic corridor that is in use by traffic
other than pedestrians; or
(o) is carried out in an area at a workplace in
which there is any movement of powered mobile plant; or
(p) is carried out in an area in which there are
artificial extremes of temperature; or
(q) is carried out in or near water or other
liquid that involves a risk of drowning; or
(r) involves diving work.
292 Meaning
of construction project
In this Chapter, a construction project is
a project that involves construction work where the cost of the construction
work is $250 000 or more.
293 Meaning
of principal contractor
(1) In this Chapter, a person conducting a business or
undertaking that commissions a construction project is, subject to this
regulation, the principal contractor for the project.
(2) If the person referred to in subregulation (1)
engages another person conducting a business or undertaking as principal
contractor for the construction project and authorises the person to have
management or control of the workplace and to discharge the duties of a
principal contractor under this Chapter, the person so engaged is the principal contractor
for the project.
(3) If the owner of residential premises is an
individual who directly or indirectly engages a person conducting a business or
undertaking to undertake a construction project in relation to the premises,
the person so engaged is the principal
contractor for the project if the person has management or
control of the workplace.
(4) A construction project has only one principal
contractor at any specific time.
Note A person with management or control
of a workplace must comply with section 20 of the Act.
Part 6.2 Duties
of designer of structure and person who commissions construction work
294 Person who commissions
work must consult with designer
(1) A person conducting a business or undertaking that
commissions construction work in relation to a structure must, so far as is
reasonably practicable, consult with the designer of the whole or any part of
the structure about how to ensure that risks to health and safety arising from
the design during the construction work are:
(a) eliminated, so far as is reasonably
practicable; or
(b) if it is not reasonably practicable to
eliminate the risks, minimised so far as is reasonably practicable.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) Consultation must include giving the designer any
information that the person who commissions the construction work has in
relation to the hazards and risks at the workplace where the construction work
is to be carried out.
295 Designer
must give safety report to person who commissions design
(1) The designer of a structure or any part of a
structure that is to be constructed must give the person conducting a business
or undertaking who commissioned the design a written report that specifies the hazards
relating to the design of the structure that, so far as the designer is
reasonably aware:
(a) create a risk to the health or safety of
persons who are to carry out any construction work on the structure or part;
and
(b) are associated only with the particular
design and not with other designs of the same type of structure.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If the person conducting a business or undertaking
who commissions a construction project did not commission the design of the
construction project, the person must take all reasonable steps to obtain a
copy of the written report referred to in subregulation (1) in relation to that
design.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
296 Person
who commissions project must give information to principal contractor
If a person conducting a business or undertaking
that commissions a construction project engages a principal contractor for the
project, the person must give the principal contractor any information the
person has in relation to hazards and risks at or in the vicinity of the
workplace where the construction work is to be carried out.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Part 6.3 Duties
of person conducting business or undertaking
Note As a principal contractor is a
person conducting a business or undertaking, this Part also applies to a
principal contractor.
Division 1 General
297 Management
of risks to health and safety
A person conducting a business or undertaking must
manage risks associated with the carrying out of construction work in
accordance with Part 3.1.
Note WHS Act — section 19 (see
regulation 9).
298 Security
of workplace
(1) A person with management or control of a workplace
at which construction work is carried out must ensure, so far as is reasonably
practicable, that the workplace is secured from unauthorised access.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) In complying with subregulation (1), the person
must have regard to all relevant matters, including:
(a) risks to health and safety arising from
unauthorised access to the workplace; and
(b) the likelihood of unauthorised access
occurring; and
Example
The proximity of the workplace
to places frequented by children, including schools, parks and shopping
precincts.
(c) to the extent that unauthorised access to
the workplace cannot be prevented — how to isolate hazards within the
workplace.
Division 2 High risk construction work—safe work method statements
299 Safe
work method statement required for high risk construction work
(1) A person conducting a business or undertaking that
includes the carrying out of high risk construction work must, before high risk
construction work commences, ensure that a safe work method statement for the
proposed work:
(a) is prepared; or
(b) has already been prepared by another person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A safe work method statement must:
(a) identify the work that is high risk construction
work; and
(b) specify hazards relating to the high risk construction
work and risks to health and safety associated with those hazards; and
(c) describe the measures to be implemented to control
the risks; and
(d) describe how the control measures are to be implemented,
monitored and reviewed.
(3) A safe work method statement must:
(a) be prepared taking into account all
relevant matters, including:
(i) circumstances at the workplace
that may affect the way in which the high risk construction work is carried
out; and
(ii) if the high risk construction work
is carried out in connection with a construction project — the WHS management
plan that has been prepared for the workplace; and
(b) be set out and expressed in a way that is readily
accessible and understandable to persons who use it.
300 Compliance
with safe work method statement
(1) A person conducting a business or undertaking that
includes the carrying out of high risk construction work must put in place
arrangements for ensuring that high risk construction work is carried out in
accordance with the safe work method statement for the work.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If high risk construction work is not carried out
in accordance with the safe work method statement for the work, the person must
ensure that the work:
(a) is stopped immediately or as soon as it is
safe to do so; and
(b) resumed only in accordance with the
statement.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
301 Safe
work method statement — copy to be given to principal contractor
A person conducting a business or undertaking that
includes carrying out high risk construction work in connection with a
construction project must, before the high risk construction work commences,
ensure that a copy of the safe work method statement for the work is given to
the principal contractor.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
302 Review
of safe work method statement
A person conducting a business or undertaking must
ensure that a safe work method statement is reviewed and, as necessary, revised
if relevant control measures are revised under regulation 38.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
303 Safe
work method statement must be kept
(1) Subject to subregulation (2), a person conducting a
business or undertaking must keep a copy of the safe work method statement
until the high risk construction work to which it relates is completed.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If a notifiable incident occurs in connection with
the high risk construction work to which the statement relates, the person must
keep the statement for at least 2 years after the incident occurs.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure that for the period for which
the statement must be kept under this regulation, a copy is readily accessible
to any worker engaged by the person to carry out the high risk construction work.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person must ensure that for the period for which
the statement must be kept under this regulation, a copy is available for
inspection under the Act.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 3 Excavation work
304 Excavation
work — underground essential services information
(1) This regulation applies in relation to a part of a
workplace where excavation work is being carried out and any adjacent areas.
(2) A person with management or control of the workplace
must take all reasonable steps to obtain current underground essential services
information about the areas referred to in subregulation (1) before directing
or allowing the excavation work to commence.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person with management or control of the workplace
must provide the information obtained under subregulation (2) to any person
engaged by the person to carry out the excavation work.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person with management or control of the workplace
and any person conducting a business or undertaking who is given information
under subregulation (3) must have regard to the information referred to in
subregulation (2) in carrying out or directing or allowing the carrying out of
the excavation work.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 Legislation relating to the
essential services may also impose duties on the person conducting the business
or undertaking and the persons carrying out the work.
Note 2 Section 12F of the Act
provides that strict liability applies to each physical element of each offence
under the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
(5) The person with control or management of the workplace
must ensure that the information referred to in subregulation (2) is available
for inspection under the Act for the period specified in subregulation (6).
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(6) The information must be available:
(a) if a notifiable incident occurs in
connection with the excavation work to which the information relates — for
at least 2 years after the incident occurs; and
(b) in every other case — until the
excavation work is completed.
(7) In this regulation:
underground essential services means
essential services that use pipes, cables or other associated plant located
underground.
underground essential services information,
in relation to proposed excavation work, means the following information about
underground essential services that may be affected by the excavation:
(a) the essential services that may be affected;
(b) the location, including the depth, of any
pipes, cables or other plant associated with the affected essential services;
(c) any conditions on the proposed excavation
work.
305 Management
of risks to health and safety associated with excavation work
(1) A person conducting a business or undertaking must
manage risks to health and safety associated with excavation work, in
accordance with Part 3.1.
Note WHS Act — section 19 (see
regulation 9).
(2) The risks this regulation applies to include the following:
(a) a person falling into an excavation;
(b) a person being trapped by the collapse of an excavation;
(c) a person working in an excavation being struck
by a falling thing;
(d) a person working in an excavation being exposed
to an airborne contaminant.
(3) In complying with subregulation (1), the person must
have regard to all relevant matters, including the following:
(a) the nature of the excavation;
(b) the nature of the excavation work, including the
range of possible methods of carrying out the work;
(c) the means of entry into and exit from the excavation,
if applicable.
306 Additional
controls — trenches
(1) A person conducting a business or undertaking, who
proposes to excavate a trench at least 1·5 metres deep must ensure, so far as
is reasonably practicable, that the work area is secured from unauthorised
access (including inadvertent entry).
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) In complying with subregulation (1), the person
must have regard to all relevant matters, including:
(a) risks to health and safety arising from
unauthorised access to the work area; and
(b) the likelihood of unauthorised access
occurring.
(3) In addition, the person must minimise the risk to
any person arising from the collapse of the trench by ensuring that all sides
of the trench are adequately supported by doing one or more of the following:
(a) shoring by shielding or other comparable
means;
(b) benching;
(c) battering.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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) Subregulation (3) does not apply if the person
receives written advice from a geotechnical engineer that all sides of the
trench are safe from collapse.
(5) An advice under subregulation (4):
(a) may be subject to a condition that specified
natural occurrences may create a risk of collapse; and
(b) must state the period of time to which the
advice applies.
Part 6.4 Additional
duties of principal contractor
307 Application of Part 6.4
This Part:
(a) applies in relation to a construction
project; and
(b) imposes duties on the principal contractor
for the project that are additional to the duties imposed under Part 6.3.
Note As a principal contractor has
management or control of a workplace, the principal contractor is also subject
to duties imposed by the Act and these Regulations on a person with management
or control of a workplace.
308 Specific
control measure — signage identifying principal contractor
The principal contractor for a construction
project must ensure that signs are installed, that:
(a) show the principal contractor’s name and
telephone contact numbers (including an after hours telephone number); and
(b) show the location of the site office for the
project, if any; and
(c) are clearly visible from outside the
workplace, or the work area of the workplace, where the construction project is
being undertaken.
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.
309 WHS
management plan — preparation
(1) The principal contractor for a construction project
must prepare a written WHS management plan for the workplace before work on the
project commences.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 WHS management plan must include the following:
(a) the names, positions and health and safety responsibilities
of all persons at the workplace whose positions or roles involve specific
health and safety responsibilities in connection with the project;
(b) the arrangements in place, between any persons
conducting a business or undertaking at the workplace where the construction project
is being undertaken, for consultation, co‑operation and the co‑ordination of activities
in relation to compliance with their duties under the Act and these
Regulations;
(c) the arrangements in place for managing any work
health and safety incidents that occur;
(d) any site‑specific health and safety rules,
and the arrangements for ensuring that all persons at the workplace are
informed of these rules;
(e) the arrangements for the collection and any assessment,
monitoring and review of safe work method statements at the workplace.
310 WHS
management plan — duty to inform
The principal contractor for a construction
project must ensure, so far as is reasonably practicable, that each person who
is to carry out construction work in connection with the project is, before commencing
work, made aware of:
(a) the content of the WHS management plan for the
workplace; and
(b) the person’s right to inspect the WHS management
plan under regulation 313.
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.
311 WHS
management plan — review
(1) The principal contractor for a construction project must
review and, as necessary, revise the WHS management plan to ensure that it
remains up‑to‑date.
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 principal contractor for a construction project must
ensure, so far as is reasonably practicable, that each person carrying out
construction work in connection with the project is made aware of any revision
to the WHS management plan.
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.
312 High
risk construction work — safe work method statements
The principal contractor for a construction project
must take all reasonable steps to obtain a copy of the safe work method
statement relating to high risk construction work before the high risk construction
work commences.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note 1 The WHS management plan
contains arrangements for co‑operation between persons conducting a business or
undertaking at the construction project workplace, including in relation to the
preparation of safe work method statements (see paragraphs 309 (2) (b)
and (e)).
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.
313 Copy
of WHS management plan must be kept
(1) Subject to subregulation (2), the principal contractor
for a construction project must ensure that a copy of the WHS management plan
for the project is kept until the project to which it relates is completed.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If a notifiable incident occurs in connection with the
construction project to which the statement relates, the person must keep the
WHS management plan for at least 2 years after the incident occurs.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure that, for the period for which
the WHS management plan must be kept under this regulation, a copy is readily
accessible to any person who is to carry out construction work in connection
with the construction project.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person must ensure that for the period for which
the WHS management 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.
(5) In this regulation, WHS management plan means
the initial plan and all revised versions of the plan.
314 Further
health and safety duties — specific regulations
The principal contractor for a construction
project must put in place arrangements for ensuring compliance at the workplace
with the following:
(a) Division 2 of Part 3.2;
(b) Division 3 of Part 3.2;
(c) Division 4 of Part 3.2;
(d) Division 5 of Part 3.2;
(e) Division 7 of Part 3.2;
(f) Division 8 of Part 3.2;
(g) Division 9 of Part 3.2;
(h) Division 10 of Part 3.2;
(i) Part 4.4.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 All persons conducting a
business or undertaking at the construction project workplace have these same
duties (see Part 3.2 of these Regulations and section 19 of the Act). Section
16 of the Act provides for situations in which more than one person has the
same duty.
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.
315 Further
health and safety duties — specific risks
The principal contractor for a construction
project must in accordance with Part 3.1 manage risks to health and safety
associated with the following:
(a) the storage, movement and disposal of construction
materials and waste at the workplace;
(b) the storage at the workplace of plant that is
not in use;
(c) traffic in the vicinity of the workplace
that may be affected by construction work carried out in connection with the
construction project;
(d) essential services at the workplace.
Note WHS Act — section 20 (see
regulation 9).
Part 6.5 General
construction induction training
Division 1 General construction induction training requirements
316 Duty
to provide general construction induction training
A person conducting a business or undertaking must
ensure that general construction induction training is provided to a worker
engaged by the person who is to carry out construction work, if the worker:
(a) has not successfully completed general
construction induction training; or
(b) successfully completed general construction
induction training more than 2 years previously and has not carried out
construction work in the preceding 2 years.
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.
317 Duty
to ensure worker has been trained
(1) A person conducting a business or undertaking must
not direct or allow a worker to carry out construction work unless:
(a) the worker has successfully completed general
construction induction training; and
(b) if the worker completed the training more than
2 years previously — the worker has carried out construction work in the preceding
2 years.
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 conducting the business or undertaking
must ensure that:
(a) the worker holds a general construction induction
training card; or
(b) if the worker has applied for but not yet
been issued with a general construction induction training card, the worker
holds a general construction induction training certification, issued within the
preceding 60 days.
318 Recognition
of general construction induction training cards issued in other jurisdictions
(1) In this Division, a reference to a general construction
induction card includes a reference to a similar card:
(a) issued under a corresponding WHS law; and
(b) that is being used in accordance with the terms
and conditions under which it was issued.
(2) Subregulation (1) does not apply to a card that is suspended
or cancelled or has expired in the corresponding jurisdiction.
Division 2 General construction induction training cards
319 Issue
of card
(1) A person who has successfully completed general construction
induction training may apply to the regulator for a general construction
induction training card.
(2) The application must be made in the manner and form
required by the regulator.
(3) The application must include the following information:
(a) the applicant’s name and any other evidence
of the applicant’s identity required by the regulator;
(b) either:
(i) a general construction induction training
certification issued to the applicant; or
(ii) a written declaration by the
person who provided the general construction induction training on behalf of
the relevant RTO that the applicant has successfully completed general construction
induction training.
(4) The application must be accompanied by the relevant
fee.
(5) The application must be made:
(a) within 60 days after the issue of the
general construction induction training certification; or
(b) if the application is accompanied by a
declaration referred to in subparagraph (2) (b) (ii), at any time
after completion of the general construction induction training.
(6) The regulator must issue a general construction
induction training card to the applicant if:
(a) the application has been made in accordance
with this regulation; and
(b) the regulator is satisfied that the applicant
has successfully completed general construction induction training.
(7) The regulator must make a decision on the
application as soon as practicable.
(8) If the regulator has not decided on the application
within 60 days, the applicant is taken to hold a general construction induction
training card until a decision is made.
320 Content
of card
A general construction induction training card
must:
(a) state the following:
(i) that the card holder has completed
general construction induction training;
(ii) the name of the card holder;
(iii) the date on which the card was
issued;
(iv) a unique identifying number;
(v) that the card is issued in
accordance with these Regulations; and
(b) contain the card holder’s signature.
321 Replacement
card
(1) If a general construction induction training card issued
by the regulator is lost, stolen or destroyed, the card holder may apply to the
regulator for a replacement card.
Note A card holder is required to keep
the card available for inspection under regulation 326.
(2) An application for a replacement general construction
induction training card must be made in the manner and form required by the regulator.
(3) The application must:
(a) include a declaration about the
circumstances in which the card was lost, stolen or destroyed; and
Note See section 268 of the Act for
offences relating to the giving of false or misleading information under the
Act or these Regulations.
(b) be accompanied by the relevant fee.
(4) The regulator may issue a replacement card if satisfied
that the original general construction induction training card has been lost,
stolen or destroyed.
322 Refusal
to issue or replace card
The regulator may refuse to issue a general construction
induction training card or a replacement general construction induction training
card if satisfied that the applicant:
(a) gave information that was false or misleading
in a material particular; or
(b) failed to give information that should have been
given; or
(c) produced a general construction induction training
certification that had been obtained on the basis of the giving of false or
misleading information by any person or body.
Note A decision to refuse to issue or
replace a general construction induction training card is a reviewable decision
(see regulation 676).
323 Cancellation
of card — grounds
The regulator may cancel a general construction induction
training card issued by the regulator if satisfied that the card holder, when
applying for the card:
(a) gave information that was false or misleading
in a material particular; or
(b) failed to give information that should have been
given; or
(c) produced a general construction induction training
certification that had been obtained on the basis of the giving of false or misleading
information by any person or body.
Note A decision to cancel a general
construction induction training card is a reviewable decision (see regulation
676).
324 Cancellation
of card — process
(1) The regulator must, before cancelling a general construction
induction training card, give the card holder:
(a) written notice of the proposed cancellation that
outlines all relevant allegations, facts and circumstances known to the
regulator; and
(b) a reasonable opportunity to make submissions
to the regulator in relation to the proposed cancellation.
(2) On cancelling a general induction card, the
regulator must give the card holder a written notice of its decision, stating:
(a) when the cancellation takes effect; and
(b) the reasons for the cancellation; and
(c) when the card must be returned to the
regulator.
325 RTO
may enter agreement to issue cards
(1) The regulator may enter into an agreement with an RTO
that empowers the RTO to exercise the functions and powers of the regulator
under regulations 319, 321 and 322, with any necessary alterations.
(2) If an RTO with whom the regulator has entered an agreement
under this regulation exercises functions and powers of the regulator in accordance
with the agreement, the exercise of those functions and powers has the same
effect as if they had been exercised by the regulator.
(3) Without limiting subregulation (2):
(a) a decision of an RTO in exercising a function
or power of the regulator in accordance with the agreement is taken to be a
decision of the regulator; and
(b) a general construction induction training
card issued by the RTO is taken to have been issued by the regulator.
(4) Nothing in an agreement under this regulation prevents
the regulator from exercising its functions and powers under this Division.
Division 3 Duties of workers
326 Duties
of workers
(1) A worker carrying out construction work must keep
available for inspection under the Act:
(a) his or her general construction induction training
card; or
(b) in the circumstances set out in subregulation
319 (5), a general induction training certification held by the worker,
until a decision is made on the application for the general construction
induction training card.
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 card holder, on receiving a cancellation notice under
subregulation 324 (2), must return the card 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.
(3) Paragraph (1) (a) does not apply if the card
is not in the possession of the worker (the card holder) because:
(a) it has been lost, stolen or destroyed; and
(b) the card holder has applied for, but has not received,
a replacement card under regulation 321.
327 Alteration
of general construction induction training card
A person who holds a general construction induction
training card must not intentionally or recklessly alter the card.
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.
Chapter 7 Hazardous chemicals
Part 7.1 Hazardous chemicals
Note Most of the obligations in this Part
apply to persons conducting businesses or undertakings at a workplace. However,
some obligations apply to persons in different capacities, for example
importers and suppliers of hazardous chemicals.
Division 1 Application of Part 7.1
328 Application
of Part 7.1
(1) This Part applies to:
(a) the use, handling and storage of hazardous chemicals
at a workplace and the generation of hazardous substances at a workplace; and
(b) a pipeline used to convey a hazardous chemical.
(2) This Part does not apply to a pipeline if:
(a) the pipeline is regulated under a relevant law
of a State specified in a corresponding WHS law; or
(b) if no relevant law of a State is specified in
a corresponding WHS law — the pipeline is regulated under another law of the
State.
(3) This Part does not apply to hazardous chemicals and
explosives being transported by road, rail, sea or air if the transport is
regulated under a relevant law of a State specified in a corresponding WHS law.
(4) This Part does not apply to the following hazardous
chemicals in the circumstances described:
(a) hazardous chemicals in batteries when incorporated
in plant;
(b) fuel, oils or coolants in a container fitted
to a vehicle, vessel, aircraft, mobile plant, appliance or other device, if the
fuel, oil or coolant is intended for use in the operation of the device;
(c) fuel in the fuel container of a domestic or
portable fuel burning appliance, if the quantity of fuel does not exceed 25
kilograms or 25 litres;
(d) hazardous chemicals in portable firefighting
or medical equipment for use in a workplace;
(e) hazardous chemicals that form part of the integrated
refrigeration system of refrigerated freight containers;
(f) potable liquids that are consumer products
at retail premises.
(5) This Part, other than the following regulations and
Schedule 7, does not apply to substances, mixtures or articles categorised
only as explosives under the GHS:
(a) regulation 329;
(b) regulation 330;
(c) regulation 339;
(d) regulation 344;
(e) regulation 345.
(6) This Part does not apply to the following:
(a) food and beverages within the meaning of the
Food Standards Australia New Zealand Food Standards Code that are in a package
and form intended for human consumption;
(b) tobacco or products made of tobacco;
(c) therapeutic goods within the meaning of the Therapeutic
Goods Act 1989 at the point of intentional intake by, or administration to,
humans;
(d) veterinary chemical products within the
meaning of the Agvet Code at the point of intentional administration to
animals.
(7) In paragraph (6) (d):
Agvet Code means the Agricultural and
Veterinary Chemicals Code set out in the Schedule to the Agricultural and
Veterinary Chemicals Code Act 1994.
Division 2 Obligations relating to safety data sheets and other matters
Subdivision 1 Obligations of
manufacturers and importers
Note 1 A manufacturer or importer of
hazardous chemicals may also be a person conducting a business or undertaking
at a workplace.
Note 2 A manufacturer or importer is
defined in section 23 or 24 of the Act as a person conducting a business or
undertaking of manufacturing or importing.
329 Classification
of hazardous chemicals
The manufacturer or importer of a substance, mixture
or article must, before first supplying it to a workplace:
(a) determine whether the substance, mixture or article
is a hazardous chemical; and
(b) if the substance, mixture or article is a hazardous
chemical — ensure that the hazardous chemical is correctly classified in accordance
with Part 1 of Schedule 9.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
330 Manufacturer
or importer to prepare and provide safety data sheets
(1) A manufacturer or importer of a hazardous chemical
must prepare a safety data sheet for the hazardous chemical:
(a) before first manufacturing or importing the hazardous
chemical; or
(b) if that is not practicable — as soon as practicable
after first manufacturing or importing the hazardous chemical and before first
supplying it to a 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) The safety data sheet must comply with clause 1 of
Schedule 7 unless regulation 331 applies.
(3) The manufacturer or importer of the hazardous chemical
must:
(a) review the safety data sheet at least once every
5 years; and
(b) amend the safety data sheet whenever necessary
to ensure that it contains correct, current information.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The manufacturer or importer of the hazardous chemical
must provide the current safety data sheet for the hazardous chemical to any
person, if the person:
(a) is likely to be affected by the hazardous chemical;
and
(b) asks for the safety data sheet.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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) Subregulations (3) and (4) do not apply to a manufacturer
or importer of a hazardous chemical who has not manufactured or imported the hazardous
chemical in the past 5 years.
331 Safety
data sheets — research chemical, waste product or sample for analysis
(1) This regulation applies if:
(a) a hazardous chemical is a research chemical,
waste product or sample for analysis; and
(b) it is not reasonably practicable for a manufacturer
or importer of the hazardous chemical to comply with clause 1 of Schedule
7.
(2) The manufacturer or importer must prepare a safety
data sheet for the hazardous chemical that complies with clause 2 of Schedule
7.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the Act,
unless otherwise stated. The reference in section 12F of the Act includes these
Regulations.
332 Emergency
disclosure of chemical identities to registered medical practitioner
(1) This regulation applies if a registered medical practitioner:
(a) reasonably believes that knowing the chemical
identity of an ingredient of a hazardous chemical may help to treat a patient;
and
(b) requests the manufacturer or importer of the hazardous
chemical to give the registered medical practitioner the chemical identity of the
ingredient; and
(c) gives an undertaking to the manufacturer or
importer that the chemical identity of the ingredient will be used only to help
treat the patient; and
(d) gives an undertaking to the manufacturer or
importer to give the manufacturer or importer as soon as practicable a written
statement about the need to obtain the chemical identity of the ingredient.
(2) The manufacturer or importer of a hazardous chemical
must give the registered medical practitioner the chemical identity of an
ingredient of the hazardous chemical as soon as 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.
333 Emergency
disclosure of chemical identities to emergency service worker
The manufacturer or importer of a hazardous chemical
must give an emergency service worker the chemical identity of an ingredient of
the hazardous chemical as soon as practicable after the worker requests 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.
334 Packing
hazardous chemicals
The manufacturer or importer of a hazardous
chemical must ensure that the hazardous chemical is correctly packed, in
accordance with Part 2 of Schedule 9, as soon as practicable after
manufacturing or importing the hazardous chemical.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
335 Labelling
hazardous chemicals
(1) The manufacturer or importer of a hazardous chemical
must ensure that the hazardous chemical is correctly labelled as soon as
practicable after manufacturing or importing the hazardous chemical.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 hazardous chemical is correctly labelled
if the selection and use of label elements is in accordance with the GHS and it
complies with Part 3 of Schedule 9.
(3) This regulation does not apply to a hazardous
chemical if:
(a) the hazardous chemical is a consumer product
that is labelled in accordance with the Standard for the Uniform Scheduling of
Medicines and Poisons 2011 published by the Commonwealth, as in force or remade
from time to time; and
(b) the container for the hazardous chemical has
its original label; and
(c) it is reasonably foreseeable that the
hazardous chemical will be used in a workplace only in:
(i) a quantity that is consistent with
household use; and
(ii) a way that is consistent with
household use; and
(iii) a way that is incidental to the
nature of the work carried out by a worker using the hazardous chemical.
(4) This regulation does not apply to hazardous
chemicals in transit.
(5) This regulation does not apply to a hazardous
chemical that:
(a) is therapeutic goods within the meaning of
the Therapeutic Goods Act 1989; and
(b) is in a form intended for human consumption,
for administration to or by a person or use by a person for therapeutic
purposes; and
(c) is labelled in accordance with that Act or
an order made under that Act.
(6) This regulation does not apply to cosmetics and
toiletries.
Subdivision 2 Obligations of
suppliers
Note 1 A supplier of hazardous
chemicals may also be a person conducting a business or undertaking at a
workplace.
Note 2 A supplier is defined in
section 25 of the Act as a person who conducts a business or undertaking of
supplying.
Note 3 An operator of a major hazard
facility is required to notify certain quantities of hazardous chemicals under
Part 9.2.
336 Restriction
on age of person who can supply hazardous chemicals
A person conducting a business or undertaking must
not direct or allow a worker to supply a hazardous chemical that is a flammable
gas or flammable liquid to another person into any container or vehicle
provided by that other person unless the worker is at least 16 years of age.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Examples
1 Decanting fuel into a fuel container.
2 Refuelling a car.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
337 Retailer
or supplier packing hazardous chemicals
(1) The supplier of a hazardous chemical must not supply
the hazardous chemical for use at another workplace if the supplier knows or
ought reasonably to know that the hazardous chemical is not correctly packed.
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 retailer who supplies a hazardous chemical in a container
provided by the person supplied with the chemical must ensure that the
hazardous chemical is correctly packed.
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.
338 Supplier
labelling hazardous chemicals
The supplier of a hazardous chemical must not supply
the hazardous chemical to another workplace if the supplier knows or ought reasonably
to know that the hazardous chemical is not correctly labelled in accordance
with regulation 335.
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.
339 Supplier
to provide safety data sheets
(1) The supplier of a hazardous chemical to a workplace
must ensure that the current safety data sheet for the hazardous chemical is
provided with the hazardous chemical:
(a) when the hazardous chemical is first supplied
to the workplace; and
(b) if the safety data sheet for the hazardous chemical
is amended — when the hazardous chemical is first supplied to the
workplace after the safety data sheet is amended.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 hazardous chemical is taken to be first supplied to
a workplace if the supply is the first supply of the hazardous chemical to the
workplace for 5 years.
