Work Health and Safety Act 2020
Work Health and Safety (Mines) Regulations 2022
Western Australia
Work Health and Safety (Mines) Regulations 2022
Contents
Chapter 1 — Preliminary
Part 1.1 — Introductory matters
1.Citation1
2.Commencement1
3.Not used1
4.Not used1
5.Terms used2
5A.Meaning of mine47
5B.Meaning of mining operations47
5C.Meaning of mine operator50
6.Not used50
6A.Corresponding WHS laws prescribed51
7.Meaning of person conducting a business or undertaking: persons excluded51
7A.References to person conducting a business or undertaking include references to mine operators52
8.Meaning of supply52
9.Provisions linked to health and safety duties in Act52
Part 1.2 — Application
10.Regulations generally apply to mines53
11.Application of regulations54
12.Assessment of risk in relation to a class of hazards, tasks, circumstances or things54
Part 1.3 — Incorporated documents
13.Documents incorporated as in force when incorporated54
14.Inconsistencies between provisions55
15.References to standards55
Chapter 2 — Representation and participation
Part 2.1 — Representation
Division 1 — Work groups
16.Negotiations for and determination of work groups56
17.Matters to be taken into account in negotiations56
Division 2 — Health and safety representatives
18.Procedures for election of health and safety representatives57
19.Person conducting business or undertaking must not delay election58
20.Removal of health and safety representatives58
20A.Notice of entry for person assisting health and safety representative59
21.Training for health and safety representatives60
Part 2.2 — Issue resolution
22.Agreed procedure: minimum requirements61
23.Default procedure61
Part 2.3 — Cessation of unsafe work
24.Continuity of engagement of worker63
Part 2.4 — Not used
25.Not used63
26.Not used63
27.Not used63
28.Not used63
29.Not used63
30.Not used63
31.Not used63
Chapter 3 — General risk and workplace management
Part 3.1 — Managing risks to health and safety
32.Application of Part64
33.Specific requirements must be complied with64
34.Duty to identify hazards64
35.Managing risks to health and safety64
36.Hierarchy of control measures65
37.Maintenance of control measures65
38.Review of control measures66
Part 3.2 — General workplace management
Division 1 — Information, training and instruction
39.Provision of information, training and instruction67
Division 2 — General working environment
40.Duty in relation to general workplace facilities68
41.Duty to provide and maintain adequate and accessible facilities69
41A.Duty to protect from extremes of heat and cold70
41B.Duty to provide adequate seating71
Division 3 — First aid
42.Duty to provide first aid71
Division 4 — Emergency plans
43.Duty to prepare, maintain and implement emergency plan73
Division 5 — Personal protective equipment
44.Provision to workers and use of personal protective equipment74
45.Personal protective equipment used by other persons76
46.Duties of worker76
47.Duty of person other than worker77
Division 6 — Remote or isolated work
48.Remote or isolated work77
Division 7 — Managing risks from airborne contaminants
49.Ensuring exposure standards for substances and mixtures not exceeded78
50.Monitoring airborne contaminant levels79
Division 7A — Protection from tobacco smoke
50A.Terms used80
50B.Meaning of enclosed workplace81
50C.Assessment of notional vertical surface area82
50D.Persons not to smoke in enclosed workplace83
50E.Defence to r. 50D: smoking in private vehicle or residence83
50F.Defence to r. 50D: smoking by actor in a performance84
50G.Certain persons to give notice of smoking restrictions84
50H.Inspectors may require certain persons to extinguish tobacco products84
50I.Exposure to secondhand smoke84
Division 8 — Hazardous atmospheres
51.Managing risks to health and safety85
52.Ignition sources85
Division 9 — Storage of flammable or combustible substances
53.Flammable and combustible material not to be accumulated86
Division 10 — Falling objects
54.Management of risk of falling objects86
55.Minimising risk associated with falling objects87
Division 11 — Psychosocial risks
55A.Meaning of psychosocial hazard88
55B.Meaning of psychosocial risk88
55C.Managing psychosocial risks88
55D.Control measures88
Division 12 — Directed medical examinations
55E.Meaning of medical examination notice90
55F.Regulator may direct medical examination of workers90
55G.Worker to choose registered medical practitioner90
55H.Person conducting business or undertaking must comply with medical examination notice91
55I.Duties of registered medical practitioner conducting examination91
55J.Regulator must inform person conducting business or undertaking92
55JA.Person conducting business or undertaking must inform mine operator93
55K.Person conducting business or undertaking must ensure confidentiality of medical examination results93
Chapter 4 — Hazardous work
Part 4.1 — Noise
56.Meaning of exposure standard for noise94
57.Managing risk of hearing loss from noise94
59.Duties of designers, manufacturers, importers and suppliers of plant95
Part 4.2 — Hazardous manual tasks
60.Managing risks to health and safety97
61.Duties of designers, manufacturers, importers and suppliers of plant or structures98
Part 4.3 — Confined spaces
Division 1 — Preliminary
62.Confined spaces to which Part applies100
63.Application to emergency service workers100
63A.Application to mine emergency workers100
Division 2 — Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure
64.Duty to eliminate or minimise risk101
Division 3 — Duties of person conducting business or undertaking
65.Entry into confined space must comply with Division102
66.Managing risks to health and safety102
67.Confined space entry permit103
68.Signage105
69.Communication and safety monitoring105
70.Specific control: connected plant and services106
71.Specific control: atmosphere106
72.Specific control: flammable gases and vapours107
73.Specific control: fire and explosion108
74.Emergency procedures109
75.Personal protective equipment in emergencies110
76.Information, training and instruction for workers111
77.Confined space entry permit and risk assessment must be kept112
Part 4.4 — Falls
78.Management of risk of fall113
79.Specific requirements to minimise risk of fall114
79A.Duties of certain persons as to holes or openings in floors116
80.Emergency and rescue procedures118
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 work119
82.Exceptions119
83.Recognition of high risk work licences in other jurisdictions121
84.Duty of person conducting business or undertaking to ensure direct supervision121
85.Evidence of licence: duty of person conducting business or undertaking122
Subdivision 2 — Licensing process
86.Not used124
87.Not used124
88.Not used124
89.Not used124
90.Not used124
91.Not used124
91A.Not used124
92.Not used124
93.Not used124
94.Licence document to be available124
95.Not used125
Subdivision 3 — Not used
96.Not used125
97.Not used125
98.Not used125
99.Not used125
Subdivision 4 — Not used
100.Not used125
101.Not used125
102.Not used125
103.Not used125
104.Not used125
105.Not used125
Subdivision 5 — Not used
106.Not used126
107.Not used126
108.Not used126
109.Not used126
110.Not used126
111.Not used126
112.Not used126
Division 2 — Not used
113.Not used126
114.Not used126
115.Not used126
116.Not used126
117.Not used126
118.Not used126
119.Not used126
120.Not used126
121.Not used126
122.Not used126
123.Not used126
124.Not used126
125.Not used127
126.Not used127
127.Not used127
128.Not used127
129.Not used127
130.Not used127
131.Not used127
132.Not used127
133.Not used127
134.Not used127
135.Not used127
136.Not used127
137.Not used127
138.Not used127
139.Not used127
140.Not used127
141.Not used127
141A.Not used127
Part 4.6 — Demolition work
Division 1 — Not used
142.Not used128
Division 2 — Conduct of demolition work
142A.Application of Division128
142B.Requirement to hold Class 1 demolition licence128
142C.Requirement to hold Class 2 demolition licence129
142D.Demolition work must be conducted by competent persons130
142E.Demolition work must be supervised by nominated supervisor130
142F.Regulator to be notified of proposed Class 1 or 2 demolition work in accordance with standard131
142G.Application for approval of regulator for proposed Class 1 or 2 demolition work not in accordance with standard132
142H.Regulator’s functions as to application under r. 142G132
142I.Class 1 or 2 demolition work not to be done without notification or approval or until conditions set133
142J.Demolition work other than Class 1 or 2 demolition work to be in accordance with standard134
142K.Class 1 or 2 demolition work to be in accordance with standard or approval134
142L.Documents to be kept at demolition workplace135
142M.Requirements for scaffold used in demolition work136
Part 4.6A — Licensing of demolition work
Division 1 — Licensing process
142N.Application for demolition licence138
142O.Not used138
142P.Not used138
142Q.Not used138
142R.Not used138
142S.Not used138
142T.Not used138
142U.Not used138
142V.Not used138
142W.Not used138
142X.Licence document to be available139
Division 2 — Not used
143.Not used139
143A.Not used139
143B.Not used139
143C.Not used139
143D.Not used139
143E.Not used139
143F.Not used139
143G.Not used139
143H.Not used139
Division 3 — Not used
143I.Not used140
143J.Not used140
143K.Not used140
143L.Not used140
143M.Not used140
Division 4 — Not used
143N.Not used140
143O.Not used140
143P.Not used140
143Q.Not used140
143R.Not used140
143S.Not used140
143T.Not used140
Part 4.7 — General electrical safety in workplaces and energised electrical work
Division 1 — Preliminary
144.Meaning of electrical equipment141
145.Meaning of electrical installation141
146.Meaning of electrical work141
146A.References to electricity distributor in AS/NZS 3012:2010141
Division 2 — General risk management
147.Risk management142
Division 3 — Electrical equipment and electrical installations
148.Electrical equipment and electrical installations to which Division applies142
149.Unsafe electrical equipment142
150.Inspection and testing of electrical equipment143
151.Untested electrical equipment not to be used145
Division 4 — Electrical work on energised electrical equipment
152.Electrical work145
153.Work in roof spaces146
154.Not used148
155.Not used148
156.Not used148
157.Not used148
158.Not used148
159.Not used148
160.Not used148
161.Not used148
162.Not used148
Division 5 — Electrical equipment and installations and construction work: additional duties
163.Duty of person conducting business or undertaking149
Division 6 — Residual current devices
164.Use of socket outlets in hostile operating environment149
165.Testing of residual current devices151
Division 7 — Overhead and underground electric lines
166.Duty of person conducting a business or undertaking: underground electric lines151
166A.Duty of person conducting a business or undertaking: overhead electric lines152
Part 4.8 — Diving work
Division 1 — Preliminary
167.Purpose of Part153
Division 2 — General diving work: fitness and competence of worker
168.Person conducting business or undertaking must ensure fitness of workers154
169.Certificate of medical fitness154
170.Duty to keep certificate of medical fitness155
171.Competence of worker: general diving work: qualifications155
171A.Competence of worker: general diving work: knowledge and skill156
172.Competence of worker: incidental diving work157
173.Competence of worker: limited scientific diving work157
174.Competence of competent person supervising general diving work158
175.Evidence of competence: duty of person conducting business or undertaking158
Division 3 — Managing risks: general diving work
176.Management of risks to health and safety159
177.Appointment of competent person to supervise diving work160
178.Additional control: dive plan160
179.Dive plan must be complied with161
180.Additional control: dive safety log to be kept162
181.Use of dive safety log163
182.Record keeping164
Division 4 — High risk diving work
183.Duties of person conducting business or undertaking165
184.Duty of worker: competence166
Part 4.9 — Use of power tools on engineered stone products
184A.Use of power tools on engineered stone products166
Part 4.10 — Not used
184B.Not used167
184C.Not used167
184D.Not used167
184E.Not used168
184F.Not used168
184G.Not used168
Chapter 5 — Plant and structures
Part 5.1 — General duties for plant and structures
Division 1 — Preliminary
185.Application of Part to plant169
186.Application of Part to structures169
Division 2 — Duties of persons conducting businesses or undertakings that design plant
187.Provision of information to manufacturer169
188.Hazard identified in design during manufacture170
189.Guarding171
190.Operational controls173
191.Emergency stop controls174
192.Warning devices175
Division 3 — Duties of persons conducting businesses or undertakings that manufacture plant
193.Control of risk175
194.Guarding177
195.Information must be obtained and provided178
Division 4 — Duties of persons conducting businesses or undertakings that import plant
196.Information to be obtained and provided by importer178
197.Control of risk179
Division 5 — Duties of persons conducting businesses or undertakings that supply plant
198.Information to be obtained and provided by supplier180
