Work Health and Safety Act 2020

Work Health and Safety (General) Regulations 2022

 

Work Health and Safety (General) Regulations 2022

Contents

Chapter 1 — Preliminary

Part 1.1 — Introductory matters

1.Citation1

2.Commencement1

3.Not used1

4.Not used1

5.Terms used2

6.Determination of safety management system39

6A.Corresponding WHS laws prescribed40

7.Meaning of person conducting a business or undertaking: persons excluded40

8.Meaning of supply41

9.Provisions linked to health and safety duties in Act41

Part 1.2 — Application

10.Non‑application of regulations to mines and petroleum and geothermal energy operations42

11.Application of regulations42

12.Assessment of risk in relation to a class of hazards, tasks, circumstances or things42

Part 1.3 — Incorporated documents

13.Documents incorporated as in force when incorporated43

14.Inconsistencies between provisions43

15.References to standards43

Chapter 2 — Representation and participation

Part 2.1 — Representation

Division 1 — Work groups

16.Negotiations for and determination of work groups44

17.Matters to be taken into account in negotiations44

Division 2 — Health and safety representatives

18.Procedures for election of health and safety representatives45

19.Person conducting business or undertaking must not delay election46

20.Removal of health and safety representatives46

20A.Notice of entry for person assisting health and safety representative47

21.Training for health and safety representatives48

Part 2.2 — Issue resolution

22.Agreed procedure: minimum requirements49

23.Default procedure49

Part 2.3 — Cessation of unsafe work

24.Continuity of engagement of worker51

Part 2.4 — Not used

25.Not used51

26.Not used51

27.Not used51

28.Not used51

29.Not used51

30.Not used51

31.Not used51

Chapter 3 — General risk and workplace management

Part 3.1 — Managing risks to health and safety

32.Application of Part52

33.Specific requirements must be complied with52

34.Duty to identify hazards52

35.Managing risks to health and safety52

36.Hierarchy of control measures53

37.Maintenance of control measures53

38.Review of control measures54

Part 3.2 — General workplace management

Division 1 — Information, training and instruction

39.Provision of information, training and instruction55

Division 2 — General working environment

40.Duty in relation to general workplace facilities56

41.Duty to provide and maintain adequate and accessible facilities57

41A.Duty to protect from extremes of heat and cold58

41B.Duty to provide adequate seating58

Division 3 — First aid

42.Duty to provide first aid59

Division 4 — Emergency plans

43.Duty to prepare, maintain and implement emergency plan60

Division 5 — Personal protective equipment

44.Provision to workers and use of personal protective equipment62

45.Personal protective equipment used by other persons63

46.Duties of worker64

47.Duty of person other than worker65

Division 6 — Remote or isolated work

48.Remote or isolated work65

Division 7 — Managing risks from airborne contaminants

49.Ensuring exposure standards for substances and mixtures not exceeded66

50.Monitoring airborne contaminant levels66

Division 7A — Protection from tobacco smoke

50A.Terms used67

50B.Meaning of enclosed workplace68

50C.Assessment of notional vertical surface area69

50D.Persons not to smoke in enclosed workplace69

50E.Defence to r. 50D: smoking in private vehicle or residence70

50F.Defence to r. 50D: smoking by actor in a performance70

50G.Certain persons to give notice of smoking restrictions70

50H.Inspectors may require certain persons to extinguish tobacco products71

50I.Exposure to secondhand smoke71

Division 8 — Hazardous atmospheres

51.Managing risks to health and safety71

52.Ignition sources72

Division 9 — Storage of flammable or combustible substances

53.Flammable and combustible material not to be accumulated72

Division 10 — Falling objects

54.Management of risk of falling objects73

55.Minimising risk associated with falling objects73

Division 11 — Directed medical examinations

55A.Meaning of medical examination notice74

55B.Regulator may direct medical examination of workers74

55C.Worker to choose registered medical practitioner75

55D.Person conducting business or undertaking must comply with medical examination notice75

55E.Duties of registered medical practitioner conducting examination75

55F.Regulator must inform person conducting business or undertaking76

55G.Person conducting business or undertaking must ensure confidentiality of medical examination results77

Chapter 4 — Hazardous work

Part 4.1 — Noise

56.Meaning of exposure standard for noise78

57.Managing risk of hearing loss from noise78

59.Duties of designers, manufacturers, importers and suppliers of plant79

Part 4.2 — Hazardous manual tasks

60.Managing risks to health and safety81

61.Duties of designers, manufacturers, importers and suppliers of plant or structures82

Part 4.3 — Confined spaces

Division 1 — Preliminary

62.Confined spaces to which Part applies84

63.Application to emergency service workers84

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

64.Duty to eliminate or minimise risk84

Division 3 — Duties of person conducting business or undertaking

65.Entry into confined space must comply with Division85

66.Managing risks to health and safety86

67.Confined space entry permit87

68.Signage88

69.Communication and safety monitoring89

70.Specific control: connected plant and services89

71.Specific control: atmosphere90

72.Specific control: flammable gases and vapours91

73.Specific control: fire and explosion92

74.Emergency procedures92

75.Personal protective equipment in emergencies93

76.Information, training and instruction for workers94

77.Confined space entry permit and risk assessment must be kept95

Part 4.4 — Falls

78.Management of risk of fall97

79.Specific requirements to minimise risk of fall98

79A.Duties of certain persons as to holes or openings in floors100

80.Emergency and rescue procedures102

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 work103

82.Exceptions103

83.Recognition of high risk work licences in other jurisdictions105

84.Duty of person conducting business or undertaking to ensure direct supervision105

85.Evidence of licence: duty of person conducting business or undertaking106

Subdivision 2 — Licensing process

86.Who may apply for a licence108

87.Application for high risk work licence108

88.Additional information109

89.Decision on application110

90.Matters to be taken into account111

91.Refusal to grant high risk work licence: process112

91A.Conditions of licence113

92.Duration of licence113

93.Licence document113

94.Licence document to be available114

95.Reassessment of competency of licence holder115

Subdivision 3 — Amendment of licence document

96.Notice of change of address115

97.Licence holder to return licence115

98.Replacement licence document116

99.Voluntary surrender of licence117

Subdivision 4 — Renewal of high risk work licence

100.Regulator may renew licence117

101.Application for renewal117

102.Licence continues in force until application is decided118

103.Renewal of expired licence118

104.Provisions relating to renewal of licence118

105.Status of licence during review119

Subdivision 5 — Suspension and cancellation of high risk work licence

106.Suspension or cancellation of licence120

107.Matters taken into account121

108.Notice to and submissions by licence holder122

109.Notice of decision122

110.Immediate suspension124

111.Licence holder to return licence document125

112.Regulator to return licence document after suspension125

Division 2 — Accreditation of assessors

Subdivision 1 — Requirement to be accredited

113.Accreditation required to assess competency for high risk work licence125

114.Accredited assessor must act in accordance with accreditation125

Subdivision 2 — Accreditation process

115.Regulator may accredit assessors126

116.Application for accreditation126

117.Additional information128

118.Decision on application128

119.Matters to be taken into account130

120.Refusal to grant accreditation: process131

121.Conditions of accreditation131

122.Duration of accreditation132

123.Accreditation document132

124.Accreditation document to be available133

Subdivision 3 — Amendment of accreditation document

125.Changes to information133

126.Accredited assessor to return accreditation document134

127.Replacement accreditation document134

128.Voluntary surrender of accreditation135

Subdivision 4 — Renewal of accreditation

129.Regulator may renew accreditation135

130.Application for renewal136

131.Accreditation continues in force until application is decided136

132.Provisions relating to application136

Subdivision 5 — Suspension and cancellation

133.Regulator may suspend or cancel accreditation137

134.Suspension or cancellation of accreditation137

135.Matters to be taken into account138

136.Notice to and submissions by accredited assessor139

137.Notice of decision139

138.Immediate suspension141

139.Accredited assessor to return accreditation document141

140.Regulator to return accreditation document after suspension142

Subdivision 6 — Agreements with RTOs

141.Regulator may enter into agreement with RTO142

141A.RTO to retain records142

Part 4.6 — Demolition work

Division 1 — Not used

142.Not used142

Division 2 — Conduct of demolition work

142A.Application of Division143

142B.Requirement to hold Class 1 demolition licence143

142C.Requirement to hold Class 2 demolition licence144

142D.Demolition work must be conducted by competent persons145

142E.Demolition work must be supervised by nominated supervisor145

142F.Regulator to be notified of proposed Class 1 or 2 demolition work in accordance with standard146

142G.Application for approval of regulator for proposed Class 1 or 2 demolition work not in accordance with standard147

142H.Regulator’s functions as to application under r. 142G147

142I.Class 1 or 2 demolition work not to be done without notification or approval or until conditions set148

142J.Demolition work other than Class 1 or 2 demolition work to be in accordance with standard149

142K.Class 1 or 2 demolition work to be in accordance with standard or approval149

142L.Documents to be kept at demolition workplace150

142M.Requirements for scaffold used in demolition work151

Part 4.6A — Licensing of demolition work

Division 1 — Licensing process

142N.Application for demolition licence152

142O.Nomination of supervisor154

142P.Regulator may request examination154

142Q.Additional information155

142R.Decision on application155

142S.Matters to be taken into account156

142T.Refusal to grant licence: process157

142U.Conditions of licence158

142V.Duration of licence159

142W.Licence document159

142X.Licence document to be available159

Division 2 — Amendment of licence and licence document

143.Changes to information160

143A.Change to nominated supervisor160

143B.Amendment imposed by regulator161

143C.Amendment on application by licence holder162

143D.Minor amendments to licence164

143E.Regulator to give amended licence to the holder164

143F.Licence holder to return licence164

143G.Replacement licence document165

143H.Voluntary surrender of licence166

Division 3 — Renewal of licence

143I.Regulator may renew licence166

143J.Application for renewal166

143K.Provisions relating to renewal of licence167

143L.Renewal of demolition licence: regulator to be satisfied about certain matters168

143M.Status of licence during review168

Division 4 — Suspension and cancellation of licence

143N.Suspension or cancellation of licence169

143O.Matters taken into account170

143P.Notice to and submissions by licence holder171

143Q.Notice of decision172

143R.Immediate suspension173

143S.Licence holder to return licence document174

143T.Regulator to return licence document after suspension174

Part 4.7 — General electrical safety in workplaces and energised electrical work

Division 1 — Preliminary

144.Meaning of electrical equipment174

145.Meaning of electrical installation174

146.Meaning of electrical work175

146A.References to electricity distributor in AS/NZS 3012:2010175

Division 2 — General risk management

147.Risk management175

Division 3 — Electrical equipment and electrical installations

148.Electrical equipment and electrical installations to which Division applies175

149.Unsafe electrical equipment176

150.Inspection and testing of electrical equipment176

151.Untested electrical equipment not to be used178

Division 4 — Electrical work on energised electrical equipment

152.Electrical work178

153.Work in roof spaces179

154.Not used181

155.Not used181

156.Not used181

157.Not used181

158.Not used181

159.Not used181

160.Not used181

161.Not used181

162.Not used181

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

163.Duty of person conducting business or undertaking182

Division 6 — Residual current devices

164.Use of socket outlets in hostile operating environment182

165.Testing of residual current devices184

Division 7 — Overhead and underground electric lines

166.Duty of person conducting a business or undertaking: underground electric lines184

166A.Duty of person conducting a business or undertaking: overhead electric lines185

Part 4.8 — Diving work

Division 1 — Preliminary

167.Purpose of Part186

Division 2 — General diving work: fitness and competence of worker

168.Person conducting business or undertaking must ensure fitness of workers187

169.Certificate of medical fitness187

170.Duty to keep certificate of medical fitness188

171.Competence of worker: general diving work: qualifications188

171A.Competence of worker: general diving work: knowledge and skill189

172.Competence of worker: incidental diving work190

173.Competence of worker: limited scientific diving work190

174.Competence of competent person supervising general diving work191

175.Evidence of competence: duty of person conducting business or undertaking191

Division 3 — Managing risks: general diving work

176.Management of risks to health and safety192

177.Appointment of competent person to supervise diving work193

178.Additional control: dive plan193

179.Dive plan must be complied with194

180.Additional control: dive safety log to be kept195

181.Use of dive safety log196

182.Record keeping197

Division 4 — High risk diving work

183.Duties of person conducting business or undertaking198

184.Duty of worker: competence199

Part 4.9 — Use of power tools on engineered stone products

184A.Use of power tools on engineered stone products199

Part 4.10 — Driving commercial vehicles

184B.Application of Part200

184C.Terms used201

184D.Commercial vehicle driver: duties202

184E.Commercial vehicle driver: hours of work203

184F.Requirement for driver fatigue management plan205

184G.Record of commercial vehicle drivers’ time205

Chapter 5 — Plant and structures

Part 5.1 — General duties for plant and structures

Division 1 — Preliminary

185.Application of Part to plant207

186.Application of Part to structures207

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

187.Provision of information to manufacturer207

188.Hazard identified in design during manufacture208

189.Guarding209

190.Operational controls211

191.Emergency stop controls212

192.Warning devices213

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

193.Control of risk213

194.Guarding215

195.Information must be obtained and provided216

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

196.Information to be obtained and provided by importer216

197.Control of risk217

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

198.Information to be obtained and provided by supplier218

199.Supply of second‑hand plant: duties of supplier218

200.Second‑hand plant to be used for scrap or spare parts219

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

201.Duties of persons conducting businesses or undertakings that install, construct or commission plant219

