Occupational Safety and Health Regulations 1996

Reprinted as at 19 July 2002


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Endnotes, Compilation table, and Table of provisions that have not come into operation

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Reprinted under the Reprints Act 1984 as at 19 July 2002

Western Australia

Occupational Safety and Health Regulations 1996

CONTENTS

Part 1 — Preliminary and interpretation

Division 1 — Preliminary and definitions

1.1.Citation1

1.2.Commencement1

1.3.Definitions1

Division 2 — Interpretation

1.4.Responsibility of employers5

1.5.Responsibility of self‑employed persons6

1.6.Responsibility of main contractors6

1.7.Responsibility of persons having control of a workplace7

1.8.Responsibility of persons having control of access to a workplace7

1.9.References to employees7

1.10.References to workplaces8

1.11.References to “NOHSC”8

1.12.Application of Standards etc.9

1.13.Technical terms9

1.14.AS or AS/NZS reference in Schedule 19

Part 2 — General

Division 1 — Matters prescribed for purposes of the Act

2.1.Prescribed laws for the purposes of section 14(1)(b) of the Act10

2.2.Introductory courses for safety and health representatives10

2.3.Subsequent courses for safety and health representatives13

2.4.Notification under section 19 of certain injuries13

2.5.Notification under section 19 of certain diseases14

2.6.Default procedure for resolution of issues15

2.7.Form of notification of election16

2.8.References of improvement notice or prohibition notice for review and further review16

Division 2 — Administrative provisions

2.9.Marking of plant17

2.10.Local government to notify Commissioner of construction work permits17

2.11.Medical examinations17

2.12.Exemption where substantial compliance19

2.13.Exemption where compliance unnecessary or impracticable19

2.14.Exemption from fees20

Division 3 — Review of decisions under these regulations

2.15.Review of decisions by persons other than Commissioner20

2.16.Review of Commissioner’s decisions21

Part 3 — Workplace safety requirements

Division 1 — General duties applying to workplaces

3.1.Identification of hazards, and assessing and addressing risks, at workplaces23

3.2.Persons at workplaces to have access to Act etc.23

3.3.Communication with isolated employees24

3.4.Manual handling24

3.5.Reports of hazards etc. to be investigated25

3.6.Movement around workplaces25

3.7.Access to and egress from workplaces25

3.8.Emergency egress from workplaces25

3.9.Fire precautions26

3.10.Evacuation procedures27

3.11.Warning signs27

3.12.First aid28

3.13.Lighting28

3.14.Work space generally29

3.15.Air temperature29

3.16.Water29

3.17.Cleanliness and removal of debris30

3.18.Surfaces and floors30

3.19.Seating31

3.20.Workplace facilities32

3.21.Drawings showing location of certain services32

3.22.Management of vehicles and moving plant at workplaces33

3.23.Protection of persons and property in vicinity of cranes33

3.24.Lowering gear34

3.25.Safety in relation to conduit34

3.26.Portable ladders35

3.27.Gas cylinders to be secured36

3.28.Protection of manifolded cylinder pack36

3.29.Construction diving work to be in accordance with Standard36

3.30.Flotation devices where persons working with others37

3.31.Flotation devices where person working alone37

Division 2 — General duties in relation to personal protective clothing and equipment

3.32.Risks to be reduced in first instance by means other than protective clothing and equipment38

3.33.Standards relevant to certain protective clothing and equipment38

3.34.Responsibilities of persons who require personal protective clothing and equipment to be used39

3.35.Responsibilities of users of personal protective clothing and equipment41

3.36.Safety helmets to be worn at construction sites41

Division 3 — Atmosphere and respiratory protection

Subdivision 1 — Atmosphere and respiratory protection generally

3.37.Definitions42

3.38.Identification and assessment of hazards in relation to atmosphere43

3.39.Possible means of reducing risks43

3.40.Respiratory protective equipment generally44

3.41.Supplied air respirators required for certain atmospheres45

3.42.Duties in relation to provision of supplied air respirators etc.45

3.43.Specifications, maintenance, testing of supplied air respirators46

3.44.Quality of air in supplied air respirators48

Subdivision 2 — Protection from tobacco smoke

3.44A.Definitions49

3.44B.Certain persons prohibited from smoking in enclosed workplaces50

3.44C.Defence: smoking in a designated area of workplace50

3.44D.Defence: smoking in a private vehicle or residence50

3.44E.Defence: smoking in a performance51

3.44F.Designated smoking areas51

3.44G.Notice to be given as to restrictions on smoking52

3.44H.Persons not to work in a designated smoking area when persons are smoking in that area52

3.44I.Inspectors may require certain persons to extinguish tobacco products52

Division 4 — Noise control and hearing protection

3.45.Interpretation53

3.46.Avoidance of noise above exposure standard54

3.47Standard of personal hearing protectors54

Division 5 — Prevention of falls at workplaces

3.48.Definition54

3.49.Identification and assessment of hazards in relation to falling55

3.50. Anchorage and fall injury prevention systems to be capable of withstanding forces caused by a fall55

3.51.Inspection etc. of fall injury prevention systems56

3.52.Fall injury prevention system to be protected where welding etc. being done56

3.53.Inspection of anchorages57

3.54.Protection in relation to holes and openings58

3.55.Edge protection59

3.56.Grid mesh and checker plate flooring panels61

3.57.Working on or from brittle or fragile roofing61

Division 6 — Electricity

3.58.Definition63

3.59.Electrical installations at workplaces63

3.60.Protection against earth leakage current when portable equipment in use64

3.61.Electrical installations on construction sites etc.66

3.62.Tester to record licence number on tag67

3.63.Records of electrical equipment test results to be provided67

3.64.Restrictions on working in vicinity of overhead power lines68

3.65.Connecting electricity to construction sites69

Division 7 — Scaffolds, gantries, hoardings and barricades and formwork

3.66.Definitions69

3.67.Scaffolds and scaffolding equipment to be in accordance with Standard70

3.68.Area for scaffold to be kept clear70

3.69.Welding of lugs and saddle pieces70

3.70.Warning signs etc. for incomplete scaffolds71

3.71.Certain scaffolds not to be used71

3.72.Inspection and marking of certain scaffolds71

3.73.Scaffold not to be moved etc. without authority72

3.74.Lowering scaffolding equipment73

3.75.Hoardings and barricades73

3.76.Gantries73

3.77.Level of protection required74

3.78.No unauthorised removal etc.74

3.79.Requirements as to formwork74

3.80.Formwork to be contained within workplace75

3.81.Stripping and lowering of formwork75

Division 8 — Work in confined spaces

3.82.Definition75

3.83.Duties of designers, manufacturers and suppliers of things with confined spaces76

3.84.Modification of confined spaces77

3.85.Work in confined spaces to comply with Standard77

3.86.When persons to stand by confined spaces77

3.87.Training in relation to work in confined spaces77

Division 9 — Safety requirements in relation to certain work processes

Subdivision 1 — Tilt‑up concrete and precast concrete elements for use in buildings

3.88.Work to be in accordance with Standard78

Subdivision 2 — Moulding and casting

3.89.Moulding and casting79

3.90.Pit or deep mould80

3.91.Ladles81

3.92.Work under suspended loads at foundries82

3.93.Moulds or chills for spare metal82

Subdivision 3 — Welding and allied processes

3.94.Definitions83

3.95.Atmosphere safety when welding etc.83

3.96.Welding and allied processes to be in accordance with Standard83

3.97.Protective screens84

3.98.Flash arresters etc.84

Subdivision 4 — Spray painting

3.99.Definitions84

3.100.Spray painting generally to be inside booth85

3.101.Electrostatic spray painting86

Subdivision 5 — Abrasive blasting

3.102.Definitions86

3.103.Blasting equipment87

3.104.Blasting chambers and cabinets88

3.105.Lighting and exits for blasting chambers89

3.106.Persons doing abrasive blasting to be protected89

3.107.Radioactive substances not to be used in abrasive blasting90

Subdivision 6 — Excavations and earthworks

3.108.Assessment in relation to excavations90

3.109.Where person at risk due to excavation90

3.110.No loads near excavation work91

3.111.Shoring in excavations etc.91

3.112.Certain excavation work not to be done in isolation92

3.113.Stability of affected buildings etc.92

Subdivision 7 — Demolition

3.114.Definitions93

3.115.Application of Subdivision95

3.116.Class 1, 2 or 3 demolition licences95

3.117.Offence to do class 1, 2 or 3 demolition work unless licensed to do so and work to be done in accordance with conditions of licence96

3.118.Certain persons to ensure that persons doing class 1, 2 or 3 demolition work are licensed97

3.119.Commissioner to be notified of intention to do class 1, 2 or 3 demolition work in accordance with Standard98

3.120.Application for Commissioner’s approval to do class 1, 2 or 3 demolition work not in accordance with Standard98

3.121.Commissioner to acknowledge receipt and result of application and may impose conditions99

3.122.Class 1, 2 or 3 demolition work not to be done without notification or approval or until conditions set100

3.123.Demolition work other than class 1, 2 or 3 demolition work to be in accordance with Standard100

3.124.Class 1, 2 or 3 demolition work to be in accordance with Standard or approval101

3.125.Certain documents to be at demolition workplaces101

3.126.Demolition work involving asbestos102

3.127.Limited entry to area where demolition work being done103

3.128.Scaffold used in demolition work to be heavy duty scaffold103

Part 4 — Plant

Division 1 — Preliminary

4.1.Definitions105

Division 2 — Registration of plant design and items of plant

4.2.Design of kinds of plant in Schedule 4.1 to be registered112

4.3.Application for registration of design of kinds of plant in Schedule 4.1113

4.4.Design verifier to be independent of designer113

4.5.Fee for design verifier who is an officer of the department114

4.6.Provision of further information114

4.7.Commissioner may register design of kinds of plant in Schedule 4.1114

4.8.Assessment fee115

4.9.Procedure where testing required by Commissioner115

4.10.Design registration number116

4.11.Alteration to design of types of plant in Schedule 4.1 to be registered116

4.12.Application for registration of alteration to plant design etc.116

4.13.Confidentiality of design information117

4.14.Individual items of plant in Schedule 4.2 to be registered117

4.15.Application for registration etc. of Schedule 4.2 items of plant118

4.16.Provision of further information119

4.17.Commissioner’s functions as to applications to register etc. Schedule 4.2 items of plant120

4.18.Assessment fee120

4.19.Registration number of Schedule 4.2 item of plant120

4.19A.Registration number of classified plant or designated plant121

4.20.Registration numbers and evidence to be displayed121

4.21.Commissioner may deregister items of plant122

4.21A.Notification of permanent withdrawal of plant from service123

Division 3 — General duties applying to plant

Subdivision 1 — Kinds of plant to which this Division applies

4.22.Meaning of “plant” for the purposes of Division 3123

Subdivision 2 — Identification of hazards and assessing and addressing risks in relation to plant

4.23.Duties of persons who design plant123

4.24.Duties of persons who manufacture plant125

4.25.Duties of persons who import plant126

4.26.Duties of persons who supply plant127

4.27.Duties of erectors and installers of plant128

4.28.Duties of certain persons in relation to plant130

4.29.Possible means of reducing risks in relation to plant132

Subdivision 3 — Information and general matters in relation to plant

4.30.Persons who design plant to provide information135

4.30A.Persons who manufacture plant to obtain information136

4.31.Persons who manufacture plant to provide information136

4.31A.Persons who import new plant to obtain information137

4.32.Persons who import plant to provide information137

4.33.Persons who supply plant other than by way of hire or lease to provide information138

4.34.Certain records to be kept in relation to plant140

4.35.Duties of suppliers of plant by way of hire or lease141

4.36.Duties of certain persons as to installation, commissioning etc. of plant142

4.37.Duties of certain persons as to use of plant143

4.37A.Duties of certain persons for the purposes of regulation 4.37(1)(b) or (c)145

4.38.Duties of certain persons as to damaged plant147

4.39.Duties of certain persons when design of plant is altered148

4.40.Duties of certain persons as to dismantling, storing or disposing of plant149

4.41.Plant not to be used etc. if a hazard unless in an emergency149

4.42.Mandatory markings not to be interfered with150

Division 4 — Safety requirements in relation to certain types of plant

4.43Plant under pressure150

4.44.Powered mobile plant151

4.45.Specific protection requirements for certain tractors and certain earthmoving machinery154

4.46.Plant with hot or cold parts154

4.48Industrial robots, etc.155

4.49.Lasers156

4.50.Nail guns156

4.51.Explosive powered tools157

4.52.Amusement structures157

4.53.Plant that lifts, suspends or lowers people, equipment or materials158

4.54.Additional requirements as to cranes, hoists and building maintenance units162

4.55.Additional requirements as to industrial lift trucks163

4.56.Lifts and general work on lifts164

4.57.Construction and installation work on lifts166

Part 5 — Hazardous substances

Division 1 — Preliminary

5.1.Interpretation168

5.2.Application172

Division 2 — Hazardous substances generally

5.3.Determination of whether or not a substance is a hazardous substance172

5.4.Commissioner to be notified of new hazardous substances173

5.5.Material Safety Data Sheets173

5.6.Labelling etc.174

5.7.Commissioner to be notified if generic name used for type II ingredients175

5.8.Provision of information about hazardous substances175

5.9.Ingredient disclosure to medical practitioners176

5.10.Ingredient disclosure to persons who may be affected177

5.11.Employers, main contractors and self‑employed persons to obtain and provide information178

5.12.Duties of employers, main contractors and self‑employed persons as to labelling hazardous substances179

5.13.Register of hazardous substances180

5.14.Certain uses of certain hazardous substances prohibited181

5.15.Assessment in relation to hazardous substances181

5.16.Assessment report182

5.17.Subsequent assessments182

5.18.Assessment reports to be available for inspection183

5.19.Exposure standards not to be exceeded183

5.20.Risks arising from hazardous substances to be reduced and means of reducing risks183

5.21.Induction and training184

5.22.Monitoring risks associated with hazardous substances184

5.23.Health surveillance in relation to hazardous substances185

5.24.Duties of appointed medical practitioners186

5.25.Employers, main contractors and self‑employed persons to take remedial action188

5.26.Periods for which records to be kept by employers, main contractors and self‑employed persons188

5.27.Commissioner to keep certain records as to hazardous substances189

Division 3 — Certain carcinogenic substances

5.28.Definitions189

5.29.Application190

5.30.Commissioner to be informed if carcinogenic substances intended to be used at workplaces190

5.31.Schedule 5.4 substances not to be used at workplaces unless for bona fide research and with Commissioner’s approval191

5.32.Schedule 5.5 substances not to be used at workplaces unless for purpose approved by Commissioner192

5.33.Commissioner to acknowledge receipt of notification and information and may impose conditions192

5.34.Carcinogenic substances not to be used until conditions set193

5.35.Duties of suppliers of carcinogenic substances193

5.36.Information for Commissioner to be kept up to date193

5.37.Employers and self‑employed persons to keep records in relation to carcinogenic substances194

5.38.Suppliers to keep records in relation to carcinogenic substances195

5.39.Commissioner to keep certain records in relation to carcinogenic substances196

5.40.Commissioner to be informed of certain matters as to carcinogenic substances196

5.41.Persons who may be exposed to carcinogenic substances to be informed of certain matters196

Division 4 — Further requirements in relation to certain hazardous substances

Subdivision 1 — Asbestos

5.42.Definitions197

5.43.Identification and assessment of asbestos hazards at workplaces198

5.44.Asbestos removalist licences198

5.45.Asbestos removal work199

5.46.Register200

5.47.Licence, Code and Guide to be available200

5.48.Commissioner may give certain directions as to asbestos at workplaces201

5.49.Further duties as to exposure to asbestos dust202

5.50.Asbestos cement building materials202

5.51.Prohibition on use of compressed air and other techniques203

5.52.Waste asbestos material203

Subdivision 2 — Lead

5.53.Definitions203

5.54.Lead‑risk job assessment206

5.55.Information for prospective employees206

5.56.Health surveillance and counselling206

5.57.Assessment of suitability for working in lead‑risk jobs207

5.58.Induction and training207

5.59.Frequency of biological monitoring208

5.60.Duties of employers, main contractors and self‑employed persons in relation to work with lead208

5.61.Duties in relation to working with lead209

5.62.Employee to notify if pregnant or breast‑feeding210

5.63.When person to be removed from lead work210

5.64.Return to lead work after removal211

5.65.Records in relation to lead211

5.66.Commissioner to keep certain records in relation to lead212

5.67.Review of decisions concerning lead work212

Subdivision 3 — Styrene

5.68.Definition212

5.69.Styrene vapour to be minimised212

5.70.Extracting styrene vapour from atmosphere213

5.71.Emergency egress from workplaces where styrene monomer present213

Subdivision 4 — Isocyanates

5.72.Definitions213

5.73.Handling and using isocyanates214

5.74.Decanting isocyanates215

5.75.Ventilation required if containers heated215

5.76.Decontamination of isocyanate containers and utensils216

5.77.Spillage of isocyanates etc.216

5.78.Workplace requirements216

Part 6 — Certificates of competency

6.1.Interpretation219

6.2.Application of national standard220

6.3.Certificate necessary to perform prescribed work or use or operate industrial equipment220

6.4.Uncertificated person under supervision221

6.5.Certain industrial equipment not to be left unattended while in use222

6.6.Registration of person as assessor222

6.7.Variation of registration223

6.8.Renewal of registration as assessor223

6.9.Suspension and cancellation of registration of assessor224

Part 7 — Repeal, savings and transitional

7.1.Definitions225

7.2.Interpretation Act 1984 applies225

7.3.Repeal225

7.4.Dealing with audiograms recorded under certain previously repealed regulations225

7.5.Existing accepted plant design deemed to be registered plant design under these regulations226

7.6.Unfinished applications for acceptance of plant design deemed to be applications for registration of plant design under these regulations227

7.7.Existing classified plant with current certificate of inspection deemed to be registered under these regulations227

7.8.Existing “Part B” plant deemed to be registered under these regulations228

7.9.Certain unfinished applications for certificates of inspection deemed to be applications for registration of items of plant under these regulations228

7.10.Existing holders of certificates of competency deemed to be certificated under these regulations229

7.11.Existing assessors deemed to be assessors under these regulations229

7.12.Unfinished applications for certificates of competency or for registration as an assessor deemed to be made under these regulations229

Schedule 1 — Australian Standards and Australian/New Zealand Standards230

Schedule 2 — Forms relating to general provisions241

Schedule 3.1 — Guidelines and forms of guidance to be available for access by persons working at workplaces254

Schedule 3.2 — Toxic paint substances255

Division 1 — Solid components255

Division 2 — Solvent components255

Division 3 — Curing agents256

Schedule 4.1 — Kinds of plant requiring registration of the design and alterations to design257

Schedule 4.2 — Individual items of plant to be registered258

Schedule 4.3 — Standards relating to design and other requirements in relation to certain plant259

Schedule 5.1 — Description of ingredients260

Schedule 5.2 — Hazardous substances prohibited for specified uses or methods of handling261

Schedule 5.3 — Hazardous substances for which health surveillance is required263

Schedule 5.4 — Carcinogenic substances to be used only for bona fide research268

Schedule 5.5 — Carcinogenic substances to be used only for purposes approved by the Commissioner269

Schedule 6.1 — Rate payable for assessments and tests270

Schedule 6.1A — Fees under Part 3 Division 9271

Schedule 6.2 — Fees under Part 4 Division 2272

Schedule 6.2A — Fees under Part 5 Division 4273

Schedule 6.3 — Fees under Part 6274

Notes

Compilation table275

Defined Terms

 

 

Reprinted under the Reprints Act 1984 as at 19 July 2002

Crest
Western Australia

Occupational Safety and Health Act 1984

Occupational Safety and Health Regulations 1996

Part 1 — Preliminary and interpretation

Division 1 — Preliminary and definitions

1.1.Citation

These regulations may be cited as the Occupational Safety and Health Regulations 1996 1.

1.2.Commencement

These regulations come into operation on 1 October 1996.

1.3.Definitions

In these regulations, unless the contrary intention appears — 

abrasive blasting, abrasive material, dry abrasive blasting and wet abrasive blasting have the respective meanings that they have in regulation 3.102;

approved means approved by the Commissioner;

AS followed by a designation refers to the Australian Standard having that designation that is published by the Standards Association of Australia 2 and that is referred to in Schedule 1 and includes any amendment to the document made before the reference to the document is included in Schedule 1;

AS/NZS followed by a designation refers to the Australian/New Zealand Standard having that designation that is published by the Standards Association of Australia 2 and the Standards Council of New Zealand under an Active Cooperation Agreement between those 2 bodies and that is referred to in Schedule 1 and includes any amendment to the document made before the reference to the document is included in Schedule 1;

asbestos has the meaning that it has in regulation 5.42;

boiler has the meaning that it has in regulation 4.1;

Building Code means the Building Code of Australia 1990 published by or on behalf of the Australian Building Codes Board as amended from time to time and a reference in these regulations to the class of a building is a reference to the building’s classification under Part A3 of the Building Code;

building maintenance unit has the meaning that it has in regulation 4.1;

building or structure includes any erection, edifice, wall, chimney, fence, bridge, dam, reservoir, wharf, jetty, or ship or other floating structure, and includes any part of any of those things;

competent person, in relation to the doing of anything, means a person who has acquired through training, qualification or experience, or a combination of those things, the knowledge and skills required to do that thing competently;

construction site means a workplace at which construction work is done and includes any adjoining area where plant or other materials used or to be used in connection with that work are located or kept and over which the main contractor has control for the purpose of doing the construction work;

construction work means — 

(a)the construction, erection, installation, alteration, repair, maintenance, cleaning, painting, renewal, removal, excavation, dismantling or demolition of, or addition to, any building or structure, or any work in connection with any of those things, that is done at or adjacent to the place where the building or structure is located;

(b)work on which a hoisting appliance or any scaffold or shoring is used or intended to be used;

(c)work in driving or extracting piles, sheet piles or trench sheet;

(d)work in laying any pipe or work in lining pipe that is done at or adjacent to the place where the pipe is laid or to be laid;

(e)work in sinking or lining or altering, repairing, maintaining, renewing, removing, or dismantling a well or borehole;

(f)road works, earthworks or reclamation; or

(g)work in laying an underground cable or work related to laying an underground cable that is done at or adjacent to the place where the cable is laid or to be laid;

crane has the meaning that it has in regulation 4.1;

danger tag means an accident prevention tag as referred to in section 5 of AS 1319 that is in the form of a danger sign within the meaning of that Standard;

demolition has the meaning that it has in regulation 3.114;

exhaust system, in relation to a workplace, means a system by which dust, fumes, mist, gas, vapour or any other airborne particle is removed from the atmosphere of the workplace and includes — 

(a)a collecting hood, ductwork and fan;

(b)an air cleaning filtration system; and

(c)an associated motor, collector bin or receptacle;

gas cylinder has the meaning that it has in regulation 4.1;

gear includes a ladder, plank, chain, rope, fastening, coupling, fitting, hoist‑block, stay, pulley, hanger, sling, brace or moveable contrivance of a similar kind, used or intended for use on or in connection with construction work;

hoarding has the meaning that it has in regulation 3.66;

hoist has the meaning that it has in regulation 4.1;

manufacturing process means a process in or incidental to the making, assembly, altering, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing or adapting of any goods or of any other articles or part thereof for trade, sale or gain or as ancillary to a business;

medical practitioner means a person who is registered under the Medical Act 1894 and who has a current entitlement to practise under that Act;

main contractor means — 

(a)the person for whose direct benefit all the work done at a construction site exists upon its completion; or

(b)if the person mentioned in paragraph (a) has engaged another person, other than as his or her employee, to do or cause to be done all the work at the construction site, the other person so engaged;

person having control of a workplace means a person other than an employee who has, to any extent, control of a workplace where persons who are not employees of that person work or are likely to be in the course of that work and where the control is in connection with the carrying on by that person of a trade, business or undertaking (whether for profit or not); and includes a person who has, by virtue of a contract or lease, an obligation of any extent in relation to the maintenance or repair of a workplace;

person having control of access to a workplace means a person other than an employee who has, to any extent, control of the means of access to and egress from a workplace where the control is in connection with the carrying on by that person of a trade, business or undertaking (whether for profit or not); and includes a person who has, by virtue of a contract or lease, an obligation of any extent in relation to the maintenance or repair of the means of access to or egress from a workplace;

platform means the surface of a plank or other material that is used to provide access to, or egress from, a place, or for persons to stand on or load materials or other things onto, or is otherwise used as a working platform;

pressure vessel has the meaning that it has in regulation 4.1;

scaffold has the meaning that it has in regulation 3.66;

supplied air respirator has the meaning that it has in regulation 3.37;

welding and allied process, in relation to welding, have the respective meanings that they have in regulation 3.94.

[Regulation 1.3 amended in Gazette 17 Dec 1999 p. 6228‑9; 8 Mar 2002 p. 961‑2.]

Division 2 — Interpretation

1.4.Responsibility of employers

Unless the contrary intention appears, where an employer has a duty under a provision of these regulations to do or not do something in relation to a workplace, the employer’s duty — 

(a)relates only to a matter over which, and the extent to which, the employer has control or can reasonably be expected to have control having regard to the workplace and the work done or caused to be done by the employer or his or her employee; and

(b)is limited to himself or herself and to any other person who is — 

(i)his or her employee; or

(ii)any other person who may be affected wholly or in part as a result of the work done or caused to be done by the employer or his or her employee.

1.5.Responsibility of self‑employed persons

Unless the contrary intention appears, where a self‑employed person has a duty under a provision of these regulations to do or not do something in relation to a workplace, the self‑employed person’s duty — 

(a)relates only to a matter over which, and the extent to which, the self‑employed person has control or can reasonably be expected to have control having regard to the workplace and the work done or caused to be done by the self‑employed person; and

(b)is limited to himself or herself and to any other person who may be affected wholly or in part as a result of the work done or caused to be done by the self‑employed person.

1.6.Responsibility of main contractors

Unless the contrary intention appears, where a main contractor has a duty under a provision of these regulations to do or not do something in relation to a construction site, the main contractor’s duty — 

(a)relates only to a matter over which, and the extent to which, the main contractor has control or can reasonably be expected to have control at the site; and

(b)is limited to any person who may be affected wholly or in part as a result of the work done at the site.

1.7.Responsibility of persons having control of a workplace

Unless the contrary intention appears, where a person having control of a workplace has a duty under a provision of these regulations to do or not do something in relation to the workplace, the person’s duty — 

(a)relates only to a matter over which, and the extent to which, the person has control or can reasonably be expected to have control having regard to the person’s interest in the workplace; and

(b)is limited to persons who are at the workplace.

1.8.Responsibility of persons having control of access to a workplace

Unless the contrary intention appears, where a person having control of access to a workplace has a duty under a provision of these regulations to do or not do something in relation to the workplace, the person’s duty — 

(a)relates only to a matter over which, and the extent to which, the person has control or can reasonably be expected to have control of the access to and egress from the workplace having regard to the person’s interest in the access to and egress from the workplace; and

(b)is limited to persons who use the access to and egress from the workplace.

1.9.References to employees

Unless the contrary intention appears, a reference in a provision of these regulations to an employee is to be treated as a reference to an employee who works at the workplace to which the provision applies but, if used in association with a reference to a workplace or to an employer, the reference is to be treated as limited to an employee who works at that workplace or to an employee of that employer.

1.10.References to workplaces

Unless the contrary intention appears, a reference in a provision of these regulations to a workplace if used in association with a reference to — 

(a)an employer, is to be treated as limited to the workplace in respect of which that person is the employer;

(b)an employee, is to be treated as limited to the workplace at which that employee works;

(c)a self‑employed person, is to be treated as limited to the workplace at which work is done or caused to be done by that person.

1.11.References to NOHSC

(1)A reference in any provision of these regulations to a document which has NOHSC in its name or code is a reference to the document of that name or code that is published by the National Occupational Health and Safety Commission and includes, subject to this regulation, any amendment to the document made before that provision comes into operation.

(2)A reference in any provision of these regulations to the National Exposure Standards [NOHSC: 1003 (1995)] is a reference to the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 1003 (1995)] and includes any amendment to the document made before 31 December 2001.

(3)A reference in any provision of these regulations to the Guidance Note on the Interpretation of Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 3008 (1995)] includes any amendment to the document made before 30 June 1997.

[Regulation 1.11 amended in Gazette 12 Sep 1997 p. 5176‑7; 8 Mar 2002 p. 962.]

1.12.Application of Standards etc.

Where a provision of these regulations requires a person to comply with — 

(a)an Australian Standard published by the Standards Association of Australia 2;

(b)an Australian/New Zealand Standard published by the Standards Association of Australia 2 and the Standards Council of New Zealand under an Active Cooperation Agreement between those 2 bodies; or

(c)a standard or other document published by the National Occupational Health and Safety Commission,

that provision is to be treated as requiring compliance only to the extent that it is not inconsistent with these regulations.

1.13.Technical terms

In these regulations, unless the contrary intention appears, technical terms not otherwise defined have the respective meanings ordinarily ascribed to them in the industry in relation to which the term is used.

1.14.AS or AS/NZS reference in Schedule 1

Failure to include the number of the regulation in which a reference is made to an AS or AS/NZS designation in the regulation reference for that designation in Schedule 1 does not invalidate the reference to that designation in the regulation.

[Regulation 1.14 inserted in Gazette 17 Dec 1999 p. 6229.]

Part 2 — General

Division 1 — Matters prescribed for purposes of the Act

2.1.Prescribed laws for the purposes of section 14(1)(b) of the Act

The laws and provisions of laws relating to occupational safety and health that are set out in the Table to this regulation are prescribed for the purposes of section 14(1)(b) of the Act.

Table

Law

Provisions of that law

Mines Safety and Inspection Act 1994

All

2.2.Introductory courses for safety and health representatives

(1)This regulation applies where, under section 14(1)(h) of the Act, the Commission accredits a training course designed for attendance by safety and health representatives, subject to course availability, during the first year of holding office.

(2)In this regulation — 

representative means a safety and health representative;

introductory course means a course of a kind referred to in subregulation (1).

(3)A representative, subject to the availability of introductory courses, is to endeavour to attend an introductory course within the first 12 months of being elected.

(4)A representative who has not previously attended an introductory course may give to his or her employer, not less than 21 days, or such shorter period as has been agreed between the representative and his or her employer, before the commencement of an introductory course, notice in writing that the representative wishes to attend the course.

(5)If a representative has given notice in accordance with subregulation (4) that he or she wishes to attend an introductory course then the employer, subject to subregulation (7), is to permit the representative to take off work, with pay, such time, not exceeding 5 days, as is required for the purpose of attending that course.

(6)An employer who has been given notice under subregulation (4) by a representative wishing to attend an introductory course may consult with the representative or the relevant trade union concerning the attendance of the representative at that course and, in those consultations, due regard is to be given to the need to minimise any adverse effect on the operation of the business of the employer.

(7)If the employer has consulted under subregulation (6) with the representative or trade union concerned, the employer may decline to permit attendance at the introductory course as wished but instead permit attendance at the next such course available that the representative wishes to attend.

(8)The pay to which a representative is entitled in respect of time the representative is permitted to take off work to attend an introductory course must be calculated at the representative’s ordinary rate of pay on the time that the representative would ordinarily have worked had the representative worked his or her scheduled work time — 

(a)including — 

(i)regular over award payments for ordinary hours of work;

(ii)shift work premiums according to roster or projected roster including Saturday or public holiday shift;

(iii)industry allowances;

(iv)climatic, regional, and other like allowances;

(v)first aid allowances;

(vi)tool allowances;

(vii)qualification allowances;

(viii)service grants made on a regular basis;

(ix)experience allowances; and

(x)any penalty rates that are paid in relation to actual hours worked or payment of which are guaranteed by a contract of service whether the hours were required to be worked or not;

(b)but not including — 

(i)overtime payments (except if they form part of the contract of service);

(ii)camping allowances;

(iii)travelling allowances;

(iv)disability rates such as for confined spaces and dirty work;

(v)car allowances; or

(vi)meal allowances,

but nothing in this subregulation excludes an entitlement to additional payments that may be set out in an award or agreed between the employer and the representative as being applicable.

(9)An employer must not alter the conditions or remuneration of a person who is a representative to the detriment of that person unless the alteration is in accordance with this regulation.

Penalty: $10 000.

(10)Attendance at an introductory course is to be regarded as service for the purposes of ascertaining any entitlement under an award.

(11)In subregulation (8) — 

award means — 

(a)an award within the meaning of the Workplace Agreements Act 1993;

(b)an award or order that has been reduced to writing under section 143(1) of the Industrial Relations Act 1988 of the Commonwealth; or

(c)an enterprise flexibility agreement within the meaning of the Industrial Relations Act 1988 of the Commonwealth.

2.3.Subsequent courses for safety and health representatives

(1)This regulation applies where, under section 14(1)(h) of the Act, the Commission accredits a training course suitable for attendance by safety and health representatives, subject to course availability, during each 2 year term of holding office following the first 2 year term.

(2)In this regulation — 

representative means a safety and health representative;

post‑introductory course means a course of a kind referred to in subregulation (1).

(3)A representative may take such time (with or without pay as is agreed between the representative and his or her employer) off work for the purpose of attending a post‑introductory course as is agreed with his or her employer.

(4)Attendance at a post‑introductory course is to be regarded as service for the purposes of ascertaining any entitlement under an award.

2.4.Notification under section 19 of certain injuries

(1)For the purposes of section 19(3) of the Act, the kinds of injury incurred by an employee to be notified by an employer to the Commissioner are — 

(a)a fracture of the skull, spine or pelvis;

(b)a fracture of any bone — 

(i)in the arm, other than in the wrists or hand;

(ii)in the leg, other than a bone in the ankle or foot;

(c)an amputation of an arm, a hand, finger, finger joint, leg, foot, toe or toe joint;

(d)the loss of sight of an eye;

(e)any injury other than an injury of a kind referred to in paragraphs (a) to (d) which, in the opinion of a medical practitioner, is likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred.

(2)Notification of an injury to which section 19(3) of the Act applies is to be made — 

(a)in the form of Form 1 in Schedule 2; or

(b)by telephone.

(3)The prescribed particulars for the purposes of the notification of an injury to which section 19(3) of the Act applies are — 

(a)name and business address of the employer;

(b)name, sex and occupation of the employee;

(c)address of the place at which the injury was incurred;

(d)date and time the injury was incurred;

(e)brief description of how the injury was incurred and the type of machine or equipment, if any, involved;

(f)nature of the injury or, where applicable, report of death; and

(g)the place to which the employee has been taken.

2.5.Notification under section 19 of certain diseases

(1)For the purposes of section 19(3) of the Act, the kinds of disease affecting an employee to be notified by an employer to the Commissioner are the diseases set out in column 1 of the Table to this regulation that have been contracted in the course of the kind of work set out opposite that disease in column 2 of the Table.

Table

Disease

Work

1. Infectious diseases:

tuberculosis

viral hepatitis

legionnaires’ disease

HIV

Work involving exposure to human blood products, body secretions, excretions or other material which may be a source of infection

2. Occupational zoonoses:

Q fever

Anthrax

Leptospiroses

Brucellosis

Work involving the handling of or contact with animals, animal hides, skins, wool, hair, carcasses or animal waste products

(2)Notification of a disease to which section 19(3) of the Act applies is to be made — 

(a)in the form of Form 2 in Schedule 2; or

(b)by telephone.

(3)The prescribed particulars for the purposes of the notification of a disease to which section 19(3) of the Act applies are — 

(a)name and business address of the employer;

(b)name, sex and occupation of the employee;

(c)name and address of the workplace where the employee works;

(d)name of the disease; and

(e)date of diagnosis of the disease.

2.6.Default procedure for resolution of issues

(1)If no procedure has been agreed between an employer and employees for the resolution of issues relating to occupational safety and health arising at the workplace then this regulation applies for the purposes of section 24(2) of the Act.

(2)Subject to subregulation (3), where there is a safety and health representative in respect of the workplace the employer is to arrange to meet with the employees and that representative at a time that is as soon after the issue arises as is mutually convenient.

(3)Where there is a safety and health representative in respect of the workplace but it is not practicable for the employer to meet with the employees and that representative within a reasonable time, the employer is to communicate orally with the employees and that representative at a time that is as soon after the issue arises as is mutually convenient.

(4)Where there is not a safety and health representative in respect of the workplace concerned, the employer is to arrange to meet with the employees or a person authorised by them to represent them at that meeting at a time that is as soon after the issue arises as is mutually convenient.

2.7.Form of notification of election

The form by which a safety and health representative is to notify the Commissioner of an election for purposes of section 31(10a) of the Act is to be in the form of Form 3 in Schedule 2.

2.8.References of improvement notice or prohibition notice for review and further review

(1)A reference under section 51(1) of the Act of an improvement notice issued under section 48 of the Act for review is to be made in the form of Form 4 in Schedule 2.

(2)A reference under section 51(1) of the Act of a prohibition notice issued under section 49 of the Act for review is to be made in the form of Form 5 in Schedule 2.

(3)A reference under section 51A(1) of the Act of a decision of the Commissioner to a safety and health magistrate for further review shall be made in the form of Form 6 in Schedule 2.

Division 2 — Administrative provisions

2.9.Marking of plant

If an inspector issues an improvement notice or a prohibition notice that relates to any plant at a workplace then the inspector may mark the plant, or any part of it, to indicate that it is not to be used and a person must not — 

(a)use, or cause to be used, any plant, or any part of it, that is marked to indicate that it is not to be used; or

(b)without the authority of an inspector to do so, remove, obliterate, or otherwise interfere with the mark.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

2.10.Local government to notify Commissioner of construction work permits

Each local government is to notify the Commissioner, in an approved form and within the first week of each month, of all permits issued by the local government within the previous month in relation to the commencement of construction work in the local government’s district.