(3) The supplier of a hazardous chemical to a workplace
must ensure that the current safety data sheet for the hazardous chemical is
provided to a person at the workplace if the person asks for the safety data
sheet.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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) This regulation does not apply to a supplier of a hazardous
chemical if:
(a) the hazardous chemical is a consumer product;
or
(b) the supplier is a retailer.
Note A manufacturer or importer is
required to prepare a safety data sheet under regulation 330.
340 Supply
of prohibited and restricted carcinogens
(1) The supplier of a prohibited carcinogen referred to
in an item in Schedule 10, table 10.1 must not supply the substance unless the
person to be supplied with the substance gives the supplier evidence that:
(a) the substance is to be used, handled or
stored for genuine research or analysis; and
(b) either:
(i) the regulator has authorised the
person to use, handle or store the substance under regulation 384; or
(ii) the regulator has granted an
exemption under Part 11.2 to the person to use, handle or store the
substance.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 supplier of a restricted carcinogen referred to
in an item in Schedule 10, table 10.2, column 2 must not supply the substance
for a use referred to in column 3 for the item unless the person to be supplied
with the substance gives the supplier evidence that:
(a) the regulator has authorised the person to use,
handle or store the substance under regulation 384; or
(b) the regulator has granted an exemption to the
person under Part 11.2 to use, handle or store the substance.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 supplier under subregulation (1) or (2) must keep
a record of:
(a) the name of the person supplied; and
(b) the name and quantity of the substance supplied.
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 supplier must keep the record for 5 years after the
substance was last supplied to the person.
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 3 Obligations of
persons conducting businesses or undertakings
341 Labelling
hazardous chemicals — general requirement
A person conducting a business or undertaking at a
workplace must ensure that a hazardous chemical used, handled or stored at the
workplace is correctly labelled in accordance with regulation 335.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
342 Labelling
hazardous chemicals—containers
(1) A person conducting a business or undertaking at a
workplace must ensure that a hazardous chemical is correctly labelled in
accordance with regulation 335 if the hazardous chemical is:
(a) manufactured at the workplace; or
(b) transferred or decanted from its original container
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.
(2) A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, that a container
that stores a hazardous chemical is correctly labelled in accordance with
regulation 335 while the container contains the hazardous chemical.
(3) A person conducting a business or undertaking at a
workplace must ensure that a container labelled for a hazardous chemical is
used only for the use, handling or storage of the hazardous chemical.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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) This regulation does not apply to a container if:
(a) the hazardous chemical in the container is
used immediately after it is put in the container; and
(b) the container is thoroughly cleaned
immediately after the hazardous chemical is used, handled or stored so that the
container is in the condition it would be in if it had never contained the
hazardous chemical.
343 Labelling
hazardous chemicals — pipe work
A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, that a hazardous
chemical in pipe work is identified by a label, sign or another way on or near
the pipe 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.
344 Person
conducting business or undertaking to obtain and give access to safety data
sheets
(1) A person conducting a business or undertaking at a
workplace must obtain the current safety data sheet for a hazardous chemical
prepared in accordance with these Regulations from the manufacturer, importer
or supplier of the hazardous chemical in the following circumstances:
(a) either:
(i) not later than when the hazardous
chemical is first supplied for use at the workplace; or
(ii) if the person is not able to
obtain the safety data sheet under subparagraph (i) — as soon as
practicable after the hazardous chemical is first supplied to the workplace but
before the hazardous chemical is used at the workplace;
(b) if the safety data sheet for the hazardous
chemical is amended either:
(i) not later than when the hazardous
chemical is first supplied to the workplace after the safety data sheet is
amended; or
(ii) if the person is not able to
obtain the amended safety data sheet under subparagraph (i) — as soon as
practicable after the hazardous chemical is first supplied to the workplace
after the safety data sheet is amended and before the hazardous chemical
supplied is used 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.
(2) The hazardous chemical is taken to be first supplied
to a workplace if the supply is the first supply of the hazardous chemical to
the workplace for 5 years.
(3) The person must ensure that the current safety data
sheet for the hazardous chemical is readily accessible to:
(a) a worker who is involved in using, handling or
storing the hazardous chemical at the workplace; and
(b) an emergency service worker, or anyone else,
who is likely to be exposed to the hazardous chemical 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.
(4) Subregulations (1) and (3) do not apply to a hazardous
chemical that:
(a) is in transit; or
(b) if the person conducting the business or undertaking
at the workplace is a retailer — is:
(i) a consumer product; and
(ii) intended for supply to other
premises; and
(iii) not intended to be opened on the person’s
premises; or
(c) is a consumer product and it is reasonably foreseeable
that the hazardous chemical will be used at the workplace only in:
(i) quantities that are consistent
with household use; and
(ii) a way that is consistent with household
use.
(5) In the circumstances referred to in subregulation (4),
the person must ensure that sufficient information about the safe use, handling
and storage of the hazardous chemical is readily accessible to:
(a) a worker at the workplace; and
(b) an emergency service worker, or anyone else,
who is likely to be exposed to the hazardous chemical 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.
(6) The person must ensure that the current safety data
sheet for the hazardous chemical is readily accessible to a person at the
workplace if the person:
(a) is likely to be affected by the hazardous chemical;
and
(b) asks for the safety data sheet.
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.
345 Changes
to safety data sheets
A person conducting a business or undertaking at a
workplace may change a safety data sheet for a hazardous chemical only if:
(a) the person:
(i) is an importer or manufacturer of
the hazardous chemical; and
(ii) changes the safety data sheet in a
way that is consistent with the duties of the importer or manufacturer under
regulation 330; or
(b) the change is only the attachment of a
translation of the safety data sheet, and clearly states that the translation
is not part of the original safety data sheet.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 The manufacturer or importer
of a hazardous chemical must amend a safety data sheet as necessary to ensure
the information is correct and current (see paragraph 330 (3) (b)).
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.
Division 3 Register and manifest of hazardous chemicals
Subdivision 1 Hazardous
chemicals register
346 Hazardous
chemicals register
(1) A person conducting a business or undertaking at a
workplace must ensure that:
(a) a register of hazardous chemicals used, handled
or stored at the workplace is prepared and kept at the workplace; and
(b) the register is maintained to ensure the
information in the register is up to date.
(2) The register must include:
(a) a list of hazardous chemicals used, handled
or stored; and
(b) the current safety data sheet for each
hazardous chemical listed.
(3) The person must ensure that the register is readily
accessible to:
(a) a worker involved in using, handling or storing
a hazardous chemical; and
(b) anyone else who is likely to be affected by a
hazardous chemical 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.
(4) This regulation does not apply to a hazardous
chemical if:
(a) the hazardous chemical is in transit, unless
there is a significant or frequent presence of the hazardous chemical in
transit at the workplace; or
(b) the hazardous chemical is a consumer product
and the person is not required to obtain a safety data sheet for the hazardous
chemical under regulation 344.
Note See subregulation 344 (4).
Subdivision 2 Manifest of
Schedule 11 hazardous chemicals
Note Regulation 361 requires an emergency
plan to be prepared if the quantity of hazardous chemicals used, handled or
stored at a workplace exceeds the manifest quantity for that hazardous
chemical.
347 Manifest
of hazardous chemicals
(1) A person conducting a business or undertaking at a
workplace must, if the quantity of a Schedule 11 hazardous chemical or group of
Schedule 11 hazardous chemicals used, handled or stored at the workplace
exceeds the manifest quantity for the Schedule 11 hazardous chemical or group
of Schedule 11 hazardous chemicals:
(a) prepare a manifest of Schedule 11 hazardous
chemicals; and
(b) amend the manifest as soon as practicable
if:
(i) the type or quantity of Schedule
11 hazardous chemical or group of Schedule 11 hazardous chemicals that must be
listed in the manifest changes; or
(ii) there is a significant change in
the information required to be recorded in the manifest.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 manifest of Schedule 11 hazardous chemicals must
comply with Schedule 12.
(3) The person must keep the manifest:
(a) in a place determined in agreement with the
primary emergency service organisation; and
(b) available for inspection under the Act; and
(c) readily accessible to the emergency service
organisation.
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.
348 Regulator
must be notified if manifest quantities to be exceeded
(1) A person conducting a business or undertaking at a
workplace must ensure that the regulator is given written notice if a quantity
of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals
that exceeds the manifest quantity is used, handled or stored, or is to be used,
handled or stored, 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.
(2) The notice under subregulation (1) must be given:
(a) immediately after the person knows that the Schedule
11 hazardous chemical or group of Schedule 11 hazardous chemicals is to be first
used, handled or stored at the workplace or at least 14 days before that first
use handling or storage (whichever is earlier); and
(b) immediately after the person knows that there
will be a significant change in the risk of using, handling or storing the
Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals
at the workplace or at least 14 days before that change (whichever is earlier);
and
(c) as soon as practicable after the Schedule 11
hazardous chemical or group of Schedule 11 hazardous chemicals is no longer
used, handled or stored at the workplace and it is not likely to be used,
handled or stored at the workplace in the future.
(3) The notice under subregulation (1) must include the
following:
(a) the name and ABN of the person conducting
the business or undertaking;
(b) the type of business or undertaking
conducted;
(c) if the workplace was previously occupied by
someone else — the name of the most recent previous occupier, if known;
(d) the activities of the business or undertaking
that involve using, handling or storing Schedule 11 hazardous chemicals;
(e) the manifest prepared by the person
conducting the business or undertaking under regulation 347;
(f) in the case of a notice under paragraph (2) (b) —
details of the changes to the manifest.
(4) A person conducting a business or undertaking at a
workplace must ensure that the regulator is given written notice as soon as
practicable after the Schedule 11 hazardous chemical or group of Schedule 11
hazardous chemicals ceases to be used, handled or stored at the workplace if it
is not likely to be used, handled or stored at the workplace in the future.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 notice under subregulation (4) must include the
information referred to in paragraphs (3) (a), (b) and (d).
(6) If the regulator asks for any further information about
the manifest quantity of a Schedule 11 hazardous chemical or group of Schedule
11 hazardous chemicals, the person must ensure that the information is given to
the regulator.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 4 Placards
349 Outer
warning placards — requirement to display
(1) A person conducting a business or undertaking at a
workplace must ensure that an outer warning placard is prominently displayed at
the workplace if the total quantity of a Schedule 11 hazardous chemical or
group of Schedule 11 hazardous chemicals used, handled or stored at the workplace
exceeds the placard quantity for the Schedule 11 hazardous chemical or group of
Schedule 11 hazardous chemicals.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) An outer warning placard must comply with Schedule
13.
(3) This regulation does not apply to a workplace if:
(a) the workplace is a retail outlet; and
(b) the Schedule 11 hazardous chemical or group
of Schedule 11 hazardous chemicals is used to refuel a vehicle, and is
either:
(i) a flammable gas; or
(ii) a flammable liquid.
350 Placard —
requirement to display
(1) A person conducting a business or undertaking at a
workplace must ensure that a placard is prominently displayed at the workplace
if the total quantity of a Schedule 11 hazardous chemical or group of Schedule
11 hazardous chemicals stored at the workplace exceeds the placard quantity for
the Schedule 11 hazardous chemical or group of Schedule 11 hazardous
chemicals.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 placard must comply with Schedule 13.
(3) This regulation does not apply to a Schedule 11 hazardous
chemical or group of Schedule 11 hazardous chemicals if:
(a) the Schedule 11 hazardous chemical or group
of Schedule 11 hazardous chemicals is in bulk in a container, including an
IBC, that is intended for transport and a placard is displayed on the container
in accordance with the ADG Code; or
(b) the Schedule 11 hazardous chemical or group
of Schedule 11 hazardous chemicals is a flammable liquid stored in an
underground tank at a retail outlet and used to refuel a vehicle.
Division 5 Control of risk — obligations of persons conducting
businesses or undertakings
Subdivision 1 General
obligations relating to management of risk
351 Management
of risks to health or safety
(1) A person conducting a business or undertaking must
manage, in accordance with Part 3.1, risks to health and safety associated with
using, handling, generating or storing a hazardous chemical at a workplace.
Note WHS Act — section 19 (see regulation
9).
(2) In managing risks the person must have regard to
the following:
(a) the hazardous properties of the hazardous
chemical;
(b) any potentially hazardous chemical or
physical reaction between the hazardous chemical and another substance or
mixture, including a substance that may be generated by the reaction;
(c) the nature of the work to be carried out
with the hazardous chemical;
(d) any structure, plant or system of work:
(i) that is used in the use, handling,
generation or storage of the hazardous chemical; or
(ii) that could interact with the
hazardous chemical at the workplace.
352 Review
of control measures
In addition to the circumstances in regulation 38,
a person conducting a business or undertaking at a workplace must ensure that
any measures implemented to control risks in relation to a hazardous chemical
at the workplace are reviewed and as necessary revised in any of the following circumstances:
(a) following any change to the safety data
sheet for the hazardous chemical or the register of hazardous chemicals;
(b) if the person obtains a health monitoring report
for a worker under Division 6 that contains:
(i) test results that indicate that
the worker has been exposed to the hazardous chemical and has an elevated level
of metabolites in his or her body for that hazardous chemical; or
(ii) any advice that test results
indicate that the worker may have contracted a disease, injury or illness as a
result of carrying out the work using, handling, generating or storing the hazardous
chemical that triggered the requirement for health monitoring; or
(iii) any recommendation that the person
conducting the business or undertaking take remedial measures, including whether
the worker can continue to carry out the work using, handling, generating or
storing the hazardous chemical that triggered the requirement for health
monitoring;
(c) if monitoring carried out under regulation 50
determines that the airborne concentration of the hazardous chemical at the
workplace exceeds the relevant exposure standard;
(d) at least once every 5 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.
353 Safety
signs
(1) This regulation applies if a safety sign is required
to control an identified risk in relation to using, handling, generating or
storing hazardous chemicals at a workplace.
(2) A person conducting a business or undertaking at the
workplace must display a safety sign at the workplace to:
(a) warn of a particular hazard associated with the
hazardous chemicals; or
(b) state the responsibilities of a particular person
in relation to the hazardous chemicals.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 safety sign is:
(a) located next to the hazard; and
(b) clearly visible to a person approaching the hazard.
(4) In this regulation, safety sign does not
include a placard.
354 Identification
of risk of physical or chemical reaction
(1) A person conducting a business or undertaking at a
workplace must identify any risk of a physical or chemical reaction in relation
to a hazardous chemical used, handled, generated or stored at a 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) Subregulation (1) does not apply if the hazardous chemical
undergoes the physical or chemical reaction in a manufacturing process or as
part of a deliberate process or activity at the workplace.
(3) A person conducting a business or undertaking at a
workplace must take all reasonable steps to ensure that a hazardous chemical is
used, handled, generated or stored so as not to contaminate food, food
packaging or personal use products.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Examples
Personal use products:
• cosmetics;
• face
washer.
Note Section 12F of the Act provides that
strict liability applies 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) Subregulation (3) does not apply to the use of a hazardous
chemical for agricultural purposes if:
(a) the hazardous chemical is used in accordance
with a relevant law of a State specified in a corresponding WHS law; or
(b) if no relevant law of a State is specified in
a corresponding WHS law — the hazardous chemical is regulated under another
law of the State.
355 Specific control —
fire and explosion
A person conducting a business or undertaking at a
workplace must, if there is a possibility of fire or explosion in a hazardous
area being caused by an ignition source being introduced into the area, ensure
that the ignition source is not introduced into the area (from outside or
within 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.
356 Keeping
hazardous chemicals stable
(1) A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, that a hazardous
chemical used, handled or stored at the workplace does not become unstable,
decompose or change so as to:
(a) create a hazard that is different from the
hazard originally created by the hazardous chemical; or
(b) significantly increase the risk associated
with any hazard in relation to the hazardous chemical.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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) if the stability of a hazardous chemical
used, handled or stored at the workplace is dependent on the maintenance of the
proportions of the ingredients of the hazardous chemical — the proportions
are maintained as stated in the safety data sheet for the chemical or by the
manufacturer of the hazardous chemical; and
(b) if a hazardous chemical used, handled or stored
at the workplace is known to be unstable above a particular temperature — the
hazardous chemical is used, handled or stored at or below that temperature.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) This regulation does not apply if:
(a) the hazardous chemical is changed or allowed
to become unstable, without risk to health or safety, as part of a deliberate process
or activity at the workplace; or
(b) the hazardous chemical undergoes a chemical
reaction in a manufacturing process or as part of a deliberate process or
activity at the workplace.
Subdivision 2 Spills and
damage
357 Containing
and managing spills
(1) A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, that where there is
a risk from a spill or leak of a hazardous chemical in a solid or liquid form,
provision is made in each part of the workplace where the hazardous chemical is
used, handled, generated or stored for a spill containment system that contains
within the workplace any part of the hazardous chemical that spills or leaks,
and any resulting effluent.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 the spill containment
system does not create a hazard by bringing together different hazardous
chemicals that are not compatible.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 spill containment
system provides for the cleanup and disposal of a hazardous chemical that
spills or leaks, and any resulting effluent.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) In subregulation (2), compatible, for 2 or
more substances, mixtures or items, means that the substances, mixtures or
items do not react together to cause a fire, explosion, harmful reaction or
evolution of flammable, toxic or corrosive vapour.
358 Protecting
hazardous chemicals from damage
A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, that containers of
hazardous chemicals and any associated pipe work or attachments are protected
against damage caused by an impact or excessive loads.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 3 Emergency plans
and safety equipment
359 Fire
protection and firefighting equipment
(1) A person conducting a business or undertaking at a
workplace must ensure the following:
(a) the workplace is provided with fire
protection and firefighting equipment that is designed and built for the types
of hazardous chemicals at the workplace in the quantities in which they are
used, handled, generated or stored at the workplace, and the conditions under
which they are used, handled, generated or stored, having regard to:
(i) the fire load of the hazardous
chemicals; and
(ii) the fire load from other sources;
and
(iii) the compatibility of the hazardous
chemicals with other substances and mixtures at the workplace;
(b) the fire protection and firefighting
equipment is compatible with firefighting equipment used by the primary
emergency services organisation;
(c) the fire protection and firefighting
equipment is properly installed, tested and maintained;
(d) a dated record is kept of the latest testing
results and maintenance until the next test is conducted.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 part of the fire protection and firefighting equipment
provided at the workplace becomes unserviceable or inoperative, the person must
ensure that:
(a) the implications of the equipment being unserviceable
or inoperative are assessed; and
(b) for risks that were controlled by the equipment
when functioning fully, alternative measures are taken to manage the risks.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 fire protection and
firefighting equipment is returned to full operation as soon as 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.
360 Emergency
equipment
A person conducting a business or undertaking at a
workplace that uses, handles, generates or stores hazardous chemicals must
ensure that equipment is always available at the workplace for use in an emergency.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note A person conducting a business or
undertaking must comply with Division 4 of Part 3.2.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
361 Emergency
plans
(1) This regulation applies if the quantity of a Schedule
11 hazardous chemical used, handled, generated or stored at a workplace exceeds
the manifest quantity for that hazardous chemical.
(2) A person conducting a business or undertaking at the
workplace must give a copy of the emergency plan prepared under Division 4 of
Part 3.2 for the workplace to the primary emergency service organisation.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) If the primary emergency service organisation gives
the person a written recommendation about the content or effectiveness of the
emergency plan, the person must revise the plan in accordance with the
recommendation.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
362 Safety
equipment
(1) This regulation applies if safety equipment is required
to control an identified risk in relation to using, handling, generating or
storing hazardous chemicals at a workplace.
(2) A person conducting a business or undertaking at the
workplace must ensure that the safety equipment is provided, maintained and
readily accessible to 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.
Subdivision 4 Storage and
handling systems
363 Control
of risks from storage or handling systems
(1) A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, that a system used
at the workplace for the use, handling or storage of hazardous chemicals:
(a) is used only for a purpose for which it was
designed, manufactured, modified, supplied or installed; and
(b) is operated, tested, maintained, installed,
repaired and decommissioned having regard to the health and safety of workers
and other 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.
(2) The person must ensure that sufficient information, training
and instruction is given to a person who operates, tests, maintains or
decommissions a system used at a workplace for the use, handling or storage of
hazardous chemicals for the activity to be carried out safely.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Example
Information provided at a training course.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
364 Containers
for hazardous chemicals used, handled or stored in bulk
A person conducting a business or undertaking at a
workplace must ensure that a container in which a hazardous chemical is used,
handled or stored in bulk and any associated pipe work or attachments:
(a) have stable foundations and supports; and
(b) are secured to the foundations and supports
to prevent any movement between the container and the associated pipe work or
attachments to prevent:
(i) damage to the container, the
associated pipe work or attachments; and
(ii) a notifiable incident.
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.
365 Stopping
use and disposing of handling systems
(1) This regulation applies to a system used at a
workplace for the use, handling or storage of hazardous chemicals if a person
conducting a business or undertaking at the workplace intends that the system
no longer be used for the use, handling or storage of the hazardous chemicals
or be disposed of.
(2) The person must ensure, so far as is reasonably
practicable, that the system is free of the hazardous chemicals when the system
stops being used for the use, handling or storage of the hazardous chemicals or
is disposed of.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) If it is not reasonably practicable to remove the hazardous
chemicals from the system, the person must correctly label the system.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 For correctly labelling
hazardous chemicals, see Subdivision 3 of Division 2.
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.
366 Stopping
use of underground storage and handling systems
(1) This regulation applies in relation to a system used
at a workplace for the use, handling or storage of hazardous chemicals
underground if a person conducting a business or undertaking at the workplace
intends that the system no longer be used for the use, handling or storage of
the hazardous chemicals or be disposed of.
(2) The person must ensure, so far as is reasonably practicable,
that the system is removed.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) If it is not reasonably practicable to remove the system,
the person must ensure, so far as is reasonably practicable, that the system is
without risks to health and safety.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
367 Notification
of abandoned tank
(1) This regulation applies to a person conducting a
business or undertaking at a workplace if:
(a) the person controls or manages a tank at the
workplace that is underground, partially underground or fully mounded; and
(b) the tank was used to store flammable gases or
flammable liquids.
(2) The tank is taken to be abandoned if:
(a) the tank has not been used to store
flammable gases or flammable liquids for 2 years; or
(b) the person does not intend to use the tank to
store flammable gases or flammable liquids again.
(3) The person must notify the regulator of the
abandonment of the tank as soon as practicable after the tank is abandoned.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides
that strict liability applies to each physical element of each offence under
the Act, unless otherwise stated. The reference in section 12F of the Act
includes these Regulations.
(4) In this regulation:
tank
means a container, other than an IBC designed to use, handle or
store hazardous chemicals in bulk, and includes fittings, closures and other
equipment attached to the container.
Division 6 Health monitoring
368 Duty
to provide health monitoring
A person conducting a business or undertaking must
ensure that health monitoring is provided to a worker carrying out work for the
business or undertaking if:
(a) the worker is carrying out ongoing work at a
workplace using, handling, generating or storing hazardous chemicals and there
is a significant risk to the worker’s health because of exposure to a hazardous
chemical referred to in Schedule 14, table 14.1, column 2; or
(b) the person identifies that because of
ongoing work carried out by a worker using, handling, generating or storing
hazardous chemicals there is a significant risk that the worker will be exposed
to a hazardous chemical (other than a hazardous chemical referred to in
Schedule 14, table 14.1) and either:
(i) valid techniques are available to
detect the effect on the worker’s health; or
(ii) a valid way of determining
biological exposure to the hazardous chemical is available and it is uncertain,
on reasonable grounds, whether the exposure to the hazardous chemical has
resulted in the biological exposure standard being exceeded.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 The biological exposure
standard is published by Safe Work Australia.
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.
369 Duty
to inform of health monitoring
A person conducting a business or undertaking who
is required to provide health monitoring to a worker must give information
about the health monitoring requirements to:
(a) a person who is likely to be engaged to
carry out work using, handling, generating or storing a hazardous chemical; and
(b) a worker for the business or undertaking, before
the worker commences work using, handling, generating or storing a hazardous chemical.
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.
370 Duty
to ensure that appropriate health monitoring is provided
A person conducting a business or undertaking must
ensure that health monitoring of a worker referred to in regulation 368
includes health monitoring of a type referred to in an item in Schedule 14,
table 14.1, column 3 in relation to a hazardous chemical referred to in column
2 for the item, unless:
(a) an equal or better type of health monitoring
is available; and
(b) the use of that other type of monitoring is recommended
by a registered medical practitioner with experience in health monitoring.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
371 Duty
to ensure health monitoring is supervised by registered medical practitioner
with experience.
(1) A person conducting a business or undertaking must
ensure that the health monitoring of a worker referred to in regulation 368 is
carried out by or under the supervision of a registered medical practitioner
with experience in health monitoring.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 consult the worker in relation to the
selection of the registered medical practitioner.
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.
372 Duty
to pay costs of health monitoring
(1) A person conducting a business or undertaking must
pay all expenses relating to health monitoring referred to in regulation 368.
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 2 or more persons conducting businesses or
undertakings have a duty to provide health monitoring for a worker and have
arranged for one of them to commission the health monitoring, the costs of the
health monitoring for which any of those persons is liable must be apportioned
equally between each of those persons unless they agree otherwise.
373 Information
that must be provided to registered medical practitioner
A person conducting a business or undertaking who commissions
health monitoring for a worker must provide the following information to the registered
medical practitioner carrying out or supervising the health monitoring:
(a) the name and address of the person conducting
the business or undertaking;
(b) the name and date of birth of the worker;
(c) the work that the worker is, or will be, carrying
out that has triggered the requirement for health monitoring;
(d) if the worker has started that work — how
long the worker has been carrying out 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.
374 Duty
to obtain health monitoring report
(1) A person conducting a business or undertaking who
commissions health monitoring referred to in regulation 368 must take all
reasonable steps to obtain a health monitoring report from the registered
medical practitioner who carried out or supervised the monitoring as soon as
practicable after the monitoring is carried out in relation to a 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.
(2) The health monitoring report must include the
following:
(a) the name and date of birth of the worker;
(b) the name and registration number of the
registered medical practitioner;
(c) the name and address of the person
conducting the business or undertaking who commissioned the health monitoring;
(d) the date of the health monitoring;
(e) any test results that indicate whether or
not the worker has been exposed to a hazardous chemical;
(f) any advice that test results indicate that
the worker may have contracted a disease, injury or illness as a result of
carrying out the work that triggered the requirement for health monitoring;
(g) any recommendation that the person conducting
the business or undertaking take remedial measures, including whether the
worker can continue to carry out the type of work that triggered the
requirement for health monitoring;
(h) whether medical counselling is required for
the worker in relation to the work that triggered the requirement for health
monitoring.
375 Duty
to give health monitoring report to worker
The person conducting a business or undertaking who
commissioned health monitoring for a worker must give a copy of the health
monitoring report to the worker as soon as practicable after the person obtains
the report.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
376 Duty
to give health monitoring report to regulator
A person conducting a business or undertaking for whom
a worker is carrying out work for which health monitoring is required must give
a copy of the health monitoring report relating to a worker to the regulator as
soon as practicable after obtaining the report if the report contains:
(a) any advice that test results indicate that
the worker may have contracted a disease, injury or illness as a result of
carrying out the work using, handling, generating or storing hazardous
chemicals that triggered the requirement for health monitoring; or
(b) any recommendation that the person conducting
the business or undertaking take remedial measures, including whether the
worker can continue to carry out the work using, handling, generating or
storing hazardous chemicals that triggered the requirement for health
monitoring.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
377 Duty
to give health monitoring report to relevant persons conducting businesses or
undertakings
The person who commissioned health monitoring for a
worker under regulation 368 must give a copy of the health monitoring report to
all other persons conducting businesses or undertakings who have a duty to
provide health monitoring for the worker as soon as practicable after obtaining
the report.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
378 Health
monitoring records
(1) A person conducting a business or undertaking must
ensure that health monitoring reports in relation to a worker carrying out work
for the business or undertaking are kept as a confidential record:
(a) identified as a record in relation to the
worker; and
(b) for at least 30 years after 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.
(2) The person must ensure that the health monitoring report
and results of a worker are not disclosed to another person without the worker’s
written consent.
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) Subregulation (2) does not apply if the record is disclosed
under regulation 376 or 377 or to a person who must keep the record
confidential under a duty of professional confidentiality.
Division 7 Induction, information, training and supervision
379 Duty
to provide supervision
(1) A person conducting a business or undertaking at a
workplace must provide any supervision to a worker that is necessary to protect
the worker from risks to the worker’s health and safety arising from the work
if, at the workplace, the worker:
(a) uses, handles, generates or stores a hazardous
chemical; or
(b) operates, tests, maintains, repairs or decommissions
a storage or handling system for a hazardous chemical; or
(c) is likely to be exposed to a hazardous chemical.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 the supervision of the
worker is suitable and adequate having regard to:
(a) the nature of the risks associated with the
hazardous chemical; and
(b) the information, training and instruction
required under regulation 39.
Note In addition, paragraph 19 (3) (f)
of the Act requires the provision of information, training, instruction and supervision.