202.Duties of persons conducting businesses or undertakings that install, construct or commission structures220

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

Subdivision 1 — Management of risks

203.Management of risks to health and safety221

Subdivision 2 — Additional control measures for general plant

204.Control of risks arising from installation or commissioning221

205.Preventing unauthorised alterations to or interference with plant222

206.Proper use of plant and controls223

207.Plant not in use223

208.Guarding224

209.Guarding and insulation from heat and cold226

210.Operational controls226

211.Emergency stops227

212.Warning devices228

213.Maintenance and inspection of plant229

Subdivision 3 — Additional control measures for certain plant

214.Powered mobile plant: general control of risk229

215.Powered mobile plant: specific control measures230

216.Roll‑over protection on tractors231

217.Not used232

218.Industrial lift trucks232

219.Plant that lifts or suspends loads233

220.Exception: plant not specifically designed to lift or suspend a person235

221.Plant used in connection with tree lopping236

222.Industrial robots236

223.Lasers237

224.Pressure equipment238

225.Scaffolds239

226.Plant with presence‑sensing safeguarding system: records242

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

Division 1 — Application of Part

227.Application of Part243

Division 2 — Duty of person conducting a business or undertaking who designs plant to record plant design

228.Records and information243

229.Record of standards or engineering principles used244

230.Records to be available for inspection244

Division 3 — Duties of a person conducting a business or undertaking

231.Duty of persons conducting businesses or undertakings that manufacture plant245

232.Duty of persons conducting businesses or undertakings that import plant245

233.Duty of persons conducting businesses or undertakings that supply plant246

234.Duty of persons conducting businesses or undertakings that commission plant246

Division 4 — Duties of a person 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 cranes247

236.Lifts248

237.Records of plant249

Subdivision 2 — Control measures for amusement devices and passenger ropeways

238.Operation of amusement devices and passenger ropeways250

239.Storage of amusement devices and passenger ropeways251

240.Maintenance, inspection and testing of amusement devices and passenger ropeways252

241.Annual inspection of amusement devices and passenger ropeways252

242.Log book and manuals for amusement devices254

Part 5.3 — Registration of plant designs and items of plant

Division 1 — Plant designs to be registered

243.Plant design to be registered255

244.Altered plant designs to be registered256

245.Recognition of designs registered by corresponding regulator256

Division 2 — Items of plant to be registered

246.Items of plant to be registered257

247.Recognition of plant registered by corresponding regulator257

Division 3 — Registration process for plant designs

248.Application of Division257

249.Who can apply to register a plant design257

250.Application for registration257

251.Design verification statement259

252.Who can be the design verifier259

253.Duty of design verifier260

254.Design verification statements not to be made in certain circumstances260

255.Additional information260

256.Decision on application261

257.Refusal of registration: process262

258.Conditions of registration263

259.Duration of registration of plant design263

260.Plant design registration number263

261.Registration document264

262.Registration document to be available265

263.Disclosure of design information265

Division 4 — Registration process for an item of plant

264.Application of Division266

265.Who can apply to register an item of plant266

266.Application for registration266

267.When is a person competent to inspect plant267

268.Additional information268

269.Decision on application268

270.Refusal of registration: process269

271.Conditions of registration270

272.Day when registration takes effect271

273.Plant registration number271

274.Registration document271

275.Registration document to be available272

276.Not used272

277.Not used272

278.Not used272

279.Not used272

280.Not used272

Division 5 — Changes to registration and registration documents

281.Application of Division273

282.Changes to information273

283.Amendment of registration imposed by regulator274

284.Amendment on application by registration holder275

285.Minor corrections to registration276

286.Regulator to give amended registration document277

287.Registration holder to return registration document277

288.Replacement registration document277

Division 6 — Cancellation of registration

288A.Application of Division278

288B.Regulator may cancel registration279

288C.Cancellation process279

288D.Registration holder to return registration document280

Chapter 6 — Construction work

Part 6.1 — Preliminary

289.Meaning of construction work281

290.Meaning of structure282

291.Meaning of high risk construction work283

292.Meaning of construction project284

293.Meaning of principal contractor284

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

294.Person who commissions work must consult with designer285

295.Designer must give safety report to person who commissions design286

296.Person who commissions project must give information to principal contractor286

Part 6.3 — Duties of person conducting business or undertaking

Division 1 — General

297.Management of risks to health and safety287

298.Security of workplace287

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

299.Safe work method statement required for high risk construction work288

300.Compliance with safe work method statement289

301.Safe work method statement: copy to be given to principal contractor290

302.Review of safe work method statement290

303.Safe work method statement must be kept290

Division 3 — Excavation work

304.Excavation work: underground essential services information291

305.Management of risks to health and safety associated with excavation work293

306.Additional controls: trenches294

Division 4 — Tilt‑up concrete and precast concrete elements

306A.Terms used296

306B.Regulator to be notified of proposed manufacture of concrete panel296

306C.Concrete panels to be designed and made in accordance with standard297

306D.Concrete panel at construction site to be transported, craned, stored and erected in accordance with standard299

306E.Concrete panel at construction site to be temporarily braced in accordance with standard300

306F.Concrete panel to be fixed and temporary bracing to be removed in accordance with standard300

306G.Tilt‑up work at construction site not to be done unless regulator notified under r. 306B301

306H.Documents required at construction site where tilt‑up work done301

306I.Duty of principal contractor etc. to limit entry to construction site area where tilt‑up work being done302

306J.Certain persons to ensure only trained persons manufacture concrete panels303

306K.Certain persons to ensure only trained persons do tilt‑up work other than manufacturing concrete panels303

Part 6.4 — Additional duties of principal contractor

307.Application of Part304

308.Not used304

309.WHS management plan: preparation304

310.WHS management plan: duty to inform305

311.WHS management plan: review306

312.High risk construction work: safe work method statements306

313.Copy of WHS management plan must be kept307

314.Further health and safety duties: specific regulations308

315.Further health and safety duties: specific risks308

Part 6.4A — Duties of local government

315A.Local government to notify regulator of construction work permits309

Part 6.5 — General construction induction training

Division 1 — General construction induction training requirements

316.Duty to provide general construction induction training309

317.Duty to ensure worker has been trained310

318.Recognition of general construction induction training cards issued in other jurisdictions311

Division 2 — General construction induction training cards

318A.Meaning of authorised RTO311

319.Not used311

320.Content of card311

321.Not used311

322.Not used312

323.Cancellation of card: grounds312

324.Cancellation of card: process312

325.RTO may enter agreement to issue cards313

Division 3 — Duties of workers

326.Duties of workers313

327.Alteration of general construction induction training card314

Chapter 7 — Hazardous chemicals

Part 7.1 — Hazardous chemicals

Division 1 — Application

328.Application315

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

Subdivision 1 — Obligations of manufacturers and importers

329.Classification of hazardous chemicals317

330.Manufacturer or importer to prepare and provide safety data sheets317

331.Safety data sheets: research chemical, waste product or sample for analysis319

332.Emergency disclosure of chemical identities to registered medical practitioner319

333.Emergency disclosure of chemical identities to emergency service worker320

334.Packing hazardous chemicals320

335.Labelling hazardous chemicals320

Subdivision 2 — Obligations of suppliers

336.Restriction on age of person who can supply hazardous chemicals322

337.Retailer or supplier packing hazardous chemicals323

338.Supplier labelling hazardous chemicals323

339.Supplier to provide safety data sheets324

340.Supply of prohibited and restricted carcinogens325

Subdivision 3 — Obligations of persons conducting businesses or undertakings

341.Labelling hazardous chemicals: general requirement326

342.Labelling hazardous chemicals: containers327

343.Labelling hazardous chemicals: pipe work329

344.Person conducting business or undertaking to obtain and give access to safety data sheets329

345.Changes to safety data sheets332

Division 3 — Register of hazardous chemicals

Subdivision 1 — Hazardous chemicals register

346.Hazardous chemicals register333

Subdivision 2 — Not used

347.Not used334

348.Not used334

Division 4 — Not used

349.Not used334

350.Not used334

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 safety334

352.Review of control measures335

353.Safety signs336

354.Identification of risk of physical or chemical reaction337

355.Specific control: fire and explosion338

356.Keeping hazardous chemicals stable338

Subdivision 2 — Spills and damage

357.Containing and managing spills339

358.Protecting hazardous chemicals from damage340

Subdivision 3 — Emergency plans and safety equipment

359.Fire protection and firefighting equipment341

360.Emergency equipment342

361.Not used342

362.Safety equipment343

Subdivision 4 — Not used

363.Not used343

364.Not used343

365.Not used343

366.Not used343

367.Not used343

Division 6 — Health monitoring

368.Duty to provide health monitoring343

369.Duty to inform of health monitoring344

370.Duty to ensure that appropriate health monitoring is provided345

371.Duty to ensure health monitoring is supervised by registered medical practitioner with experience345

372.Duty to pay costs of health monitoring346

373.Information that must be provided to registered medical practitioner346

374.Duty to obtain health monitoring report347

375.Duty to give health monitoring report to worker348

376.Duty to give health monitoring report to regulator348

377.Duty to give health monitoring report to relevant persons conducting businesses or undertakings348

378.Health monitoring records348

Division 7 — Induction, information, training and supervision

379.Duty to provide supervision349

Division 8 — Prohibition, authorisation and restricted use

380.Using, handling and storing prohibited carcinogens350

381.Using, handling and storing restricted carcinogens350

382.Using, handling and storing restricted hazardous chemicals351

383.Application for authorisation to use, handle or store prohibited and restricted carcinogens351

384.Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens352

385.Changes to information in application to be reported353

386.Regulator may cancel authorisation354

387.Statement of exposure to be given to workers354

388.Records to be kept355

Division 9 — Not used

389.Not used355

390.Not used355

391.Not used356

Part 7.2 — Lead

Division 1 — Lead process

392.Meaning of lead process356

393.Regulator may decide lead process358

394.Meaning of lead risk work359

395.Duty to give information about health risks of lead process359

Division 2 — Control of risk

396.Containment of lead contamination360

397.Cleaning methods360

398.Prohibition on eating, drinking and smoking361

399.Provision of changing and washing facilities361

400.Laundering, disposal and removal of personal protective equipment362

401.Review of control measures363

Division 3 — Lead risk work

402.Identifying lead risk work365

403.Notification of lead risk work366

404.Changes to information in notification of lead risk work367

Division 4 — Health monitoring

405.Duty to provide health monitoring before first commencing lead risk work368

406.Duty to ensure that appropriate health monitoring is provided369

407.Frequency of biological monitoring369

408.Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience371

409.Duty to pay costs of health monitoring371

410.Information that must be provided to registered medical practitioner372

411.Duty to obtain health monitoring report372

412.Duty to give health monitoring report to worker374

413.Duty to give health monitoring report to regulator374

414.Duty to give health monitoring report to relevant persons conducting businesses or undertakings375

415.Removal of worker from lead risk work375

416.Duty to ensure medical examination if worker removed from lead risk work376

417.Return to lead risk work after removal377

418.Health monitoring records378

Chapter 8 — Asbestos

Part 8.1 — Prohibitions and authorised conduct

419.Work involving asbestos or ACM: prohibitions and exceptions379

Part 8.2 — General duty

420.Exposure to airborne asbestos at workplace381

Part 8.3 — Management of asbestos and associated risks

421.Application of Part381

421A.Regulator may direct tests for, or removal of, asbestos at workplace382

422.Asbestos to be identified or assumed at workplace382

423.Analysis of sample383

424.Presence and location of asbestos to be indicated383

425.Asbestos register384

426.Review of asbestos register385

427.Access to asbestos register386

428.Transfer of asbestos register by person relinquishing management or control386

429.Asbestos management plan387

430.Review of asbestos management plan388

Part 8.4 — Management of naturally occurring asbestos

431.Naturally occurring asbestos389

432.Asbestos management plan390

433.Review of asbestos management plan391

434.Training in relation to naturally occurring asbestos392

Part 8.5 — Asbestos at the workplace

Division 1 — Health monitoring

435.Duty to provide health monitoring392

436.Duty to ensure that appropriate health monitoring is provided393

437.Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience393

438.Duty to pay costs of health monitoring394

439.Information that must be provided to registered medical practitioner395

440.Duty to obtain health monitoring report395

441.Duty to give health monitoring report to worker396

442.Duty to give health monitoring report to regulator396

443.Duty to give health monitoring report to relevant persons conducting businesses or undertakings397

444.Health monitoring records397

Division 2 — Training

445.Duty to train workers about asbestos398

Division 3 — Control on use of certain equipment

446.Duty to limit use of equipment399

Part 8.6 — Demolition and refurbishment

447.Application of Part400

448.Review of asbestos register400

449.Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment401

450.Duty to obtain asbestos register401

451.Determining presence of asbestos or ACM401

452.Identification and removal of asbestos before demolition403

453.Identification and removal of asbestos before demolition of residential premises403

454.Emergency procedure404

455.Emergency procedure: residential premises405

456.Identification and removal of asbestos before refurbishment406

457.Refurbishment of residential premises407

Part 8.7 — Asbestos removal work

458.Duty to ensure asbestos removalist is licensed407

459.Asbestos removal supervisor must be present or readily available408

460.Asbestos removal worker must be trained408

461.Licensed asbestos removalist must keep training records409

462.Duty to give information about health risks of licensed asbestos removal work410