199.Supply of second‑hand plant: duties of supplier180
200.Second‑hand plant to be used for scrap or spare parts181
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 plant181
202.Duties of persons conducting businesses or undertakings that install, construct or commission structures182
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 safety183
Subdivision 2 — Additional control measures for general plant
204.Control of risks arising from installation or commissioning183
205.Preventing unauthorised alterations to or interference with plant184
206.Proper use of plant and controls185
207.Plant not in use186
208.Guarding186
209.Guarding and insulation from heat and cold188
210.Operational controls188
211.Emergency stops190
212.Warning devices190
213.Maintenance and inspection of plant191
Subdivision 3 — Additional control measures for certain plant
214.Powered mobile plant: general control of risk192
215.Powered mobile plant: specific control measures192
216.Roll‑over protection on tractors193
217.Not used194
218.Industrial lift trucks194
219.Plant that lifts or suspends loads195
220.Exception: plant not specifically designed to lift or suspend a person197
221.Plant used in connection with tree lopping198
222.Industrial robots199
223.Lasers200
224.Pressure equipment201
225.Scaffolds202
226.Plant with presence‑sensing safeguarding system: records204
Part 5.2 — Additional duties relating to registered plant and plant designs
Division 1 — Application of Part
227.Application of Part205
Division 2 — Duty of person conducting a business or undertaking who designs plant to record plant design
228.Records and information206
229.Record of standards or engineering principles used206
230.Records to be available for inspection207
Division 3 — Duties of a person conducting a business or undertaking
231.Duty of persons conducting businesses or undertakings that manufacture plant208
232.Duty of persons conducting businesses or undertakings that import plant208
233.Duty of persons conducting businesses or undertakings that supply plant208
234.Duty of persons conducting businesses or undertakings that commission plant209
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 cranes209
236.Lifts211
237.Records of plant212
Subdivision 2 — Not used
238.Not used213
239.Not used213
240.Not used213
241.Not used213
242.Not used213
Part 5.3 — Registration of plant designs and items of plant
Division 1 — Plant designs to be registered
243.Plant design to be registered under Work Health and Safety (General) Regulations 2022 Part 5.3213
244.Altered plant designs to be registered214
245.Recognition of designs registered by corresponding regulator214
Division 2 — Items of plant to be registered
246.Items of plant to be registered215
247.Recognition of plant registered by corresponding regulator215
Division 3 — Registration process for plant designs
248.Application of Division215
249.Who can apply to register a plant design215
250.Not used215
251.Not used216
252.Not used216
253.Not used216
254.Not used216
255.Not used216
256.Not used216
257.Not used216
258.Not used216
259.Not used216
260.Not used216
261.Not used216
262.Registration document to be available216
263.Not used217
Division 4 — Registration process for an item of plant
264.Application of Division217
265.Not used217
266.Not used217
267.Not used217
268.Not used217
269.Not used217
270.Not used217
271.Not used217
272.Not used217
273.Not used217
274.Not used217
275.Registration document to be available217
276.Not used218
277.Not used218
278.Not used218
279.Not used218
280.Not used218
Division 5 — Not used
281.Not used218
282.Not used218
283.Not used218
284.Not used218
285.Not used218
286.Not used219
287.Not used219
288.Not used219
Division 6 — Not used
288A.Not used219
288B.Not used219
288C.Not used219
288D.Not used219
Chapter 6 — Construction work
Part 6.1 — Preliminary
289.Meaning of construction work220
290.Meaning of structure221
291.Meaning of high risk construction work222
292.Meaning of construction project223
293.Meaning of principal contractor223
Part 6.2 — Duties of designer of structure and person who commissions construction work
294.Person who commissions work must consult with designer224
295.Designer must give safety report to person who commissions design225
296.Person who commissions project must give information to principal contractor225
Part 6.3 — Duties of person conducting business or undertaking
Division 1 — General
297.Management of risks to health and safety226
298.Security of workplace226
Division 2 — High risk construction work: safe work method statements
299.Safe work method statement required for high risk construction work227
300.Compliance with safe work method statement228
301.Safe work method statement: copy to be given to principal contractor229
302.Review of safe work method statement229
303.Safe work method statement must be kept229
Division 3 — Excavation work
304.Excavation work: underground essential services information230
305.Management of risks to health and safety associated with excavation work232
306.Additional controls: trenches233
Division 4 — Tilt‑up concrete and precast concrete elements
306A.Terms used235
306B.Regulator to be notified of proposed manufacture of concrete panel235
306C.Concrete panels to be designed and made in accordance with standard236
306D.Concrete panel at construction site to be transported, craned, stored and erected in accordance with standard238
306E.Concrete panel at construction site to be temporarily braced in accordance with standard239
306F.Concrete panel to be fixed and temporary bracing to be removed in accordance with standard239
306G.Tilt‑up work at construction site not to be done unless regulator notified under r. 306B240
306H.Documents required at construction site where tilt‑up work done240
306I.Duty of principal contractor etc. to limit entry to construction site area where tilt‑up work being done241
306J.Certain persons to ensure only trained persons manufacture concrete panels242
306K.Certain persons to ensure only trained persons do tilt‑up work other than manufacturing concrete panels242
Part 6.4 — Additional duties of principal contractor
307.Application of Part243
308.Not used243
309.WHS management plan: preparation243
310.WHS management plan: duty to inform244
311.WHS management plan: review245
312.High risk construction work: safe work method statements245
313.Copy of WHS management plan must be kept246
314.Further health and safety duties: specific regulations247
315.Further health and safety duties: specific risks248
Part 6.4A — Duties of local government
315A.Local government to notify regulator of construction work permits248
Part 6.5 — General construction induction training
Division 1 — General construction induction training requirements
316.Duty to provide general construction induction training249
317.Duty to ensure worker has been trained249
318.Recognition of general construction induction training cards issued in other jurisdictions250
Division 2 — Not used
318A.Not used250
319.Not used250
320.Not used250
321.Not used250
322.Not used250
323.Not used250
324.Not used250
325.Not used251
Division 3 — Duties of workers
326.Duties of workers251
327.Alteration of general construction induction training card252
Chapter 7 — Hazardous chemicals
Part 7.1 — Hazardous chemicals
Division 1 — Application
328.Application253
Division 2 — Obligations relating to safety data sheets and other matters
Subdivision 1 — Obligations of manufacturers and importers
329.Classification of hazardous chemicals255
330.Manufacturer or importer to prepare and provide safety data sheets255
331.Safety data sheets: research chemical, waste product or sample for analysis257
332.Emergency disclosure of chemical identities to registered medical practitioner257
333.Emergency disclosure of chemical identities to emergency workers258
334.Packing hazardous chemicals258
335.Labelling hazardous chemicals258
Subdivision 2 — Obligations of suppliers
336.Restriction on age of person who can supply hazardous chemicals260
337.Retailer or supplier packing hazardous chemicals261
338.Supplier labelling hazardous chemicals261
339.Supplier to provide safety data sheets262
340.Supply of prohibited and restricted carcinogens263
Subdivision 3 — Obligations of persons conducting businesses or undertakings
341.Labelling hazardous chemicals: general requirement264
342.Labelling hazardous chemicals: containers265
343.Labelling hazardous chemicals: pipe work267
344.Person conducting business or undertaking to obtain and give access to safety data sheets267
345.Changes to safety data sheets270
Division 3 — Register of hazardous chemicals
Subdivision 1 — Hazardous chemicals register
346.Hazardous chemicals register271
Subdivision 2 — Not used
347.Not used272
348.Not used272
Division 4 — Not used
349.Not used272
350.Not used272
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 safety272
352.Review of control measures273
353.Safety signs274
354.Identification of risk of physical or chemical reaction275
355.Specific control: fire and explosion276
356.Keeping hazardous chemicals stable276
Subdivision 2 — Spills and damage
357.Containing and managing spills277
358.Protecting hazardous chemicals from damage278
Subdivision 3 — Emergency plans and safety equipment
359.Fire protection and firefighting equipment279
360.Emergency equipment280
361.Not used280
362.Safety equipment281
Subdivision 4 — Not used
363.Not used281
364.Not used281
365.Not used281
366.Not used281
367.Not used281
Division 6 — Health monitoring
368.Duty to provide health monitoring281
369.Duty to inform of health monitoring282
370.Duty to ensure that appropriate health monitoring is provided283
371.Duty to ensure health monitoring is supervised by registered medical practitioner with experience283
372.Duty to pay costs of health monitoring284
373.Information that must be provided to registered medical practitioner284
374.Duty to obtain health monitoring report285
375.Duty to give health monitoring report to worker286
376.Duty to give health monitoring report to regulator286
377.Duty to give health monitoring report to relevant persons conducting businesses or undertakings286
378.Health monitoring records286
Division 7 — Induction, information, training and supervision
379.Duty to provide supervision287
Division 8 — Prohibition, authorisation and restricted use
380.Using, handling and storing prohibited carcinogens288
381.Using, handling and storing restricted carcinogens288
382.Using, handling and storing restricted hazardous chemicals289
383.Application for authorisation to use, handle or store prohibited and restricted carcinogens289
384.Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens290
385.Changes to information in application to be reported291
386.Regulator may cancel authorisation292
387.Statement of exposure to be given to workers292
388.Records to be kept293
Division 9 — Not used
389.Not used293
390.Not used294
391.Not used294
Part 7.2 — Lead
Division 1 — Lead process
392.Meaning of lead process294
393.Regulator may decide lead process296
394.Meaning of lead risk work297
395.Duty to give information about health risks of lead process297
Division 2 — Control of risk
396.Containment of lead contamination298
397.Cleaning methods298
398.Prohibition on eating, drinking and smoking299
399.Provision of changing and washing facilities299
400.Laundering, disposal and removal of personal protective equipment300
401.Review of control measures301
Division 3 — Lead risk work
402.Identifying lead risk work303
403.Notification of lead risk work304
404.Changes to information in notification of lead risk work305
Division 4 — Health monitoring
405.Duty to provide health monitoring before first commencing lead risk work306
406.Duty to ensure that appropriate health monitoring is provided307
407.Frequency of biological monitoring307
408.Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience309
409.Duty to pay costs of health monitoring310
410.Information that must be provided to registered medical practitioner310
411.Duty to obtain health monitoring report311
412.Duty to give health monitoring report to worker312
413.Duty to give health monitoring report to regulator312
414.Duty to give health monitoring report to relevant persons conducting businesses or undertakings313
415.Removal of worker from lead risk work313
416.Duty to ensure medical examination if worker removed from lead risk work314
417.Return to lead risk work after removal315
418.Health monitoring records316
Chapter 8 — Asbestos
Part 8.1 — Prohibitions and authorised conduct
419.Work involving asbestos or ACM: prohibitions and exceptions318
Part 8.2 — General duty
420.Exposure to airborne asbestos at workplace319
Part 8.3 — Management of asbestos and associated risks
421.Application of Part320
421A.Regulator may direct tests for, or removal of, asbestos at workplace320
422.Asbestos to be identified or assumed at workplace321
423.Analysis of sample322
424.Presence and location of asbestos to be indicated322
425.Asbestos register323
426.Review of asbestos register324
427.Access to asbestos register324
428.Transfer of asbestos register by person relinquishing management or control325
429.Asbestos management plan325
430.Review of asbestos management plan327
Part 8.4 — Management of naturally occurring asbestos