Division 8 Prohibition, authorisation and restricted use
380 Using,
handling and storing prohibited carcinogens
A person conducting a business or undertaking at a
workplace must not use, handle or store, or direct or allow a worker at the workplace
to use, handle or store, a prohibited carcinogen referred to in Schedule 10,
table 10.1, column 2 unless:
(a) the prohibited carcinogen is used, handled
or stored for genuine research or analysis; and
(b) the regulator has authorised the use, handling
or storage of the prohibited carcinogen under regulation 384.
Note See section 43 of the Act.
381 Using,
handling and storing restricted carcinogens
A person conducting a business or undertaking at a
workplace must not use, handle or store, or direct or allow a worker at the
workplace to use, handle or store, a restricted carcinogen referred to in an
item in Schedule 10, table 10.2, column 2 for a purpose referred to in column 3
for the item unless the regulator has authorised the use, handling or storage
of the restricted carcinogen under regulation 384.
Note See section 43 of the Act.
382 Using,
handling and storing restricted hazardous chemicals
(1) A person conducting a business or undertaking at a
workplace must not use, handle or store, or direct or allow a worker at the
workplace to use, handle or store, a restricted hazardous chemical referred to
in an item in Schedule 10, table 10.3, column 2 for a purpose referred to in
column 3 for the item.
(2) A person conducting a business or undertaking at a
workplace must not use, handle or store, or direct or allow a worker at the
workplace to use, handle or store, polychlorinated biphenyls (PCBs) unless the
use, handling or storage is:
(a) in relation to existing electrical equipment
or construction material; or
(b) for disposal purposes; or
(c) for genuine research and analysis.
Note See section 43 of the Act.
383 Application
for authorisation to use, handle or store prohibited and restricted carcinogens
(1) A person conducting a business or undertaking at a
workplace may apply in writing to the regulator for authorisation to use,
handle or store a prohibited carcinogen or restricted carcinogen referred to in
Schedule 10 at the workplace.
(2) The application must include the following information:
(a) the applicant’s name and business address;
(b) if the applicant conducts the business or undertaking
under a business name, that business name;
(c) the name and address of the supplier of the carcinogen;
(d) the address where the carcinogen will be used,
handled or stored;
(e) the name of the carcinogen;
(f) the quantity of the carcinogen to be used,
handled or stored at the workplace each year;
(g) the purpose and activity for which the
carcinogen will be used, handled or stored;
(h) the number of workers that may be exposed to
the carcinogen;
(i) information about how the person will
manage risks to health and safety, including a summary of the steps taken, or
to be taken, by the person in relation to the following:
(i) hazard identification;
(ii) control measures;
(iii) if elimination or substitution of
the carcinogen is not reasonably practicable — why the elimination or
substitution is not reasonably practicable;
(j) any other information requested by the
regulator.
384 Authorisation
to use, handle or store prohibited carcinogens and restricted carcinogens
(1) If a person applies under regulation 383, the
regulator may grant an authorisation to use, handle or store a prohibited
carcinogen or restricted carcinogen under this regulation.
(2) The regulator may authorise the person to use,
handle or store a prohibited carcinogen referred to in an item in Schedule 10,
table 10.1 at the workplace only if the carcinogen will be used, handled or
stored only for genuine research or analysis.
(3) The regulator may authorise the person to use,
handle or store a restricted carcinogen referred to in an item in Schedule 10,
table 10.2 at the workplace only if the carcinogen will be used, handled or
stored only for a use referred to in column 3 for the item.
(4) The regulator may impose any conditions on the
authorisation that the regulator considers necessary to achieve the objectives
of the Act or these Regulations.
(5) The regulator must refuse to authorise the use,
handling or storage of the carcinogen for a use not referred to in this
regulation.
Note A decision to refuse an
authorisation is a reviewable decision (see regulation 676).
385 Changes
to information in application to be reported
A person who applies under regulation 383 for authorisation
to use, handle or store a prohibited carcinogen or restricted carcinogen must
give the regulator written notice of any change in the information given in the
application before the change or as soon as practicable after the person becomes
aware of the change.
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.
386 Regulator
may cancel authorisation
The regulator may cancel an authorisation to use, handle
or store a prohibited carcinogen or restricted carcinogen given under regulation
384 if satisfied that:
(a) the person granted the authorisation has not
complied with a condition on the authorisation; or
(b) the risk to the health or safety of a worker
that may be affected by using, handling or storing the carcinogen has changed
since the authorisation was granted.
Note A decision to cancel an
authorisation is a reviewable decision (see regulation 676).
387 Statement
of exposure to be given to workers
(1) This regulation applies if:
(a) a person conducting a business or undertaking
at a workplace is authorised under regulation 384 to use, handle or store a
prohibited carcinogen or restricted carcinogen at the workplace; and
(b) a worker uses, handles or stores the
prohibited carcinogen or restricted carcinogen at the workplace.
(2) This regulation applies whether or not the person
conducting the business or undertaking is required to be authorised by the
regulator to use handle or store the prohibited or restricted carcinogen.
Note Under regulation 749, the duty to be
authorised does not apply until 1 January 2013.
(3) The person must give to the worker, at the end of
the worker’s engagement by the person, a written statement of the following:
(a) the name of the prohibited or restricted
carcinogen to which the worker may have been exposed during the engagement;
(b) the time the worker may have been exposed;
(c) how and where the worker may obtain records
of the possible exposure;
(d) whether the worker should undertake regular
health assessments, and the relevant tests to undertake.
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.
388 Records
to be kept
(1) This regulation applies if a person conducting a
business or undertaking at a workplace is authorised under regulation 384 to
use, handle or store a prohibited carcinogen or restricted carcinogen at the
workplace.
(2) The person must:
(a) record the full name, date of birth and
address of each worker likely to be exposed to the prohibited carcinogen or
restricted carcinogen during the period of authorisation; and
(b) keep a copy of each authorisation given to
the person including any conditions imposed on the authorisation.
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 keep the records for 30 years after
the authorisation ends.
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 9 Pipelines
389 Management
of risk by pipeline owner
(1) The owner of a pipeline used to transfer hazardous
chemicals must manage risks associated with the transfer of the hazardous
chemicals through that pipeline.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Example
Risks associated with the testing, installation, commissioning,
operation, maintenance and decommissioning of the pipeline.
Note Section 12F of the Act provides that
strict liability applies 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 owner of a pipeline used to transfer hazardous chemicals
must ensure, so far as is reasonably practicable, that an activity, structure,
equipment or substance that is not part of the pipeline does not affect the
hazardous chemicals or the pipeline in a way that increases risk.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
390 Pipeline
builder’s duties
(1) This regulation applies to a person who intends to build
a pipeline that will:
(a) cross into a public place; and
(b) be used to transfer a Schedule 11 hazardous chemical.
(2) The person must ensure that, before the building of
the pipeline commences, the regulator is given the following information:
(a) the name of the pipeline’s intended owner
and operator;
(b) the pipeline’s specifications;
(c) the intended procedures for the operation,
maintenance, renewal and relaying of the pipeline;
(d) any public place that the pipeline will
cross;
(e) the intended emergency response procedures.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure that the regulator is given
the information in the following circumstances:
(a) before the pipeline is commissioned;
(b) before the pipeline is likely to contain a
hazardous chemical;
(c) if there is any change in the information
given under subregulation (2) — when the information changes;
(d) if part of the pipeline is to be repaired —
before the pipeline is repaired;
(e) if part of the pipeline is removed,
decommissioned, closed or abandoned — when the removal, decommissioning,
closure or abandonment 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.
391 Management
of risks to health and safety by pipeline operator
(1) A person conducting a business or undertaking at a
workplace who is the operator of a pipeline (the operator) used
to transfer hazardous chemicals must manage, in accordance with Part 3.1, risks
to health and safety associated with the transfer of the hazardous chemicals
through the pipeline.
Note WHS Act — section 19 (see regulation
9).
(2) The operator of a pipeline used to transfer a hazardous
chemical must ensure, so far as is reasonably practicable, that the hazardous chemical
transferred is identified by a label, sign or another way on or near the
pipeline.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 operator of a pipeline that transfers a Schedule
11 hazardous chemical into a public place must ensure that the regulator is
notified of:
(a) the supplier of the hazardous chemical; and
(b) the receiver of the hazardous chemical; and
(c) the correct classification of the hazardous chemical.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Part 7.2 Lead
Note In workplaces where lead processes
are carried out, this Part applies in addition to Part 7.1.
Division 1 Lead process
392 Meaning
of lead process
In this Part, a lead process
consists of any of the following carried out at a workplace:
(a) work that exposes a person to lead dust or lead
fumes arising from the manufacture or handling of dry lead compounds;
(b) work in connection with the manufacture, assembly,
handling or repair of, or parts of, batteries containing lead that involves the
manipulation of dry lead compounds, or pasting or casting lead;
(c) breaking up or dismantling batteries containing
lead, or sorting, packing and handling plates or other parts containing lead that
are removed or recovered from the batteries;
(d) spraying molten lead metal or alloys containing
more than 5% by weight of lead metal;
(e) melting or casting lead alloys containing more
than 5% by weight of lead metal in which the temperature of the molten material
exceeds 450° C;
(f) recovering lead from its ores, oxides or
other compounds by thermal reduction process;
(g) dry machine grinding, discing, buffing or
cutting by power tools alloys containing more than 5% by weight of lead metal;
(h) machine sanding or buffing surfaces coated
with paint containing more than 1% by dry weight of lead;
(i) a process by which electric arc, oxyacetylene,
oxy gas, plasma arc or a flame is applied for welding, cutting or cleaning, to
the surface of metal coated with lead or paint containing more than 1% by dry
weight of lead metal;
(j) radiator repairs that may cause exposure to
lead dust or lead fumes;
(k) fire assays if lead, lead compounds or lead
alloys are used;
(l) hand grinding and finishing lead or alloys
containing more than 50% by dry weight of lead;
(m) spray painting with lead paint containing more
than 1% by dry weight of lead;
(n) melting lead metal or alloys containing more
than 50% by weight of lead metal if the exposed surface area of the molten
material exceeds 0.1 square metre and the temperature of the molten material
does not exceed 450° C;
(o) using a power tool, including abrasive
blasting and high pressure water jets, to remove a surface coated with paint
containing more than 1% by dry weight of lead and handling waste containing
lead resulting from the removal;
(p) a process that exposes a person to lead dust or
lead fumes arising from manufacturing or testing detonators or other explosives
that contain lead;
(q) a process that exposes a person to lead dust or
lead fumes arising from firing weapons at an indoor firing range;
(r) foundry processes involving:
(i) melting or casting lead alloys
containing more than 1% by weight of lead metal in which the temperature of the
molten material exceeds 450° C; or
(ii) dry machine grinding, discing,
buffing or cutting by power tools lead alloys containing more than 1% by weight
of lead metal;
(s) a process decided by the regulator to be a lead
process under regulation 393.
393 Regulator
may decide lead process
(1) The regulator may decide that a process to be
carried out at a workplace is a lead process.
(2) The regulator must not decide that the process is a
lead process unless the regulator is satisfied on reasonable grounds that the
process creates a risk to the health of a worker at the workplace having regard
to blood lead levels of workers, or airborne lead levels, at the workplace.
Note A decision that a process is a lead
process is a reviewable decision (see regulation 676).
(3) The regulator must, within 14 days after a decision
is made under subregulation (1), give written notice of the decision to the
person conducting a business or undertaking at the workplace.
394 Meaning
of lead risk work
In this Part, lead risk work means
work carried out in a lead process that is likely to cause the blood lead level
of a worker carrying out the work to exceed:
(a) for a female of reproductive capacity —
10μg/dL (0.48μmol/L); or
(b) in any other case — 30μg/dL
(1.45μmol/L).
395 Duty
to give information about health risks of lead process
(1) A person conducting a business or undertaking that
carries out a lead process must give information about the lead process to:
(a) a person who is likely to be engaged to
carry out the lead process — before the person is engaged; and
(b) a worker for the business or undertaking —
before the worker commences the lead process.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 work is identified as lead risk work after a worker
commences the work, the person conducting a business or undertaking must give information
about the lead process to the worker as soon as practicable after it is
identified as lead risk work and before health monitoring of the worker is
provided under Division 4 of this Part.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 information that must be given is:
(a) information about the health risks and toxic
effects associated with exposure to lead; and
(b) if the lead process involves lead risk work —
the need for, and details of, health monitoring under Division 4 of this Part.
Division 2 Control of risk
396 Containment
of lead contamination
A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, that contamination
by lead is confined to a lead process area 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.
397 Cleaning
methods
(1) A person conducting a business or undertaking at a
workplace must ensure, so far as is reasonably practicable, that a lead process
area at the workplace is kept clean.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 the methods used to clean
a lead process area:
(a) do not create a risk to the health of
persons in the immediate vicinity of the area; and
(b) do not have the potential to spread the contamination
of lead.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
398 Prohibition
on eating, drinking and smoking
(1) A person conducting a business or undertaking at a
workplace must take all reasonable steps to ensure that a person does not eat,
drink, chew gum, smoke or carry materials used for smoking in a lead process
area 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.
(2) A person conducting a business or undertaking at a
workplace must provide workers with an eating and drinking area that, so far as
is reasonably practicable, cannot be contaminated with lead from a lead
process.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
399 Provision
of changing and washing facilities
(1) A person conducting a business or undertaking at a
workplace must provide and maintain in good working order changing rooms and
washing, showering and toilet facilities at the workplace so as to:
(a) minimise secondary lead exposure from contaminated
clothing; and
(b) minimise ingestion of lead; and
(c) avoid the spread of lead contamination.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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, so far as is reasonably
practicable, that workers at the workplace remove clothing and equipment that
is or is likely to be contaminated with lead, and wash their hands and faces,
before entering an eating or drinking area 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.
400 Laundering,
disposal and removal of personal protective equipment
(1) A person conducting a business or undertaking at a
workplace must ensure that personal protective equipment that is likely to be
contaminated with lead dust:
(a) is sealed in a container before being
removed from the lead process area; and
(b) so far as is reasonably practicable, is
disposed of on the completion of the lead process work at a site equipped to
accept lead‑contaminated equipment; and
(c) if it is not reasonably practicable to
dispose of the personal protective equipment that is clothing:
(i) is laundered at a laundry, whether
on‑site or off‑site, equipped to launder lead‑contaminated clothing; or
(ii) if it is not practicable to
launder the clothing — is kept in the sealed container until it is re‑used
for lead process work; and
(d) if it is not reasonably practicable to
dispose of the personal protective equipment that is not clothing:
(i) is decontaminated before it is
removed from the lead process area; or
(ii) if it is not practicable to
decontaminate the equipment in the lead process area — is kept in the
sealed container until it is re‑used for lead process work.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Example
Work boots.
Note Section 12F of the Act provides that
strict liability applies 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 sealed container referred
to in subregulation (1) is decontaminated before being removed from the lead
process area.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 Regulation 335 also requires
the container to be labelled to indicate the presence of lead.
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 take all reasonable steps to ensure
that clothing contaminated with lead‑dust is not removed from the workplace
unless it is to be:
(a) laundered in accordance with this
regulation; or
(b) disposed of.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
401 Review
of control measures
(1) A person conducting a business or undertaking at a
workplace must ensure that any measures implemented to control health risks
from exposure to lead at the workplace are reviewed and, as necessary, revised
in the following circumstances:
(a) a worker is removed from carrying out lead
risk work at the workplace under regulation 415;
(b) the person obtains a health monitoring
report for a worker under Division 4 that contains:
(i) test
results that indicate that the worker has reached or exceeded the relevant
blood lead level for that worker under regulation 415; and
(ii) any advice that test results
indicate that the worker may have contracted a disease, injury or illness as a
result of carrying out the lead risk work that triggered the requirement for
health monitoring; and
(iii) any recommendation that the person
conducting the business or undertaking take remedial measures, including a
recommendation that the worker be removed from carrying out lead risk work at
the workplace;
(c) the control measure does not control the
risk it was implemented to control so far as is reasonably practicable;
Examples
1 Results of
any monitoring.
2 A notifiable
incident occurs because of the risk.
(d) 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;
(e) a new relevant hazard or risk is identified;
(f) the results of consultation by the person
under the Act or these Regulations indicate that a review is necessary;
(g) a health and safety representative requests a
review under subregulation (3);
(h) the regulator requires the review;
(i) at least once every 5 years.
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) Without limiting paragraph (1) (d), 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.
(3) 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 (1) (a),
(b), (c), (d), (e) or (f) 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.
Division 3 Lead risk work
402 Identifying
lead risk work
(1) A person conducting a business or undertaking at a
workplace must assess each lead process carried out by the business or
undertaking at the workplace to determine if lead risk work is carried out in
the process.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 assessing a lead process, the person must have
regard to the following:
(a) past biological monitoring results of
workers;
(b) airborne lead levels;
(c) the form of lead used;
(d) the tasks and processes required to be
undertaken with lead;
(e) the likely duration and frequency of
exposure to lead;
(f) possible routes of exposure to lead;
(g) any information about incidents, illnesses or
diseases in relation to the use of lead at the workplace.
(3) In assessing a lead process, the person must not
have regard to the effect of using personal protective equipment on the health
and safety of workers at the workplace.
(4) If a person conducting a business or undertaking at
a workplace is unable to determine whether lead risk work is carried out in a
lead process at the workplace, the process is taken to include lead risk work
until the person determines that lead risk work is not carried out in the
process.
403 Notification
of lead risk work
(1) Subject to subregulation (5), if a person conducting
a business or undertaking at a workplace determines that work at the workplace
is lead risk work, the person must give the regulator written notice within 7
days that the work is lead 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.
(2) A notice under this regulation must state the kind
of lead process being carried out that includes the lead risk work.
(3) The person must:
(a) keep a copy of the notice given to the
regulator while the lead risk work is carried out at the workplace; and
(b) ensure that a copy of the notice is readily
accessible to a worker who is likely to be exposed to lead, and the worker’s
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.
(4) Subregulation (5) applies to an emergency service
organisation in relation to work carried out by an emergency service worker
who, at the direction of the emergency service organisation, is:
(a) rescuing a person; or
(b) providing first aid to a person.
(5) The emergency service organisation must give notice
under subregulation (1) as soon as practicable after determining that the work
is lead risk work.
404 Changes
to information in notification of lead risk work
(1) A person conducting a business or undertaking at a
workplace must give the regulator written notice of any change in the
information given in a notice under regulation 403 before the change or as soon
as practicable after the person becomes aware of the change.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The person must:
(a) keep a copy of the notice given to the regulator
while the lead risk work is carried out at the workplace; and
(b) ensure that a copy of the notice is readily accessible
to a worker who is likely to be exposed to lead, and the worker’s health and safety
representative.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 4 Health monitoring
405 Duty
to provide health monitoring before first commencing lead risk work
(1) A person conducting a business or undertaking at a
workplace must ensure that health monitoring is provided to a worker:
(a) before the worker first commences lead risk work
for the person; and
(b) 1 month after the worker first commences lead
risk work for the person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) If work is identified as lead risk work after a worker
commences the work, the person conducting the business or undertaking must ensure
that health monitoring of the worker is provided:
(a) as soon as practicable after the lead risk
work is identified; and
(b) 1 month after the first monitoring of the
worker under paragraph (a).
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
406 Duty
to ensure that appropriate health monitoring is provided
Subject to regulation 407, a person conducting a
business or undertaking must ensure that health monitoring of a worker referred
to in regulation 405 includes health monitoring of a type referred to in an
item in Schedule 14, table 14.2 unless:
(a) an equal or better type of health monitoring
is available; and
(b) the use of that other type of monitoring is
recommended by a registered medical practitioner with experience in health
monitoring.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
407 Frequency
of biological monitoring
(1) A person conducting a business or undertaking at a
workplace must arrange for biological monitoring of each worker who carries out
lead risk work for the person to be carried out at the following times:
(a) for females not of reproductive capacity
and males:
(i) if the last monitoring shows a
blood lead level of less than 30μg/dL (1.45μmol/L) — 6 months after the
last biological monitoring of the worker; or
(ii) if the last monitoring shows a
blood lead level of 30μg/dL (1.45μmol/L) or more but less than 40μg/dL (1.93μmol/L) —
3 months after the last biological monitoring of the worker; or
(iii) if the last monitoring shows a
blood lead level of 40μg/dL (1.93μmol/L) or more — 6 weeks after the last
biological monitoring of the worker;
(b) for females of reproductive capacity:
(i) if the last monitoring shows a
blood lead level of less than 10μg/dL (0.48μmol/L) — 3 months after the
last biological monitoring of the worker; or
(ii) if the last monitoring shows a
blood lead level of 10μg/dL (0.48μmol/L) or more — 6 weeks after the last
biological monitoring 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.
(2) The person must increase the frequency of biological
monitoring of a worker who carries out lead risk work if the worker carries out
an activity that is likely to significantly change the nature or increase the
duration or frequency of the worker’s lead exposure.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 regulator may determine a different frequency
for biological monitoring of workers at a workplace, or a class of workers,
carrying out lead risk work having regard to:
(a) the nature of the work and the likely duration
and frequency of the workers’ lead exposure; and
(b) the likelihood that the blood lead level of
the workers will significantly increase.
(4) The regulator must give a person conducting a
business or undertaking written notice of a determination under subregulation
(3) within 14 days after making the determination.
(5) The person conducting a business or undertaking at
the workplace must arrange for biological monitoring to be carried out at the
frequency stated in a determination notified to the person under subregulation
(4).
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 A determination of a
different frequency for biological monitoring is a reviewable decision (see
regulation 676).
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.
408 Duty
to ensure health monitoring is supervised by registered medical practitioner
with relevant experience
(1) A person conducting a business or undertaking must
ensure that the health monitoring of a worker referred to in this Division is
carried out by or under the supervision of a registered medical practitioner
with experience in health monitoring.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 consult the worker in relation to
the selection of the registered medical practitioner.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
409 Duty
to pay costs of health monitoring
(1) A person conducting a business or undertaking must
pay all expenses relating to health monitoring referred to in this Division.
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 2 or more persons conducting businesses or
undertakings have a duty to provide health monitoring for a worker and have
arranged for one of them to commission the health monitoring, the costs of the
health monitoring for which any of those persons is liable must be apportioned
equally between each of those persons unless they agree otherwise.
410 Information
that must be provided to registered medical practitioner
A person conducting a business or undertaking who
commissions health monitoring for a worker must provide the following
information to the registered medical practitioner carrying out or supervising
the health monitoring:
(a) the name and address of the person conducting
the business or undertaking;
(b) the name and date of birth of the worker;
(c) the lead risk work that the worker is, or
will be, carrying out that has triggered the requirement for health monitoring;
(d) if the worker has started that work, how long
the worker has been carrying out 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.
411 Duty
to obtain health monitoring report
(1) A person conducting a business or undertaking who
commissioned health monitoring referred to in this Division must take all
reasonable steps to obtain a health monitoring report from the registered
medical practitioner who carried out or supervised the monitoring as soon as
practicable after the monitoring is carried out in relation to a 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.
(2) The health monitoring report must include the
following:
(a) the name and date of birth of the worker;
(b) the name and registration number of the
registered medical practitioner;
(c) the name and address of the person
conducting the business or undertaking who commissioned the health monitoring;
(d) the date of health monitoring;
(e) if a blood sample is taken — the date
the blood sample is taken;
(f) the results of biological monitoring that
indicate blood lead levels in the worker’s body;
(g) the name of the pathology service used to
carry out tests;
(h) any test results that indicate that the
worker has reached or exceeded the relevant blood lead level for that worker
under regulation 415;
(i) any advice that test results indicate that
the worker may have contracted a disease, injury or illness as a result of
carrying out the lead risk work that triggered the requirement for health
monitoring;
(j) any recommendation that the person
conducting the business or undertaking take remedial measures, including
whether the worker can continue to carry out the type of work that triggered
the requirement for health monitoring;
Note The duty
under regulation 415 to remove a worker from carrying out lead risk work
applies even if there is no recommendation of a registered medical practitioner
to do so.
(k) whether medical counselling is required for the
worker in relation to the work that triggered the requirement for health monitoring.
412 Duty
to give health monitoring report to worker
A person conducting a business or undertaking who
commissioned health monitoring for a worker must give a copy of the health
monitoring report to the worker as soon as practicable after the person obtains
the report.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
413 Duty
to give health monitoring report to regulator
A person conducting a business or undertaking for which
a worker is carrying out work for which health monitoring is required must give
a copy of the health monitoring report relating to the worker to the regulator
as soon as practicable after obtaining the report if the report contains:
(a) test results that indicate that the worker
has reached or exceeded the relevant blood lead level for that person under
regulation 415;
(b) any advice that test results indicate that
the worker may have contracted a disease, injury or illness as a result of
carrying out the work that triggered the requirement for health monitoring;
(c) any recommendation that the person conducting
the business or undertaking take remedial measures, including whether the worker
can continue to carry out the work that triggered the requirement for health monitoring.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
414 Duty
to give health monitoring report to relevant persons conducting businesses or undertakings
A person conducting a business or undertaking who
commissioned health monitoring for a worker under this Division must give a
copy of the health monitoring report to all other persons conducting businesses
or undertakings who have a duty to provide health monitoring for the worker as
soon as practicable after obtaining the report.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
415 Removal
of worker from lead risk work
(1) A person conducting a business or undertaking for which
a worker is carrying out work must immediately remove the worker from carrying
out lead risk work if following health monitoring:
(a) biological monitoring of the worker shows
that the worker’s blood lead level is, or is more than:
(i) for females not of reproductive
capacity and males — 50μg/dL (2.42μmol/L); or
(ii) for females of reproductive
capacity — 20μg/dL (0.97μmol/L); or
(iii) for females who are pregnant or
breastfeeding — 15μg/dL (0.72μmol/L); or
(b) the registered medical practitioner who
supervised the health monitoring recommends that the worker be removed from
carrying out the lead risk work; or
(c) there is an indication that a risk control
measure has failed and, as a result, the worker’s blood lead level is likely to
reach the relevant level for the worker referred to in paragraph (a).
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 notify the regulator as soon as
practicable if a worker is removed from carrying out lead risk work under
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.
416 Duty
to ensure medical examination if worker removed from lead risk work
(1) This regulation applies if a worker is removed from
carrying out lead risk work under regulation 415.
(2) The person conducting the business or undertaking
who removes the worker from carrying out lead risk work must arrange for the
worker to be medically examined by a registered medical practitioner with
experience in health is removed.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 consult the worker in the selection
of the registered medical practitioner.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
417 Return
to lead risk work after removal
(1) This regulation applies if:
(a) a worker is removed from carrying out lead risk
work under regulation 415; and
(b) the person conducting a business or undertaking
at the workplace who removed the worker expects the worker to return to carrying
out lead risk work at the workplace.
(2) The person conducting the business or undertaking
must arrange for health monitoring under the supervision of a registered
medical practitioner with experience in health monitoring at a frequency
decided by the practitioner to determine whether the worker’s blood lead level
is low enough for the worker to return to carrying out lead risk 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.
(3) The person conducting the business or undertaking
must ensure that the worker does not return to carrying out lead risk work
until:
(a) the worker’s blood lead level is less than:
(i) for females not of reproductive
capacity and males — 40μg/dL (1.93μmol/L); or
(ii) for females of reproductive
capacity — 10μg/dL (0.48μmol/L); and
(b) a registered medical practitioner with experience
in health monitoring is satisfied that the worker is fit to return to carrying
out lead risk 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.
418 Health
monitoring records
(1) A person conducting a business or undertaking must
ensure that health monitoring reports in relation to a worker carrying out work
for the business or undertaking are kept as a confidential record:
(a) identified as a record in relation to the worker;
and
(b) for at least 30 years after the record is
made.
(2) The person must ensure that the health monitoring report
and results of a worker are not disclosed to another person without the worker’s
written consent.
(3) Subregulation (2) does not apply if the record is
disclosed under regulation 412, 413 or 414 or to a person who must keep the
record confidential under a duty of professional confidentiality.
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.
Chapter 8 Asbestos
Part 8.1 Prohibitions and authorised conduct
419 Work involving asbestos
or ACM — prohibitions and exceptions
(1) A person conducting a business or undertaking must
not carry out, or direct or allow a worker to carry out, work involving
asbestos.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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, work involves
asbestos if the work involves manufacturing, supplying, transporting, storing,
removing, using, installing, handling, treating, disposing of or disturbing
asbestos or ACM.
(3) Subregulation (1) does not apply if the work
involving asbestos is any of the following:
(a) genuine research and analysis;
(b) sampling and identification in accordance
with these Regulations;
(c) maintenance of, or service work on, non‑friable
asbestos or ACM, fixed or installed before 31 December 2003, in accordance with
these Regulations;
(d) removal or disposal of asbestos or ACM,
including demolition, in accordance with these Regulations;
(e) the transport and disposal of asbestos or
asbestos waste where an equivalent provision to this subregulation in a
corresponding WHS law states that subregulation 419 (1) of that law does
not apply;
(f) demonstrations, education or practical
training in relation to asbestos or ACM;
(g) display, or preparation or maintenance for display,
of an artefact or thing that is, or includes, asbestos or ACM;
(h) management in accordance with these Regulations
of in situ asbestos that was installed or fixed before 31 December 2003;
(i) work that disturbs asbestos during mining operations
that involve the extraction of, or exploration for, a mineral other than asbestos;
(j) laundering asbestos contaminated clothing in
accordance with these Regulations.