463.Asbestos removalist must obtain register410

464.Asbestos removal control plan410

465.Asbestos removal control plan to be kept and available411

466.Regulator must be notified of asbestos removal412

467.Licensed asbestos removalist must inform certain persons about intended asbestos removal work414

468.Person with management or control of workplace must inform persons about asbestos removal work415

469.Signage and barricades for asbestos removal work416

470.Limiting access to asbestos removal area416

471.Decontamination facilities418

472.Disposing of asbestos waste and contaminated personal protective equipment418

473.Clearance inspection420

474.Clearance certificates421

Part 8.8 — Asbestos removal requiring Class A asbestos removal licence

475.Air monitoring: asbestos removal requiring Class A asbestos removal licence422

476.Action if respirable asbestos fibre level too high424

477.Removing friable asbestos425

Part 8.9 — Asbestos‑related work

478.Application of Part427

479.Uncertainty as to presence of asbestos427

480.Duty to give information about health risks of asbestos‑related work427

481.Asbestos‑related work to be in separate area428

482.Air monitoring428

483.Decontamination facilities429

484.Disposing of asbestos waste and contaminated personal protective equipment430

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 licence432

486.Exception to requirement to hold Class A asbestos removal licence432

487.Requirement to hold Class B asbestos removal licence433

488.Recognition of asbestos removal licences in other jurisdictions433

Division 2 — Asbestos assessors: requirement to be licensed

489.Requirement to hold asbestos assessor licence434

490.Recognition of asbestos assessor licences in other jurisdictions434

Division 3 — Licensing process

491.Who may apply for a licence434

492.Application for asbestos removal licence or asbestos assessor licence434

493.Content of application: Class A asbestos removal licence436

494.Content of application: Class B asbestos removal licence437

495.Content of application: asbestos assessor licence438

496.Additional information438

497.Decision on application439

498.Class A asbestos removal licence: regulator to be satisfied about additional matters440

499.Class B asbestos removal licence: regulator to be satisfied about additional matters441

500.Matters to be taken into account441

501.Refusal to grant licence: process442

502.Conditions of licence443

503.Duration of licence444

504.Licence document444

505.Licence document to be available444

Division 4 — Amendment of licence and licence document

506.Changes to information445

507.Change to nominated supervisor445

508.Amendment imposed by regulator446

509.Amendment on application by licence holder447

510.Minor corrections to licence449

511.Regulator to give amended licence to the holder449

512.Licence holder to return licence449

513.Replacement licence document449

514.Voluntary surrender of licence451

Division 5 — Renewal of licence

515.Regulator may renew licence451

516.Application for renewal451

517.Provisions relating to renewal of licence452

518.Renewal of asbestos removal licence: regulator to be satisfied about certain matters453

519.Status of licence during review453

Division 6 — Suspension and cancellation of licence

520.Suspension or cancellation of licence454

521.Matters taken into account456

522.Notice to and submissions by licence holder457

523.Notice of decision457

524.Immediate suspension458

525.Licence holder to return licence document459

526.Regulator to return licence document after suspension459

Division 7 — General

527.Asbestos removal licence register460

528.Asbestos assessors register460

529.Work must be supervised by nominated supervisor460

Chapter 9 — Not used

530.Not used461

531.Not used461

532.Not used461

533.Not used461

534.Not used461

535.Not used461

536.Not used461

537.Not used461

538.Not used461

539.Not used461

540.Not used461

541.Not used461

542.Not used461

543.Not used461

544.Not used461

545.Not used461

546.Not used461

547.Not used462

548.Not used462

549.Not used462

550.Not used462

551.Not used462

552.Not used462

553.Not used462

554.Not used462

555.Not used462

556.Not used462

557.Not used462

558.Not used462

559.Not used462

560.Not used462

561.Not used462

562.Not used462

563.Not used462

564.Not used462

565.Not used462

566.Not used462

567.Not used462

568.Not used463

569.Not used463

570.Not used463

571.Not used463

572.Not used463

573.Not used463

574.Not used463

575.Not used463

576.Not used463

577.Not used463

578.Not used463

579.Not used463

580.Not used463

581.Not used463

582.Not used463

583.Not used463

584.Not used463

585.Not used463

586.Not used463

587.Not used463

588.Not used463

589.Not used464

590.Not used464

591.Not used464

592.Not used464

593.Not used464

594.Not used464

595.Not used464

596.Not used464

597.Not used464

598.Not used464

599.Not used464

600.Not used464

601.Not used464

602.Not used464

603.Not used464

604.Not used464

605.Not used464

606.Not used464

607.Not used464

608.Not used464

Chapter 10 — Not used

609.Not used465

610.Not used465

611.Not used465

612.Not used465

613.Not used465

614.Not used465

615.Not used465

616.Not used465

617.Not used465

618.Not used465

619.Not used465

620.Not used465

621.Not used465

622.Not used465

623.Not used465

624.Not used465

625.Not used465

626.Not used466

627.Not used466

628.Not used466

629.Not used466

630.Not used466

631.Not used466

632.Not used466

633.Not used466

634.Not used466

635.Not used466

636.Not used466

637.Not used466

638.Not used466

639.Not used466

640.Not used466

641.Not used466

642.Not used466

643.Not used466

644.Not used466

645.Not used466

646.Not used466

647.Not used467

648.Not used467

649.Not used467

650.Not used467

651.Not used467

652.Not used467

653.Not used467

654.Not used467

655.Not used467

656.Not used467

657.Not used467

658.Not used467

659.Not used467

660.Not used467

661.Not used467

662.Not used467

663.Not used467

664.Not used467

665.Not used467

666.Not used467

667.Not used467

668.Not used468

669.Not used468

670.Not used468

671.Not used468

672.Not used468

673.Not used468

674.Not used468

675.Not used468

Chapter 11 — General

Part 11.1 — Review of decisions under these regulations

Division 1 — Reviewable decisions

676.Which decisions under these regulations are reviewable469

Division 2 — Internal review

677.Application481

678.Application for internal review481

679.Internal reviewer481

680.Decision of internal reviewer481

681.Decision on internal review482

682.Internal review: reviewable decision continues482

Division 3 — External review

683.Application for external review483

Part 11.2 — Exemptions

Division 1 — General

684.General power to grant exemptions483

685.Matters to be considered in granting exemptions484

Division 2 — High risk work licences

686.High risk work licence: exemption484

687.High risk work licence: regulator to be satisfied about certain matters485

Division 3 — Not used

688.Not used485

689.Not used485

Division 4 — Exemption process

690.Application for exemption485

691.Conditions of exemption486

692.Form of exemption document486

693.Compliance with conditions of exemption487

694.Notice of decision in relation to exemption487

695.Publication of notice of exemption487

696.Notice of refusal of exemption487

697.Amendment or cancellation of exemption488

698.Notice of amendment or cancellation488

Part 11.3 — Miscellaneous

699.Incident notification: prescribed serious illnesses489

700.Inspectors’ identity cards490

701.Entry warrant490

702.Refund, waiver or reduction of relevant fees491

703.Review of decisions under the Act: stay of decision491

704.Confidentiality of information: exception relating to administration or enforcement of other laws491

Part 11.4 — Transitional and savings provisions

705.Terms used492

706.Applications pending determination492

707.References to convictions or findings of guilt493

708.Safe work method statements493

709.Risk assessments493

710.Evacuation procedures493

711.Registers relating to asbestos494

712.Approved use of carcinogens494

713.Exemptions494

714.Falls from height495

715.Accredited safety and health representative training courses495

716.Class 1 or 2 demolition work approvals495

717.References to GHS495

718.Residual current devices495

719.Roll‑over protection on tractors496

720.Demolition licences496

721.High risk work licences497

722.Requirements to minimise risk of fall in high risk construction work500

723.Materials hoists501

724.Concrete placing booms501

725.Reach stackers501

726.Accreditation of assessors501

727.Plant designs and items of plant registered under OSHR501

728.Plant designs and items of plant not registered under OSHR502

729.Unrestricted asbestos removal licences502

730.Restricted asbestos removal licences503

731.Construction induction training503

732.General diving work: qualifications503

Schedule 1 — Not used

Schedule 2 — Fees

1.Purpose of Schedule504

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

1.Boom‑type elevating work platform514

2.Earthmoving machinery used as crane514

Schedule 4 — High risk work licences: competency requirements

1.Purpose of Schedule515

Schedule 5 — Registration of plant and plant designs

Division 1 — Plant requiring registration of design

1.Items of plant requiring registration of design519

2.Exceptions520

Division 2 — Items of plant requiring registration

3.Items of plant requiring registration520

4.Exceptions521

Schedule 6 — Classification of mixtures

1.Purpose of Schedule523

Schedule 7 — Safety data sheets

1.Safety data sheets: content528

2.Safety data sheets: research chemical, waste product or sample for analysis529

Schedule 8 — Disclosure of ingredients in safety data sheet

1.Purpose of Schedule531

2.Identity of ingredients to be disclosed531

3.Generic names used to disclose identity of ingredients533

4.Disclosing proportions of ingredients534

Schedule 9 — Classification, packaging and labelling requirements

Division 1 — Correct classification

1.Correct classification of a substance, mixture or article535

Division 2 — Correct packing

2.Correctly packing hazardous chemicals535

Division 3 — Correct labelling

3.Labelling hazardous chemicals: general536

4.Labelling hazardous chemicals: small container537

5.Labelling hazardous chemicals: research chemicals or samples for analysis537

6.Labelling hazardous chemicals: decanted or transferred chemicals538

7.Labelling hazardous chemicals: known hazards538

8.Labelling hazardous chemicals: waste products539

9.Labelling hazardous chemicals: explosives539

10.Labelling hazardous chemicals: agricultural and veterinary chemicals540

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

Schedule 11 — Not used

Schedule 12 — Not used

Schedule 13 — Not used

Schedule 14 — Requirements for health monitoring

Schedule 15 — Not used

Schedule 16 — Not used

Schedule 17 — Not used

Schedule 18 — Not used

Schedule 18A — Forms

Notes

Compilation table555

Uncommenced provisions table555

Defined terms

 

Work Health and Safety Act 2020

Work Health and Safety (General) Regulations 2022

Chapter 1  Preliminary

Part 1.1  Introductory matters

1.Citation

These regulations are the Work Health and Safety (General) Regulations 2022.

2.Commencement

These regulations come into operation as follows —

(a)the regulations (other than regulations 49(2), (3) and (4), 58, 460(1), 473(2A), 475(2A), 477(1A) and 489(2)) — on the day on which the Work Health and Safety Act 2020 section 276 comes into operation;

(b)regulation 58 — on the day after the period of 2 years beginning on the day referred to in paragraph (a);

(c)regulations 49(2), (3) and (4), 460(1), 473(2A), 475(2A), 477(1A) and 489(2) — on the day after the period of 12 months beginning on the day referred to in paragraph (a).

3.Not used

4.Not used

Notes for regulations 3 and 4:

1.These regulations are based on the Model Work Health and Safety Regulations (15 January 2019 version) published by the Parliamentary Counsel’s Committee and contain modifications of those model regulations for this State.

2.The numbering of Chapters, Parts, Divisions and regulations in these regulations generally (but not always) corresponds to the numbering of Chapters, Parts, Divisions and regulations in the model regulations. To facilitate this correspondence —

(a)some Chapter, Part, Division and regulation numbers are included in these regulations although they are not used for this State; and

(b)alphanumeric numbers are used in these regulations for some provisions that are inserted for this State.

3.Alphanumeric numbering used in the model regulations is also used in these regulations.

5.Terms used

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;

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, approved by the Transport and Infrastructure Council, as in force or remade from time to time;

Notes for this definition:

1.If the ADG Code is amended or remade, a reference in these regulations to a provision of that document extends to the corresponding provision (if any) of the amended or remade document.

2.The ADG Code is accessible at www.ntc.gov.au.

administrative control —

(a)means a method of work, a process or a procedure designed to minimise risk; but

(b)does not include —

(i)an engineering control; or

(ii)the use of personal protective equipment;

Agvet Code, in Part 7.1, means the Agvet Code of Western Australia as defined in the Agricultural and Veterinary Chemicals (Western Australia) Act 1995 section 3;

airborne contaminant —

(a)means a contaminant in the form of a fume, mist, gas, vapour or dust; and

(b)includes micro‑organisms;

amusement device —

(a)means plant operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers or other users travel or move on, around or along the equipment; but

(b)does not include any of the following —

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

(ii)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 another Act or an Act of the Commonwealth;

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

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

(v)a device operated (with or without an operator) by a coin or token that is located in a shopping centre or similar public location and that is intended to be ridden, at any 1 time, by not more than 4 children below 10 years of age;

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;

AS 2601 means AS 2601‑2001 (The demolition of structures);

AS 3850, in Part 6.3 Division 4, has the meaning given in regulation 306A;

asbestos —

(a)means the asbestiform variety of any mineral silicate belonging to the serpentine or amphibole group of rock‑forming minerals; and

(b)includes the asbestiform variety of the following —

(i)actinolite;

(ii)grunerite or amosite (known as brown asbestos);

(iii)anthophyllite;

(iv)chrysotile (known as white asbestos);

(v)crocidolite (known as blue asbestos);

(vi)tremolite;

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 has the meaning given in regulation 429 or 432;

asbestos register has the meaning given in 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 regulation 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 —

(a)means —

(i)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

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

but

(b)does not include —

(i)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

(ii)for the purposes of Parts 5.2 and 5.3 and in Schedules 3 and 4, a boiler designed or manufactured to the codes specified in the Table;

Table

1.