431.Naturally occurring asbestos328
432.Asbestos management plan328
433.Review of asbestos management plan330
434.Training in relation to naturally occurring asbestos330
Part 8.5 — Asbestos at the workplace
Division 1 — Health monitoring
435.Duty to provide health monitoring331
436.Duty to ensure that appropriate health monitoring is provided332
437.Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience332
438.Duty to pay costs of health monitoring333
439.Information that must be provided to registered medical practitioner333
440.Duty to obtain health monitoring report334
441.Duty to give health monitoring report to worker335
442.Duty to give health monitoring report to regulator335
443.Duty to give health monitoring report to relevant persons conducting businesses or undertakings336
444.Health monitoring records336
Division 2 — Training
445.Duty to train workers about asbestos337
Division 3 — Control on use of certain equipment
446.Duty to limit use of equipment338
Part 8.6 — Demolition and refurbishment
447.Application of Part339
448.Review of asbestos register339
449.Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment340
450.Duty to obtain asbestos register340
451.Determining presence of asbestos or ACM340
452.Identification and removal of asbestos before demolition342
453.Identification and removal of asbestos before demolition of residential premises342
454.Emergency procedure343
455.Emergency procedure: residential premises344
456.Identification and removal of asbestos before refurbishment345
457.Refurbishment of residential premises345
Part 8.7 — Asbestos removal work
457A.Application of Part346
458.Duty to ensure asbestos removalist is licensed346
459.Asbestos removal supervisor must be present or readily available347
460.Asbestos removal worker must be trained347
461.Licensed asbestos removalist must keep training records348
462.Duty to give information about health risks of licensed asbestos removal work349
463.Asbestos removalist must obtain register349
464.Asbestos removal control plan349
465.Asbestos removal control plan to be kept and available350
466.Regulator must be notified of asbestos removal351
467.Licensed asbestos removalist must inform certain persons about intended asbestos removal work353
468.Person with management or control of workplace must inform persons about asbestos removal work354
469.Signage and barricades for asbestos removal work355
470.Limiting access to asbestos removal area356
471.Decontamination facilities357
472.Disposing of asbestos waste and contaminated personal protective equipment358
473.Clearance inspection359
474.Clearance certificates360
Part 8.8 — Asbestos removal requiring Class A asbestos removal licence
475.Air monitoring: asbestos removal requiring Class A asbestos removal licence361
476.Action if respirable asbestos fibre level too high363
477.Removing friable asbestos364
Part 8.9 — Asbestos‑related work
478.Application of Part366
479.Uncertainty as to presence of asbestos366
480.Duty to give information about health risks of asbestos‑related work367
481.Asbestos‑related work to be in separate area367
482.Air monitoring368
483.Decontamination facilities369
484.Disposing of asbestos waste and contaminated personal protective equipment370
Part 8.10 — Licensing of asbestos removalists and asbestos assessors
Division 1A — Application
484A.Application of Part371
Division 1 — Asbestos removalists: requirement to be licensed
485.Requirement to hold Class A asbestos removal licence372
486.Exception to requirement to hold Class A asbestos removal licence372
487.Requirement to hold Class B asbestos removal licence372
488.Recognition of asbestos removal licences in other jurisdictions373
Division 2 — Asbestos assessors: requirement to be licensed
489.Requirement to hold asbestos assessor licence374
490.Recognition of asbestos assessor licences in other jurisdictions374
Division 3 — Licensing process
491.Who may apply for a licence374
492.Application for asbestos removal licence or asbestos assessor licence375
493.Not used375
494.Not used375
495.Not used375
496.Not used375
497.Not used375
498.Not used375
499.Not used375
500.Not used375
501.Not used375
502.Not used375
503.Not used375
504.Not used375
505.Licence document to be available375
Division 4 — Not used
506.Not used376
507.Not used376
508.Not used376
509.Not used376
510.Not used376
511.Not used376
512.Not used376
513.Not used376
514.Not used376
Division 5 — Not used
515.Not used376
516.Not used376
517.Not used376
518.Not used377
519.Not used377
Division 6 — Not used
520.Not used377
521.Not used377
522.Not used377
523.Not used377
524.Not used377
525.Not used377
526.Not used377
Division 7 — General
527.Not used377
528.Not used377
529.Work must be supervised by nominated supervisor377
Chapter 9 — Not used
530.Not used378
531.Not used378
532.Not used378
533.Not used378
534.Not used378
535.Not used378
536.Not used378
537.Not used378
538.Not used378
539.Not used378
540.Not used378
541.Not used378
542.Not used378
543.Not used378
544.Not used378
545.Not used378
546.Not used378
547.Not used379
548.Not used379
549.Not used379
550.Not used379
551.Not used379
552.Not used379
553.Not used379
554.Not used379
555.Not used379
556.Not used379
557.Not used379
558.Not used379
559.Not used379
560.Not used379
561.Not used379
562.Not used379
563.Not used379
564.Not used379
565.Not used379
566.Not used379
567.Not used379
568.Not used380
569.Not used380
570.Not used380
571.Not used380
572.Not used380
573.Not used380
574.Not used380
575.Not used380
576.Not used380
577.Not used380
578.Not used380
579.Not used380
580.Not used380
581.Not used380
582.Not used380
583.Not used380
584.Not used380
585.Not used380
586.Not used380
587.Not used380
588.Not used380
589.Not used381
590.Not used381
591.Not used381
592.Not used381
593.Not used381
594.Not used381
595.Not used381
596.Not used381
597.Not used381
598.Not used381
599.Not used381
600.Not used381
601.Not used381
602.Not used381
603.Not used381
604.Not used381
605.Not used381
606.Not used381
607.Not used381
608.Not used381
Chapter 10 — Mines
Part 10.1 — Preliminary
608A.Terms used382
608B.Regulator may determine who is not contractor for Chapter383
609.Not used383
610.Not used383
611.Not used383
612.Meaning of principal mining hazard383
613.Not used384
614.Not used384
615.Not used384
616.Not used384
Part 10.2 — Managing risks
Division 1 — General requirements
Subdivision 1 — Control of risk
617.Managing risks to health and safety384
618.Review of control measures385
619.Record of certain reviews of control measures: mine operator387
620.Record of certain reviews of control measures: other persons conducting business or undertaking388
Subdivision 2 — Mine safety management system
621.Duty to establish and implement mine safety management system388
621A.General requirements for mine safety management system389
622.Content of mine safety management system390
623.Performance standards and audit394
624.Maintenance395
625.Review395
625A.Consultation requirement for mine safety management system397
Subdivision 2A — Contractors
625B.Duty of mine operator to provide information to contractor397
625C.Duty of contractor to provide information to mine operator398
625D.Contractor to be covered by health and safety plan or mine safety management system398
Subdivision 3 — Information to other mine operators
626.Duty to provide information to other mine operators401
Division 2 — Principal mining hazard management plans
627.Identification of principal mining hazards and conduct of risk assessments402
628.Preparation of principal mining hazard management plan402
629.Review404
Division 3 — Specific control measures — all mines
Subdivision 1 — Operational controls
630.Communication on change of supervisors405
631.Movement of mobile plant406
631A.Inrush hazards407
631B.Geotechnical structures407
631C.Quarry operations408
631D.Managing risks to health and safety in relation to explosives409
631E.Externally‑controlled plant410
632.Prohibited uses411
633.Not used412
634.Minimum age to work at mine412
634A.Inspections412
Subdivision 2 — Air quality and monitoring
635.Temperature and moisture content of air414
635A.Airborne contaminants414
636.Not used415
637.Monitoring airborne contaminant levels415
637A.Requirements if airborne exposure standard for mixture or substance exceeded416
638.Use of devices for air monitoring417
639.Signage relating to air monitoring417
Subdivision 3 — Fitness for work
640.Fatigue418
641.Alcohol and drugs418
Subdivision 3A — Electricity in mines
641A.Managing risks due to electricity418
641B.Records to be kept relating to electricity at mine419
641C.Electrical log books420
641D.Earthing systems420
641E.Trailing cables and reeling cables421
641F.Earth continuity protection and monitoring422
641G.Electrical work to be carried out by licensed persons422
641H.Working in close proximity to uninsulated high voltage conductors or components423
Subdivision 3B — Radiation in mines
641I.Terms used423
641J.Subdivision prevails over Radiation Safety (General) Regulations 1983424
641K.Meaning of radioactive material424
641L.Application of Subdivision425
641M.Pre‑operational monitoring program425
641N.Radiation management plan426
641O.Radioactive waste management plan427
641P.Dose limits428
641Q.Assessment of doses429
641R.Controlled areas and supervised areas430
641S.Designated workers431
641T.Pregnant designated workers432
641U.Notifying results of dose assessment of designated workers432
641V.Approval to remove or dispose of radioactive material433
641W.Approval to use or treat imported radioactive minerals433
641X.Discharges434
641Y.Notifications, reports and records435
Division 4 — Specific control measures — underground mines
Subdivision 1 — All underground mines — operational controls
642.Not used436
642A.Managing risks in underground operations436
643.Connecting workings437
643A.Underground fires438
644.Winding systems438
644A.Ropes440
645.Operation of mine shaft conveyances441
646.Gas or dust explosion442
Subdivision 2 — All underground mines — air quality and ventilation
647.Not used443
648.Air quality — minimum standards for ventilated air443
649.Air quality — monitoring444
650.Requirements if air quality requirements or exposure standards not complied with444
651.Not used445
652.Ventilation system — further requirements446
653.Monitoring and testing of ventilation system447
654.Duty to prepare and implement underground ventilation control plan447
655.Not used449
656.Ventilation plan449
656A.Diesel units450
656B.Exposure standard for diesel particulates451
656C.Additional ventilation requirements for diesel units451
Subdivision 3 — Underground coal mines
657.Coal dust explosion452
658.Spontaneous combustion454
659.Not used454
660.Not used454
661.Not used454
662.Not used454
663.Additional requirements relating to methane454
Division 5 — Emergency management
Subdivision 1 — Emergency plan — all mines
664.Duty to prepare emergency plan456
665.Consultation in preparation of emergency plan457
666.Not used458
667.Copies of emergency plan to be kept and provided458
668.Resources for emergency plan459
669.Testing of emergency plan459
670.Review of emergency plan460
670A.Training of workers460
Subdivision 1A — Mine emergency workers — all mines
670B.Mine emergency workers460
Subdivision 2 — Underground mines
671.Emergency exits461
672.Communication, safe escape and refuge462
673.Signage for refuges463
674.Self‑rescuers463
674A.First aid and rescue equipment464
675.Personal protective equipment for emergencies464
675AA.Competent persons at surface465
Division 6 — Information, training and instruction
675A.Duty to inform workers about mine safety management system465
675B.Duty to provide information, training and instruction466
675BA.Site induction for new workers467
675BB.Duty of persons conducting businesses or undertaking to ensure competency of workers467
675C.Information for visitors468
675D.Review of information, training and instruction468
675E.Records of training468
Part 10.3 — Health management and monitoring
Division 1 — Health management
675EA.Duty to prepare and implement health management plan469
675EB.Duty to provide information on health management plan470
Division 2 — Health monitoring
675F.Health monitoring of workers471
675G.Duty to inform of health monitoring472
675H.Duty to ensure health monitoring is carried out or supervised by registered medical practitioner with experience472
675I.Duty to pay costs of health monitoring473
675J.Duty to provide registered medical practitioner with information473
675K.Health monitoring report474
675L.Person conducting business or undertaking to obtain health monitoring report474
675M.Person conducting business or undertaking to give health monitoring report to mine operator475
675N.Duty to give health monitoring report to worker475
675O.Duty to give health monitoring report to regulator475
675P.Health monitoring reports kept as records476
Part 10.4 — Not used
675Q.Not used476
675R.Not used476
Part 10.5 — Mine survey plans
675RA.Meaning of mine survey plan477
675S.Duty to prepare and maintain mine survey plan477
675T.Not used478
675TA.Minimum requirements for mine survey plans where underground or quarry operations carried out478
675U.Mine survey plans to be available480
675UA.Fatal accident site survey plan480