(4) Subregulation (1) does not apply if the regulator approves
the method adopted for managing risk associated with asbestos.
(5) Subregulation (1) does not apply to the following:
(a) soil that a competent person has
determined:
(i) does not contain any visible ACM
or friable asbestos; or
(ii) if friable asbestos is visible —
does not contain more than trace levels of asbestos determined in accordance
with AS 4964:2004 (Method for the qualitative identification of asbestos in bulk
samples);
(b) naturally occurring asbestos managed in
accordance with an asbestos management plan prepared under regulation 432.
Part 8.2 General
duty
420 Exposure to airborne
asbestos at workplace
(1) A person conducting a business or undertaking at a
workplace must ensure that:
(a) exposure of a person at the workplace to airborne
asbestos is eliminated so far as is reasonably practicable; and
(b) if it not reasonably practicable to eliminate
exposure to airborne asbestos — exposure is minimised so far as is
reasonably practicable.
Note WHS Act — section 19 (see
regulation 9).
(2) A person conducting a business or undertaking at a
workplace must ensure that the exposure standard for asbestos is not exceeded
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.
(3) Paragraphs (1) (a) and (2) do not apply in relation
to an asbestos removal area:
(a) that is enclosed to prevent the release of respirable
asbestos fibres in accordance with regulation 477; and
(b) in which negative pressure is used in accordance
with that regulation.
Part 8.3 Management
of asbestos and associated risks
421 Application of Part 8.3
This Part does not apply to naturally occurring asbestos.
422 Asbestos
to be identified or assumed at workplace
(1) A person with management or control of a workplace
must ensure, so far as is reasonably practicable, that all asbestos or ACM at
the workplace is identified by a competent person.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) A person with management or control of a workplace
must:
(a) if material at the workplace cannot be identified
but a competent person reasonably believes that the material is asbestos or ACM —
assume that the material is asbestos; and
(b) if part of the workplace is inaccessible to workers
and likely to contain asbestos or ACM — assume that asbestos is present in
the part of the workplace.
(3) Subregulation (1) does not apply if the person:
(a) assumes that asbestos or ACM is present; or
(b) has reasonable grounds to believe that asbestos
or ACM is not present.
(4) If asbestos or ACM is assumed to be present at a workplace,
it is taken to be identified at the workplace.
423 Analysis
of sample
(1) A person with management or control of a workplace may
identify asbestos or ACM by arranging for a sample of material at the workplace
to be analysed for the presence of asbestos or ACM.
(2) If a person with management or control of a
workplace arranges for an analysis, the person must ensure that the sample is
analysed only by:
(a) a NATA‑accredited laboratory accredited for
the relevant test method; or
(b) a laboratory approved by the regulator in
accordance with guidelines published by Safe Work Australia; or
(c) a laboratory operated by the regulator.
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.
424 Presence
and location of asbestos to be indicated
A person with management or control of a workplace
must ensure that:
(a) the presence and location of asbestos or ACM
identified at the workplace under regulation 422 is clearly indicated; and
(b) if it is reasonably practicable to do so,
indicate the presence and location of the asbestos or ACM by a label.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
425 Asbestos
register
(1) A person with management or control of a workplace
must ensure that a register (an asbestos register) is prepared
and kept 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.
(2) The person must ensure that the asbestos register is
maintained to ensure the information in the register is up to date.
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 asbestos register must:
(a) record any asbestos or ACM identified at
the workplace under regulation 422, or likely to be present at the workplace
from time to time including:
(i) the date on which the asbestos or
ACM was identified; and
(ii) the location, type and condition
of the asbestos or ACM; or
(b) state that no asbestos or ACM is identified
at the workplace if the person knows that no asbestos or ACM is identified, or
is likely to be present from time to time, at the workplace.
(4) The person is not required to prepare an asbestos register
for a workplace if a register has already been prepared for that workplace.
(5) Subject to subregulation (6), this regulation applies
to buildings whenever constructed.
(6) This regulation does not apply to a workplace if:
(a) the workplace is a building that was constructed
after 31 December 2003; and
(b) no asbestos has been identified at the workplace;
and
(c) no asbestos is likely to be present at the workplace
from time to time.
426 Review
of asbestos register
A person with management or control of a workplace
where an asbestos register is kept must ensure that the register is reviewed
and as necessary revised if:
(a) the asbestos management plan is reviewed under
regulation 430; or
(b) further asbestos or ACM is identified at the workplace;
or
(c) asbestos is removed from, or disturbed, sealed
or enclosed 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.
427 Access
to asbestos register
(1) A person with management or control of a workplace
where an asbestos register is kept must ensure that the asbestos register is
readily accessible to:
(a) a worker who has carried out, carries out or
intends to carry out, work at the workplace; and
(b) a health and safety representative who represents
a worker referred to in paragraph (a); and
(c) a person conducting a business or
undertaking who has carried out, carries out or intends to carry out, work at
the workplace; and
(d) a person conducting a business or undertaking
who has required, requires, or intends to require work to be carried out 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.
(2) If a person conducting a business or undertaking
carries out, or intends to carry out, work at a workplace that involves a risk
of exposure to airborne asbestos, the person with management or control of the
workplace must ensure that the person is given a copy of the asbestos register.
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.
428 Transfer
of asbestos register by person relinquishing management or control
If a person with management or control of a
workplace plans to relinquish management or control of the workplace, the
person must ensure, so far as is reasonably practicable, that the asbestos
register is given to the person, if any, assuming management or control of 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.
429 Asbestos
management plan
(1) This regulation applies if asbestos or ACM is:
(a) identified at a workplace under regulation
422; or
(b) likely to be present at a workplace from time
to time.
(2) A person with management or control of the workplace
must ensure that a written plan (an asbestos management plan) for
the workplace is prepared.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) A person with management or control of the workplace
must ensure that the asbestos management plan is maintained to ensure the information
in the plan is up to date.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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) An asbestos management plan must include information
about the following:
(a) the identification of asbestos or ACM;
Example
A reference or link to the
asbestos register for the workplace and signage and labelling.
(b) decisions, and reasons for decisions, about the
management of asbestos at the workplace;
Example
Safe work procedures and
control measures.
(c) procedures for detailing incidents or
emergencies involving asbestos or ACM at the workplace;
(d) workers carrying out work involving asbestos.
Example
Consultation, responsibilities,
information and training.
(5) A person with management or control of a workplace
must ensure that a copy of the asbestos management plan for the workplace is
readily accessible to:
(a) a worker who has carried out, carries out or
intends to carry out, work at the workplace; and
(b) a health and safety representative who
represents a worker referred to in paragraph (a); and
(c) a person conducting a business or
undertaking who has carried out, carries out or intends to carry out, work at
the workplace; and
(d) a person conducting a business or undertaking
who has required, requires, or intends to require work to be carried out 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.
430 Review
of asbestos management plan
(1) A person with management or control of a workplace
that has an asbestos management plan must ensure that the plan is reviewed and
as necessary revised in the following circumstances:
(a) there is a review of the asbestos register
or a control measure;
(b) asbestos is removed from, or disturbed,
sealed or enclosed at, the workplace;
(c) the plan is no longer adequate for managing
asbestos or ACM at the workplace;
(d) a health and safety representative requests a
review under subregulation (2);
(e) at least once every 5 years.
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 health and safety representative for workers at a
workplace may request a review of an asbestos management plan if the
representative reasonably believes that:
(a) a circumstance referred to in paragraph (1) (a),
(b) or (c) 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 person with management and control of the
workplace has not adequately reviewed the asbestos management plan in response
to the circumstance.
Part 8.4 Management
of naturally occurring asbestos
431 Naturally occurring
asbestos
The person with management or control of a
workplace must manage, in accordance with Part 3.1, risks to health and safety
associated with naturally occurring asbestos at the workplace.
Note WHS Act — section 20 (see
regulation 9).
432 Asbestos
management plan
(1) This regulation applies if naturally occurring asbestos
is:
(a) identified at a workplace; or
(b) likely to be present at a workplace.
(2) A person with management or control of the workplace
must ensure that a written plan (an asbestos management plan) for
the workplace is prepared in relation to the naturally occurring asbestos.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) A person with management or control of the workplace
must ensure that the asbestos management plan is maintained to ensure the information
in the plan is up to date.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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) An asbestos management plan must include information
about the following:
(a) the identification of naturally occurring asbestos;
(b) decisions, and reasons for decisions, about the
management of naturally occurring asbestos at the workplace;
Example
Safe work procedures and
control measures.
(c) procedures for detailing incidents or emergencies
involving naturally occurring asbestos at the workplace;
(d) workers carrying out work involving naturally
occurring asbestos.
Example
Consultation, responsibilities, information and training.
(5) A person with management or control of a workplace
must ensure that a copy of the asbestos management plan for naturally occurring
asbestos at the workplace is readily accessible to:
(a) a worker who has carried out, carries out or
intends to carry out, work at the workplace; and
(b) a health and safety representative who represents
a worker referred to in paragraph (a); and
(c) a person conducting a business or undertaking
who has carried out, carries out or intends to carry out, work at the workplace;
and
(d) a person conducting a business or undertaking
who has required, requires, or intends to require work to be carried out 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.
433 Review
of asbestos management plan
A person with management or control of a workplace
that has an asbestos management plan for naturally occurring asbestos must
ensure that the plan is reviewed and as necessary revised if the plan is no
longer adequate for managing naturally occurring asbestos at the workplace.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Example
A control measure is revised under regulation 38.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
434 Training
in relation to naturally occurring asbestos
A person conducting a business or undertaking must
ensure that the training required under regulation 445 includes training in the
hazards and risks associated with naturally occurring asbestos for workers who
carry out work where naturally occurring asbestos is likely to be found.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 8.5 Asbestos
at the workplace
Division 1 Health monitoring
435 Duty
to provide health monitoring
(1) A person conducting a business or undertaking must
ensure that health monitoring is provided, in accordance with regulation 436,
to a worker carrying out work for the business or undertaking if the worker is:
(a) carrying out licensed asbestos removal work
at a workplace and is at risk of exposure to asbestos when carrying out the
work; or
(b) is carrying out other ongoing asbestos
removal work or asbestos‑related work and is at risk of exposure to asbestos
when 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) For paragraph (1) (a), the person must ensure
that the health monitoring of the worker commences before the worker carries
out licensed asbestos removal work.
(3) The person must ensure that the worker is informed
of any health monitoring requirements before the worker carries out any work
that may expose the worker to asbestos.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
436 Duty
to ensure that appropriate health monitoring is provided
A person conducting a business or undertaking must
ensure that the health monitoring of a worker referred to in regulation 435
includes:
(a) consideration of:
(i) the worker’s demographic, medical
and occupational history; and
(ii) records of the worker’s personal exposure;
and
(b) a physical examination of the worker, unless
another type of health monitoring is recommended by a registered medical practitioner.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
437 Duty
to ensure health monitoring is supervised by registered medical practitioner
with relevant experience
(1) A person conducting a business or undertaking must
ensure that the health monitoring of a worker referred to in regulation 435 is
carried out by or under the supervision of a registered medical practitioner with
experience in health monitoring.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 consult the worker in relation to
the selection of the registered medical practitioner.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
438 Duty
to pay costs of health monitoring
(1) A person conducting a business or undertaking must
pay all expenses relating to health monitoring referred to in regulation 435.
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 2 or more persons conducting businesses or
undertakings have a duty to provide health monitoring for a worker and have
arranged for one of them to commission the health monitoring, the costs of the
health monitoring for which any of those persons is liable must be apportioned
equally between each of those persons unless they agree otherwise.
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.
439 Information
that must be provided to registered medical practitioner
A person conducting a business or undertaking who
commissions health monitoring for a worker must provide the following
information to the registered medical practitioner carrying out or supervising
the health monitoring:
(a) the name and address of the person
conducting the business or undertaking;
(b) the name and date of birth of the worker;
(c) the work that the worker is, or will be,
carrying out that has triggered the requirement for health monitoring;
(d) if the worker has started that work, how long
the worker has been carrying out 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.
440 Duty
to obtain health monitoring report
(1) A person conducting a business or undertaking who
commissioned health monitoring referred to in regulation 435 must take all
reasonable steps to obtain a health monitoring report from the registered
medical practitioner who carried out or supervised the monitoring as soon as
practicable after the monitoring is carried out in relation to a 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.
(2) The health monitoring report must include the
following:
(a) the name and date of birth of the worker;
(b) the name and registration number of the
registered medical practitioner;
(c) the name and address of the person
conducting the business or undertaking who commissioned the health monitoring;
(d) the date of health monitoring;
(e) any advice that test results indicate that
the worker may have contracted a disease, injury or illness as a result of
carrying out the work that triggered the requirement for health monitoring;
(f) any recommendation that the person
conducting the business or undertaking take remedial measures, including
whether the worker can continue to carry out the type of work that triggered
the requirement for health monitoring;
(g) whether medical counselling is required for
the worker in relation to the work that triggered the requirement for health
monitoring.
441 Duty
to provide give monitoring report to worker
A person conducting a business or undertaking who
commissioned health monitoring for a worker must give a copy of the health
monitoring report to the worker as soon as practicable after the person obtains
the report.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
442 Duty
to give health monitoring report to regulator
A person conducting a business or undertaking for
which a worker is carrying out work for which health monitoring is required
must give a copy of the health monitoring report relating to a worker to the
regulator as soon as practicable after obtaining the report if the report
contains:
(a) any advice that test results indicate that
the worker may have contracted a disease, injury or illness as a result of
carrying out the work that triggered the requirement for health monitoring; or
(b) any recommendation that the person conducting
the business or undertaking take remedial measures, including whether the worker
can continue to carry out the work referred to in regulation 435.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
443 Duty
to give health monitoring report to relevant persons conducting businesses or
undertakings
A person conducting a business or undertaking who
commissioned health monitoring for a worker must give a copy of the health
monitoring report to all other persons conducting businesses or undertakings
who have a duty to provide health monitoring for the worker as soon as
practicable after obtaining the report.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
444 Health
monitoring records
(1) A person conducting a business or undertaking must
ensure that health monitoring reports in relation to a worker carrying out work
for the business or undertaking are kept as a confidential record:
(a) identified as a record in relation to the worker;
and
(b) for at least 40 years after the record is
made.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
(2) The person must ensure that the health monitoring report
and results of a worker are not disclosed to another person without the worker’s
written consent.
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) Subregulation (2) does not apply if the record is disclosed
under regulation 442 or 443 or to a person who must keep the record
confidential under a duty of professional confidentiality.
Division 2 Training
445 Duty
to train workers about asbestos
(1) In addition to the training required by Division 1 of
Part 3.2, a person conducting a business or undertaking must ensure that
workers engaged by the person, whom the person reasonably believes may be
involved in asbestos removal work or in the carrying out of asbestos‑related
work, are trained in the identification and safe handling of, and suitable
control measures for, asbestos and ACM.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) This regulation does not apply in relation to a
worker referred to in regulation 460.
(3) The person must ensure that a record is kept of the
training undertaken by the worker:
(a) while the worker is carrying out the work;
and
(b) for 5 years after the day the worker ceases
working for the person.
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 keep the record available for
inspection under the Act.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
Division 3 Control on use of certain equipment
446 Duty
to limit use of equipment
(1) A person conducting a business or undertaking must
not use, or direct or allow a worker to use, either of the following on
asbestos or ACM:
(a) high‑pressure water spray;
(b) compressed air.
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) Paragraph (1) (a) does not apply to the use of
a high pressure water spray for fire fighting or fire protection purposes.
(3) A person conducting a business or undertaking must
not use, or direct or allow a worker to use, any of the following equipment on
asbestos or ACM unless the use of the equipment is controlled:
(a) power tools;
(b) brooms;
(c) any other implements that cause the release
of airborne asbestos into the atmosphere.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) In subregulation (3), the use of equipment is controlled
if:
(a) the equipment is enclosed during its use; or
(b) the equipment is designed to capture or
suppress airborne asbestos and is used in accordance with its design; or
(c) the equipment is used in a way that is
designed to capture or suppress airborne asbestos safely; or
(d) any combination of paragraphs (a), (b) and
(c) applies.
Part 8.6 Demolition
and refurbishment
447 Application of Part 8.6
(1) This Part applies to the demolition or refurbishment
of a structure or plant constructed or installed before 31 December 2003.
(2) In this regulation, demolition or
refurbishment does not include minor or routine maintenance work, or
other minor work.
448 Review
of asbestos register
The person with management or control of a workplace
must ensure that, before demolition or refurbishment is carried out at the
workplace, the asbestos register for the workplace is:
(a) reviewed; and
(b) if the register is inadequate having regard
to the proposed demolition or refurbishment — revised.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Example
The register identifies an inaccessible area that is
likely to contain asbestos and the area is likely to be accessible because of
demolition.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
449 Duty
to give asbestos register to person conducting business or undertaking of
demolition or refurbishment
The person with management or control of a workplace
must ensure that the person conducting a business or undertaking who carries
out the demolition or refurbishment is given a copy of the asbestos register before
the demolition or refurbishment is commenced.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
450 Duty
to obtain asbestos register
A person conducting a business or undertaking who
carries out demolition or refurbishment at a workplace must obtain a copy of
the asbestos register from the person with management or control of the
workplace, before the person commences the demolition or refurbishment.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
451 Determining
presence of asbestos or ACM
(1) This regulation applies if:
(a) demolition or refurbishment is to be carried
out at a workplace; and
(b) there is no asbestos register for the
structure or plant to be demolished or refurbished at the workplace.
(2) The person conducting a business or undertaking who
is to carry out the demolition or refurbishment must not carry out the
demolition or refurbishment until the structure or plant has been inspected to
determine whether asbestos or ACM is fixed to or installed in the structure or
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 person conducting a business or undertaking who
is to carry out the demolition or refurbishment must ensure that the
determination is undertaken by a competent person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) The person conducting a business or undertaking who
is to carry out the demolition or refurbishment must assume that asbestos or
ACM is fixed to or installed in the structure or plant if:
(a) the competent person is, on reasonable grounds,
uncertain whether or not asbestos is fixed to or installed in the structure or
plant; or
(b) part of the structure or plant is
inaccessible and likely to be disturbed.
(5) If asbestos or ACM is determined or assumed to be
fixed to or installed in the structure or plant, the person conducting a
business or undertaking who is to carry out the demolition or refurbishment must
inform:
(a) if the workplace is residential premises:
(i) the occupier of the premises; and
(ii) the owner of the premises; and
(b) in any other case — the person with management
or control of 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.
452 Identification
and removal of asbestos before demolition
(1) This regulation applies if a structure or plant at a
workplace is to be demolished.
(2) This regulation does not apply:
(a) in an emergency to which regulation 454 applies;
or
(b) to domestic premises.
(3) The person with management or control of the workplace,
or of the structure or plant, must ensure:
(a) that all asbestos that is likely to be
disturbed by the demolition is identified; and
(b) so far as is reasonably practicable, that the
asbestos is removed before the demolition is commenced.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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) Paragraph (3) (b) does not apply if the purpose
of the demolition is to gain access to the asbestos.
453 Identification
and removal of asbestos before demolition of domestic premises
(1) A person conducting a business or undertaking that
is to carry out the demolition of domestic premises must ensure:
(a) that all asbestos that is likely to be
disturbed by the demolition is identified; and
(b) so far as is reasonably practicable, that the
asbestos is removed before the demolition is commenced.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) This regulation does not apply in an emergency to
which regulation 455 applies.
(3) Paragraph (1) (b) does not apply if the purpose
of the demolition is to gain access to the asbestos.
454 Emergency
procedure
(1) This regulation applies if:
(a) an emergency occurs at a workplace other
than domestic premises; and
(b) a structure or plant at the workplace must be
demolished; and
(c) asbestos is fixed to or installed in the
structure or plant before the emergency occurs.
(2) The person with management or control of the
workplace must ensure, so far as is reasonably practicable, that:
(a) before the demolition is commenced, a procedure
is developed that will, so far as is reasonably practicable, reduce the risk of
exposure of workers and persons in the vicinity of the demolition site to
asbestos to below the exposure standard; and
(b) the asbestos register for the workplace is considered
in the development of the procedure.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure that the regulator is given written
notice about the emergency:
(a) immediately after the person becomes aware of
the emergency; and
(b) before the demolition is commenced.
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) For the purposes of this regulation, an emergency occurs
if:
(a) a structure or plant is structurally
unsound; or
(b) collapse of the structure or plant is
imminent.
455 Emergency
procedure — domestic premises
(1) This regulation applies if:
(a) an emergency occurs at domestic premises; and
(b) a structure or plant at the premises must be demolished;
and
(c) asbestos is fixed to or installed in the structure
or plant before the emergency occurs.
(2) A person conducting a business or undertaking who is
to carry out the demolition of the domestic premises must ensure so far as is
reasonably practicable, that, before the demolition is commenced, a procedure
is developed that will, so far as is reasonably practicable, reduce the risk of
exposure of workers and persons in the vicinity of the demolition site to
asbestos to below the exposure standard.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) The person must ensure that the regulator is given
written notice about the emergency:
(a) immediately after the person becomes aware
of the emergency; and
(b) before the demolition is commenced.
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) For the purposes of this regulation, an emergency
occurs if:
(a) a structure or plant is structurally
unsound; or
(b) collapse of the structure or plant is
imminent.
456 Identification
and removal of asbestos before refurbishment
(1) This regulation applies if a structure or plant at a
workplace is to be refurbished.
(2) This regulation does not apply to domestic premises.
(3) The person with management or control of the
workplace, or of the structure or plant, must ensure:
(a) that all asbestos that is likely to be
disturbed by the refurbishment is identified; and
(b) so far as is reasonably practicable, that the
asbestos is removed before the refurbishment is commenced.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
457 Refurbishment
of domestic premises
A person conducting a business or undertaking who
is to carry out refurbishment of domestic premises must ensure:
(a) that all asbestos that is likely to be
disturbed by the refurbishment is identified; and
(b) so far as is reasonably practicable, that the
asbestos is removed before the refurbishment is commenced.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 8.7 Asbestos
removal work
Note In this Part
some duties are placed on licensed asbestos removalists and some on asbestos
removalists generally.
458 Duty
to ensure asbestos removalist is licensed
(1) A person conducting a business or undertaking that
commissions the removal of asbestos must ensure that the asbestos removal work
is carried out by a licensed asbestos removalist who is licensed to carry 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) Subregulation (1) does not apply if the asbestos to
be removed is:
(a) 10 square metres or less of non‑friable asbestos
or ACD associated with the removal of that amount of non‑friable asbestos; or
(b) ACD that is not associated with the removal of
friable or non‑friable asbestos and is only a minor contamination.
(3) If subregulation (2) applies, the person conducting the
business or undertaking that commissions the asbestos removal work must ensure
that the work is carried out by a competent person who has been trained in
accordance with regulation 445.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
459 Asbestos
removal supervisor must be present or readily available
A licensed asbestos removalist must ensure that
the nominated asbestos removal supervisor for asbestos removal work is:
(a) if the asbestos removal work requires a
Class A licence — present at the asbestos removal area whenever the
asbestos removal work is being carried out; and
(b) if the asbestos removal work requires a Class
B licence — readily available to a worker carrying out asbestos removal work
whenever 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.
460 Asbestos
removal worker must be trained
(1) A licensed asbestos removalist must not direct or
allow a worker to carry out licensed asbestos removal work unless the
removalist is satisfied that the worker holds a certification in relation to
the specified VET course for asbestos removal relevant to the class of licensed
asbestos removal work to be carried out by 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.
(2) A licensed asbestos removalist must provide appropriate
training to a worker carrying out licensed asbestos removal work at a workplace
to ensure that the work is carried out in accordance with the asbestos removal
control plan 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.
(3) In this regulation:
appropriate
training means training designed specifically for the workplace
where the licensed asbestos removal work is carried out and the work to be
carried out at the workplace.
Note Unless this regulation applies, the
obligation to provide training to workers carrying out unlicensed asbestos
removal work is set out in regulation 445.
461 Licensed
asbestos removalist must keep training records
(1) A licensed asbestos removalist must keep a record of
the training undertaken by a worker carrying out licensed asbestos removal
work:
(a) while the worker is carrying out licensed asbestos
removal work; and
(b) for 5 years after the day the worker stopped carrying
out licensed asbestos removal work for the removalist.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The licensed asbestos removalist must ensure that
the training record is readily accessible at the asbestos removal area and
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.
462 Duty
to give information about health risks of licensed asbestos removal work
A licensed asbestos removalist must give the following
information to a person likely to be engaged to carry out licensed asbestos
removal work before the person is engaged to carry out the work:
(a) the health risks and health effects
associated with exposure to asbestos;
(b) the need for, and details of, health
monitoring of a worker carrying out licensed asbestos removal 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.
463 Asbestos
removalist must obtain register
(1) A licensed asbestos removalist must obtain a copy of
the asbestos register for a workplace before the removalist carries out
asbestos removal work 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.
(2) Subregulation (1) does not apply if the asbestos removal
work is to be carried out at domestic premises.
464 Asbestos
removal control plan
(1) A licensed asbestos removalist must prepare an asbestos
removal control plan for any licensed asbestos removal work the removalist is commissioned
to undertake.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) An asbestos removal control plan must include:
(a) details of how the asbestos removal will be carried
out, including the method to be used and the tools, equipment and personal protective
equipment to be used; and
(b) details of the asbestos to be removed, including
the location, type and condition of the asbestos.
(3) The licensed asbestos removalist must give a copy of
the asbestos removal control plan to the person who commissioned the licensed
asbestos removal 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.
465 Asbestos
removal control plan to be kept and available
(1) Subject to subregulation (2), a licensed asbestos removalist
must ensure that a copy of the asbestos removal control plan prepared under regulation
464 is kept until the asbestos removal work to which it relates is completed.
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 a notifiable incident occurs in connection with the
asbestos removal work to which the asbestos removal control plan relates, the licensed
asbestos removalist must keep the asbestos removal control plan for at least 2
years after the incident occurs.
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 licensed asbestos removalist must ensure that,
for the period for which the asbestos removal control plan must be kept under
this regulation, a copy is:
(a) readily accessible to:
(i) a person conducting a business or undertaking
at the workplace; and
(ii) the person’s workers at the
workplace, or a health and safety representative who represents the workers;
and
(iii) if the asbestos removal work is to
be carried out in domestic premises — the occupants of the premises; and
(b) available for inspection under the Act.
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.
466 Regulator
must be notified of asbestos removal
(1) A licensed asbestos removalist must give written notice
to the regulator at least 5 days before the removalist commences licensed
asbestos removal 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) Despite subregulation (1), licensed asbestos removal
work may be commenced immediately if there is:
(a) a sudden and unexpected event, including a failure
of equipment, that may cause persons to be exposed to respirable asbestos
fibres; or
(b) an unexpected breakdown of an essential service
that requires immediate rectification to enable the service to continue.
(3) If the asbestos must be removed immediately, the licensed
asbestos removalist must give notice to the regulator:
(a) immediately by telephone; and
(b) in writing within 24 hours after notice is given
under paragraph (a).
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(4) A notice under subregulation (1) or (3) must include
the following:
(a) the following in relation to the licensed asbestos
removalist:
(i) name;
(ii) registered business name;
(iii) Australian Business Number;
(iv) licence number;
(v) business contact details;
(b) the name and business contact details of the supervisor
of the licensed asbestos removal work;
(c) the name of the competent person or licensed
asbestos assessor engaged to carry out a clearance inspection and issue a
clearance certificate for the work;
(d) the name and contact details of the person for
whom the work is to be carried out;
(e) the following in relation to the workplace where
the asbestos is to be removed:
(i) the name, including the registered
business or company name, of the person with management or control of the
workplace;
(ii) the address and, if the workplace
is large, the specific location of the asbestos removal;
(iii) the kind of workplace;
(f) the date of the notice;
(g) the date when the asbestos removal work is to
commence and the estimated duration of the work;
(h) whether the asbestos to be removed is friable
or non‑friable;
(i) if the asbestos to be removed is friable —
the way the area of removal will be enclosed;
(j) the estimated quantity of asbestos to be removed;
(k) the number of workers who are to carry out the
asbestos removal work;
(l) for each worker who is to carry out asbestos
removal work — details of the worker’s competency to carry out asbestos
removal work.
467 Licensed
asbestos removalist must tell certain persons about intended asbestos removal
work
(1) This regulation applies if a licensed asbestos removalist
is to carry out licensed asbestos removal work at a workplace.
(2) The licensed asbestos removalist must, before commencing
the licensed asbestos removal work, tell the person with management or control
of the workplace:
(a) that licensed asbestos removal work is to be
carried out at the workplace; and
(b) when the work is to commence.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) If the workplace is domestic premises, the licensed
asbestos removalist must, so far as is reasonably practicable, before
commencing the licensed asbestos removal work, tell the following persons that
asbestos removal work is to be carried out at the workplace, and when the work
is to commence:
(a) the person who commissioned the asbestos removal
work;
(b) a person conducting a business or undertaking
at the workplace;
(c) the occupier of the domestic premises;
(d) the owner of the domestic premises;
(e) anyone occupying premises in the immediate vicinity
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.