AMBSC Part 1 — Australian Miniature Boiler Safety Committee Code for Copper Boilers

2.

AMBSC Part 2 — Australian Miniature Boiler Safety Committee Code for Steel Boilers

3.

AMBSC Part 3 — Australian Miniature Boiler Safety Committee Code for Sub‑Miniature Boilers

4.

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

or

(iii)in Schedules 3 and 4 — a heater or boiler specified in the Table;

Table

1.

direct fired process heater

2.

boiler with less than 500 kW output

3.

unattended boiler 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 1 or more hoisting mechanisms arranged to traverse across the bridge;

building maintenance equipment —

(a)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

(b)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;

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)in the case of high risk work —

(i)a notice of satisfactory assessment stating that the person to whom it is issued has successfully completed the specified VET course; or

(ii)an equivalent notice issued by a corresponding RTO;

and

(b)in every case —

(i)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

(ii)an equivalent statement issued by a corresponding RTO;

certified safety management system, in Chapter 8, means a safety management system that complies with AS/NZS ISO 45001:2018 (Occupational health and safety management systems — Requirements with guidance for use), 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;

(b)in relation to demolition work — Class 1 demolition work or Class 2 demolition work;

(c)in relation to asbestos removal work — Class A asbestos removal work or Class B asbestos removal work;

Class 1 demolition licence means a licence that authorises the carrying out of Class 1 demolition work by or on behalf of the licence holder;

Class 1 demolition work has the meaning given in regulation 142B(1);

Class 2 demolition licence means a licence that authorises the carrying out of Class 2 demolition work by or on behalf of the licence holder;

Class 2 demolition work has the meaning given in regulation 142C(1);

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 —

(a)means work that is required to be licensed under regulation 487; but

(b)does not include Class A asbestos removal work;

clearance certificate has the meaning given in regulation 474(2);

clearance inspection has the meaning given in regulation 473(1A);

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

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

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

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

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

Examples for this definition:

Wood, paper, oil, iron filings.

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 —

(a)for inspection and testing of electrical equipment — means a person who has satisfactorily completed a competency‑assessed training course on testing and tagging using the pass‑fail type of electrical instrument known as a portable appliance tester;

(b)for demolition work — means a person who —

(i)has been trained by an RTO in safe methods of demolition work; and

(ii)in the case of supervision of the work — has appropriate experience in the conduct or supervision of demolition work authorised by the relevant demolition licence;

(c)for general diving work — has the meaning given in regulations 174 and 177;

(d)for a major inspection of a mobile crane or a tower crane under regulation 235 — has the meaning given in regulation 235(1B);

(e)for inspection of amusement devices and passenger ropeways under regulation 241 — has the meaning given in regulation 241(1A);

(f)for design verification under regulation 252 — has the meaning given in regulation 252(1A);

(g)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;

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

concrete panel, in Part 6.3 Division 4, has the meaning given in regulation 306A;

concrete placing boom means plant incorporating an articulating 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 —

(a)means an enclosed or partially enclosed space that —

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

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

(iii)is or is likely to be a risk to health and safety from anything specified in the Table;

Table

1.

an atmosphere that does not have a safe oxygen level

2.

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

3.

harmful concentrations of any airborne contaminants

4.

engulfment

but

(b)does not include a space in which excavation work is carried out in an underground mine;

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

construction project has the meaning given in regulation 292;

construction site means a workplace where construction work is being carried out;

construction work has the meaning given in 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 —

(a)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; and

(b)which is a receptacle with a capacity —

(i)if the receptacle holds a solid — of less than 500 kilograms; or

(ii)if the receptacle holds a liquid — of less than 500 litres;

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 —

(a)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 any of the following —

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

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

(iii)a rotating screw;

(iv)a vibration or walking beam;

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

and

(b)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 for this definition:

Schedule 9 Division 1 sets out when a hazardous chemical is correctly classified.

crane

(a)means an appliance intended for raising or lowering a load and moving it horizontally; and

(b)includes the supporting structure of the crane and its foundations; but

(c)does not include any of the following —

(i)an industrial lift truck;

(ii)earthmoving machinery;

(iii)an amusement device;

(iv)a tractor;

(v)an industrial robot;

(vi)a conveyor;

(vii)building maintenance equipment;

(viii)a suspended scaffold;

(ix)a lift;

Note for this definition:

Regulation 81 and Schedule 3 clause 2 apply to require high risk work licences when earthmoving machinery is used as a crane.

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;

de‑energised, in relation to a part of an electrical installation, has the meaning given in the Electricity (Licensing) Regulations 1991 regulation 3(1);

demolition licence means a Class 1 demolition licence or a Class 2 demolition licence;

demolition work

(a)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

(b)does not include —

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

(ii)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;

direct fired process heater means an arrangement of 1 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

(a)means operator controlled plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material; but

(b)does not include a tractor or industrial lift truck;

electrical equipment has the meaning given in regulation 144 (and regulation 148 for Part 4.7 Division 3);

electrical installation has the meaning given in regulation 145 (and regulation 148 for Part 4.7 Division 3);

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

electrical work has the meaning given in regulation 146;

emergency service organisation means —

(a)a bush fire brigade established under the Bush Fires Act 1954 section 41(1);

(b)a permanent or volunteer fire brigade formed under the Fire Brigades Act 1942 section 26(a);

(c)an SES Unit approved under the Fire and Emergency Services Act 1998 section 18C(1);

(d)a VMRS Group approved under the Fire and Emergency Services Act 1998 section 18H(1);

(e)an FES Unit approved under the Fire and Emergency Services Act 1998 section 18M(1);

emergency service worker means —

(a)an officer or member of an emergency service organisation; or

(b)a person employed or engaged as an operational staff member under the Fire and Emergency Services Act 1998 section 20(1)(b);

enclosed workplace, in Part 3.2 Division 7A , has the meaning given in regulation 50B;

energised, in relation to a part of an electrical installation, has the meaning given in the Electricity (Licensing) Regulations 1991 regulation 3(1);

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

(a)means a trench, tunnel or shaft; but

(b)does not include —

(i)a mine; or

(ii)a bore to which the Water Services Act 2012 applies; or

(iii)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 Standards for Airborne Contaminants;

exposure standard for noise has the meaning given in regulation 56;

external review means an external review under Part 11.1;

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

Examples for this definition:

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;

fitness criteria, in relation to diving work, means the fitness criteria specified in clause M4 of Appendix M to AS/NZS 2299.1:2015 (Occupational diving operations — Standard operational practice);

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

forklift truck, in Schedules 3 and 4 —

(a)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

(b)does not include a pedestrian‑operated truck or a pallet truck;

friable asbestos means material that —

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

(b)contains asbestos;

gantry crane means a crane that —

(a)consists of a bridge beam or beams supported at 1 or both ends by legs mounted to end carriages; and

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

(c)has a crab with 1 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 Part 6.5 Division 2 — a general construction induction training card issued under that Division;

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

(i)under Part 6.5 Division 2 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 —

(a)means work carried out in or under water while breathing compressed gas; and

(b)includes —

(i)incidental diving work; and

(ii)limited scientific diving work;

but

(c)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, Seventh revised edition, published by the United Nations as modified under Schedule 6;

Note for this definition:

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;

hazardous area means an area in which —

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

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

hazardous chemical means a substance, mixture or article that satisfies the criteria for any 1 or more hazard classes in the GHS (including a classification referred to in Schedule 6), unless the only hazard class or classes for which the substance, mixture or article satisfies the criteria are any 1 or more of the following —

(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)aspiration hazard — category 2;

(f)flammable gas — category 2;

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

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

(i)hazardous to the ozone layer;

Note for this definition:

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 1 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 for this definition:

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.

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;

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 for this paragraph:

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 has the meaning given in regulation 291;

high risk diving work —

(a)means work —

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

(ii)involving 1 or more of the types of work specified in the Table;

Table

1.

construction work

2.

work of the kind described in regulation 289(3)(d)

3.

inspection work carried out in order to determine whether or not work described in item 1 or 2 is necessary

4.

the recovery or salvage of a large structure or large item of plant for commercial purposes

Notes for this Table:

1.Work referred to in item 2 includes some additional construction‑related activities.

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

but

(b)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 —

(a)means an appliance intended for raising or lowering a load or people; and

(b)includes an elevating work platform, a mast climbing work platform, personnel and materials hoist, scaffolding hoist and serial hoist; but

(c)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 for this paragraph:

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

(b)involves limited diving;

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

(a)not involved in the removal of the asbestos in relation to which the inspection or monitoring is conducted; 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

(a)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

(b)does not include a mobile crane or earthmoving machinery;

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

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

in situ asbestos

(a)means asbestos or ACM fixed or installed in a structure, equipment or plant; but

(b)does not include naturally occurring asbestos;

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 has the meaning given in regulation 392;

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

lead risk work has the meaning given in 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 demolition work — the person who is licensed to carry out the demolition work; or

(c)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

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

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;

lift

(a)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

(b)includes —

(i)a chairlift and stairway lift; and

(ii)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;

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;

manufacturer, in relation to plant, a substance or a structure, has meaning given in section 23(1) 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;

medical examination notice, in Part 3.2 Division 11, has the meaning given in regulation 55A;

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;

musculoskeletal disorder

(a)means an injury to, or disease of, the musculoskeletal system, whether occurring suddenly or over time; but

(b)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;

network operator has the meaning given in the Electricity Act 1945 section 5(1);

non‑friable asbestos —

(a)means material containing asbestos that is not friable asbestos; and

(b)includes material containing asbestos fibres reinforced with a bonding compound;

Note for this definition:

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

non‑slewing mobile crane —

(a)means a mobile crane incorporating a boom or jib that cannot be slewed; and

(b)includes —

(i)an articulated mobile crane; or

(ii)a locomotive crane;

but

(c)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;

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;

passenger ropeway —

(a)means a powered ropeway used for transporting, in a horizontal or inclined plane, passengers moved by a carrier that is —

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

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

and

(b)includes, in relation to the powered ropeway, the prime mover, any associated transmission machinery and any supporting structure and equipment; but

(c)does not include any of the following —

(i)a cog railway;

(ii)a cable car running on rails;

(iii)a flying fox or similar device;

(iv)an elevating system for vehicles or boat style carriers associated with amusement devices;

Examples for this paragraph:

An elevating system for a log ride or boat flume ride.

personal protective equipment

(a)means anything used or worn by a person to minimise risk to the person’s health and safety; and

(b)includes 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;

person with management or control of plant at a workplace means a person with management or control of fixtures, fittings or plant at a workplace as defined in section 21(1) of the Act;

person with management or control of a workplace has the meaning given in section 20(1) of the Act;

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;

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

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

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

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

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

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

(b)improper handling of a hazardous chemical;

presence‑sensing safeguarding system includes —

(a)a sensing system that uses 1 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 fluid or to transmit fluid pressure; and

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

(c)does not include —

(i)a boiler or pressure vessel; or

(ii)piping to which another written law applies;

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;

principal contractor, in relation to a construction project, has the meaning given in 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;

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 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

(a)means equipment that is driven by steam acting on a piston causing the piston to move; and

(b)includes an expanding (steam) reciprocating engine;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

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 (Commonwealth);

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 analysis or genuine research;

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;

roof, in Part 3.2 Division 7A, has the meaning given in regulation 50A;

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

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

Safe Work Australia means Safe Work Australia as established under the Safe Work Australia Act 2008 (Commonwealth) section 5;

safe work method statement, in relation to high risk construction work, means a safe work method statement referred to in regulation 299 (as revised under regulation 302);

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;

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

(a)means a mobile crane incorporating a boom or jib that can be slewed; but

(b)does not include any of the following when configured for crane operation —

(i)a front‑end loader;

(ii)a backhoe;

(iii)an excavator;

(iv)other earth moving equipment;

slinging techniques means the exercising of judgment 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;

smoke, in Part 3.2 Division 7A, has the meaning given in regulation 50A;

specified VET course means —

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

(b)in relation to Class A asbestos removal work — the VET course Remove friable asbestos; or

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

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

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

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

(g)in relation to the supervision of tilt‑up work in construction — the VET course Supervise tilt‑up work; or

(h)in relation to tilt‑up work in manufacturing and construction — the VET course Identify requirements for safe precast and tilt‑up work;

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

structure, in Chapter 6, has the meaning given in 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 meaning given in section 25(1) of the Act;

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;

tilt‑up work, in Part 6.3 Division 4, has the meaning given in regulation 306A;

tobacco product, in Part 3.2 Division 7A, has the meaning given in regulation 50A;

tower crane —

(a)means a crane that —

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

(ii)if a jib crane, is of a horizontal or luffing jib type; and

(iii)has a tower structure that is demountable or permanent;

but

(b)does not include a self‑erecting tower crane;

tractor

(a)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

(b)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;

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 meaning given in the National Vocational Education and Training Regulator Act 2011 (Commonwealth) section 3;

wall, in Part 3.2 Division 7A, has the meaning given in regulation 50A;

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.

6.Determination of safety management system

(1)The regulator may make a determination for the purposes of the definition of certified safety management system in regulation 5.