2.11.Medical examinations

(1)The Commissioner may, by written notice, direct an employer to arrange at the expense of the employer and within the time specified in the notice a medical examination of an employee whose name is specified in the notice.

(2)The Commissioner is to set out in any notice under subregulation (1) the purpose of the proposed medical examination.

(3)The Commissioner is to ensure that, before the medical examination is conducted, the employee is advised of the nature of, and the reasons for, the medical examination so that the employee is sufficiently informed for the purposes of making a choice in the selection of a medical practitioner.

(4)For the purposes of selecting a medical practitioner to conduct a medical examination under this regulation, an employer must consult with the employee to be examined and give the employee a reasonable choice in the selection of the medical practitioner.

(5)An employer must comply with a notice under subregulation (1) unless the employee does not agree to the selection of the medical practitioner or consent to undergoing the examination, proof of which is on the employer.

(6)A medical practitioner who conducts an examination under this regulation must — 

(a)explain any test results to the employee and give the employee a copy of any test results;

(b)give to the employee a copy of any medical report based on the test results or medical examination;

(c)give a copy of the test results to the Commissioner; and

(d)on the written request of the person examined, supply the medical practitioner’s findings on the examination to another medical practitioner who has been nominated by the person examined.

(7)The Commissioner is to inform the employer of — 

(a)the outcome of the medical examination; and

(b)any need for remedial action.

(8)The employer must ensure that the results of a medical examination under this section are treated as confidential records.

Penalty applicable to subregulations (4), (5), (6) and (8): $10 000.

2.12.Exemption where substantial compliance

(1)A person may apply to the Commissioner for a person who, or a workplace which, does not fully comply with a requirement of these regulations to be exempted from the requirement and the application is to be in an approved form.

(2)If, on an application under subregulation (1), the Commissioner is satisfied that there is substantial compliance with the relevant requirements of these regulations then the Commissioner may exempt the person or workplace from the requirement and the exemption is to be in writing and may be made subject to such conditions as are specified by the Commissioner.

(3)If the Commissioner imposes a condition in relation to an exemption granted under subregulation (2) then a person having the benefit of the exemption must comply with the condition.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

(4)The Commissioner may, at any time, revoke an exemption granted under subregulation (2) and the revocation takes effect on the day on which notice of the revocation posted to the person’s last known address would have been delivered in the ordinary course of post.

2.13.Exemption where compliance unnecessary or impracticable

(1)A person may apply to the Commissioner for a person or a workplace to be exempted from complying with a requirement of these regulations and the application is to be in an approved form.

(2)If, on an application under subregulation (1), the Commissioner is satisfied that compliance with any requirement of these regulations would be unnecessary or impracticable then the Commissioner may exempt the person or workplace from the requirement and the exemption is to be in writing and may be made subject to such conditions as are specified by the Commissioner.

(3)If the Commissioner imposes a condition in relation to an exemption granted under subregulation (2), a person having the benefit of the exemption must comply with the condition.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

(4)The Commissioner may, at any time, revoke an exemption granted under subregulation (2) and the revocation takes effect on the day on which notice of the revocation posted to the person’s last known address would have been delivered in the ordinary course of post.

2.14.Exemption from fees

If the Commissioner is satisfied that plant — 

(a)is owned by a charitable non‑profit making institution or organisation; or

(b)is used solely for the purpose of education or instruction,

then the Commissioner may, by notice in the Government Gazette, exempt a person who would otherwise be liable to pay a fee under these regulations in relation to that plant from that liability.

Division 3 — Review of decisions under these regulations

2.15.Review of decisions by persons other than Commissioner

(1)This regulation applies in respect of a decision made under these regulations by a person other than the Commissioner, whether or not the decision was made by that person as a delegate of the Commissioner.

(2)A person who is not satisfied with a decision referred to in subregulation (1) may, within 14 days of receiving notice of the decision, refer the decision to the Commissioner for review setting out the grounds upon which a review of the decision is sought.

(3)On reference of a decision to the Commissioner for review under this regulation the Commissioner is to inquire into the circumstances relevant to the decision and may — 

(a)affirm the decision;

(b)set aside the decision; or

(c)substitute for the decision any decision that the Commissioner considers should have been made in the first instance,

and the determination of the matter by the Commissioner is to have effect according to its tenor.

2.16.Review of Commissioner’s decisions

(1)In this regulation — 

decision means — 

(a)a decision made under these regulations by the Commissioner himself or herself; and

(b)a determination of the Commissioner under regulation 2.15(3),

but does not include a decision made by a person acting as a delegate of the Commissioner.

(2)A person who is not satisfied with a decision may, within 14 days of receiving notice of the decision and in the form of Form 6 in Schedule 2 refer the decision to a safety and health magistrate for review setting out the grounds upon which a review of the decision is sought and giving to the Commissioner a copy of the reference.

(3)On reference of a decision to a safety and health magistrate for review under this regulation, the safety and health magistrate is to inquire into the circumstances relevant to the decision and may — 

(a)affirm the decision;

(b)set aside the decision; or

(c)substitute for the decision any decision that the safety and health magistrate considers the Commissioner should have made in the first instance,

and the determination of the matter by the safety and health magistrate is to be final.

Part 3 — Workplace safety requirements

Division 1 — General duties applying to workplaces

3.1.Identification of hazards, and assessing and addressing risks, at workplaces

A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must, as far as practicable — 

(a)identify each hazard to which a person at the workplace is likely to be exposed;

(b)assess the risk of injury or harm to a person resulting from each hazard, if any, identified under paragraph (a); and

(c)consider the means by which the risk may be reduced.

Penalty: $25 000.

3.2.Persons at workplaces to have access to Act etc.

A person who, at a workplace, is an employer or the main contractor must ensure that, as soon as practicable following a request from a person who works at the workplace, there is available for that person’s perusal an up to date copy of — 

(a)the Act;

(b)these regulations;

(c)all Australian Standards, Australian/New Zealand Standards and NOHSC documents or parts of those Standards or documents referred to in these regulations that apply to that workplace;

(d)all codes of practice approved under section 57 of the Act that apply to that workplace; and

(e)guidelines or forms of guidance referred to in section 14 of the Act — 

(i)the titles of which have been published in the Government Gazette and which are set out in Schedule 3.1; and

(ii)which apply to that workplace.

Penalty: $2 000.

3.3.Communication with isolated employees

If an employee is isolated from other persons because of the time, location or nature of the work then the employer must ensure that — 

(a)there is a means of communication available which will enable the employee to call for help in the event of an emergency; and

(b)there is a procedure for regular contact to be made with the employee and the employee is trained in the procedure.

Penalty: $25 000.

3.4.Manual handling

(1)In this regulation — 

manual handling means any activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain a person, animal or thing.

(2)Without limiting regulation 3.1, a person who, at a workplace, is an employer, the main contractor or a self‑employed person must, as far as practicable — 

(a)identify each hazard that is likely to arise from manual handling at the workplace;

(b)assess the risk of injury or harm to a person resulting from each hazard, if any, identified under paragraph (a); and

(c)consider the means by which the risk may be reduced.

Penalty: $25 000.

3.5.Reports of hazards etc. to be investigated

If an employer receives from an employee a report of a kind described in section 20(2)(d) of the Act or from a safety and health representative under section 33(1)(d) of the Act then the employer must, within a reasonable time, investigate the situation that has been reported.

Penalty: $25 000.

3.6.Movement around workplaces

A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must, where practicable, ensure that the workplace is arranged so that — 

(a)persons are able to move safely within the workplace; and

(b)passages for the purpose of enabling persons to move within the workplace are at all times kept free of obstructions.

Penalty: $25 000.

3.7.Access to and egress from workplaces

A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of access to the workplace must, where practicable, ensure that the means of access to and egress from the workplace — 

(a)enable persons to move safely to and from the workplace; and

(b)are at all times kept free of obstructions.

Penalty: $25 000.

3.8.Emergency egress from workplaces

A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of access to the workplace must ensure that the means of emergency egress from the workplace enable safe egress from the workplace in the event of an emergency.

Penalty: $25 000.

3.9.Fire precautions

(1)If there is a risk of fire at a workplace then a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must, as far as practicable — 

(a)provide regularly maintained and efficient portable fire extinguishers to control any fire likely to arise from the work being done at the workplace; and

(b)ensure that portable fire extinguishers are located and distributed at the workplace in accordance with AS 2444.

Penalty: $25 000.

(2)If, in any part of a workplace — 

(a)there are goods or materials which in the event of a fire are likely to burn with extreme rapidity, emit poisonous fumes or cause explosions; and

(b)there is a risk of harm or injury to a person at the workplace resulting from the goods or materials being ignited,

then a person who, in the case of a construction site, is the main contractor or who, in the case of any other workplace, is an employer or a self‑employed person, must ensure, where practicable, that no person smokes or introduces a naked flame into that part of the workplace.

Penalty: $25 000.

(3)A person must comply with a direction given for the purposes of subregulation (2).

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

3.10.Evacuation procedures

A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that — 

(a)there is an evacuation procedure to be followed in the event of fire or other emergency at the workplace;

(b)where practicable, the evacuation procedure is clearly and prominently displayed at the workplace;

(c)where practicable, a diagram showing the location of exits and the position of the diagram in relation to the exits is clearly and prominently displayed at the workplace;

(d)where practicable, the evacuation procedure is practised at the workplace at reasonable intervals; and

(e)persons at the workplace who would be required to help control or extinguish a fire at the workplace are appropriately trained and provided with appropriate protective clothing and equipment.

Penalty: $25 000.

3.11.Warning signs

Without limiting any other requirement of these regulations for the display of signs, if, in an area of a workplace there is a hazard which may not be readily apparent to a person working in or entering the area then a person who, at the workplace, is an employer, the main contractor, a person having control of the workplace or a person having control of access to the workplace must ensure that — 

(a)a sign relevant to each hazard is displayed to persons in or entering the area; and

(b)the sign complies, and is used in accordance, with AS 1319.

Penalty: $25 000.

3.12.First aid

(1)In this regulation — 

first aid means the immediate treatment or care of a person who is injured or who becomes ill at a workplace.

(2)A person who, at a workplace, is an employer, the main contractor or a self‑employed person — 

(a)must provide such first aid facilities as are appropriate having regard to — 

(i)the type of hazards to persons at the workplace and the risk of those hazards; and

(ii)the number of persons at the workplace;

and

(b)must ensure that, as far as practicable, persons trained in first aid are available to give first aid at the workplace having regard to — 

(i)the type of hazards to persons at the workplace and the risk of those hazards; and

(ii)the number of persons at the workplace.

Penalty: $25 000.

3.13.Lighting

A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that lighting for the workplace from natural or artificial sources or both — 

(a)is adequate having regard to the nature and location of the work being done; and

(b)without limiting regulation 3.6, is adequate for the movement of persons about the workplace.

Penalty: $25 000.

3.14.Work space generally

An employer must, as far as practicable, provide each employee with sufficient space in which to work without risk to the employee’s safety and health.

Penalty: $25 000.

3.15.Air temperature

An employer must ensure — 

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

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

Penalty: $10 000.

3.16.Water

(1)A person who, at a workplace, is an employer or the main contractor must ensure that a supply of clean, cool, drinking water is provided for, and is readily accessible to, persons working at the workplace, and that the outlet is in a place — 

(a)where the water supply is unlikely to be contaminated; and

(b)other than a place in which a toilet is located.

(2)If, at a workplace — 

(a)water is provided for use in industrial processes or for fire protection;

(b)the water is unfit for drinking; and

(c)it is not readily apparent that the water is unfit for drinking,

then a person who, at the workplace, is an employer or the main contractor or a person having control of the workplace must ensure that conspicuous notices are posted at points of supply clearly marked “UNFIT FOR DRINKING” or with words having a similar effect.

Penalty applicable to subregulations (1) and (2): $10 000.

3.17.Cleanliness and removal of debris

(1)A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that — 

(a)the workplace and other areas ancillary to the workplace are maintained in such clean condition as is necessary to avoid hazards to persons at the workplace;

(b)where practicable, rubbish and debris are removed by mechanical means; and

(c)as far as practicable, dust is prevented from being released into the atmosphere.

(2)A person who, at a construction site, is the main contractor, an employer or a self‑employed person must ensure that rubbish, building material and plant is stored away from footpaths and roadways at the site.

(3)A person who, at a construction site, is the main contractor, an employer, or a self‑employed person must ensure that debris from first and subsequent storeys at the site is removed by means of — 

(a)a hoisting appliance; or

(b)a completely enclosed chute discharging either into disposal hoppers or into an area which is completely enclosed by a hoarding that is at least 2 metres in height.

Penalty applicable to subregulations (1), (2) and (3): $25 000.

3.18.Surfaces and floors

(1)A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that as far as practicable — 

(a)the floor of the workplace; or

(b)any stair or ramp in the workplace,

has an unbroken and slip resistant surface and is free from any obstruction that may cause a person to trip or fall.

(2)If, at a workplace, there is a risk of liquids coming into contact with a floor because of the nature of work done at the workplace then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that the floor is designed and constructed to provide adequate drainage.

(3)This regulation does not apply to a natural ground surface comprising a floor.

Penalty applicable to subregulations (1) and (2): $25 000.

3.19.Seating

(1)If an employee’s work is done from a sitting position or is of a kind that can be satisfactorily done from a sitting position then the employer 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;

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

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

(2)If an employee’s work is done from a standing position and the employee’s work allows the employee to sit from time to time then, to the extent practicable, the employer must provide and maintain seating so that the employee may sit down for the periods when the employee is not working.

Penalty applicable to subregulations (1) and (2): $10 000.

3.20.Workplace facilities

(1)In this regulation — 

other facility means an area for the changing of clothes, showering, eating, drinking or resting;

sanitary facilities means toilets (including urinals), hand‑wash basins and units for the disposal of sanitary items.

(2)A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that there are provided at the workplace for the use of persons working at the workplace — 

(a)reasonable sanitary facilities, having regard to the reasonable requirements of the persons working at the workplace;

(b)convenient access to sanitary facilities; and

(c)any other facility if the safety or health of a person working at the workplace would be at risk if the facility were not provided.

Penalty: $10 000.

3.21.Drawings showing location of certain services

(1)If there is a risk that work to be conducted at a workplace might interfere with any gas, water, sewerage or electrical service then a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that — 

(a)the location of the service that might be affected is established; and

(b)an accurate diagrammatic representation of the service that might be affected is available at the workplace before the work commences.

(2)If any person causes the location of any gas, water, sewerage or electrical service to a workplace to be changed then a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that an accurate diagrammatic representation of the change to the service is either prepared or amended, as the case requires, to show the change.

(3)A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure, where practicable, that “as constructed” drawings showing the location of gas, water, sewerage and electrical service to the workplace are kept at the workplace.

Penalty applicable to subregulations (1), (2) and (3): $10 000.

3.22.Management of vehicles and moving plant at workplaces

A person who, at a workplace, is an employer, the main contractor or a person having control of the workplace must ensure that the movement and speed of vehicles and plant at the workplace are managed in a way that minimises the risk of injury to pedestrians and persons operating vehicles.

Penalty: $10 000.

3.23.Protection of persons and property in vicinity of cranes

(1)If any material or gear is being lifted, lowered or otherwise moved by a crane at a construction site then the main contractor must ensure that persons and vehicles are prevented from entering any area in or adjacent to the site where there is a risk of injury to persons or damage to property occurring as a result of the movement of the material or gear, and that such prevention is — 

(a)by means of warning signs, flashing lights, barriers, traffic controllers or other means as would be appropriate to the nature of the load; and

(b)with the minimum amount of disruption to persons and traffic in the area.

(2)If an area of a construction site where any material or gear is being lifted, lowered or otherwise moved from or onto the area is open to the public or if an inspector so requires it then a person who, at the site, is the main contractor, an employer, or a self‑employed person must ensure that there is either in place or available in the area a system or device that would prevent persons or vehicles entering the area when the material or gear is being lifted, lowered or otherwise moved.

(3)A person who, at a construction site, is the main contractor, an employer or a self‑employed person must ensure that any material or gear that is being raised or otherwise moved or suspended or supported at the site is properly secured so as to minimise the risk of injury to persons or damage to property occurring as a result of the movement of the material or gear.

Penalty applicable to subregulations (1), (2) and (3): $25 000.

3.24.Lowering gear

A person working on a construction site who lowers any gear from any building or structure where persons in the vicinity are at risk of injury from the gear being lowered must do so carefully, without throwing or dropping the gear.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

3.25.Safety in relation to conduit

A person who, at a construction site, is the main contractor, an employer or a self‑employed person must ensure that any conduit crossing a thoroughfare is secured to the ground or protected by a non‑slip ramp.

Penalty: $25 000.

3.26.Portable ladders

(1)If, at a workplace, a person uses either a single or extension ladder then the person must ensure that the ladder — 

(a)is placed so that the distance from the ladder base to the base of the support wall is about ¼ of the working length of the ladder;

(b)is located on a firm footing;

(c)is secured into position so as to prevent slipping or sideways movement;

(d)if being used to approach a platform, protrudes at least 900 mm beyond the landing for the platform; and

(e)if being used at a workplace that is a construction site, is not suspended from a parapet hook.

(2)If, at a workplace, a person uses — 

(a)a portable metal ladder then the person must ensure that the ladder is designed and constructed in accordance with the general requirements of AS/NZS 1892.1 and the specific requirements of that Standard in relation to the type of ladder; or

(b)a portable wooden ladder then the person must ensure that the ladder is designed and constructed in accordance with the general requirements of AS 1892.2 and the specific requirements of that Standard in relation to the type of ladder.

(3)A person must not use a ladder‑bracket scaffold at a workplace unless the ladder‑bracket scaffold is set up and used in accordance with clause 10.2.5 of AS/NZS 4576.

Penalty applicable to subregulations (1), (2) and (3) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1), (2) and (3) in any other case: $25 000.

[Regulation 3.26 amended in Gazette 17 Dec 1999 p. 6229.]

3.27.Gas cylinders to be secured

A person who, at a workplace is an employer, the main contractor or a self‑employed person must ensure that any gas cylinder at the workplace — 

(a)is appropriately secured and protected from damage or the uncontrolled release of its contents while the cylinder is being used, moved, or stored; and

(b)is not lifted or lowered by mechanical means unless —

(i)it is contained in an appropriate type of box; or

(ii)it is lifted or lowered using attachments that are suitable for the task being performed.

Penalty: $25 000.

[Regulation 3.27 amended in Gazette 17 Dec 1999 p. 6229‑30.]

3.28.Protection of manifolded cylinder pack

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure, in relation to a manifolded cylinder pack used in welding or in an allied process at the workplace, that at all times — 

(a)each manifolded cylinder pack is so located and guarded to protect it from damage; and

(b)where 2 or more manifolded cylinder packs are located in the same room, they are located at least 5 metres apart.

Penalty: $25 000.

3.29.Construction diving work to be in accordance with Standard

(1)In this regulation — 

construction diving work means any construction work in which diving is done using either surface supplied breathing apparatus or self‑contained underwater breathing apparatus, and includes the work done by the persons who give direct support to the diver.

(2)If, at a workplace, a person is to do construction diving work the person’s employer or the self‑employed person, as the case may be, must ensure that — 

(a)each person to do the work is qualified in accordance with AS 2299; and

(b)the work is done in accordance with the relevant requirements of AS 2299.

Penalty: $25 000.

(3)A person who does construction diving work must, when in the water, use compressed air to breathe in accordance with the requirements of AS 2299.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

3.30.Flotation devices where persons working with others

If, at a workplace — 

(a)there is a risk of a person falling into water or other liquid and drowning at or adjacent to the workplace; and

(b)persons other than the person referred to in paragraph (a) are likely to be present at the workplace,

then a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must provide appropriate flotation devices in a readily accessible position and ensure that rescue equipment is maintained and ready for use.

Penalty: $25 000.

3.31.Flotation devices where person working alone

If, at a workplace — 

(a)a person works over water or other liquid and there is a risk of the person drowning if he or she falls into the water or other liquid; and

(b)the person works alone,

a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must, as far as practicable, ensure that the first‑mentioned person wears a life jacket to reduce the risk of drowning.

Penalty: $25 000.

[Regulation 3.31 inserted in Gazette 17 Dec 1999 p. 6230.]

Division 2 — General duties in relation to personal protective clothing and equipment

3.32.Risks to be reduced in first instance by means other than protective clothing and equipment

When a person is considering, for the purposes of regulation 3.1(c), the means by which a risk may be reduced, the person is to — 

(a)firstly consider the means other than the use of protective clothing and equipment by which the risk might be reduced; and

(b)then consider the use of protective clothing and equipment to the extent that it is not practicable to reduce the risk by means other than the use of protective clothing and equipment.

3.33.Standards relevant to certain protective clothing and equipment

(1)If a person — 

(a)is required under any of these regulations to identify a hazard at a workplace and to assess the risk of injury or harm to a person resulting from the hazard; and

(b)concludes from the assessment process that a risk might be reduced by any of the personal protective clothing or equipment set out in column 1 of the Table to this regulation,

then the person must ensure that the personal protective clothing or equipment is in accordance, and complies, with the relevant requirements of each Standard set out opposite the clothing or equipment in column 2 of the Table.

Table

Column 1

Column 2

Means of protection

Standard

Safety helmet

AS 1801

Eye protection

AS/NZS 1337 and

AS/NZS 1338

Gloves

AS 2161

Footwear

AS/NZS 2210

Skin protection by way of sunscreen

 

AS/NZS 2604

Clothing to protect skin against burns by heat or fire

 

AS 2375

Clothing to protect skin against toxic or volatile chemicals

 

AS 3765

Penalty: $25 000.

(2)A person does not commit an offence under subregulation (1) if, proof of which is on the person, the protection provided by the person in relation to a particular risk is of an equivalent or higher standard than the means of protection referred to in subregulation (1).

(3)Nothing in subregulation (1) affects any requirement in the Act or in these regulations to provide such protection as will protect a person from a risk if the means of protection referred to in subregulation (1) would not provide adequate protection in relation to that risk.

3.34.Responsibilities of persons who require personal protective clothing and equipment to be used

(1)If a person is required under any of these regulations to identify a hazard at a workplace and to assess the risk of injury or harm to a person resulting from the hazard and the person concludes from the assessment process that personal protective clothing or equipment should be used at the workplace then the person must ensure that — 

(a)the person who uses the clothing or equipment is instructed in relation to the correct fitting, use, selection, testing, maintenance and storage of the clothing or equipment;

(b)the person who uses the clothing or equipment is informed of the limitations in the use of the clothing or equipment;

(c)the clothing or equipment is maintained in good working order;

(d)the clothing or equipment is replaced — 

(i)when it no longer provides the level of protection required to protect the wearer or user against the particular hazard;

(ii)when the safe working life, as specified by the person who manufactured the clothing or equipment, has expired; or

(iii)subject to subregulation (2), when it is damaged and cannot be repaired;

and

(e)the area of a workplace at which the clothing or equipment is required to be used by a person other than the person who provides the clothing or equipment is identified by signs in accordance, and complying, with AS 1319.

Penalty: $25 000.

(2)A person does not commit an offence under subregulation (1)(d) if, proof of which is on the person, the clothing or equipment is repaired rather than replaced and — 

(a)the repair is done by a competent person;

(b)the repair is done according to the specifications of the manufacturer of the equipment; and

(c)any replacement part used in the repair is that which is specified by the manufacturer of the equipment as the correct replacement part.

3.35.Responsibilities of users of personal protective clothing and equipment

A person to whom personal protective clothing or equipment is provided or made available for use at a workplace — 

(a)must use the protective clothing or equipment in a manner in which he or she has been properly instructed to use it;

(b)must not misuse or damage the clothing or equipment; and

(c)must, as soon as practicable after becoming aware of any — 

(i)damage to;

(ii)malfunction of; or

(iii)need to clean or sterilize,

the clothing or equipment, notify the person providing the clothing or equipment of the damage, malfunction or need to clean or sterilize the clothing or equipment.

Penalty: $5 000.

3.36.Safety helmets to be worn at construction sites

If there is a risk of a person being struck on the head by a falling object at a construction site then the main contractor must ensure that — 

(a)at all times when the person is at risk, the person wears a safety helmet complying with the relevant requirements of AS 1801; and

(b)there is displayed at each entrance to the site a safety sign bearing the words “SAFETY HELMET AREA — HELMETS MUST BE WORN AT THIS SITE” and that otherwise complies with AS 1319.

Penalty: $25 000.

Division 3 — Atmosphere and respiratory protection

Subdivision 1 — Atmosphere and respiratory protection generally

[Heading inserted in Gazette 22 Jul 1997 p. 3839.]

3.37.Definitions

In this Subdivision — 

filter means a filter that complies with the requirements of AS/NZS 1715;

oxygen deficient atmosphere means an atmosphere containing less than 19.5% oxygen;

self‑contained breathing apparatus means a type of supplied air respirator which is carried by the user and supplies the user with respirable air from a source carried by the user;

supplied air respirator means a device which, by means of an air line, air hose or apparatus carried by the user, supplies the user with respirable air from a source other than the ambient atmosphere;

toxic atmosphere, in relation to a workplace, includes — 

(a)an atmosphere in which there is an atmospheric contaminant in a concentration exceeding the exposure standard for the contaminant specified in the National Exposure Standards [NOHSC: 1003 (1995)];

(b)where an inspirable dust or respirable dust is not within the scope of the Exposure Standards referred to in paragraph (a), an atmosphere in which a person at the workplace would be exposed to — 

(i)the inspirable dust that, when measured in accordance with AS 3640, exceeds 10 milligrams per cubic metre of air; or

(ii)the respirable dust that, when measured in accordance with AS 2985, exceeds 5 milligrams per cubic metre of air,

as an average over a work period of 8 hours; and

(c)an atmosphere containing gas, vapour, dust or any other particle which is, or is in a concentration that is, a risk to the safety and health of a person at the workplace.

[Regulation 3.37 amended in Gazette 22 Jul 1997 p. 3840.]

3.38.Identification and assessment of hazards in relation to atmosphere

Without limiting regulations 3.1 and 3.32, a person who, at a workplace, is an employer, the main contractor or a self‑employed person must — 

(a)identify each hazard arising from an oxygen deficient atmosphere or a toxic atmosphere to which a person at the workplace is likely to be exposed;

(b)assess the risk of injury or harm to a person resulting from each hazard, if any, identified under paragraph (a); and

(c)consider whether the risk may be reduced by any of the means referred to in regulation 3.39.

Penalty: $25 000.

3.39.Possible means of reducing risks

The means referred to in regulation 3.38(c) are — 

(a)the use of an effective ventilation system for the workplace;

(b)the provision of an exhaust system that effectively extracts any contaminant and which is arranged so as to prevent re‑entry of the extracted air into the workplace; and

(c)such other means as would prevent persons at the workplace from being exposed to an oxygen deficient atmosphere or a toxic atmosphere,

as is appropriate to the particular case.

3.40.Respiratory protective equipment generally

(1)In this regulation — 

toxic atmosphere means any toxic atmosphere that is of a kind other than a kind referred to in any of paragraphs (b) to (f) of regulation 3.41.

(2)To the extent that it is not practicable to prevent, by any of the means referred to in regulation 3.39, a person at a workplace from being exposed to a toxic atmosphere a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that each person who may be so exposed is provided with respiratory protective equipment —

(a)selected in accordance with AS/NZS 1715 to suit the circumstances of the case and that is used and maintained in accordance with that Standard; and

(b)complying with the relevant requirements of AS/NZS 1716.

(3)Nothing in regulation 3.41 prevents a person from concluding, for purposes of subregulation (2), that the appropriate respiratory protective equipment in a particular case is equipment of a kind referred to in regulation 3.41.

(4)A person who, at a workplace, is an employer, the main contractor or a self‑employed person and who provides for use at a workplace respiratory protective equipment of any kind must ensure that the equipment is readily accessible to persons at the workplace who may need to use the equipment.

Penalty applicable to subregulations (2) and (4): $25 000.

3.41.Supplied air respirators required for certain atmospheres

To the extent that it is not practicable to prevent, by any of the means referred to in regulation 3.39, a person at a workplace from being exposed to — 

(a)an oxygen deficient atmosphere;

(b)an atmosphere in which the level of toxic gases or vapours exceeds the capability of an air‑purifying device;

(c)a toxic atmosphere where the level of contamination is not known;

(d)a toxic atmosphere in which the person is required to remain for a period longer than the estimated life of a filter;

(e)an atmosphere that presents an immediate danger to life or health; or

(f)a toxic atmosphere which contains a contaminant against which there is no suitable filter,

a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that each person who may be so exposed is provided with a supplied air respirator.

Penalty: $25 000.

3.42.Duties in relation to provision of supplied air respirators etc.

If a person is required, under regulation 3.40 or 3.41, to ensure that a supplied air respirator is provided for use at a workplace then the person must — 

(a)assess the number of sets of supplied air respirators that should be provided for regular, emergency or rescue purposes at the workplace;

(b)assess whether self‑contained breathing apparatus should be provided for emergency use and rescue at the workplace and, if so, the number of sets of such apparatus that should be provided;

(c)ensure that each supplied air respirator provided for use at the workplace — 

(i)has been selected in accordance with AS/NZS 1715 to suit the circumstances of the case and is used and maintained in accordance with that Standard; and

(ii)complies with relevant requirements of AS/NZS 1716;

(d)in the case of a supplied air respirator by which air is supplied to the user by means of an air line or air hose, assess whether there should be provided for use at the workplace a device that warns when the air supply is about to fail;

(e)assess whether there should be provided for use at the workplace a supplied air escape type‑respirator in the event that the flow of supplied air fails; and

(f)ensure that each person required to use a supplied air respirator for emergency or rescue purposes at a workplace is trained in the use of the equipment and in emergency procedures.

Penalty: $25 000.

3.43.Specifications, maintenance, testing of supplied air respirators

Without limiting regulation 3.34, if a person is required, under regulation 3.40 or 3.41, to ensure that a supplied air respirator is provided for use at a workplace then the person must also ensure that — 

(a)the compressor, filters and respirator supplying air to breathe — 

(i)are maintained in efficient working order and in accordance with the manufacturer’s instructions; and

(ii)are inspected before and after each use and during cleaning;

(b)the respirator is kept in a place where it will not be contaminated;

(c)the equipment for the supply of air to breathe or the compressor incorporates a mechanism to cut off the air supply to the respirator in the event that the equipment or compressor heats beyond the manufacturer’s specifications for the maximum temperature at which the equipment or compressor will function properly;

(d)the respirator and air supply have couplings of a type that requires at least 2 deliberate actions to separate the connector or coupling and are of a design that is different from that of other compressed gas and air services, if any, at the workplace;

(e)the air supply or compressor has a receiver of sufficient capacity to reduce pulsation from compressor action;

(f)the quality of air supplied to the respirator is tested regularly to ensure that it is in accordance with regulation 3.44; and

(g)records are kept of — 

(i)the purchase dates of the respirator and the compressor;

(ii)the maintenance of the respirator and compressor;

(iii)the date and result of each test conducted on the respirator;

(iv)the name and address of the person who conducted each test; and

(v)the — 

(I)volume of air;

(II)odour;

(III)volume of oxygen, carbon monoxide, carbon dioxide, oil and water in the sample of air tested; and

(IV)temperature of the sample.

Penalty: $25 000.

3.44.Quality of air in supplied air respirators

If a person is required, under regulation 3.40 or 3.41, to ensure that a supplied air respirator is provided for use at a workplace then the person must also ensure — 

(a)that air supplied to the supplied air respirator is supplied at a minimum rate of 170 litres per minute per person measured at the respirator;

(b)that air supplied to the supplied air respirator has passed through an efficient purifying device so that the air — 

(i)does not have an objectionable or nauseous odour;

(ii)contains not less than 19.5% and not more than 22% by volume of oxygen; and

(iii)at 15° Celsius and 100 Kpa absolute — 

(I)contains not more than 11 mg/m3 (10 ppm by volume) of carbon monoxide;

(II)contains not more than 1400 mg/m3 (800 ppm by volume) of carbon dioxide;

(III)contains not more than 1 mg/m3 (1 ppm) of oil;

(IV)if in a cylinder, contains not more than 100 mg/m3 of water when sampled from the cylinder when it is initially filled to a pressure of at least 12 MPa; and

(V)if used for diving, contains not more than 900 mg/m3 (480 ppm by volume) of carbon dioxide;

and

(c)where the air is to be supplied from a compressor to a face‑piece, hood or helmet, that the air has passed through — 

(i)a conditioner to ensure that the temperature of the air is not less than 15° Celsius and not more than 25° Celsius;

(ii)an efficient condensate trap fitted with a drain cock for the removal of any condensed liquid; and

(iii)an efficient ring circuit or controlled leak‑off for the elimination of stale air.

Penalty: $25 000.

Subdivision 2 — Protection from tobacco smoke

[Heading inserted in Gazette 22 Jul 1997 p. 3840.]

3.44A.Definitions

(1)In this Subdivision —

designated smoking area means an area of a workplace designated under regulation 3.44F(1) to be an area in which persons may smoke;

enclosed workplace means a workplace that has, whether permanently or temporarily —

(a)a ceiling or roof; and

(b)walls, sides or other vertical coverings,

so that when the workplace’s existing closeable openings are closed, the workplace is completely or substantially enclosed;

smoke means smoke, hold, or otherwise have control over, an ignited tobacco product;

tobacco product has the definition it has in the Tobacco Control Act 1990.

(2)For the purposes of the definition of “enclosed workplace” in subregulation (1) it is immaterial that an existing closeable opening is open at any particular time.

[Regulation 3.44A inserted in Gazette 26 Mar 1999 p. 1281‑2.]

3.44B.Certain persons prohibited from smoking in enclosed workplaces

A person who, at an enclosed workplace, is an employer, a self‑employed person or an employee must not smoke in the enclosed workplace.

Penalty: $5 000.

[Regulation 3.44B inserted in Gazette 26 Mar 1999 p. 1282.]

3.44C.Defence: smoking in a designated area of workplace

A person does not commit an offence under regulation 3.44B if, proof of which is on the person —

(a)the person smokes in a designated smoking area;

(b)the person is not working at the time he or she smokes; and

(c)in the case of an employer, no employee is working in the designated area when the employer is smoking.

[Regulation 3.44C inserted in Gazette 26 Mar 1999 p. 1282.]

3.44D.Defence: smoking in a private vehicle or residence

A person does not commit an offence under regulation 3.44B if, proof of which is on the person —

(a)the enclosed workplace is —

(i)a vehicle supplied by the person; or

(ii)the person’s residence;

and

(b)no other person is present —

(i)who, in the case of an employer, is that person’s employee; or

(ii)who, in the case of an employee, is also an employee of that person’s employer.

[Regulation 3.44D inserted in Gazette 26 Mar 1999 p. 1282.]

3.44E.Defence: smoking in a performance

A person does not commit an offence under regulation 3.44B if, proof of which is on the person, the person is an actor, artist or other performer who smokes for the purposes of a performance.

[Regulation 3.44E inserted in Gazette 26 Mar 1999 p. 1283.]

3.44F.Designated smoking areas

(1)A person who, at an enclosed workplace, is an employer or a person having control of the workplace may, subject to subregulations (2) and (3), designate an area of the workplace to be an area in which persons may smoke.

(2)A person who, at an enclosed workplace, is an employer or a person having control of the workplace must not designate an area of the workplace to be an area in which persons may smoke unless —

(a)the area is designed or arranged so that tobacco smoke from the area does not enter any other part of the workplace; and

(b)there is provided an exhaust system that effectively extracts tobacco smoke from the area and which is arranged so as to prevent circulation of the extracted tobacco smoke into any part of the workplace.

(3)A person who, at an enclosed workplace, is an employer or a person having control of the workplace must not designate an area of the workplace to be an area in which persons may smoke if it is an offence under the Health (Smoking in Enclosed Public Places) Regulations 1999 to smoke in that area.

Penalty applicable to subregulations (2) and (3): $25 000.

[Regulation 3.44F inserted in Gazette 26 Mar 1999 p. 1283.]

3.44G.Notice to be given as to restrictions on smoking

A person who, at an enclosed workplace, is an employer or a person having control of the workplace must ensure that notice is given or displayed to persons working in the workplace to the effect that smoking by those persons is prohibited in the workplace.

Penalty: $25 000.

[Regulation 3.44G inserted in Gazette 26 Mar 1999 p. 1283.]

3.44H.Persons not to work in a designated smoking area when persons are smoking in that area

(1)A person who, at an enclosed workplace, is an employer must ensure that no employee is required to work in a designated smoking area when a person is smoking in that area.

(2)A person who, at an enclosed workplace, is a self‑employed person must not work in a designated smoking area when a person is smoking in that area.

Penalty applicable to subregulations (1) and (2): $25 000.

[Regulation 3.44H inserted in Gazette 26 Mar 1999 p. 1283‑4.]

3.44I.Inspectors may require certain persons to extinguish tobacco products

(1)If an inspector has reasonable cause to believe that a person is smoking in contravention of regulation 3.44B the inspector may require the person to extinguish the tobacco product that the person is smoking.

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

Penalty: $5 000.

[Regulation 3.44I inserted in Gazette 26 Mar 1999 p. 1284.]

Division 4 — Noise control and hearing protection

3.45.Interpretation

In this Division — 

exposure standard for noise, in relation to a person, means — 

(a)an LAeq,8h of 85dB(A); or

(b)an L C,peak of 140 dB(C),

measured at the position of the person’s ear without taking into account any protection which may be provided to the person by personal hearing protectors;

LAeq,8h means an 8 hour equivalent continuous A‑weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, that is to say, the steady noise level which would, in the course of an 8 hour period, cause the same A‑weighted sound energy that would be caused by the actual noise during an actual working day, determined in accordance with AS/NZS 1269.1;

L C,peak means C‑weighted peak noise level, that is to say, the C‑weighted peak hold sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1;

noise means any unwanted or damaging sound;

personal hearing protectors means a device, or pair of devices, worn by a person or inserted in the ears of a person to protect the person’s hearing.