675UB.Duty to provide mine survey plan when mine closed or suspended481
Part 10.6 — Provision of information to regulator
675UC.Information about commencement of non‑exploration mining operations482
675UD.Information about commencement of additional mining operations484
675UE.Request for further information about commencement of mining operations486
675UF.Information about suspension and lifting of suspension487
675UG.Duty of mine operator to ensure mine is safe and secure during suspension489
675UH.Information about care and maintenance489
675UI.Information about closure of mine491
675UJ.Information about commencement of exploration operations493
675UK.Information about high risk mining activities494
675UL.Acknowledging notice about high risk mining activities496
675V.Duty to notify regulator of reportable incidents497
675W.Quarterly reports498
675X.Duty to notify mine operator of incidents498
Part 10.7 — Mine record
675Y.Mine record499
675Z.Mine record must be kept and available500
675ZA.Mine record to contain inspection records502
Part 10.7A — Positions in relation to mines
Division 1 — Duties to have persons carry out functions of statutory positions
675ZB.Duties of mine operators in relation to statutory positions at mines503
675ZC.Sufficient persons must be appointed for statutory positions504
Division 2 — Mine operator
675ZD.Information about mine operator505
675ZE.Duties of mine operator507
675ZF.Duties of mine operator of exploration mine without workers508
675ZG.Duties of mine operator of mine where non‑exploration operations are carried out without workers508
Division 3 — Site senior executive
675ZH.Mine to have site senior executive509
675ZI.Appointment of site senior executive510
675ZJ.Functions of site senior executive511
675ZK.Information about site senior executive511
Division 4 — Exploration manager
675ZL.Exploration mine to have exploration manager513
675ZM.Appointment of exploration manager514
675ZN.Functions of exploration manager515
675ZO.Information about exploration manager515
Division 5 — Schedule 26 positions
675ZP.Schedule 26 positions, functions and eligibility requirements517
675ZQ.Appointment of persons to Schedule 26 positions517
Division 6 — General provisions about statutory positions
675ZR.Appointment of alternates for key statutory positions518
675ZS.Eligibility of persons in key statutory positions to be appointed to particular positions at other mines519
675ZT.Exemption from requirement to make certain appointments for mine engaged in exploration operations only519
675ZU.Only 1 person appointed to key statutory positions for a mine520
675ZV.Accepting appointments under Part520
675ZW.Recording appointment of persons to statutory positions520
675ZX.Giving false or misleading information or document about eligibility for statutory position521
675ZY.Statutory position‑holder to carry out functions522
Part 10.7B — Statutory certificates
675ZZ.Meaning of applicant522
675ZZA.Schedule 27 sets out statutory certificates522
675ZZB.Applications for statutory certificates522
675ZZC.Grant of statutory certificate523
675ZZD.Replacement statutory certificate524
675ZZE.Suspending or cancelling statutory certificates524
675ZZF.Register of statutory certificates526
Part 10.7C — Assessments and courses for statutory positions and certificates
675ZZG.Regulator to make determination about mining safety legislation for examinations526
675ZZH.Applicable legislation examinations527
675ZZI.Register of persons who pass applicable legislation examinations528
675ZZJ.Approving WHS risk management units for statutory positions and certificates528
675ZZK.Regulator may approve courses for particular statutory positions529
675ZZL.Referral of application for statutory certificate to relevant competence committee529
675ZZM.Relevant competence committee to make determination about mining practice examinations530
675ZZN.Mining practice examinations531
Chapter 11 — General
Part 11.1 — Review of decisions under these regulations
Division 1 — Reviewable decisions
676.Which decisions under these regulations are reviewable532
Division 2 — Internal review
677.Application541
678.Application for internal review541
679.Internal reviewer542
680.Decision of internal reviewer542
681.Decision on internal review543
682.Internal review: reviewable decision continues543
Division 3 — External review
683.Application for external review543
Part 11.2 — Exemptions
Division 1 — General
684.General power to grant exemptions544
685.Matters to be considered in granting exemptions544
Division 2 — High risk work licences
686.High risk work licence: exemption545
687.High risk work licence: regulator to be satisfied about certain matters545
Division 3 — Not used
688.Not used546
689.Not used546
Division 4 — Exemption process
690.Application for exemption546
691.Conditions of exemption546
692.Form of exemption document547
693.Compliance with conditions of exemption547
694.Notice of decision in relation to exemption547
695.Publication of notice of exemption548
696.Notice of refusal of exemption548
697.Amendment or cancellation of exemption548
698.Notice of amendment or cancellation548
Part 11.2A — Competence Advisory Committees
Division 1 — Preliminary
698A.Terms used549
Division 2 — Establishment and functions
698B.Establishment550
698C.Functions550
Division 3 — Membership
698D.Membership of Mining Competence Advisory Committee550
698E.Membership of Surveyors Competence Advisory Committee551
698F.Term of appointment552
698G.Nominations552
698H.Vacation of office553
698I.Deputies553
Division 4 — Practice and procedure
698J.Quorum553
698K.Meetings554
698L.Voting554
698M.Procedures554
Part 11.2B — Mining and Petroleum Advisory Committee
698N.Prescribed bodies (Act, Sch. 1 cl. 23)554
698O.Functions of Mining and Petroleum Advisory Committee relating to mining industry (Act, Sch. 1 cl. 24)555
Part 11.3 — Miscellaneous
699.Incident notification: prescribed serious illnesses556
700.Inspectors’ identity cards557
701.Entry warrant557
702.Not used557
703.Review of decisions under the Act: stay of decision558
704.Confidentiality of information: exception relating to administration or enforcement of other laws558
Part 11.4 — Transitional and savings provisions
705.Terms used559
706.Applications pending determination559
707.Continuation of Board of Examiners in relation to applications for certificates of competency560
708.References to convictions or findings of guilt561
709.Emergency plans561
710.Tobacco smoke underground in underground non‑coal mines561
711.Materials hoists562
712.Concrete placing booms562
713.Reach stackers562
714.Demolition562
715.Residual current devices562
716.Plant registered under MSIR563
717.Plant designs and items of plant not registered under MSIR563
718.Continuation of exemptions from requirements to register plant563
719.Safe work method statements for high risk construction work569
720.Tilt up concrete and precast concrete elements569
721.Additional duties of principal contractors569
722.General construction induction training569
723.Asbestos register569
724.Undertaking asbestos removal work without licence569
725.Licensed asbestos assessors570
726.Information about commencing or recommencing mining operations given before commencement day570
727.Information about suspending mining operations given before commencement day570
728.Information about abandoning mining operations given before commencement day571
729.Exploration operations571
730.Continuation of approvals under MSIR571
731.Establishing and implementing mine safety management system for mines573
732.Contractor’s health and safety management plans573
733.Principal mining hazard management plans574
734.Underground ventilation control plans574
735.Health management plans574
736.Application of MSIR Parts 11, 12 and 14 to mines574
737.Notices of high risk mining activity575
738.References to GHS578
739.Principal employers under MSIA taken to be mine operators578
740.Site senior executives579
741.Exploration managers580
742.Persons appointed to positions under MSIA taken to be appointed to equivalent Schedule 26 positions581
743.Statutory supervisors583
744.Agreements that underground managers need not be appointed584
745.Agreements that quarry managers need not be appointed585
746.Written directives exempting mines from requirement to appoint ventilation officers586
747.Competency certificates587
748.Winding engine driver’s certificates589
749.Exemptions generally590
Schedule 1 — Not used
Schedule 2 — Not used
Schedule 3 — High risk work licences and classes of high risk work
1.Boom‑type elevating work platform600
2.Earthmoving machinery used as crane600
Schedule 4 — High risk work licences: competency requirements
1.Purpose of Schedule601
Schedule 5 — Registration of plant and plant designs
Division 1 — Plant requiring registration of design
1.Items of plant requiring registration of design605
2.Exceptions606
Division 2 — Items of plant requiring registration
3.Items of plant requiring registration606
4.Exceptions607
Schedule 6 — Classification of mixtures
1.Purpose of Schedule608
Schedule 7 — Safety data sheets
1.Safety data sheets: content613
2.Safety data sheets: research chemical, waste product or sample for analysis614
Schedule 8 — Disclosure of ingredients in safety data sheet
1.Purpose of Schedule616
2.Identity of ingredients to be disclosed616
3.Generic names used to disclose identity of ingredients618
4.Disclosing proportions of ingredients619
Schedule 9 — Classification, packaging and labelling requirements
Division 1 — Correct classification
1.Correct classification of a substance, mixture or article620
Division 2 — Correct packing
2.Correctly packing hazardous chemicals620
Division 3 — Correct labelling
3.Labelling hazardous chemicals: general621
4.Labelling hazardous chemicals: small container622
5.Labelling hazardous chemicals: research chemicals or samples for analysis622
6.Labelling hazardous chemicals: decanted or transferred chemicals623
7.Labelling hazardous chemicals: known hazards623
8.Labelling hazardous chemicals: waste products624
9.Labelling hazardous chemicals: explosives624
10.Labelling hazardous chemicals: agricultural and veterinary chemicals625
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
Schedule 19 — Principal mining hazard management plans — matters to be considered
1.Geotechnical structure instability641
2.Inrush of any substance642
3.Mine shafts and winding systems644
4.Roads and other areas where mobile plant operate645
5.Fire and explosion647
6.Gas outbursts at underground coal mines649
7.Spontaneous combustion at underground coal mines649
Schedule 20 — Prohibited uses in mines
Schedule 21 — Not used
Schedule 22 — Matters to be included in emergency plan for a mine
Schedule 23 — High risk mining activities
Schedule 24 — Information to be included in notification of reportable incidents
Schedule 25 — Information to be included in quarterly reports
1.Meaning of relevant incident664
2.Mine operator664
3.The mine664
4.Commodity processed664
5.Number of workers664
6.Number of hours worked664
7.Number of relevant incidents664
8.Number of lost time injuries664
9.Days lost from work665
10.Number of restricted duty days665
11.Number of workers placed on restricted duties665
12.Number of treatment injuries665
13.Number of deaths665
14.Other information665
Schedule 26 — Statutory positions
1.Radiation safety officers666
2.Noise officers666
3.Statutory supervisors667
4.Mine air quality officers669
5.Electrical supervisors669
6.High voltage operators671
7.Underground managers (non‑coal)672
8.Underground managers (coal)672
9.Underground supervisors (non‑coal)673
10.Underground supervisors (coal)674
11.Underground ventilation officers675
12.Authorised mine surveyors (underground)677
13.Winding engine drivers677
14.Quarry managers678
15.Authorised mine surveyors (quarry operation)679
Schedule 27 — Statutory certificates
1.First class mine manager’s certificates for coal mines681
2.First class mine manager’s certificates for non‑coal mines682
3.Quarry manager’s certificates683
4.Underground supervisor’s certificates684
5.Deputy’s certificates for underground coal mines685
6.Restricted quarry manager’s certificates687
7.Authorised mine surveyor’s certificate (grade 1)687
8.Authorised mine surveyor’s certificate (grade 2)688
Notes
Compilation table690
Uncommenced provisions table690
Defined terms
Work Health and Safety Act 2020
Work Health and Safety (Mines) Regulations 2022
Part 1.1 — Introductory matters
These regulations come into operation as follows —
(a)the regulations (other than regulations 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 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).
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 the draft Model Work Health and Safety (Mines) Regulations. These regulations contain modifications of those model regulations for this State and for the mining industry.
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 those model regulations and the Work Health and Safety (General) Regulations 2022. 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 or for the mining industry; and
(b)alphanumeric numbers are used in these regulations for some provisions that are inserted for this State.
3.Alphanumeric numbering used in those model regulations is also used in these regulations.