(2)A person may apply for a determination under subregulation (1).

(3)The application must be made in the manner and form required by the regulator.

(4)The application must be accompanied by the relevant fee.

6A.Corresponding WHS laws prescribed

For the purposes of the definition of corresponding WHS law in section 4 of the Act, the following are prescribed —

(a)the Work Health and Safety Act 2011 (Commonwealth);

(b)the Work Health and Safety Act 2011 (New South Wales);

(c)the Work Health and Safety Act 2011 (Queensland);

(d)the Work Health and Safety Act 2012 (South Australia);

(e)the Work Health and Safety (National Uniform Legislation) Act 2011 (Northern Territory);

(f)the Work Health and Safety Act 2012 (Tasmania);

(g)the Work Health and Safety Act 2011 (Australian Capital Territory);

(h)the Occupational Health and Safety Act 2004 (Victoria);

(i)the Occupational Health and Safety (Maritime Industry) Act 1993 (Commonwealth);

(j)the Coal Mining Safety and Health Act 1999 (Queensland);

(k)the Mining and Quarrying Safety and Health Act 1999 (Queensland);

(l)the Work Health and Safety (Mines and Petroleum Sites) Act 2013 (New South Wales).

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

For the purposes of section 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 1 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.

8.Meaning of supply

For the purposes of section 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 for this regulation:

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

2.A real estate agent acting in their 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 must be performed in relation to the matters and to the extent set out in the regulation provision.

Note for this regulation:

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

10.Non‑application of regulations to mines and petroleum and geothermal energy operations

These regulations do not apply to, or in relation to, the following —

(a)except as provided in the Work Health and Safety (Mines) Regulations 2022, a workplace to which regulation 10 of those regulations applies;

(b)except as provided in the Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022, a workplace to which regulation 3 of those regulations applies.

11.Application of 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 for this regulation:

Under the Act, a work group may be determined for workers at more than 1 workplace (section 51(3)) or for workers carrying out work for 2 or more persons conducting businesses or undertakings at 1 or more workplaces (Part 5 Division 3 Subdivision 3 of the Act).

17.Matters to be taken into account in negotiations

For the purposes of sections 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 section 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)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

20.Removal of health and safety representatives

(1)For the purposes of section 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 subregulation (2)(a) and the majority of members of the work group have been informed of the removal.

20A.Notice of entry for person assisting health and safety representative

(1)A notice under section 68(3A) of the Act must —

(a)be written; and

(b)include the following —

(i)the full name of the health and safety representative giving the notice;

(ii)the full name of the assistant whose entry is proposed;

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

(iv)the date of proposed entry;

(v)a statement of the reasons why the health and safety representative considers it is necessary for the assistant to enter the workplace to assist.

(2)If the assistant is or has been the holder of an IR entry authority or a WHS entry permit under a corresponding WHS law, the notice must also include the following —

(a)the name of the union the assistant represents or represented;

(b)a declaration by the assistant stating that —

(i)an IR entry authority or WHS entry permit held by the assistant has not been revoked; and

(ii)in relation to a current IR entry authority or WHS entry permit, the authority or permit is not suspended; and

(iii)the assistant is not disqualified from holding an IR entry authority or WHS entry permit.

21.Training for health and safety representatives

(1)For the purposes of section 72(1) of the Act, a health and safety representative is required to attend the following courses of training in work health and safety —

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

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

(2)In approving a course of training in work health and safety for the purposes of section 72(1) of the Act, the Work Health and Safety Commission may have regard to any relevant matters, including —

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

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

Notes for this regulation:

1.This regulation prescribes courses of training which a health and safety representative is required to attend. 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.

2.Under the Interpretation Act 1984 section 50(2)(c), the power to approve a course of training includes a power to withdraw 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 for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

23.Default procedure

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

(2)Any party to the issue may commence the procedure by informing each other party —

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

(b)of the nature and scope of the issue.

(3)As soon as parties are informed 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 for this subregulation:

Under the Act, parties to an issue include not only a person conducting a business or undertaking and a worker, 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, 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 the purposes of 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 1 or more of the following —

(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  Not used

25.Not used

26.Not used

27.Not used

28.Not used

29.Not used

30.Not used

31.Not used

Chapter 3 — General risk and workplace management

Part 3.1  Managing risks to health and safety

32.Application of Part

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 for this regulation:

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 1 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 for this regulation:

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 for this paragraph:

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 subregulation (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 subregulation (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 the purposes of 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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(4)A person conducting a business or undertaking must ensure that records are kept for a period of 7 years of all information, training and instruction provided to a worker in relation to a hazardous chemical to which the worker is likely to be exposed.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

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)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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.

41A.Duty to protect from extremes of heat and cold

A person conducting a business or undertaking must ensure —

(a)that work practices are arranged so that workers are protected from extremes of heat and cold; and

(b)if the workplace is in a structure that, so far as is reasonably practicable, heating and cooling are provided to enable workers to work in a comfortable environment.

Penalty:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

41B.Duty to provide adequate seating

(1)If a worker’s work is done from a sitting position or is of a kind that can be satisfactorily done from a sitting position then the person conducting the business or undertaking must provide and maintain seating —

(a)that is designed having regard to the nature of the work to be performed and the characteristics of the work station; and

(b)that is strongly constructed, stable, comfortable and of suitable size and height for the worker; and

(c)that, if practicable, has a backrest or is otherwise designed to provide back support.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(2)If a worker’s work is done from a standing position and the worker’s work allows the worker to sit from time to time then, so far as is reasonably practicable, the person conducting the business or undertaking must provide and maintain seating so that the worker may sit for the periods when the worker is not working.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(3)For the purposes of subregulations (1) and (2), the person conducting the business or undertaking must have regard to all relevant matters, including the following —

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

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

(c)the size and location of the workplace;

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

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

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

Division 5 — Personal protective equipment

44.Provision to workers and use of personal protective equipment

(1)This regulation applies if personal protective equipment must 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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

Example for this subregulation:

Equipment that has been provided by a labour hire company.

(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 must 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 —

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

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

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

Note for this regulation:

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).

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)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

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 for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

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

Penalty for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

(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 for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

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)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

Division 6 — Remote or isolated work

48.Remote or isolated work

(1A)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.

(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 for this subregulation:

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(3)[not used]

Division 7 — Managing risks from airborne contaminants

49.Ensuring exposure standards for substances and mixtures not exceeded

(1)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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

[(2)-(4)have not come into operation.]

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(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 for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

Division 7A — Protection from tobacco smoke

50A.Terms used

In this Division —

enclosed workplace has the meaning given in regulation 50B;

roof includes a ceiling, and any material —

(a)through which air cannot flow; and

(b)that is used for the same purpose as a ceiling or roof;

smoke has the meaning given in the Tobacco Products Control Act 2006 Glossary;

tobacco product has the meaning given to that term in the Tobacco Products Control Act 2006 glossary;

wall means a wall or any other vertical structure, covering or device, whether fixed or moveable, but does not include a balustrade —

(a)that is 1 metre or less in height; and

(b)of which more than 50% of its total vertical surface is open.

50B.Meaning of enclosed workplace

(1)A workplace or a part of a workplace that has the features mentioned in subregulations (2) and (3) is an enclosed workplace for the purposes of this Division.

(2)An enclosed workplace is covered by a roof or a part of a roof.

(3)An enclosed workplace is configured so that the total vertical surface area of the solid material in the walls is more than 50% of the notional vertical surface area of the place as assessed in accordance with regulation 50C.

(4)The total vertical surface area of the solid material in the walls must be assessed by —

(a)multiplying the following —

(i)the length of each wall under the roof or the part of a roof plus the length of each wall and each section of a wall that is 1 metre or less beyond the perimeter of the roof or the part of a roof when measured horizontally from the perimeter of the roof or the part of the roof;

(ii)the actual height of the walls and wall sections mentioned in subparagraph (i);

and

(b)deducting the total vertical surface area of the open parts of the walls or wall sections mentioned in paragraph (a)(i).

(5)The total vertical surface area of solid material in a wall must be assessed as if each window, door or vertical retractable covering in or adjacent to the wall —

(a)is closed; and

(b)forms part of the wall.

(6)A place is not an enclosed workplace for the purposes of this Division if it is covered by a roof or a part of a roof and is bounded by only —

(a)1 straight wall; or

(b)2 straight walls that are set in an angle of 90 degrees or more.

(7)A part of a workplace may be an enclosed workplace even though —

(a)it is part of a workplace that is not an enclosed workplace; or

(b)it is part of another part of a workplace that is not an enclosed workplace.

50C.Assessment of notional vertical surface area

(1)The notional vertical surface area of a workplace must be assessed by multiplying the following —

(a)the length of the perimeter of the roof, or the part of a roof, covering the workplace;

(b)the average height of the roof, or the part of a roof, covering the workplace.

(2)The notional vertical surface area of a part of a workplace must be assessed by multiplying the following —

(a)the length of the perimeter of the roof, or the part of a roof, covering the part of the workplace;

(b)the average height of the roof, or the part of a roof, covering the part of the workplace.

50D.Persons not to smoke in enclosed workplace

(1)An individual must not smoke in an enclosed workplace.

Penalty for this subregulation: a fine of $7 000.

(2)A person conducting a business or undertaking at an enclosed workplace or a worker at the workplace must not allow an individual to smoke in the workplace.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

50E.Defence to r. 50D: smoking in private vehicle or residence

It is a defence to a charge of an offence under regulation 50D for the person charged to prove that —

(a)the enclosed workplace is —

(i)a vehicle supplied by the person; or

(ii)the person’s residence (not including, in the case of a worker, accommodation provided to the worker by the person conducting a business or undertaking);

and

(b)no other person is present —

(i)who, in the case of a person conducting a business or undertaking, is that person’s employee; or

(ii)who, in the case of a worker, is also a worker at the workplace.

50F.Defence to r. 50D: smoking by actor in a performance

It is a defence to a charge of an offence under regulation 50D for the person charged to prove that the person smoking is an actor, artist or other performer who smokes for the purposes of a performance.

50G.Certain persons to give notice of smoking restrictions

A person conducting a business or undertaking at, or a person with management or control of, an enclosed workplace, must ensure that notice is given or displayed to workers at the workplace to the effect that smoking is prohibited in the workplace.

Penalty:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

50H.Inspectors may require certain persons to extinguish tobacco products

(1)If an inspector has reasonable cause to believe that an individual is smoking in contravention of regulation 50D(1) the inspector may require the person to extinguish the tobacco product that the individual is smoking.

(2)A person must comply with an inspector’s requirement under subregulation (1).

Penalty for this subregulation: a fine of $7 000.

50I.Exposure to secondhand smoke

A person conducting a business or undertaking at, or a person with management or control of, an enclosed workplace, must ensure, so far as is reasonably practicable, that persons at the workplace are not exposed to secondhand smoke or any other tobacco or nicotine by‑product.

Penalty:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

Division 8 — Hazardous atmospheres

51.Managing risks to health and safety

(1A)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.

(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 for this subregulation:

WHS Act — section 19 (see regulation 9).

(2)[not used]

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 (as defined in regulation 51(1A)) at the workplace, in accordance with Part 3.1.

Note for this subregulation:

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

(1A)In this regulation —

flammable or combustible substances includes —

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

(b)gas cylinders, whether empty or full.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(2)[not used]

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 for this regulation:

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this regulation:

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.

Division 11 — Directed medical examinations

55A.Meaning of medical examination notice

In this Division —

medical examination notice has the meaning given in regulation 55B(1).

55B.Regulator may direct medical examination of workers

(1)The regulator may, by written notice (a medical examination notice), direct a person conducting a business or undertaking to arrange, at the expense of the person and within the time specified in the notice, a medical examination of a worker whose name is specified in the notice.

(2)The medical examination notice must specify the purpose of the proposed medical examination.

Note for this regulation:

A decision to issue a medical examination notice is a reviewable decision (see regulation 676).

55C.Worker to choose registered medical practitioner

(1)The regulator must ensure that, before the medical examination is conducted, the worker is advised of the nature of, and the reasons for, the medical examination so that the worker is sufficiently informed for the purposes of making a choice in the selection of a registered medical practitioner.

(2)For the purposes of selecting a registered medical practitioner to conduct the medical examination, the person conducting the business or undertaking must consult with the worker and give the worker a reasonable choice in the selection of the registered medical practitioner.

55D.Person conducting business or undertaking must comply with medical examination notice

(1)A person conducting a business or undertaking must comply with a medical examination notice.

Penalty for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

(2)It is a defence to a charge of an offence under subregulation (1) to prove that the worker who is the subject of the medical examination notice does not —

(a)agree to the selection of the registered medical practitioner; or

(b)consent to undergoing the examination.

55E.Duties of registered medical practitioner conducting examination

(1)A registered medical practitioner who conducts a medical examination for the purposes of a medical examination notice must explain any test results to the worker and give the worker a copy of the test results.

Penalty for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

(2)A registered medical practitioner who conducts a medical examination for the purposes of a medical examination notice must give to the worker a copy of any medical report based on the test results or medical examination.

Penalty for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

(3)A registered medical practitioner who conducts a medical examination for the purposes of a medical examination notice must give a copy of the test results to the regulator.

Penalty for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

(4)A registered medical practitioner who conducts a medical examination for the purposes of a medical examination notice must, on the written request of the examined worker, give the registered medical practitioner’s findings on the examination to another registered medical practitioner who has been nominated by the examined worker.