[Regulation 3.45 amended in Gazette 17 Dec 1999 p. 6230; 8 Mar 2002 p. 962.]

3.46.Avoidance of noise above exposure standard

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must, as far as practicable, ensure that noise to which a person is exposed at the workplace does not exceed the exposure standard for noise.

Penalty: $25 000.

3.47Standard of personal hearing protectors

If it is not practicable to avoid exposing a person at a workplace to noise above the exposure standard for noise then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that the first‑mentioned person is provided with personal hearing protectors that have been selected in accordance with the procedures specified in AS/NZS 1269.3.

Penalty: $25 000.

[Regulation 3.47 inserted in Gazette 17 Dec 1999 p. 6230‑1.]

Division 5 — Prevention of falls at workplaces

[Heading inserted in Gazette 30 Mar 2001 p. 1767.]

3.48.Definition

In this Division —

anchorage means an anchorage point for a fall injury prevention system;

fall injury prevention system means a system designed to —

(a)arrest a person’s fall from one level at a workplace to another; and

(b)minimise the risk of injury or harm to a person who falls from one level at a workplace to another.

[Regulation 3.48 inserted in Gazette 30 Mar 2001 p. 1767.]

3.49.Identification and assessment of hazards in relation to falling

Without limiting regulation 3.1, a person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must — 

(a)identify each hazard to which a person at the workplace is likely to be exposed in relation to the person falling from one level at the workplace to another;

(b)assess the risk of injury or harm to a person resulting from each hazard, if any, identified under paragraph (a); and

(c)consider the means by which the risk may be reduced.

Penalty: $25 000.

[Regulation 3.49 inserted in Gazette 30 Mar 2001 p. 1768.]

3.50.Anchorage and fall injury prevention systems to be capable of withstanding forces caused by a fall

An employer, main contractor, self‑employed person or the person having control of the workplace must ensure that an anchorage or a fall injury prevention system at a workplace is designed, manufactured, constructed, selected, or installed so as to be capable of withstanding the force applied to it as a result of a person’s fall at the workplace.

Penalty: $25 000.

[Regulation 3.50 inserted in Gazette 30 Mar 2001 p. 1768.]

3.51.Inspection etc. of fall injury prevention systems

A person who, at a workplace, is an employer, the main contractor, a self‑employed person or the person having control of the workplace must ensure, in relation to each fall injury prevention system provided at the workplace that —

(a)each component of the system and its means of attachment to an anchorage is inspected by a competent person —

(i)after it is installed but before it is used;

(ii)at regular intervals; and

(iii)immediately after it has operated or should have operated in relation to a person’s free fall at the workplace;

and

(b)any component of the system or its means of attachment to an anchorage that, on an inspection referred to in paragraph (a), shows wear or weakness is withdrawn from use until it is replaced with a properly functioning component.

Penalty: $25 000.

[Regulation 3.51 inserted in Gazette 30 Mar 2001 p. 1768‑9.]

3.52.Fall injury prevention system to be protected where welding etc. being done

If welding or an allied process is being done at a workplace where a fall injury prevention system is in operation then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that —

(a)a person using the system is protected from hot particles or sparks resulting from the welding or allied process; and

(b)the system is protected from hot particles or sparks resulting from the welding or allied process.

Penalty: $25 000.

[Regulation 3.52 inserted in Gazette 30 Mar 2001 p. 1769.]

3.53.Inspection of anchorages

A person who, at a workplace, is an employer, the main contractor, a self‑employed person or the person having control of the workplace must ensure —

(a)that an anchorage at the workplace is inspected by a competent person and —

(i)in the case of an anchorage that is permanently fixed and in regular use, inspected at intervals not greater than 6 months; and

(ii)in the case of an anchorage that is permanently fixed but not in regular use, inspected before it is used;

(b)where, in the opinion of the competent person, an anchorage is worn or the load bearing capacity of the anchorage may be impaired —

(i)that the anchorage is not used while it is in that condition; and

(ii)while the anchorage is in that condition, that it is tagged to indicate that it is not to be used;

and

(c)that an anchorage that has been repaired is not used unless it has been inspected by a competent person who is of the opinion that the anchorage can be used again.

Penalty: $25 000.

[Regulation 3.53 inserted in Gazette 30 Mar 2001 p. 1769.]

3.54.Protection in relation to holes and openings

(1)A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that any hole or opening (other than a liftwell, 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 building or structure at the workplace is covered with a material that is —

(i)strong enough to prevent persons or things entering or falling through or into the hole or opening; and

(ii)securely fixed to the floor;

or

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

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

(ii)is covered with a material that is —

(I)strong enough to prevent persons or things entering or falling through or into the hole or opening; and

(II)securely fixed to the floor.

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

(a)be at least 4 mm in diameter;

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

(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 applicable to subregulations (1) and (3): $25 000.

[Regulation 3.54 inserted in Gazette 30 Mar 2001 p. 1770‑1.]

3.55.Edge protection

(1)A person who at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that edge protection that complies with subregulation (5) is provided and kept in place whenever there is a risk that a person could fall 2 or more metres from the edge of —

(a)a scaffold, fixed stair, landing or suspended slab at the workplace; or

(b)formwork or falsework at the workplace.

Penalty: $25 000.

(2)A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that either —

(a)edge protection that complies with subregulation (5) is provided and kept in place whenever there is a risk that a person could fall 3 or more metres from an edge at the workplace other than an edge referred to in subregulation (1); or

(b)a fall injury prevention system is provided and in operation whenever there is a risk that a person could fall 3 or more metres from an edge at the workplace other than an edge referred to in subregulation (1).

Penalty: $25 000.

(3)When a fall injury prevention system that is designed to be attached to a person is provided in accordance with subregulation (2)(b), a person who is at risk of falling from the structure must use the system.

Penalty: $5 000.

(4)When a fall injury prevention system that is not designed to be attached to a person is provided in accordance with subregulation (2)(b), a person who is at risk of falling from the structure must ensure, before the person ascends the structure, that the system is in operation.

Penalty: $5 000.

(5)Edge protection must have —

(a)a top rail —

(i)positioned not less than 900 mm and not more than 1 100 mm above the working surface; and

(ii)that is capable of withstanding a force of 0.55 kN applied to any point of the guard rail system;

and

(b)either —

(i)a mid rail and a toe board; or

(ii)a toe board and a mesh panel that comprises wire that is not less than 3 mm in diameter and apertures not greater than 75 mm x 50 mm and that fills the space between the top rail and the toe board.

[Regulation 3.55 inserted in Gazette 30 Mar 2001 p. 1771‑2.]

3.56.Grid mesh and checker plate flooring panels

A person who, at a workplace that is a construction site, is the main contractor, an employer, or a self‑employed person must ensure that if grid mesh or checker plate flooring panels are being installed at the workplace — 

(a)subject to paragraph (b), then each panel is securely fixed, in accordance with the manufacturer’s specifications, to a supporting structure before the support structure is placed into position on the building or structure under construction; and

(b)where it is not practicable to fix the panels to a supporting structure, then each panel is securely fixed to the building or structure under construction immediately after the panel is placed into position.

Penalty: $25 000.

[Regulation 3.56 inserted in Gazette 30 Mar 2001 p. 1772.]

3.57.Working on or from brittle or fragile roofing

(1)A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that if a person is required to work on or from a roof at the workplace where brittle or fragile material forms the whole or any part of the roof then —

(a)the person to work on or from the roof is informed that the roof is wholly or in part brittle or fragile, as is relevant to the case;

(b)the person to work on or from the roof is provided with a safe working platform and safe access way;

(c)the person to work on or from the roof is trained and instructed on —

(i)the precautions to be taken;

(ii)how and where to access the roof; and

(iii)how and where to gain access to the working platform or access way referred to in paragraph (b);

and

(d)to the extent practicable, a warning notice bearing the words “DANGER — FRAGILE ROOFING — USE WORKING PLATFORM” is placed at each place where a person who is to work on or from the roof is to access the roof.

Penalty: $25 000.

(2)Without limiting regulation 3.1, if at a workplace brittle or fragile material forms the whole or part of a roof that is to be removed, a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must before the roof is removed —

(a)identify which areas of the roof are made of a brittle or fragile material; and

(b)assess the stability of the structure that supports the roof and the soundness of the roof.

Penalty: $25 000.

(3)A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure, if a person is required to work on or from a roof at the workplace where brittle or fragile material forms the whole or any part of the roof and there is a risk that that person might fall through the roof, and if there is no other practicable means of preventing the person falling through the roof, that —

(a)non‑corrosive safety mesh that is capable of preventing a person falling through the roof is securely fixed directly over the top of, or directly underneath, the brittle or fragile areas; or

(b)barriers are securely fixed and adequately maintained around the brittle or fragile areas.

Penalty: $25 000.

(4)A person must not remove a notice referred to in subregulation (1) without the authority of the person who caused the notice to be placed.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

[Regulation 3.57 inserted in Gazette 30 Mar 2001 p. 1772‑4.]

Division 6 — Electricity

3.58.Definition

In this Division — 

supply authority has the meaning that it has in the Electricity Act 1945,

and, for the purposes of this Division, a reference in AS/NZS 3012 to a supply authority is to be treated as a reference to a supply authority as defined in this regulation.

3.59.Electrical installations at workplaces

A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that — 

(a)all electrical installations at the workplace are designed, constructed, installed, protected, maintained and tested so as to minimise the risk of electrical shock or fire; and

(b)each connection on a flexible cord that is installed or renewed at the workplace after 1 October 1996 is of either the moulded one part non‑rewireable or transparent type.

Penalty: $25 000.

3.60.Protection against earth leakage current when portable equipment in use

(1)This regulation applies to a workplace other than one to which AS/NZS 3012 applies but does not apply to a workplace at which the supply of electricity — 

(a)does not exceed 32 volts alternating current;

(b)is direct current;

(c)is provided through an isolating transformer complying with AS/NZS 3108; or

(d)is provided from the unearthed outlet of a portable generator.

(2)In this regulation — 

hand‑held equipment means portable equipment — 

(a)of a kind that is intended to be held in the hand during normal use; and

(b)the motor, if any, of which forms an integral part of the equipment;

portable equipment means equipment that is — 

(a)connected to an electricity supply; and

(b)intended to be moved when it is in use,

and includes, but is not limited to, hand‑held equipment;

workplace means a workplace to which this regulation applies.

(3)A person having control of a workplace — 

(a)must ensure that each non‑portable residual current device installed at the workplace is kept in a safe working condition and tested on a regular basis to ensure its continued effective operation;

(b)must provide, where electricity is supplied to portable equipment through a fixed socket at the workplace, protection against earth leakage current by means of — 

(i)a non‑portable residual current device installed at the switchboard; or

(ii)by a non‑portable residual current device built into a fixed socket which, having regard to the primary use of the socket and its location, is likely to be used by a person operating portable equipment;

and

(c)must ensure where a non‑portable residual current device has been — 

(i)installed at a switchboard, that a notice is displayed in a prominent place at or near the switchboard indicating that a non‑portable residual current device has been installed at the switchboard; or

(ii)built into a fixed socket, that the socket can be identified as providing protection against earth leakage current.

Penalty: $25 000.

(4)A person who is an employer or a self‑employed person at a workplace — 

(a)must ensure that each portable residual current device used at the workplace by the person or an employee of the person is kept in a safe working condition and tested on a regular basis to ensure its continued effective operation; and

(b)where the employer or a self‑employed person is not satisfied that protection against earth leakage current has been provided by means of a non‑portable residual current device — 

(i)must provide a portable residual current device for use with each item of portable equipment used by the person or an employee of the person at the workplace; and

(ii)must ensure that a portable residual current device is directly connected to the output side of a fixed socket and that an item of portable equipment being used by the person or an employee of the person is directly connected to the output side of that portable residual current device.

Penalty: $25 000.

(5)An employee who is provided with a portable residual current device for use with an item of portable equipment at a workplace must not use the portable equipment unless the portable residual current device is directly connected to the output side of a fixed socket and the item of portable equipment is directly connected to the output side of that portable residual current device.

Penalty: $5 000.

[Regulation 3.60 inserted in Gazette 12 Sep 1997 p. 5177‑8; amended in Gazette 6 Feb 1998 p. 665; 17 Dec 1999 p. 6231‑2.]

3.61.Electrical installations on construction sites etc.

If work of a type referred to in clause 1.2 of AS/NZS 3012 is to be done then a person who, in relation to the workplace is an employer, the main contractor or a self‑employed person must ensure that — 

(a)the requirements of AS/NZS 3012 are complied with in relation to matters within the scope of AS/NZS 3012 except clause 2.3.5 of that Standard;

(b)each socket outlet provided on a switchboard for the connection of portable appliances and equipment is individually controlled by a double pole switch or other device that provides the same level of safety as a double pole switch; and

(c)no aerial cable is fixed onto, or attached to, a scaffold.

Penalty: $25 000.

3.62.Tester to record licence number on tag

A person who conducts under clause 3.6, 3.7 or 3.8 of AS/NZS 3012 a test on an item of portable electrical equipment or a portable residual current device that is intended for use at a workplace must ensure that, in addition to the information referred to in clause 3.9.2 of that Standard, the tag bears the person’s licence number as an electrical worker under the Electricity Act 1945.

Penalty: $2 000.

3.63.Records of electrical equipment test results to be provided

If a person brings to a workplace to which regulation 3.61 applies an item of portable electrical equipment or a portable residual current device required under AS/NZS 3012 to be tested then that person must, before the thing is used at the workplace — 

(a)provide the main contractor with a record of the relevant testing data under that Standard for the thing; and

(b)ensure that the tag bears the licence number of the electrical worker who conducted the test.

Penalty: $2 000.

3.64.Restrictions on working in vicinity of overhead power lines

(1)In this regulation — 

“danger zone” means anywhere that — 

(a)is within 0.5 metres of a live insulated overhead power line or aerial bundled conductor line of a voltage of not more than 1 000 volts;

(b)is within 1.0 metre of a live uninsulated overhead power line of a voltage of not more than 1 000 volts;

(c)is within 3.0 metres of a live overhead power 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 power line, whether insulated or not, of a voltage exceeding 33 000 volts;

“overhead power line” means an overhead line for the transmission of electrical energy.

(2)Subject to subregulation (3), without limiting clause 2.5.7 of AS/NZS 3012, a person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that an employee or any plant or material used or controlled by an employee does not enter the danger zone of an overhead power line.

Penalty: $25 000.

(3)A person does not commit an offence under subregulation (2) if, proof of which is on the person —

(a)the overhead power 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 employee is authorised to carry out electrical work under the Electricity Act 1945.

[Regulation 3.64 inserted in Gazette 17 Dec 1999 p. 6232‑3.]

3.65.Connecting electricity to construction sites

The main contractor at a construction site must ensure, if it is practicable to do so, that by the time when work on the site has reached plate height or the equivalent, electricity has been supplied to the site from a supply authority’s service line or service cable by way of a temporary or permanent connection.

Penalty: $10 000.

Division 7 — Scaffolds, gantries, hoardings and barricades and formwork

3.66.Definitions

In this Division — 

barricade means a temporary fence consisting of rigid vertical and horizontal members;

cantilevered scaffold means a scaffold which is supported by cantilevered load‑bearing members, but does not include a scaffold the platform of which is carried on frames attached to or supported by permanent or temporary construction;

gantry means a structure that is used — 

(a)for the overhead protection of persons; and

(b)for the support of materials and persons;

hoarding means a substantial and fully sheeted fence or screen;

hung scaffold means a scaffold which is hung from another structure and which is not capable of being raised or lowered when in use;

scaffold means a temporary structure, stage or platform specifically erected to support access or working platforms, persons, plant or other material but does not include a gantry;

scaffolding equipment means any component, assembly or machine used or intended to be used in the construction of a scaffold;

spur scaffold means a scaffold which is partially supported by inclined load bearing members;

suspended scaffold means a scaffold incorporating a suspended platform which is capable of being raised or lowered when in use and includes a boatswain’s chair.

3.67.Scaffolds and scaffolding equipment to be in accordance with Standard

(1)A person who erects or dismantles a scaffold at a workplace must ensure that the erection or dismantling, as the case may be, is done in accordance with the relevant requirements of AS/NZS 1576 Parts 1 to 5.

(2)A person who designs, manufactures, imports or supplies scaffolding equipment for use at a workplace must ensure that it complies with the relevant requirements of AS/NZS 1576 Parts 1 to 5.

Penalty applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

3.68.Area for scaffold to be kept clear

A person who is the main contractor at a workplace or, if there is not a main contractor, a person who causes a scaffold to be erected at a workplace, must ensure that an area where a scaffold is to be erected is clear of rubbish and any material and equipment not required for immediate use.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

3.69.Welding of lugs and saddle pieces

(1)A person who welds a lug or saddle piece to a steel structure or tank which supports, or is to support, a scaffold at a workplace must not depart for any purpose whatever leaving the lug or saddle piece partially and incompletely welded.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

(2)A person who welds a lug or saddle piece to a steel structure or tank which supports, or is to support, a scaffold at a workplace must endorse his or her initials, with a durable crayon, on the structure or tank, immediately adjacent to every lug or saddle piece that has been finally and completely welded.

Penalty: $2 000.

3.70.Warning signs etc. for incomplete scaffolds

If a scaffold is being erected at a workplace but is still incomplete then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that danger tags, warning signs or other appropriate measures are used to prevent unauthorised access to the scaffold during the times when it is left unattended.

Penalty: $25 000.

3.71.Certain scaffolds not to be used

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that no person is required to use a scaffold that is incomplete or in relation to which there is a danger tag, warning sign or other measure for the prevention of unauthorised access to the scaffold.

Penalty: $25 000.

3.72.Inspection and marking of certain scaffolds

(1)A person who is the main contractor at a workplace or if there is not a main contractor, the person who causes to be erected at a workplace a cantilevered scaffold, a hung scaffold, a spur scaffold, a suspended scaffold or any scaffold from which a person or thing could fall more than 4 metres, must ensure that the scaffold is inspected by a competent person — 

(a)before the scaffold is used;

(b)after the scaffold is altered or repaired; and

(c)at least every 30 days,

and tagged during the inspection in accordance with subregulation (2).

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

(2)For the purposes of subregulation (1), the scaffold is to be tagged in a prominent position at every access to the scaffold with a durable tag that is integrated into the scaffold and on which is legibly recorded in durable material — 

(a)the date that the scaffold was erected, altered or repaired, as the case may be;

(b)the name and signature of the person doing the inspection; and

(c)whether the scaffold is to be used for — 

(i)light duty;

(ii)medium duty; or

(iii)heavy duty,

as defined by AS/NZS 1576.1.

3.73.Scaffold not to be moved etc. without authority

A person must not remove or alter a scaffold or any part of a scaffold at a construction site without the authority of the main contractor.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

3.74.Lowering scaffolding equipment

A person working on a construction site who lowers any scaffolding equipment from any building or structure must do so carefully, without throwing or dropping the scaffolding equipment.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

3.75.Hoardings and barricades

The main contractor at a construction site must ensure, for the purposes of reducing the risk of injury or harm to persons who are or who are likely to be in the vicinity of, but not on the construction site, that — 

(a)until a hoarding (or, if a barricade could provide adequate protection against the risk, a barricade) has been erected, no other construction work is done at the site; and

(b)the hoarding or barricade remains in place until the completion of all the other construction work, unless, in the case of a barricade, it is replaced by a hoarding.

Penalty: $25 000.

3.76.Gantries

If there is a risk of an object or material used in construction work falling, whether from a crane or otherwise, onto persons who are likely to be in an area that is in the vicinity of, but not on the construction site, the main contractor at the construction site must ensure that — 

(a)a gantry is erected in the area;

(b)no construction work other than the erection of the gantry in the area is done at any place on the site adjacent to the area until the gantry is erected; and

(c)the gantry remains in place until the completion of all the other construction work or until there is no longer the risk that required the presence of the gantry.

Penalty: $25 000.

3.77.Level of protection required

The main contractor at a construction site must ensure that the design, erection, use and maintenance of a hoarding, barricade or gantry at the site is such that, having regard to the construction work to be done, the hoarding, barricade or gantry — 

(a)is self‑supporting; and

(b)can withstand the loading, if any, to be placed on it.

Penalty: $25 000.

3.78.No unauthorised removal etc.

A person must not remove or make any alteration to a barricade, hoarding or gantry on a construction site without the authority of the main contractor.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

3.79.Requirements as to formwork

A person who, at a workplace is an employer, the main contractor or a self‑employed person must ensure that formwork is not constructed or used at the workplace unless the formwork is so designed, erected, supported, braced and maintained that it supports safely all vertical or lateral loads and withstands any force that may be applied to the loads until the loads are supported by a concrete structure.

Penalty: $25 000.

3.80.Formwork to be contained within workplace

The main contractor at a workplace must ensure that if formwork is used at the workplace then material is placed around the formwork so that in the event that the formwork fails, no component of the formwork goes outside the workplace area.

Penalty: $25 000.

3.81.Stripping and lowering of formwork

(1)A person who strips formwork must — 

(a)do the work in a systematic manner and so as to minimise damage to the components;

(b)remove nails and sharp fixings before stacking the components; and

(c)upon completion of the work, stack the components of the formwork so that there is no obstruction either to access ways or to work areas.

(2)A person who lowers any formwork from any building or structure must do so carefully, without throwing or dropping the formwork.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

Division 8 — Work in confined spaces

3.82.Definition

In this Division — 

confined space means an enclosed or partially enclosed space which — 

(a)is not intended or designed primarily as a workplace;

(b)is at atmospheric pressure during occupancy; and

(c)has restricted means for entry and exit,

and which either — 

(d)has an atmosphere containing or likely to contain potentially harmful levels of contaminant;

(e)has or is likely to have an unsafe oxygen level; or

(f)is of a nature or is likely to be of a nature that could contribute to a person in the space being overwhelmed by an unsafe atmosphere or a contaminant;

contaminant means any substance, the presence of which may be harmful to safety or health.

[Regulation 3.82 amended in Gazette 17 Dec 1999 p. 6233.]

3.83.Duties of designers, manufacturers and suppliers of things with confined spaces

(1)A person who designs, manufactures or supplies, for use at a workplace, a thing constituting or containing a confined space must ensure, as far as practicable, that the design eliminates the need for a person to enter the confined space.

(2)If it is not practicable to eliminate the need for a person to enter or work in a confined space at the workplace, then a person who designs, manufactures or supplies the thing constituting or containing the confined space must ensure — 

(a)where practicable, that the thing constituting or containing the confined space is designed to minimise risks of injury or harm to a person who enters or works in the confined space; and

(b)that the thing constituting or containing the confined space is provided with safe means of entry and exit.

Penalty applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

3.84.Modification of confined spaces

A person who modifies a thing constituting or containing a confined space at a workplace must ensure that the thing is not modified to the detriment of the safe means of entry and exit.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

3.85.Work in confined spaces to comply with Standard

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that the provisions of AS 2865 are complied with in relation to work done in a confined space at the workplace.

Penalty: $25 000.

3.86.When persons to stand by confined spaces

If, at a workplace, there is a risk of injury or harm to a person who enters or works in a confined space then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that no person enters or works in the confined space unless another person is present in the immediate vicinity outside the confined space.

Penalty: $25 000.

3.87.Training in relation to work in confined spaces

(1)If a person is to enter or work in a confined space at a workplace then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that persons referred to in subregulation (2) receive training on the matters referred to in subregulation (3).

Penalty: $25 000.

(2)The persons to receive the training are the persons who — 

(a)work in or near a confined space;

(b)manage or supervise persons working in or near confined spaces;

(c)purchase or maintain equipment used by, or for the rescue or protection of, persons working in or near confined spaces;

(d)are required to be in the immediate vicinity outside the confined space for the purposes of regulation 3.86; and

(e)are involved in rescue and first aid procedures in relation to persons working in or near confined spaces.

(3)The training is to include the following matters — 

(a)the hazards of the confined space;

(b)assessment procedures;

(c)control measures;

(d)emergency procedures; and

(e)the selection, use, fit, storage and maintenance of safety equipment.

Division 9 — Safety requirements in relation to certain work processes

Subdivision 1 — Tilt‑up concrete and precast concrete elements for use in buildings

3.88.Work to be in accordance with Standard

(1)A person who, at a construction site where concrete tilt‑up panels are to be cast on the site and tilted or lifted into place, is the main contractor, an employer or a self‑employed person must ensure that — 

(a)the safety requirements for the erection of the panels; and

(b)the design, casting and erection of the panels,

are in accordance with the relevant requirements of AS 3850.1 and AS 3850.2.

(2)A person who, at a construction site where precast concrete members for building construction are to be erected and lifted into place, is the main contractor, an employer, or a self‑employed person must ensure that — 

(a)the safety requirements for the erection of the concrete members; and

(b)the erection of the concrete members,

are in accordance with the relevant requirements of AS 3850.1.

(3)A person who, at a workplace where precast concrete members for building construction are to be loaded or unloaded, is an employer, the main contractor or a self‑employed person must ensure that the loading or unloading is in accordance with the relevant requirements of AS 3850.3.

Penalty applicable to subregulations (1), (2) and (3): $25 000.

Subdivision 2 — Moulding and casting

3.89.Moulding and casting

(1)A person who, at a workplace at which moulding or casting of metal is done, is an employer, a main contractor or a self‑employed person must ensure that the moulding or casting is not done within 3 metres of — 

(a)any part of a furnace that is in use; or

(b)any part of a receptacle or ladle that is in use or about to be used in the process of tapping hot metal from a furnace.

(2)A person does not commit an offence under subregulation (1) if, proof of which is on the person, the moulding or casting is of a type that is required to be done in close proximity to, or in direct contact with, a furnace.

(3)A person who, at a workplace at which moulding or casting of metal is done, is an employer, a main contractor or a self‑employed person must ensure — 

(a)that the surface on which moulding or casting is done is level;

(b)if molten metal is to be carried by hand, that the walkway or floor over which it is carried is as even and level as practicable; and

(c)that the area within a 3 metre radius of the place where moulding or casting is being done is kept clear of any hazard.

Penalty applicable to subregulations (1) and (3): $25 000.

3.90.Pit or deep mould

A person who, at a workplace at which a pit or deep mould is used for the moulding or casting of metal, is an employer, a main contractor or a self‑employed person must ensure — 

(a)that around the pit or deep mould there is a fence at least one metre high with a fender board and that the fence is removed only for the purposes of working the pit or deep mould;

(b)in the case of a below ground pit furnace, that the pit is either fenced in accordance with paragraph (a) or that any unfenced areas are covered by a substantial grating that is hinged or otherwise moveable so as to allow the removal of metal from the furnace;

(c)in the case of a pit or deep mould that is used frequently, that the internal walls are lined with bricks or concrete or other material that provides adequate reinforcement and keeps the pit or mould dry;

(d)in the case of a pouring pit at which a ladle is used for taking molten metal from the furnace, that either — 

(i)there is permanently fitted an automatic guiding mechanism that prevents spillage; or

(ii)there is a clearance of at least 300 mm between the side of the pit and any part of the ladle or attachment to the ladle;

and

(e)in the case of a pit or deep mould where a person is required to stand or work over or near the edge of the pit or deep mould, that the floor or walkway on which the person works is at a uniform level and that the edge is covered by a grating that — 

(i)is substantial enough to prevent a person falling into the opening; and

(ii)as far as practicable, is flush with the surrounding floor and walkways.

Penalty: $25 000.

3.91.Ladles

A person who, at a workplace at which moulding or casting of metal is done, is an employer, a main contractor or a self‑employed person must ensure that — 

(a)each hand‑carried ladle is fitted with a suitable shield or guard to protect each person carrying the ladle from the effects of radiant heat;

(b)each handle on a hand‑carried ladle has safe gripping points;

(c)when a double‑handled ladle is used, there is not carried a mass greater than a mass calculated on the basis of 19 kilograms for each person operating the ladle;

(d)where practicable, each lip pouring ladle is fitted with a safety device to prevent the accidental tipping of the ladle;

(e)each lip pouring ladle that has a capacity of more than 500 kilograms is fitted with — 

(i)a gear‑operated device that enables the operator to directly control the tilting of the ladle at all times; and

(ii)a locking mechanism which prevents the ladle from tilting until the locking mechanism is released by the operator;

(f)each bottom pouring ladle is fitted with an opening mechanism that enables the operator to directly control the ladle at all times, even if the ladle strikes another object;

(g)that maintenance work on a ladle is not done in the vicinity of moulding or casting work; and

(h)ladles are not heated or dried in a foundry by means of an open coal, coke or wood fire unless the means of extracting fumes generated by the heating or drying process and the means of ventilation are as close as practicable to the point where the heating or drying is done.

Penalty: $25 000.

3.92.Work under suspended loads at foundries

A person who, at a workplace that is a foundry, is an employer or a self‑employed person must ensure that no work is done in the foundry under a moulding box, core or casting unless the box, core or casting, as the case may be, is securely supported either on a trestle or on a support of a similar kind.

Penalty: $25 000.

3.93.Moulds or chills for spare metal

A person who, at a workplace at which moulding or casting of metal is done, is an employer, a main contractor or a self‑employed person must ensure that an adequate number of moulds or chills into which spare metal may be poured are immediately available to persons doing moulding or casting.

Penalty: $25 000.

Subdivision 3 — Welding and allied processes

3.94.Definitions

In this Subdivision — 

allied process includes cutting, grinding and gouging associated with welding;

welding means the joining of material by means of heat or pressure or both so that the material is united in a homogenous mass.

3.95.Atmosphere safety when welding etc.

A person who, at a workplace at which welding or an allied process is done, is an employer, a main contractor or a self‑employed person must ensure, for the purposes of complying with regulation 3.38 in relation to the workplace, that the means of extracting fumes generated by the welding or the allied process and the means of ventilation are as close as practicable to the point where the welding or allied process is done.

Penalty: $25 000.

3.96.Welding and allied processes to be in accordance with Standard

A person who, at a workplace at which welding or an allied process is done, is an employer, a main contractor or a self‑employed person must ensure that the welding or allied process is done in accordance with the provisions of AS 1674 applying to the type of welding or allied process.

Penalty: $25 000.

3.97.Protective screens

A person who, at a workplace at which an electric welding process is done, is an employer, a main contractor or a self‑employed person must ensure, where practicable, that suitable screens are provided to protect persons in the vicinity of the welder from harmful rays produced by the process.

Penalty: $25 000.

3.98.Flash arresters etc.

(1)A person who, at a workplace at which gas welding, heating, cutting or an allied process is done, is an employer, a main contractor or a self‑employed person must ensure that a flashback arrester is fitted — 

(a)on the operator’s side of each regulator connection or gas discharge of a manifolded cylinder pack; and

(b)to the blowpipe.

Penalty: $25 000.

[(2)repealed]

[Regulation 3.98 amended in Gazette 17 Dec 1999 p. 6233; 8 Mar 2002 p. 962.]

Subdivision 4 — Spray painting

3.99.Definitions

In this Subdivision — 

flammable paint means any — 

(a)paint; or

(b)other liquid used in a spray painting process,

with a flash point of or below 61°C when determined in accordance with AS 2106;

powder paint means any paint in solid powder form that is capable of being ignited;

spray painting means the application, either alone or in combination, of flammable paint, toxic paint or powder paint to an object by a spray painting process, whether done manually, mechanically or automatically;

spray painting process means spray painting by one of the following methods — 

(a)airless — whereby flammable paint, toxic paint or powder paint, either alone or in combination, is ejected from a spray nozzle under hydraulic pressure;

(b)compressed air — whereby a mixture of air and flammable paint, toxic paint or powder paint, either alone or in combination, is applied under pressure;

(c)electrostatic — whereby an object and flammable paint, toxic paint or powder paint, either alone or in combination, are electrically charged at opposite polarities;

(d)any combination of the processes referred to in paragraphs (a), (b) and (c);

toxic paint means a paint, solvent, liquid or other material which contains a substance referred to in an item in Schedule 3.2 in the quantity and, where applicable, calculated in the manner, specified in that item.

3.100.Spray painting generally to be inside booth

(1)A person who, at a workplace at which spray painting is done, is an employer, a main contractor or a self‑employed person must ensure that the spray painting is done inside a booth that is designed, constructed, installed and maintained in accordance with AS/NZS 4114.

Penalty: $25 000.

(2)A person does not commit an offence under subregulation (1) if, proof of which is on the person — 

(a)it is not practicable to do the spray painting in a booth; or

(b)the work to be done is spotting, touching up, or another minor operation.

3.101.Electrostatic spray painting

A person who, at a workplace at which spray painting is done by an electrostatic process, is an employer, a main contractor or a self‑employed person must ensure that — 

(a)all electrical equipment complies with AS 2268 and AS 3000;

(b)the equipment has automatic controls that operate without delay — 

(i)to give audible warning; and

(ii)to disconnect the power supply to any high voltage transformer being used,

in the event of a failure of the ventilation system or stoppage of any conveyor carrying objects through the high voltage field used in the process;

(c)objects being painted are maintained in effective metallic contact with the conveyor or other earthed support and all hooks are kept clean to ensure maintenance of this contact; and

(d)where practicable, sharp points or knife edges and points of contact are shielded from random spray or are so located as not to collect spray material during normal operations.

Penalty: $25 000.

Subdivision 5 — Abrasive blasting

3.102.Definitions

In this Subdivision — 

abrasive blasting means propelling a stream of abrasive material at high speed against a surface by means of compressed air, liquid, steam, centrifugal wheels or paddles for the purpose of cleaning, abrading, etching or otherwise changing the original appearance or condition of the surface;

abrasive material means any substance, including metal shot, metal grit or slag (whether or not incorporated in water or other liquid or steam) used or intended to be used as an abrasive for abrasive blasting;

blasting cabinet means a structure used for abrasive blasting and which is designed so that when operating, the presence of a person inside the cabinet is not required;

blasting chamber means a structure used for abrasive blasting and which is designed so that when operating, the presence of a person inside the chamber is required;

compressed air wet abrasive blast cleaning means abrasive blasting where liquid is added to the abrasive material at least 3 metres before the nozzle exit of the propellant (or 100 mm before the nozzle exit when a venturi is used);

dry abrasive blasting means abrasive blasting conducted without the addition of water or other liquid to the abrasive material or its propellant;

pressurized liquid blast cleaning means the cleaning of an object using liquid that is compressed or pressurized;

wet abrasive blasting means compressed air wet abrasive blast cleaning or pressurized liquid blast cleaning.

3.103.Blasting equipment

(1)A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that equipment used for the purposes of abrasive blasting at the workplace — 

(a)is designed so that the person operating the nozzle can control the flow of abrasive material through the nozzle;

(b)has hose whip checks or hose coupling safety locks or both;

(c)in the case of equipment used for dry abrasive blasting, has an efficient means for the discharge of static electrical charge from the abrasive blasting nozzle; and

(d)in the case of equipment used for wet abrasive blasting, has a water flow rate sufficient to prevent the generation of dust.

(2)A person who, at a workplace at which equipment is used for the purposes of abrasive blasting, is an employer, the main contractor, or a self‑employed person must ensure that — 

(a)the equipment includes a device designed to cut off automatically the flow of abrasive material through the nozzle if the person operating the nozzle becomes unable to do so; or

(b)procedures are in place which enable a person other than the person operating the nozzle to cut off the flow of abrasive material if the person operating the nozzle becomes unable to do so.

Penalty applicable to subregulations (1) and (2): $25 000.

[Regulation 3.103 amended in Gazette 17 Dec 1999 p. 6233‑4.]

3.104.Blasting chambers and cabinets

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that each blasting cabinet or blasting chamber at the workplace — 

(a)is constructed of hard wearing non‑combustible materials;

(b)is designed and maintained — 

(i)to prevent the escape of dust; and

(ii)to minimise internal projections on which dust may settle;

(c)which has any window or inspection port — 

(i)has each such window or inspection port fixed in a metal sash;

(ii)has each such window or inspection port maintained so as to permit effective inspection of operations; and

(iii)that is glazed, has glass that is toughened safety glass, laminated safety glass or safety wired glass manufactured to the requirements of AS 2208 for each such glazed window or inspection port;

and

(d)has a mechanical exhaust system that effectively extracts the dust from the blasting cabinet or the blasting chamber and which is arranged so as to prevent re‑entry of the extracted dust into the blasting cabinet or blasting chamber and the workplace.

Penalty: $25 000.

3.105.Lighting and exits for blasting chambers

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that each blasting chamber at the workplace — 

(a)has illumination to at least 200 lux, measured on a horizontal plane situated one metre above the floor; and

(b)has 2 exits — 

(i)located as far from each other as is practicable; and

(ii)both of which are fitted with a quick release system.

Penalty: $25 000.

3.106.Persons doing abrasive blasting to be protected

If, at a workplace, a person does abrasive blasting of a kind other than abrasive blasting done in a blasting cabinet, then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that — 

(a)the first‑mentioned person is provided with a supplied air respirator which is fitted with an inner bib; and

(b)the first‑mentioned person wears a shoulder cape, jacket or protective suit.

Penalty: $25 000.

3.107.Radioactive substances not to be used in abrasive blasting

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that no material containing any radioactive substance as defined in the Radiation Safety Act 1975 is used in any abrasive blasting at the workplace.

Penalty: $25 000.