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;
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;
alternate, for a key statutory position, means a person appointed to be an alternate for the position under regulation 675ZR;
applicable legislation examination, in relation to a statutory position or statutory certificate, means an examination conducted under regulation 675ZZH;
appropriate person, in relation to a statutory position, means a person who, subject to regulation 675ZS, meets the eligibility requirements for the position;
approved form means a form approved by the regulator and published on the regulator’s website;
approved WHS risk management unit, for a statutory certificate or statutory position, has the meaning given in regulation 675ZZJ(1);
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;
Australian university has the meaning given in the Higher Education Act 2004 section 3;
authorised mine surveyor’s certificate (grade 1) means the statutory certificate referred to in Schedule 27 clause 7;
authorised mine surveyor’s certificate (grade 2) means the statutory certificate referred to in Schedule 27 clause 8;
authorised mine surveyor (quarry operation) means a person appointed to the statutory position set out in Schedule 26 clause 15 for a mine;
authorised mine surveyor (underground) means a person appointed to the statutory position set out in Schedule 26 clause 12 for a mine;
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 under the Work Health and Safety (General) Regulations 2022 regulation 319(6);
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;
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, granted under the Work Health and Safety (General) Regulations 2022 regulation 142R;
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, granted under the Work Health and Safety (General) Regulations 2022 regulation 142R;
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, granted under the Work Health and Safety (General) Regulations 2022 regulation 497;
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, granted under the Work Health and Safety (General) Regulations 2022 regulation 497;
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.
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)[not used]
(f)[not used]
(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)[not used]
(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; or
(iii)the demolition of geotechnical structures at a mine;
deputy’s certificate for underground coal mines means the statutory certificate referred to in Schedule 27 clause 5;
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 supervisor means a person appointed to the statutory position set out in Schedule 26 clause 5 for a mine;
electrical work has the meaning given in regulation 146;
eligibility requirements —
(a)for a site senior executive — means the eligibility requirements set out in regulation 675ZI(1); and
(b)for an exploration manager — means the eligibility requirements set out in regulation 675ZM(1); and
(c)for an alternate to a site senior executive — means the eligibility requirements set out in regulation 675ZR(1); and
(d)for a Schedule 26 position — means the eligibility requirements for the position set out in Schedule 26; and
(e)for a Schedule 27 certificate — means the eligibility requirements for the certificate set out in Schedule 27;
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;
exploration manager means a person appointed under regulation 675ZM;
exploration operations —
(a)means any exploration activity, whether offshore or on land; but
(b)does not include the following —
(i)any work involving underground operations;
(ii)removing of any material from trial pits beyond the extent permitted under the tenement conditions;
(iii)remote sensing activity carried out using airborne or satellite mounted equipment (except for ground based activity in support of the remote sensing activity);
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;
externally‑controlled plant —
(a)means plant that is controlled or operated other than by an operator located on or touching the plant; and
(b)includes autonomous, semi‑autonomous and remote‑controlled plant;
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;
first class mine manager’s certificate for coal mines means the statutory certificate referred to in Schedule 27 clause 1;
first class mine manager’s certificate for non‑coal mines means the statutory certificate referred to in Schedule 27 clause 2;
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 has the meaning given in the Work Health and Safety (General) Regulations 2022 regulation 5;
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;
geotechnical structure —
(a)means a structure at a mine constructed by excavating, using or placing 1 or more of the following —
(i)rocks;
(ii)soil;
(iii)mine waste;
(iv)back‑filling material;
(v)tailings;
and
(b)includes the following —
(i)embankments;
(ii)foundations;
(iii)mine waste dumps;
(iv)ore stock piles;
(v)trenches;
(vi)tailings storage facilities;
(vii)underground and surface openings;
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 mining activity means an activity specified in Schedule 23 column 2;
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 granted under the Work Health and Safety (General) Regulations 2022 regulation 89;
high voltage means voltage exceeding 1 000 V a.c. or 1 500 V d.c.;
high voltage operator means a person appointed to the statutory position set out in Schedule 26 clause 6 for a mine;
high voltage vicinity permit has the meaning given in Schedule 26 clause 6(2)(a);
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;
inrush means the rushing into a place of water, slurry, rocks, gases or other substances at a rate that is fast enough to cause harm to persons;
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;
key statutory position means —
(a)a site senior executive; or
(b)an exploration manager; or
(c)if the mine is an underground non‑coal mine — an underground manager (non‑coal); or
(d)if the mine is an underground coal mine — an underground manager (coal); or
(e)if the mine is a mine for which a quarry manager must be appointed under Schedule 26 clause 14 — a quarry manager;
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 under the Work Health and Safety (General) Regulations 2022 regulation 89 to carry out the work; or
(b)in the case of demolition work — the person who is licensed under the Work Health and Safety (General) Regulations 2022 regulation 142R to carry out the demolition work; or
(c)in the case of an asbestos assessor licence — the person who is licensed under the Work Health and Safety (General) Regulations 2022 regulation 497 —
(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 under the Work Health and Safety (General) Regulations 2022 regulation 497;
licensed asbestos assessor means a person who holds an asbestos assessor licence granted under the Work Health and Safety (General) Regulations 2022 regulation 497;
licensed asbestos removalist means a person conducting a business or undertaking who is licensed under the Work Health and Safety (General) Regulations 2022 to carry out Class A asbestos removal work or Class B asbestos removal work;
licensed asbestos removal work means asbestos removal work for which a Class A asbestos removal licence or Class B asbestos removal licence is required;
licensed surveyor has the meaning given in the Licensed Surveyors Act 1909 section 3(1);
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;
but
(c)does not include a winder;
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 12, has the meaning given in regulation 55E;
medical treatment —
(a)means the management or care of a patient; and
(b)includes the following —
(i)the suturing of a wound;
(ii)the treatment of fractures;
(iii)the treatment of bruises by drainage of blood;
(iv)the treatment of second‑ and third‑degree burns;
but
(c)does not include diagnostic procedures, observation, counselling, first aid or therapeutic measures taken solely for preventative purposes;
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)];
mine has the meaning given in regulation 5A;
mine air quality officer means a person appointed to the statutory position set out in Schedule 26 clause 4 for a mine;
mine emergency worker means a person appointed under regulation 670B;
mine operator has the meaning given in regulation 5C;
mineral does not include natural gas or mineral oil in a free state;
mine safety management system, for a mine, means a mine safety management system established for the mine under regulation 621(1);
mine shaft means a partially or fully completed vertical or steeply inclined way or opening into or within a mine —
(a)through which a person or object is lowered; or
(b)that is used for ventilation or similar purposes;
mine shaft conveyance means a conveyance that is connected to a winding system;
Mining Competence Advisory Committee means the Mining Competence Advisory Committee established under regulation 698B(1);
mining operations has the meaning given in regulation 5B;
mining practice examination, for a statutory certificate, means an examination conducted under regulation 675ZZN;
mining safety legislation means —
(a)the Act; and
(b)the Dangerous Goods Safety Act 2004 to the extent that it relates to the storage and use of explosives at mines;
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);
noise officer means a person appointed to the statutory position set out in Schedule 26 clause 2 for a mine;
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)[not used]
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;
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;
psychosocial hazard has the meaning given in regulation 55A;
psychosocial risk has the meaning given in regulation 55B;
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;
quarry —
(a)means a surface mining operation in which mineral, rock or soil is extracted from the earth by excavating into a natural surface gradient; and
(b)includes —
(i)harvesting evaporites; and
(ii)strip mining; and
(iii)extraction of sand, clay and gravel; and
(iv)hydraulic mining;
quarry manager means a person appointed to the statutory position set out in Schedule 26 clause 14 for a mine;
quarry manager’s certificate means the statutory certificate referred to in Schedule 27 clause 3;
quarry operation —
(a)includes —
(i)activities associated with the extraction of soil, minerals or rock from a quarry; and
(ii)roads and waste dumps associated with a quarry;
but
(b)does not include administrative or engineering services or the operation of a treatment plant;
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October;
radiation safety officer means a person appointed to the statutory position set out in Schedule 26 clause 1 for a mine;
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 competence committee means —
(a)in relation to a statutory surveyor certificate or statutory surveyor position — the Surveyors Competence Advisory Committee; or
(b)otherwise — the Mining Competence Advisory Committee;
reportable incident means any of the following that is not a notifiable incident —
(a)an incident that results in illness or injury that requires medical treatment;
(b)a significant seismic event;
(c)extensive subsidence;
(d)an air blast in an underground mine;
(e)an unplanned event that causes only 1 exit from an underground mine to be available for use;
(f)damage to any plant, building or structure so as to impede its safe operations;
(g)damage to, or failure of, any part of a winding system, mine shaft conveyance, mine shaft or shaft plant;
(h)control is lost over a vehicle or other plant, or it unintentionally activates, moves or fails to stop;
(i)plant makes contact with an energised high voltage source;
(j)an accidental ignition or detonation of explosives;
(k)a delayed or fast ignition of explosives;
(l)fly rock from a blast —
(i)is ejected outside the area cleared of people during the blast; or
(ii)lands near a person;
(m)an unplanned immersion of a person in liquid;
(n)a thing in an underground mine spontaneously combusts;
(o)a person is adversely affected by an exposure to a toxic substance, including a gas, fumes, a vapour or poison;
(p)a person loses consciousness because of a workplace incident;
(q)a person attempts suicide at a mine or a place associated with a mine, including at accommodation for a worker at the mine;
(r)a workplace incident that could have caused serious harm to a person, plant or structure;
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;
restricted quarry manager’s certificate means the statutory certificate referred to in Schedule 27 clause 6;
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;
Schedule 26 position has the meaning given in regulation 675ZP(a);
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;
site senior executive, in relation to a mine, means the person appointed to be the site senior executive of the mine under regulation 675ZI;
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;
statutory certificate has the meaning given in regulation 675ZZA(a);
statutory position means —
(a)a site senior executive; or
(b)an exploration manager; or
(c)a Schedule 26 position;
statutory supervisor means a person appointed to the statutory position set out in Schedule 26 clause 3 for a place at a mine;
statutory surveyor certificate means 1 of the following statutory certificates —
(a)authorised mine surveyor’s certificate (grade 1);
(b)authorised mine surveyor’s certificate (grade 2);
statutory surveyor position means 1 of the following statutory positions —
(a)authorised mine surveyor (underground);
(b)authorised mine surveyor (quarry operation);
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;
Surveyors Competence Advisory Committee means the Surveyors Competence Advisory Committee established under regulation 698B(2);
suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use;
suspension, in relation to a mine or part of a mine, means —
(a)all mining operations at the mine or part stop; and
(b)persons are not allowed to enter the mine or part;
TAFE means a college established under the Vocational Education and Training Act 1996 section 35;
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;
underground —
(a)means a void a person can enter that is beneath the natural surface of the earth; and
(b)includes a mine shaft or winze that connects the void to the surface;
underground coal mine means an underground mine where mining operations are carried out in relation to coal;
underground manager (coal) means a person appointed to the statutory position set out in Schedule 26 clause 8 for a mine;
underground manager (non‑coal) means a person appointed to the statutory position set out in Schedule 26 clause 7 for a mine;
underground mine means a mine where underground operations are carried out;
underground non-coal mine means an underground mine that is not an underground coal mine;
underground operations means mining operations that are carried out underground;
underground supervisor (coal) means a person appointed to the statutory position set out in Schedule 26 clause 10 for a mine;
underground supervisor (non‑coal) means a person appointed to the statutory position set out in Schedule 26 clause 9 for a mine;
underground supervisor’s certificate means the statutory certificate referred to in Schedule 27 clause 4;
underground ventilation officer means a person appointed to the statutory position set out in Schedule 26 clause 11 for a mine;
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;
winder —
(a)means plant, other than manually‑powered plant, that is used for winding; but
(b)does not include a lift;
winding means moving, by way of a rope, a mine shaft conveyance to transport a person, object or plant;
winding engine driver means a person appointed to the statutory position set out in Schedule 26 clause 13 for a mine;
winding system —
(a)means a winder and other plant used for winding; and
(b)includes a mine shaft conveyance, ropes, headframe, mine shaft and fittings for the mine shaft conveyance; but
(c)does not include a lift;
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.