Penalty for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

55F.Regulator must inform person conducting business or undertaking

The regulator must inform the person conducting a business or undertaking who arranged a medical examination for the purposes of a medical examination notice of —

(a)the outcome of the medical examination; and

(b)any need for remedial action.

55G.Person conducting business or undertaking must ensure confidentiality of medical examination results

A person conducting a business or undertaking must ensure that the results of a medical examination conducted for the purposes of a medical examination notice are treated as confidential records.

Penalty:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

Chapter 4 — Hazardous work

Part 4.1  Noise

56.Meaning of exposure standard for noise

(1)In this Part —

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 subregulation (1) —

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 for this subregulation:

WHS Act — section 19 (see regulation 9).

(2)A person conducting a business or undertaking at a workplace must, so far as is reasonably practicable, ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

[58.Has not come into operation.]

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

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 for this subregulation:

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

Part 4.3 — Confined spaces

Division 1 — Preliminary

62.Confined spaces to which 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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

Division 3 — Duties of person conducting business or undertaking

65.Entry into confined space must comply with 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)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

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 for this subregulation:

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 for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

(3)The person conducting the business or undertaking must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(4)For the purposes of 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 for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 subregulation (2)(d) is completed by the competent person.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

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 for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

(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)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

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 for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

(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 for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

71.Specific control: atmosphere

(1A)In this regulation —

purging means the method used to displace any contaminant from a confined space.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

Notes for this regulation:

1.Regulation 44 applies to the use of personal protective equipment, including the equipment provided under subregulation (2).

2.Regulation 50 applies to airborne contaminants.

(3)[not used]

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

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)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

Note for this regulation:

See Part 3.2 for general provisions relating to first aid, personal protective equipment and emergency plans.

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

Note for this subregulation:

Regulation 44 applies to the use of personal protective equipment, including the equipment provided under this regulation.

76.Information, training and instruction for workers

(1A)In this regulation —

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).

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(2)The person must ensure that a record of all training provided to a relevant worker under this regulation is kept for 2 years.

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(3)[not used]

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 for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(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 for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(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 for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(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 for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

Part 4.4  Falls

78.Management of risk of fall

(1A)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.

(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 for this subregulation:

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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(5)[not used]

79.Specific requirements to minimise risk of fall

(1A)In this regulation —

fall prevention device includes —

(a)a secure fence; and

(b)edge protection; and

(c)working platforms; and

(d)covers.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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.

Notes for this subregulation:

1.See regulation 5 for definitions of fall arrest system and work positioning system.

2.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.

Examples for this subregulation:

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.

(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 for this subregulation:

Regulation 36 applies to the management of risk in relation to this work.

79A.Duties of certain persons as to holes or openings in floors

(1)A person conducting a business or undertaking or a principal contractor at, or a person with management or control of, a workplace must ensure that any hole or opening (other than a lift well, stairwell or vehicle inspection pit) with dimensions of more than 200 mm x 200 mm but less than 2 metres x 2 metres or with a diameter greater than 200 mm but less than 2 metres —

(a)in a floor, other than a concrete floor, of a structure at the workplace is covered with a material that is securely fixed to the floor and is strong enough to prevent persons or things entering or falling through or into the hole or opening; or

(b)in a concrete floor of a structure at the workplace —

(i)has, if reasonably practicable, wire mesh that meets the requirements of subregulation (2); and

(ii)is covered with a material that is securely fixed to the floor and is strong enough to prevent persons or things entering or falling through or into the hole or opening.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(2)The wire in the wire mesh referred to in subregulation (1)(b)(i) must —

(a)be at least 4 mm in diameter; and

(b)have maximum apertures of 75 mm x 75 mm; and

(c)be embedded, at least 200 mm in the edges of the surrounding concrete; and

(d)be embedded either —

(i)in the upper half of the slab with a minimum concrete cover of 20 mm; or

(ii)in the lower half of the slab with a minimum cover of 30 mm.

(3)A person to whom subregulation (1) applies must ensure that —

(a)wire mesh referred to in subregulation (1)(b)(i) —

(i)is not used as a working platform; and

(ii)is only removed for the purposes of installing services in circumstances where the removal takes place immediately before the installation of a service and the only portion removed is the minimum portion required to be removed for the installation;

and

(b)any cover referred to in subregulation (1)(a) or (b)(ii) —

(i)is marked in clearly legible lettering with the words “DANGER — HOLE BENEATH”; and

(ii)is only removed for the purposes of installing services in circumstances where the removal takes place immediately before the installation of a service.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

80.Emergency and rescue procedures

(1A)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.

(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 for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(3)The person must ensure that the emergency procedures are tested so that they are effective.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(4)The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(5)[not used]

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.

Notes for this regulation:

1.See section 43 of the Act.

2.Schedule 3 sets out the high risk work licences and classes of high risk work that are within the scope of each licence. Schedule 4 sets out the qualifications required for a high risk work licence.

82.Exceptions

(1)A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out —

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

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

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

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

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

(i)the person is granted the licence; or

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

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

(2)A person who carries out high risk work involving plant is not required to be licensed if —

(a)the work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant within the workplace; and

(b)the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant.

(3)For the purposes of subregulation (2)(a), moving includes operating the plant in order to load the plant onto, or unload it from, a vehicle or equipment used to move it.

(4)A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if —

(a)the work is limited to setting up or dismantling the crane or hoist; and

(b)the person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work.

Note for this subregulation:

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

(1A)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.

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

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(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)[not used]

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 for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

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

Penalty for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

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

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

(b)in the circumstances referred to in regulation 82(1A)(b) —

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

(ii)has applied for the relevant licence within the period referred to in regulation 82(1A)(b).

Penalty for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

(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 regulations 82(1) and 84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work.

Penalty for this subregulation:

(a)for an individual, a fine of $4 200;

(b)for a body corporate, a fine of $21 000.

(4)A person conducting a business or undertaking at a workplace must keep a record of the written evidence provided —

(a)under subregulation (1) or (2) — for at least 1 year after the high risk work is carried out;

(b)under subregulation (3) — for at least 1 year after the last occasion on which the worker performs the supervision work.

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

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

(c)evidence of the applicant’s age;

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

(e)the class of high risk work licence to which the application relates;

(f)a copy of a certification —

(i)that is held by the applicant in relation to the specified VET course, or each of the specified VET courses, for the high risk work licence applied for; and

(ii)that was issued not more than 60 days before the application is made;

(g)a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law;

(h)a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law;

(i)details of any conviction or finding of guilt declared under paragraph (h);

(j)a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under 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 for this subregulation:

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act, including 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 must 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 1 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 does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal;

(c)the applicant is at least 18 years of age;

(d)the applicant has provided the certification required under regulation 87(2)(f);

(e)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;

or

(c)the notice of satisfactory assessment issued in respect of the certification required under regulation 87(2)(f) is based on an assessment conducted outside of the State.

(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 for this regulation:

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 the purposes of regulation 89(2)(e), the regulator must have regard to all relevant matters, including the following —

(a)any offence under the Act or these regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty;

(b)in relation to any equivalent licence applied for or held by the applicant under the Act or these regulations or under a corresponding WHS law —

(i)any refusal to grant the licence; and

(ii)any condition 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 applicant has entered into under the Act or a corresponding WHS law;

(d)the applicant’s record in relation to any matters arising under the Act or these regulations or under a 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 for this subregulation:

A decision to refuse to grant a licence is a reviewable decision (see regulation 676).

91A.Conditions of licence

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

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

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

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

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

Notes for this subregulation:

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

2.A decision to impose a condition on a licence is a reviewable decision (see regulation 676).

92.Duration of licence

Subject to this Division, a high risk work licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.

93.Licence document

(1)If the regulator grants a high risk work licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.

(2)The licence document must include the following —

(a)the name of the licence holder;

(b)a photograph of the licence holder;

(c)the date of birth of the licence holder;

(d)a copy of the signature of the licence holder or provision for the inclusion of a copy signature;

(e)the class of high risk work licence and a description of the work within the scope of the licence;

(f)the date on which the licence was granted;

(g)the expiry date of the licence.

(3)For the purposes of subregulation (2)(e), if the regulator grants more than 1 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 1 high risk work licence, the regulator may issue to the licence holder 1 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 1st 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 for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(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 for this regulation:

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 notify the regulator of a change of residential address, within 14 days of the change occurring.

Penalty:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

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)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

98.Replacement licence document

(1)A licence holder must notify the regulator as soon as practicable if the licence document is lost, stolen or destroyed.

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(2)If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.

Note for this subregulation:

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

Note for this paragraph:

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act, including 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 licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note for this subregulation:

A decision to refuse to replace a licence document 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)if required by the regulator, a photograph of the applicant in the form required by the regulator;

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

(d)a declaration by the applicant that the applicant has maintained their competency to carry out the high risk work, including by obtaining any reassessment directed under regulation 95.

Note for this subregulation:

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act, including 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.

Notes for this regulation:

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.

2.See section 268 of the Act for offences relating to the giving of false or misleading information under the Act, including these regulations.

104.Provisions relating to renewal of licence

(1)For the purposes of 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 subregulations (2)(d), (3)(c) and (5)), 90, 91A and 92 apply as if a reference in those regulations to the grant of a licence were a reference to the renewal of a licence; and

(c)regulation 91 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence.

(2)The regulator may renew a high risk work licence granted to a person under a corresponding WHS law unless that licence is renewed under that law.

Note for this subregulation:

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 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 1 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 comply with a condition of the licence;

(c)the licence holder has failed to obtain a reassessment of competency directed under regulation 95;

(d)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;

(e)the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body or that was obtained improperly through a breach of a condition of accreditation by the accredited assessor who conducted the competency assessment.

(2)If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for —

(a)a further high risk work licence of the same class; or

(b)another licence under these regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.

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

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

Notes for this regulation:

1.A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see regulation 676).

2.A variation of licence conditions is a reviewable decision (see regulation 676).

107.Matters taken into account

(1)In making a decision under regulation 106, the regulator must have regard to —

(a)any submissions made by the licence holder under regulation 108; and

(b)any advice received from a corresponding regulator.

(2)For the purposes of regulation 106(1)(a), the regulator must have regard to all relevant matters, including the following —

(a)any offence under the Act or these regulations or under a corresponding WHS law, of which the licence holder has been convicted or found guilty;

(b)in relation to any equivalent licence applied for or held by the licence holder under the Act or these regulations or under a corresponding WHS law —

(i)any refusal to grant the licence; and

(ii)any condition 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 the Act or a corresponding WHS law;

(d)the licence holder’s record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.

108.Notice to and submissions by licence holder

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

(a)the proposed suspension or cancellation; and

(b)any proposed disqualification; and

(c)any proposed variation of licence conditions.

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

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

(b)advise the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation, any proposed disqualification and any proposed variation of licence conditions.

109.Notice of decision

(1)The regulator must give the licence holder written notice of a decision under regulation 106 to suspend or cancel a high risk work licence within 14 days after making the decision.

(2)The notice must —

(a)state that the licence is to be suspended or cancelled; and

(b)if the licence is to be suspended, state —

(i)when the suspension begins and ends; and

(ii)the reasons for the suspension; and

(iii)whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends; and

(iv)whether or not the licence holder is disqualified from applying for a further licence during the suspension; and

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

(vi)if licence conditions are to be varied — that the variation will take effect when the suspension ends;

and

(c)if the licence is to be cancelled, state —

(i)when the cancellation takes effect; and

(ii)the reasons for the cancellation; and

(iii)whether or not the licence holder is disqualified from applying for a further licence;

and

(d)if the licence holder is to be disqualified from applying for a further licence, state —

(i)when the disqualification begins and ends; and

(ii)the reasons for the disqualification; and

(iii)whether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends; and

(iv)any other class of high risk work licence or other licence under these regulations the licence holder is disqualified from applying for during the period of suspension or disqualification;

and

(e)state when the licence document must be returned to the regulator.

110.Immediate suspension

(1)The regulator may suspend a high risk work licence on a ground referred to in regulation 106 without giving notice under regulation 108 if satisfied that —

(a)work carried out under the high risk work licence should cease because the work may involve an imminent serious risk to the health or safety of any person; or

(b)a corresponding regulator has suspended an equivalent licence held by the licence holder under this regulation as applying in the corresponding jurisdiction.

(2)If the regulator decides to suspend a licence under this regulation —

(a)the regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and

(b)the suspension of the licence takes effect on the giving of the notice.

(3)The regulator must then —

(a)give notice under regulation 108 within 14 days after giving the notice under subregulation (2); and

(b)make its decision under regulation 106.

(4)If the regulator does not give notice under subregulation (3), the suspension ends at the end of the 14 day period.

(5)If the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 106.

111.Licence holder to return licence document

A licence holder, on receiving a notice under regulation 109, must return the licence document to the regulator in accordance with the notice.

Penalty:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

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.

Division 2 — Accreditation of assessors

Subdivision 1 — Requirement to be accredited

113.Accreditation required to assess competency for high risk work licence

A person who is not an accredited assessor must not —

(a)conduct a competency assessment; or

(b)issue a notice of satisfactory assessment; or

(c)in any other way purport to be an accredited assessor.

Note for this regulation:

See section 43 of the Act.