468 Person
with management or control of workplace must tell persons about asbestos
removal work
(1) This regulation applies if the person with management
or control of a workplace is told that asbestos removal work is to be carried
out at the workplace.
(2) The person must ensure that the following persons are
told that asbestos removal work is to be carried out at the workplace and when
the work is to commence, before the work commences:
(a) the person’s workers and any other persons
at the workplace;
(b) the person who commissioned the asbestos removal
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.
(3) The person must take all reasonable steps to ensure
that the following persons are told that asbestos removal work is to be carried
out at the workplace and when the work is to commence, before the work
commences:
(a) anyone conducting a business or undertaking at,
or in the immediate vicinity of, the workplace;
(b) anyone occupying premises in the immediate vicinity
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.
469 Signage
and barricades for asbestos removal work
An asbestos removalist must ensure that:
(a) signs alerting persons to the presence of asbestos
are placed to indicate where the asbestos removal work is being carried out; and
(b) barricades are erected to delineate the asbestos
removal area.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
470 Limiting
access to asbestos removal area
(1) This regulation applies to:
(a) a person conducting a business or undertaking
at a workplace who commissions a person to carry out licensed asbestos removal
work at the workplace; and
(b) a person with management or control of a workplace
who is aware that licensed asbestos removal work is being carried out at the
workplace.
(2) Subject to subregulation (4), the person must ensure,
so far as is reasonably practicable, that no‑one other than the following has
access to an asbestos removal area:
(a) workers engaged in the asbestos removal work;
(b) other persons associated with the asbestos removal
work;
(c) anyone allowed under these Regulations or another
law to be in the asbestos removal area.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 may refuse to allow access to an asbestos
removal area at the workplace to anyone who does not comply with:
(a) a control measure implemented for the workplace
in relation to asbestos; or
(b) a direction of the licensed asbestos removalist.
(4) A person referred to in paragraph (2) (a), (b) or
(c) has access to an asbestos removal area subject to any direction of the
licensed asbestos removalist.
(5) If a person referred to in paragraph (2) (a),
(b) or (c) has access to an asbestos removal area, the person must comply with
any direction of the licensed asbestos removalist.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
471 Decontamination
facilities
(1) An asbestos removalist must ensure that facilities are
available to decontaminate the following:
(a) the asbestos removal area;
(b) any plant used in the asbestos removal area;
(c) workers carrying out asbestos removal work;
(d) other persons who have access to the asbestos
removal area under paragraph 470 (2) (b).
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) An asbestos removalist must ensure that nothing that
is likely to be contaminated with asbestos is removed from the asbestos removal
area unless the thing:
(a) is decontaminated before being removed; or
(b) is sealed in a container, and the exterior
of the container is, before being removed:
(i) decontaminated; and
(ii) labelled in accordance with the
GHS to indicate the presence of asbestos.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
472 Disposing
of asbestos waste and contaminated personal protective equipment
(1) Subject to subregulations (2) and (3), an asbestos removalist
must ensure that asbestos waste:
(a) is contained and labelled in accordance with
the GHS before the waste is removed from an asbestos removal area; and
(b) is disposed of as soon as practicable at a
site authorised to accept asbestos waste.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) An asbestos removalist must ensure that personal protective
equipment used in asbestos removal work and contaminated with asbestos:
(a) is sealed in a container before being
removed from an asbestos waste area; and
(b) so far as is reasonably practicable, is disposed
of on the completion of the asbestos removal work at a site authorised to
accept asbestos waste; and
(c) if it is not reasonably practicable to
dispose of the personal protective equipment that is clothing:
(i) is laundered at a laundry equipped
to launder asbestos‑contaminated clothing; or
(ii) if it is not practicable to
launder the clothing — is kept in the sealed container until it is re‑used
for asbestos removal purposes; and
(d) if it is not reasonably practicable to
dispose of the personal protective equipment that is not clothing:
(i) is decontaminated before it is
removed from the asbestos removal area; or
(ii) if it is not practicable to
decontaminate the equipment in the asbestos removal area — is kept in the
sealed container until it is re‑used for asbestos removal purposes.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Example
Work boots.
Note Section 12F of the Act provides that
strict liability applies 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) An asbestos removalist must ensure that a sealed container
referred to in subregulation (2) is decontaminated and labelled in accordance
with the GHS to indicate the presence of asbestos before being removed from the
asbestos removal area.
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 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.
473 Clearance
inspection
(1) This regulation applies if a person commissions licensed
asbestos removal work at a workplace.
(2) The person or, if the workplace is domestic premises,
the licensed asbestos removalist must ensure that, when the licensed asbestos
removal work is completed, a clearance inspection of the asbestos removal area
at the workplace is carried out by:
(a) if the asbestos removal work must be carried
out by the holder of a Class A asbestos removal licence — an independent
licensed asbestos assessor; or
(b) in any other case — an independent competent
person.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(3) In this regulation, a clearance inspection
is an inspection of an asbestos removal area after asbestos removal work has
been completed to verify that the area is safe for normal use, that:
(a) includes a visual inspection; and
(b) may include air monitoring.
Note If it is not reasonably practicable
for the licensed asbestos assessor or competent person to be independent, the
person or licensed asbestos removalist may apply to the regulator for an
exemption under Part 11.2 from the requirement that the assessor or competent
person be independent.
474 Clearance
certificates
(1) This regulation applies if a clearance inspection has
been made in accordance with regulation 473.
(2) The licensed asbestos assessor or competent person
who carried out the clearance inspection must issue a clearance certificate, in
accordance with this regulation, before the asbestos removal area at the
workplace is re‑occupied.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 licensed asbestos assessor or competent person
must ensure that the asbestos removal area does not pose a risk to health and
safety from exposure to asbestos.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 licensed asbestos assessor or competent person
must not issue a clearance certificate unless satisfied that:
(a) the asbestos removal area, and the area immediately
surrounding it, are free from visible asbestos contamination; and
(b) if the assessor or competent person undertook
air monitoring as part of the clearance inspection — the monitoring shows asbestos
below 0.01 fibres/ml.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 clearance certificate must be in writing and must
state that:
(a) the assessor or competent person found no visible
asbestos residue from asbestos removal work in the area, or in the vicinity of
the area, where the work was carried out; and
(b) if air monitoring was carried out by the assessor
or competent person as part of the clearance inspection — the airborne
asbestos fibre level was less than 0.01 asbestos fibres/ml.
Part 8.8 Asbestos
removal requiring Class A licence
475 Air monitoring —
asbestos removal requiring Class A licence
(1) A person conducting a business or undertaking who
commissions asbestos removal work requiring a Class A asbestos removal licence
at a workplace must ensure that an independent licensed asbestos assessor
undertakes air monitoring of the asbestos removal area 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.
(2) If the workplace is domestic premises, the licensed
removalist carrying out asbestos removal work requiring a Class A asbestos
removal licence at the premises must ensure that an independent licensed
asbestos assessor undertakes air monitoring of the asbestos removal area at the
premises.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 air monitoring must be carried out:
(a) immediately before the licensed asbestos
removal work commences, unless glove bags are to be used for the removal; and
(b) while the licensed asbestos removal work is
carried out
(4) The person who commissions the licensed asbestos
removal work must ensure that the results of the air monitoring are given to
the following:
(a) workers at the workplace;
(b) health and safety representatives for workers
at the workplace;
(c) a person conducting a business or
undertaking at the workplace;
(d) other 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.
(5) If the workplace is domestic premises, the licensed
asbestos removalist carrying out the licensed asbestos removal work at the
premises must ensure that the results of the air monitoring are given to the
following:
(a) the person who commissioned the asbestos removal
work;
(b) workers at the workplace;
(c) health and safety representatives for
workers at the workplace;
(d) a person conducting a business or undertaking
at the workplace;
(e) the occupier of the domestic premises;
(f) the owner of the domestic premises;
(g) other 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.
(6) An independent licensed asbestos assessor, who undertakes
air monitoring for the purposes of this regulation, must use the membrane
filter method for the air monitoring.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
476 Action
if respirable asbestos fibre level too high
(1) The licensed removalist carrying out asbestos removal
work requiring a Class A asbestos removal licence at a workplace must:
(a) if respirable asbestos fibre levels are recorded
at the asbestos removal area at 0·01 fibres/ml or more, but not more than 0·02
fibres/ml — immediately:
(i) investigate the cause of the
respirable asbestos fibre level; and
(ii) implement controls to prevent
exposure of anyone to asbestos; and
(iii) prevent the further release of
respirable asbestos fibres; and
(b) if respirable asbestos fibre levels are recorded
at the asbestos removal area at more than 0·02 fibres/ml — immediately:
(i) order the asbestos removal work to
stop; and
(ii) notify the regulator; and
(iii) investigate the cause of the
respirable asbestos fibre level; and
(iv) implement controls to prevent
exposure of anyone to asbestos; and
(v) prevent the further release of
respirable asbestos fibre.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 licensed removalist stops asbestos removal work
requiring a Class A asbestos removal licence because the recorded respirable
asbestos fibre level exceeds 0·02 fibres/ml, the removalist must ensure that
the asbestos removal work does not resume until air monitoring shows that the recorded
respirable asbestos fibre level is below 0·01 fibres/ml.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
477 Removing
friable asbestos
(1) A licensed asbestos removalist removing friable asbestos
must ensure, so far as is reasonably practicable, the following:
(a) the asbestos removal area is enclosed to prevent
the release of respirable asbestos fibres;
(b) subject to subregulation (3), negative pressure
is used;
(c) the wet method of asbestos removal is used;
(d) subject to subregulation (3), the asbestos removal
work does not commence until the air monitoring is commenced by a licensed asbestos
assessor;
(e) air monitoring is undertaken during the asbestos
removal work, at times decided by the independent licensed asbestos assessor undertaking
the monitoring;
(f) any glove bag used to enclose the asbestos removal
area is dismantled and disposed of safely.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 licensed asbestos removalist must ensure that any
enclosure used in removing friable asbestos is tested for leaks.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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) Paragraphs (1) (b) and (1) (d) do not
apply if glove bags are used in the Class A asbestos removal work.
(4) The licensed removalist must not dismantle an enclosure
for a friable asbestos removal area until the removalist receives results of
air monitoring, showing that the recorded respirable asbestos fibre level
within the enclosure is below 0·01 fibres/ml, from:
(a) if the friable asbestos is removed from domestic
premises — the licensed asbestos assessor who undertook the air
monitoring; or
(b) in any other case — the person who commissioned
the Class A asbestos removal 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.
(5) The licensed removalist must ensure that an enclosure
for a friable asbestos removal area is dismantled in a way that, so far as is
reasonably practicable, eliminates the release of respirable asbestos fibre.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(6) The person who commissioned the removal of the friable
asbestos must obtain a clearance certificate from a licensed asbestos assessor
after the enclosure for the friable asbestos removal area has been dismantled.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 8.9 Asbestos‑related
work
478 Application of Part 8.9
This Part applies in relation to asbestos‑related work.
479 Uncertainty
as to presence of asbestos
(1) If there is uncertainty (based on reasonable grounds)
as to whether work to be carried out for a business or undertaking is asbestos‑related
work, the person conducting the business or undertaking must ensure that
analysis of a sample is undertaken to determine if asbestos or ACM is present.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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), the person must ensure that
the sample is analysed only by:
(a) a NATA‑accredited laboratory accredited for the
relevant test method; or
(b) a laboratory approved by the regulator in accordance
with guidelines published by Safe Work Australia; or
(c) a laboratory operated by the regulator.
(3) Subregulation (1) does not apply if the person assumes
that asbestos is present.
480 Duty
to give information about health risks of asbestos‑related work
A person conducting a business or undertaking must
give the following information to a person likely to be engaged to carry out
asbestos‑related work for the business or undertaking before the person is
engaged to carry out the work:
(a) the health risks and health effects
associated with exposure to asbestos;
(b) the need for, and details of, health monitoring
of a worker carrying out asbestos‑related 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.
481 Asbestos‑related
work to be in separate area
A person conducting a business or undertaking that
involves the carrying out of asbestos‑related work must ensure that:
(a) the asbestos‑related work area is separated from
other work areas at the workplace; and
(b) signs alerting persons to the presence of asbestos
are placed to indicate where the asbestos‑related work is being carried out; and
(c) barricades are erected to delineate the asbestos‑related
work area.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
482 Air
monitoring
(1) A person conducting a business or undertaking at a
workplace must ensure that a competent person carries out air monitoring of the
work area where asbestos‑related work is being carried out if there is
uncertainty as to whether the exposure standard is likely to be exceeded.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 competent person determines that the exposure
standard has been exceeded at any time in a work area, the person conducting
the business or undertaking must, so far as is reasonably practicable:
(a) determine the workers and other persons who
were in the work area during that time; and
(b) warn those workers about possible exposure to
respirable asbestos fibres; and
(c) so far as is reasonably practicable, warn
the other persons about possible exposure to respirable asbestos fibres.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides
that strict liability applies 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
must ensure that information about exposure to respirable asbestos fibres,
including the determination made by the competent person and the results of the
air monitoring, is readily accessible to the workers and other persons 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.
483 Decontamination
facilities
(1) A person conducting a business or undertaking for which
asbestos‑related work is carried out must ensure that facilities are available
to decontaminate the following:
(a) the asbestos‑related work area;
(b) any plant used in the asbestos‑related work area;
(c) workers carrying out the asbestos‑related 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 person must ensure that nothing that is likely to
be contaminated with asbestos is removed from the asbestos‑related work area
unless the thing:
(a) is decontaminated before being removed; or
(b) is sealed in a container, and the exterior
of the container is:
(i) decontaminated; and
(ii) labelled in accordance with the
GHS to indicate the presence of asbestos;
before being removed.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
484 Disposing
of asbestos waste and contaminated personal protective equipment
(1) Subject to subregulation (2), a person conducting a
business or undertaking for which asbestos‑related work is carried out must
ensure that asbestos waste:
(a) is contained and labelled in accordance with
the GHS before the waste is removed from an asbestos‑related work area; and
(b) is disposed of as soon as practicable at a
site authorised to accept asbestos waste.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 personal protective equipment
used in asbestos‑related work and contaminated with asbestos:
(a) is sealed in a container, and that the
exterior of the container is decontaminated and labelled in accordance with the
GHS to indicate the presence of asbestos before being removed; and
(b) so far as is reasonably practicable, is disposed
of on the completion of the asbestos‑related work at a site authorised to accept
asbestos waste; and
(c) if it is not reasonably practicable to
dispose of the personal protective equipment that is clothing:
(i) is laundered at a laundry equipped
to launder asbestos‑contaminated clothing; or
(ii) if it is not practicable to
launder the clothing, is kept in the sealed container until it is re‑used for
the purposes of asbestos‑related work; and
(d) if it is not reasonably practicable to
dispose of the personal protective equipment that is not clothing:
(i) is decontaminated before it is
removed from the asbestos removal area; or
(ii) if it is not practicable to
decontaminate the equipment in the asbestos removal area, is kept in the sealed
container until it is re‑used for the purposes of asbestos‑related work.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Example
Work boots.
Note Section 12F of the Act provides that
strict liability applies 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 sealed container referred
to in subregulation (2) is decontaminated and labelled in accordance with the
GHS to indicate the presence of asbestos before being removed from the asbestos‑related
work area.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 State
legislation relating to laundries handling asbestos‑contaminated clothing 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 8.10 Licensing
of asbestos removalists and asbestos assessors
Division 1 Asbestos removalists—requirement to be licensed
485 Requirement
to hold Class A asbestos removal licence
(1) A person must not carry out the removal of the following
at a workplace unless the person, or the person on whose behalf the work is
carried out, holds a Class A asbestos removal licence:
(a) friable asbestos;
(b) except as provided in regulation 486, ACD.
Note See subsection 43 (1) of the Act.
(2) A person who conducts a business or undertaking must
not direct or allow a worker to carry out the removal of the following unless
the person holds a Class A asbestos removal licence:
(a) friable asbestos;
(b) except as provided in regulation 486, ACD.
Note See subsection 43 (2) of the
Act.
486 Exception
to requirement to hold Class A asbestos removal licence
A Class A asbestos removal licence is not required
for the removal of ACD that:
(a) is associated with the removal of non‑friable
asbestos; or
(b) is not associated with the removal of friable
or non‑friable asbestos and is only a minor contamination.
487 Requirement
to hold Class B asbestos removal licence
(1) A person must not carry out the removal of the following
at a workplace unless the person, or the person on whose behalf the work is
carried out, holds a Class B asbestos removal licence or a Class A asbestos
removal licence:
(a) more than 10 square metres of non‑friable asbestos
or ACM;
(b) ACD associated with the removal of more than 10
square metres of non‑friable asbestos or ACM.
Note See subsection 43 (1) of the
Act.
(2) A person who conducts a business or undertaking must
not direct or allow a worker to carry out the removal of the following unless
the person holds a Class B asbestos removal licence or a Class A asbestos
removal licence:
(a) more than 10 square metres of non‑friable asbestos
or ACM;
(b) ACD associated with the removal of more than 10
square metres of non‑friable asbestos or ACM.
Note See subsection 43 (2) of the
Act.
488 Recognition
of asbestos removal licences in other jurisdictions
(1) In this Division:
asbestos removal licence means a licence
that is:
(a) granted under a corresponding WHS law; and
(b) 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.
Division 2 Asbestos assessors — requirement to be licensed
489 Requirement
to hold asbestos assessor licence
A person must not carry out the following at a workplace
unless the person holds an asbestos assessor licence:
(a) air monitoring during Class A asbestos removal
work;
(b) clearance inspections for Class A asbestos removal
work;
(c) issuing clearance certificates in relation
to Class A asbestos removal work.
Note See subsection 43 (1) of the
Act.
490 Recognition
of asbestos assessor licences in other jurisdictions
(1) In this Division:
asbestos assessor licence means a licence
that is:
(a) granted under a corresponding WHS law; and
(b) 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.
Division 7 General
529 Work
must be supervised by named supervisor
A person who holds an asbestos removal licence must
ensure that asbestos removal work authorised by the licence is supervised by a supervisor
named to the regulator by the licence holder.
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.
Chapter 9 Major hazard facilities
Part 9.1 Preliminary
Division 1 Application and interpretation
530 This
Chapter does not apply to certain facilities
Note Section 12A of the Act provides that
the Act does not apply in relation to a facility to which Schedule 3 to the Offshore
Petroleum and Greenhouse Gas Storage Act 2006 applies.
531 Meaning
of major incident
(1) In this Chapter, a major incident at a
major hazard facility is an occurrence that:
(a) results from an uncontrolled event at the major
hazard facility involving, or potentially involving, Schedule 15 chemicals; and
(b) exposes a person to a serious risk to health
or safety emanating from an immediate or imminent exposure to the occurrence.
(2) Without limiting subregulation (1), an occurrence includes
any of the following:
(a) escape, spillage or leakage;
(b) implosion, explosion or fire.
532 Meaning
of hazardous chemicals that are present or likely to be present
(1) A reference in these Regulations to hazardous chemicals,
including Schedule 15 chemicals, being present
or likely to be present at a facility is a reference to the
quantity of hazardous chemicals that would, if present, meet the maximum capacity
of the facility, including:
(a) the maximum capacity of process vessels and
interconnecting pipe systems that contain the hazardous chemicals; and
(b) the maximum capacity of storage tanks and vessels
used for the hazardous chemicals; and
(c) the maximum capacity of other storage areas at
the facility that could contain the hazardous chemicals; and
(d) the maximum capacity of pipe work outside process
areas to contain the hazardous chemicals; and
(e) the maximum quantity of hazardous chemicals
that would, in the event of failure, escape into the facility from pipe work
that is situated off the premises but is connected to the facility; and
(f) the maximum quantity of hazardous chemicals
loaded into or onto, or unloaded from, vehicles, trailers, rolling stock and ships
that are from time to time present at the facility in the course of the
facility’s operations.
(2) Subregulation (1) applies with any necessary changes
to hazardous chemicals that are likely
to be present at a proposed facility.
(3) Schedule 15 chemicals present or likely to be present
in the tailings dam of a mine are not to be considered in determining whether a
mine is a facility or a major hazard facility.
533 Meaning
of operator of a facility or proposed facility
(1) In this Chapter, the operator of a facility
is the person conducting the business or undertaking of operating the facility
who has:
(a) management or control of the facility; and
(b) the power to direct that the whole facility
be shut down.
(2) In this Chapter, operator of a
proposed facility means:
(a) the operator of a proposed facility that is
an existing workplace; or
(b) the person who is to be the operator of a proposed
facility that is being designed or constructed.
(3) If more than one person is an operator of the
facility within the meaning of subregulation (1):
(a) one of those persons must be selected as the
operator of the facility for the purposes of this Chapter; and
(b) that person’s details must be given to the regulator.
(4) The person selected:
(a) must inform the regulator of the nomination;
and
(b) may do so by including it in a notification under
regulation 536.
(5) The person selected under subregulation (3) is the operator
of the facility for the purposes of this Chapter.
(6) If a selection is not made, each of the following persons
is taken to be an operator
of the facility for this Chapter:
(a) each operator within the meaning of subregulation
(1) who is an individual;
(b) for each operator within the meaning of subregulation
(1) that is a body corporate — each officer of the body corporate.
534 Meaning
of modification of a facility
(1) In these Regulations, a reference to a modification of
a major hazard facility is a reference to a change or proposed change at the
major hazard facility that has or would have the effect of:
(a) creating a major incident hazard that has
not previously been identified; or
(b) significantly increasing the likelihood of a major
incident occurring; or
(c) in relation to a major incident that may occur —
significantly increasing:
(i) its magnitude; or
(ii) the severity of its health and
safety consequences.
(2) For subregulation (1), a change or proposed
change at a major hazard facility means a change or proposed change of
any kind, including any of the following:
(a) a change to any plant, structure, process or
chemical or other substance used in a process, including the introduction of
new plant, a new structure, a new process or a new chemical;
(b) a change to the quantity of Schedule 15 chemicals
present or likely to be present at the major hazard facility;
(c) a change to the operation, or the nature of
the operation, of the major hazard facility;
(d) a change in the workers’ safety role;
(e) a change to the major hazard facility’s
safety management system;
(f) an organisational change at the major hazard
facility, including a change in its senior management.
Division 2 Requirement to be licensed
535 A
major hazard facility must be licensed
(1) A facility at which Schedule 15 chemicals are present
or likely to be present in a quantity that exceeds their threshold quantity
must be licensed under Part 9.7.
Note See section 41 of the Act.
(2) A facility that is determined to be a major hazard facility
under regulation 541 must be licensed under Part 9.7.
Note See section 41 of the Act.
(3) Despite subregulation (1) or (2), a determined major
hazard facility is exempt from the requirement to be licensed during the
exemption period if the operator of the major hazard facility is taken to be a
suitable person to operate the facility for the purposes of Part 9.2.
(4) The operator of a licensed major hazard facility must
hold the licence for the major hazard facility.
(5) In this regulation, exemption period, in
relation to a determined major hazard facility, means the period beginning on
the determination of the facility and ending on the first of the following to occur:
(a) the revocation of the determination of the facility
under regulation 546;
(b) the end of the period for applying for a licence
given under regulation 549, unless an application for a licence for the
facility is made within that period;
(c) the grant of a licence for the facility
under Part 9.7;
(d) if the regulator decides to refuse to grant
a licence for the facility:
(i) the end of the period for applying
for an external review of that decision, unless an application for external
review is made within that period; or
(ii) the making of the decision on the external
review.
Note 1 The licensing process is
provided for in Part 9.7.
Note 2 Under Part 9.2, an operator
of a determined major hazard facility is taken to be a suitable operator if no
determination is made under regulation 543.
Note 3 Under Part 9.3 the operator
of a determined major hazard facility is given a limited time to prepare the
major hazard facility to be licensed, including by preparing a safety case.
Note 4 Part 9.2 provides for the
notification and determination of facilities and operators of facilities. The
purpose of notification is to enable the regulator to determine whether:
(a) a facility or proposed facility is a major hazard facility;
and
(b) the operator of a determined major hazard facility is a
suitable person to:
(i) operate
the facility while the determination under paragraph (a) is in force; and
(ii) apply
for a licence for the facility.
Part 9.2 Determinations
about Major Hazard Facilities
536 Operators of certain
facilities must notify regulator
(1) The operator of a facility at which Schedule 15 chemicals
are present or likely to be present in a quantity that exceeds 10% of their
threshold quantity must notify the regulator of this circumstance in accordance
with this Part.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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) Notification must be given:
(a) as soon as practicable (but not more than 3
months) after the operator becomes aware, or ought reasonably to have become
aware, of the circumstance giving rise to the requirement to notify; or
(b) within any longer period that the regulator determines
if satisfied on application by the operator that there is a reasonable excuse
for the delayed notification.
Note See section 268 of the Act for
offences relating to the giving of false or misleading information under the
Act or these Regulations.
537 Notification —
proposed facilities
(1) The operator of a proposed facility at which Schedule
15 chemicals are likely to be present in a quantity that exceeds 10% of their
threshold quantity may notify the regulator of this circumstance
Note 1 See definition of proposed facility in
subregulation 5 (1).
Note 2 For the meaning of likely to be present,
see regulation 532.
(2) Any notification under this regulation must include
the information required by regulation 538 (with any necessary changes).
538 Content
of notification
(1) A notification under regulation 536 must be made in
the manner and form required by the regulator.
(2) The notification must include the following:
(a) information about the facility, including
the nature of its operations;
(b) information about the operator, including the
matters specified in subregulation (3);
(c) information about the Schedule 15 chemicals present
or likely to be present at the facility;
(d) the nomination of a contact person with whom
the regulator can communicate for the purposes of:
(i) this Part; and
(ii) the licensing process;
(e) any additional information required by the regulator.
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 information given under paragraph (2) (b) must
include the following:
(a) the operator’s name;
(b) whether or not the operator is a body
corporate;
(c) any other evidence of the operator’s
identity required by the regulator;
(d) if the operator is an individual:
(i) a declaration as to whether or not
the operator has ever been convicted or found guilty of any offence under the
Act, these Regulations or any other current or former law of the Commonwealth
or a State that deals with occupational health and safety matters; and
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.
(ii) details of any conviction or
finding of guilt declared under subparagraph (i); and
(iii) a declaration as to whether or not
the operator has ever entered into an enforceable undertaking under the Act or
any other current or former law of the Commonwealth or a State that deals with
occupational health and safety matters; and
(iv) details of any enforceable
undertaking declared under subparagraph (iii); and
(v) if the operator has previously been
refused an equivalent licence under a corresponding WHS law, a declaration giving
details of that refusal; and
(vi) if the operator has previously
held an equivalent licence under a corresponding WHS law, a declaration:
(A) describing any condition
imposed on that licence; and
(B) stating whether or not
that licence had been suspended or cancelled and, if so, whether or not the operator
had been disqualified from applying for an equivalent licence; and
(C) giving details of any
suspension, cancellation or disqualification;
(e) if the operator is a body corporate, the information
specified in paragraph (d) in relation to:
(i) the operator; and
(ii) each officer of the operator.
(4) The notification must be accompanied by the relevant
fee.
(5) If the information that is required to be included
in a notification is national security information, the operator of the
facility complies with the requirement by giving the regulator a summary, in a
form approved by the regulator, of that information.
(6) In this regulation:
national security information means
information the disclosure of which is likely to prejudice Australia’s national
security.
539 When
regulator may conduct inquiry
The regulator may conduct an inquiry under this Division
if a notification under regulation 536 or 537 discloses, or if for some other
reason the regulator reasonably suspects, that:
(a) the quantity of Schedule 15 chemicals present
or likely to be present at a facility (or proposed facility) exceeds 10% of their
threshold quantity but does not exceed their threshold quantity; or
(b) the operator of the facility (or proposed facility)
may not be a suitable person to operate the facility (or proposed facility).
540 Inquiry
procedure
(1) This regulation sets out the procedure for an inquiry.
(2) The regulator must give a written notice to the person
referred to in subregulation (3):
(a) informing the person of the reasons for the inquiry;
and
(b) advising the person that the person may, by a
specified date (being not less than 28 days after the notice is given), make a
submission to the regulator in relation to the inquiry.
(3) Notice under subregulation (2) must be given:
(a) for an inquiry about a facility in relation
to which a notification has been given under regulation 536 or 537 — to
the contact person identified in the notification; and
(b) in any other case — to the operator of
the facility.
(4) The regulator must:
(a) if the recipient of the notice has made a submission
in relation to the inquiry — consider that submission; and
(b) consult with interested persons including:
(i) health and safety representatives
at the facility; and
(ii) the emergency service
organisations that have responsibility for the area in which the facility is
located; and
(iii) any government department or
agency with a regulatory role in relation to major hazard facilities; and
(c) decide whether or not to make a determination
under regulation 541 or 542; and
(d) if it decides to make a determination under regulation 541
or 542 — decide whether or not to make a determination in relation to the operator
under regulation 543
541 Determination
in relation to facility, on inquiry
(1) This regulation applies if an inquiry discloses that
the quantity of Schedule 15 chemicals present or likely to be present at a
facility or proposed facility exceeds 10% of their threshold quantity, but does
not exceed their threshold quantity.