Subdivision 6 — Excavations and earthworks

3.108.Assessment in relation to excavations

A person who, at a workplace where excavation work is to be done, is an employer, the main contractor or a self‑employed person must consider, as part of the assessment process referred to in regulation 3.1, whether any identified risk of injury or harm to persons doing the work or persons in the vicinity of the work may be reduced by any of the following means — 

(a)temporary support systems;

(b)battering;

(c)other forms of retaining structures whether of a temporary or permanent nature;

(d)de‑watering systems,

for use or application during and after the work.

Penalty: $25 000.

3.109.Where person at risk due to excavation

(1)If, at a workplace where excavation work is to be done, any person is at risk of injury because of the excavation work then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that there are erected, as closely as possible to any likely cause of the danger, suitable barriers to a height of not less than 900 mm between the person and the likely cause of the danger.

(2)If, at a workplace, there is an excavated area of dimensions which enable persons to move across the top of the area then a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that persons are able to move safely across the top of the area.

Penalty applicable to subregulations (1) and (2): $25 000.

3.110.No loads near excavation work

A person who, at a workplace where excavation work is done, is an employer, the main contractor or a self‑employed person must ensure that no item of plant, no excavated material and no other load is placed near the excavated area in a position where there is risk that — 

(a)the sides of the excavated area may collapse; or

(b)the plant, material or other load may fall into the excavated area.

Penalty: $25 000.

3.111.Shoring in excavations etc.

(1)If, at a workplace — 

(a)any excavation work or earthwork is to be done and there is a risk that the matter forming, or adjacent to, the excavated area or the earthwork may fall or dislodge; or

(b)a person is required to work in an excavated area or other opening in the ground that is at least 1.5 metres deep,

then a person who, at the workplace is an employer, the main contractor or a self‑employed person must ensure that while a person is working in or near the excavation or earthwork, the excavation or earthwork is shored in a manner which will prevent it from collapsing or moving.

Penalty: $25 000.

(2)A person does not commit an offence under subregulation (1) if, proof of which is on the person, the sides of the excavation or earthwork have been assessed by a competent person to be self‑supporting by virtue of the angle of the slope of the sides or the stability of the matter comprising the sides.

3.112.Certain excavation work not to be done in isolation

(1)If a person is required to work in an excavated area or in another opening in the ground, either of which is at least 1.5 metres deep, then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that the first‑mentioned person does not do any work without at least one other person being present in the immediate vicinity of the area where the work is being done.

Penalty: $25 000.

(2)A person does not commit an offence under subregulation (1) if, proof of which is on the person, the sides of the excavated area or opening have been assessed by a competent person to be self‑supporting by virtue of the angle of the slope of the sides or the stability of the matter comprising the sides.

3.113.Stability of affected buildings etc.

If any excavation work or earthwork to be done at a workplace is likely to adversely affect the stability of any building or structure or any road then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that the work is not commenced or continued unless the stability of the building or structure or the road is protected by sheet piling, shoring, bracing, guying or other appropriate means.

Penalty: $25 000.

Subdivision 7 — Demolition

[Heading inserted in Gazette 30 Mar 2001 p. 1774.]

3.114.Definitions

In this Subdivision —

class 1, in relation to demolition work, means demolition work of any of the following kinds — 

(a)work comprising the total demolition of a building or structure that is 10 metres or more in height when measured from the lowest ground level of the building or structure to the highest part of the building or structure;

(b)work — 

(i)comprising the partial demolition of a building or structure that is 10 metres or more in height when measured from the lowest ground level of the building or structure to the highest part of the building or structure; and

(ii)affecting the structural integrity of the building or structure;

(c)work — 

(i)comprising the total or partial demolition of a building or structure; and

(ii)involving the use of load shifting equipment on a suspended floor;

(d)work comprising the total or partial demolition of pre‑tensioned or post‑tensioned structural components of a building or structure;

(e)work comprising the total or partial demolition of a building or structure containing precast concrete elements erected by the tilt‑up method of construction;

(f)work involving the removal of key structural members of a building or structure so that the whole or a part of the building or structure collapses;

(g)work done to a building or structure involving explosives;

(h)work comprising the demolition or partial demolition of a building or 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 or asbestos cement roofing material in excess of 200 m2 from a building or structure if any part of the area to be removed is 10 metres or more above the lowest ground level of the building or structure;

class 2, in relation to demolition work, means demolition work comprising the total or partial demolition of a building or structure that is less than 10 metres in height when measured from the lowest ground level of the building or structure to the highest part of the building or structure but does not include —

(a)the total or partial demolition of a single storey dwelling; or

(b)work of a kind referred to in paragraphs (c), (d), (e), (f), (g), or (h) of the definition of “class 1”;

class 3, in relation to demolition work, means work comprising the removal of —

(a)more than 200 m2 of brittle or fragile roofing material; or

(b)more than 200 m2 of asbestos cement roofing,

from a building or structure;

demolitionmeans the complete or partial dismantling of a building or structure by pre‑planned and controlled methods or procedures;

licence means a licence issued under regulation 3.116(2);

licensed person, in relation to class 1, class 2 or class 3 demolition work, means a person who has been issued with a licence that allows the person to do that class of demolition work.

[Regulation 3.114 inserted in Gazette 30 Mar 2001 p. 1774‑5; amended in Gazette 7 Jun 2002 p. 2734.]

3.115.Application of Subdivision

(1)This Subdivision does not apply to the demolition of a building or structure by a person in the metal fabrication or engineering industry in the course of maintaining, refurbishing, upgrading, modifying or decommissioning plant.

(2)This Subdivision does not apply to the demolition of —

(a)a fence or wall less than 1.8 metres in height; or

(b)a building or structure less than 2 metres in height.

[Regulation 3.115 inserted in Gazette 30 Mar 2001 p. 1775‑6; amended in Gazette 7 Jun 2002 p. 2734.]

3.116.Class 1, 2 or 3 demolition licences

(1)A person may, in an approved form, apply to the Commissioner to be licensed to do class 1, class 2 or class 3 demolition work and the application is to be accompanied by the appropriate fee set out in Schedule 6.1A, which is to be refunded if the application is refused.

(2)On an application under subregulation (1) the Commissioner may issue to the applicant a licence to do class 1, class 2 or class 3 demolition work if the Commissioner is satisfied that the applicant is able to do that class of demolition work in a safe and proper manner.

(3)A licence may be issued subject to such conditions that the Commissioner sees fit and endorses on the licence.

(4)A licence has effect for 2 years from its issue unless it is sooner cancelled or suspended under subregulation (5).

(5)The Commissioner may, by notice in writing, cancel or suspend a licence issued to a person if —

(a)the person is convicted of an offence against these regulations or the Act; or

(b)in the opinion of the Commissioner, the person —

(i)breaches a condition of the licence; or

(ii)is unable to comply with a condition of the licence or a provision of these regulations or the Act.

[Regulation 3.116 inserted in Gazette 30 Mar 2001 p. 1776.]

3.117.Offence to do class 1, 2 or 3 demolition work unless licensed to do so and work to be done in accordance with conditions of licence

(1)A person must not do class 1 demolition work unless the person has been issued with a licence to do class 1 demolition work and the work is done in accordance with the conditions of the licence, if any.

(2)A person must not do class 2 demolition work unless the person has been issued with a licence to do class 1 or class 2 demolition work and the work is done in accordance with the conditions of the licence, if any.

(3)A person must not do class 3 demolition work unless the person has been issued with a licence to do class 1 or class 3 demolition work and the work is done in accordance with the conditions of the licence, if any.

(4)A person licensed to do class 2 demolition work must not do class 3 demolition work unless —

(a)the building or structure from which the roofing is removed is less than 10 metres in height when measured from the lowest ground level of the building or structure to the highest part of the building or structure; and

(b)the work is done in accordance with the conditions of the licence, if any.

Penalty applicable to subregulations (1), (2), (3) and (4) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1), (2), (3) and (4) in any other case: $25 000.

[Regulation 3.117 inserted in Gazette 30 Mar 2001 p. 1776‑7; amended in Gazette 7 Jun 2002 p. 2734‑5.]

3.118.Certain persons to ensure that persons doing class 1, 2 or 3 demolition work are licensed

A person who, at a workplace, is an employer, the main contractor, a self‑employed person or the person having control of the workplace must ensure that —

(a)any class 1 demolition work to be done at the workplace is done by a person who has been issued with a licence to do class 1 demolition work;

(b)any class 2 demolition work to be done at the workplace is done by a person who has been issued with a licence to do class 1 or class 2 demolition work;

(c)any class 3 demolition work to be done at the workplace on a building or structure that is less than 10 metres in height when measured from the lowest ground level of the building or structure to the highest part of the building or structure is done by a person who has been issued with a licence to do class 1, class 2 or class 3 demolition work; and

(d)any class 3 demolition work to be done at the workplace on a building or structure that is 10 metres or more in height when measured from the lowest ground level of the building or structure to the highest part of the building or structure is done by a person who has been issued with a licence to do class 1 or class 3 demolition work.

Penalty: $25 000.

[Regulation 3.118 inserted in Gazette 30 Mar 2001 p. 1777; amended in Gazette 7 Jun 2002 p. 2735.]

3.119.Commissioner to be notified of intention to do class 1, 2 or 3 demolition work in accordance with Standard

(1)A person who wishes to do class 1, class 2 or class 3 demolition work in a manner that would be in accordance with AS 2601 is to notify the Commissioner at least 5 working days before the work is intended to begin.

(2)The notification is to be in an approved form and is to be accompanied —

(a)by the name of the licensed person who will do the demolition work;

(b)subject to subregulation (3), by written confirmation of the licensed person that the demolition work will be done in accordance with AS 2601;

(c)by written confirmation of the licensed person that another person will not be allowed to do the demolition work unless that person has been trained in safe methods of demolition work by a training organisation registered under the Australian National Training Authority framework; and

(d)by written confirmation of the licensed person that the demolition work will be directly supervised by a competent person at all times when the demolition work is being done.

(3)For the purposes of subregulation (2)(b) it is not necessary for the licensed person to give written confirmation that the work plan required to be prepared under AS 2601 will be submitted to the Commissioner for approval.

[Regulation 3.119 inserted in Gazette 30 Mar 2001 p. 1777‑8.]

3.120.Application for Commissioner’s approval to do class 1, 2 or 3 demolition work not in accordance with Standard

(1)A person who wishes to do class 1, class 2 or class 3 demolition work but to do the work in a manner that would not be in accordance with AS 2601 is to apply, at least 10 working days before the work is intended to begin, to the Commissioner for approval to do the work.

(2)The application is to be in an approved form and is to 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 Commissioner requires to consider the application.

[Regulation 3.120 inserted in Gazette 30 Mar 2001 p. 1778.]

3.121.Commissioner to acknowledge receipt and result of application and may impose conditions

(1)The Commissioner is to acknowledge the receipt of an application under regulation 3.120 within 10 days of receiving the application.

(2)The acknowledgment is to include either — 

(a)advice to the effect that the demolition work has not been approved by the Commissioner;

(b)advice to the effect that the demolition work has been approved by the Commissioner without conditions; or

(c)advice to the effect that the demolition work has been approved by the Commissioner on conditions imposed or to be imposed by the Commissioner.

(3)The Commissioner may impose any condition that the Commissioner thinks is necessary in relation to any occupational safety and health matter in respect of demolition work that is the subject of an application under regulation 3.120 but if the Commissioner imposes a condition then it must be communicated to the applicant within 50 days from the day of the acknowledgment.

[Regulation 3.121 inserted in Gazette 30 Mar 2001 p. 1778.]

3.122.Class 1, 2 or 3 demolition work not to be done without notification or approval or until conditions set

A person must not do class 1, class 2 or class 3 demolition work unless — 

(a)in the case of work to be done in accordance with AS 2601, the Commissioner has been notified in accordance with regulation 3.119; or

(b)in the case of work that is not to be done in accordance with AS 2601, the Commissioner has approved the work under regulation 3.121 and conditions imposed or to be imposed by the Commissioner have been communicated to the person who applied for the approval.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

[Regulation 3.122 inserted in Gazette 30 Mar 2001 p. 1779.]

3.123.Demolition work other than class 1, 2 or 3 demolition work to be in accordance with Standard

(1)A person who, at a workplace where demolition work other than class 1, class 2 or class 3 demolition work is being done, is an employer, the main contractor or a self‑employed person must ensure, subject to subregulations (2) and (3), that the work is done in accordance with AS 2601.

Penalty: $25 000.

(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 Commissioner for approval.

[Regulation 3.123 inserted in Gazette 30 Mar 2001 p. 1779; amended in Gazette 7 Jun 2002 p. 2735.]

3.124.Class 1, 2 or 3 demolition work to be in accordance with Standard or approval

(1)A licensed person must ensure, subject to subregulation (2), that any class 1, class 2 or class 3 demolition work that is to be done in accordance with AS 2601 and which is done by the licensed person is done in accordance with AS 2601.

(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 Commissioner for approval.

(3)A licensed person must ensure, in relation to any class 1, class 2 or class 3 demolition work that is not to be done in accordance with AS 2601 and which is done by the licensed person that — 

(a)the work is done in accordance with the Commissioner’s approval to do the work under regulation 3.121; and

(b)there is compliance with each condition (if any) imposed by the Commissioner in relation to the approval to do the work.

Penalty applicable to subregulations (1) and (3) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (3) in any other case: $25 000.

[Regulation 3.124 inserted in Gazette 30 Mar 2001 p. 1779‑80.]

3.125.Certain documents to be at demolition workplaces

(1)A licensed person must ensure that at all times when class 1, class 2 or class 3 demolition work is being done by that person 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 Commissioner, in relation to the work;

(b)a copy of AS 2601; and

(c)a copy of the work plan referred to in AS 2601.

(2)A person who, at a workplace where demolition work other than class 1, class 2 or class 3 demolition work is being done, is an employer, the main contractor or a self‑employed person must ensure that at all times when the work is being done, 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 applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

[Regulation 3.125 inserted in Gazette 30 Mar 2001 p. 1780‑81; amended in Gazette 7 Jun 2002 p. 2735.]

3.126.Demolition work involving asbestos

(1)A person who, at a workplace where demolition work, other than class 1, class 2 or class 3 demolition work, that involves the demolition of a building or structure in which there is any thermal or acoustic insulating material containing asbestos is being done, must ensure that the work —

(a)does not commence or immediately ceases when the presence of the material is apparent; and

(b)does not proceed until the material has been removed in accordance with regulation 5.45.

(2)A licensed person who is doing class 1, class 2 or class 3 demolition work that involves the demolition of a building or structure in which there is any thermal or acoustic insulating material containing asbestos must ensure that the work —

(a)does not commence or immediately ceases when the presence of the material is apparent; and

(b)does not proceed until the material has been removed in accordance with regulation 5.45.

Penalty applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

[Regulation 3.126 inserted in Gazette 30 Mar 2001 p. 1781.]

3.127.Limited entry to area where demolition work being done

(1)A person who, at a workplace, is an employer, the main contractor or a self‑employed person must not allow any person to enter or remain in an area of the workplace where demolition work, other than class 1, class 2 or class 3 demolition work, has commenced other than — 

(a)a person doing the work;

(b)a person authorised by the employer, main contractor or self‑employed person to enter the area for a purpose connected with doing the work; or

(c)a person authorised under a written law to enter the area.

(2)A licensed person must not allow any person to enter or remain in an area of a workplace where class 1, class 2 or class 3 demolition work being done by the person has commenced other than — 

(a)a person doing the work;

(b)a person authorised by the licensed person to enter the area for a purpose connected with doing the work; or

(c)a person authorised under a written law to enter the area.

Penalty applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

[Regulation 3.127 inserted in Gazette 30 Mar 2001 p. 1781‑2.]

3.128.Scaffold used in demolition work to be heavy duty scaffold

(1)A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that any scaffold involved in demolition work at the workplace, other than class 1, class 2 or class 3 demolition work —

(a)is a heavy duty scaffold that meets the requirements of AS/NZS 1576.1;

(b)is erected to the full height of the building or structure;

(c)has a closely boarded platform with a minimum width of one metre that abuts on the face of the building or structure at the working level;

(d)has a fender board not less than 900 mm high fitted on the outer edge and on the ends of the working platform;

(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;

(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 done; 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 building or structure.

(2)A licensed person must ensure that any scaffold involved in class 1, class 2 or class 3 demolition work that the person is doing at a workplace complies with subregulation (1)(a) to (g).

Penalty applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

(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 Commissioner in relation to the demolition work.

[Regulation 3.128 inserted in Gazette 30 Mar 2001 p. 1782‑3.]

Part 4 — Plant

Division 1 — Preliminary

4.1.Definitions

In this Part and in Schedules 4.1, 4.2 and 4.3, unless the contrary intention appears — 

alter, in relation to plant, means to change the design of, add to or take away from the plant where the change may affect safety or health, but does not include routine maintenance, repairs or replacement;

amusement structure means equipment operated for hire or reward which provides entertainment or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment or move the equipment through self‑powered motion;

boiler means a vessel or an arrangement of vessels and their interconnecting parts in which steam or other 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 by similar high temperature means and — 

(a)includes superheaters, reheaters, economizers, boiler piping, supports, mountings, valves, gauges, fittings, controls, the boiler setting and other equipment directly associated with the boiler;

(b)does not include a fully flooded or pressurized system where water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid;

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

bridge crane means a crane comprising a bridge beam mounted at each end to an end carriage and capable of travelling along elevated runways and having one or more hoisting mechanisms arranged to traverse the bridge;

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

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

commissioning, in relation to plant, means performing the necessary adjustments, tests and inspections before the plant is used to ensure that the plant is in full working order in accordance with the requirements specified in the design of the plant, and includes recommissioning;

concrete placing unit means plant used to place concrete by way of pumping concrete through a pipeline attached to or forming part of a boom and capable of travelling over a supporting surface without the need for fixed runways or railway tracks and relying on gravity for stability, that is, with no vertical restraining connection between itself and the supporting surface and no horizontal restraining connection (other than frictional forces at supporting surface level) which could aid stability;

conveyor means an apparatus or equipment worked by any power other than manual power and by which loads can be raised, lowered, transported or continuously driven by — 

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

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

(c)a rotating screw;

(d)a vibration or walking beam; or

(e)a powered roller conveyor where the rolls are driven by an endless belt, rope or chain,

and includes the supporting structure, auxiliary equipment and gear used in connection with the conveyor;

crane means plant that is used for the raising or lowering of a freely suspended load and moving a load horizontally and —

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

(b)does not include any industrial lift truck, industrial robot, building maintenance equipment, suspended scaffold or lift;

design verifier means a person competent to undertake the tasks set out in regulation 4.3(2)(c);

earthmoving machinery means an operator controlled item of plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material;

elevating work platform means a telescoping device, scissor device or articulating device or any combination of those devices used to position personnel, equipment and materials to and from workplaces located above or below the support surface;

escalator includes a moving ramp for use by passengers but does not include a conveyor used only for moving goods;

explosive powered tool means a powder actuated hand‑held tool which can drive a fastener against, into or through a substance by means of an explosive charge and includes every attachment and accessory for such tool and every device to be used with such tool but does not include a firearm, an LPG or propane gas­ powered tool or a side‑wall coring gun used in exploratory borehole work;

fired heater means a pressure vessel in which a liquid is heated below its atmospheric boiling temperature or a process in which fluid is heated in tubes above or below its atmospheric boiling temperature by the application of fire, the products of combustion or electric power or by similar high temperature means;

gantry crane means a crane comprising a bridge beam supported at each end by legs mounted on end carriages which is capable of travelling on supporting surfaces or deck levels (whether fixed or not) and which has a crab with one or more hoisting units arranged to travel across the bridge;

gas cylinder means a rigid pressure vessel designed for the storage and transport of gas under pressure and to which AS 2030 applies that does not have more than 3 000 litres water capacity and is without openings or integral attachments on the shell other than at the ends;

hoist means an appliance intended for raising or lowering a load or persons and — 

(a)includes an elevating work platform, a mast‑climbing work platform, a people and materials hoist, a scaffold hoist and a serial hoist;

(b)does not include a lift or building maintenance equipment;

industrial lift truck means powered mobile plant designed to move goods, materials or equipment and which is equipped with an elevating load carriage and which usually has a load‑holding attachment but does not include a mobile crane or earthmoving machinery;

industrial robot means a multi‑functional manipulator that is capable of handling materials, parts, tools or specialized devices through variable programmed motions for the performance of a variety of tasks and includes its controls;

interlocked in relation to a plant’s guarding device or machine element means the connection between the guarding device or machine element and the plant’s control system or power system by which connection — 

(a)access is allowed to the plant’s moving parts when those parts are not operating; and

(b)moving parts are prevented from starting up or operating when access is available to those parts;

laser means any device that can produce or amplify electromagnetic radiation in the wave length range from 100 nanometres to one millimetre by the process of controlled stimulated emission but does not include any electric light globe, fluorescent light tube, electric radiator used for heating, radio or video communication equipment, domestic cooking appliance using high powered lamps or navigation and search light;

laser product means any product or assembly of components which constitutes, incorporates or is intended to incorporate a laser;

lift means any permanent plant (or plant that is intended to be permanent) which is in, or attached to, a building or structure and by means of which persons, goods or materials may be raised or lowered within or on a car cage or a platform and the movement of which is restricted by a guide or guides and includes an apparatus in the nature of a chair lift, escalator, moving walk or stairway lift and any supporting structure, machinery, equipment, gear, lift well, enclosures and entrances;

mast climbing work platform means a hoist having a working platform for the support or raising of personnel, equipment and materials to the working position by means of a drive system which moves along an extendable mast (which may be tied to a building) but does not include a lift or building maintenance equipment;

mobile crane means a crane capable of travelling over a supporting surface without the need for fixed runways or railway tracks and which relies on gravity only for stability and accordingly, has neither a vertical restraining connection between itself and the supporting surface nor a horizontal restraining connection (other than frictional forces at the supporting surface level) to aid stability;

nail gun means a tool which by the use of compressed air, is capable of discharging a nail, spike or other fastener into or through material;

operator protective devices includes roll‑over protective structures, falling object protective structures, operator restraining devices and seat belts;

out‑of‑service tag means an accident prevention tag as referred to in section 5 of AS 1319 in the form of a warning sign, within the meaning of that Standard, bearing the words “OUT‑OF‑SERVICE”;

presence sensing safeguarding system includes — 

(a)a sensing system employing one or more forms of radiation which can be either self‑generated or generated by pressure;

(b)the interface between the final switching devices of the sensing system and the machine primary control elements; and

(c)the capacity of a machine to stop when 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 a boiler, pressure vessel and pressure piping to which AS/NZS 1200 applies and having a hazard level of A, B, C or D according to the criteria set out in AS 4343;

pressure piping 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 — 

(a)includes distribution headers, bolting, gaskets, pipe supports and pressure retaining accessories;

(b)does not include any boiler or pressure vessel or a pipeline to which any other written law applies;

pressure vessel means a vessel subject to internal or external pressure and — 

(a)includes interconnected parts and components, valves, gauges and other fittings up to the first point of connection to connecting piping, fired heaters and gas cylinder;

(b)does not include any boiler or pressure piping;

regulatory authority means any Commonwealth, State or Territory authority, other than the Commissioner, with responsibility for plant safety;

repair, in relation to plant, means to restore plant to an operating condition but does not include replacement, routine maintenance or alteration;

tower crane means a boom or jib crane mounted on a tower structure;

tractor means a motor vehicle, whether wheeled or track mounted, designed principally to be used in agriculture, horticulture or turf management to provide power and movement of any attached trailer, machine or implement;

use, in relation to plant, means to work from the plant or to operate, or maintain the plant;

vehicle hoist means a vehicle‑hoisting device, the purpose of which is to provide accessibility for convenient under‑chassis examination or service;

work box means a personnel carrying device designed to be suspended from a crane for the purpose of providing a working area for persons elevated by and working from the box.

[Regulation 4.1 amended in Gazette 17 Dec 1999 p. 6234; 8 Mar 2002 p. 963.]

Division 2 — Registration of plant design and items of plant

4.2.Design of kinds of plant in Schedule 4.1 to be registered

(1)A person who manufactures, imports or supplies plant of a kind set out in Schedule 4.1 for erection, installation, commissioning or use at a workplace must ensure — 

(a)that the design of the plant has been registered by the Commissioner or a regulatory authority;

(b)that the registration is current;

(c)that the plant is or has been manufactured in accordance with the current registered design; and

(d)while the plant is under the person’s control, that the design registration number issued by the Commissioner under regulation 4.10 or by a regulatory authority is within the vicinity of the plant and is readily accessible.

Penalty: $25 000.

(2)For the purposes of this regulation, a plant design is to be treated as being registered if — 

(a)the Commissioner or a regulatory authority, as the case requires, has registered the design on the basis that there will be a modification; and

(b)the modification is in accordance with the specifications of the Commissioner or the regulatory authority.

[Regulation 4.2 amended in Gazette 8 Mar 2002 p. 964.]

4.3.Application for registration of design of kinds of plant in Schedule 4.1

(1)A person who wishes to apply for the registration of the design of plant of a kind set out in Schedule 4.1 is to apply to the Commissioner in accordance with this regulation.

(2)An application under subregulation (1) is to be in an approved form and is to be accompanied by the following — 

(a)a statement signed by the person who designed the plant to the effect that the person has complied with the duties that a person who designs plant has under these regulations;

(b)the name, business address and qualifications of each of the design verifiers and where applicable, the employer of each design verifier;

(c)a statement signed by a design verifier to the effect that the plant’s design complies with each Standard set out in Schedule 4.3 that is relevant to that kind of plant and in the case of plant that is pressure equipment that, in addition, verification of the relevant Standards has been done in accordance with AS 3920.1;

(d)representational drawings of the plant design; and

(e)the fee set out in item 1 of Schedule 6.2.

(3)The statements and information referred to in subregulation (2) are to be in the English language.

4.4.Design verifier to be independent of designer

For the purposes of an application under regulation 4.3 — 

(a)a design verifier must not have had any involvement in the design of the relevant plant; and

(b)the person who designs an item of plant and the design verifier of the item of plant must not be employed by the same person unless the employer undertakes the design of items of plant using a quality system that has been certified by a body accredited or approved by the Joint Accreditation System of Australia and New Zealand.

4.5.Fee for design verifier who is an officer of the department

Where a person intends to apply for the registration of the design of plant of a kind set out in Schedule 4.1, the person may request the Commissioner to provide the design verification statement under regulation 4.3(2)(c) and, where the statement is provided by an officer of the department, the person must pay to the Commissioner a fee calculated at the rate set out in Schedule 6.1 for the time taken to prepare the statement.

4.6.Provision of further information

(1)The Commissioner may require a person who makes an application under regulation 4.3 to provide any of the following —

(a)detailed drawings of the plant design;

(b)design calculations;

(c)details of operating instructions;

(d)diagrams of control systems, including the sequence of operating the controls;

(e)details of maintenance requirements;

(f)a statement of the limitations of the plant’s use;

(g)any other information that the Commissioner thinks is necessary to make a decision on the application.

(2)The statements and information referred to in subregulation (1) are to be in the English language.

4.7.Commissioner may register design of kinds of plant in Schedule 4.1

(1)On an application under regulation 4.3 and on payment of the fee referred to in regulation 4.8, the Commissioner may — 

(a)register the plant design without conditions or modifications;

(b)register the plant design on any condition that the Commissioner thinks is appropriate;

(c)register the plant design on the basis that — 

(i)the design, and any drawings, calculations or instructions that accompanied it, will be modified to the extent specified by the Commissioner; or

(ii)an item of plant manufactured in accordance with the design will be tested in a manner specified by the Commissioner,

with or without requiring any further application or the provision of any more information; or

(d)refuse to register the plant design.

(2)If the Commissioner refuses to register the plant design, the Commissioner is to provide written reasons for the refusal to the applicant with the notice of the decision.

[Regulation 4.7 amended in Gazette 8 Mar 2002 p. 964.]

4.8.Assessment fee

A person who makes an application under regulation 4.3 must, on completion of the assessment of the application and in addition to the fee referred to in regulation 4.3(2)(e), pay to the Commissioner a fee for any assessment of the application required by the Commissioner to be undertaken calculated at the rate set out in Schedule 6.1 for the time taken to conduct the assessment.

4.9.Procedure where testing required by Commissioner

If, for the purposes of regulation 4.7(1)(c)(ii), the Commissioner specifies a test that is to be done then the Commissioner may specify that the test be witnessed by an officer of the department or another competent person and if the test is to be witnessed by an officer of the department then the applicant is to — 

(a)allow at least 5 working days for the Commissioner to arrange for an officer to witness the test; and

(b)pay to the Commissioner a fee for the witnessing of the test calculated at the rate set out in Schedule 6.1 for the time taken to witness the test.

4.10.Design registration number

(1)If the Commissioner registers a plant design, the Commissioner is to issue a design registration number for the plant design and provide the applicant with evidence of the registration in an approved form.

(2)A person who sells or otherwise disposes of plant must give the person who acquires the plant the design registration number of the plant.

Penalty: $25 000.

[Regulation 4.10 amended in Gazette 8 Mar 2002 p. 964.]

4.11.Alteration to design of types of plant in Schedule 4.1 to be registered

If the design of plant of a kind set out in Schedule 4.1 that is used at a workplace is altered then a person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that plant manufactured to the altered design is not used at the workplace unless the alteration to the design of the plant has been registered by the Commissioner or a regulatory authority and the registration is current.

Penalty: $25 000.

[Regulation 4.11 amended in Gazette 8 Mar 2002 p. 964.]

4.12.Application for registration of alteration to plant design etc.

A person who wishes to apply for the registration of an alteration to the design of plant of a kind set out in Schedule 4.1 is to apply to the Commissioner under regulation 4.3, and that regulation and regulations 4.6, 4.7, 4.8 and 4.10 apply as if the application were for a new design.

4.13.Confidentiality of design information

(1)The Commissioner is to ensure that any information provided with an application under regulation 4.3 is treated as confidential information.

(2)Despite subregulation (1), the Commissioner may — 

(a)if requested by a regulatory authority or by a coroner of this or any other State or Territory, allow that regulatory authority or coroner to have access to the design information;

(b)if a person has the applicant’s authority, allow that person to have access to such of the information as is authorised;

(c)provide any design verification statement referred to in regulation 4.3(2) to employees or their safety and health representatives at a workplace where the relevant plant is installed or used.

(3)If — 

(a)the person who initially supplied the information accompanying an application under regulation 4.3 no longer exists or cannot be located; and

(b)the plant that was the subject of the application has been installed or is used at a workplace,

then the Commissioner may release the information to a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person in control of the workplace but only to the extent that the Commissioner thinks balances the requirements for the safe operation of that plant and for the information to be treated as confidential information.

4.14.Individual items of plant in Schedule 4.2 to be registered

(1)A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that an individual item of plant of a kind set out in Schedule 4.2 is not used at the workplace unless  —

(a)the individual item has been registered by the Commissioner or a regulatory authority and the registration is current; and

(b)the person has a copy of the statement referred to in regulation 4.15(2)(c).

(2)If an individual item of plant has been registered by the Commissioner or a regulatory authority and — 

(a)the plant is altered;

(b)in the case of plant which is fixed plant, the plant is relocated; or

(c)there is a change in the ownership of the plant,

then a person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that the plant is not used at the workplace unless the plant is re‑registered.

(3)A person does not commit an offence against subregulation (1) if the person’s failure to comply with the subregulation occurred within 21 days of the day on which the competent person signed the statement referred to in subregulation (1)(b).

Penalty applicable to subregulations (1) and (2): $25 000.

[Regulation 4.14 amended in Gazette 8 Mar 2002 p. 965‑6.]

4.15.Application for registration etc. of Schedule 4.2 items of plant

(1)A person who wishes to apply for the registration or the re‑registration of an individual item of plant of a kind set out in Schedule 4.2 is to apply to the Commissioner in accordance with this regulation.

(2)An application under subregulation (1) is to be in an approved form and is to be accompanied by the following — 

(a)sufficient information to identify the individual item of plant and any relevant matter referred to in regulation 4.14(2);

(b)if the design of the kind of plant is required under this Division to be registered — 

(i)whether the Commissioner or a regulatory authority registered the design (or any alteration of the design) and the name of any relevant regulatory authority; and

(ii)the plant’s design registration number;

(c)a copy of a signed statement by a competent person to the effect that — 

(i)the individual item of plant has been inspected by that competent person, and that the plant is safe to operate; and

(ii)the information referred to in regulation 4.30(1)(c) for the individual item of plant is at the workplace;

and

(d)the fee set out in item 2 of Schedule 6.2.

(3)The statements and information referred to in subregulation (2) are to be in the English language.

[Regulation 4.15 amended in Gazette 8 Mar 2002 p. 966.]

4.16.Provision of further information

The Commissioner may require a person who makes an application under regulation 4.15 to provide any other information that the Commissioner thinks is necessary to make a decision on the application.

4.17.Commissioner’s functions as to applications to register etc. Schedule 4.2 items of plant

(1)On an application under regulation 4.15 and on payment of the fee referred to in regulation 4.18, the Commissioner may — 

(a)register or re‑register the individual item of plant without conditions;

(b)register or re‑register the individual item of plant on any condition that the Commissioner thinks is appropriate; or

(c)refuse to register the individual item of plant.

(2)If the Commissioner refuses to register or re‑register an individual item of plant, the Commissioner is to provide written reasons for the refusal to the applicant with the notice of the decision.

4.18.Assessment fee

A person who makes an application under regulation 4.15 must, on completion of the assessment of the application and in addition to the fee referred to in regulation 4.15(2)(d), pay to the Commissioner a fee for any assessment of the application required by the Commissioner to be undertaken calculated at the rate set out in Schedule 6.1 for the time taken to conduct the assessment.

4.19.Registration number of Schedule 4.2 item of plant

If the Commissioner — 

(a)registers an individual item of plant, the Commissioner is to issue a registration number for that item of plant; or

(b)re‑registers an individual item of plant, the Commissioner is to use the existing registration number for that item of plant,

and provide the applicant with evidence of the registration in an approved form.

4.19A.Registration number of classified plant or designated plant

If —

(a)an item of classified plant is treated under regulation 7.7(2)(b) as having a registration number issued under regulation 4.19; or

(b)an item of designated plant is treated under regulation 7.8(2) as having a registration number issued under regulation 4.19,

the Commissioner, on the application of a person who is required to stamp or mark the item of plant with the current registration number of the item, is to provide the applicant with evidence of the registration number in the approved form.

[Regulation 4.19A inserted in Gazette 8 Mar 2002 p. 966.]

4.20.Registration numbers and evidence to be displayed

(1)A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that an individual item of plant that has been registered as required by this Division is not used at the workplace unless —

(a)the registration number of the item of plant is legibly stamped on the plant or, if stamping is impractical, is legibly marked on the plant; and

(b)a copy of the evidence of the registration is displayed on or near the item of plant.

Penalty: $25 000.

(1a)A person does not commit an offence under subregulation (1) in relation to an individual item of plant if the person fails to comply with the subregulation within 21 days of the day on which an application is made for the registration or re‑registration of the item of plant.

(2)A person who, by way of hiring or leasing, supplies for installation or use at a workplace an individual item of plant which has been registered as required by this Division must ensure that before the plant is hired or leased the current registration number of the item of plant is legibly stamped on the plant or, if stamping is impractical, is legibly marked on the plant.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

[Regulation 4.20 amended in Gazette 8 Mar 2002 p. 967.]

4.21.Commissioner may deregister items of plant

(1)If the Commissioner has registered an individual item of plant under this Division but is of the opinion that the item of plant should no longer be registered having regard to the requirements of this Part in relation to the item of plant then the Commissioner may deregister the item of plant.

(2)If the Commissioner deregisters an item of plant under subregulation (1) then the Commissioner is to inform the following persons that the item of plant has been deregistered —

(a)the person who applied to have the item of plant registered (if available); and

(b)each person who is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace at the workplace where the item of plant was being used at the time of the deregistration,

and the Commissioner is to give each person so informed written reasons for the deregistration.

[Regulation 4.21 amended in Gazette 8 Mar 2002 p. 967.]

4.21A.Notification of permanent withdrawal of plant from service

A person who has applied for and obtained the registration or re‑registration of an individual item of plant must when the item of plant is permanently withdrawn from service advise the Commissioner of the withdrawal.

Penalty: $5 000.

[Regulation 4.21A inserted in Gazette 8 Mar 2002 p. 968.]

Division 3 — General duties applying to plant

Subdivision 1 — Kinds of plant to which this Division applies

4.22.Meaning of “plant” for the purposes of Division 3

In this Division, a reference to plant is to be treated as a reference to plant — 

(a)which is pressure equipment; or

(b)which, in order to work, requires the supply of energy of a kind other than, or in addition to, the energy supplied by the exertion of the body of a human or an animal.

Subdivision 2 — Identification of hazards and assessing and addressing risks in relation to plant

4.23.Duties of persons who design plant

(1)A person who designs plant must, during the design process — 

(a)as far as practicable, identify any hazard in the design of the plant to which persons who install, erect, dismantle or use the plant at a workplace may be exposed;

(b)assess, in accordance with subregulation (2), the risk of injury or harm to a person resulting from each identified hazard; and

(c)consider whether the risk may be reduced by the means referred to in subregulation (3).

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

(2)An assessment under subregulation (1)(b) must include assessment of each of the following — 

(a)the impact of the plant on the work environment in which the plant is designed to be used;

(b)the range of environmental and operational conditions in which the plant is intended to be manufactured, transported, installed and used;

(c)the relationship between the functioning of the plant and the physical capacities and requirements of persons who may use the plant; and

(d)the need for safe access and egress for persons who install, erect, inspect, use and dismantle the plant.