114.Accredited assessor must act in accordance with accreditation

(1)An accredited assessor must not conduct a competency assessment unless —

(a)the competency assessment relates to a class of high risk work for which the assessor is accredited; and

(b)the accredited assessor conducts the competency assessment for or on behalf of an RTO.

(2)An accredited assessor must not issue a notice of satisfactory assessment unless —

(a)the competency assessment relates to a class of high risk work for which the assessor is accredited; and

(b)the assessor is satisfied that the person being assessed has sufficient knowledge of the English language, both written and oral, to safely do work of that class.

(3)An accredited assessor who conducts a competency assessment must do so in accordance with the conditions of accreditation imposed under regulation 121.

(4)An accredited assessor who issues a notice of satisfactory assessment must do so in accordance with any conditions of accreditation imposed under regulation 121.

(5)Subregulations (1) to (4) do not apply if the regulator is the accredited assessor.

Note for this regulation:

See section 43 of the Act.

Subdivision 2 — Accreditation process

115.Regulator may accredit assessors

The regulator may, under this Division, accredit persons to conduct assessments.

116.Application for accreditation

(1)An application for accreditation 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)any other evidence of the applicant’s identity required by the regulator;

(c)details of the class of high risk work to which the application relates;

(d)evidence that the applicant is qualified to conduct the type of competency assessment in relation to the class of high risk work to which the application relates;

(e)details of any current equivalent accreditation under a corresponding WHS law;

(f)a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law;

(g)details of any conviction or finding of guilt declared under paragraph (f);

(h)a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law;

(i)details of any enforceable undertaking declared under paragraph (h);

(j)if the applicant has previously been refused an equivalent accreditation under a corresponding WHS law, a declaration giving details of that refusal;

(k)if the applicant has previously held an equivalent accreditation under a corresponding WHS law, a declaration —

(i)describing any condition imposed on that accreditation; and

(ii)stating whether or not that accreditation had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any accreditation; and

(iii)giving details of any suspension, cancellation or disqualification.

Note for this subregulation:

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act, including these regulations.

(3)The application must be accompanied by the relevant fee.

117.Additional information

(1)If an application for accreditation does not contain sufficient information to enable the regulator to make a decision whether or not to grant the accreditation, the regulator may ask the applicant to provide additional information.

(2)A request for additional information must —

(a)specify the date (being not less than 28 days after the request) by which the additional information must 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 1 request for additional information under this regulation.

118.Decision on application

(1)Subject to subregulation (3), the regulator must grant an accreditation if satisfied about the matters referred to in subregulation (2).

(2)The regulator must be satisfied that —

(a)the applicant —

(i)is qualified to conduct the competency assessment to which the application relates; and

(ii)is able to conduct the competency assessment to which the application relates competently; and

(iii)is able to ensure compliance with any conditions that will apply to the accreditation;

or

(b)the applicant holds a current equivalent accreditation under a corresponding WHS law.

(2A)For the purposes of subregulation (2)(a)(i), an applicant is qualified to provide the competency assessment if —

(a)the applicant’s competencies, skills and knowledge are in accordance with the Standards for Registered Training Organisations (RTOs) 2015 (Commonwealth); and

(b)the applicant holds a current high risk work licence for the class of high risk work to which the competency assessment relates; and

(c)the applicant has acquired, through training and work experience, the skills necessary to assess a person’s competency to carry out high risk work of that class.

(3)The regulator must refuse to grant an accreditation if satisfied that —

(a)the applicant is disqualified under a corresponding WHS law from holding an equivalent accreditation; 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 accreditation, 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 117, the regulator is taken to have refused to grant the accreditation applied for.

(6)[not used]

Note for this regulation:

A refusal to grant accreditation (including a refusal under subregulation (5)) is a reviewable decision (see regulation 676).

119.Matters to be taken into account

For the purposes of regulation 118(2)(a)(ii) and (iii), the regulator must have regard to all relevant matters, including the following —

(a)any offence under the Act or these regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty;

(b)any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;

(c)in relation to any equivalent accreditation applied for or held by the applicant under the Act or these regulations or under a corresponding WHS law —

(i)any refusal to grant the accreditation; and

(ii)any condition imposed on the accreditation, if granted; and

(iii)any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation;

(d)the applicant’s record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.

120.Refusal to grant accreditation: process

(1)If the regulator proposes to refuse to grant an accreditation, 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 the notice is given), 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 accreditation — consider that submission; and

(b)whether or not the applicant has made a submission — decide whether to grant or refuse to grant the accreditation; and

(c)within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.

Note for this regulation:

A refusal to grant an accreditation is a reviewable decision (see regulation 676).

121.Conditions of accreditation

(1)The regulator may impose any conditions it considers appropriate on an accreditation.

(2)Without limiting subregulation (1), the regulator may impose conditions —

(a)relating to the competency assessments and assessment activities that may be carried out; and

(b)relating to the circumstances in which competency assessments or assessment activities may be carried out; and

(c)requiring the accredited assessor to keep specified information; and

(d)requiring the accredited assessor to give specified information to the regulator.

Notes for this regulation:

1.A person must comply with the conditions of accreditation (see section 45 of the Act).

2.A decision to impose a condition on an accreditation is a reviewable decision (see regulation 676).

122.Duration of accreditation

An accreditation takes effect on the day it is granted and, unless cancelled earlier, expires 3 years after that day.

123.Accreditation document

(1)If the regulator grants an accreditation, it must issue to the applicant an accreditation document in the form determined by the regulator.

(2)An accreditation document must include the following —

(a)the name of the accredited assessor;

(b)the class of high risk work to which the accreditation relates;

(c)any conditions imposed on the accreditation by the regulator;

(d)the date on which the accreditation was granted;

(e)the expiry date of the accreditation.

(3)If an assessor is accredited to conduct a competency assessment in relation to more than 1 class of high risk work, the regulator may issue to the accredited assessor 1 accreditation document in relation to some or all of those classes of high risk work.

(4)If 2 or more of the classes of high risk work referred to in subregulation (3) represent levels of the same type of work, it is sufficient if the accreditation document contains a description of the class of work that represents the highest level.

124.Accreditation document to be available

(1)An accredited assessor must keep the accreditation document available for inspection under the Act.

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(2)An accredited assessor must make the accreditation document available for inspection by any person in relation to whom the assessor is conducting, or is to conduct, a competency assessment.

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(3)Subregulations (1) and (2) do not apply if the accreditation document is not in the accredited assessor’s possession because —

(a)it has been returned to the regulator under regulation 126; or

(b)the accreditation assessor has applied for, but has not received, a replacement accreditation document under regulation 127.

Subdivision 3 — Amendment of accreditation document

125.Changes to information

(1)An accredited assessor must give the regulator written notice of any change to any material particular in any information given at any time by the assessor to the regulator in relation to the accreditation within 14 days after the assessor becomes aware of the change.

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(2)Subregulation (1) applies whether the information was given in the application for grant or renewal of the accreditation or in any other circumstance.

126.Accredited assessor to return accreditation document

If an accreditation is amended, the accredited assessor must return the accreditation document to the regulator for amendment at the written request of the regulator and within the time specified in the request.

Penalty:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

127.Replacement accreditation document

(1)An accredited assessor must notify the regulator as soon as practicable if the accreditation document is lost, stolen or destroyed.

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(2)If an accreditation document is lost, stolen or destroyed an accredited assessor may apply to the regulator for a replacement accreditation document.

Note for this subregulation:

An accreditation holder is required to keep the accreditation document available for inspection (see regulation 124).

(3)An application for a replacement accreditation 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 for this paragraph:

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act, including these regulations.

(b)be accompanied by the relevant fee.

(5)The regulator must issue a replacement accreditation document if satisfied that the original document was lost, stolen or destroyed.

(6)If the regulator refuses to issue a replacement accreditation document, it must give the accredited assessor written notice of this decision, including the reasons for the decision, within 14 days after making the decision.

Note for this subregulation:

A refusal to issue a replacement accreditation document is a reviewable decision (see regulation 676).

128.Voluntary surrender of accreditation

(1)An accredited assessor may voluntarily surrender the accreditation document to the regulator.

(2)The accreditation expires on the surrender of the accreditation document.

Subdivision 4 — Renewal of accreditation

129.Regulator may renew accreditation

The regulator may renew an accreditation on the application of the accredited assessor.

130.Application for renewal

(1)An application for renewal of accreditation must be made in the manner and form required by the regulator.

(2)An application must —

(a)include the information referred to in regulation 116(2); and

Note for this paragraph:

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act, including these regulations.

(b)be accompanied by the relevant fee.

(3)The application must be made before the expiry of the accreditation.

131.Accreditation continues in force until application is decided

If an accredited assessor applies under regulation 130 for the renewal of accreditation, the accreditation is taken to continue in force from the day it would, apart from this regulation, have expired until the accredited assessor is given notice of the decision on the application.

132.Provisions relating to application

For the purposes of this Division —

(a)regulation 117 applies as if a reference in that regulation to an application for accreditation were a reference to an application to renew an accreditation; and

(b)regulations 118 (except subregulation (5)), 119, 121 and 122 apply as if a reference in those regulations to the grant of an accreditation were a reference to the renewal of an accreditation; and

(c)regulation 120 applies as if a reference in that regulation to a refusal to grant an accreditation were a reference to a refusal to renew an accreditation.

Note for this paragraph:

A refusal to renew an accreditation is a reviewable decision (see regulation 676).

Subdivision 5 — Suspension and cancellation

133.Regulator may suspend or cancel accreditation

(1)The regulator may, under this Division —

(a)suspend or cancel an accreditation; and

(b)if suspending an accreditation, vary the conditions of the accreditation, including by imposing different or additional conditions.

(2)If the regulator cancels an accreditation, the regulator may disqualify the accredited assessor from applying for a further accreditation for a specified period.

Note for this regulation:

A decision to suspend or cancel an accreditation, to vary the conditions of an accreditation or to disqualify an accredited assessor from applying for a further accreditation is a reviewable decision (see regulation 676).

134.Suspension or cancellation of accreditation

(1A)In this regulation —

qualified has the same meaning in relation to an accredited assessor as it has in regulation 118 in relation to an applicant for accreditation.

(1)The regulator may suspend or cancel an accreditation if satisfied about 1 or more of the following —

(a)the accredited assessor is no longer qualified to conduct the competency assessment specified in the assessor’s accreditation document;

(b)the accredited assessor is not able to conduct the competency assessment to which the accreditation relates competently;

(c)the accredited assessor has failed to comply with a condition imposed on the accreditation under regulation 121;

(d)the accredited assessor, in the application for the grant or renewal of accreditation 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)[not used]

135.Matters to be taken into account

(1)In making a decision under regulation 133, the regulator must have regard to —

(a)any submissions made by the accredited assessor under regulation 136; and

(b)any advice received from a corresponding regulator.

(2)For the purposes of regulation 134(1)(b) and (c), the regulator must have regard to all relevant matters, including the following —

(a)any offence under the Act or these regulations or under a corresponding WHS law, of which the accredited assessor has been convicted or found guilty;

(b)any enforceable undertaking the accredited assessor has entered into under the Act or a corresponding WHS law;

(c)in relation to any equivalent accreditation applied for or held by the accredited assessor under the Act or these regulations or under a corresponding WHS law —

(i)any refusal to grant the accreditation; and

(ii)any condition imposed on the accreditation, if granted; and

(iii)any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation;

(d)any suspension of a high risk work licence held by the accredited assessor under the Act or these regulations or under a corresponding WHS law;

(e)the accredited assessor’s record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.

136.Notice to and submissions by accredited assessor

Before suspending or cancelling an accreditation, the regulator must give the accreditation 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 accreditation holder that the accreditation 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.

137.Notice of decision

(1)The regulator must give the accredited assessor written notice of a decision under regulation 134 to suspend or cancel the accreditation within 14 days after making the decision.

(2)The notice must —

(a)state that the accreditation is to be suspended or cancelled; and

(b)if the accreditation 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 accredited assessor is required to undergo retraining or reassessment or take any other action before the suspension ends; and

(iv)whether any variation is to be made to the conditions of accreditation; and

(v)whether or not the accredited assessor is disqualified from obtaining a further accreditation during the suspension;

and

(c)if the accreditation is to be cancelled, state —

(i)when the cancellation takes effect; and

(ii)the reasons for the cancellation; and

(iii)whether or not the accredited assessor is disqualified from applying for a further accreditation;

and

(d)if the accredited assessor is to be disqualified from obtaining a further accreditation, state —

(i)when the disqualification begins and ends; and

(ii)the reasons for the disqualification; and

(iii)whether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the disqualification ends;

and

(e)state when the accreditation document must be returned to the regulator.

138.Immediate suspension

(1)The regulator may suspend an accreditation on a ground referred to in regulation 134 without giving notice under regulation 136 if satisfied that a person may be exposed to an imminent serious risk to the person’s health or safety if the accreditation were not suspended.

(2)If the regulator decides to suspend an accreditation under this regulation —

(a)the regulator must give the accredited assessor written notice of the suspension and the reasons for the suspension; and

(b)the suspension takes effect on the giving of the notice.

(3)The regulator must then —

(a)give notice under regulation 136 within 14 days after giving the notice under subregulation (2); and

(b)make its decision under regulation 134.

(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 accreditation remains suspended until the decision is made under regulation 134.

139.Accredited assessor to return accreditation document

An accredited assessor, on receiving a notice under regulation 137, must return the accreditation document to the regulator in accordance with that notice.