[Regulation 5 amended: SL 2022/214 r. 8.]
(1)In these regulations, a mine is a place at which mining operations are carried out.
(2)If mining operations are being carried out in conjunction with one another at 2 or more places, those places constitute 1 mine.
(3)However, the regulator may notify the mine operator in writing that each of those places, or places specified in the notice, are separate mines, and these regulations apply to the places as separate mines accordingly.
5B.Meaning of mining operations
In these regulations —
mining operations —
(a)means any method of working by which the earth or any rock structure, coal seam, stone, fluid, or mineral bearing substance is disturbed, removed, washed, sifted, crushed, leached, roasted, floated, distilled, evaporated, smelted, refined, sintered, pelletised, or dealt with for the purpose of obtaining any mineral or rock from it for commercial purposes or for subsequent use in industry, whether it has been previously disturbed or not; and
(b)includes the following —
(i)exploration operations;
(ii)developmental and construction work associated with opening up or operating a mine;
(iii)the removal and disposal of overburden or waste or residues by mechanical or other means and the stacking, depositing, storage, and treatment of any substance considered to contain any mineral;
(iv)the operation of blast furnaces and direct reduction furnaces;
(v)the operation of privately‑owned railways (other than a railway to which the Rail Safety National Law (WA) Act 2015 applies) to transport ore or other mining products, or to provide related services;
(vi)the transport of ore or other mining products that takes place on a road that is not a road as defined in the Road Traffic (Administration) Act 2008 section 4;
(vii)the crushing, screening, sorting, stacking, loading and handling of ore or other mining products at any rail or road terminal or any loading or transhipment points, including seaports;
(viii)the operation of any support facilities on the minesite, including mine administration offices, workshops and services buildings;
(ix)borefields remote from the minesite but an integral part of the mining operation;
(x)operations by means of which salt or other evaporites are harvested;
(xi)operations by means of which any mineral is recovered from the sea or sea bed or a natural water supply;
(xii)the operation of residential facilities and recreational facilities and the ground used for that purpose, if those facilities are located on a mining tenement and are used solely in connection with mining operations;
(xiii)the operation of any project which is declared by the Governor to be a mining operation under the Mines Safety and Inspection Act 1994 section 6(1);
(xiv)operations undertaken for the environmental rehabilitation of the minesite during production operations and after their completion;
(xv)operations for the care, security and maintenance of a mine and plant at the mine undertaken during any period when production or development operations at the mine are suspended;
(xvi)operations undertaken to leave a mine safe to be closed;
but
(c)does not include the following —
(i)an operation that would otherwise fall within paragraph (b)(vii) if the operation is carried out by a port authority at the port (as those terms are defined in the Port Authorities Act 1999 section 3(1)) that the authority controls or manages;
(ii)steel making plants;
(iii)rolling mills;
(iv)facilities for the manufacture of goods from mining products;
(v)residential facilities or recreational facilities and the ground used for that purpose, if those facilities are not located on a mining tenement and directly associated with mining operations;
(vi)sand, gravel, limestone or rock excavation carried out by or for any State agency or instrumentality or any local government for the use or disposition by that agency, instrumentality or local government;
(vii)excavation activities on private land by and for the use of the owner of the land;
(viii)a place that is not at a mine where externally‑controlled plant at the mine is operated.
In these regulations, a mine operator is a person (including a partnership, syndicate or other association of persons) who —
(a)in relation to a mine where only exploration operations are being carried out — has overall control and supervision of the exploration operations at the mine and the exploration manager appointed for those operations; and
(b)otherwise — is the proprietor, lessee, or occupier of a mine and who has overall control and supervision of the mine and mining operations at the mine.
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.
7A.References to person conducting a business or undertaking include references to mine operators
A reference in these regulations to a person conducting a business or undertaking at a mine includes a reference to the mine operator of the mine.
Notes for this regulation:
1.See section 5 of the Act and regulation 7 for the meaning of person conducting a business or undertaking.
2.The mine operator might also have duties under sections 19, 20 and 21 of the Act.
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.
10.Regulations generally apply to mines
(1)These regulations, other than Part 11.2B, apply to a workplace at a mine.
(2)Regulation 631E(2) also applies to a workplace that is not at a mine, but only to the extent that externally‑controlled plant at the mine is controlled or operated at the workplace.
(3)Part 11.2B applies in relation to the appointment of members to, and the functions of, the Mining and Petroleum Advisory Committee.
(4)However, these regulations do not apply to —
(a)a workplace to which the Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 regulation 3 applies; and
(b)a workplace —
(i)that is a railway to which the Rail Safety National Law (WA) Act 2015 applies; and
(ii)where railway operations as defined in the Rail Safety National Law (WA) section 4(1) are carried out.
Notes for this regulation:
1.In relation to railway operations at a mine on a railway to which the Rail Safety National Law (WA) applies, see the Rail Safety National Law (WA) Act 2015 and the Work Health and Safety (General) Regulations 2022.
2.The Work Health and Safety (General) Regulations 2022 apply to workplaces to which these regulations and the Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 do not apply.
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.
(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
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.
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.
(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.
Chapter 3 — General risk and workplace management
Part 3.1 — Managing risks to health and safety
Note for this Part:
Managing risks to health and safety is also covered in Part 10.2, in particular in regulations 617 to 620.
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.
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.
(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.
Note for this regulation:
Provision of information, training and instruction is also covered in Part 10.2 Division 6 and by the mine safety management system.
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.
Note for this regulation:
See also regulation 635.
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.
(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.
Note for this Part:
Emergency plans are also covered in Part 10.2 Division 5 and by the mine safety management system.
43.Duty to prepare, maintain and implement emergency plan
(1)The mine operator of a mine must ensure that an emergency plan is prepared for the mine, 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 assistance and intervention; and
(v)effective communication between the person authorised by the mine operator to coordinate the emergency response and all persons at the mine;
(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)The mine operator of a mine must maintain the emergency plan for the mine 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 mine operator of the mine must have regard to all relevant matters, including the following —
(a)the nature of the work being carried out at the mine;
(b)the nature of the hazards at the mine;
(c)the size and location of the mine;
(d)the number and composition of the workers and other persons at the mine.
(4)The mine operator of a mine must implement the emergency plan for the mine 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.
Note for this regulation:
See also Part 10.2 Division 5 Subdivision 1.
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.
(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
(1A)In this regulation —
assistance includes rescue, medical assistance and the attendance of emergency service workers or mine emergency 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
Note for this Part:
Managing risks from airborne contaminants is also covered in Part 10.2 Division 3 Subdivisions 2 and 3B and Division 4 Subdivisions 2 and 3 and by the underground ventilation control plan and the health management plan that form part of the mine safety management system.
49.Ensuring exposure standards for substances and mixtures not exceeded
(1)The mine operator of a mine must ensure that no person at the mine 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)If there is no exposure standard for a particular substance or mixture, the mine operator of a mine must ensure that no person at the mine is exposed to 8‑hour time‑weighted average atmospheric concentrations of airborne dust comprising that substance or mixture that exceed —
(a)for respirable dust — 3.0 mg per cubic metre of air;
(b)for inhalable dust — 10.0 mg per cubic metre of air.
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 Workplace Exposure Standards for Airborne Contaminants apply in relation to a concentration referred to in subregulation (2)(a) or (b) as if that concentration were an exposure standard referred to in those Standards.
(4)In subregulation (2) —
8‑hour time‑weighted average has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants;
inhalable has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants;
respirable has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants.
50.Monitoring airborne contaminant levels
(1)The mine operator of a mine must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the mine to which an exposure standard applies if —
(a)the mine operator is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the mine 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)The mine operator of a mine 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)The mine operator of a mine must ensure that the results of air monitoring carried out under subregulation (1) are readily accessible to persons at the mine 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.
Note for this regulation:
See also regulation 637.
Division 7A — Protection from tobacco smoke
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]
(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]
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 — Psychosocial risks
[Heading inserted: SL 2022/214 r. 9.]
55A.Meaning of psychosocial hazard
A psychosocial hazard is a hazard that —
(a)arises from, or relates to —
(i)the design or management of work; or
(ii)a work environment; or
(iii)plant at a workplace; or
(iv)workplace interactions or behaviours;
and
(b)may cause psychological harm (whether or not it may also cause physical harm).
[Regulation 55A inserted: SL 2022/214 r. 9.]
55B.Meaning of psychosocial risk
A psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial hazard.
[Regulation 55B inserted: SL 2022/214 r. 9.]
55C.Managing psychosocial risks
A person conducting a business or undertaking must manage psychosocial risks in accordance with Part 3.1 other than regulation 36.
[Regulation 55C inserted: SL 2022/214 r. 9.]
(1A)In this regulation —
workers’ accommodation means premises to which section 19(4) of the Act applies.
(1)A person conducting a business or undertaking must implement control measures —
(a)to eliminate psychosocial risks so far as is reasonably practicable; and
(b)if it is not reasonably practicable to eliminate psychosocial risks — to minimise the risks so far as is reasonably practicable.
(2)In determining the control measures to implement, the person must have regard to all relevant matters, including —
(a)the duration, frequency and severity of the exposure of workers and other persons to the psychosocial hazards; and
(b)how the psychosocial hazards may interact or combine; and
(c)the design of work, including job demands and tasks; and
(d)the systems of work, including how work is managed, organised and supported; and
(e)the design and layout, and environmental conditions, of the workplace, including the provision of —
(i)safe means of entering and exiting the workplace; and
(ii)facilities for the welfare of workers;
and
(f)the design and layout, and environmental conditions, of workers’ accommodation; and
(g)the plant, substances and structures at the workplace; and
(h)workplace interactions or behaviours; and
(i)the information, training, instruction and supervision provided to workers.
(3)[not used]
Note for this regulation:
WHS Act — section 19 (see regulation 9).
[Regulation 55D inserted: SL 2022/214 r. 9.]
Division 12 — Directed medical examinations
[Heading inserted: SL 2022/214 r. 9.]
55E.Meaning of medical examination notice
In this Division —
medical examination notice has the meaning given in regulation 55F(1).
[Regulation 55E inserted: SL 2022/214 r. 9.]
55F.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).
[Regulation 55F inserted: SL 2022/214 r. 9.]
55G.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.
[Regulation 55G inserted: SL 2022/214 r. 9.]
55H.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.
[Regulation 55H inserted: SL 2022/214 r. 9.]
55I.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 a copy of the test results to the worker.
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 a copy of any medical report based on the test results or medical examination to the worker.
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.
[Regulation 55I inserted: SL 2022/214 r. 9.]
55J.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.
[Regulation 55J inserted: SL 2022/214 r. 9.]
55JA.Person conducting business or undertaking must inform mine operator
(1)This regulation applies if —
(a)the person conducting a business or undertaking at a mine arranged a medical examination for the purposes of a medical examination notice; and
(b)the person conducting the business or undertaking is not the mine operator of the mine.
(2)The person conducting the business or undertaking must inform the mine operator of the mine of —
(a)the outcome of the medical examination; and
(b)any need for remedial action.
Penalty for this subregulation:
(a)for an individual, a fine of $7 000;
(b)for a body corporate, a fine of $35 000.
[Regulation 55JA inserted: SL 2022/214 r. 9.]
55K.Person conducting business or undertaking must ensure confidentiality of medical examination results
Subject to regulation 55JA, 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.
[Regulation 55K inserted: SL 2022/214 r. 9.]
Note for this Part:
See also regulation 675ZZK(1)(b) and Schedule 26 clause 2(3)(a) relating to noise officers.
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.
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.