(3)The means referred to in subregulation (1)(c) are — 

(a)the means referred to in regulation 4.29;

(b)ensuring the plant is designed according to each Standard set out in Schedule 4.3 that is relevant to that kind of plant;

(c)in the case of powered mobile plant — 

(i)ensuring that the plant is designed to reduce, as far as is practicable, the risk of the plant overturning, or of an object coming into contact with the operator;

(ii)where, despite reduction measures, there is a risk that — 

(I)the plant may overturn;

(II)an object may come into contact with the operator of the plant; or

(III)the operator of the plant may be ejected from the seat,

ensuring that the risk is limited by the provision of an appropriate combination of operator protective devices; and

(iii)where, despite reduction measures, there is a risk that an object may come into contact with the operator of the plant from the front, side or rear of the plant, ensuring that the risk is limited by the provision of an appropriate structure that protects the operator.

[Regulation 4.23 amended in Gazette 8 Mar 2002 p. 968.]

4.24.Duties of persons who manufacture plant

(1)If the person who designed plant is not within the jurisdiction of the State, the person who manufactures the plant must carry out the duties under regulation 4.23 of the person who designed the plant.

(2)A person who manufactures plant must as far as practicable, during the manufacturing process, identify any hazard arising from the manufacture of the plant to which persons who install, erect, dismantle or use the plant at a workplace may be exposed.

(3)If, under subregulation (1) or (2), a person who manufactures plant identifies a hazard, the person must assess, in accordance with subregulation (4), the risk of injury or harm to a person resulting from each identified hazard.

(4)An assessment under subregulation (3) must, as far as practicable, adequately address each identified hazard by way of — 

(a)a visual inspection of the plant and its associated environment;

(b)auditing;

(c)testing;

(d)a technical or scientific evaluation;

(e)an analysis of injury and near‑miss data;

(f)discussions with designers, suppliers, importers, employers, employees or any other relevant person; and

(g)a quantitative hazard analysis,

as the case requires.

(5)If, under subregulation (1) or (2) a person identifies a hazard and then assesses the risk of injury or harm to a person resulting from each identified hazard then the person must — 

(a)consider whether the risk may be reduced by the means referred to in regulation 4.29; or

(b)arrange with the person who designed the plant to alter the design to reduce the risk as far as is practicable.

Penalty applicable to subregulations (1), (2), (3) and (5) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1), (2), (3) and (5) in any other case: $25 000.

[Regulation 4.24 amended in Gazette 8 Mar 2002 p. 969.]

4.25.Duties of persons who import plant

(1)If neither the person who designed plant nor the person who manufactured the plant is within the jurisdiction of the State, the person who imports the plant must carry out — 

(a)the duties under regulation 4.23 of the person who designed the plant; and

(b)the duties under regulation 4.24 of the person who manufactured the plant.

(2)A person who imports plant that is to be used for spare parts for plant at a workplace or for scrap must, before the plant is delivered or taken to a workplace, advise the purchaser of the plant in writing or by a mark on the plant that the plant cannot be put into service and that it can be used only for spare parts or scrap, as the case may be.

Penalty applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

[Regulation 4.25 amended in Gazette 8 Mar 2002 p. 969.]

4.26.Duties of persons who supply plant

(1)A person who supplies plant for installation or use at a workplace must, before the plant leaves his or her control, ensure that — 

(a)the duties under regulation 4.23 of the person who designed the plant;

(b)the duties under regulation 4.24 of the person who manufactured the plant; and

(c)the duties under regulation 4.25 of the person who imported the plant,

have been carried out.

(2)To the extent that it is not practicable for a person who supplies plant to comply with subregulation (1), the person must, before the plant leaves his or her control — 

(a)as far as practicable, identify any hazard in the design and manufacture of the plant to which persons who install, erect or use the plant at a workplace may be exposed;

(b)assess the risk of injury or harm to a person resulting from each hazard, if any, identified under paragraph (a); and

(c)consider whether the risk may be reduced by the means referred to in regulation 4.29.

(3)A person who supplies plant does not commit an offence under subregulation (1) or (2) if, proof of which is on the person, the plant is intended for use as scrap material.

(4)A person who supplies plant that is to be used for spare parts for plant at a workplace or for scrap must, before the plant is delivered or taken to a workplace, advise the purchaser of the plant in writing or by a mark on the plant that the plant cannot be put into service and that it can be used only for spare parts or scrap, as the case may be.

Penalty applicable to subregulations (1), (2) and (4) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1), (2) and (4) in any other case: $25 000.

[Regulation 4.26 amended in Gazette 8 Mar 2002 p. 969‑70.]

4.27.Duties of erectors and installers of plant

(1)Without limiting regulation 3.1, a person who erects or installs plant at a workplace must, before and during the erection or installation process, so far as practicable, identify each hazard arising from the erection or installation of the plant to which persons who use the plant at the workplace are likely to be exposed.

(2)If, under subregulation (1) a person who erects or installs plant identifies a hazard then the person must assess, in accordance with subregulations (3) and (4), the risk of injury or harm to a person resulting from each identified hazard.

(3)An assessment under subregulation (2) must include assessment of each of the following — 

(a)the impact of the erection or installation process on the work environment during the erection or installation of the plant; and

(b)the need for safe access and egress for persons who install, erect, inspect or subsequently use the plant.

(4)An assessment under subregulation (2) must, as far as practicable, adequately address each identified hazard by way of — 

(a)a visual inspection of the plant and its associated environment;

(b)auditing;

(c)testing;

(d)a technical or scientific evaluation;

(e)an analysis of injury and near‑miss data;

(f)discussions with designers, manufacturers, suppliers, importers, employers, employees or any other relevant person; and

(g)a quantitative hazard analysis,

as the case requires.

(5)For the purposes of subregulation (2), an assessment may be done either on individual items of plant or, where multiple items of plant of the same design are erected or installed and are intended for use under conditions that are the same for all practical purposes, the assessment may be done in relation to a representative sample, but if the risk associated with the plant could vary from operator to operator, a separate assessment of the risk to each operator of the particular plant is to be done in relation to each item of plant.

(6)If, under subregulation (1), a person identifies a hazard and then assesses the risk of injury or harm to a person resulting from each identified hazard then the person must consider whether the risk may be reduced — 

(a)by the means referred to in regulation 4.29; or

(b)in the case of plant to which AS 3000 applies, by complying with the relevant requirements of that Standard in relation to electrical installations.

(7)A person who erects or installs plant at a workplace must ensure that the plant —

(a)is erected or installed having regard to the instructions of the designer or manufacturer of the plant or, if those instructions are not available, any instructions developed in relation to the plant by a competent person; and

(b)if the plant is designed to be operated in a fixed position, the plant is positioned on and if necessary fixed to a secure base to prevent inadvertent movement when the plant is energized or operating.

Penalty applicable to subregulations (1), (2), (6) and (7) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1), (2), (6) and (7) in any other case: $25 000.

[Regulation 4.27 amended in Gazette 8 Mar 2002 p. 970‑1.]

4.28.Duties of certain persons in relation to plant

(1)Without limiting regulation 3.1, a person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must, so far as practicable, identify each hazard arising from the design, manufacture, erection, installation or use of plant to which persons who install, erect, use or dismantle the plant at the workplace are likely to be exposed.

(2)Without limiting subregulation (1), a person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must, before and during the introduction of the plant to the workplace, identify each hazard referred to in that subregulation to which a person at the workplace is likely to be exposed in the event of — 

(a)any alteration to the plant;

(b)any change in the way, or the location in which, the plant is used;

(c)any change in a system of work associated with the plant; or

(d)the first‑mentioned person becoming aware of the existence of the hazard through new or further safety or health information relating to the plant or its associated systems of work.

(3)If, under subregulation (1) or (2), a person identifies a hazard then the person must assess, in accordance with subregulation (4), the risk of injury or harm to a person resulting from each identified hazard.

(4)An assessment under subregulation (3) must, as far as practicable, adequately address each identified hazard by way of — 

(a)a visual inspection of the plant and its associated environment;

(b)auditing;

(c)testing;

(d)a technical or scientific evaluation;

(e)an analysis of injury and near‑miss data;

(f)discussions with designers, manufacturers, importers, suppliers, installers or erectors of plant, employees or any other relevant person; and

(g)a quantitative hazard analysis,

as the case requires.

(5)For the purposes of subregulation (3), an assessment may be done either on individual items of plant or, where multiple items of plant of the same design are installed or erected and are intended for use under conditions that are the same for all practical purposes, the assessment may be done in relation to a representative sample, but if the risk associated with the plant could vary from operator to operator, a separate assessment of the risk to each operator of the particular plant is to be done in relation to each item of plant.

(6)If, under subregulation (1) or (2), a person identifies a hazard and then assesses the risk of injury or harm to a person then the person must consider whether the risk may be reduced by the means referred to in regulation 4.29.

Penalty applicable to subregulations (1), (2), (3) and (6): $25 000.

[Regulation 4.28 amended in Gazette 8 Mar 2002 p. 971‑2.]

4.29.Possible means of reducing risks in relation to plant

The means referred to in regulations 4.23(3)(a), 4.24(5)(a), 4.26(2)(c), 4.27(6)(a), 4.28(6) and 4.37(1)(f) are — 

(a)one or a combination of the following means — 

(i)substitution of the plant by less hazardous plant;

(ii)modification of the design of the plant;

(iii)isolation of the plant;

(iv)using engineering methods to change physical characteristics of the plant;

(v)implementing, maintaining and supervising control measures and systems of work so as to reduce the risk as far as is practicable;

(b)to the extent that it is not practicable to reduce the risk by the means referred to in paragraph (a), the means of administrative controls and personal protective clothing and equipment;

(c)ensuring that the plant is manufactured, inspected and, where required, tested — 

(i)according to each Standard set out in Schedule 4.3 that is relevant to that kind of plant; and

(ii)having regard to the designer’s specifications;

(d)ensuring that if, after supply to a workplace, any plant is found to have a fault that may affect safety or health, then as far as is practicable, the person to whom the plant was supplied is advised of the fault and what is required to rectify it;

(e)ensuring that there is an optimum relationship between the functioning of the plant and the physical capacities and requirements of persons who may use the plant;

(f)ensuring that there is sufficient access to and egress from — 

(i)the parts of the plant that require cleaning, maintenance, adjustment or repair; and

(ii)the operator’s work station for normal and emergency situations,

so as to reduce the risk as far as is practicable;

(g)the provision of emergency lighting, safety doors and alarm systems where access to the plant is required as part of its normal operation and persons could become entrapped and at risk because of heat, cold or lack of air suitable for breathing;

(h)the reduction, as far as is practicable, of exposure to dangerous parts during operation, lubrication, adjustment or maintenance of the plant;

(i)ensuring, in the case where guarding should be provided for the plant, that the guarding comprises — 

(i)a permanently fixed physical barrier for cases in which, during normal operation, maintenance or cleaning of the plant, no person would need either complete or partial access to the dangerous area;

(ii)an interlocked physical barrier for cases in which during normal operation, maintenance or cleaning of the plant, a person may require complete or partial access to the dangerous area; or

(iii)a physical barrier securely fixed in position by means of fasteners or other suitable devices sufficient to ensure that the guard cannot be altered or removed without the aid of a tool or key for cases where neither a permanently fixed physical barrier nor an interlocked physical barrier is practicable,

but, if none of the guards described in subparagraphs (i), (ii) or (iii) is practicable, the provision of a presence sensing safeguard system;

(j)ensuring, in the cases where guarding of any moving part of the plant does not eliminate the risk of entanglement or where it is not practicable to guard a moving part of the plant, that persons do not operate, or pass in close proximity to, the moving part unless a safe system of work is in place to reduce the risk as far as is practicable;

(k)ensuring that the plant’s operating controls are — 

(i)suitably identified so as to indicate their nature and function;

(ii)located so as to be readily and conveniently operated by each person using the plant;

(iii)located, guarded or of a double action type to prevent unintentional activation; and

(iv)able to be locked into the “off” position to enable the disconnection of all motive power and forces;

(l)ensuring that plant — 

(i)designed to be operated or attended by more than one person; and

(ii)having more than one control fitted,

has multiple controls of the “stop and lock‑off” type so that the plant cannot be restarted after a stop control has been used unless each stop control has been reset; and

(m)ensuring that each of the plant’s emergency stop devices — 

(i)is prominent, clearly and durably marked and immediately accessible to each operator of the plant;

(ii)has handles, bars or push buttons that are coloured red; and

(iii)will not be affected by electrical or electronic circuit malfunction,

as may be appropriate to the particular case.

[Regulation 4.29 amended in Gazette 8 Mar 2002 p. 972.]

Subdivision 3 — Information and general matters in relation to plant

4.30.Persons who design plant to provide information

(1)A person who designs plant for use at a workplace must ensure that the person who manufactures the plant is provided with sufficient information to enable the plant to be manufactured in accordance with the design specifications and, as far as practicable, provide information relating to — 

(a)the purpose for which the plant is designed;

(b)testing or inspections to be conducted in relation to the plant;

(c)installation, commissioning, operation, maintenance, cleaning, transport, storage and (where plant is capable of being dismantled) dismantling of the plant;

(d)systems of work necessary for the safe use of the plant;

(e)knowledge, training or skill necessary for persons undertaking inspection and testing of the plant;

(f)the current design registration number (if any) issued by the Commissioner under regulation 4.10 or by a regulatory authority for that kind of plant; and

(g)emergency procedures relating to the plant,

to accompany the plant when it is manufactured, supplied, installed or erected, inspected and used at a workplace.

(2)A person who designs plant for use at a workplace must ensure that the information referred to in subregulation (1) is in, or has been translated into, the English language before providing the information.

Penalty applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

4.30A.Persons who manufacture plant to obtain information

A person who manufactures plant for use at a workplace must obtain from the designer of the plant —

(a)sufficient information to enable the plant to be manufactured in accordance with the design specifications for the plant; and

(b)the other information referred to in regulation 4.30(1).

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

[Regulation 4.30A inserted in Gazette 8 Mar 2002 p. 972‑3.]

4.31.Persons who manufacture plant to provide information

(1)A person who manufactures plant for use at a workplace must ensure that when the plant is delivered to a person who will supply the plant, that the person who will supply the plant is provided with — 

(a)the information about the plant that has been provided under regulation 4.30(1) or obtained under regulation 4.30A; and

(b)the design registration number issued by the Commissioner under regulation 4.10 or by a regulatory authority for that kind of plant.

(2)A person who manufactures plant for use at a workplace must ensure that the information referred to in subregulation (1) is in, or has been translated into, the English language before providing the information.

Penalty applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

[Regulation 4.31 amended in Gazette 8 Mar 2002 p. 973.]

4.31A.Persons who import new plant to obtain information

A person who imports new plant for use at a workplace must obtain the information referred to in regulation 4.30(1) —

(a)from the manufacturer of the plant; or

(b)if it is impracticable to obtain it from the manufacturer of the plant, from a competent person.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

[Regulation 4.31A inserted in Gazette 8 Mar 2002 p. 973.]

4.32.Persons who import plant to provide information

(1)A person who imports new plant for use at a workplace must ensure that when the plant is delivered to a person who will supply or use the plant, that the person who will supply or use the plant is provided with the information about the plant that has been provided under regulation 4.30 or 4.31 or obtained under regulation 4.30A or 4.31A and the design registration number of that kind of plant.

(2)A person who imports used plant for use at a workplace where the plant is not intended for use as scrap material or for spare parts for other plant must provide the person to whom delivery is intended with — 

(a)all available and relevant safety and health information provided by the persons who designed or manufactured the plant; and

(b)any additional available information required to enable the plant to be used safely.

(3)A person who imports plant for use at a workplace must ensure that the information referred to in subregulation (1) or (2), as the case requires, is in, or has been translated into, the English language before providing the information.

(4)A person who imports plant for use at a workplace where the plant is intended for use as scrap material or for spare parts for other plant must advise the person to whom delivery is intended, either in writing or by marking the plant before its delivery — 

(a)of the intended purpose for the plant; and

(b)that the plant in its current form is not to be placed in service but is to be used only as scrap material or as spare parts.

Penalty applicable to subregulations (1), (2), (3) and (4) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1), (2), (3) and (4) in any other case: $25 000.

[Regulation 4.32 amended in Gazette 8 Mar 2002 p. 974.]

4.33.Persons who supply plant other than by way of hire or lease to provide information

(1)This regulation does not apply to plant supplied by way of hire or lease.

(2)A person who supplies new plant for use at a workplace must ensure when the plant is supplied to a person, that the person is provided with — 

(a)the information about the plant that has been provided under regulation 4.30, 4.31 or 4.32 and the design registration number of that kind of plant; and

(b)any available information, data or certificate specified for that plant by each Standard set out in Schedule 4.3 that is relevant to that kind of plant.

(3)A person who supplies used plant for use at a workplace must ensure when the plant is supplied to a person that the person is provided with — 

(a)all available, relevant safety and health information provided by the persons who designed or manufactured the plant, and any additional available information required to enable the plant to be used safely; and

(b)where available, any record kept by a previous owner of the plant in accordance with these regulations.

(4)A person who supplies plant for use at a workplace must ensure that the information referred to in subregulation (2) or (3), as the case requires, is in, or has been translated into, the English language before providing the information.

[(5)repealed]

(6)A person who supplies plant for use at a workplace through an intermediary must ensure before the plant is supplied to a person that that person is advised in writing of each fault (if any) in the plant and, where applicable, that the plant is not to be used until a specified fault is rectified.

Penalty applicable to subregulations (2), (3), (4) and (6) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (2), (3), (4) and (6) in any other case: $25 000.

[Regulation 4.33 amended in Gazette 8 Mar 2002 p. 974; 7 Jun 2002 p. 2737.]

4.34.Certain records to be kept in relation to plant

(1)If plant of a kind specified in subregulation (2) is used at a workplace then a person who, at the workplace, is an employer, a main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that a record is made and kept of any maintenance, inspection, commissioning, alteration of the plant or test results while it is at the workplace or otherwise under the control of that person.

(2)The following plant is specified for the purposes of subregulation (1) — 

(a)an individual item of plant of a kind set out in Schedule 4.2;

(b)any of the following items of plant — 

(i)an industrial lift truck;

(ii)a mobile crane;

(iii)a hoist with a platform movement in excess of 2.4 metres and designed to lift people;

(iv)a boom‑type elevating work platform;

(v)a presence‑sensing safeguarding system;

(vi)a vehicle hoist;

(vii)a gantry crane with a safe working load greater than 5 tonnes, or which is designed to handle molten metal or dangerous goods;

(viii)a bridge crane with a safe working load greater than 10 tonnes, or which is designed to handle molten metal or dangerous goods;

(ix)a mast climbing work platform;

(x)a concrete placing unit.

(3)A person who, at a workplace, is an employer, a main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that — 

(a)any record kept by the person under subregulation (1); and

(b)any information that has been provided under regulation 4.33 about plant at the workplace,

is accessible at all reasonable times to any person working at the workplace and to any safety and health representative at the workplace.

(4)A person who, at a workplace, is an employer, a main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure, in relation to plant used at the workplace or otherwise under the control of that person, that any record relating to safety and health in respect of the plant is transferred on sale of the plant, unless the plant is sold as scrap material or as spare parts for other plant.

Penalty applicable to subregulations (1), (3) and (4): $25 000.

[Regulation 4.34 amended in Gazette 8 Mar 2002 p. 974‑5.]

4.35.Duties of suppliers of plant by way of hire or lease

(1)A person who supplies plant for use at a workplace by way of hiring or leasing the plant must — 

(a)ensure that the plant is inspected between periods of hire or lease so as to reduce, as far as is practicable, any risk of injury or harm occurring to persons installing or erecting, commissioning or using the plant at a workplace;

(b)ensure that an assessment is done to determine whether the plant requires testing, in order to check so far as practicable whether new or increased risks of injury or harm occurring to persons installing or erecting, commissioning or using the plant at the workplace have developed and to determine the frequency of any required testing; and

(c)ensure that any testing determined by the assessment to be necessary is done and recorded and that the records are maintained for the operating life of the plant.

(2)A person who supplies plant for use at a workplace by way of hiring or leasing the plant must ensure — 

(a)when the plant is supplied to a person that the person is provided with all available, relevant safety and health information provided by the persons who designed or manufactured the plant, and any additional available information required to enable the plant to be used safely; and

(b)that the information referred to in paragraph (a) is in, or has been translated into, the English language before providing the information.

Penalty applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

[Regulation 4.35 amended in Gazette 8 Mar 2002 p. 975.]

4.36.Duties of certain persons as to installation, commissioning etc. of plant

A person, who at a workplace, is an employer, a main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure — 

(a)that a competent person undertakes the installation or erection and commissioning of plant at the workplace and is provided with the information necessary to enable the plant to be installed or erected and commissioned so as to reduce, as far as is practicable, the risk of injury or harm occurring as a result of the installation or erection and commissioning of the plant;

(b)that plant is installed or erected in a location of the workplace that is suitable for the operation being undertaken, and for the type of plant;

(c)that there is sufficient space around plant at the workplace to allow the plant to be used and repaired so as to reduce, as far as is practicable, the risk of injury or harm occurring as the result of the use or repair of that plant;

(d)during testing and start‑up of plant at the workplace, if the final means of safeguarding is not in place, that interim safeguards are used; and

(e)that plant is not put into active service at the workplace unless the adjustments, inspections and testing undertaken during the commissioning process indicate that the plant is in full working order and is appropriate for the intended service.

Penalty: $25 000.

[Regulation 4.36 amended in Gazette 8 Mar 2002 p. 976.]

4.37.Duties of certain persons as to use of plant

(1)A person, who at a workplace, is an employer, a main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure —

(a)that plant at the workplace is subject to appropriate checks, tests and inspections necessary to reduce the risk of injury or harm occurring to a person at the workplace;

(b)that inspection, repair, maintenance, alteration and cleaning of the plant at the workplace is carried out having regard to procedures recommended by the designer or manufacturer or, if those recommendations are not available, procedures developed by a competent person;

(c)where the function or condition of plant at the workplace is impaired to the extent that it presents an immediate risk to safety or health, that the plant is withdrawn from use until the plant is assessed and repaired under regulation 4.38(1);

(d)that plant at the workplace is used only for the purpose for which it was designed, unless the person has determined, and a competent person has assessed, that a proposed change in use does not increase the risk of injury or harm occurring;

(e)that measures are provided to prevent, as far as practicable, interference with plant or the alteration or use of plant in a manner that could render the plant a hazard to any person at the workplace;

(f)that every dangerous part of a fixed, mobile or hand held powered plant is, as far as practicable, securely fenced or guarded in accordance with regulation 4.29 unless the plant is so positioned or constructed that it is as safe as it would be if securely fenced or guarded;

(g)that a fence or guard provided for the purposes of this regulation is constantly maintained and of substantial construction taking into account its intended purpose;

(h)as far as practicable, that any fence or guard provided for the purpose of this regulation is kept in position while the plant is operated; and

(i)in the cases where guarding of any moving part of the plant does not eliminate the risk of entanglement or where it is not practicable to guard a moving part of the plant, that persons do not operate, or pass in close proximity to, the moving part unless a safe system of work is in place to reduce the risk as far as is practicable.

Penalty: $25 000.

(2)A person does not commit an offence under subregulation (1)(e) if the measures are designed to allow interference with the plant or the alteration or use of the plant for the purposes of dealing with an accident or emergency.

[Regulation 4.37 inserted in Gazette 8 Mar 2002 p. 976‑8; amended in Gazette 7 Jun 2002 p. 2737.]

4.37A.Duties of certain persons for the purposes of regulation 4.37(1)(b) or (c)

(1)In this regulation —

energy source means anything with the capacity for doing work and includes springs under tension or compression, accumulators, capacitors and other energy storing devices.

(2)If access to plant at a workplace is required for the purposes of regulation 4.37(1)(b) or (c), then a person who, at the workplace, is an employer, a main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must —

(a)ensure that all hazards associated with and all energy sources of the plant are identified; and

(b)authorise a person (an authorised person) to carry out the matters referred to in subregulation (3), (4) or (5)(a).

(3)An authorised person must, if it is practicable to do so, stop the plant and ensure that any risk associated with any identified hazard is reduced as far as is practicable.

(4)An authorised person must, if it is practicable to do so, stop the plant and ensure that —

(a)all energy sources are de‑energized, and isolated using an isolation device and locked‑out using a lock‑out device;

(b)an out of service tag is fixed to the plant and danger tags are fixed at the energy sources and the operating controls of the plant;

(c)the measures taken in paragraph (a) are tested to ensure that the plant cannot be energized inadvertently;

(d)anything to be carried out under regulation 4.37(1)(b) or (c) is not carried out before the tests are carried out; and

(e)after anything to be carried out under regulation 4.37(1)(b) or (c) is carried out, the plant is returned to operational status.

(5)If it is not practicable to carry out all of the matters referred to in subregulation (4)(a) to (d) —

(a)the authorised person must ensure that such of those matters as it is practicable to carry out are carried out; and

(b)the person who gave the authorised person authorisation must —

(i)ensure that written procedures are developed by a competent person to deal with the hazards and energy sources that it is not practicable to deal with under subregulation (4)(a) to (d);

(ii)provide those written procedures to the authorised person; and

(iii)ensure that the written procedures are followed by a person carrying out the matters referred to regulation 4.37(1)(b) or (c).

(6)If access to plant at a workplace is required for the purposes of regulation 4.37(1)(b) or (c) and it is not practicable to stop the plant, then a person who, at the workplace, is an employer, a main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure —

(a)that the plant is fitted with operating controls that allow controlled movement of the plant;

(b)that there are written procedures to be followed in relation to anything to be carried out under regulation 4.37(1)(b) or (c) that are designed to prevent injury to persons working on the plant; and

(c)that persons working on the plant carry out the work in accordance with the written procedures.

(7)A person does not commit an offence under subregulation (4)(a) or (5)(a) if the plant is not isolated and locked out in the case of an accident or emergency.

Penalty applicable to subregulations (2), (3), (4), (5) and (6): $25 000.

[Regulation 4.37A inserted in Gazette 8 Mar 2002 p. 978‑80.]

4.38.Duties of certain persons as to damaged plant

(1)A person, who at a workplace, is an employer, a main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure — 

(a)when plant at the workplace has been damaged to the extent that its function or condition is impaired in a manner that increases a risk of injury or harm occurring to a person at the workplace, that a competent person assesses the damage and advises the first‑mentioned person — 

(i)of the nature of the damage; and

(ii)whether the plant can be repaired and, if so, what repairs are to be done to reduce, as far as is practicable, any risk of injury or harm occurring;

(b)that any repair, inspection and, where necessary, testing of plant at the workplace is done by a competent person; and

(c)that repairs to plant at the workplace are done so that the original design limits in relation to the plant are not exceeded.

(2)If, at a workplace, any plant is damaged and the damage exposes a person to a hazard because of the presence of electricity then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that —

(a)the plant is disconnected from the electricity supply and that it is not used until the damaged part is repaired or replaced;

(b)a person authorised by the first‑mentioned person fixes an “out‑of‑service” tag to the plant and all the common isolation points for that plant, and only removes the tags when the electrical hazard is no longer a hazard; and

(c)the action to stop the plant and to return the plant to operational status is taken by a person authorised by the first‑mentioned person.

Penalty applicable to subregulations (1) and (2): $25 000.

[Regulation 4.38 amended in Gazette 8 Mar 2002 p. 980‑1.]

4.39.Duties of certain persons when design of plant is altered

Without limiting regulation 4.11, if the design of existing plant at a workplace is altered then a person who, at the workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that — 

(a)the design alteration is assessed for any risk of injury or harm occurring as if it were an original design;

(b)the alteration to the plant is done by a competent person; and

(c)before the plant is returned to service, it is inspected and tested by a competent person having regard to the design specifications for the design alteration.

Penalty: $25 000.

[Regulation 4.39 amended in Gazette 8 Mar 2002 p. 981.]

4.40.Duties of certain persons as to dismantling, storing or disposing of plant

(1)If plant at a workplace is dismantled then a person who, at the workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that — 

(a)the dismantling is done, or supervised, by a competent person; and

(b)any relevant information that has been provided by the person who designed or manufactured the plant is made available to the competent person.

(2)If plant, including plant that is dismantled, is to be stored at a workplace rather than disposed of then a person who, at the workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that both the preparation for storage, and the storage, of that plant is done by a competent person.

(3)If plant at a workplace is to be disposed of and contains materials presenting a risk to the safety or health of a person then a person who, at the workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that disposal is done by a competent person.

Penalty applicable to subregulations (1), (2) and (3): $25 000.

[Regulation 4.40 amended in Gazette 8 Mar 2002 p. 982.]

4.41.Plant not to be used etc. if a hazard unless in an emergency

A person must not interfere with, alter or use plant in a manner which could render the plant a hazard to any person at a workplace unless the interference, alteration or use of the plant occurs by way of dealing with an accident or emergency.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

4.42.Mandatory markings not to be interfered with

A person must not remove, disfigure, destroy or conceal or attempt to remove, disfigure, destroy or conceal, any stamp or mark showing the safe working load of plant at a workplace or a number or marking displayed in accordance with this Part.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

Division 4 — Safety requirements in relation to certain types of plant

4.43Plant under pressure

(1)A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure —

(a)that any pressure equipment to which AS/NZS 1200 applies (other than a gas cylinder) to be used at the workplace is installed, commissioned, operated, maintained and inspected in accordance with AS 2593, AS 3873, AS/NZS 3788 or AS 3892, as is applicable, or the Australian Miniature Boiler Safety Committee Code, except that the inspection is to be conducted by a competent person rather than an in‑service inspector within the meaning of AS/NZS 3788; and

(b)that each gas cylinder to be used at the workplace has a current inspection mark in accordance with AS 2030.

(2)A person who, at a workplace that is a gas cylinder filling station, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that a gas cylinder to be used at a workplace —

(a)is not filled unless it bears a current inspection mark in accordance with AS 2030;

(b)is filled in accordance with AS 2030; and

(c)is filled with a fluid that is compatible with the particular cylinder.

Penalty applicable to subregulations (1) and (2):  $25 000.

[Regulation 4.43 inserted in Gazette 8 Mar 2002 p. 982‑3.]

4.44.Powered mobile plant

(1)Subject to regulation 4.45, a person who, at a workplace at which there is any powered mobile plant, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure in relation to each item of powered mobile plant that — 

(a)if there is any risk that — 

(i)the plant could overturn;

(ii)an object could come into contact with the operator of the plant; or

(iii)the operator of the plant could be ejected from the seat,

then, as far as practicable, the risk is limited by the provision of an appropriate combination of operator protective devices, and that those devices are maintained and used appropriately; and

(b)if there is a risk that an object may come into contact with the operator of the plant from the front, side or rear of the plant then, as far as practicable, the risk is limited by the provision of an appropriate structure that protects the operator.

(2)Subject to regulation 4.45, a person who supplies powered mobile plant for use at a workplace must ensure that the plant is fitted with

suitable and adequate operator protective devices to reduce, as far as is practicable, the risk of injury or harm to the operator.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

(3)Nothing in subregulation (1) or (2) or regulation 4.45 prevents a person from lowering or removing a roll‑over protective structure for such time as the powered mobile plant is being used under a tree or in a place that would be too low for the plant to work had the roll‑over protective structure been in operating position.

(4)If powered mobile plant at a workplace is fitted with a roll‑over protective structure or a falling object protective structure then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that — 

(a)the protective structure complies with AS 1636 or AS 2294; or

(b)the protective structure has been designed by a suitably qualified engineer to a standard that provides at least the same level of protection as would be provided if the protective structure complied with AS 1636 or AS 2294.

(5)If powered mobile plant at a workplace — 

(a)is fitted with a roll‑over protective structure or a falling object protective structure; and

(b)has seat belt attaching points incorporated into the original design of that plant,

then a person who, at the workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that the plant is fitted with a seat belt at each set of attaching points and that the operator of the plant uses the seat belt.

(6)A person who, at a workplace at which there is any powered mobile plant, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure in relation to each item of powered mobile plant that if there is any risk that the plant could collide with persons or any other plant or thing, then the risk is reduced as far as practicable.

(7)A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that a person other than the operator (the passenger) does not ride on powered mobile plant at the workplace unless — 

(a)the passenger is seated in a seat specifically designed for carrying a passenger;

(b)the passenger’s seat is located within the zone of protection afforded by the framework of an operator protective device if such a device is required under these regulations; and

(c)the passenger’s seat is fitted with an appropriate seat belt and that the passenger uses the seat belt.

(8)Nothing in subregulation (7) prevents a person who is training, instructing or assessing the operator of a powered mobile plant in the operation of the plant (the instructor) from riding on the plant other than in a seat specifically designed for carrying a person if a person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace ensures that means are used to prevent the instructor from slipping, falling or being thrown from the plant.

Penalty applicable to subregulations (1), (4), (5), (6) and (7): $25 000.

[Regulation 4.44 amended in Gazette 8 Mar 2002 p. 983‑5; 7 Jun 2002 p. 2737.]

4.45.Specific protection requirements for certain tractors and certain earthmoving machinery

(1)A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that —

(a)a tractor of a mass greater than 800 kilograms and less than 15 000 kilograms manufactured, imported or originally purchased after 1 January 1981 is fitted with a roll‑over protective structure; and

(b)hydraulic excavators and earthmoving machinery of a kind to which AS 2294 applies manufactured, imported or originally purchased after 1 January 1989 is fitted with an appropriate combination of operator protective devices.

Penalty: $25 000.

(2)Nothing in this regulation or in regulation 4.44 applies to a tractor that is installed in a fixed position and in a manner that would not enable the tractor to be used as mobile plant.

[Regulation 4.45 amended in Gazette 8 Mar 2002 p. 985.]

4.46.Plant with hot or cold parts

(1)If any plant at a workplace has a hot or a cold part and a person could be exposed to that hot or cold part then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that the exposure is monitored, and is appropriately managed to reduce, as far as is practicable, any risk of injury or harm occurring to the first‑mentioned person.

(2)If plant containing molten metal is to be moved at a workplace then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that arrangements are made to prevent unnecessary access to any part of the transport route during the transportation.

(3)If plant at a workplace has pipes or other parts which are hot or cold then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that those pipes or other parts are adequately guarded or insulated to reduce, as far as is practicable, the risk of injury or harm to a person.

Penalty applicable to subregulations (1), (2) and (3): $25 000.

[Regulation 4.46 amended in Gazette 8 Mar 2002 p. 986.]

[4.47.Repealed in Gazette 8 Mar 2002 p. 986.]

4.48Industrial robots, etc.

A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that —

(a)no person works in the immediate vicinity of plant which could start without warning and cause a hazard unless appropriate controls and systems of work are in place; and

(b)if an industrial robot can be remotely or automatically energized, access to the immediate area around that robot is restricted and controlled at all times by —

(i)positive isolation; or

(ii)the provision of interlocked guarding, presence‑sensing devices or permit‑to‑work systems.

Penalty: $25 000.

[Regulation 4.48 inserted in Gazette 8 Mar 2002 p. 986‑7.]

4.49.Lasers

A person who, at a workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that — 

(a)a laser or laser product is not used at a workplace unless it has been classified and labelled in accordance with AS 2211;

(b)Class 3B or Class 4 lasers or laser products (as defined in AS 2211) are not used for construction work;

(c)the use of lasers and laser products (other than Class 3B or Class 4 lasers or laser products) in construction work is in accordance with AS 2397; and

(d)the use of lasers and laser products at a workplace other than a construction site is in accordance with AS 2211.

Penalty: $25 000.

[Regulation 4.49 amended in Gazette 8 Mar 2002 p. 987.]

4.50.Nail guns

(1)A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that a nail gun is not brought onto or used at the workplace if it has been modified so that it is not or cannot be used in accordance with its manufacturer’s specifications for its safe use.

(2)Subregulation (1) does not apply to a nail gun that is taken onto a workplace for the purpose of —

(a)being repaired; or

(b)being modified to ensure that it complies with its manufacturer’s specifications for its safe use.

(3)A person who at a workplace uses a nail gun must ensure that one or more safety warning signs bearing the words “WARNING —NAIL GUN IN USE — KEEP CLEAR” are displayed so as to be clearly legible to all persons who are at or entering that part of the workplace where the gun is to be used.

Penalty applicable to subregulations (1) and (3) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (3) in any other case: $25 000.

[Regulation 4.50 amended in Gazette 8 Mar 2002 p. 988.]

4.51.Explosive powered tools

A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that an explosive powered tool used at the workplace complies with the requirements of, and is used in accordance with, AS/NZS 1873.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

[Regulation 4.51 inserted in Gazette 8 Mar 2002 p. 989.]

4.52.Amusement structures

(1)If, at a workplace, there is an amusement structure then a person who, at the workplace is an employer, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure — 

(a)that the structure is operated, maintained and inspected — 

(i)in accordance with AS 3533 or, if applicable, the Australian Association of Live Steamers Code of Practice and maintained in accordance with that Standard or Code, as the case requires; and

(ii)having regard to the instructions of a person who designed or manufactured the structure or of any competent person who develops instructions for the operation of that structure;

(b)that records are kept in relation to the structure in accordance with AS 3533 or, if applicable, the Australian Association of Live Steamers Code of Practice;

(c)that the structure has such emergency brakes as are necessary to prevent collision between components of the amusement structure in the event of the normal controls failing; and

(d)where the structure uses inclined tracks, that it has automatic anti‑rollback devices to prevent backward movement of any passenger carrying units upon failure of the propelling mechanism.

(2)A person who is an employer, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace at a workplace at which an amusement structure is operated must ensure that — 

(a)if the operator of the structure does not have a clear view of the point at which passengers are loaded or unloaded then the structure has a signal system for starting and stopping;

(b)any code of signals adopted is printed and kept posted at the stations of the operator and the signaller; and

(c)signals for the movement or operation of the structure are given only when all passengers and other persons who may be endangered by such movement or operation are in a position of safety.