Penalty:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

140.Regulator to return accreditation document after suspension

The regulator must return the accreditation document to the accredited assessor within 14 days after the suspension ends.

Subdivision 6 — Agreements with RTOs

141.Regulator may enter into agreement with RTO

The regulator may enter into an agreement with an RTO to share information to assist the regulator in relation to the accreditation of assessors.

141A.RTO to retain records

(1)If an RTO provides training in high risk work to a person and the person’s competency to do that work is subsequently assessed by an accredited assessor employed or otherwise engaged by the RTO to make that assessment, the RTO must keep all records relating to the training and assessment of the person for 5 years after the assessment is made.

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(2)At the request of an inspector, an RTO must produce records held under subregulation (1).

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

Part 4.6  Demolition work

Division 1 — Not used

142.Not used

Division 2 — Conduct of demolition work

142A.Application of Division

(1)This Division does not apply to demolition work on a structure by a person in the metal fabrication or engineering industry in the course of maintaining, refurbishing, upgrading, modifying or decommissioning plant.

(2)This Division does not apply to demolition work on —

(a)a fence or wall less than 1.8 metres in height; or

(b)a structure less than 2 metres in height.

142B.Requirement to hold Class 1 demolition licence

(1)A person carries out Class 1 demolition work if the person carries out any of the following kinds of demolition work —

(a)work comprising the total demolition or dismantling of a structure that is 10 metres or more in height when measured from the lowest ground level of the structure to the highest part of the structure;

(b)work —

(i)comprising the partial demolition or dismantling of a structure that is 10 metres or more in height when measured from the lowest ground level of the structure to the highest part of the structure; and

(ii)affecting the structural integrity of the structure;

(c)work —

(i)comprising demolition work on a structure; and

(ii)involving the use of load shifting equipment on a suspended floor;

(d)work comprising demolition work on pre‑tensioned or post‑tensioned structural components of a structure;

(e)work comprising demolition work on a structure containing precast concrete elements erected by the tilt‑up method of construction;

(f)work involving the removal of key structural members of a structure so that the whole or a part of the structure collapses;

(g)work done to a structure involving explosives;

(h)work comprising demolition work on a structure that involves the use of a tower crane or any crane with a safe working load greater than 100 tonnes;

(i)work involving the removal of an area of brittle or fragile roofing material in excess of 200 m2 from a structure if any part of the area to be removed is 10 metres or more above the lowest ground level of the structure.

(2)A person must not carry out Class 1 demolition work unless the person, or the person on whose behalf the work is carried out, holds a Class 1 demolition licence.

Note for this subregulation:

See section 43(1) of the Act.

(3)A person who conducts a business or undertaking must not direct or allow a worker to carry out Class 1 demolition work unless the person holds a Class 1 demolition licence.

Note for this subregulation:

See section 43(2) of the Act.

142C.Requirement to hold Class 2 demolition licence

(1)A person carries out Class 2 demolition work if the person carries out demolition work comprising demolition work involving a structure that is less than 10 metres in height when measured from the lowest ground level of the structure to the highest part of the structure, excluding —

(a)demolition work involving a single storey dwelling; or

(b)work of a kind referred to in regulation 142B(1)(c), (d), (e), (f), (g) or (h).

(2)A person must not carry out Class 2 demolition work unless the person, or the person on whose behalf the work is carried out, holds a Class 2 demolition licence.

Note for this subregulation:

See section 43(1) of the Act.

(3)A person who conducts a business or undertaking must not direct or allow a worker to carry out Class 2 demolition work unless the person holds a Class 2 demolition licence.

Note for this subregulation:

See section 43(2) of the Act.

142D.Demolition work must be conducted by competent persons

A person who holds a demolition licence must ensure that every person carrying out demolition work authorised by the licence is a competent person.

Penalty:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

142E.Demolition work must be supervised by nominated supervisor

(1)A person who holds a demolition licence must ensure that demolition work authorised by the licence is supervised by a supervisor who —

(a)is a competent person; and

(b)is nominated to the regulator by the person who holds the demolition licence; and

(c)is approved by the regulator.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(2)The regulator may approve a nominated supervisor only if the person is a competent person.

(3)The person who holds the demolition licence may be the supervisor if the person is an individual.

142F.Regulator to be notified of proposed Class 1 or 2 demolition work in accordance with standard

(1)A person who proposes to carry out Class 1 demolition work or Class 2 demolition work in a manner that would be in accordance with AS 2601 must notify the regulator at least 5 working days before the work is intended to begin.

(2)The notification must be made in the manner and form approved by the regulator and must be accompanied —

(a)by written confirmation of the nominated supervisor that another person will not be allowed to carry out the demolition work unless that person is a competent person; and

(b)by written confirmation of the person who holds a demolition licence —

(i)that the demolition work will be directly supervised by a competent person at all times when the demolition work is being carried out; and

(ii)of the name and qualifications or experience of the person who will conduct the supervision.

(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 in 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).

142G.Application for approval of regulator for proposed Class 1 or 2 demolition work not in accordance with standard

(1)A person who proposes to carry out Class 1 demolition work or Class 2 demolition work but to carry out the work in a manner that would not be in accordance with AS 2601 must, at least 10 working days before the work is intended to begin, apply to the regulator for approval to carry out the work.

(2)The application must be made in the manner and form approved by the regulator and must be accompanied by —

(a)the work plan referred to in AS 2601 in respect of the demolition work; and

(b)such other information as the regulator requires to consider the application.

142H.Regulator’s functions as to application under r. 142G

(1)The regulator must acknowledge the receipt of an application under regulation 142G within 10 days of receiving the application.

(2)The acknowledgment must be given to the applicant in writing and must include 1 of the following —

(a)advice to the effect that the demolition work has not been approved by the regulator;

(b)advice to the effect that the demolition work has been approved by the regulator without conditions;

(c)advice to the effect that the demolition work has been approved by the regulator on conditions imposed or to be imposed by the regulator.

(3)The regulator may impose any condition that the regulator thinks is necessary in relation to any work health and safety matter in respect of demolition work that is the subject of an application under regulation 142G.

(4)However, if the regulator imposes a condition then it must be communicated to the applicant within 50 days from the day of the acknowledgment.

(5)If the regulator does not make a decision in relation to the application within 120 days after receiving the application, the regulator is taken to have refused to approve the demolition work.

Notes for this regulation:

1.A decision to approve demolition work subject to conditions (see subregulation (2)(c)) is a reviewable decision (see regulation 676).

2.A refusal to approve demolition work (including under subregulation (5)) is a reviewable decision (see regulation 676).

142I.Class 1 or 2 demolition work not to be done without notification or approval or until conditions set

A person must not carry out Class 1 demolition work or Class 2 demolition work unless —

(a)in the case of work to be carried out in accordance with AS 2601, the regulator has been notified in accordance with regulation 142F; or

(b)in the case of work that is not to be carried out in accordance with AS 2601, the regulator has approved the work under regulation 142H and conditions imposed or to be imposed by the regulator have been communicated to the person who applied for the approval.

Penalty:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

142J.Demolition work other than Class 1 or 2 demolition work to be in accordance with standard

(1)A person who, at a workplace where demolition work other than Class 1 demolition work or Class 2 demolition work is being carried out, is a person conducting a business or undertaking or a principal contractor must ensure, subject to subregulation (2), that the work is carried out in accordance with AS 2601.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(2)For the purposes of subregulation (1) it is not necessary for a person referred to in that subregulation to ensure that the work plan required to be prepared under AS 2601 is submitted to the regulator for approval.

142K.Class 1 or 2 demolition work to be in accordance with standard or approval

(1)A person who holds a demolition licence must ensure, subject to subregulation (2), that any Class 1 demolition work or Class 2 demolition work that is to be carried out in accordance with AS 2601 and which is carried out by the person is done in accordance with AS 2601.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(2)For the purposes of subregulation (1) it is not necessary for a person referred to in that subregulation to ensure that the work plan required to be prepared under AS 2601 is submitted to the regulator for approval.

(3)A person who holds a demolition licence must ensure, in relation to any Class 1 demolition work or Class 2 demolition work that is not to be carried out in accordance with AS 2601 and which is carried out by the person, that —

(a)the work is carried out in accordance with the regulator’s approval to carry out the work under regulation 142H; and

(b)there is compliance with each condition (if any) imposed by the regulator in relation to the approval to carry out the work.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

142L.Documents to be kept at demolition workplace

(1)A person who holds a demolition licence must ensure that at all times when Class 1 demolition work or Class 2 demolition work is being carried out under the demolition licence at a workplace, there is kept at the workplace —

(a)a copy of the notification or approval, as the case requires, and each condition (if any) imposed by the regulator, in relation to the work; and

(b)a copy of AS 2601; and

(c)a copy of the work plan referred to in AS 2601.

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

(2)A person who, at a workplace where demolition work other than Class 1 demolition work or Class 2 demolition work is being carried out, is a person conducting a business or undertaking or a principal contractor must ensure that at all times when the work is being carried out, there is kept at the workplace —

(a)a copy of AS 2601; and

(b)a copy of the work plan referred to in AS 2601.

Penalty for this subregulation:

(a)for an individual, a fine of $1 450;

(b)for a body corporate, a fine of $7 000.

142M.Requirements for scaffold used in demolition work

(1)A person conducting a business or undertaking or a principal contractor at, or a person with management or control of, a workplace must ensure that any scaffold involved in demolition work, other than Class 1 demolition work or Class 2 demolition work, at the workplace —

(a)is a heavy duty scaffold that meets the requirements of AS/NZS 1576.1:2019 (Scaffolding — General Requirements); and

(b)is erected to the full height of the structure; and

(c)has a closely boarded platform with a minimum width of 1 metre that abuts on the face of the structure at the working level; and

(d)has a fender board not less than 900 mm high fitted on the outer edge and on the ends of the working platform; and

(e)has the external face and ends sheathed with a fire retardant material and wire mesh that has wires that are at least 3 mm in diameter and with apertures not greater than 50 mm x 50 mm; and

(f)is maintained in position and in an effective state up to the working level of the scaffold for the whole of the period during which the demolition work is being carried out; and

(g)is progressively dismantled so that the unsupported part of the scaffold does not exceed by more than 4 metres the height of the last row of ties that secure the scaffold to the structure.

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(2)A licence holder must ensure that any scaffold involved in Class 1 demolition work or Class 2 demolition work that the person is carrying out at a workplace complies with subregulation (1)(a) to (g).

Penalty for this subregulation:

(a)for an individual, a fine of $7 000;

(b)for a body corporate, a fine of $35 000.

(3)A person does not commit an offence under subregulation (1) or (2) if, proof of which is on the person, the scaffold is otherwise in accordance with any approval of, or a condition imposed by, the regulator in relation to the demolition work.

Part 4.6A — Licensing of demolition work

Division 1 — Licensing process

142N.Application for demolition licence

(1)An application for a demolition 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 address of the applicant;

(b)if required by the regulator of an applicant who is an individual — a photograph of the applicant in the form required by the regulator;

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

(d)the class of licence to which the application relates;

(e)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;

(f)if the applicant is an individual —

(i)a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law; and

(ii)a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; and

(iii)details of any enforceable undertaking declared under subparagraph (ii);

(g)if the applicant is an individual who has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal;

(h)if the applicant is an individual who 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;

(i)if the applicant is a body corporate, the information referred to in paragraphs (f) to (h) in relation to —

(i)the body corporate; and

(ii)each officer of the body corporate;

(j)a safety management plan provided in the manner and form approved by the regulator.

Note for this subregulation:

See section 268 of the Act for offences relating to the giving of false or misleading information under the Act, including these regulations.

(3)The applicant may be required to verify, in accordance with regulation 142P, information provided in support of the application under subregulation (1).

(4)The application must be accompanied by the relevant fee.

142O.Nomination of supervisor

(1)An application for a demolition licence under regulation 142N must be accompanied by a nomination of a supervisor under regulation 142E(1)(b).

(2)The nomination must include the following —

(a)the name and address of the nominated supervisor;

(b)evidence to demonstrate the nominated supervisor’s relevant and recent experience in demolition work applicable to the class of demolition licence sought, including investigation, planning and supervising safe methods of the demolition work;

(c)2 written references to verify the demolition work experience of the nominated supervisor, provided in the manner and form approved by the regulator;

(d)evidence the nominated supervisor has been trained in safe methods of demolition work by an RTO.

142P.Regulator may request examination

(1)For the purposes of regulation 142N(3), the regulator may require the nominated supervisor to complete an examination to verify information provided in support of the application under regulation 142N(1).

(2)The examination must be conducted in a manner and form approved by the regulator.

142Q.Additional information

(1)If an application for a demolition 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 must 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 1 request for additional information.

142R.Decision on application

(1)Subject to subregulation (2), the regulator must grant a demolition licence if satisfied about the following —

(a)the application has been made in accordance with these regulations;

(b)if the applicant is an individual, the applicant —

(i)resides in the State; or

(ii)resides outside the State and circumstances exist that justify the grant of the licence;

(c)if the applicant is a body corporate, the applicant’s registered office —

(i)is located in the State; or

(ii)is located outside the State and circumstances exist that justify the grant of the licence;

(d)the applicant is able to ensure that the work or other activities to which the licence relates are carried out safely and competently;

(e)the applicant is able to ensure compl