(2) The regulator may determine the facility or proposed
facility to be a major hazard facility if the regulator considers that there is
a potential for a major incident to occur at the facility or proposed facility
having regard to all relevant matters, including:
(a) the quantity and combination of Schedule 15 chemicals
present or likely to be present at the facility; and
(b) the type of activity at the facility that involves
the Schedule 15 chemicals; and
(c) land use and other activities in the surrounding
area.
Note 1 If an inquiry discloses that
the quantity of Schedule 15 chemicals present or likely to be present at a
facility exceeds their threshold quantity, the facility is a major hazard
facility. See definition of major
hazard facility in subregulation 5 (1).
Note 2 A determination that a
facility is a major hazard facility, or that a proposed facility is not a major
hazard facility, is a reviewable decision (see regulation 676).
542 Determination
in relation to over‑threshold facility
(1) This regulation applies if a notification under regulation
536 or 537 discloses that the quantity of Schedule 15 chemicals present or
likely to be present at a facility (or proposed facility) exceeds their threshold
quantity.
(2) The regulator must make a determination confirming
the facility (or proposed facility) to be a major hazard facility.
Note A determination that a facility is a
major hazard facility is a reviewable decision (see regulation 676).
543 Suitability
of facility operator
(1) This regulation applies if the regulator determines a
facility or a proposed facility to be a major hazard facility under regulation
541 or 542.
(2) The regulator may determine that the operator of the
major hazard facility or proposed major hazard facility is not a suitable
person to operate the major hazard facility if the regulator:
(a) has conducted an inquiry under regulation 540
into the suitability of the operator; and
(b) is satisfied on reasonable grounds that the operator
is not a suitable person to operate the major hazard facility or proposed major
hazard facility.
(3) If no determination is made under this regulation, the
operator of the major hazard facility or proposed major hazard facility is
taken to be a suitable person to operate the major hazard facility and to apply
for a major hazard facility licence.
Note A determination that a person is not
a suitable operator is a reviewable decision (see regulation 676).
544 Conditions
on determination of major hazard facility
(1) The regulator may impose any conditions it considers
appropriate on a determination made under regulation 541 or 542.
(2) Without limiting subregulation (1), the regulator may
impose conditions in relation to one or more of the following:
(a) additional control measures that must be implemented
in relation to the carrying out of work or activities at the determined major hazard
facility;
(b) the recording or keeping of additional information;
(c) the provision of additional information, training
and instruction or the provision of specified information, training and instruction
to additional persons or classes of persons;
(d) the provision of additional information to
the regulator;
(e) if the operator is a person conducting a business
or undertaking, the additional class of persons who may carry out work or
activities on the operator’s behalf.
(3) The operator of a determined major hazard facility,
in relation to which conditions are imposed under this regulation, must ensure that
the conditions are complied with.
Note A decision to impose a condition on
a determination is a reviewable decision (see regulation 676).
545 Notice
and effect of determinations
(1) If the regulator makes a determination under this Part,
the regulator must give the operator of the determined major hazard facility a
written notice of the determination, stating:
(a) the reasons for the determination; and
(b) the date on which the determination takes effect,
which must be at least 28 days after the date of the notice; and
(c) any conditions imposed on the determination under
regulation 544.
(2) The notice must be given within 14 days of the making
of the determination.
(3) The effect of a determination under regulation 543 is
that:
(a) the operator is not taken to be a suitable person
to operate the determined major hazard facility; and
(b) the exemption provided by subregulation 535 (3)
does not apply to the determined major hazard facility.
Note For the effect of a determination
under regulation 541 or 542, see definition of determined major hazard facility in
subregulation 5 (1).
(4) A determination takes effect on the date specified in
the notice.
(5) A determination is of unlimited duration unless it is
revoked.
546 When
regulator may revoke a determination
The regulator may revoke a determination under this
Part if, after consultation with the major hazard facility’s contact person or
operator (as applicable), the regulator is satisfied that the reasons for the
determination no longer apply.
547 Re‑notification
if quantity of Schedule 15 chemicals increases
(1) This regulation applies to a facility or proposed facility:
(a) at which the quantity of Schedule 15 chemicals
present or likely to be present exceeds 10% of their threshold quantity but does
not exceed their threshold quantity; and
(b) in relation to which notification was given under
regulation 536 or 537; and
(c) that is not determined to be a major hazard facility
under regulation 541.
(2) The operator of the facility or proposed facility must
re‑notify the regulator in accordance with this Part if the quantity of
Schedule 15 chemicals present or likely to be present at the facility or proposed
facility increases, or is likely to increase, to a level that exceeds the level
previously notified to the regulator.
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 provisions of this Part apply, to the extent
that they relate to a re‑notification under this regulation, as if the re‑notification
were a notification under regulation 536.
548 Notification
by new operator
(1) This regulation applies:
(a) in relation to a determined major hazard facility
that is proposed to be operated by a new operator; and
(b) whether or not a determination under regulation
543 was made in relation to the current operator.
(2) A proposed new operator of the determined major hazard
facility must give the regulator a notification that contains the information
specified in subregulation 538 (2) in relation to the proposed new operator.
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 provisions of this Part apply, to the extent
that they relate to the suitability of an operator, as if the notification
under subregulation (2) were a notification under regulation 536.
549 Time
in which major hazard facility licence must be applied for
(1) Subject to this regulation, the operator of a determined
major hazard facility must apply for a major hazard facility licence within 24
months after the determination of the facility.
(2) The regulator may extend the time in which the operator
of a determined major hazard facility must apply for a licence if satisfied, on
application by the operator, that there has not been sufficient time to comply
with Part 9.3.
Note The exemption from the requirement
to be licensed is conditional on an application for a licence being made within
the time specified by this regulation (see subregulations 535 (3) and
(5)).
Part 9.3 Duties
of Operators of Determined Major Hazard Facilities
Note 1 The
operator of a determined major hazard facility is required to comply with this
Part for a specified period and to prepare a safety case in order to apply for
a major hazard facility licence.
Note 2 The
Act and Chapter 7 of these Regulations (Hazardous Chemicals) continue to apply
to a determined major hazard facility.
Division 1 Application of Part 9.3
550 Application
of Part 9.3
This Part ceases to apply to a determined major hazard
facility at the end of the exemption period applying to that facility under
regulation 535.
Division 2 Safety case outline
551 Safety
case outline must be provided
The operator of a determined major hazard facility must
provide the regulator with a safety case outline for the major hazard facility
within 3 months after the facility is determined to be a major hazard facility.
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.
552 Content
A safety case outline provided under regulation
551 must include the following:
(a) a written plan for the preparation of the safety
case, including key steps and timelines, with reference being made to each element
of the safety case;
(b) a description of the methods to be used in preparing
the safety case, including methods for ensuring that all the information contained
in the safety case is accurate and up to date when the safety case is provided
to the regulator;
(c) details of the resources that will be
applied to the preparation of the safety case, including the number of persons
involved, their relevant knowledge and experience and sources of technical
information;
(d) a description of the consultation with workers
that:
(i) occurred in the preparation of the
safety case outline; and
(ii) will occur in the preparation of
the safety case;
(e) a draft of the emergency plan prepared or to
be prepared under regulation 557;
(f) a summary of any arrangements that are to be
made in relation to the security of the major hazard facility.
Example
Arrangements for preventing unauthorised access to the
major hazard facility.
553 Alteration
(1) If the regulator is not satisfied that a safety case
outline provided by the operator of a determined major hazard facility will
lead to the development of a safety case that complies with regulation 561, the
regulator may require the operator to alter the outline.
(2) If the regulator proposes to require an operator to
alter a safety case outline, the regulator must give the operator a written
notice:
(a) informing the operator of the proposed requirement
and the reasons for it; and
(b) advising the operator that the operator may make
a submission to the regulator in relation to the proposed requirement; and
(c) specifying the date (being not less than 28
days) by which the submission must be made.
(3) The regulator must:
(a) if the operator has made a submission in relation
to the proposed requirement to alter a safety case outline — consider that
submission; and
(b) whether or not the operator has made a submission —
decide whether or not to require the operator to alter the outline; and
(c) within 14 days after deciding, give the operator
written notice of the decision, including details of the alteration required and
the reasons why it is required.
(4) The operator must alter the outline as required.
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 operator must give the regulator a copy of a safety
case outline that has been altered:
(a) under this regulation; or
(b) by the operator on the operator’s initiative.
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.
(6) The safety case outline as altered becomes the safety
case outline for the major hazard facility.
Division 3 Management of risk
554 Identification
of major incidents and major incident hazards
(1) The operator of a determined major hazard facility must
identify:
(a) all major incidents that could occur in the course
of the operation of the major hazard facility; and
(b) all major incident hazards for the major hazard
facility, including major incident hazards relating to the security of the
major hazard facility.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) In complying with subregulation (1), the operator must
have regard to any advice and recommendations given by:
(a) the emergency service organisations with responsibility
for the area in which the major hazard facility is located; and
(b) any government department or agency with a regulatory
role in relation to major hazard facilities.
(3) The operator must document:
(a) all identified major incidents and major incident
hazards; and
(b) the criteria and methods used in identifying the
major incidents and major incident hazards; and
(c) any external conditions under which the major
incident hazards, including those relating to the security of the major hazard facility,
might give rise to the major incidents.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
555 Safety
assessment
(1) The operator of a determined major hazard facility must
conduct a safety assessment in relation to the operation of the major hazard
facility.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 order to provide the operator with a detailed understanding
of all aspects of risks to health and safety associated with major incidents, a
safety assessment must involve a comprehensive and systematic investigation and
analysis of all aspects of risks to health and safety associated with all major
incidents that could occur in the course of the operation of the major hazard
facility, including the following:
(a) the nature of each major incident and major incident
hazard;
(b) the likelihood of each major incident hazard causing
a major incident;
(c) in the event of a major incident occurring,
its potential magnitude and the severity of its potential health and safety
consequences;
(d) the range of control measures considered;
(e) the control measures the operator decides to
implement.
(3) In conducting a safety assessment, the operator must:
(a) consider major incidents and major incident hazards
cumulatively as well as individually; and
(b) use assessment methods (whether quantitative
or qualitative, or both), that are suitable for the major incidents and major incident
hazards being considered.
(4) The operator must document all aspects of the safety
assessment, including:
(a) the methods used in the investigation and analysis;
and
(b) the reasons for deciding which control measures
to implement.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 operator must keep a copy of the safety assessment
at the major hazard facility.
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.
556 Control
of risk
(1) The operator of a determined major hazard facility must
implement control measures that:
(a) eliminate, so far as is reasonably
practicable, the risk of a major incident occurring; or
(b) if it is not reasonably practicable to
eliminate that risk — minimise that risk so far as is reasonably
practicable.
Note WHS Act — section 20 (see
regulation 9).
(2) The operator of a determined major hazard facility must
implement risk control measures designed to minimise, in the event of a major
incident occurring, its magnitude and the severity of its consequences to
persons both on‑site and off‑site.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
557 Emergency
plan
(1) The operator of a determined major hazard facility must
prepare an emergency plan for the major hazard facility that:
(a) addresses all health and safety consequences
of a major incident occurring; and
(b) includes all matters specified in Schedule
16; and
(c) provides for testing of emergency procedures,
including the frequency of testing.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 preparing an emergency plan, the operator must consult
with:
(a) the emergency service organisations with responsibility
for the area in which the major hazard facility is located; and
(b) in relation to the off‑site health and safety
consequences of a major incident occurring — the organisation identified
as the local authority in accordance with regulations made under a law of a
State that deals with occupational health and safety matters.
(3) The operator must ensure that the emergency plan addresses
any recommendation made by the emergency service organisations consulted under subregulation
(2) in relation to:
(a) the testing of the emergency plan, including
the manner in which it will be tested, the frequency of testing and whether or
not the emergency service organisations will participate in the testing; and
(b) what incidents or events at the major hazard facility
should be notified to the emergency service organisations.
(4) The operator must have regard to any other recommendation
or advice given by a person consulted under subregulation (2).
(5) The operator must:
(a) keep a copy of the plan at the major hazard facility;
and
(b) give a copy of the plan to:
(i) the emergency service
organisations consulted under subregulation (2); and
(ii) any other relevant emergency
service organisations.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 operator must test the emergency plan in accordance
with the recommendations made by the emergency service organisations consulted under
subregulation (2) before applying for a licence for the major hazard facility.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(7) The operator must immediately implement the emergency
plan if:
(a) a major incident occurs in the course of the
operation of the major hazard facility; or
(b) an event occurs that could reasonably be expected
to lead to a major incident.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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) The operator must notify the emergency service organisations
consulted under subregulation (2) of the occurrence of an incident or event
referred to in paragraph (3) (b).
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 This regulation applies in
addition to regulation 43.
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.
558 Safety
management system
(1) The operator of a determined major hazard facility must
establish a safety management system for the operation of the major hazard
facility, 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.
(2) The operator of a determined major hazard facility must
implement the safety management system for the major hazard facility, 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 safety management system must:
(a) provide a comprehensive and integrated system
for the management of all aspects of risk control in relation to the occurrence
and potential occurrence of major incidents at the major hazard facility; and
(b) be designed to be used by the operator as the
primary means of ensuring the safe operation of the major hazard facility.
(4) The safety management system must:
(a) be documented; and
(b) state the operator’s safety policy, including
the operator’s broad aims in relation to the safe operation of the major hazard
facility; and
(c) state the operator’s specific safety
objectives and describe the systems and procedures that will be used to achieve
those objectives; and
(d) include the matters specified in Schedule 17;
and
(e) be readily accessible to persons who use it.
559 Review
of risk management
(1) The operator of a determined major hazard facility must
review and as necessary revise the following, in accordance with this
regulation:
(a) the safety assessment conducted under regulation
555 in order to ensure the adequacy of the control measures to be implemented
by the operator;
(b) the major hazard facility’s emergency plan;
(c) the major hazard facility’s safety management
system.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
(2) Without limiting subregulation (1), the operator must
conduct a review and revision in the following circumstances:
(a) a modification to the major hazard facility
is proposed;
(b) a control measure implemented under regulation
556 does not minimise the relevant risk so far as is reasonably practicable;
Example
An effectiveness test indicates
a deficiency in the control measure.
(c) a new major hazard risk is identified;
(d) the results of consultation by the operator under
Part 9.5 indicate that a review is necessary;
(e) a health and safety representative requests a
review under subregulation (4);
(f) the regulator requires the review.
(3) In reviewing and revising the emergency plan, the operator
must consult with the emergency service organisations referred to in subregulation
557 (2).
(4) A health and safety representative for workers at a
major hazard facility may request a review 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 operator has not adequately conducted a review
in response to the circumstance.
Division 4 Safety case
560 Safety
case must be provided
The operator of a determined major hazard facility must
provide the regulator with a completed safety case for the major hazard
facility, that has been prepared in accordance with regulation 561, within 24
months after the facility was determined to be a major hazard facility.
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.
561 Content
(1) The operator must prepare the safety case in accordance
with the safety case outline prepared or altered under this Division.
(2) A safety case must contain the following:
(a) a summary of the identification conducted under
regulation 554, including a list of all major incidents identified;
(b) a summary of the safety assessment conducted
under regulation 555;
(c) a summary of the major hazard facility’s emergency
plan;
(d) a summary of the major hazard facility’s safety
management system;
(e) a description of any arrangements made in relation
to the security of the major hazard facility;
(f) a description of the consultation with workers
that took place under regulation 575 in the preparation of the safety case;
(g) the additional matters specified in Schedule
18.
(3) The safety case must include any further information
that is necessary to ensure that all information contained in the safety case
is accurate and up to date.
(4) A safety case must demonstrate:
(a) that the major hazard facility’s safety management
system will, once implemented, control risks arising from major incidents and
major incident hazards; and
(b) the adequacy of the measures to be implemented
by the operator to control risks associated with the occurrence and potential occurrence
of major incidents.
(5) The operator must include in the safety case a signed
statement that:
(a) the information provided under subregulations
(1) and (2) is accurate and up to date; and
(b) as a consequence of conducting the safety assessment,
the operator has a detailed understanding of all aspects of risk to health and
safety associated with major incidents that may occur; and
(c) the control measures to be implemented by the
operator:
(i) will eliminate the risk of a major
incident occurring, so far as is reasonably practicable; and
(ii) if it is not reasonably
practicable to eliminate the risk of a major incident occurring — will
minimise the risk so far as is reasonably practicable; and
(iii) in the event of a major incident occurring —
will minimise its magnitude and the severity of its health and safety consequences
so far as is reasonably practicable; and
(d) all persons to be involved in the implementation
of the safety management system have the knowledge and skills necessary to
enable them to carry out their role safely and competently.
(6) If the operator is a body corporate, the safety case
must be signed by the most senior executive officer of the body corporate who
resides in the jurisdiction in which the facility is located.
562 Co‑ordination
for multiple facilities
(1) The regulator may require the operators of 2 or more
major hazard facilities to co‑ordinate the preparation of the safety cases for
their major hazard facilities if the regulator is satisfied on reasonable
grounds that such co‑ordination is necessary in the interests of the safe operation
and effective safety management of any or all of those major hazard facilities.
(2) If the regulator requires the co‑ordinated preparation
of safety cases, each operator must provide the other operators with
information concerning any circumstances at the operator’s facility that could
constitute a major incident hazard in relation to any of the other major hazard
facilities.
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) In complying with this regulation, the operator is not
required to disclose information that may expose the major hazard facility to a
major incident hazard in relation to the security of the major hazard facility.
563 Review
The operator of a determined major hazard facility must
review and as necessary revise the major hazard facility’s safety case after
any review is conducted under regulation 559.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note 1 The operator of a licensed
major hazard facility is required to tell the regulator about any change in
relation to certain information about the licence (see regulation 588).
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 9.4 Licensed
major hazard facilities — risk management
Note This Part
applies to a major hazard facility that is licensed under Part 9.7.
564 Identification
of major incidents and major incident hazards
(1) The operator of a licensed major hazard facility must
identify:
(a) all major incidents that could occur in the course
of the operation of the major hazard facility; and
(b) all major incident hazards for the major hazard
facility, including major incident hazards relating to the security of the
major hazard facility.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) In complying with subregulation (1), the operator must
have regard to any advice and recommendations given by:
(a) the emergency service organisations with responsibility
for the area in which the major hazard facility is located; and
(b) any government department or agency with a regulatory
role in relation to major hazard facilities.
(3) The operator must document:
(a) all identified major incidents and major incident
hazards; and
(b) the criteria and methods used in identifying the
major incidents and major incident hazards; and
(c) any external conditions under which the major
incident hazards, including those relating to the security of the major hazard facility,
might give rise to the major incidents.
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) All major incidents and major incident hazards identified
and documented under regulation 554 in relation to the major hazard facility
are taken to have been identified and documented under this regulation.
565 Safety
assessment
The operator of a licensed major hazard facility must
keep a copy of the safety assessment documented under regulation 555 as
revised under Part 9.3 and this Part at the facility.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
566 Control
of risk
(1) The operator of a licensed major hazard facility must
implement risk control measures that:
(a) eliminate, so far as is reasonably
practicable, the risk of a major incident occurring; or
(b) if it is not reasonably practicable to
eliminate that risk — minimise that risk so far as is reasonably
practicable.
Note WHS Act — section 20 (see
regulation 9).
(2) The operator of a licensed major hazard facility must
implement risk control measures designed to minimise, in the event of a major
incident occurring, its magnitude and the severity of its consequences to persons
both on‑site and off‑site.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the Act,
unless otherwise stated. The reference in section 12F of the Act includes these
Regulations.
567 Emergency
plan
(1) The operator of a licensed major hazard facility must
keep a copy of the major hazard facility’s emergency plan prepared under
regulation 557 as revised under Part 9.3 and this Part at the facility.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 operator must test the emergency plan in accordance
with the recommendations made by the emergency service organisations referred
to in subregulation 557 (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.
(3) The operator must immediately implement the emergency
plan if:
(a) a major incident occurs in the course of the
operation of the major hazard facility; or
(b) an event occurs that could reasonably be expected
to lead to a major incident.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 operator must notify the regulator and the emergency
service organisations referred to in subregulation 557 (2) of the
occurrence of an incident or event referred to in subregulation 557 (3) as
soon as practicable after the incident or event occurs.
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.
568 Safety
management system
(1) The operator of a licensed major hazard facility must
implement the major hazard facility’s safety management system established
under regulation 558 as revised under Part 9.3 and this Part.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 operator must use the safety management system
as the primary means of:
(a) ensuring the health and safety of workers engaged
or caused to be engaged by the operator and workers whose activities in carrying
out work are influenced or directed by the operator while the workers are at
work in the operation of the major hazard facility; and
(b) ensuring that the health and safety of other persons
is not put at risk from work carried out as part of the operation of the major hazard
facility.
Note The operator of a licensed major
hazard facility is required to inform the regulator about any change in
relation to certain information about the licence (see regulation 588).
569 Review
of risk management
(1) The operator of a licensed major hazard facility must
review and as necessary revise the following, in accordance with this
regulation:
(a) the safety assessment for the facility in
order to ensure the adequacy of the control measures to be implemented by the
operator;
(b) the major hazard facility’s emergency plan;
(c) the major hazard facility’s safety management
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.
(2) Without limiting subregulation (1), the operator must
conduct a review and revision in the following circumstances:
(a) a modification to the major hazard facility
is proposed;
(b) a control measure implemented under regulation
566 does not minimise the relevant risk so far as is reasonably practicable;
Example
An effectiveness test indicates
a deficiency in the control measure.
(c) a new major hazard risk is identified;
(d) the results of consultation by the operator under
Part 9.5 indicate that a review is necessary;
(e) a health and safety representative requests a
review under subregulation (5);
(f) the regulator requires the review;
(g) at least once every 5 years.
(3) In reviewing and revising the safety assessment, the
operator must comply with the requirements set out in subregulations 555 (2),
(3) and (4).
(4) In reviewing and revising the emergency plan, the operator
must consult with the emergency service organisations referred to in subregulation
557 (2).
(5) A health and safety representative for workers at a
major hazard facility may request a review 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 operator has not adequately conducted a review
in response to the circumstance.
570 Safety
case — review
The operator of a licensed major hazard facility must
review and as necessary revise the safety case after any review is conducted
under regulation 569.
Penalty:
(a) In the case of an individual — $3 600.
(b) In the case of a body corporate — $18 000.
Note 1 The operator of a licensed
major hazard facility is required to tell the regulator about any change in
relation to certain information about the licence. See regulation 588.
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.
571 Information
for visitors
The operator of a licensed major hazard facility must
ensure that a person other than a worker who enters the major hazard facility
is as soon as practicable:
(a) informed about hazards at the major hazard facility
that may affect that person; and
(b) instructed in safety precautions the person should
take; and
(c) instructed in the actions the person should take
if the emergency plan is implemented while the person is on‑site.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
572 Information
for local community and local authority — general
(1) The operator of a licensed major hazard facility must
ensure the provision of the following information to the local community and the
local authority:
(a) the name and location of the major hazard facility;
(b) the name, position and contact details of a contact
person from whom information may be obtained;
(c) a general description of the major hazard
facility’s operations;
(d) the means by which the local community will
be notified of a major incident occurring;
(e) the actions, as specified in the major
hazard facility’s emergency plan, that members of the local community should
take if a major incident occurs;
(f) a summary of the safety case for the major hazard
facility.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 operator must ensure that the information provided
under subregulation (1) is:
(a) set out and expressed in a way that is
readily accessible and understandable to persons who are not familiar with the
major hazard facility and its operations; and
(b) reviewed and as necessary revised if a modification
is made to the major hazard facility; and
(c) sent in writing to any community or public library
serving the local community.
(3) In complying with subregulation (1), the operator is
not required to disclose information that may expose the major hazard facility
to a major incident hazard in relation to the security of the major hazard
facility.
(4) The operator of a licensed major hazard facility who
receives a written request from a person who reasonably believes that the
occurrence of a major incident at the major hazard facility may adversely affect
his or her health or safety must give that person with a copy of the
information provided to the local community under this regulation.
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.
573 Information
for local community — major incident
(1) As soon as practicable after a major incident occurs,
the operator of the major hazard facility must take all reasonable steps to
provide the persons specified in subregulation (2) with information about the
major incident, including:
(a) a general description of the major incident;
and
(b) a description of the actions the operator has
taken and proposes to take to prevent any recurrence of the major incident or
the occurrence of a similar major incident; and
(c) recommended actions that the local authority
and members of the local community should take to eliminate or minimise risks
to health and safety.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) The persons to whom information about a major incident
must be given are:
(a) the local community, if a member of the local
community was affected by the major incident; and
(b) the local authority; and
(c) any government department or agency with a regulatory
role in relation to major hazard facilities.
Part 9.5 Consultation
and Workers’ Safety role
574 Safety role for workers
(1) The operator of a determined major hazard facility must,
within the time specified in the safety case outline for the major hazard
facility, implement a safety role for the workers at the major hazard facility
that enables them to contribute to:
(a) the identification of major incidents and major
incident hazards under regulation 554; and
(b) the consideration of control measures in the conduct
of the safety assessment under regulation 555; and
(c) the conduct of a review under regulation
559.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 operator of a licensed major hazard facility must
implement a safety role for workers at the facility so as to enable them to
contribute to the conduct of a review under regulation 569.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
575 Operator
of major hazard facility must consult with workers
(1) For paragraph 49 (f) of the Act, the operator
of a determined major hazard facility must consult with workers at the major
hazard facility in relation to the following:
(a) the preparation of the safety case outline
for the major hazard facility;
(b) the preparation, testing and implementation of
the major hazard facility’s emergency plan;
(c) the establishment and implementation of the major
hazard facility’s safety management system;
(d) the conduct of a review under regulation 559;
(e) the implementation of the workers’ safety role
under subregulation 574 (1);
(f) the preparation and review of the major
hazard facility’s safety case.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note Section 12F of the Act provides that
strict liability applies 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 49 (f) of the Act, the operator
of a licensed major hazard facility must consult with workers at the major
hazard facility in relation to the following:
(a) the testing and implementation of the major hazard
facility’s emergency plan;
(b) the implementation of the major hazard
facility’s safety management system;
(c) the conduct of a review under regulation
569;
(d) the implementation of the workers’ safety role
under subregulation 574 (2);
(e) a review of the major hazard facility’s
safety case.
Penalty:
(a) In the case of an individual — $6 000.
(b) In the case of a body corporate — $30 000.
Note 1 See section 49 of the Act for
other consultation duties of a person conducting a 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 9.6 Duties
of Workers at Licensed Major Hazard Facilities
576 Duties
(1) While at work, a worker at a licensed major hazard
facility must:
(a) comply with any procedure imposed by the operator
as a control measure in relation to major incidents, including the taking of corrective
action under the procedure; and
(b) comply with any procedure in the emergency plan,
including the taking of corrective action under the plan; and
(c) immediately inform the operator about any circumstance
that the worker believes may cause a major incident; and
(d) inform his or her supervisor about any corrective
action taken by the worker.
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 worker is not required to comply with subregulation
(1) if to do so would risk the health or safety of the worker or of another
worker or other person.
Part 9.7 Licensing
of major hazard facilities
Division 1 Licensing process
577 Who
may apply for a licence
Only an operator of a determined major hazard facility
who is taken to be a suitable operator under regulation 543 may apply for a
major hazard facility licence for that facility.
578 Application
for major hazard facility licence
(1) An application for a major hazard facility licence must
be made in the manner and form required by the regulator.
(2) The application must include the following information:
(a) the operator’s name;
(b) whether or not the operator is a body
corporate;
(c) if the operator conducts the business or undertaking
under a business name, that business name and a certificate or other written
evidence of the registration of the business name;
(d) any other evidence of the operator’s identity
required by the regulator;
(e) the safety case prepared under Division 4 of
Part 9.3;
(f) if the operator is an individual:
(i) a declaration as to whether or
not the operator has ever been convicted or found guilty of any offence under:
(A) the Act, these
Regulations or a former law of the Commonwealth or a State that deals with
occupational health and safety; or
(B) 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.
(ii) details of any conviction or
finding of guilt declared under subparagraph (i); and
(iii) a declaration as to whether or
not the operator has ever entered into an enforceable undertaking under:
(A) the Act, these
Regulations or a former law of the Commonwealth or a State that deals with
occupational health and safety; or
(B) any corresponding WHS law;
(iv) details of any enforceable
undertaking declared under subparagraph (iii); and
(v) if the operator has previously been
refused an equivalent licence under a corresponding WHS law, a declaration giving
details of that refusal; and
(vi) if the operator has previously
held an equivalent licence under a corresponding WHS law, a declaration:
(A) describing any condition
imposed on that licence; and
(B) stating whether or not
that licence had been suspended or cancelled and, if so, whether or not the operator
had been disqualified from applying for any licence; and
(C) giving details of any
suspension, cancellation or disqualification;
(g) if the operator is a body corporate, the information
referred to in paragraph (f) in relation to:
(i) the operator; and
(ii) each officer of the operator.
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.
579 Additional
information
(1) If an application for a major hazard facility 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 operator
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 operator does not provide the additional information
by the date specified, the application is to be taken to have been withdrawn.