Penalty applicable to subregulations (1) and (2): $25 000.

[Regulation 4.52 amended in Gazette 8 Mar 2002 p. 989‑90.]

4.53.Plant that lifts, suspends or lowers people, equipment or materials

(1)If there is at a workplace any plant that is designed to lift or lower people, equipment or materials then a person who, at the workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure, as far as practicable, that no loads are suspended over, or travel over, a person.

(2)A person who, at a workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that no person is lifted or suspended by any plant at a workplace or its attachment (other than any plant specifically designed for the lifting or suspending of persons) unless — 

(a)another method is impracticable;

(b)a suitable and adequate work box or other personnel carrying device, designed for the purpose, is used and securely attached to the plant;

(c)the plant is fitted with a means by which the work box or other personnel carrying device can be safely lowered in the event of an emergency or the failure of the power supply;

(d)the plant is suitably stabilized at all times while the work box or other personnel carrying device is in use;

(e)a suitable means of preventing a person falling from the work box or other personnel carrying device is provided in accordance with Division 5 of Part 3 and worn by all persons in a suspended work box or other personnel carrying device, except where the work box or other personnel carrying device is fully enclosed; and

(f)in the case of a crane, it has “drive‑up” and “drive‑down” controls on both the hoisting and luffing motions and those controls are used.

(3)A person who, at a workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that a load is not lifted at the workplace simultaneously with 2 or more items of plant other than cranes unless — 

(a)it is not practicable to lift the load with one item of plant only;

(b)the distance between any 2 of the items of plant is such that each plant and its load cannot come into contact with the other items of plant and their loads; and

(c)a means of communication is provided for the operator of each item of plant and each operator is trained in the use of the means of communication.

(4)A system of radio communication is not sufficient for the purposes of subregulation (3) unless it is kept free from interference from any other radio system and enables clear communication at all times.

(5)A person who, at a workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that if plant is used for lifting or moving a load at the workplace and the load may become unstable, then the load is appropriately restrained.

(6)A person who, at a workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that plant other than a crane or hoist is not used at the workplace to suspend a load unless — 

(a)the use of a crane or hoist is impracticable;

(b)the lifting arm of the plant is not extended beyond the limit required to lift the load;

(c)the plant does not travel with the load unless the lifting arm is retracted as far as practicable;

(d)if necessary, stabilizers are provided and used to achieve stability of the plant;

(e)persons and vehicles are prevented from entering any area in or adjacent to the workplace where there is a risk of injury or damage occurring as a result of the movement of the load — 

(i)by means of warning signs, flashing lights, barriers, traffic controllers or other means as would be appropriate to the nature of the load; and

(ii)with the minimum amount of disruption to persons and traffic in the area;

(f)a lifting point is provided on the plant;

(g)if buckets operated by trip‑type catches are used for lifting, the catch is bolted or otherwise positively engaged;

(h)an appropriate load chart is provided and all lifting is done within the safe working load limits of the plant;

(i)the safe working load limits of the plant are actually displayed on the plant; and

(j)loads are only lifted using attachments that are suitable for the task being performed.

(7)A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that no winch other than a winch that is part of a crane is used at the workplace for any lifting work unless the winch is a “drive‑up/drive‑down” type that does not incorporate any form of declutching allowing free fall.

Penalty applicable to subregulations (1), (2), (3), (5), (6) and (7): $25 000.

[Regulation 4.53 amended in Gazette 8 Mar 2002 p. 990‑2.]

4.54.Additional requirements as to cranes, hoists and building maintenance units

(1)A person who, at a workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that if, at the workplace, a person is to ride in a work box suspended from a crane then both the rider and the driver of the crane have been given written instructions for the use of the crane in those circumstances, setting out the conditions of use, and signed by both the first‑mentioned person and a competent person.

(2)A person who, at a workplace where there is a crane or hoist, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that the crane or hoist is not used as an amusement structure, whether or not for payment or reward.

(3)If there is a crane, hoist or building maintenance unit at a workplace then a person who, at the workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that the crane, hoist or unit is operated — 

(a)in accordance with AS 2550.1 and any other Part of AS/NZS 2550 that is relevant to that kind of plant and with AS 1418.1 and any other Part of AS 1418 that is relevant to that kind of plant; and

(b)having regard to the instructions of a person who designed or manufactured the crane, hoist or unit or of any competent person who develops instructions for the inspection, operation and maintenance of the crane, hoist or unit.

(4)A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that no crane is used at the workplace for multi‑crane hoisting unless — 

(a)the physical dimensions and mass of the load prevent it from being handled by any single crane that is readily available; and

(b)the hoisting is supervised by a competent person who is not otherwise involved in the operation.

Penalty applicable to subregulations (1), (2), (3) and (4): $25 000.

[Regulation 4.54 amended in Gazette 8 Mar 2002 p. 992‑3; 28 Jun 2002 p. 3121.]

4.55.Additional requirements as to industrial lift trucks

(1)A person who, at the workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that an industrial lift truck at the workplace that is not a pedestrian operated industrial lift truck is operated —

(a)in the case of a person who is not less than 18 years of age —

(i)by a person who has documentary evidence that he or she satisfies the competency requirements of the National Guidelines for Occupational Health and Safety Competency Standards for the Operation of Loadshifting Equipment and Other Types of Specified Equipment [NOHSC: 7019 (1992)] for loadshifting equipment; and

(ii)having regard to the instructions of a person who designed or manufactured the industrial lift truck or of any competent person who develops instructions for the operation of the industrial lift truck;

or

(b)in the case of a person who has reached 17 years of age —

(i)by a person who is undergoing training and instruction in the use of that type of industrial lift truck at a workplace under the direct supervision of a person overseeing the training in accordance with the National Occupational Health and Safety Certification Standards for Users and Operators of Industrial Equipment [NOHSC: 1006 (2001)] (the instructor) unless the instructor is satisfied that direct supervision is not necessary because a lesser degree of supervision would not place the person being trained or other persons at risk of injury or harm; and

(ii)having regard to the instructions of a person who designed or manufactured the industrial lift truck or of any competent person who develops instructions for the operation of the industrial lift truck.

(2)If there is a pedestrian operated industrial lift truck at a workplace, then a person who, at the workplace is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that that truck is operated —

(a)by a person trained or being trained in the operation of that type of truck; and

(b)having regard to the instructions of a person who designed or manufactured the industrial lift truck or of any competent person who develops instructions for the operation of the industrial lift truck.

Penalty applicable to subregulations (1) and (2): $25 000.

[Regulation 4.55 inserted in Gazette 8 Mar 2002 p. 994‑6.]

4.56.Lifts and general work on lifts

(1)If there is a lift at a workplace then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that — 

(a)the lift is installed, commissioned, maintained, inspected and tested by a competent person — 

(i)in accordance with AS 1735.1 and any other Part of AS 1735 that is relevant to that kind of lift; and

(ii)having regard to the instructions of the persons who designed and manufactured the lift.

[(b)deleted]

(2)Without limiting regulation 3.49, if a person does work in a lift well at a workplace and there is a risk of the person falling or of objects falling on the person or a risk to the person from movement of the lift or a false car then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that as a minimum, the following protection is provided for the first‑mentioned person — 

(a)a safe working platform or area;

(b)adequate overhead protection; and

(c)safe access to the safe working platform or area.

(3)Without limiting regulation 3.3, if a person does work involving the use of a winch in a lift well at a workplace then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that the first‑mentioned person is provided with an efficient auditory signalling system allowing communication between the winch driver and that person.

Penalty applicable to subregulations (1), (2) and (3): $25 000.

[Regulation 4.56 amended in Gazette 8 Mar 2002 p. 996.]

4.57.Construction and installation work on lifts

(1)The requirements of this regulation in relation to the construction and installation of lifts are in addition to the requirements in regulation 4.56 in relation to lifts.

(2)If a lift is being constructed or installed and a person other than a person involved in the work could have access to the area where the work is being done then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that secure barriers are provided to prevent access to the lift well by anyone other than persons doing the work.

(3)If — 

(a)a lift is being installed; or

(b)work associated with the installation of a lift is being done in an express lift well,

and a false car, permanent car platform or permanent car is in use then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that a false car, permanent car platform or permanent car is provided in an adjacent lift well so as to give access to or egress from the express lift well in case of an emergency.

(4)If a lift is being constructed in a building or structure then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that an independent power supply is provided to enable the persons to do the work.

(5)Without limiting regulation 3.49, if a lift is being constructed or installed in a building or structure and there is a risk of a person falling or of objects falling on the person or a risk to the person from movement of the lift or a false car then a person who, at the workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that there is a solid or mesh enclosure between the lift well and any adjacent lift well that has a lift in operation.

(6)If a lift is being constructed or installed at a workplace then a person who is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that —

(a)the safe working provisions and practices set out in AS/NZS 4431 are followed; and

(b)an independent power supply is provided to enable the construction or installation to be carried out.

Penalty applicable to subregulations (2), (3), (4), (5) and (6): $25 000.

[Regulation 4.57 amended in Gazette 8 Mar 2002 p. 996‑7; 7 Jun 2002 p. 2737.]

Part 5 — Hazardous substances

Division 1 — Preliminary

5.1.Interpretation

(1)In this Part, unless the contrary intention appears — 

appointed medical practitioner means a medical practitioner who is — 

(a)adequately trained to conduct health surveillance in relation to the hazardous substance in question; and

(b)appointed by the employer, a main contractor or a self‑employed person, as the case requires, after consultation with the person in respect of whom the health surveillance is to be conducted and after giving the person a reasonable choice in the selection of the medical practitioner;

article means an item which — 

(a)during production is formed to a specific shape or design, or with a specific surface;

(b)is used for a purpose that depends in whole or in part upon its shape, surface or design; and

(c)undergoes no change in chemical composition or physical state during use except as an intrinsic aspect of that use,

but does not include fluid or a particle;

biological monitoring means the measurement and evaluation of a hazardous substance or its metabolites in a person’s body tissues, fluids or exhaled air;

chemical name means the scientifically recognized name given to a compound or substance based on its chemical constitution;

consumer package means a package — 

(a)intended by the supplier for retail display and sale; or

(b)containing a number of packages referred to in paragraph (a);

container means anything in or by which a hazardous substance is or has been held, but does not include a tank or bulk storage container as defined in the ADG Code;

emergency services means — 

(a)the Police Force of Western Australia;

(b)a brigade within the meaning of the Fire Brigades Act 1942; or

(c)any other department, agency or instrumentality of the Crown that may be required to attend the scene of an emergency involving a hazardous substance;

exposure standard, in relation to a substance specified in the National Exposure Standards [NOHSC: 1003 (1995)], means the exposure standard specified in those Standards for the substance;

generic name means the name used to describe a category or group of chemicals;

hazardous substance means a substance — 

(a)entered in the List of Designated Hazardous Substances [NOHSC: 10005 (1999)]; or

(b)which, under regulation 5.3(b) is, or should be, determined to be a hazardous substance;

health surveillance means the monitoring of a person for the purpose of identifying changes in the person’s health status resulting from exposure to a hazardous substance;

ingredient means a component of a substance (including an impurity) whether in a mixture or combined with that substance;

Material Safety Data Sheet or MSDS means a document which contains the information in relation to a substance that is required by the National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC: 2011 (1994)], whether or not the document is in the form required by that code of practice;

monitoring means the regular survey of all measures which are used to control hazardous substances at a workplace and includes the monitoring of the atmosphere at the workplace to derive a quantitative estimate of the levels of hazardous substances in the air, but does not include biological monitoring;

purchaser, in relation to a substance, means a person who acquires the substance for valuable consideration;

record means any form in which information can be stored, whether on a permanent basis or in a form from which information can be reproduced;

retailer, in relation to a substance, means a person who sells the substance to members of the public who themselves are not engaged in any further resale of the substance;

risk phrase refers to the phrases set out in Appendix 4 of the Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1994)] by which the health effects of hazardous substances can be described;

safety phrase means a phrase describing the safe handling, storage or use of personal protective equipment for a hazardous substance;

substance means any natural or artificial entity, composite material, mixture or formulation, other than an article;

supplier, in relation to a hazardous substance, includes — 

(a)a wholesaler, distributor, warehouse operator or other person who supplies the substance; and

(b)a person who manufactures or imports the substance,

but does not include a retailer;

type I ingredient means an ingredient described as a type I ingredient in Schedule 5.1;

type II ingredient means an ingredient described as a type II ingredient in Schedule 5.1;

type III ingredient means an ingredient described as a type III ingredient in Schedule 5.1;

use, in relation to a hazardous substance, includes the production, handling, storage, transport or disposal of the substance but does not include — 

(a)the holding of a substance in transit for less than 2 working days; or

(b)transportation of a substance in compliance with the ADG Code, the International Maritime Dangerous Goods Code, the Technical Instructions for the Safe Transport of Dangerous Goods by Air or a law of the Commonwealth regulating the transportation of the substance;

warehouse operator means a person who operates a warehouse where unopened packaged goods intended for supply to a retailer are held on the premises.

(2)In subregulation (1) a reference to — 

(a)the ADG Code is a reference to the “Australian Code for the Transport of Dangerous Goods by Road and Rail” prepared by the Standing National Advisory Committee on the Transport of Dangerous Goods (5th edition) published by the Australian Government Publishing Service, Canberra, 1992, ISBN 0 644 256 109;

(b)the International Maritime Dangerous Goods Code is a reference to the code prepared by the Inter‑Governmental Consultative Organisation, published by the Australian Government Publishing Service, Canberra, 1979, Catalogue Code 7992010; and

(c)the Technical Instructions for the Safe Transport of Dangerous Goods by Air is a reference to the instructions prepared by the International Civil Aviation Organisation (ICAO).

[Regulation 5.1 amended in Gazette 17 Dec 1999 p. 6234.]

5.2.Application

This Part does not apply in relation to — 

(a)a radioactive substance;

(b)a substance used in or in connection with the prevention, diagnosis, curing or alleviation of a disease, ailment, defect or injury in human beings or animals while it is being administered to a human being or an animal; or

(c)a substance that may be hazardous only by reason of its containing any disease causing organism.

[Regulation 5.2 amended in Gazette 17 Dec 1999 p. 6235.]

Division 2 — Hazardous substances generally

5.3.Determination of whether or not a substance is a hazardous substance

A person who intends to manufacture or import a substance for use at a workplace must, before doing so — 

(a)determine whether the substance is entered as a hazardous substance in the List of Designated Hazardous Substances [NOHSC: 10005 (1999)]; and

(b)if the substance is not entered in the List of Designated Hazardous Substances, determine in accordance with the Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1994)] whether the substance is a hazardous substance.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

[Regulation 5.3 amended in Gazette 17 Dec 1999 p. 6235.]

5.4.Commissioner to be notified of new hazardous substances

If a person determines under regulation 5.3(b) that a substance is a hazardous substance then the person must, within a reasonable time of the determination, notify the Commissioner of the determination.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

5.5.Material Safety Data Sheets

(1)A person who manufactures or imports a hazardous substance for use at a workplace must — 

(a)prepare an MSDS for the hazardous substance;

(b)ensure that the MSDS is available before the hazardous substance is supplied to the workplace; and

(c)review and revise the MSDS as often as is reasonably necessary to keep it up to date and, in any event, at least every 5 years.

(2)A person who manufactures or imports a hazardous substance for use at a workplace must disclose in the MSDS for the hazardous substance — 

(a)the chemical name of any type I ingredient of the hazardous substance;

(b)the chemical name of any type II ingredient of the hazardous substance or, if the identity of a type II ingredient of the hazardous substance is commercially confidential, the generic name of the ingredient; and

(c)subject to subregulation (3), either the chemical name or a generic name of any type III ingredient of the hazardous substance.

(3)If the disclosure of a generic name of a type III ingredient does not, in the opinion of the person who manufactured or imported the hazardous substance, provide sufficient commercial protection and the type III ingredient — 

(a)is not itself a hazardous substance; and

(b)does not have known synergistic effects with other ingredients in the hazardous substance,

then the phrase “Other ingredients determined not to be hazardous” may be used instead of the chemical name or generic name.

Penalty applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

[Regulation 5.5 amended in Gazette 17 Dec 1999 p. 6235.]

5.6.Labelling etc.

A supplier of a hazardous substance for use in a workplace must ensure that — 

(a)any container in which the hazardous substance is supplied is labelled in accordance with the relevant requirements of the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)];

(b)the chemical name of any type I ingredient of the hazardous substance is disclosed on a label for the hazardous substance; and

(c)the chemical name of any type II ingredient of the hazardous substance or, if the identity of a type II ingredient of the hazardous substance is commercially confidential, the generic name of that ingredient, is disclosed on a label for the hazardous substance.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

5.7.Commissioner to be notified if generic name used for type II ingredients

If a generic name is used or to be used to identify a type II ingredient of a hazardous substance under regulation 5.5(2)(b) or 5.6(c), the person who manufactured or imported the hazardous substance must notify the Commissioner in the form of Appendix 5 to the National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC: 2011 (1994)].

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

5.8.Provision of information about hazardous substances

(1)A supplier of a hazardous substance for use at a workplace must ensure that a current MSDS for the hazardous substance is provided — 

(a)to a person (whether or not a retailer) who purchases the hazardous substance from the supplier on the first occasion of the person obtaining the hazardous substance from the supplier;

(b)to a person (whether or not a retailer) — 

(i)who purchases the hazardous substance from the supplier on a subsequent occasion; or

(ii)who is a potential purchaser of the hazardous substance and intends to purchase the hazardous substance from the supplier,

at the request of that person; and

(c)to a person — 

(i)who purchases the hazardous substance from a person who obtained the hazardous substance from the supplier; or

(ii)who is a potential purchaser of the hazardous substance and intends to purchase the hazardous substance from a person who has obtained, or will obtain, the hazardous substance from the supplier,

at the request of that person.

(2)A person who is a supplier does not commit an offence under subregulation (1)(a) if the person does not provide an MSDS for a hazardous substance to another supplier or to a retailer and — 

(a)the hazardous substance is in a consumer package which holds less than 30 kilograms or 30 litres; and

(b)proof of which is on the person, the package is not intended to be opened on either the premises of the person, the other supplier or the retailer, as the case requires.

(3)Despite subregulations (1) and (2), a supplier of a hazardous substance for use in a workplace must, at the request of a person who has obtained, either directly or indirectly, the hazardous substance from the supplier, provide the person as soon as is practicable with — 

(a)a copy of any summary report in the possession of the supplier that has been prepared under the Industrial Chemicals (Notification and Assessment) Act 1989 of the Commonwealth in relation to the hazardous substance; and

(b)any other information (in addition to an MSDS) in the possession of the supplier in relation to the hazardous substance which may, in the opinion of the supplier, assist in the safe use of the hazardous substance.

Penalty applicable to subregulations (1) and (3) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (3) in any other case: $25 000.

5.9.Ingredient disclosure to medical practitioners

Despite regulation 5.5(2)(b) and (c) and regulation 5.6(c), a person to whom any of those regulations applies must disclose to a medical practitioner the chemical name of a type II or type III ingredient if the medical practitioner — 

(a)determines that a medical emergency exists and requests the information for the purposes of providing proper emergency or first aid treatment; and

(b)gives a written undertaking that the information will only be used for the purposes of providing proper emergency or first aid treatment.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

5.10.Ingredient disclosure to persons who may be affected

(1)If there is a hazardous substance at a workplace then for the purposes of protecting the safety and health of a person who might be exposed to the hazardous substance at the workplace — 

(a)a person who works at the workplace or employs a person who works at the workplace; or

(b)any emergency services personnel,

may request the supplier of the hazardous substance to disclose the chemical name of any ingredient of the hazardous substance.

(2)A request under subregulation (1) is to — 

(a)be in writing;

(b)provide details of the purposes for which the information is required; and

(c)include a written undertaking that the information will not be used except for the purposes set out in the written request.

(3)A person who receives a request under subregulation (1) that complies with subregulation (2) must respond in writing within 30 days of receiving the request and must either — 

(a)disclose the chemical name of the ingredient as requested; or

(b)refuse the request giving — 

(i)specific reasons for the refusal; and

(ii)such alternative information as can be given to satisfy the purposes set out in the request without disclosing the chemical name of the ingredient.

Penalty applicable to subregulation (3) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulation (3) in any other case: $25 000.

5.11.Employers, main contractors and self‑employed persons to obtain and provide information

(1)If a hazardous substance is to be used at a workplace then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must — 

(a)before, or upon, the first occasion on which the hazardous substance is supplied to the workplace — 

(i)obtain from the supplier of the hazardous substance an MSDS for the hazardous substance; and

(ii)consult with all persons who might be exposed to the hazardous substance at the workplace about the intention to use the hazardous substance at the workplace and the safest method of using the hazardous substance;

(b)ensure that the MSDS for the hazardous substance is readily available to any person who might be exposed to the hazardous substance at the workplace; and

(c)ensure that no alteration is made to an MSDS except where — 

(i)the person who is the employer, the main contractor or the self‑employed person, as the case requires, is also the person who imported the hazardous substance; and

(ii)an overseas document described as an MSDS requires alteration in order to conform with the definition of MSDS in these regulations.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

(2)A person to whom subregulation (1) applies and who is also a retailer or a warehouse operator does not commit an offence under that subregulation — 

(a)if the hazardous substance is in a consumer package which holds less than 30 kilograms or 30 litres; and

(b)if, proof of which is on the person, the package is not intended to be opened on the premises of the person.

5.12.Duties of employers, main contractors and self‑employed persons as to labelling hazardous substances

(1)If a hazardous substance is used at a workplace then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure — 

(a)that any container in which the hazardous substance is held at the workplace is labelled in accordance with the relevant requirements of the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)];

(b)if the hazardous substance is contained in an enclosed system such as a pipe or piping system or a process or reactor vessel, that the presence of the hazardous substance is made known to any person who might be exposed to the hazardous substance at the workplace; and

(c)that a correct label or colour code of the hazardous substance or an enclosed system referred to in paragraph (b) is not removed, defaced, modified or altered, unless the container has been cleaned to the extent that it no longer contains the hazardous substance.

(2)If a hazardous substance is decanted at a workplace from its original container to another container and all of the hazardous substance is consumed immediately then a person does not commit an offence under subregulation (1) even though the container into which the hazardous substance is decanted is not labelled in accordance with that subregulation.

(3)If a hazardous substance is decanted at a workplace from its original container to another container and not all of the hazardous substance is consumed immediately then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that the container into which the hazardous substance has been decanted is labelled with — 

(a)the brand name, trade name, code name or code number specified by the supplier of the hazardous substance; and

(b)the risk phrases and safety phrases that apply to the hazardous substance.

Penalty applicable to subregulations (1) and (3): $25 000.

5.13.Register of hazardous substances

(1)A person who, at a workplace, is an employer, a main contractor or a self‑employed person must — 

(a)establish and keep current a register of each hazardous substance used in the workplace;

(b)ensure that the register contains (as a minimum) a list of each hazardous substance used from time to time at the workplace and the MSDS for each hazardous substance; and

(c)ensure that the register is readily available to all persons who are or who might be exposed to a hazardous substance at the workplace, including emergency services personnel.

Penalty: $25 000.

(2)A person to whom subregulation (1) applies and who is also a retailer or a warehouse operator does not commit an offence under that subregulation — 

(a)if the hazardous substance is in a consumer package which holds less than 30 kilograms or 30 litres; and

(b)if, proof of which is on the person, the package is not intended to be opened on the premises of the person.

5.14.Certain uses of certain hazardous substances prohibited

A person who, at a workplace, is an employer, a main contractor or a self‑employed person must ensure that a hazardous substance of a kind set out in column 1 of Schedule 5.2 is not used or handled at the workplace in the manner set out opposite that hazardous substance in column 2 of that Schedule.

Penalty: $25 000.

5.15.Assessment in relation to hazardous substances

(1)Without limiting regulation 3.1, a person who, at a workplace is an employer, the main contractor or a self‑employed person must assess the risk of injury or harm occurring to a person as a result of the person being exposed to a hazardous substance at the workplace.

(2)A person who, at a workplace is an employer, the main contractor or a self‑employed person must ensure, as far as is practicable, that an assessment referred to in subregulation (1) — 

(a)includes the identification of each hazardous substance used at the workplace;

(b)includes — 

(i)a review of the MSDS for each hazardous substance used at the workplace; or

(ii)where a hazardous substance is included in a consumer package, a review of each label on the package;

and

(c)includes the identification of any likelihood of injury or harm occurring as a result of exposure to each hazardous substance used at the workplace.

(3)If a person is required under subregulation (1) to conduct an assessment in relation to a hazardous substance at one workplace then the person may, for the purposes of the assessment, have regard to an assessment of representative work with the hazardous substance at another workplace or other workplaces.

(4)A person who is required under subregulation (1) to conduct an assessment in relation to a hazardous substance at a workplace must ensure that whatever the outcome of the assessment, a record is made in the register referred to in regulation 5.13 to indicate that the assessment has been done.

Penalty applicable to subregulations (1), (2) and (4): $25 000.

5.16.Assessment report

If an assessment conducted under regulation 5.15 identifies a significant risk of injury or harm occurring as a result of exposure to a hazardous substance at a workplace then the person who was required under that regulation to conduct the assessment must ensure, as far as is practicable that — 

(a)a report is prepared on the assessment; and

(b)the action to be taken in order to achieve compliance with this Part in relation to the hazardous substance is set out in the report.

Penalty: $25 000.

5.17.Subsequent assessments

A person required under regulation 5.15 to conduct an assessment in relation to a hazardous substance at a workplace must ensure that a further assessment is made — 

(a)if it appears that there is an increase in the risk of injury or harm occurring as a result of exposure to any hazardous substance at the workplace; and

(b)when 5 years have elapsed since the last assessment referred to in regulation 5.15 was done.

Penalty: $25 000.

5.18.Assessment reports to be available for inspection

A person who is required under regulation 5.15 or 5.17 to conduct an assessment in relation to a hazardous substance must ensure that each assessment report (if any) prepared on behalf of that person in relation to the hazardous substance is accessible at all reasonable times to any person who might be exposed to the hazardous substance at the workplace.

Penalty: $25 000.

5.19.Exposure standards not to be exceeded

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that no person is exposed at the workplace to a hazardous substance in excess of the exposure standard for the hazardous substance.

Penalty: $25 000.

5.20.Risks arising from hazardous substances to be reduced and means of reducing risks

(1)A person who, at a workplace, is an employer, the main contractor or a self‑employed person must, as far as practicable, reduce any risk to a person arising from exposure to a hazardous substance at the workplace — 

(a)by means of preventing exposure to the hazardous substance;

(b)to the extent that it is not practicable to prevent exposure to the hazardous substance, by means other than the provision of personal protective clothing or equipment; and

(c)to the extent that it is not practicable to reduce the risk by the means referred to in paragraph (a) or (b), by requiring the person who may be exposed to the hazardous substance to use personal protective clothing or equipment (in addition to the means referred to in paragraph (b) where practicable).

(2)A person who, at a workplace is an employer, the main contractor or a self‑employed person must ensure that the means referred to in subregulation (1) are effectively maintained.

Penalty applicable to subregulations (1) and (2): $25 000.

5.21.Induction and training

(1)A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that each person who is likely to be exposed to a hazardous substance at the workplace receives, before commencing the work, relevant and adequate information about and training on — 

(a)the potential health risk and any toxic effects associated with the hazardous substance;

(b)the control measures used to minimise the risk to safety and health;

(c)the correct use of methods used to minimise adverse effects of exposure to the hazardous substance;

(d)without limiting regulation 3.34, the correct care and use of personal protective clothing and equipment; and

(e)the need for, and details of, health surveillance.

(2)A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that records are kept of all induction and training undertaken by a person for the purposes of subregulation (1).

Penalty applicable to subregulations (1) and (2): $25 000.

5.22.Monitoring risks associated with hazardous substances

If an assessment under regulation 5.15 indicates that monitoring should be done at the workplace then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that — 

(a)appropriate monitoring is done;

(b)a record is kept of the results of monitoring;

(c)each person who is likely to be exposed to a hazardous substance at the workplace is given the results of the monitoring of the hazardous substance as soon as the results are available; and

(d)the results of monitoring are accessible to all persons referred to in paragraph (c) at all reasonable times.

Penalty: $25 000.

5.23.Health surveillance in relation to hazardous substances

(1)If the health of a person is at risk as a result of the person’s exposure at a workplace to a hazardous substance set out in column 1 of Schedule 5.3 then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that health surveillance of the type set out opposite the substance in column 2 of that Schedule is provided for, and at no cost to, the first‑mentioned person and is supervised by an appointed medical practitioner.

(2)A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that health surveillance supervised by an appointed medical practitioner is provided for, and at no cost to, each person who has been identified in an assessment under regulation 5.15 as being — 

(a)exposed, or likely to have been exposed, to a hazardous substance in circumstances where — 

(i)he or she is at risk of suffering an identifiable disease or effect on health as a result of the exposure;

(ii)there is a reasonable likelihood that such a disease or effect on health might occur under the particular conditions of work; and

(iii)there is a scientifically recognized technique which can be used for detecting indications of the disease or the effect on health;

or

(b)exposed, or likely to have been exposed, to a hazardous substance in excess of the exposure standard for that hazardous substance.

(3)A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that health surveillance under subregulation (2) includes biological monitoring if there is a suitable biological monitoring procedure available in relation to the relevant hazardous substance.

(4)A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that results of any health surveillance under subregulation (1), (2) or (3) are treated as confidential records.

Penalty applicable to subregulations (1), (2), (3) and (4): $25 000.

5.24.Duties of appointed medical practitioners

(1)An appointed medical practitioner who provides health surveillance in relation to a person must ensure, as soon as practicable after the health surveillance is completed, or if the health surveillance comprises a series of tests and examinations (ongoing surveillance), as soon as practicable after the results become available, that — 

(a)the results of the health surveillance or ongoing surveillance are recorded;

(b)the person is notified of the results of the health surveillance or ongoing surveillance and given any necessary explanation of those results;

(c)the Commissioner is notified if the health surveillance or ongoing surveillance yields results which are consistent with exposure to a hazardous substance; and

(d)the person who was required to arrange the health surveillance is advised — 

(i)of the outcome of the health surveillance or ongoing surveillance;

(ii)on any need for remedial action; and

(iii)of any notification made under paragraph (c) to the Commissioner.

(2)An appointed medical practitioner — 

(a)must ensure that the results of any health surveillance are treated as confidential records; and

(b)must not provide to any other person the results of any health surveillance that identify the person to whom they apply without first obtaining the informed and written consent of that person.

(3)Subregulation (2)(b) does not apply to the provision of the results to — 

(a)the Commissioner under subregulation (1)(c); or

(b)a person who, as part of the requirements of the person’s profession, is bound to treat the results as confidential records.

(4)An appointed medical practitioner must ensure that results of health surveillance are clearly identified as being for the purposes of these regulations and not for any other purpose.

(5)Subject to subregulation (6), an appointed medical practitioner must ensure that the medical records of health surveillance prepared by the medical practitioner for the purposes of these regulations are kept for at least 30 years from the completion of the surveillance.

(6)If a medical practitioner to whom subregulation (5) applies ceases to practise in this State, the medical practitioner must give the records to the Commissioner.

Penalty applicable to subregulations (1), (2), (4), (5) and (6): $10 000.

5.25.Employers, main contractors and self‑employed persons to take remedial action

If a person who, at a workplace, is an employer, a main contractor or a self‑employed person is advised by an appointed medical practitioner of the need for remedial action in relation to the exposure of a person to a hazardous substance at the workplace, the first‑mentioned person must, as soon as is practicable, undertake a further assessment of the other person’s exposure to the hazardous substance and implement any necessary prevention or control measures.

Penalty: $25 000.

5.26.Periods for which records to be kept by employers, main contractors and self‑employed persons

(1)Subject to subregulation (3), a person who, at a workplace, is an employer, a main contractor or a self‑employed person must ensure that the following records and reports are kept for at least 30 years from the completion, or last entry, of the record or report — 

(a)each assessment report prepared under regulation 5.16 which gives rise to monitoring or health surveillance;

(b)the results of all monitoring recorded under regulation 5.22;

(c)each report of health surveillance received under regulation 5.24(1)(d).

(2)Subject to subregulation (3), a person who, at a workplace, is an employer, a main contractor or a self‑employed person must ensure that the following records and reports are kept for at least 5 years from the completion, or last entry, of the record or report — 

(a)each register established under regulation 5.13;

(b)each assessment report prepared under regulation 5.16 which does not give rise to monitoring or health surveillance;

(c)each record of induction and training kept under regulation 5.21(2).

(3)If a person to whom subregulation (1) or (2) applies — 

(a)ceases to operate in the State;

(b)satisfies the Commissioner that keeping, or the maintaining of, a record or report is impractical or inappropriate; or

(c)is requested to do so by the Commissioner,

then the person must give the records to the Commissioner.

Penalty applicable to subregulations (1), (2) and (3): $25 000.

5.27.Commissioner to keep certain records as to hazardous substances

If the Commissioner is given a record under regulation 5.24(6) or 5.26(3) then the Commissioner is to ensure that the record is kept for at least 30 years from the completion of the surveillance.

Division 3 — Certain carcinogenic substances

5.28.Definitions

In this Division, unless the contrary intention appears — 

bona fide research means a systematic investigative or experimental activity conducted for the purpose of — 

(a)acquiring new knowledge whether or not that knowledge will have a specific practical application; or

(b)creating new materials, products, devices, processes or services or improving those things;

carcinogenic substance means a substance that is either a Schedule 5.4 substance or a Schedule 5.5 substance;

Schedule 5.4 substance means a substance set out in Schedule 5.4;

Schedule 5.5 substance means a substance set out in Schedule 5.5.

5.29.Application

This Division applies to each workplace at which a carcinogenic substance or any of its salts is used — 

(a)as a pure substance; or

(b)in a mixture containing 0.1% or more of that substance determined as — 

(i)a weight/weight (w/w) concentration for solids or liquids; or

(ii)a volume/volume (v/v) concentration for gases.

5.30.Commissioner to be informed if carcinogenic substances intended to be used at workplaces

(1)A person who, at a workplace, is an employer or a self‑employed person and who intends to use a Schedule 5.5 substance at the workplace must, before using the substance, notify the Commissioner of that intention and give the following information to the Commissioner — 

(a)the name of the employer or self‑employed person and of the main contractor, if any, at the workplace;

(b)the business address of the employer or self‑employed person;

(c)the name of the substance;

(d)the name and address of the supplier or proposed supplier of the substance;

(e)the address of the workplace at which the substance is intended to be used;

(f)details of, and reasons for, the intended use or activity or process involving the substance;

(g)the quantity of the substance and of any carcinogenic substance intended to be used on a yearly basis at the workplace;

(h)the name and business address of the person who is to conduct any assessment;

(i)sufficient information to show that it is not practicable to not use, or to substitute, the substance;

(j)the number of persons likely to be exposed to the substance at the workplace;

(k)a description of the safety measures taken to prevent or reduce the exposure of any person to the substance and to protect the health of persons generally;

(l)sufficient information to show that the safety measures and controls in place are the most practicable in the circumstances.

(2)A person who, at a workplace, is an employer or a self‑employed person and who intends to use a Schedule 5.4 substance at a workplace must, before using the substance, notify the Commissioner of that intention and give to the Commissioner — 

(a)the information referred to in subregulation (1) paragraphs (a) to (l) inclusive; and

(b)a statement that the substance will only be used for bona fide research.

Penalty applicable to subregulations (1) and (2): $25 000.

5.31.Schedule 5.4 substances not to be used at workplaces unless for bona fide research and with Commissioner’s approval

A person who, at a workplace, is an employer or a self‑employed person must ensure that a Schedule 5.4 substance is not used at the workplace unless — 

(a)the Commissioner has given approval to use the substance at the workplace;

(b)the substance is used only for the purpose of bona fide research; and

(c)if the Commissioner has imposed any condition on the use of the substance at the workplace, the use is in accordance with each condition.

Penalty: $25 000.

5.32.Schedule 5.5 substances not to be used at workplaces unless for purpose approved by Commissioner

A person who, at a workplace, is an employer or a self‑employed person must ensure that a Schedule 5.5 substance is not used at the workplace unless — 

(a)the Commissioner has given approval to use the substance at the workplace;

(b)the substance is used only for a purpose that has been approved by the Commissioner; and

(c)if the Commissioner has imposed any condition on the use of the substance at the workplace, the use is in accordance with each condition.

Penalty: $25 000.

5.33.Commissioner to acknowledge receipt of notification and information and may impose conditions

(1)The Commissioner is to acknowledge the receipt of the notification and information provided under regulation 5.30 within 10 days of receiving the notification.

(2)The acknowledgment is to include either — 

(a)advice to the effect that use of the carcinogenic substance at the workplace has not been approved by the Commissioner;

(b)advice to the effect that use of the carcinogenic substance at the workplace has been approved by the Commissioner without conditions; or

(c)advice to the effect that use of the carcinogenic substance at the workplace has been approved by the Commissioner on conditions imposed or to be imposed by the Commissioner.

(3)The Commissioner may impose any condition that the Commissioner thinks is necessary in relation to the use of any carcinogenic substance at a workplace but if the Commissioner imposes a condition then it must be communicated to the employer or self‑employed person within 50 days from the day of the acknowledgment.

5.34.Carcinogenic substances not to be used until conditions set

An employer or self‑employed person who receives an acknowledgment under regulation 5.33 to the effect that use of a carcinogenic substance at the workplace has been approved by the Commissioner on conditions imposed or to be imposed by the Commissioner must ensure that the carcinogenic substance is not used at the workplace until the conditions have been communicated to the employer or self‑employed person.