63A.Application to mine emergency workers
Regulations 67 and 68 do not apply to the entry into a confined space at a mine by a mine emergency worker if, at the direction of the site senior executive, 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.
(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.
(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.
(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 blast hole at a mine, lift well, ore or waste pass with a grizzly at a mine, 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]
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.
(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 the Work Health and Safety (General) Regulations 2022 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 as defined in the Work Health and Safety (General) Regulations 2022 regulation 5 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
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 the Work Health and Safety Regulations 2022 regulation 97; or
(b)the licence holder has applied for, but has not received, a replacement licence document under the Work Health and Safety Regulations 2022 regulation 98.
Division 2 — Conduct of demolition work
(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 approved form and in the manner 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)If an emergency service worker carries out, or proposes to carry out, demolition work at the direction of an emergency service organisation in responding to an emergency, the emergency service organisation must give notice under subregulation (1) as soon as practicable (whether before or after the work is carried out).
(4)If a mine emergency worker carries out, or proposes to carry out, demolition work at the direction of the site senior executive in responding to an emergency, the site senior executive 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 approved form and in the manner 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 under the Work Health and Safety (General) Regulations 2022 regulation 142N.
(2)[not used]
(3)[not used]
(4)[not used]
142X.Licence document to be available
(1)A licence holder must keep the licence document issued under the Work Health and Safety (General) Regulations 2022 regulation 142W 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 the Work Health and Safety (General) Regulations 2022 regulation 143F; and
(b)the licence holder has applied for, but has not received, a replacement licence document under the Work Health and Safety (General) Regulations 2022 regulation 143G.
Part 4.7 — General electrical safety in workplaces and energised electrical work
Note for this Part:
General electrical safety in workplaces and energised electrical work is also covered in Part 10.2 Division 3 Subdivision 3A.
144.Meaning of electrical equipment
In this Part —
electrical equipment includes any component or part of an electrical installation.
145.Meaning of electrical installation
In this Part —
electrical installation has the meaning given in the Electricity (Licensing) Regulations 1991 regulation 3(1).
146.Meaning of electrical work
In this Part —
electrical work has the meaning given in the Electricity (Licensing) Regulations 1991 regulation 4A.
146A.References to electricity distributor in AS/NZS 3012:2010
For the purposes of this Part, a reference in AS/NZS 3012:2010 (Electrical installations — Construction and demolition sites) to an electricity distributor is to be treated as a reference to a person who is a network operator under the Electricity (Network Safety) Regulations 2015 regulation 4(1)(a), (b), (c), (d), (e), (f) or (g).
Division 2 — General risk management
A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with electrical risks at the workplace, in accordance with Part 3.1.
Example for this regulation:
Electrical risks associated with the design, construction, installation, protection, maintenance and testing of electrical equipment and electrical installations at a workplace.
Note for this regulation:
WHS Act — section 19 (see regulation 9).
Division 3 — Electrical equipment and electrical installations
148.Electrical equipment and electrical installations to which Division applies
In this Division, a reference to electrical equipment or an electrical installation in relation to a person conducting a business or undertaking is a reference to electrical equipment or an electrical installation that is under the person’s management or control.
149.Unsafe electrical equipment
(1A)For the purposes of this regulation, electrical equipment or a component of electrical equipment is unsafe if there are reasonable grounds for believing it to be unsafe.
(1)A person conducting a business or undertaking at a workplace must ensure that any unsafe electrical equipment at the workplace —
(a)is disconnected (or isolated) from its electricity supply; and
(b)once disconnected (or isolated) —
(i)is not reconnected until it is repaired or tested and found to be safe; or
(ii)is replaced or permanently removed from use.
Penalty for this subregulation:
(a)for an individual, a fine of $4 200;
(b)for a body corporate, a fine of $21 000.
(2)[not used]
150.Inspection and testing of electrical equipment
(1)A person conducting a business or undertaking at a workplace must ensure that electrical equipment is regularly inspected and tested by a competent person if the electrical equipment is —
(a)supplied with electricity through an electrical socket outlet; and
(b)used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.
Penalty for this subregulation:
(a)for an individual, a fine of $4 200;
(b)for a body corporate, a fine of $21 000.
(2)In the case of electrical equipment that is new and unused at the workplace, the person conducting the business or undertaking —
(a)is not required to comply with subregulation (1); and
(b)must ensure that the equipment is inspected for obvious damage before being used.
Penalty for this subregulation:
(a)for an individual, a fine of $4 200;
(b)for a body corporate, a fine of $21 000.
Note for this subregulation:
However, electrical equipment that is unsafe must not be used (see regulation 149).
(3)The person must ensure that a record of any testing carried out under subregulation (1) is kept until the electrical equipment is —
(a)next tested; or
(b)permanently removed from the workplace or disposed of.
Penalty for this subregulation:
(a)for an individual, a fine of $1 450;
(b)for a body corporate, a fine of $7 000.
(4)The record of testing —
(a)must specify the following —
(i)the name of the person who carried out the testing;
(ii)the date of the testing;
(iii)the outcome of the testing;
(iv)the date on which the next testing must be carried out;
and
(b)may be in the form of a tag attached to the electrical equipment tested.
151.Untested electrical equipment not to be used
A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that electrical equipment is not used if the equipment —
(a)is required to be tested under regulation 150; and
(b)has not been tested.
Penalty:
(a)for an individual, a fine of $4 200;
(b)for a body corporate, a fine of $21 000.
Division 4 — Electrical work on energised electrical equipment
(1)A person who, at a workplace, is a person conducting a business or undertaking at, or a person with management or control of, the workplace must ensure that, before electrical work is carried out on a part of an electrical installation at the workplace, the part —
(a)is tested by a competent person to ascertain whether or not it is energised; and
(b)if it is found to be energised, is de‑energised by a 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.
(2)Subregulation (1)(b) does not apply to electrical work carried out under the Electricity (Licensing) Regulations 1991 regulation 55(2).
(1)In this regulation —
building means a Class 1, Class 2 or Class 10a building as referred to in the Building Regulations 2012;
roof space, of a building —
(a)means the space in the building that is —
(i)immediately under the roof; or
(ii)if there is a ceiling under the roof, or a part of the roof, the space between the roof, or that part of the roof, and the ceiling;
but
(b)does not include a habitable room in the roof space;
service apparatus has the meaning given in the Electricity Act 1945 section 5(1).
(2)A person who, at a workplace, is a person conducting a business or undertaking at, or a person with management or control of, the workplace must ensure that, before work is done in a roof space of a building at the workplace, the building’s electrical installation is de‑energised by a 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.
(3)A worker must not do work in a roof space of a building at a workplace unless the building’s electrical installation is de‑energised by a 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.
(4)If the roof space of a building to which subregulation (2) or (3) applies is divided into separate parts, such that a person cannot move from 1 part of the roof space to another, and each part relates to a separate dwelling, the requirement to de‑energise the building’s electrical installation only applies to the dwelling that relates to the part of the roof space in which the work is to be done.
(5)Subregulations (2) and (3) do not apply to work done by a competent person to test, service or commission an appliance or other equipment in or accessible by means of the roof space (for example, a gas appliance, air conditioner or antenna), to the extent necessary to energise the appliance or equipment, if —
(a)it is necessary to energise the appliance or equipment for the purpose of testing, servicing or commissioning the appliance or equipment; and
(b)a risk assessment has been undertaken in accordance with Part 3.1 by a competent person; and
(c)the competent person referred to in paragraph (b) is satisfied that —
(i)the risks identified by the risk assessment are or can be reduced to as low as reasonably practicable; and
(ii)the work can be carried out safely;
and
(d)if regulation 299 does not apply to the work — a safe work method statement for the work has been prepared in accordance with regulation 299, as if the work were high risk construction work and the place where the work is to be carried out were a construction site.
(6)Subregulations (2) and (3) do not require the de‑energisation of —
(a)service apparatus that is part of a building’s electrical installation; or
(b)a supply cable that is part of a building’s electrical installation if —
(i)the cable is from a solar power system, wind turbine or battery; and
(ii)it is not reasonably practicable to de‑energise the cable;
or
(c)any other part of a building’s electrical installation if it is not reasonably practicable to de‑energise that part.
(7)Subregulations (2) and (3) do not apply to electrical work carried out under the Electricity (Licensing) Regulations 1991 regulation 55(2).
Division 5 — Electrical equipment and installations and construction work: additional duties
163.Duty of person conducting business or undertaking
(1)A person conducting a business or undertaking that includes the carrying out of construction work must comply with AS/NZS 3012:2010 (Electrical installations — Construction and demolition sites).
Penalty 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), AS/NZS 3012:2010 (Electrical installations — Construction and demolition sites) applies as if any term that is defined in that standard and that is also defined in the Act or these regulations has the same meaning as it has in the Act or these regulations.
(3)If any requirement in AS/NZS 3012:2010 (Electrical installations — Construction and demolition sites) deals with the same matter as a requirement under this Part, it is sufficient that the person conducting the business or undertaking complies with the requirement in AS/NZS 3012:2010 as modified by subregulation (2).
Division 6 — Residual current devices
164.Use of socket outlets in hostile operating environment
(1)This regulation applies in the following circumstances —
(a)electrical equipment is used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust;
(b)electrical equipment is moved between different locations in circumstances where damage to the equipment or to a flexible electricity supply cord is reasonably likely;
(c)electrical equipment is frequently moved during its normal use.
(d)[not used]
(2)In a circumstance set out in subregulation (1), a person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that any electrical risk associated with the supply of electricity to the electrical equipment through a socket outlet is minimised by the use of an appropriate residual current device.
Penalty for this subregulation:
(a)for an individual, a fine of $7 000;
(b)for a body corporate, a fine of $35 000.
(3)Without limiting subregulation (2), the residual current device must have a tripping current that does not exceed 30 milliamps if electricity is supplied to the equipment through a socket outlet not exceeding 20 amps.
(4)Subregulation (2) does not apply if the supply of electricity to the electrical equipment —
(a)does not exceed 50 volts alternating current; or
(b)is direct current; or
(c)is provided through an isolating transformer that provides at least an equivalent level of protection; or
(d)is provided from a non‑earthed socket outlet supplied by an isolated winding portable generator that provides at least an equivalent level of protection.
165.Testing of residual current devices
(1)A person with management or control of a workplace must take all reasonable steps to ensure that residual current devices used at the workplace are tested regularly by a competent person to ensure that the devices are operating effectively.
Penalty for this subregulation:
(a)for an individual, a fine of $4 200;
(b)for a body corporate, a fine of $21 000.
(2)The person must keep a record of all testing of a residual current device (other than any testing conducted daily) until the earlier of the following occurs —
(a)the device is next tested;
(b)the device is permanently removed from use.
Penalty for this subregulation:
(a)for an individual, a fine of $1 450;
(b)for a body corporate, a fine of $7 000.
Division 7 — Overhead and underground electric lines
166.Duty of person conducting a business or undertaking: underground electric lines
(1)A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an underground electric line.
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 ensure the safe distance of a person, plant or thing from an underground electric line, the person conducting the business or undertaking at the workplace must ensure that —
(a)a risk assessment is conducted in relation to the proposed work; and
(b)control measures implemented are consistent with —
(i)the risk assessment; and
(ii)if a network operator is responsible for the electric line, any requirements of the network operator.
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:
The Electricity Act 1945 also applies to the person conducting the business or undertaking.
166A.Duty of person conducting a business or undertaking: overhead electric lines
(1)In this regulation —
danger zone means anywhere that —
(a)is within 0.5 metres of a live insulated overhead electric line or aerial bundled conductor line of a voltage of not more than 1 000 volts; or
(b)is within 1.0 metre of a live uninsulated overhead electric line of a voltage of not more than 1 000 volts; or
(c)is within 3.0 metres of a live overhead electric line, whether insulated or not, of a voltage exceeding 1 000 volts but not more than 33 000 volts; or
(d)is within 6.0 metres of a live overhead electric line, whether insulated or not, of a voltage exceeding 33 000 volts.