(4) If the information that is required to be included
in a notification is national security information, the operator of the
facility complies with the requirement by giving the regulator a summary, in a
form approved by the regulator, of that information.
(5) The regulator may make more than one request for additional
information under this regulation.
Note See section 268 of the Act for
offences relating to the giving of false or misleading information under the
Act or these Regulations.
(6) In this regulation:
national security information means
information the disclosure of which is likely to prejudice Australia’s national
security.
580 Decision
on application
(1) Subject to this regulation, the regulator must grant
a major hazard facility 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 safety case for the facility has been prepared
in accordance with Division 4 of Part 9.3;
(c) the operator is able to operate the major hazard
facility safely and competently;
(d) the operator is able to comply with any conditions
that will apply to the licence.
(3) The regulator may refuse to grant a major hazard facility
licence if it becomes aware of circumstances that satisfy it that the following
persons are not suitable persons to exercise management or control over the
major hazard facility:
(a) if the operator is an individual — the
operator;
(b) if the operator is a body corporate — any
officer of the body corporate.
(4) The regulator must refuse to grant a major hazard facility
licence if satisfied that the operator, in making the application, has:
(a) given information that is false or
misleading in a material particular; or
(b) failed to give any material information that should
have been given.
(5) If the regulator decides to grant the licence, it must
notify the operator within 14 days after making the decision.
(6) If the regulator does not make a decision within 6
months after receiving the application or the additional information requested
under regulation 579, the regulator is taken to have refused to grant the
licence applied for.
Note A refusal to grant a major hazard
facility licence (including under subregulation (6)) is a reviewable decision
(see regulation 676).
581 Matters
to be taken into account
(1) For subregulation 580 (3), if the operator is
an individual, 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 operator 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) any enforceable undertaking the operator 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;
(c) in relation to any equivalent licence applied
for or held by the operator under a corresponding WHS law:
(i) any refusal to grant the licence;
and
(ii) any condition imposed on the
licence, if granted, and the reason the condition was imposed; and
(iii) any suspension or cancellation of
the licence, if granted, including any disqualification from applying for any
licence;
(d) the operator’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;
(e) any advice or recommendations received from
any agency of the Commonwealth with responsibility in relation to national
security.
(2) For subregulation 580 (3), if the operator is
a body corporate, the regulator must have regard to all relevant matters,
including the matters referred to in subregulation (1), in relation to:
(a) the body corporate; and
(b) each officer of the body corporate.
582 When
decision is to be made
The regulator must make a decision in relation to an
application for a major hazard facility licence within 6 months after receiving
the application or the additional information requested under regulation 579.
583 Refusal
to grant major hazard facility licence — process
(1) If the regulator proposes to refuse to grant a
major hazard facility licence, the regulator must give a written notice to the
operator:
(a) informing the operator of the reasons for
the proposed refusal; and
(b) advising the operator that the operator 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 operator has made a submission in relation
to the proposed refusal to grant the licence — consider that submission;
and
(b) whether or not the operator has made a submission —
decide whether to grant or refuse to grant the licence; and
(c) within 14 days after making the decision, give
the operator written notice of the decision, including the reasons for the decision.
584 Conditions
of licence
(1) The regulator may impose any conditions it considers
appropriate on a major hazard facility licence.
(2) Without limiting subregulation (1), the regulator may
impose conditions in relation to one or more of the following:
(a) additional control measures which must be implemented
in relation to the carrying out of work or activities under the licence;
(b) the recording or keeping of additional information;
(c) the provision of additional information, training
and instruction or the giving of specified information, training and instruction
to additional persons or classes of persons;
(d) the provision of additional information to
the regulator;
(e) if the operator is a person conducting a business
or undertaking, the additional class of persons who may carry out work or
activities on the operator’s behalf.
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).
585 Duration
of licence
Subject to this Part, a major hazard facility licence
takes effect on the day it is granted and, unless cancelled earlier, expires on
the day determined by the regulator, which must be not more than 5 years after
the day the licence was granted.
586 Licence
document
(1) If the regulator grants a major hazard facility licence,
the regulator must issue to the operator a licence document in the form
determined by the regulator.
(2) The licence document must include the following:
(a) the name of the operator;
(b) if the operator conducts the business or undertaking
under a business name — that business name;
(c) the location of the major hazard facility;
(d) any conditions imposed on the licence by the
regulator;
(e) the date on which the licence was granted; and
(f) the expiry date of the licence.
587 Licence
document to be available
(1) The operator of the major hazard facility 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 operator’s possession because:
(a) it has been returned to the regulator under regulation
593; and
(b) the operator has applied for, but has not received,
a replacement licence under regulation 594.
Division 2 Amendment of licence and licence document
588 Changes
to information
(1) The operator of a licensed major hazard facility must
give the regulator written notice of any change to any material particular in
any information given at any time by the operator to the regulator in relation
to the licence within 14 days after the operator becomes aware of the change.
Penalty:
(a) In the case of an individual — $1 250.
(b) In the case of a body corporate — $6 000.
Example
A change to the quantity of the hazardous chemicals present
or likely to be present at the facility.
Note Section 12F of the Act provides that
strict liability applies to each physical element of each offence under the
Act, unless otherwise stated. The reference in section 12F of the Act includes
these Regulations.
(2) Subregulation (1) applies whether the information was
given in the application for grant or renewal of the licence or in any other
circumstance.
589 Amendment
imposed by regulator
(1) The regulator may, on its own initiative, amend a major
hazard facility licence, including by amending the licence to:
(a) vary or delete a condition of the licence;
or
(b) impose a new condition on the licence.
(2) If the regulator proposes to amend a licence, the
regulator must give a written notice:
(a) setting out the proposed amendment and the
reasons for it; and
(b) advising the operator that the operator 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 amendment.
(3) After the date specified in a notice under subregulation (2),
the regulator must:
(a) if the operator has made a submission in relation
to the proposed amendment — consider that submission; and
(b) whether or not the operator has made a submission —
decide:
(i) to make the proposed amendment; or
(ii) not to make any amendment; or
(iii) to make a different amendment that
results from consideration of any submission made by the operator; and
(c) within 14 days after making that decision, give
the operator written notice that:
(i) sets out the amendment, if any;
and
(ii) if a submission was made in
relation to the proposed amendment — sets out the regulator’s reasons for
making the amendment; and
(iii) specifies the date (being not less
than 28 days after the operator is given the notice) on which the amendment, if
any, takes effect.
Note A decision to amend a licence is a
reviewable decision (see regulation 676).
590 Amendment
on application by operator
(1) The regulator, on application by the operator of a licensed
major hazard facility, may amend the major hazard facility licence, including by
amending the licence to vary or delete a condition of the licence.
(2) If the regulator proposes to refuse to amend the licence,
the regulator must provide a written notice to the operator:
(a) informing the operator of the proposed
refusal and the reasons for the proposed refusal; and
(b) advising the operator that the operator may, by
a specified date (being not less than 28 days after giving the notice), make a submission
to the regulator in relation to the proposed refusal.
(3) After the date specified in a notice under subregulation (2),
the regulator must:
(a) if the operator has made a submission in relation
to the proposed refusal — consider that submission; and
(b) whether or not the operator has made a submission —
decide:
(i) to make the amendment applied for;
or
(ii) not to make any amendment; or
(iii) to make a different amendment that
results from consideration of any submission made by the operator; and
(c) within 14 days after making that decision, give
the operator written notice of the decision in accordance with this regulation.
(4) If the regulator makes the amendment applied for,
the notice under paragraph (3) (c) must specify the date (not being less
than 28 days after the operator is given the decision notice) on which the
amendment takes effect.
(5) If the regulator refuses to make the amendment
applied for, or makes a different amendment, the notice under paragraph (3) (c)
must:
(a) if a submission was made in relation to the proposed
refusal of the amendment applied for — set out the reasons for the
regulator’s decision; and
(b) if the regulator makes a different amendment:
(i) set out the amendment; and
(ii) specify the date (being not less
than 28 days after the operator is given the decision notice) on which the amendment
takes effect.
Note A refusal to make the amendment
applied for, or a decision to make a different amendment, is a reviewable
decision (see regulation 676).
591 Minor
corrections to major hazard facility licence
The regulator may make minor amendments to a major
hazard facility licence, including an amendment:
(a) to correct an obvious error; or
(b) to change an address; or
(c) that does not impose a significant burden on
the operator.
592 Regulator
to give amended licence document to operator
If the regulator amends a major hazard facility licence
and considers that the licence document requires amendment, the regulator must
give the operator an amended licence document within 14 days after making the
decision to amend the licence.
593 Operator
to return licence
If a major hazard facility licence is amended, the operator
of the licensed major hazard facility 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.
594 Replacement
licence document
(1) The operator of a licensed major hazard facility 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 for a licensed major hazard facility
is lost, stolen or destroyed, the operator may apply to the regulator for a
replacement document.
Note An operator is required to keep the
licence document available for inspection (see regulation 587).
(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
Note See
section 268 of the Act for offences relating to the giving of false or
misleading information under the Act or these Regulations.
(b) be accompanied by the relevant fee.
(5) The regulator must issue a replacement 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 operator written notice of this decision, including
the reasons for the decision, within 14 days after making the decision.
Note A refusal to issue a replacement
licence document is a reviewable decision (see regulation 676).
Division 3 Renewal of major hazard facility licence
595 Regulator
may renew licence
The regulator may renew a major hazard facility licence
on application by the operator.
596 Application
for renewal
(1) An application for renewal of a major hazard
facility licence must be made in the manner and form required by the regulator.
(2) The application must include a copy of the safety
case for the major hazard facility as revised under regulation 570.
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 not less than 6 months
before the licence to be renewed expires.
597 Licence
continues in force until application is decided
If the operator of a licensed major hazard facility
applies under regulation 596 for the renewal of a major hazard facility
licence, the licence is taken to continue in force from the day it would, apart
from this regulation, have expired until the operator is given notice of the
decision on the application.
598 Provisions
relating to renewal of licence
For this Division:
(a) regulation 579 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 580 (except subregulation (6)),
581, 584 and 585 apply as if a reference in regulation 580 to the grant of a
licence were a reference to the renewal of a licence; and
(c) regulation 583 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.
Note A refusal to renew a licence is a
reviewable decision (see regulation 676).
599 Status
of major hazard facility licence during review
(1) This regulation applies if the regulator gives the operator
written notice of its decision to refuse to renew the licence.
(2) If the operator does not apply for an external review,
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 external
review.
(3) If the operator applies for an external review, the
licence continues to have effect until the earlier of the following events:
(a) the operator withdraws the application for review;
(b) the Administrative Appeals Tribunal makes a
decision on the review.
(4) The licence continues to have effect under this regulation
even if its expiry date passes.
Division 4 Transfer of major hazard facility licence
600 Transfer
of major hazard facility licence
(1) The regulator, on the application of the operator of
a major hazard facility, may transfer a major hazard facility licence to
another person who is to become the operator of the major hazard facility, if
satisfied that the proposed operator will achieve a standard of health and
safety in the operation of the facility that is at least equivalent to the standard
that the current operator has achieved.
(2) An application must be:
(a) made in the manner and form required by the regulator;
and
(b) accompanied by the relevant fee.
(3) The regulator may transfer the licence subject to any
conditions that the regulator considers necessary and appropriate to ensure
that the new operator will be able to achieve a standard of health and safety
in the operation of the facility that is at least equivalent to the standard
achieved by the existing operator.
(4) On the completion of the transfer, the person to whom
the licence is transferred becomes the operator of the major hazard facility
for the purposes of this Chapter.
Note 1 A decision to refuse to
transfer a major hazard facility licence is a reviewable decision (see
regulation 676).
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.
Division 5 Suspension and cancellation of major hazard facility licence
601 Cancellation
of major hazard facility licence — on operator’s application
(1) The operator of a licensed major hazard facility may
apply to the regulator to cancel the licence.
(2) An application must be:
(a) made in the manner and form required by the regulator;
and
(b) accompanied by the relevant fee.
(3) The regulator must conduct an inquiry into the inventory
and operations of the facility before deciding on an application to cancel a
licence.
(4) The regulator must cancel a major hazard facility licence
if:
(a) the quantity of Schedule 15 chemicals present
or likely to be present at the facility does not exceed their threshold
quantity; and
(b) it is unlikely that a major incident will
occur at the facility.
(5) If the regulator cancels the licence of a facility that
was determined to be a major hazard facility under Part 9.2, the regulator,
under this regulation, must revoke the determination.
Note 1 A decision to refuse to
cancel a licence is a reviewable decision (see regulation 676).
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.
602 Suspension
or cancellation of licence — on regulator’s initiative
(1) The regulator, on its own initiative, may suspend or
cancel a major hazard facility licence if satisfied about one or more of the
following:
(a) the operator has failed to ensure that the facility
is operated safely and competently;
(b) the operator has failed to ensure compliance with
a condition of the licence;
(c) the operator, 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.
(2) If the regulator suspends or cancels a major hazard
facility licence, the regulator may disqualify the operator from applying for a
further major hazard facility licence.
Note A decision to suspend a licence, to cancel
a licence or to disqualify the operator from applying for a further licence is
a reviewable decision (see regulation 676).
603 Matters
to be taken into account
(1) In making a decision under regulation 602, the regulator
must have regard to the following:
(a) any submissions made by the operator under
regulation 604;
(b) any advice received from a corresponding regulator;
(c) any advice or recommendations received from
any agency of the Commonwealth with responsibility in relation to national
security.
(2) For paragraphs 602 (1) (a) and (b), if the
operator is an individual, 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 operator 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) any enforceable undertaking the operator 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;
(c) in relation to any equivalent licence
applied for or held by the operator under a corresponding WHS law:
(i) any refusal to grant the licence;
and
(ii) any condition imposed on the
licence, if granted, and the reason the condition was imposed; and
(iii) any suspension or cancellation of
the licence, if granted, including any disqualification from applying for any
licence;
(d) the operator’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.
(3) For paragraphs 602 (1) (a) and (b), if the
operator is a body corporate, the regulator must have regard to all relevant
matters, including the matters referred to in subregulation (2), in relation
to:
(a) the body corporate; and
(b) each officer of the body corporate.
604 Notice
to and submissions by operator
Before suspending or cancelling a major hazard facility
licence, the regulator must give the operator a written notice of the proposed
suspension or cancellation, and any proposed disqualification:
(a) outlining all relevant allegations, facts
and circumstances known to the regulator; and
(b) advising the operator that the operator may,
by a specified date (being not less than 28 days after giving the notice) make a
submission in relation to the proposed suspension or cancellation and any
proposed disqualification.
605 Notice
of decision
(1) The regulator must give the operator of a major hazard
facility written notice of a decision under regulation 602 to suspend or cancel
the major hazard facility 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 or not the operator is
required to take any action before the suspension ends; and
(iv) whether or not the operator is disqualified
from applying for a further major hazard facility licence during the period of
suspension; and
(c) if the licence is to be cancelled, state:
(i) when the cancellation takes
effect; and
(ii) the reasons for the cancellation;
and
(iii) whether or not the operator is disqualified
from applying for a further major hazard facility licence; and
(d) if the operator is disqualified from
applying for a further major hazard facility licence, state:
(i) when the disqualification begins
and ends; and
(ii) the reasons for the
disqualification; and
(iii) whether or not the operator is
required to take any action before the disqualification ends; and
(e) state when the licence document must be returned
to the regulator.
606 Immediate
suspension
(1) The regulator may suspend a major hazard facility licence
on a ground referred to in regulation 602 without giving notice under
regulation 604 if satisfied that:
(a) a person may be exposed to an imminent serious
risk to his or her health or safety if the work carried out under the major
hazard facility licence were not suspended; or
(b) a corresponding regulator has suspended an equivalent
licence held by the operator 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 operator of the major
hazard facility 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 604 within 14
days after giving the notice under subregulation (2); and
(b) make its decision under regulation 602.
(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 the notice under regulation
604, the licence remains suspended until the decision is made under regulation
602.
607 Operator
to return licence document
An operator, on receiving a notice under regulation
605, 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.
608 Regulator
to return licence document after suspension
The regulator must return the licence document to the
operator within 14 days after the suspension ends.
Chapter 10 Mines
Chapter 11 General
Part 11.1 Review of Decisions under these Regulations
Division 1 Reviewable decisions
676 Which
decisions under these Regulations are reviewable
(1) The following table sets out:
(a) decisions made under these Regulations that are
reviewable under this Part (reviewable
decisions);
and
(b) who is eligible
to apply for review of a reviewable decision (the eligible person).
|
Item
|
Regulation under which reviewable decision is made
|
Eligible person in
relation to reviewable decision
|
|
|
High risk work licences
|
|
1
|
89 — Refusal to grant licence
|
Applicant
|
|
2
|
91 — Refusal to grant licence
|
Applicant
|
|
3
|
98 — Refusal to issue replacement licence document
|
Applicant
|
|
4
|
104 — Refusal to renew licence
|
Applicant
|
|
5
|
106 — Suspension of licence
|
Licence holder
|
|
6
|
106 — Cancellation of licence
|
Licence holder
|
|
7
|
106 — Disqualification of licence holder from
applying for another licence
|
Licence holder
|
|
|
Accreditation of assessors
|
|
8
|
118 — Refusal to grant accreditation
|
Applicant
An RTO that engages the
applicant
|
|
9
|
120 — Refusal to grant accreditation
|
Applicant
An RTO that engages the
applicant
|
|
10
|
121 — Imposition of a condition when granting
accreditation
|
Applicant
An RTO that engages the
applicant
|
|
11
|
121 — Imposition of a condition when renewing
accreditation
|
Applicant
An RTO that engages the
applicant
|
|
12
|
127 — Refusal to issue replacement accreditation
document
|
Accredited assessor
An RTO that engages the
accredited assessor
|
|
13
|
132 — Refusal to renew accreditation
|
Applicant
An RTO that engages the
applicant
|
|
14
|
133 — Suspension of accreditation
|
Accredited assessor
An RTO that engages the
accredited assessor
|
|
15
|
133 — Cancellation of accreditation
|
Accredited assessor
An RTO that engages the
accredited assessor
|
|
16
|
133 — Disqualification of assessor from applying for
a further accreditation
|
Accredited assessor
An RTO that engages the
accredited assessor
|
|
|
Registration of Plant
Designs
|
|
17
|
256 — Refusal to register plant design
|
Applicant
|
|
18
|
257 — Refusal to register plant design
|
Applicant
|
|
19
|
258 — Imposition of a condition when granting
registration of plant design
|
Applicant
|
|
|
Registration of Plant
|
|
20
|
269 — Refusal to register item of plant
|
Applicant
The person with management or
control of the item of plant
|
|
21
|
270 — Refusal to register item of plant
|
Applicant
The person with management or
control of the item of plant
|
|
22
|
271 — Imposition of a condition when granting
registration of item of plant
|
Applicant
The person with management or
control of the item of plant
|
|
23
|
271 — Imposition of a condition when renewing
registration of item of plant
|
Registration holder
The person with management or
control of the item of plant
|
|
24
|
279—Refusal to renew registration of item of plant
|
Registration holder
The person with management or
control of the item of plant
|
|
25
|
283 — Amendment of registration, on regulator’s
initiative
|
Registration holder
The person with management or
control of the item of plant
|
|
26
|
284 — Refusal to amend registration on application
(or a decision to make a different amendment)
|
Registration holder
The person with management or
control of the item of plant
|
|
27
|
288 — Refusal to issue replacement registration
document
|
Registration holder
The person with management or
control of the item of plant
|
|
|
General Construction
Induction Training
|
|
28
|
322 — Refusal to issue general construction induction
training card
|
Applicant
|
|
29
|
322 — Refusl to issue replacement general
construction induction training card
|
Card holder
|
|
30
|
323 — Cancellation of general construction induction
training card
|
Card holder
|
|
|
Hazardous chemicals and
lead
|
|
31
|
384 — Refusal to grant authorisation to use, handle
or store a prohibited or restricted carcinogen
|
Applicant
|
|
32
|
386—Cancellation of authorisation to use, handle or store
a prohibited or restricted carcinogen
|
Authorisation holder
|
|
33
|
393 — Deciding a process to be a lead process
|
A person conducting a business
or undertaking that carries out the lead process
A worker whose interests are
affected by the decision
|
|
34
|
407 — Determining a different frequency for
biological monitoring of workers at a workplace, or a class of workers,
carrying out lead risk work
|
A person conducting a business
or undertaking that carries out the lead process
A worker whose interests are
affected by the decision
|
|
|
Asbestos removal licences
and asbestos assessor licences
|
|
35
|
497 — Refusal to grant licence
|
Applicant
|
|
36
|
501 — Refusal to grant licence
|
Applicant
|
|
37
|
502 — Imposition of a condition when granting licence
|
Applicant
|
|
38
|
502 — Imposition of a condition when renewing licence
|
Applicant
|
|
39
|
508 — Amendment of licence, on regulator’s initiative
|
Licence holder
|
|
40
|
509 — Refusal to amend licence on application (or a
decision to make a different amendment)
|
Licence holder
|
|
41
|
513 — Refusal to issue replacement licence document
|
Applicant
|
|
42
|
517 — Refusal to renew licence
|
Applicant
|
|
43
|
520 — Suspension of licence
|
Licence holder
|
|
44
|
520 — Cancellation of licence
|
Licence holder
|
|
45
|
520 — Disqualification of licence holder from
applying for another licence
|
Licence holder
|
|
|
Major hazard facilities
|
|
|
Determination of facility to be major hazard facility
|
|
46
|
541 — Determination of facility to be a major hazard
facility, on making inquiry
|
Operator of facility
|
|
47
|
541—Decision not to determine proposed facility to be a
major hazard facility Operator of facility
|
Operator of facility
|
|
48
|
542 — Determination of major hazard facility
|
Operator of facility
|
|
49
|
543 — Determination of suitability of operator
|
Operator of facility
|
|
50
|
544 — Imposition of a condition on a determination of
a major hazard facility
|
Operator of facility
|
|
|
Licensing of major hazard facility
|
51
|
580 — Refusal to grant licence
|
Operator of facility
|
|
52
|
584 — Imposition of a condition when granting licence
|
Operator of facility
|
|
53
|
584 — Imposition of a condition when renewing licence
|
Operator of facility
|
|
54
|
589 — Amendment of licence, on regulator’s initiative
|
Operator of facility
|
|
55
|
590 — Refusal to amend licence, on application (or a
decision to make a different amendment)
|
Operator of facility
|
|
56
|
594 — Refusal to issue replacement licence document
|
Operator of facility
|
|
57
|
598 — Refusal to renew licence
|
Operator of facility
|
|
58
|
600 — Refusal to transfer licence, on application
|
Operator of facility
Proposed operator of facility
|
|
59
|
601 — Refusal to cancel licence, on application
|
Operator of facility
|
|
60
|
602 — Suspension of licence
|
Operator of facility
|
|
61
|
602 — Cancellation of licence
|
Operator of facility
|
|
62
|
602 — Disqualification of licence holder from
applying for another licence
|
Operator of facility
|
|
|
Exemptions
|
|
63
|
684 — Refusal to exempt person (or a class of
persons) from compliance with any of these Regulations
|
Applicant
|
|
64
|
686 — Refusal to exempt person from requirement to
hold a high risk work licence
|
Applicant
|
|
65
|
688 — Refusal to exempt operator of major hazard
facility from compliance with any of these Regulations, on application
|
Operator of facility
|
|
66
|
691 — Imposing condition on an exemption granted on
application under Part 11.2
|
Applicant
|
|
67
|
696 — Refusal to grant exemption
|
Applicant
|
|
68
|
697 — Amendment of an
exemption granted on application under Part 11.2
|
Applicant
|
|
69
|
697 — Cancellation of an
exemption granted on application under Part 11.2
|
Applicant
|
(2) Unless the contrary intention appears, a reference in
this Part to a decision includes a reference to:
(a) making, suspending, revoking or refusing to make
an order, determination or decision; or
(b) giving, suspending, revoking or refusing to give
a direction, approval, consent or permission; or
(c) granting, issuing, amending, renewing, suspending,
cancelling, revoking or refusing to grant, issue, amend or renew an
authorisation; or
(d) imposing or varying a condition; or
(e) making a declaration, demand or requirement;
or
(f) retaining, or refusing to deliver up, a
thing; or
(g) doing or refusing to do any other act or thing;
or
(h) being taken to refuse or do any act or thing.
Division 2 Internal review
677 Application
This Division does not apply to a reviewable decision
made under:
(a) Chapter 9; or
(b) Part 11.2.
678 Application
for internal review
(1) Subject to subregulation (2), an eligible person in
relation to a reviewable decision may apply to the regulator for review (an internal review)
of the decision within:
(a) 28 days after the day on which the decision first
came to the eligible person’s notice; or
(b) any longer time the regulator allows.
(2) An eligible person in relation to a reviewable decision
under subregulation 89 (5), 118 (5), 256 (5), 269 (5) or
497 (5) may apply to the regulator for review (an internal review)
of the decision within:
(a) 28 days after the day on which the 120 day period
referred to in that provision; or
(b) any longer time the regulator allows.
(3) The application must be made in the manner and form
required by the regulator.
679 Internal
reviewer
(1) The regulator may appoint a person or body to review
decisions on applications under this Division.
(2) The person who made the reviewable decision cannot
be an internal reviewer in relation to that decision.
680 Decision
of internal reviewer
(1) The internal reviewer must review the reviewable decision
and make a decision as soon as practicable and within 14 days after the application
for internal review, or the additional information requested under
subregulation (3), is received.
(2) The decision may be:
(a) to confirm or vary the reviewable decision; or
(b) to set aside the reviewable decision and substitute
another decision that the internal reviewer considers appropriate.
(3) The internal reviewer may ask the applicant to provide
additional information in support of the application for review.
(4) The applicant must provide the additional information
within the time (being not less than 7 days) specified by the internal reviewer
in the request for information.
(5) If the applicant does not provide the additional information
within the required time, the reviewable decision is taken to have been confirmed
by the internal reviewer at the end of that time.
(6) If the reviewable decision is not varied or set
aside within the 14 day period referred to in subregulation (1), the reviewable
decision is taken to have been confirmed by the internal reviewer.
681 Decision
on internal review
Within 14 days of making the decision on the internal
review, the internal reviewer must give the applicant written notice of:
(a) the decision on the internal review; and
(b) the reasons for the decision.
682 Internal
review — reviewable decision continues
Subject to any provision to the contrary in
relation to a particular decision, an application for an internal review does
not affect the operation of the reviewable decision or prevent the taking of
any lawful action to implement or enforce the decision.
Division 3 External review
683 Application
for external review
(1) An eligible person may apply to the Administrative
Appeals Tribunal for review (an external review) of:
(a) a reviewable decision made by the regulator
under:
(i) Chapter 9; or
(ii) Part 11.2; or
(b) a decision made, or taken to have been made, on
an internal review.
(2) The application must be made within:
(a) 28 days after the day on which the decision first
came to the eligible person’s notice; or
(b) any longer time the Administrative Appeals
Tribunal allows.
Part 11.2 Exemptions
Division 1 General
684 General
power to grant exemptions
(1) The regulator may exempt a person or class of persons
from compliance with any of these Regulations.
Note See subregulations 692 (2) and
(3).
(2) The exemption may be granted on the regulator’s own
initiative or on the written application of one or more persons.
(3) This regulation is subject to the limitations set
out in this Part.
(4) This regulation does not apply to an exemption from:
(a) a provision requiring a person to hold a
high risk work licence; or
(b) a provision of Chapter 9 relating to a major hazard
facility or proposed major hazard facility.
Note A decision to refuse to grant an
exemption is a reviewable decision (see regulation 676).
685 Matters
to be considered in granting exemptions
In deciding whether or not to grant an exemption under
regulation 684 the regulator must have regard to all relevant matters,
including the following:
(a) whether the granting of the exemption will result
in a standard of health and safety at the relevant workplace, or in relation to
the relevant undertaking, that is at least equivalent to the standard that
would be achieved by compliance with the relevant provision or provisions;
(b) whether the requirements of paragraph (a) will
be met if the regulator imposes certain conditions in granting the exemption
and those conditions are complied with;
(c) whether exceptional circumstances justify the
grant of the exemption;
(d) if the proposed exemption relates to a particular
thing — whether the regulator is satisfied that the risk associated with
the thing is not significant if the exemption is granted;
(e) whether the applicant has carried out consultation
in relation to the proposed exemption in accordance with Divisions 1 and 2 of
Part 5 of the Act.
Division 2 High risk work licences
686 High
risk work licence — exemption
(1) The regulator may exempt a person or class of persons
from compliance with a provision of these Regulations requiring the person or
class of persons to hold a high risk work licence.
Note See subregulations 692 (2) and
(3).
(2) The exemption may be granted on the written application
of any person concerned.
Note A decision to refuse to grant an
exemption is a reviewable decision (see regulation 676).
687 High
risk work licence — regulator to be satisfied about certain matters
(1) The regulator must not grant an exemption under regulation
686 unless satisfied that granting the exemption will result in a standard of
health and safety that is at least equivalent to the standard that would have
been achieved without that exemption.