Penalty: $25 000.

5.35.Duties of suppliers of carcinogenic substances

A supplier must not supply a carcinogenic substance to an employer or a self‑employed person for use at a workplace unless the employer or self‑employed person has given the supplier sufficient evidence to the effect that use of the carcinogenic substance at the workplace has been approved by the Commissioner.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

5.36.Information for Commissioner to be kept up to date

(1)A person who has given information under regulation 5.30 must, as soon as practicable, inform the Commissioner if — 

(a)there is evidence to indicate that the information given is no longer valid;

(b)there is or has been a significant change in the use of the substance at the workplace; or

(c)the relevant assessment is or has been reviewed.

(2)A person who has given information under regulation 5.30 must provide the Commissioner with an update of the information, in any event, at least every 5 years.

Penalty applicable to subregulations (1) and (2): $25 000.

5.37.Employers and self‑employed persons to keep records in relation to carcinogenic substances

(1)A person who, at a workplace where a carcinogenic substance is used, is an employer or a self‑employed person must establish and keep current for each person who is likely to be exposed to the carcinogenic substance at the workplace, a record including — 

(a)the full name, address and date of birth of the person likely to be exposed to the carcinogenic substance; and

(b)the date of each period during which the person referred to in paragraph (a) was, or was likely to have been, exposed to the carcinogenic substance at the workplace,

and, subject to subregulation (3), keep the record for at least 30 years from the date of the last entry.

(2)Subject to subregulation (3), a person who, at a workplace where a carcinogenic substance is used, is an employer or a self‑employed person must ensure that there is kept at the workplace — 

(a)a copy of all information that the person has given to the Commissioner under regulation 5.30; and

(b)a copy of all conditions imposed by the Commissioner in relation to the use of the carcinogenic substance at the workplace,

for at least 30 years from the date of the document.

(3)If an employer or a self‑employed person to whom subregulation (1) or (2) applies — 

(a)ceases to operate in the State;

(b)satisfies the Commissioner that keeping, or the maintaining of, a record or report is impractical or inappropriate; or

(c)is requested to do so by the Commissioner,

then the employer or self‑employed person must give the records to the Commissioner.

Penalty applicable to subregulations (1), (2) and (3): $25 000.

5.38.Suppliers to keep records in relation to carcinogenic substances

(1)A supplier of a carcinogenic substance for use at a workplace must keep a record of — 

(a)the name of the carcinogenic substance supplied;

(b)the date of the supply; and

(c)the name of the person to whom the carcinogenic substance was supplied,

and, subject to subregulation (2), keep the record for at least 30 years from the date of the last entry.

(2)If a person to whom subregulation (1) applies — 

(a)ceases to operate in the State;

(b)satisfies the Commissioner that keeping, or the maintaining of, a record or report is impractical or inappropriate; or

(c)is requested to do so by the Commissioner,

then the person must give the records to the Commissioner.

Penalty applicable to subregulations (1) and (2) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (1) and (2) in any other case: $25 000.

5.39.Commissioner to keep certain records in relation to carcinogenic substances

If the Commissioner is given a record under regulation 5.37(3) or 5.38(2) then the Commissioner is to ensure that the record is kept for at least 30 years from the date of the last entry on the record.

5.40.Commissioner to be informed of certain matters as to carcinogenic substances

If — 

(a)a person is exposed at a workplace to a carcinogenic substance as a result of a spill or other incident; or

(b)monitoring or health surveillance results indicate that a person may have had excessive exposure at a workplace to a carcinogenic substance,

then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must, as soon as practicable, report the matter to the Commissioner.

Penalty: $25 000.

5.41.Persons who may be exposed to carcinogenic substances to be informed of certain matters

(1)If a person is exposed, or is likely to have been exposed, at a workplace to a carcinogenic substance then a person who, at the workplace is an employer, the main contractor or a self‑employed person must, as soon as practicable, inform the first‑mentioned person of the exposure or likelihood of exposure.

(2)An employer must ensure, in relation to each employee for whom a record is kept under regulation 5.37(1), that when the employment is terminated, the employee receives a written statement setting out the following — 

(a)the name of any carcinogenic substance to which the employee was, or might have been, exposed at the workplace;

(b)the date of each period during which the employee was, or was likely to have been, exposed to a carcinogenic substance at the workplace;

(c)details of how and where the employee can obtain access to records kept under this Part; and

(d)a recommendation that the employee has periodic health assessments, and the type of health assessments that would be appropriate for the employee.

Penalty applicable to subregulations (1) and (2): $25 000.

Division 4 — Further requirements in relation to certain hazardous substances

Subdivision 1 — Asbestos

5.42.Definitions

In this Subdivision unless the contrary intention appears — 

asbestos means the fibrous form of mineral silicates belonging to the serpentine and amphibole groups of rock forming minerals and includes actinolite, amosite (brown asbestos), anthophyllite, crocidolite (blue asbestos), chrysotile (white asbestos), tremolite, or any material containing one or more of those minerals;

asbestos dust means airborne dust consisting of or containing a time‑weighted average fibre concentration of asbestos that is in excess of the exposure standard when measured in accordance with the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Dust [NOHSC: 3003 (1988)];

asbestos removal area means the place where asbestos removal occurs and the area in the immediate vicinity of that place which is required under the Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1988)] to be cordoned off;

asbestos removal site means the region surrounding, and adjacent to, an asbestos removal area;

asbestos removal work means work involving the removal or encapsulation of installed thermal or acoustic insulation materials comprising or containing asbestos;

licensed asbestos removalist means a person licensed under regulation 5.44 to do asbestos removal work.

5.43.Identification and assessment of asbestos hazards at workplaces

Without limiting regulation 3.1 or 5.15, a person who, at a workplace, is an employer, the main contractor, a self‑employed person or the person having control of the workplace must ensure that — 

(a)the presence and location of asbestos at the workplace is identified; and

(b)the process of identification referred to in paragraph (a) and the assessment of risks arising from hazards in relation to asbestos at the workplace are conducted in accordance with the Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC: 3002 (1988)].

Penalty: $25 000.

5.44.Asbestos removalist licences

(1)A person may, in an approved form, apply to the Commissioner to be licensed as an asbestos removalist and the application is to be accompanied by the fee set out in Schedule 6.2A, which is to be refunded if the application is refused.

(2)On an application under subregulation (1) and if the Commissioner is satisfied that the applicant is able to conduct asbestos removal work in a safe and proper manner, the Commissioner may issue to the applicant an asbestos removalist licence.

(3)An asbestos removalist licence may be issued subject to such conditions, if any, as the Commissioner sees fit and endorses on the licence.

(4)An asbestos removalist licence has effect for 2 years from its issue unless it is sooner cancelled or suspended under subregulation (5).

(5)If a licensed asbestos removalist — 

(a)is convicted of an offence against these regulations or the Act; or

(b)in the opinion of the Commissioner — 

(i)breaches a condition of the licence; or

(ii)is unable to comply with a condition of the licence or a provision of these regulations or the Act,

then the Commissioner may, by notice in writing, cancel or suspend the licence.

[Regulation 5.44 amended in Gazette 10 Jun 1997 p. 2670; 9 Jun 1998 p. 3144; 2 Jun 2000 p. 2676; 30 Mar 2001 p. 1783.]

5.45.Asbestos removal work

(1)A person who, at a workplace, is an employer, the main contractor, a self‑employed person or the person having control of the workplace must ensure that any asbestos removal work at the workplace — 

(a)is done by a licensed asbestos removalist; and

(b)is done in accordance with — 

(i)the Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1988)] unless the Commissioner has directed that the work be done in a manner set out in a direction under regulation 5.48(1); and

(ii)the removalist’s licence and each condition (if any) endorsed on the licence.

Penalty: $25 000.

(2)A person doing asbestos removal work at a workplace must maintain the standard of personal hygiene and use such protective equipment as is required by sections 5 and 6 of the Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1988)].

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

5.46.Register

(1)A licensed asbestos removalist — 

(a)on being issued with the licence, must notify the Commissioner of the name, address, and date of birth of every person employed by the licensee to do asbestos removal work; and

(b)within 7 days of the commencement or termination of the employment by the licensee of a person as an asbestos removalist, must notify the Commissioner of the name, address, and date of birth of that person.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

(2)The Commissioner is to establish a register of the details of which the Commissioner is notified under subregulation (1) and is to keep those details for at least 40 years.

5.47.Licence, Code and Guide to be available

A licensed asbestos removalist must ensure that a copy of — 

(a)the licence;

(b)the Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1988)]; and

(c)the Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC: 3002 (1988)],

is available for inspection at each place at which asbestos removal work is done under the authority of the licence and are produced upon reasonable request.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

5.48.Commissioner may give certain directions as to asbestos at workplaces

(1)The Commissioner may issue a written notice to a person who, at a workplace, is an employer, the main contractor, a self‑employed person or the person having control of the workplace, directing the person — 

(a)to conduct tests to ascertain if asbestos is present in the workplace in such manner set out in the direction; or

(b)to cause any installed thermal or acoustic insulation materials comprising or containing asbestos at the workplace to be removed or encapsulated in accordance with the Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC: 3002 (1988)] and the Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1988)] or in such other manner and within such time set out in the direction.

(2)A person must comply with each direction issued to the person under subregulation (1).

Penalty: $25 000.

(3)The Commissioner may give a direction under this regulation whether or not the assessment referred to in regulation 5.43 indicates that the testing or the asbestos removal work needs to be done and the Commissioner is not liable for any costs in relation to the tests or asbestos removal work.

[Regulation 5.48 amended in Gazette 17 Dec 1999 p. 6235.]

5.49.Further duties as to exposure to asbestos dust

(1)A person who, at a workplace that is an asbestos removal area, is an employer, the main contractor, a self‑employed person or the person having control of the workplace must ensure that, as far as is practicable, no person in the asbestos removal site is exposed to asbestos dust.

(2)Without limiting regulation 5.20, a person to whom subregulation (1) applies must ensure that if it is likely that a person in or entering the asbestos removal site may be exposed to asbestos dust then that person is provided with appropriate personal protective clothing or equipment.

(3)A person who, at a workplace, is an employer, the main contractor, a self‑employed person or the person having control of the workplace must ensure that on completion of any asbestos removal work at the workplace the workplace is left in a clean and safe condition either by washing or vacuuming and that any material containing asbestos is not left in such a state that asbestos dust may be dispersed into the atmosphere.

Penalty applicable to subregulations (1), (2) and (3): $25 000.

5.50.Asbestos cement building materials

A person who, at a workplace, is an employer, the main contractor, a self‑employed person or the person having control of the workplace must ensure that — 

(a)any work involving asbestos cement building materials at the workplace is done in accordance with section 9 of the Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1988)]; and

(b)any tool other than — 

(i)a non‑powered hand tool; or

(ii)a portable power tool incorporating dust suppression or dust extraction attachments designed to collect asbestos fibres,

is not used in any work involving asbestos cement building materials at the workplace.

Penalty: $25 000.

[Regulation 5.50 amended in Gazette 17 Dec 1999 p. 6235.]

5.51.Prohibition on use of compressed air and other techniques

A person must not use or cause or permit to be used at a workplace compressed air or other dry brushing, shaking or dry sweeping method in any work involving the use of asbestos or in relation to any equipment or clothing used in the work.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

5.52.Waste asbestos material

A person who, at a workplace at which there is asbestos waste material, is an employer, the main contractor, a self‑employed person or the person having control of the workplace must ensure that the waste material is disposed of in accordance with section 13 of the Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC: 3002 (1988)].

Penalty: $25 000.

[Regulation 5.52 amended in Gazette 17 Dec 1999 p. 6235.]

Subdivision 2 — Lead

5.53.Definitions

In this Subdivision, unless the contrary intention appears — 

atmospheric monitoring means determining the concentration of lead in air;

biological monitoring means determining the amount of lead in a person’s capillary or venous blood and the measurements incidental to that determination;

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

confirmed blood lead level means the concentration of lead in venous whole blood;

damp means sufficiently moist to prevent the escape of dust;

health surveillance has the meaning that it has in regulation 5.1 in relation to the hazardous substance of lead and includes biological monitoring and medical examination, but not atmospheric monitoring;

inorganic lead means lead metal, inorganic lead compounds and lead salts of organic acids;

lead material means material containing metallic lead or an inorganic lead compound in an amount such that the lead content of the anhydrous material is in excess of 5% by weight;

lead process means any process involving — 

(a)the use or handling of lead material;

(b)any work which exposes a person to lead dust in air or lead fumes arising from the manufacture or handling of dry lead compounds;

(c)any work in connection with the manufacture, assembly, handling or repair of, or parts of, electric accumulators which involves the manipulation of dry lead compounds, pasting or casting of lead;

(d)the breaking up or dismantling of lead accumulators and the sorting, packing and handling of plates or other parts containing the lead removed or recovered from accumulators;

(e)spraying with molten lead or alloys containing greater than 5% by weight of lead;

(f)spray painting with paint containing greater than 1% by dry weight of lead;

(g)the storage, manipulation, movement, or other treatment of lead material whether by means of any furnace, melting pot, retort, condensing chamber, flue, or other container;

(h)melting or casting of lead alloys containing greater than 5% by weight of lead;

(i)the cleaning or demolition of any furnace, melting pot, retort, condensing chamber, flue, or container in which lead material has been processed or contained;

(j)recovery of lead from its ores, oxides or other compounds by a thermal reduction process;

(k)using any power tool to dry machine grind, buff or cut lead or alloy containing greater than 5% by weight of lead;

(l)hand grinding and finishing of lead or alloy containing greater than 50% by weight of lead;

(m)using a machine to sand or buff a surface coated with paint containing greater than 1% by dry weight of lead;

(n)the application, for the purposes of welding, cutting or cleaning, of electric arc, oxyacetylene, oxygas, plasma arc or a flame to the surface of any metal which is coated with lead or paint containing greater than 1% by dry weight of lead;

(o)radiator repairs where exposure to lead dust or fumes may occur;

(p)fire assay where lead is used; and

(q)any other process determined by the Commissioner to be a lead process,

where the lead is inorganic lead;

lead‑risk job means a work activity or a series of activities involving inorganic lead, in which the blood lead level of a person might reasonably be expected to be, or is — 

(a)in the case of females of reproductive capacity, at least 20 micrograms per decilitre (µg/dL); and

(b)in any other case, at least 30 micrograms per decilitre (µg/dL);

removal level means a confirmed blood lead level concentration at which, under regulation 5.63, a person is to be transferred from a lead‑risk job to a job which is not a lead‑risk job.

5.54.Lead‑risk job assessment

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that before a person commences work at the workplace, it has been ascertained whether or not the proposed work is a lead‑risk job.

Penalty: $25 000.

5.55.Information for prospective employees

An employer must provide each prospective employee who, if employed, would work in a lead process, information about — 

(a)the health risks and toxic effects associated with lead exposure; and

(b)the need for, and content of, health surveillance.

Penalty: $25 000.

5.56.Health surveillance and counselling

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that individual counselling and health surveillance supervised by an appointed medical practitioner is provided for, and at no cost to, each person who — 

(a)is about to commence work at the workplace in a lead‑risk job; or

(b)works at the workplace in a lead‑risk job.

Penalty: $25 000.

5.57.Assessment of suitability for working in lead‑risk jobs

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must consider a person’s suitability for work in a particular lead‑risk job at the workplace before the person commences the work and during the consideration must take into account, after consultation with the person — 

(a)the person’s medical history and medical condition in relation to health effects associated with exposure to lead;

(b)the removal level applicable to the person; and

(c)the blood lead level which might reasonably be expected if a person works in a particular lead‑risk job.

Penalty: $25 000.

5.58.Induction and training

(1)Before each employee who is likely to be exposed to lead commences work in a lead process, and at least annually after that, the employer must provide to the employee information about and training on — 

(a)the potential health risk and toxic effects associated with lead exposure;

(b)the control measures used to minimise the risk to health and safety;

(c)the correct use of methods used to minimise lead contamination of the workplace and persons at the workplace;

(d)without limiting regulation 3.34, the correct care and use of personal protective equipment; and

(e)the need for, and details of, health surveillance,

with particular attention to the induction and training of any employee to whom regulation 5.63(1)(a), (b) or (c) applies or could apply and to the increased risks to females of reproductive capacity.

(2)The employer must ensure that records are kept of all induction and training undertaken by an employee for the purposes of subregulation (1) for the duration of the employee’s employment.

Penalty applicable to subregulations (1) and (2): $25 000.

5.59.Frequency of biological monitoring

If a person works in a lead‑risk job at a workplace then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that biological monitoring is conducted in relation to the first‑mentioned person at the following times — 

(a)within the first month of the person’s commencing the job;

(b)2 months after the initial monitoring;

(c)6 months after the initial monitoring; and

(d)at such subsequent times as are determined by the appointed medical practitioner who is supervising the person’s health surveillance.

Penalty: $25 000.

5.60.Duties of employers, main contractors and self‑employed persons in relation to work with lead

(1)A person who, at a workplace other than a foundry, is an employer, the main contractor or a self‑employed person must ensure that lead material (other than metallic lead) is not handled or moved at the workplace unless the material is damp.

(2)A person who, at a workplace in which a lead process is conducted, is an employer, the main contractor or a self‑employed person must ensure — 

(a)that protective clothing which has been provided for a person working in a lead process is washed, cleaned or renewed once a week or more frequently where necessary to protect the health or safety of persons at the workplace;

(b)in the case of a workplace other than a construction site, that — 

(i)any area for eating and drinking is air‑locked from any room in which a lead process is conducted and that there is no door or other means of entry directly from such room into the area set aside for eating and drinking;

(ii)basins with hot and cold water are provided in the ratio of one basin to every 5 (or up to 5) persons who work in the lead process; and

(iii)showers are provided for the use of persons who work in the lead process;

and

(c)in the case of a construction site, that running water is available to enable persons who work in the lead process to wash.

Penalty applicable to subregulations (1) and (2): $25 000.

5.61.Duties in relation to working with lead

A person who works in a lead process must — 

(a)not smoke while his or her hands are contaminated with lead material;

(b)before eating or drinking and on ceasing the work, wash his or her face, neck, hands and arms in the wash room or facilities provided for that purpose; and

(c)remove any contaminated clothing or personal protective equipment before entering an area set aside for the consumption of food.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

5.62.Employee to notify if pregnant or breast‑feeding

A female employee who works in a lead‑risk job and who — 

(a)becomes pregnant; or

(b)is breast­‑feeding,

must, as soon as practicable after becoming aware of the pregnancy or commencing the breast‑feeding, as the case may be, notify her employer of the pregnancy or of the fact that she is breast‑feeding.

Penalty: $5 000.

5.63.When person to be removed from lead work

(1)An employer must ensure that an employee is removed from a lead‑risk job to a job that is not a lead‑risk job if — 

(a)the employee’s confirmed blood lead level is at or above — 

(i)in the case of a female of reproductive capacity, 30 micrograms per decilitre (µg/dL); and

(ii)in any other case, 60 micrograms per decilitre (µg/dL);

(b)the employee is pregnant or breast‑feeding; or

(c)the employer or the employee believes that — 

(i)the employee has had an excessive exposure to lead; or

(ii)the employee is experiencing adverse health effects related to lead exposure,

and that the removal takes place as soon as practicable after the employer becomes aware of the relevant event.

(2)An employer who is required to remove an employee from a lead‑risk job under paragraph (a) or (c) of subregulation (1) must also arrange for the employee to be examined by an appointed medical practitioner within 7 days of the removal.

Penalty applicable to subregulations (1) and (2): $25 000.

5.64.Return to lead work after removal

If an employee has been removed from a lead‑risk job under regulation 5.63(1)(a) or (c), the employer must ensure that the employee does not return to any lead‑risk job until the employee has been examined by an appointed medical practitioner (at the cost of the employer) and the medical practitioner has certified the employee as suitable to return to work in a lead‑risk job.

Penalty: $25 000.

5.65.Records in relation to lead

(1)An employer must establish and maintain for each employee who is removed from, or returned to, a lead‑risk job, a record including — 

(a)the employee’s name, sex and date of birth; and

(b)the date of each occasion that the employee was removed from a lead‑risk job together with the blood lead level reached, and the corresponding date on which the employee was returned to a lead‑risk job.

(2)Subject to subregulation (3), an employer to whom subregulation (1) applies must keep the record for the duration of the employee’s employment with the employer and for at least 30 years from the date of the last entry.

(3)If an employer to whom subregulation (1) applies — 

(a)ceases to operate in the State;

(b)satisfies the Commissioner that keeping, or the maintaining of, a record or report is impractical or inappropriate; or

(c)is requested to do so by the Commissioner,

then the employer must give the record to the Commissioner.

Penalty applicable to subregulations (1), (2) and (3): $25 000.

5.66.Commissioner to keep certain records in relation to lead

If the Commissioner is given a record under regulation 5.65(3) then the Commissioner is to ensure that the record is kept for at least 30 years from the date of the last entry on the record.

5.67.Review of decisions concerning lead work

A person who is not satisfied with a decision of an appointed medical practitioner in relation to the exclusion of a person from, the removal from or the return to a lead‑risk job may seek a review by the Commissioner of the decision in accordance with regulation 2.15.

Subdivision 3 — Styrene

5.68.Definition

In this Subdivision — 

lower explosive limit means the minimum concentration of vapour, gas or dust in the atmosphere of a workplace that will propagate a flame.

5.69.Styrene vapour to be minimised

If styrene monomer vapour is present at a workplace, a person who, at the workplace, is an employer, the main contractor or a self‑employed person must reduce, as far as practicable, the amount of styrene monomer vapour that is released into the workplace.

Penalty: $25 000.

5.70.Extracting styrene vapour from atmosphere

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must prevent the lower explosive limit of styrene monomer from being reached in the workplace by ensuring, where it is practicable to do so, that there is in place a mechanical exhaust system arranged so as to — 

(a)prevent re‑entry of the extracted air into the workplace; and

(b)continue to extract air for at least 15 minutes after cessation of any process using styrene monomer.

Penalty: $25 000.

5.71.Emergency egress from workplaces where styrene monomer present

A person who, at a workplace at which styrene monomer is present, is an employer, the main contractor, or a self‑employed person must ensure that there is, in addition to any requirement in the Building Code in relation to exit signs for the building, a self‑illuminating exit sign placed adjacent to the exit door of the workplace at a height of 1.5 metres above the level of the floor.

Penalty: $25 000.

Subdivision 4 — Isocyanates

5.72.Definitions

In this Subdivision — 

curing agent means a chemical substance or energy source that is added to another substance or a process to change the nature of that other substance or the process and in the course of which the chemical substance or energy source is itself changed in character and wholly or partly incorporated into that other substance or process;

isocyanate includes monomeric toluene diisocyanate (TDI), monomeric hexamethylene diisocyanate (HDI), diphenyl methane diisocyanate (MDI), naphthalene diisocyanate (NDI), polymethylene polyphenyl isocyanate (PAPI), isocyanurate or any chemical commonly known as an isocyanate or as a derivative of an isocyanate;

polyhydroxy compound includes any chemical commonly known as a polyhydroxy compound or polyol that reacts with an isocyanate to form polyurethane;

polyurethane manufacturing process means any manufacturing process involving the reaction of an isocyanate or blend of differing isocyanates with a polyhydroxy compound;

promoter means the chemical cobalt naphthenate or any other chemical that assists a catalyst in a polyurethane manufacturing process;

resin means a solid, semi‑solid or liquid organic material which normally has an indefinite and high molecular weight and which is used as a base in a polyurethane manufacturing process.

5.73.Handling and using isocyanates

Whatever the outcome of the assessment process referred to in regulations 3.1 and 3.32 and without limiting Division 3 of Part 3, a person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure — 

(a)that an isocyanate or any substance containing an isocyanate at the workplace is not — 

(i)poured, injected, sprayed or otherwise handled or used in such a way that atomization of such a substance could occur;

(ii)handled or used in a form in which the temperature of such a substance is above 60°C; or

(iii)handled or used in a place that is a confined space within the meaning of regulation 3.82;

and

(b)that no person enters any area of the workplace that is known to be or is suspected of being contaminated with an isocyanate vapour,

unless the person handling or using the isocyanate or substance or entering the area, as the case may be, is wearing or using adequate eye, skin and respiratory protective equipment.

Penalty: $25 000.

5.74.Decanting isocyanates

Whatever the outcome of the assessment process referred to in regulations 3.1 and 3.32 and without limiting Division 3 of Part 3, a person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that a person who decants an isocyanate at the workplace — 

(a)wears or uses adequate eye, skin and respiratory protective equipment for protection against hazards resulting from a spillage;

(b)does not, under any circumstances, apply positive pressure to the isocyanate container; and

(c)does not siphon by the use of the mouth.

Penalty: $25 000.

5.75.Ventilation required if containers heated

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that no container of isocyanate is heated at the workplace unless the space in which the container is located is vented to the external atmosphere.

Penalty: $25 000.

5.76.Decontamination of isocyanate containers and utensils

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that any container or utensil at the workplace that has been used for storing or handling an isocyanate is decontaminated before the container or utensil is re‑used or sold.

Penalty: $25 000.

5.77.Spillage of isocyanates etc.

A person who, at a workplace at which is conducted a process in which an isocyanate is used, is an employer, the main contractor or a self‑employed person must — 

(a)display in a conspicuous place, a statement in relation to the spillage of an isocyanate, a curing agent, a promoter or resin setting out — 

(i)the procedures to be followed by persons at the workplace in the event of a spillage; and

(ii)the decontaminants present at the workplace which are to be used to clean up a spillage;

and

(b)arrange for the contents of every bin containing a mixture of an isocyanate and decontaminant or sawdust or sand obtained after cleaning up a spillage to be disposed of at a sanitary landfill site in accordance with the Health Act 1911.

Penalty: $25 000.

5.78.Workplace requirements

A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure that a polyurethane manufacturing process involving the use of toluene diisocyanate or any blend of isocyanates that has monomeric toluene diisocyanate as a constituent is not conducted at the workplace unless — 

(a)the workplace is divided into separate areas for the following purposes — 

(i)administration and amenities;

(ii)bulk stores for raw materials that are polyhydroxy compounds;

(iii)bulk stores for raw materials that are isocyanates;

(iv)polyurethane manufacture;

(v)curing area;

(vi)bulk store for manufactured foam;

(vii)the making of any product derived from the process;

(b)the areas of the workplace referred to in paragraph (a) —

(i)are each situated in a separate building not less than 6 metres from any other such area; or

(ii)are separated from each other in the same building by walls having a fire resistance level not less than that required under the Building Code in relation to the class of that building;

(c)the areas referred to in paragraph (a)(ii) to (vii) are in a building or buildings having not more than one storey;

(d)each area referred to in paragraph (a)(ii) to (vii) has not less than 2 exits situated so that there is at least one exit within 20 metres of any part of the area;

(e)there is, in addition to any requirement in the Building Code in relation to exit signs for the building, a self‑illuminating exit sign placed adjacent to each exit referred to in paragraph (d) at a height of 1.5 metres above the level of the floor;

(f)there is a fire hydrant within 60 metres of each part of the workplace;

(g)the storage of all isocyanates at the workplace is in accordance with the Explosives and Dangerous Goods (Dangerous Goods Handling and Storage) Regulations 1992; and

(h)polyurethane foam produced from monomeric toluene diisocyanate is placed in the curing area for not less than 6 hours immediately after it is produced so that there is sufficient ventilation to ensure the dispersal of heat and fumes from the curing area.

Penalty: $25 000.

[Regulation 5.78 amended in Gazette 8 Jun 1999 p. 2525.]

Part 6  Certificates of competency

6.1.Interpretation

(1)In this Part, unless the contrary intention appears — 

assessor means a person registered under regulation 6.6 as an assessor;

boiler does not include an “unattended boiler”, as referred to in Schedule C to the national standard;

certificate of competency means a certificate issued in accordance with the national standard, and includes evidence of a satisfactory assessment referred to in clause 5.22 of the national standard;

certificated person means a person who is using or operating industrial equipment and holds a certificate of competency to do so;

industrial equipment means equipment to which the national standard applies;

national standard means the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment [NOHSC: 1006 (2001)];

prescribed work means work to which the national standard applies;

uncertificated person means a person who is performing prescribed work, or using or operating industrial equipment, but does not hold a certificate of competency to do so, and includes a person who is receiving training in accordance with the national standard in the performance of that work or in the use or operation of that equipment.

(2)A reference in this Part to using or operating equipment is to be treated, if the equipment is a boiler, as including a reference to attending and checking the boiler.

[Regulation 6.1 amended in Gazette 8 Mar 2002 p. 998.]

6.2.Application of national standard

(1)The national standard applies in relation to the obtaining and holding of certificates of competency by persons who perform prescribed work, or who use or operate industrial equipment, as if the provisions of the national standard were set out in these regulations and, for the purposes of applying the national standard, a reference in it — 

(a)to the certifying authority, or the authorised officer of the certifying authority, is to be treated as a reference to the Commissioner; and

(b)to a workplace, is to be treated as a reference to a workplace as defined in section 3 of the Act.

(2)A person who applies to the Commissioner in accordance with the national standard for — 

(a)a certificate of competency; or

(b)a replacement for a lost, stolen or destroyed certificate of competency or a certificate issued under regulations repealed by regulation 7.3,

is to include with the application the application fee set out in item 1 or item 2 of Schedule 6.3, as the case requires, which is not refundable if the application is unsuccessful.

[Regulation 6.2 amended in Gazette 17 Dec 1999 p. 6235.]

6.3.Certificate necessary to perform prescribed work or use or operate industrial equipment

(1)Subject to subregulation (2) and regulation 6.4(1), a person must not perform any prescribed work, or use or operate any industrial equipment, unless the person holds a certificate of competency that the person is required by the national standard to hold to perform that work or use or operate that equipment.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

(2)A person who does not hold a certificate of competency — 

(a)may use or operate a materials platform hoist where the vertical travel involved does not exceed 11 metres; or

(b)may use or operate any industrial equipment in the course of its manufacture, maintenance or repair if — 

(i)the equipment is not used or operated outside the bounds of the workplace at which it is being manufactured, maintained or repaired, as the case requires; and

(ii)the equipment is not used or operated under load conditions.

6.4.Uncertificated person under supervision

(1)An uncertificated person may perform prescribed work, or use or operate industrial equipment, if — 

(a)the person is under the supervision of a person who holds a certificate of competency to perform that work, or use or operate that equipment; or

(b)the person is being assessed by an assessor in the performance of that work or the use or operation of that equipment.

(2)A person who holds a certificate of competency to perform prescribed work, or use or operate industrial equipment, as referred to in Schedule A to the national standard, must not supervise more than 4 uncertificated persons at any one time.

(3)A person who holds a certificate of competency to perform prescribed work, or use or operate industrial equipment, as referred to in Schedule B or C to the national standard, must not supervise more than one uncertificated person at any one time.

Penalty applicable to subregulations (2) and (3) for a person who commits the offence as an employee: $5 000.

Penalty applicable to subregulations (2) and (3) in any other case: $25 000.

6.5.Certain industrial equipment not to be left unattended while in use

A certificated person using or operating — 

(a)a crane, a hoist or a concrete placing boom, as referred to in Schedule B to the national standard; or

(b)a boiler, turbine or reciprocating steam engine, as referred to in Schedule C to the national standard,

must not leave the crane, hoist, concrete placing boom, boiler, turbine or reciprocating steam engine, as the case requires, while it is in use or operation unless another certificated person has taken over control of it.

Penalty for a person who commits the offence as an employee: $5 000.

Penalty in any other case: $25 000.

6.6.Registration of person as assessor

(1)A person may, in an approved form, apply to the Commissioner to be registered as an assessor for the purposes of assessing applicants for the categories or classes of certificates of competency set out in the application form.

(2)A person who applies under subregulation (1) is to include with the application the registration fee set out in item 3 of Schedule 6.3, which is not refundable if the application is unsuccessful.

(3)The Commissioner may register a person as an assessor for categories or classes of certificates of competency, whether or not the person is an officer of the department if the Commissioner, having regard to the qualifications in the national standard for a person to be registered as an assessor, is satisfied that the person is qualified to be so registered.

(4)Unless it is sooner suspended or cancelled, a person’s registration as an assessor under this regulation has effect until the expiry of — 

(a)3 years after the person’s registration as an assessor; or

(b)3 years after the last renewal, if the registration has been renewed under regulation 6.8.

6.7.Variation of registration

(1)A person who is registered as an assessor may, in an approved form, apply to the Commissioner — 

(a)for a change to be made to a category or class of certificate of competency for which the assessor is registered; or

(b)for a category or class of certificate of competency to be added to the categories or classes of certificate for which the assessor is registered.

(2)A person who applies under subregulation (1) is to include with the application the application fee set out in item 4 of Schedule 6.3, which is not refundable if the application is unsuccessful.

(3)The Commissioner may change or add to the category or class of certificate of competency for which an assessor is registered if the Commissioner, having regard to the qualifications referred to in regulation 6.6(3), is satisfied that it is appropriate to do so.

(4)A change or addition to a category or class of certificate of competency for which an assessor is registered does not affect the period for which the assessor is registered.

6.8.Renewal of registration as assessor

(1)A person may, in an approved form, apply to the Commissioner for the renewal of the person’s registration as an assessor if the application is made before the expiry of the period for which the registration has effect.

(2)A person who applies under subregulation (1) is to include with the application the application fee set out in item 5 of Schedule 6.3, which is refundable if the application is unsuccessful.

(3)The Commissioner may renew the registration of an assessor if the Commissioner, having regard to the qualifications referred to in regulation 6.6(3), is satisfied that it is appropriate to do so.

6.9.Suspension and cancellation of registration of assessor

If, in the opinion of the Commissioner, an assessor is no longer competent to do the work of an assessor, the Commissioner may, by notice in writing to the assessor — 

(a)suspend the registration of the assessor for any period not greater than 12 months that the Commissioner considers appropriate; or

(b)cancel the registration of the assessor,

as the Commissioner considers appropriate.

Part 7  Repeal, savings and transitional

7.1.Definitions

In this Part, unless the contrary appears — 

classified plant has the meaning that it has in regulation 103 of the repealed regulations and includes plant which, under those regulations, were deemed to comply with those regulations;

commencement means the commencement of these regulations;

designated plant has the meaning that it has in regulation 103 of the repealed regulations;

repealed regulations means the regulations repealed by regulation 7.3.

7.2.Interpretation Act 1984 applies

This Part does not limit the operation of the Interpretation Act 1984.

7.3.Repeal

The Occupational Safety and Health Regulations 1988 are repealed.

7.4.Dealing with audiograms recorded under certain previously repealed regulations

(1)In this regulation — 

audiogram includes a copy of an audiogram recorded under the Noise Abatement (Hearing Conservation in Workplaces) Regulations 1983 and any written details or information including test results or details of a computer code, relating to, identifying or derived from an audiogram so recorded, other than any statistical summary referred to in regulation 27 of those regulations or a copy of such a statistical summary.

(2)Except as provided in subregulation (3), a person must not communicate — 

(a)the contents of, or any information on the contents of, an audiogram recorded under the Noise Abatement (Hearing Conservation in Workplaces) Regulations 1983; or

(b)any information which enables or assists a person to gain access to the contents of or any information on the contents of an audiogram recorded under those regulations.

Penalty: $2 000.

(3)A person may make a communication referred to in subregulation (2) if it is made — 

(a)by, to, or with the written consent of, or at the written request of the person to whom the audiogram relates; or

(b)in accordance with the written approval of the Commissioner.

7.5.Existing accepted plant design deemed to be registered plant design under these regulations

(1)If — 

(a)immediately before the commencement — 

(i)designated plant was of a design which had been accepted by the Commissioner under regulation 603 of the repealed regulations and the design of the plant included such modifications (if any) as had been required by the Commissioner for the acceptance of the design; or

(ii)under the repealed regulations plant was deemed to comply with those regulations,

and

(b)the plant referred to in paragraph (a)(i) or (ii) is also of a kind set out in Schedule 4.1,

then, on the commencement, the design for that plant is to be treated as being registered for the purposes of Division 2 of Part 4.

(2)On the commencement, the identification number which had been assigned to the design for the plant referred to in subregulation (1)(a)(i) or (ii) is to be treated as the design registration number issued under regulation 4.10 for the plant design.

7.6.Unfinished applications for acceptance of plant design deemed to be applications for registration of plant design under these regulations

If — 

(a)a person had applied, before the commencement, for the design of designated plant to be accepted but the application had not been determined to be successful or unsuccessful immediately before the commencement; and

(b)the plant is also of a kind set out in Schedule 4.1,

then, on the commencement, the application is to be treated as an application for the registration of the design of the plant under regulation 4.3.

7.7.Existing classified plant with current certificate of inspection deemed to be registered under these regulations

(1)If, immediately before the commencement, a certificate of inspection was current in respect of any classified plant and that plant is also an individual item of plant of a kind set out in Schedule 4.2 then, on the commencement, the classified plant is to be treated as being a registered item of plant for the purposes of Division 2 of Part 4.

(2)On the commencement — 

(a)the limitations, restrictions or conditions (if any) which had been endorsed on the certificate of inspection relating to an item of classified plant referred to in subregulation (1) are to be treated as conditions imposed under regulation 4.17(1)(b); and

(b)the identification number which had been assigned to an item of classified plant referred to in subregulation (1) is to be treated as the registration number issued under regulation 4.19 for that item.

7.8.Existing “Part B” plant deemed to be registered under these regulations

(1)If, immediately before the commencement, designated plant to which Part B of Schedule 4 of the repealed regulations applied had been inspected in accordance with regulation 603A of the repealed regulations and that plant is also an individual item of plant of a kind set out in Schedule 4.2 then, on the commencement, the plant is to be treated as being a registered item of plant for the purposes of Division 2 of Part 4.