(2)Subject to subregulation (3), without limiting clause 2.5.6 of AS/NZS 3012:2010 (Electrical installations — Construction and demolition sites), a person conducting a business or undertaking at, or a person with management or control of, a workplace must ensure that a worker or any plant or material used or controlled by a worker does not enter the danger zone of an overhead electric line or aerial bundled conductor line.
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 (2) if, proof of which is on the person —
(a)the overhead electric line has been adequately insulated and effectively cordoned off to protect the safety of persons or otherwise made safe, as the case requires; or
(b)the worker is authorised to carry out electrical work under the Electricity Act 1945.
The purpose of this Part is to impose duties on a person conducting a business or undertaking at a workplace to ensure —
(a)the fitness and competence of persons who carry out general diving work and high risk diving work; and
(b)the health and safety of persons who carry out general diving work and high risk diving work; and
(c)the health and safety of other persons at workplaces where general diving work or high risk diving work is carried out.
Division 2 — General diving work: fitness and competence of worker
168.Person conducting business or undertaking must ensure fitness of workers
(1)A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work or undergo training for general diving work unless the worker holds a current certificate of medical fitness.
Penalty 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 not direct or allow a worker to carry out general diving work or undergo training for diving work unless the work or training complies with any conditions on the current certificate of medical fitness of the worker.
Penalty for this subregulation:
(a)for an individual, a fine of $7 000;
(b)for a body corporate, a fine of $35 000.
169.Certificate of medical fitness
A certificate of medical fitness must —
(a)be issued by a registered medical practitioner with training in underwater medicine; and
(b)state the following —
(i)the name of the person to whom it is issued;
(ii)its date of issue and its expiry date;
(iii)whether or not the person to whom it is issued is, in accordance with the fitness criteria, medically fit to carry out diving work;
(iv)any conditions in relation to the type of diving work the person to whom it is issued is fit to carry out, or the circumstances in which the person is fit to carry out general diving work, including, in the case of a person who is under 18 years of age, any particular conditions applicable to the age of the person.
170.Duty to keep certificate of medical fitness
A person conducting a business or undertaking at a workplace must keep the certificate of medical fitness of a worker who carries out general diving work for 1 year after the work is carried out.
Penalty:
(a)for an individual, a fine of $1 450;
(b)for a body corporate, a fine of $7 000.
171.Competence of worker: general diving work: qualifications
(1A)In this regulation —
AS/NZS 2815 means the following —
(a)AS 2815.1:2021 Training and certification of occupational divers, Part 1: Occupational SCUBA diver;
(b)AS 2815.2:2021 Training and certification of occupational divers, Part 2: Surface supplied diver to 30 m;
(c)AS 2815.3:2021 Training and certification of occupational divers, Part 3: Surface supplied diving to 50 m;
(d)AS 2815.4:2021 Training and certification of occupational divers, Part 4: Closed bell diving;
(e)AS/NZS 2815.5:2013 Training and certification of occupational divers, Part 5: Dive supervisor;
(f)AS/NZS 2815.6:2013 Training and certification of occupational divers, Part 6: Restricted occupational SCUBA;
relevant competencies means the competencies specified in AS/NZS 2815 that are relevant to the type of general diving work to which subregulation (1) applies.
(1)A person must not carry out any type of general diving work unless the person holds a certificate for general diving work, issued by a training organisation, that demonstrates that the person has acquired the relevant competencies for that type of general diving work.
(2)This regulation does not apply in relation to incidental diving work or limited scientific diving work.
(3)[not used]
Note for this regulation:
See section 44 of the Act.
171A.Competence of worker: general diving work: knowledge and skill
(1)A person must not carry out general diving work unless the person has, through training, qualification or experience, acquired sound knowledge and skill in relation to the following —
(a)the application of diving physics;
(b)the use, inspection and maintenance of diving equipment (including emergency equipment) and air supply of the type to be used in the proposed general diving work;
(c)the use of decompression tables or dive computers;
(d)dive planning;
(e)ways of communicating with another diver and with persons at the surface during general diving work;
(f)how to safely carry out general diving work of the type proposed to be carried out;
(g)diving physiology, emergency procedures and first aid.
(2)[not used]
Note for this regulation:
See section 44 of the Act.
172.Competence of worker: incidental diving work
(1A)In this regulation, a person has relevant diving experience if the person has logged at least 15 hours of diving, of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the diving work is to be carried out.
(1)A person must not carry out incidental diving work unless the person —
(a)has the knowledge and skill referred to in regulation 171A; and
(b)has relevant diving experience; and
(c)is accompanied and supervised in the water by a person who has the competencies referred to in regulation 171.
Note for this subregulation:
See section 44 of the Act.
(2)[not used]
173.Competence of worker: limited scientific diving work
(1A)In this regulation, a person has relevant diving experience if the person has logged at least 60 hours of diving of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the limited scientific diving work is to be carried out.
(1)A person must not carry out limited scientific diving work unless the person has —
(a)the training, qualification or experience referred to in regulation 171A; and
(b)if the person is not permanently resident in Australia — relevant diving experience, including relevant diving experience obtained outside Australia.
Note for this subregulation:
See section 44 of the Act.
(2)[not used]
174.Competence of competent person supervising general diving work
A person appointed under regulation 177 must not perform any function associated with that appointment unless the person has —
(a)the qualification specified in regulation 171; and
(b)experience in the type of diving work to be supervised.
Note for this regulation:
See section 44 of the Act.
175.Evidence of competence: duty of person conducting business or undertaking
(1)A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.
Penalty 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 conducting a business or undertaking at a workplace must not direct or allow a person appointed under regulation 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under regulation 174.
Penalty 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 must keep the written evidence given to the person —
(a)under subregulation (1) — for at least 1 year after the diving work is carried out;
(b)under subregulation (2) — for at least 1 year after the last occasion on which the person performs a function associated with the appointment.
Penalty for this subregulation:
(a)for an individual, a fine of $1 450;
(b)for a body corporate, a fine of $7 000.
Division 3 — Managing risks: general diving work
176.Management of risks to health and safety
(1)A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with general diving work, in accordance with Part 3.1.
Note 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 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.
177.Appointment of competent person to supervise diving work
A person conducting a business or undertaking at a workplace must appoint 1 or more competent persons to —
(a)supervise general diving work carried out in the business or undertaking; and
(b)perform other functions under this Division.
Penalty:
(a)for an individual, a fine of $7 000;
(b)for a body corporate, a fine of $35 000.
Note for this regulation:
See regulation 174 for the qualifications of the competent person.
178.Additional control: dive plan
(1)A person conducting a business or undertaking at a workplace must not direct or allow general diving work to be carried out unless a dive plan for the dive —
(a)is prepared by a competent person appointed under regulation 177; or
(b)has been prepared by a competent person appointed under regulation 177 on an earlier occasion for a similar dive.
Penalty for this subregulation:
(a)for an individual, a fine of $7 000;
(b)for a body corporate, a fine of $35 000.
(2)A dive plan must state the following —
(a)the method of carrying out the diving work to which it relates;
(b)the tasks and duties of each person involved in the dive;
(c)the diving equipment, breathing gases and procedures to be used in the dive;
(d)as applicable, dive times, bottom times and decompression profiles;
(e)hazards relating to the dive and measures to be implemented in the control of risks associated with those hazards;
(f)emergency procedures.
179.Dive plan must be complied with
(1)A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that general diving work is carried out in accordance with the dive plan prepared for it.
Penalty 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 must ensure that a competent person appointed by the person under regulation 177 gives workers instruction in relation to the dive plan before commencing the diving work to which the plan relates.
Penalty for this subregulation:
(a)for an individual, a fine of $7 000;
(b)for a body corporate, a fine of $35 000.
180.Additional control: dive safety log to be kept
A person conducting a business or undertaking at a workplace where general diving work is carried out must keep a dive safety log that contains the following information about each dive carried out by a worker —
(a)the name of the worker who carries out the dive;
(b)the name of any other person with whom the dive is carried out;
(c)the name of the competent person appointed under regulation 177 to supervise the diving work;
(d)the date and location of the dive;
(e)the time each diver enters and leaves the water;
(f)the maximum depth of the dive;
(g)any incident, difficulty, discomfort or injury that occurs or is experienced during the dive;
(h)if the dive was carried out using a dive computer — the dive time;
(i)if the dive was carried out using dive tables — the repetitive dive group, if available, and either the bottom time or the dive time;
(j)if the repetitive group and surface interval result in a repetitive factor — the surface interval and the repetitive factor;
(k)if the dive is carried out using EANx —
(i)the oxygen content of the EANx; and
(ii)the maximum operating depth of the EANx;
(l)if the dive is carried out using mixed gas —
(i)the oxygen content and the nitrogen content (if any) of the gas; and
(ii)the maximum operating depth of the mixed gas; and
(iii)the minimum operating depth of the bottom mix.
Penalty:
(a)for an individual, a fine of $1 450;
(b)for a body corporate, a fine of $7 000.
(1A)In this regulation, an event is verified in the dive safety log —
(a)by signing; or
(b)if the log is electronic, by entering the verifier’s unique identifier.
(1)This regulation applies to a person conducting a business or undertaking at a workplace where general diving work is carried out.
(2)The person conducting the business or undertaking must ensure that, after each dive carried out in connection with the general diving work is completed, the return of each diver is verified in the dive safety log, as soon as practicable after the return, by —
(a)the diver; and
(b)a competent person appointed under regulation 177 to supervise the diving work.
Penalty for this subregulation:
(a)for an individual, a fine of $1 450;
(b)for a body corporate, a fine of $7 000.
(3)If workers are carrying out general diving work from a vessel, the person conducting the business or undertaking must ensure that a competent person appointed under regulation 177 to supervise the diving work makes and verifies entries in the dive safety log of the number of workers and other persons on board the vessel —
(a)before the diving work commences; and
(b)before the vessel leaves the location after the diving work is completed.
Penalty 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 conducting the business or undertaking must ensure that the dive safety log is kept for at least 1 year after the last entry is made.
Penalty for this subregulation:
(a)for an individual, a fine of $1 450;
(b)for a body corporate, a fine of $7 000.
(5)[not used]
(1)This regulation applies if a person conducting a business or undertaking prepares —
(a)a risk assessment under regulation 176; or
(b)a dive plan under regulation 178.
(2)Subject to subregulation (3), the person must keep —
(a)a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and
(b)a copy of the dive plan until the work to which it relates is completed.
Penalty 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 dive plan relates, the person must keep the assessment or dive plan (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 dive plan must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out the work to which the assessment or dive plan relates.
Penalty for this subregulation:
(a)for an individual, a fine of $4 200;
(b)for a body corporate, a fine of $21 000.
(5)The person must ensure that, for the period for which the assessment or dive plan must be kept under this regulation, a copy is available for inspection under the Act.
Penalty for this subregulation:
(a)for an individual, a fine of $1 450;
(b)for a body corporate, a fine of $7 000.
Division 4 — High risk diving work
183.Duties of person conducting business or undertaking
A person conducting a business or undertaking at a workplace where high risk diving work is carried out must ensure that the following are in accordance with AS/NZS 2299.1:2015 (Occupational diving operations — Standard operational practice) —
(a)the fitness of persons carrying out the work;
(b)the competence of persons carrying out the work;
Note for this paragraph:
See section 44 of the Act.
(c)the carrying out of the work.
Penalty:
(a)for an individual, a fine of $7 000;
(b)for a body corporate, a fine of $35 000.
184.Duty of worker: competence
A person must not carry out high risk diving work unless the person has the qualifications, knowledge, skills and experience required by AS/NZS 2299.1:2015 (Occupational diving operations — Standard operational practice) for work of the kind to be carried out by the person.
Note for this regulation:
See section 44 of the Act.