(2) For subregulation (1), the regulator must have
regard to all relevant matters, including whether or not:
(a) the obtaining of the high risk work licence would
be impractical; and
(b) the competencies of the person to be exempted
exceed those required for a high risk work licence; and
(c) any plant used by the person can be modified
in a way that reduces the risk associated with using that plant.
Division 3 Major hazard facilities
688 Major
hazard facility — exemption
(1) The regulator may exempt the operator of a major hazard
facility or proposed major hazard facility from compliance with any provision
of these Regulations relating to that facility.
Note See subregulations 692 (2) and
(3).
(2) The exemption may be granted on the written application
of the operator of the major hazard facility or proposed major hazard facility.
Note A decision to refuse to grant an
exemption is a reviewable decision (see regulation 676).
689 Major
hazard facility — regulator to be satisfied about certain matters
(1) The regulator must not grant an exemption under regulation
688 unless satisfied that:
(a) one or more Schedule 15 chemicals are
present or likely to be present at the facility; and
(b) the quantity of the Schedule 15 chemicals exceeds
the threshold quantity of the Schedule 15 chemicals periodically because they
are solely the subject of intermediate temporary storage; and
(c) the Schedule 15 chemicals are in one or more
containers with the capacity of each container being not more than a total of 500
kilograms; and
(d) granting the exemption will result in a standard
of health and safety in relation to the operation of the facility that is at
least equivalent to the standard that would be achieved by compliance with the
relevant provision or provisions.
(2) For paragraph (1) (c), the regulator must have
regard to all relevant matters, including whether or not:
(a) the applicant is complying with the Act and these
Regulations; and
(b) the applicant has processes and procedures in
place which will keep the quantity of the Schedule 15 chemical or chemicals
present or likely to be present at or below the threshold quantity for the
Schedule 15 chemical or chemicals as often as practicable; and
(c) the applicant has implemented adequate control
measures to minimise the risk of a major incident occurring.
Division 4 Exemption process
690 Application
for exemption
An application for an exemption must be made in the
manner and form required by the regulator.
Note 1 The
application must be in writing (see subregulation 684 (2)).
Note 2 The regulator may grant an
exemption on its own initiative (see subregulation 684 (2)).
Note 3 See section 268 of the Act
for offences relating to the giving of false or misleading information under
the Act or these Regulations.
691 Conditions
of exemption
(1) The regulator may impose any conditions it considers
appropriate on an exemption granted under this Part.
(2) Without limiting subregulation (1), conditions may
require the applicant to do one or more of the following:
(a) monitor risks;
(b) monitor the health of persons at the workplace
who may be affected by the exemption;
(c) keep certain records;
(d) use a stated system of work;
(e) report certain matters to the regulator;
(f) give notice of the exemption to persons who may
be affected by the exemption.
Note A decision to impose a condition is
a reviewable decision (see regulation 676).
692 Form
of exemption document
(1) The regulator must prepare an exemption document
that states the following:
(a) the name of the applicant for the exemption (if
any);
(b) the person or class of persons to whom the exemption
will apply;
(c) the work or thing to which the exemption relates,
if applicable;
(d) the circumstances in which the exemption will
apply;
(e) the provisions of these Regulations to which
the exemption applies;
(f) any conditions on the exemption;
(g) the date on which the exemption takes effect;
(h) the duration of the exemption.
(2) An exemption document that exempts a class of
persons is a legislative instrument.
(3) An exemption document that exempts one person is not
a legislative instrument.
693 Compliance
with conditions of exemption
A person to whom the exemption is granted must:
(a) comply with the conditions of the exemption;
and
(b) ensure that any person under the management
or control of that person complies with the conditions of the exemption.
694 Notice
of decision in relation to exemption
The regulator must give a copy of the exemption document
referred to in regulation 692, within 14 days after making the decision to
grant the exemption, to:
(a) if a person applied for the exemption —
the applicant; or
(b) if the regulator granted the exemption on its
own initiative — each person (other than persons to whom regulation 695
applies) to whom the exemption will apply.
696 Notice
of refusal of exemption
(1) If the regulator refuses to grant an exemption, the regulator
must give the applicant for the exemption written notice of the refusal within 14
days after making that decision.
(2) The notice must state the regulator’s reasons for the
refusal.
Note A refusal to grant an exemption is a
reviewable decision (see regulation 676).
697 Amendment
or cancellation of exemption
The regulator may at any time amend or cancel an exemption.
Note A decision to amend or cancel an
exemption is a reviewable decision (see regulation 676).
698 Notice
of amendment or cancellation
(1) The regulator must give written notice of the amendment
or cancellation of an exemption, within 14 days after making the decision to
amend or cancel the exemption, to:
(a) if a person applied for the exemption —
the applicant; or
(b) if the regulator granted the exemption on its
own initiative — each person (other than persons to subregulation (2)
applies) to whom the exemption applies.
(2) A notice that affects a class of persons is a
legislative instrument.
Note The amendment or cancellation takes
effect in accordance with the Legislative Instruments Act 2003.
(3) An notice that affects one person is not a
legislative instrument.
(4) An amendment or cancellation that affects one person
takes effect on the giving of the notice to the applicant under subregulation
(1) or on a later date specified in the notice.
Part 11.3 Miscellaneous
699 Incident notification —
prescribed serious illnesses
For section 36 of the Act, each of the following
conditions is a serious illness:
(a) any infection to which the carrying out of work
is a significant contributing factor, including any infection that is reliably attributable
to carrying out work:
(i) that involves providing treatment
or care to a person; or
(ii) that involves contact with human
blood or body substances; or
(iii) that involves handling or contact
with animals, animal hides, skins, wool or hair, animal carcasses or animal
waste products;
(b) the following occupational zoonoses contracted
in the course of work involving handling or contact with animals, animal hides,
skins, wool or hair, animal carcasses or animal waste products:
(i) Q fever;
(ii) Anthrax;
(iii) Leptospirosis;
(iv) Brucellosis;
(v) Hendra Virus;
(vi) Avian Influenza;
(vii) Psittacosis.
700 Inspectors’
identity cards
For subsection 157 (1) of the Act, an identity
card given by the regulator to an inspector must include the following:
(a) a recent photograph of the inspector of the
size, and in the form, specified by the regulator;
(b) the inspector’s signature;
(c) the date (if any) on which the inspector’s appointment
ends;
(d) any conditions to which the inspector’s appointment
is subject, including the kinds of workplaces in relation to which the inspector
may exercise his or her compliance powers.
702 Confidentiality
of information — exception relating to administration or enforcement of
other laws
A corresponding WHS law is prescribed for subparagraph
271 (3) (c) (ii) of the Act.
Chapter 12 Transitional and saving provisions
Part 3 General risk and workplace management
Note Part 3 makes
transitional arrangements relating to Chapter 3 of these Regulations. The
numbering of these Divisions and Subdivisions matches the Parts and Divisions
of Chapter 3.
Division 3.1 Managing risks to health and safety
716 Lead
in time for managing risks
(1) A person conducting a business or undertaking at a workplace on 1 January 2012 must have
completed arrangements to manage risks to the health and safety of a worker
associated with remote or isolated work, in accordance with Part 3.1 of these Regulations,
by 1 January 2013.
(2) The person must provide a system of work that
includes effective communication with the worker by 1 January 2013.
Division 3.2 General workplace management
Subdivision 4 Emergency plans
717 Lead
in time for emergency plan
A person conducting a business or undertaking at a workplace on 1 January 2012 must prepare the
first emergency plan for the workplace under regulation 43 before 1 January 2013.
Part 4 Hazardous
work
Note Part 4 makes
transitional arrangements relating to Chapter 4 of these Regulations. The
numbering of these Divisions and Subdivisions matches the Parts and Divisions
of Chapter 4.
Division 4.1 Noise
718 Particular
provision for audiometric testing
(1) This regulation applies to a person who is:
(a) conducting a business or undertaking at a
workplace on 1 January 2012; and
(b) would be required
to provide audiometric testing as mentioned in subregulation 58 (2) for a
worker who is working at the workplace on 1 January 2012.
(2) Subregulation
58 (2) does not apply and this regulation applies instead.
(3) The
person must provide the first audiometric testing before 1 January 2013.
(4) The
person must provide further audiometric testing at least once in every period
of 2 years after the first audiometric testing is provided.
(5) A
contravention of subregulation (3) or (4) is taken to be a contravention of regulation
58.
719 Noise —
duties of designers
(1) The duties imposed on a designer of plant under
regulation 59 do not apply in relation to any plant if the designer started (or
started and completed) designing the plant before 1 January 2012.
(2) If a designer started designing plant before 1 January 2012 but has
not completed the design by 1 January
2014:
(a) the designer will, in relation to the plant,
cease to have the benefit of subregulation (1); and
(b) the designer must comply with the
requirements of regulation 59 in relation to the duties of a designer.
720 Noise —
duties of manufacturers
(1) The duties imposed on a manufacturer of plant under
regulation 59 do not apply in relation to any plant if the manufacturer started
(or started and completed) any process associated with the manufacture of the
plant before 1 January
2012.
(2) Despite the repeal of the OHS Regulations, the
duties imposed on a manufacturer under regulation 3.04 of the OHS Regulations
apply to and in relation to any plant if the manufacturer started (or started
and completed) any process associated with the manufacture of the plant before 1 January 2012.
(3) If a duty under the OHS Regulations applies because
of subregulation (2), the OHS Act and the OHS Regulations apply in relation
to a breach, or alleged breach, of that duty, despite the repeal of those
Regulations.
(4) If a manufacturer started any process associated
with the manufacture of any plant, substance or structure before 1 January 2012, but has
not completed the manufacture by 1 January
2013, then:
(a) the manufacturer will, in relation to the
plant, cease to have the benefit of subregulation (1); and
(b) the manufacturer must comply with the
requirements of regulation 59 in relation to the duties of a manufacturer.
721 Noise —
duties of importers
(1) The duties imposed on an importer under regulation
59 do not apply in relation to any plant if the importer started (or started
and completed) any steps constituting the importation of the plant before 1 January 2012.
(2) If an importer started any process associated with
the importing of any plant before 1 January
2012, but has not completed the importing by 1 January
2013, then:
(a) the importer will, in relation to the plant,
substance or structure, cease to have the benefit of subregulation (1);
and
(b) the importer must comply with the
requirements of regulation 59 in relation to the duties of an importer.
722 Noise —
duties of suppliers
(1) The duties imposed on a supplier under regulation 59
do not apply in relation to any plant if the supplier started (or started and
completed) any process associated with the supply of the plant before 1 January 2012.
(2) Despite the repeal of the OHS Regulations, the
duties imposed under regulation 3.05 of the OHS Regulations on a supplier apply
to and in relation to any plant if any process associated with the supply of
the plant was started (or started and completed) before 1 January 2012.
(3) If a duty under the OHS Regulations applies because
of subregulation (2), the OHS Regulations apply in relation to a breach,
or alleged breach, of that duty, despite the repeal of those Regulations.
(4) If a supplier started any process associated with
the supply of any plant before 1 January 2012, but has not completed the supply
by 1 January 2013, then:
(a) the supplier will, in relation to the plant,
substance or structure, cease to have the benefit of subregulation (1);
and
(b) the supplier must comply with the
requirements of regulation 59 in relation to the duties of a supplier.
Division 4.2 Hazardous manual tasks
723 Hazardous
manual tasks — duties of designers
(1) The duties imposed on a designer of plant under
regulation 61 do not apply in relation to any plant if the designer started (or
started and completed) designing the plant before 1 January 2012.
(2) If a designer started designing plant before 1 January
2012 but has not completed the design by 1 January 2014:
(a) the designer will, in relation to the plant,
cease to have the benefit of subregulation (1); and
(b) the designer must comply with the
requirements of regulation 61 in relation to the duties of a designer.
724 Hazardous
manual tasks — duties of manufacturers
(1) The duties imposed on a manufacturer of plant under
regulation 61 do not apply in relation to any plant if the manufacturer started
(or started and completed) any process associated with the manufacture of the
plant before 1 January 2012.
(2) If a manufacturer started any process associated
with the manufacture of any plant, substance or structure before 1 January
2012, but has not completed the manufacture by 1 January 2013, then:
(a) the manufacturer will, in relation to the
plant, cease to have the benefit of subregulation (1); and
(b) the manufacturer must comply with the
requirements of regulation 61 in relation to the duties of a manufacturer.
725 Hazardous
manual tasks — duties of importers
The duties imposed on an importer under regulation
61 do not apply until 1 January 2013.
726 Hazardous
manual tasks — duties of suppliers
The duties imposed on a supplier of plant under
regulation 61 do not apply until 1 January 2013.
Division 4.5 High risk work
727 Licence
to carry out high risk work
(1) The duties imposed on a person under regulation 81
do not apply until 1 July 2014 if:
(a) the person is a member of the Defence Force;
or
(b) a corresponding regulator has exempted the
person from the duty to hold a licence under regulation 81 of these Regulations
as applying in the corresponding jurisdiction; or
(c) the person is otherwise exempted from the
duty to hold a licence under another law of a corresponding jurisdiction.
(2) Item 23 of Schedule 3 and item 23 of Schedule 4 do
not apply until 1 January 2013.
Division 4.6 Demolition work
728 Notice
of demolition work
The duties imposed on a person under regulation 142
do not apply until 1 January 2013.
Division 4.8 Diving work
729 Duties
The duties imposed on a person under Part 4.8 do
not apply until 1 January 2013.
Part 5 Plant
and structures
Note Part 5 makes
transitional arrangements relating to Chapter 5 of these Regulations. The
numbering of these Divisions and Subdivisions matches the Parts and Divisions
of Chapter 5.
Division 5.1 General duties for plant and structures
Subdivision 2 Duties of
persons conducting businesses or undertakings that design plant
730 Hazard
identified in design during manufacture
The duties imposed on a designer of plant under
regulation 188 do not apply in relation to any plant unless the manufacturer of
the plant advises the designer of the plant, on or after 1 January 2012, that
there is a hazard in the design of the plant.
731 Other
duties
(1) The duties imposed on a designer of plant under
regulations 189 to 192 do not apply in relation to any plant if the designer
started (or started and completed) designing the plant before 1 January
2012.
(2) If a designer started designing plant before 1
January 2012 but has not completed the design by 1 January 2014:
(a) the designer will, in relation to the plant,
cease to have the benefit of subregulation (1); and
(b) the designer must comply with the
requirements of regulations 189 to 192 in relation to the duties of a designer.
Subdivision 3 Duties of
persons conducting businesses or undertakings that manufacture plant
732 Control
of risk
The duties imposed on a manufacturer of plant under
regulation 193 apply only in relation to any process associated with the
manufacture of the plant that is undertaken on or after 1 January 2012.
733 Other
duties
(1) The duties imposed on a manufacturer of plant under
regulations 194 and 195 do not apply in relation to any plant if the
manufacturer started (or started and completed) any process associated with the
manufacture of the plant before 1 January 2012.
(2) If a manufacturer started any process associated with
the manufacture of any plant, substance or structure before 1 January
2012, but has not completed the manufacture by 1 January 2013, then:
(a) the manufacturer will, in relation to the
plant, cease to have the benefit of subregulation (1); and
(b) the manufacturer must comply with the
requirements of regulations 194 and 195 in relation to the duties of a
manufacturer.
Subdivision 4 Duties of
persons conducting businesses or undertakings that import plant
734 Duties
(1) The duties imposed on an importer under regulations 196
and 197 do not apply in relation to any plant if the importer started (or
started and completed) any steps constituting the importation of the plant
before 1 January 2012.
(2) If an importer started any process associated with
the importing of any plant before 1 January 2012, but has not completed the
importing by 1 January 2013, then:
(a) the importer will, in relation to the plant,
substance or structure, cease to have the benefit of subregulation (1);
and
(b) the importer must comply with the
requirements of regulations 196 and 197 in relation to the duties of an
importer.
Subdivision 5 Duties of
persons conducting businesses or undertakings that supply plant
735 Duties
(1) The duties imposed on a supplier under regulations 198
to 200 do not apply in relation to any plant if the supplier started (or
started and completed) any process associated with the supply of the plant
before 1 January 2012.
(2) If a supplier started any process associated with
the supply of any plant before 1 January 2012, but has not completed the supply
by 1 January 2013, then:
(a) the supplier will, in relation to the plant,
substance or structure, cease to have the benefit of subregulation (1);
and
(b) the supplier must comply with the
requirements of regulations 198 to 200 in relation to the duties of a supplier.
Subdivision 6 Duties of
persons conducting businesses or undertakings that install, construct or
commission plant or structures
736 Duties
The duties imposed on a person who conducts a business
or undertaking that installs, constructs or commissions plant that is to be
used, or could reasonably be expected to be used, as, or at, a workplace under
regulations 201 and 202 do not apply in relation to any plant or structure if
the person started (or started and completed) any process associated with the
installation, construction or commissioning of the plant or structure before 1 January
2012.
737 Plant
used in connection with tree lopping — lead in time for application of
regulation 221
Regulation 221 does not apply until a code of
practice for the use of plant in connection with tree lopping that has been
approved under section 274 of the Act takes effect.
Division 5.2 Additional duties relating to registered plant and plant
designs
Subdivision 2 Duties of
persons conducting businesses or undertakings who design plant
738 Duties
(1) The duties imposed on a designer of plant under
regulations 228 and 229 do not apply in relation to any plant if the designer
started (or started and completed) designing the plant before 1 January
2012.
(2) If a designer started designing plant before 1
January 2012 but has not completed the design by 1 January 2014:
(a) the designer will, in relation to the plant,
cease to have the benefit of subregulation (1); and
(b) the designer must comply with the
requirements of regulations 228 and 229 in relation to the duties of a
designer.
Division 5.3 Registration of plant designs and items of plant
739 Registration
of design of concrete placement units and prefabricated formwork
(1) Despite Part 5.3, the design of the following items
of plant is not required to be
registered if the designer started (or started and completed) designing
the item before 1 January 2012:
(a) concrete placement units with delivery
booms;
(b) prefabricated
formwork.
(2) If a designer started designing an item mentioned
in subregulation (1) before 1 January 2012 but has not completed the design by
1 January 2014:
(a) the designer will, in relation to the item,
cease to have the benefit of subregulation (1); and
(b) the designer must comply with the
requirements of Part 5.3 in relation to the duties of a designer.
740 Registration
of design of lifts
The duties imposed on a person under Part 5.3 do
not apply in relation to lifts (including
escalators and moving walkways) until 1 January 2013.
741 Existing
registrations of plant and plant designs
(1) This regulation applies to an item of plant or the
design of an item of plant if:
(a) before 1 January 2012, the item of plant or
design of the item of plant was registered under Division 8 of the OHS
Regulations; and
(b) immediately before the commencement, the
registration is in force; and
(c) on 1 January 2012, the item of plant or
design of the item of plant is required to be registered under Part 5.3.
(2) On 1 January 2012:
(a) for the item of plant:
(i) the item of plant is taken to be
registered by the regulator as an item of plant under Part 5.3; and
(ii) the registration is valid until the
date on which it is expressed to expire unless the regulator revokes it earlier;
and
(iii) any conditions applying to the
registration of the item of plant immediately before the commencement continue
to apply; and
(iv) the registration may be varied or
revoked by the regulator; or
(b) for the design of the item of plant:
(i) the design of the item of plant is
taken to be registered by the regulator as the design of an item of plant under
Part 5.3; and
(ii) any conditions applying to the
registration of the design of the item of plant immediately before the
commencement continue to apply; and
(iii) the registration may be varied or
revoked by the regulator.
(3) A written notice issued by the Commission under
Division 8 of the OHS Regulations stating that the Commission has registered
the design of an item of plant
is taken to be a registration document issued by the regulator under
regulation 261 for the design of the item of plant.
(4) A written notice issued by the Commission under
Division 8 of the OHS Regulations stating that the Commission has registered an
item of plant is taken to be a
registration document issued by the regulator under regulation 274 for the item
of plant.
(5) A registration number issued by the Commission under Division 8 of the OHS
Regulations for an item of plant
is taken to be the plant registration number under regulation 273 for the item
of plant.
(6) The
design registration number issued by the Commission under Division 8 of the OHS Regulations for the design of an item of plant
is taken to be the plant design registration number under regulation 260 for
the design of the item of plant.
742 Pending
applications for registration of plant and plant designs
(1) This regulation applies if:
(a) before 1 January 2012, an application was made under Division 8 of the OHS
Regulations to register the design of an item of plant or an item of plant; and
(b) immediately
1 January 2012, the application had not been decided; and
(c) on:
(i) 1 January 2012; or
(ii) a later date required by this
Part;
(the
registration day), the design of the item of plant or the item of
plant is required to be registered under Part 5.3.
Note For some items of plant, this Part
provides that the registration of the design or the item is not required until
a day later than 1 January 2012.
(2) On the registration day:
(a) the application is taken to be an
application made to the regulator under Part 5.3 for the registration of the
design or the item; and
(b) the application is to be dealt with in
accordance with Part 5.3.
743 Registration
of plant and plant design by Defence Force
(1) If a licence granted to the Australian Defence
Organisation by the Commission under regulation 4.58 of the OHS Regulations was
in force immediately before 1 January 2012, the licence:
(a) is taken to continue in force despite the
repeal of the OHS Regulations; and
(b) is taken to be subject to the same conditions
(if any) to which it was subject immediately before 1 January 2012; and
(c) may be varied or revoked by the regulator.
(2) The duties imposed under Part 5.3 do not apply to the
Australian Defence Organisation if the licence mentioned in subregulation (1)
is in force.
(3) In this regulation, the Australian Defence
Organisation comprises the Department of Defence and the Australian
Defence Force.
Part 6 Construction
work
Note Part 6 makes
transitional arrangements relating to Chapter 6 of these Regulations. The
numbering of these Divisions and Subdivisions matches the Parts and Divisions
of Chapter 6.
Division 6.2 Duties of designer of structure and person who commissions
construction Work
744 Duties
The duties imposed on a person under regulations
294 to 296 do not apply until 1 January 2013.
Division 6.3 Duties of person conducting business or undertaking
Subdivision 1 General
745 Security
of workplace
The duties imposed on a person under regulation 298
do not apply until 1 January 2013.
Subdivision 3 Excavation work
746 Additional
controls — trenches
The duties imposed on a person under regulation 306
do not apply until 1 January 2013.
Division 6.4 Additional duties of principal contractor
747 Specific
control measure — signage identifying principal contractor
The duties imposed on a person under regulation 308
do not apply until 1 January 2013.
748 Duties —
WHS management plans
(1) If a construction project started before 1 January
2012, the duties imposed on a person under regulations 309 to 314 do not apply
in relation to the project until 1 January 2013.
(2) Despite the repeal of the OHS Regulations, the
duties imposed under Divisions 12.4 and 12.5 of the OHS Regulations on a person
apply to and in relation to the construction project until 1 January 2013.
(3) If a duty under the OHS Regulations applies because
of subregulation (2), the OHS Act and the OHS Regulations apply in relation
to a breach, or alleged breach, of that duty, despite the repeal of those
Regulations.
Division 6.5 General construction induction training
749 Duties
The duties imposed on a person under subregulation
317 (2) and regulation 326 do not apply until 1 January 2013.
Part 7 Hazardous
chemicals
Note Part 7 makes
transitional arrangements relating to Chapter 7 of these Regulations. The
numbering of these Divisions and Subdivisions matches the Parts and Divisions
of Chapter 7.
Division 7.1 Hazardous chemicals
Subdivision 2 Obligations
relating to safety data sheets and other matters
750 Labelling
hazardous chemicals — pipe work
The duties imposed on a person under regulation 343
do not apply until 1 January 2013.
Subdivision 8 Prohibition,
authorisation and restricted use
751 Authorisation
to use, handle or store prohibited carcinogens and restricted carcinogens
A duty on a person under Division 8 of Part 7.1 to
be authorised by the regulator to use, handle or store a prohibited or
restricted carcinogen does not apply until 1 January 2013.
Division 7.2 Lead
Subdivision 3 Lead risk work
752 Notification
of lead risk work
The duties imposed on a person under regulation 403
do not apply until 1 January 2013.
Part 8 Asbestos
Note Part 8 makes
transitional arrangements relating to Chapter 8 of these Regulations. The
numbering of these Divisions and Subdivisions matches the Parts and Divisions
of Chapter 8.
Division 8.3 Management of asbestos and associated risks
753 Duties
The duties imposed on a person under regulations
425 to 430 do not apply until 1 January 2013.
Division 8.4 Management of naturally occurring asbestos
754 Duties
(1) The duties imposed on a person under regulations 431
to 433 do not apply until 1 January 2013.
(2) The duties imposed on a person under regulation 434
do not apply until 1 July 2012.
Division 8.5 Asbestos at the workplace
Subdivision 2 Training
755 Duties
The duties imposed on a person under regulation 445
do not apply until 1 July 2012.
Part 9 Major
hazard facilities
Note Part 9 makes
transitional arrangements relating to Chapter 9 of these Regulations. The
numbering of these Divisions and Subdivisions matches the Parts and Divisions
of Chapter 9.
Division 9.7 Licensing of major hazard facilities
756 Existing
major hazard facility
(1) This regulation applies to a facility that,
immediately before 1 January 2012, was a major hazard facility under
Division 9.2 of the OHS Regulations.
(2) On 1 January 2012, the facility is taken to be a
determined major hazard
facility under these Regulations.
(3) However, subregulation (4) applies if, Schedule 15 chemicals are not present
or likely to be present at the facility in a quantity that exceeds 10% of their
threshold quantity.
(4) The
facility is taken not to be a determined major hazard facility under these
Regulations.
(5) The duties imposed on the operator of the facility
under Part 9.7 to make an application for a major hazard facility licence for
the facility do not apply until the later of:
(a) 2 years after the facility was classified as
a major hazard facility under Division 9.2 of the OHS Regulations; and
(b) 1 January 2012.
757 Existing
licensed major hazard facility
(1) This regulation applies to a facility that,
immediately before 1 January 2012, was licensed under regulation 9.20 of
the OHS Regulations.
(2) A licence under Part 9.7 is taken to be granted for
the facility on the application of the operator of the major hazard facility
and the facility is a licensed major hazard facility under these Regulations.
(3) The licence is taken to be subject to the conditions
to which the licence was subject immediately before 1 January 2012.
(4) The regulator may:
(a) vary or delete a condition; or
(b) impose a new condition.
758 Existing
notification of facility awaiting decision
(1) This regulation
applies to a facility if, immediately:
(a) a notification was given to the Commission
about the facility under the OHS Regulations before 1 January 2012; but
(b) the Commission had not decided by 1 January
2012 whether to classify the facility as a major hazard facility.
(2) On 1 January 2012, the notice is taken to have been
given to the regulator under
regulation 536.
(3) If
the notification did not include information mentioned in regulation 538, the operator
must give the information to the regulator within 3 months.
Part 12 Other
transitional matters
Division 1 Globally Harmonised System of Classification and Labelling of
Chemicals
759 Introductory
period for GHS
(1) This regulation applies until the end of 31 December
2016.
(2) This section applies for a provision of these
Regulations that makes
provision for a matter by reference to compliance with the GHS.
(3) Despite the reference to
the GHS, a person is taken to comply with
the provision to the extent it requires compliance with the GHS if the person
complies with a transitional standard mentioned in the table, as in force when
the person complies with the standard.
|
Item
|
Standard
|
|
1
|
The ADG Code
|
|
2
|
Approved Criteria for Classifying Hazardous Substances
[NOHSC: 1008 (2004)]
|
|
3
|
National Code of Practice for the Labelling of Workplace
Hazardous Substances [NOHSC: 2012 (1994)]
|
|
4
|
Code of Practice for Labelling Agricultural Chemical
Products, made under the Agricultural and Veterinary Chemicals Act 1994
|
|
5
|
Code of Practice for Labelling Veterinary Chemical
Products, made under the Agricultural and Veterinary Chemicals Act 1994
|
Division 2 Obligation to train health and safety representatives —
approved courses of training
760 Courses
accredited before 1 January 2012
(1) If:
(a) a course of training in work health and
safety was accredited by the Commission for section 27 of the OHS Act; and
(b) the accreditation was in force immediately
before 1 January 2012;
the course is taken to have been approved by the regulator under
paragraph 72 (1) (a) of the Act.
(2) The approval:
(a) is taken to be subject to the same
conditions (if any) to which it was subject immediately before 1 January 2012;
and
(b) may be varied or revoked by the regulator.
(3) The approval is taken to be in force until 1 January
2013 unless the regulator revokes it earlier.
Division 3 Codes of practice
761 Preserved
codes of practice
For subitem 23 (1) of Schedule 2 to the Work
Health and Safety (Transitional and Consequential Provisions) Act 2011,
each of the following Parts of the Occupational Health and Safety Code of
Practice 2008, as in force immediately before 1 January 2012, is a
preserved code of practice:
(a) Part 2 (First Aid);
(b) Part 5 (Vibration);
(c) Part 16 (Timber Preservatives);
(d) Part 20 (Occupational Diving);
(e) Part 21 (Spray Painting);
(f) Part 22 (Abrasive Blasting);
(g) Part 23 (Construction Induction Training);
(h) Part 24 (Falls in construction);
(i) Part 25 (Cash in Transit).