(2)On the commencement the identification number which had been assigned to an item of designated plant referred to in subregulation (1) is to be treated as the registration number issued under regulation 4.19 for that item.

7.9.Certain unfinished applications for certificates of inspection deemed to be applications for registration of items of plant under these regulations

If a person had applied, before the commencement, for the issue of a certificate of inspection in respect of an item of classified plant for which a certificate of inspection had not previously been issued but the application had not been determined to be successful or unsuccessful immediately before the commencement then, on the commencement, the application is to be treated as an application for the registration of the item of plant under regulation 4.15.

7.10.Existing holders of certificates of competency deemed to be certificated under these regulations

If, immediately before the commencement, a person held a certificate of competency — 

(a)within the meaning of regulation 1001(1) of the repealed regulations; or

(b)of a kind referred to in regulation 1107(1) of the repealed regulations,

then, on the commencement, the certificate is to be treated as a certificate of competency for the purposes of Part 6.

7.11.Existing assessors deemed to be assessors under these regulations

If, immediately before the commencement, a person was an assessor within the meaning of regulation 1001(1) of the repealed regulations then, on the commencement, the person is to be treated as an assessor for the purposes of Part 6 in relation to the categories or classes of certificates of competency for which the person was registered as an assessor immediately before commencement.

7.12.Unfinished applications for certificates of competency or for registration as an assessor deemed to be made under these regulations

If a person had applied, before the commencement — 

(a)for a certificate of competency within the meaning of regulation 1001(1) of the repealed regulations; or

(b)to be registered as an assessor within the meaning of regulation 1001(1) of the repealed regulations,

but the application had not been determined to be successful or unsuccessful immediately before the commencement then, on the commencement, the application is to be treated as having been made for the purposes of Part 6.

Schedule 1Australian Standards and Australian/New Zealand Standards

[r. 1.3]

Item

AS or AS/NZS

Number

Title

Regulation Reference

1

AS/NZS 1200:1994

Pressure equipment

4.1, 4.43, Sch. 4.3

 

 

 

 

2

AS/NZS 1269:1998

Occupational noise management

3.45, 3.47

 

AS/NZS 1269.1:1998

Measurement and assessment of noise immission and exposure

 

 

AS/NZS 1269.3:1998

Hearing protector program

 

 

 

 

 

3

AS 1319‑1994

Safety signs for the occupational environment

1.3, 3.11, 3.34, 3.36, 4.1

 

 

 

 

4

AS/NZS 1337:1992

Eye protectors for industrial applications

3.33

 

 

 

 

5

AS/NZS 1338:1992

Filters for eye protectors

3.33

 

AS/NZS 1338.1:1992

Filters for protection against radiation generated in welding and allied operations

 

 

AS/NZS 1338.2:1992

Filters for protection against ultraviolet radiation

 

 

AS/NZS 1338.3:1992

Filters for protection against infrared radiation

 

 

 

 

 

6

AS 1418

Cranes (including hoists and winches)

4.54, Sch. 4.3

 

AS 1418.1‑1994

General requirements

 

 

AS 1418.2‑1997

Serial hoists and winches

 

 

AS 1418.3‑1997

Bridge, gantry and portal cranes (including container cranes)

 

 

AS 1418.4‑1988

Tower cranes

 

 

AS 1418.5‑1995

Mobile and vehicle loading cranes

 

 

AS 1418.6‑1988

Guided storing and retrieving appliances

 

 

AS 1418.7‑1988

Builders’ hoists and equipment

 

 

AS 1418.8‑1989

Special purpose appliances

 

 

AS/NZS 1418.9:1996

Vehicle hoists

 

 

AS 1418.10‑1996

Elevating work platforms

 

 

AS 1418.12‑1991

Crane collector systems

 

 

AS 1418.13‑1996

Building maintenance units

 

 

AS 1418.14‑1996

Requirements for cranes subject to arduous working conditions

 

 

AS 1418.15‑1994

Concrete placing equipment

 

 

AS 1418.16‑1997

Mast climbing work platforms

 

 

AS 1418.17‑1996

Design and construction of workboxes

 

 

 

 

 

7

AS/NZS 1576

Scaffolding

3.67, 3.72, 3.124, Sch. 4.3

 

AS/NZS 1576.1:1995

General requirements

 

 

AS 1576.2‑1991

Couplers and accessories

 

 

AS/NZS 1576.3:1995

Prefabricated and tube‑and‑coupler scaffolding

 

 

AS 1576.3 Supplement 1‑1991

Prefabricated and tube‑and‑coupler scaffolding — Metal tube‑and‑coupler scaffolding — Deemed to comply (Supplement to AS 1576.3‑1991)

 


AS 1576.4‑1991

Suspended scaffolding

 

 

AS/NZS 1576.5:1995

Prefabricated splitheads and trestles

 

 

 

 

 

8

AS 1636‑1996

Agricultural wheeled tractors — Roll‑over protective structures — Criteria and tests

4.44

 

 

 

 

[9

deleted]

 

 

 

 

 

 

10

AS 1674

Safety in welding and allied processes

3.52, 3.96

 

AS 1674.1‑1997

Fire precautions

 

 

AS 1674.2‑1990

Electrical

 

 

 

 

 

11

AS/NZS 1715:1994

Selection, use and maintenance of respiratory protective devices

3.40, 3.42, 3.37

 

 

 

 

12

AS/NZS 1716:1994

Respiratory protective devices

3.40, 3.42

 

 

 

 

13

AS 1735

Lifts, escalators, and moving walks (known as the SAA Lift Code)

4.56, Sch. 4.3

 

AS 1735.1‑1986

General requirements

 

 

AS 1735.2‑1997

Passenger and goods lifts — Electric

 

 

AS 1735.3‑1995

Passenger and goods lifts — Electro‑hydraulic

 

 

AS 1735.4‑1986

Service lifts — Poweroperated

 

 

AS 1735.5‑1996

Escalators

 

 

AS 1735.6(Int)‑1996

Moving walks

 

 

AS 1735.7‑1998

Stairway lifts

 

 

AS 1735.8‑1986

Inclined lifts

 

 

AS 1735.9‑1994

Special purpose industrial lifts

 

 

AS 1735.10(Int)‑1998

Tests

 

 

AS 1735.11‑1986

Fire‑rated landing doors

 

 

AS 1735.12‑1999

Facilities for persons with disabilities

 

 

AS 1735.13‑1986

Lifts for persons with limited mobility — Manually powered

 

 

AS 1735.14‑1998

Low‑rise platforms for passengers

 


AS 1735.15‑1990

Lifts for people with limited mobility — Restricted use — Non‑automatically controlled

 

 

AS 1735.16‑1993

Lifts for persons with limited mobility — Restricted use — Automatically controlled

 

 

AS 1735.17‑1995

Lifts for people with limited mobility — Restricted use — Water‑drive

 

 

 

 

 

14

AS/NZS 1801:1997

Occupational protective helmets

3.33, 3.36

 

 

 

 

15

AS/NZS 1873:1994

Powder‑actuated (PA) hand‑held fastening tools

4.51

 

 

 

 

[16

deleted]

 

 

 

 

 

 

17

AS/NZS 1892

Portable ladders

3.26

 

AS/NZS 1892.1:1996

Metal

 

 

AS 1892.2‑1992

Timber

 

 

AS/NZS 1892.3:1996

Reinforced plastic

 

 

 

 

 

18

AS 2030

The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases (known as the SAA Gas Cylinders Code)

4.1, 4.43, Sch. 4.2, Sch. 4.3

 

AS 2030.1‑1999

Cylinders for compressed gases other than acetylene

 

 

AS 2030.2‑1996

Cylinders for dissolved acetylene

 

 

AS 2030.3‑1982

Non‑refillable cylinders for compressed gases

 

 

AS 2030.4‑1985

Welded cylinders — Insulated

 

 

AS 2030 Supplement 1‑1986

Foreign gas cylinder specifications

 

 

 

 

 

19

AS 2106‑1980

Methods for the determination of the flashpoint of flammable liquids (closed cup)

3.99

 

 

 

 

20

AS/NZS 2161

Occupational protective gloves

3.33

 

AS/NZS 2161.2:1998

General requirements

 

 

AS/NZS 2161.3:1998

Protection against mechanical risks

 

 

AS/NZS 2161.4:1999

Protection against thermal risks (heat and fire)

 

 

AS/NZS 2161.5:1998

Protection against cold

 

 

AS/NZS 2161.7.1:1998

Protection against cuts and stabs by hand knives

 

 

 

 

 

21

AS/NZS 2208: 1996

Safety glazing materials for use in buildings

3.104

 

 

 

 

22

AS/NZS 2210:1994

Occupational protective footwear

3.33

 

AS/NZS 2210.1:1994

Guide to selection care and use

 

 

AS/NZS 2210.2:1994

Specification

 

 

 

 

 

23

AS/NZS 2211

Laser safety

4.49

 

AS/NZS 2211.1:1997

Equipment classification, requirements and user’s guide

 

 

AS/NZS 2211.1 Supplement 1:1999

Equipment classification, requirements and user’s guide — Application guidelines and explanatory notes (Supplement to AS/NZS 2211.1:1997)

 

 

 

 

 

24

AS 2268‑1979

Electrostatic paint and powder spray guns for explosive atmospheres

3.101

 

 

 

 

25

AS 2294‑1997

Earthmoving machinery — Protective structures

4.44, 4.45

 

 

 

 

26

AS/NZS 2299.1:1999

Occupational diving operations — Standard operational practice

3.29

 

AS/NZS 2299.1 Supplement 1:1999

Standard operational practice — AS/NZS 2299 Diving Medical Examination Forms (Supplement to AS/NZS 2299.1:1999)

 

 

 

 

 

[27

deleted]

 

 

 

 

 

 

28

AS/NZS 2359

Powered industrial trucks

4.55

 

 

 

 

29

AS 2375‑1980

Guide to the selection, care and use of clothing for protection against heat and fire

3.33

 

 

 

 

30

AS 2397‑1993

Safe use of lasers in the building and construction industry

4.49

 

 

 

 

[31

deleted]

 

 

 

 

 

 

32

AS 2444‑1995

Portable fire extinguishers and fire blankets — Selection and location

3.9

 

 

 

 

33

AS/NZS 2550

Cranes — Safe use

4.54

 

AS 2550.1‑1993

General requirements

 

 

AS 2550.4‑1994

Tower cranes

 

 

AS 2550.5‑1993

Mobile and vehicle loading cranes

 

 

AS 2550.6‑1995

Guided storing and retrieving appliances

 

 

AS 2550.7‑1996

Builders’ hoists and associated equipment

 

 

AS/NZS 2550.9:1996

Vehicle hoists

 


AS 2550.10‑1994

Elevating work platforms

 

 

AS 2550.13‑1997

Building maintenance units

 

 

AS 2550.15‑1994

Concrete placing equipment

 

 

AS 2550.16‑1997

Mast climbing work platforms

 

 

 

 

 

34

AS 2593‑1995

Boilers — Unattended and limited attendance

4.43

 

 

 

 

35

AS 2601‑1991

The demolition of structures

3.114, 3.116, 3.117, 3.119, 3.120, 3.121

 

 

 

 

36

AS/NZS 2604:1993

Sunscreen products — Evaluation and classification

3.33

 

 

 

 

[37

deleted]

 

 

 

 

 

 

38

AS 2865‑1995

Safe working in a confined space

3.85

 

 

 

 

39

AS 2971‑1987

Serially produced pressure vessels

Sch. 4.2

 

 

 

 

40

AS 2985‑1987

Workplace atmospheres — Method for sampling and gravimetric determination of respirable dust

3.37

 

 

 

 

41

AS 3000‑1991

Electrical installations — Buildings, structures and premises (known as the SAA Wiring Rules)

3.101, 4.27

 

 

 

 

42

AS/NZS 3012:1995

Electrical installations — Construction and demolition sites

3.58, 3.60, 3.61, 3.62, 3.63, 3.64

 

 

 

 

43

AS/NZS 3108:1994

Approval and test specification — Particular requirements for isolating transformers and safety isolating transformers

3.60

 

 

 

 

44

AS/NZS 3509:1996

LP gas fuel vessels for automotive use

Sch. 4.2, Sch. 4.3

 

 

 

 

45

AS 3533‑1997

Amusement rides and devices

4.52, Sch. 4.1, Sch. 4.2, Sch. 4.3

 

 

 

 

46

AS 3640‑1989

Workplace atmospheres — Method for sampling and gravimetric determination of inspirable dust

3.37

 

 

 

 

47

AS 3765‑1990

Clothing for protection against hazardous chemicals

3.33

 

AS 3765.1‑1990

Protection against general or specific chemicals

 

 

AS 3765.2‑1990

Limited protection against specific chemicals

 

 

 

 

 

48

AS/NZS 3788:1996

Pressure equipment — In‑service inspection

4.43

 

 

 

 

49

AS 3850

Tilt‑up concrete and precast concrete elements for use in buildings

3.88

 

AS 3850.1‑1990

Safety requirements

 

 

AS 3850.2‑1990

Guide to design, casting and erection of tilt‑up panels

 

 

AS 3850.3‑1992

Guide to erection of precast concrete members

 

 

 

 

 

50

AS 3873‑1995

Pressure equipment — Operation and maintenance

4.43

 

 

 

 


51

AS 3920.1‑1993

Assurance of product quality — Pressure equipment manufacture

4.3, Sch. 4.3

 

 

 

 

52

AS/NZS 4114:1995

Spray painting booths

3.100

 

AS/NZS 4114.1:1995

Design, construction and testing

 

 

AS/NZS 4114.2:1995

Selection, installation and maintenance

 

 

 

 

 

53

AS 4343‑1999

Pressure equipment — Hazard levels

4.1, Sch. 4.1, Sch. 4.2,
Sch. 4.3

 

 

 

 

54

AS/NZS 4431:1996

Guidelines for safe working on new lift installations in new constructions

4.56

 

 

 

 

55

AS/NZS 4576:1995

Guidelines for scaffolding

3.26

 

 

 

 

 

 

 

 

[Schedule 1 inserted in Gazette 17 Dec 1999 p. 6236‑44; amended in Gazette 30 Mar 2001 p. 1783; 8 Mar 2002 p. 998.]

Schedule 2 — Forms relating to general provisions

Form 1 — Notification of injury

[Regulation 2.4(2)]

Occupational Safety and Health Act 1984

WorkSafe Western Australia Commissioner

PO Box 294INJURY REPORTING TELEPHONES:

WEST PERTH WA 6872(08) 9327 8800

Phone: (08)  9327 8777   Fax: (08)   9321 89731800 198118

Section 1: Employer Details

Employer Name:

 

Date of Injury:

Workplace Name:

 

 

Address:

 

_ _ / _ _ / _ _

 

 

 

 

Suburb/Town:

 

 

Postcode:

 

 

Phone Number:

Time of injury:

 

Fax Number:

_ _ : _ _ am

 

WorkCover Number:

_ _ : _ _ pm

 

Address of workplace

 

where injury occurred:

 

 

Suburb/Town:

Postcode:

Phone Number:

 

 

Fax Number:

 

 

Type of workplace

 

where injury occurred:

 

(eg. construction site, panel

beating shop, etc)

Section 2: Details of injured person

Surname:

 

Estimated time

Given Names:

 

person is unable to

Occupation:

 

work: _ _ _ days

 

Date of Birth: _ _ / _ _ / _ _ Age: _ _ _

 

 

Sex: Male: o Female: o

 

Section 3: Injury Details

Nature of injury:

 

Brief description of how injury occurred:

 

 

 

 

 

 

 

 

Place injured person removed to:

 

 

 

Name of person reporting accident:

 

Position:

 

Phone Number:

 

 

 

Person for liaison:

 

Phone Number:

 

 

OFFICE USE ONLY:

o Nat.

Person receiving report: . . . .. . . . . . . . . . . . . . . . . . . . o Loc.

o Ag.

Date: _ _ / _ _ / _ _ Time: . . . . . . . . . . . . o Type

 

Form 2 — Notification of Disease

[Regulation 2.5(2)]

Occupational Safety and Health Act 1984

WorkSafe Western Australia Commissioner

PO Box 294DISEASE REPORTING TELEPHONES:

WEST PERTH WA 6872(08) 9327 8800

Phone: (08) 9327 8777 Fax: (08) 9321 89731800 198118

Section 1: Employer Details

Employer Name:

 

Workplace Name:

 

Address:

 

 

 

 

Suburb/Town:

Postcode:

Phone Number:

 

WorkCover Number:

Fax Number:

 

 

Section 2: Details of person affected

Surname:

 

Given Names:

 

Occupation:

 

 

Date of Birth: _ _ / _ _ / _ _Age: _ _ _ _

 

Sex:Male: o Female: o

Section 3: Diagnosis Details

Name of Disease:

 

Date of Diagnosis:

 

Name of Medical Practitioner:

 

Address:

 

 

 

 

Suburb/Town:

Postcode:

Phone Number:

 

 

Fax Number:

 

 

Section 4: Description of work done by affected person.

 

 

 

 

Section 5:

Name of person reporting disease:

 

Position:

 

Phone Number:

 

 

 

Person for liaison:

 

Phone Number:

 

Form 3 — Notification of election as safety and health representative

[Regulation 2.7]

Occupational Safety and Health Act 1984

WorkSafe Western Australia Commissioner

PO Box 294

WEST PERTH WA 6872

Phone: (08) 9327 8777 Fax: (08) 9321 8973

Section 1: Safety and Health Representative Details

Surname:

 

Given Names:

 

Workplace Name:

 

Workplace Address:

 

 

 

 

Suburb/Town Postcode

 

Occupation:

 

Occupational category1

 

Industry subgroup2

 

 

Sex:Male: oFemale: o

Years doing current work or work of a similar nature:o

Years Employed by Current Employer:o

 

What area of, or group at,

 

the workplace do you

 

represent?

 

Is this the first time you have been elected as a Safety and Health Representative (or Health and Safety Representative)?

Yes: oNo: o

Have you attended an Introductory Training Course for Safety and Health Representatives?

Yes: oNo: o

Section 2: Employer Details

Employer Name:

 

Business Address:

 

 

 

 

 

 

Suburb/Town Postcode

 

Phone Number Fax Number

 

_________________________________________________. . . . . . / . . . . . . . / . . . . . .

Signature of Elected Safety and Health RepresentativeDay Month Year

Section 3: Election Details

Details to be completed by person conducting election:

Date of Election . . . . . . / . . . . . . / . . . . . .

Day MonthYear

 

 

______________________________________.........................................

Signature DayMonthYear

 

1 The following are occupational categories —

Managers and Administrators

Including School Principals, Directors, Mine Managers, Farm Managers, Managing Supervisors, Commissioned Police Officers, Chief Executives, Trade Union Secretaries

Professionals

Including Chemists, Teachers, Architects, Accountants, Engineers, Geologists, Metallurgists, Journalists, Actors, Librarians, Public Relations Officers

Para‑Professionals

Including Technicians, Registered Nurses, Police Officers, Pilots, Ships Captains, Welfare Officers, Safety Inspectors, Prison Officers

Tradespersons

Including Fitters, Welders, Tilers, Hairdressers, Chefs, Tailors, Mechanics, Gardeners, Apprentices

Clerks

Including Typists, Secretaries, Messengers, Computer Operators, Bookkeepers, Telephonists, Teachers Aids, Law Clerks

Salespersons and Personal Service Workers

Including Travel Agents, Enrolled Nurses, Dental Nurses, Waiters, Insurance Brokers, Sales Representatives, Tellers, Cashiers, Beauty Therapists

Plant and Machine Operators

Including Bus Drivers, Fork Lift Drivers, Crane Operators, Press Operators, Processing Machine Operators, Treatment Plant Operators, Mining Equipment Operators

Labourers and Related Workers

Including Trades Assistants, Factory Hands, Cleaners, Farm Hands, Meat Process Workers, Scaffolders, Riggers, Security Officers, Fishing Workers, Deckhands, Labourers, Miners

2 The following are industry subgroups —

AGRICULTURE, FORESTRY, FISHING

Agriculture

Services to agriculture; hunting and trapping

Forestry and logging

Commercial fishing

MINING

Coal mining

Oil and gas extraction

Metal ore mining

Other mining

Services to mining

MANUFACTURING

Food, beverages and tobacco manufacturing

Textile, clothing, footwear and leather manufacturing

Wood and paper product manufacturing

Printing, publishing and recorded media

Petroleum, coal, chemical, associated product manufacturing

Non‑metallic mineral product manufacturing

Metal product manufacturing

Machinery and equipment manufacturing

Other manufacturing

ELECTRICITY, GAS AND WATER SUPPLY

Electricity and gas supply

Water supply, sewerage and drainage services

CONSTRUCTION

General construction

Construction trades services

WHOLESALE TRADE

Basic material wholesaling

Machinery and equipment wholesaling

Personal and household goods wholesaling

RETAIL TRADE

Supermarket and grocery stores

Personal and household goods retailing

Motor vehicle retailing and services

ACCOMMODATION, CAFES AND RESTAURANTS

Accommodation, cafes and restaurants

TRANSPORT AND STORAGE

Road transport

Rail transport

Water transport

Air and Space transport

Other transport

Services to transport

Storage

COMMUNICATION SERVICES

Communication services

FINANCE AND INSURANCE

Finance

Insurance

Services to finance and insurance

PROPERTYAND BUSINESS SERVICES

Property services

Business services

GOVERNMENT ADMINISTRATION

Government administration

EDUCATION

Education

HEALTH AND COMMUNITY SERVICES

Health services

Community services

CULTURAL AND RECREATION SERVICES

Motion picture, radio and television services

Libraries, museums and the arts

Sport and recreation

PERSONAL AND OTHER SERVICES

Personal services

Other services

Private household employing staff

Form 4 — Reference of improvement notice for review

[Regulation 2.8(1)]

Occupational Safety and Health Act 1984 section 51

WorkSafe Western Australia Commissioner

PO Box 294

WEST PERTH WA 6872

Phone: (08) 9327 8777

Fax: (08) 9321 8973

Take notice that I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(print name of person referring notice for review)

refer improvement notice number o o o o o o

issued by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(inspector)

on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to you for review.

(date notice was issued)

The improvement notice relates to the workplace at:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(address)

of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(employer)

The notice is to be complied with before . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(compliance date on improvement notice)

I request the review on the following grounds:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of person referring notice for review:

 

Date:

NOTE:A reference of an improvement notice for review must be made to the Commissioner within the time specified in the notice as the time before which the notice is required to be complied with [section 51(2)(a) of the Act].

Form 5 — Reference of prohibition notice for review

[Regulation 2.8(2)]

Occupational Safety and Health Act 1984 section 51

WorkSafe Western Australia Commissioner

PO Box 294

WEST PERTH WA 6872

Phone: (08) 9327 8777

Fax: (08) 9321 8973

Take notice that I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(print name of person referring notice for review)

refer prohibition notice number o o o o o o

issued by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(inspector)

on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to you for review.

(date notice was issued)

The prohibition notice relates to the workplace at:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(address)

of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(employer)

Activity prohibited: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I request the review on the following grounds:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of person referring notice for review:

 

Date:

NOTE:A reference of a prohibition notice for review must be made to the Commissioner within 7 days of the issue of the notice or such further time as may be allowed by the Commissioner [section 51(2)(b) of the Act].

Form 6 — Reference to safety and health magistrate for review of decision

[Regulations 2.8(3) and 2.16(2)]

Occupational Safety and Health Act 1984

 

OFFICE USE ONLY

IN THE LOCAL COURT OF WA

SITTING AT . . . . . . . . . . . . . . . . . . . . . . . . . . .

PLAINT No. . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

TO

THE SAFETY AND HEALTH MAGISTRATE SITTING AT THE LOCAL COURT AT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

 

 

APPLICANT

TAKE NOTICE THAT I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Full name)

OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Phone no.)

 

 

 

 

TYPE

OF

APPLICATION

 

HEREBY REFER FOR REVIEW

 

oA decision of the WorkSafe Western Australia Commissioner

made on . . . . . . . . . . /. . . . . . . . . . /. . . . . . . . . .

oOther matter (Provide details)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

 

 

 

THE DECISION/MATTER RELATES TO THE WORKPLACE AT

 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Address of Workplace)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Name of Employer)

 

SECTION OF

ACT OR

AND CONCERNS

REGULATION

SECTION/REGULATION No.

 

 

 

 

 

GROUNDS

OF

APPLICATION

AND I REQUEST THE REVIEW ON THE FOLLOWING GROUNDS

 

 

 

 

 

 

 

 

SIGNATURE OF

APPLICANT

AND DATE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Signature of person calling for review)

. . . . . . . . . /. . . . . . . . . /. . . . . . . . .(Date of Application)

[Schedule 2 amended in Gazette 8 Mar 2002 p. 998‑1002; 7 Jun 2002 p. 2735‑6.]

Schedule 3.1 — Guidelines and forms of guidance to be available for access by persons working at workplaces

[Regulation 3.2(e)]

Date of publication in Gazette

Title

30 July 1996

The General Duty of Care in Western Australian Workplaces

30 July 1996

Election of Safety and Health Representatives, Representatives and Committees and Resolution of Issues

30 July 1996

Guidance Note for the Assessment of Health Risks Arising from the Use of Hazardous Substances in the Workplace

[NOHSC: 3017 (1994)]

30 July 1996

Guidance Note for the Control of Workplace Hazardous Substances in the Retail Sector [NOHSC: 3018 (1994)]

30 July 1996

Guidance Note on the Interpretation of Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 3008 (1995)]

30 July 1996

National Guidelines for Occupational Health and Safety Competency Standards for the Operation of Loadshifting Equipment and Other Types of Specified Equipment [NOHSC: 7019 (1992)]

30 July 1996

Plant Design: A Guide to Risk Management for Designers, Manufacturers, Importers, Suppliers and Installers of Plant (National Occupational Health and Safety Commission)

30 July 1996

Plant in the Workplace: A Guide to Managing Risks from Plant in the Workplace for Employers and Employees (National Occupational Health and Safety Commission)

Schedule 3.2 — Toxic paint substances

[Regulation 3.99]

Division 1 — Solid components

1.All chromates and dichromates contained in such quantity that chromium in these forms, calculated as a percentage of the dried material, exceeds 0.1% by weight.

2.Antimony and compounds of antimony contained in such quantity that antimony, calculated as a percentage of the dried material, exceeds 5% by weight.

3.Arsenic and compounds of arsenic contained in such quantity that arsenic, calculated as a percentage of the dried material, exceeds 0.1% by weight.

4.Barium and compounds of barium (except barium sulphate and barium metaborate) contained in such quantity that barium, calculated as a percentage of the dried material, exceeds 5% by weight.

5.Cadmium and compounds of cadmium contained in such quantity that cadmium, calculated as a percentage of the dried material, exceeds 0.1% by weight.

6.Lead and compounds of lead contained in such quantity that lead, calculated as a percentage of the dried material, exceeds 1% by weight.

7.Mercury and compounds of mercury contained in such quantity that mercury, calculated as a percentage of the dried material, exceeds 0.1% by weight.

8.Selenium and compounds of selenium contained in such quantity that selenium, calculated as a percentage of the dried material, exceeds 0.1% by weight.

9.Crystalline silica contained in such quantity that silicon dioxide, calculated as a percentage of the dried material, exceeds 2% by weight.

Division 2 — Solvent components

1.Benzene in a quantity that, calculated as a percentage of the material in which it is contained, exceeds 1.5% by volume.

2.Chlorinated hydrocarbons in a quantity that, calculated as a percentage of the material in which they are contained, exceeds 5% by weight.

3.Methanol in a quantity that, calculated as a percentage of the material in which it is contained, exceeds 1% by weight.

4.Nitrobenzene in a quantity that, calculated as a percentage of the material in which it is contained, exceeds 1% by weight.

5.Pyridine in a quantity that, calculated as a percentage of the material in which it is contained, exceeds 2% by weight.

Division 3 — Curing agents

1.Accelerators, promoters and catalysts (excluding driers).

2.Formaldehyde in a quantity that, calculated as a percentage of the material in which it is contained, exceeds 0.2% by weight.

3.Oxalic acid in a quantity that, calculated as a percentage of the material in which it is contained, exceeds 5% by weight.

4.Raw epoxide resins.

5.Uncombined organic isocyanates (as NCO) in a quantity that, calculated as a percentage of the material in which they are contained, exceeds, or may exceed upon normal storage, 0.5% by weight.

Schedule 4.1 — Kinds of plant requiring registration of the design and alterations to design

[Regulations 4.2, 4.3(1) and 4.12]

Amusement structures within the scope of AS 3533 other than Class 1 devices

Boom‑type elevating work platforms

Bridge cranes with a safe working load greater than 10 tonnes, or which are designed to handle molten metal or dangerous goods

Building maintenance units

Gantry cranes with a safe working load greater than 5 tonnes, or which are designed to handle molten metal or dangerous goods

Gas cylinders

Hoists, other than elevating work platforms, that have a platform movement in excess of 2.4 metres and which are designed to lift people

Lifts

Mast climbing work platforms

Mobile cranes, other than tow trucks, with a safe working load greater than 10 tonnes

Pre‑fabricated scaffolding systems

Pressure equipment categorized as hazard level A, B, C or D according to the criteria set out in AS 4343, but not pressure piping

Tower cranes

Vehicle hoists which, in order to work, require the supply of energy of a kind other than, or in addition to, the energy supplied by the exertion of the body of a human or an animal

Work boxes

[Schedule 4.1 amended in Gazette 17 Dec 1999 p. 6244; 8 Mar 2002 p. 1002; 7 Jun 2002 p. 2738.]

Schedule 4.2 — Individual items of plant to be registered

[Regulations 4.14, 4.15 and 4.34(2)]

Amusement structures within the scope of AS 3533 other than Class 1 devices

Boilers categorized as hazard level A, B or C according to the criteria set out in AS 4343

Building maintenance units

Lifts

Mobile cranes, other than tow trucks, with a safe working load greater than 10 tonnes

Pressure vessels categorized as hazard level A, B or C according to the criteria set out in AS 4343, but not — 

(a)gas cylinders to which AS 2030 applies;

(b)LP gas fuel vessels for automotive use to which AS 3509 applies; and

(c)serially produced vessels to which AS 2971 applies

Tower cranes

Truck‑mounted concrete placing units with booms

[Schedule 4.2 amended in Gazette 17 Dec 1999 p. 6244; 8 Mar 2002 p. 1003; 7 Jun 2002 p. 2738.]

Schedule 4.3 — Standards relating to design and other requirements in relation to certain plant

[Regulations 4.3(2)(c), 4.23(3)(b) and 4.28(c)(i), 4.33(2)(b)]

Standard

Plant

AS/NZS 1200

Pressure equipment (known as SAA Boiler Code)

AS 1418

Cranes (including hoists and winches) (known as SAA Crane Code)

AS/NZS 1576

Scaffolding

AS 1735

Lifts, escalators and moving walks (known as SAA Lift Code)

AS 2030

The approval, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases (known as SAA Gas Cylinders Code)

AS 3509

LP gas fuel vessels for automotive use

AS 3533

Amusement rides and devices

AS 3920.1

Assurance of product quality — Pressure equipment manufacture

AS 4343

Pressure equipment — Hazard levels

[Schedule 4.3 amended in Gazette 17 Dec 1999 p. 6244.]

Schedule 5.1 — Description of ingredients

[Regulation 5.1]

Type I ingredients

A type I ingredient is an ingredient which is present in a quantity which exceeds the lowest relevant concentration cut‑off level specified for the hazards classification in the Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1994)] and — 

(a)is described in the Approved Criteria for Classifying Hazardous Substances as carcinogenic, mutagenic, teratogenic, a skin or respiratory sensitiser, corrosive or very corrosive, toxic or very toxic, a harmful substance which can cause irreversible effects after acute exposure, or a harmful substance which can cause serious damage to health after repeated or prolonged exposure; or

(b)has an exposure standard listed in the National Exposure Standards [NOHSC: 1003 (1995)].

Type II ingredients

A type II ingredient is an ingredient which is present in a quantity which exceeds the lowest relevant concentration cut‑off level specified for the hazard classification in the Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1994)] and is described in the Approved Criteria for Classifying Hazardous Substances as a harmful substance, but which does not meet the criteria for a type I ingredient.

Type III ingredients

A type III ingredient is an ingredient which does not meet the criteria for either a type I ingredient or a type II ingredient.

Schedule 5.2 — Hazardous substances prohibited for specified uses or methods of handling

[Regulation 5.14]

Hazardous Substance

Prohibited use or handling

Column 1

Column 2

 

 

Any substance that consists of or contains asbestos

Application by spraying or installation as insulation

 

 

Any material that consists of or contains asbestos

High pressure cleaning of any such material

 

 

Installed insulation that consists of or contains asbestos

Sealing of such insulation

 

 

A substance that consists of or contains crystalline silicon dioxide

As an abrasive material in abrasive blasting except where less than 2% dry weight of crystalline silicon dioxide is present as a contaminant

 

 

A recycled material that has not been treated to remove respirable dust

As an abrasive material in dry abrasive blasting

 

 

A substance capable of causing harm to the upper respiratory tract of a person

As an abrasive material in dry abrasive blasting

 

 

Any substance that contains more than — 

0.1% antimony

0.1% arsenic

0.1% beryllium

0.1% cadmium

0.5% chromium

0.5% cobalt

0.1% lead

0.5% nickel

1.0% tin

As an abrasive material in abrasive blasting

 

 

Any substance that contains chromate, nitrate or nitrite

As a wet abrasive blasting inhibitor in wet abrasive blasting

Polychlorinated biphenyls (PCBs)

All uses and handling except for bona fide research or analysis, handling for storage awaiting disposal, handling for removal and disposal, handling for repairs*, and when contained in existing electrical equipment and construction materials

* “Repairs in relation to PCBs includes — 

(a)the controlled removal of PCBs from a piece of equipment to undertake repairs followed by the replacement of PCBs with non‑PCB fluid and then the separate disposal of the PCBs;

(b)the clean‑up and disposal of PCBs that have spilled, leaked or otherwise escaped from the containment;

(c)the clean‑up and disposal of materials contaminated with PCBs during a process referred to in paragraph (a) or (b),

but does not include the return of spilled PCBs back into the container from which there was an uncontrolled loss of containment, or into any other container except if placed in that container for disposal.

Schedule 5.3 — Hazardous substances for which health surveillance is required

[Regulation 5.23(1)]

Hazardous Substance

Type of Health Surveillance

 

 

acrylonitrile

·Demography, occupational and medical history and health advice.

·Physical examination if indicated.

·Records of personal exposure.

 

 

inorganic arsenic

·Demography, occupational and medical history and health advice.

·Physical examination with emphasis on the peripheral nervous system and skin.

·Urinary total arsenic.

·Records of personal exposure.

 

 

asbestos

·Demography, occupational and medical history and health advice.

·Physical examination if indicated.

·Records of personal exposure.

 

 

benzene

·Demography, occupational and medical history and health advice.

·Baseline blood sample for haematological profile.

·Records of personal exposure.

 

 

cadmium

·Demography, occupational and medical history.

·Health advice, including counselling on additional cadmium burden from smoking.

·Physical examination with emphasis on the respiratory system.

·Completion of a standardized respiratory questionnaire.

·Standardized respiratory function tests such as FEV1, FVC and FEV1/FVC.

·Urinary cadmium and β2‑microglobulin.

·Records of personal exposure.

 

 

inorganic chromium

·Demography, occupational and medical history and health advice.

·Physical examination with emphasis on the respiratory system and skin.

·Weekly skin inspection of hands and forearms by a responsible person.

 

 

creosote

·Demography, occupational and medical history.

·Health advice, including recognition of photosensitivity and skin changes.

·Physical examination with emphasis on the neurological system and skin, noting any abnormal lesions, and evidence of skin sensitisation.

·Records of personal exposure, including photosensitivity.

 

 

isocyanates

·Demography, occupational and medical history and health advice.

·Completion of a standardized respiratory questionnaire.

·Physical examination of the respiratory system and skin.

·Standardized respiratory function tests such as FEV1, FVC and FEV1/FVC.

 

 

inorganic mercury

·Demography, occupational and medical history and health advice.

·Physical examination with emphasis on neurological, renal and gastrointestinal systems and skin.

·Urinary inorganic mercury.

 

 

4,4’‑ methylene bis 
2‑ chloroaniline (MOCA)

·Demography, occupational and medical history and health advice.

·Urinary total MOCA.

·Dipstick analysis of urine for haematuria.

·Urine cytology.

 

 

organophosphate pesticides

·Demography, occupational and medical history and health advice.

·Physical examination.

·Baseline estimation of red cell and plasma cholinesterase activity levels by the Ellman method. Estimation of red cell and plasma cholinesterase activity towards the end of the working day.

 

 

pentachlorophenol (PCP)

·Demography, occupational and medical history and health advice.

·Physical examination with emphasis on skin, noting any abnormal lesions or effects of irritancy.

·Urinary total pentacholorophenol.

·Dipstick urinanalysis for haematuria and proteinuria.

·Records of personal exposure.

 

 

polycyclic aromatic
hydrocarbons (PAH)

·Demography, occupational and medical history.

·Health advice, including recognition of photosensitivity and skin changes.

·Physical examination if indicated.

·Records of personal exposure, including photosensitivity.

 

 

crystalline silica

·Demography, occupational and medical history and health advice.

·Completion of a standardized respiratory questionnaire.

·Standardized respiratory function tests such as FEV1, FVC and FEV1/FVC.

·Chest X‑ray, full size PA view.

·Records of personal exposure.

 

 

thallium

·Demography, occupational and medical history and health advice.

·Physical examination if indicated.

·Urinary thallium.

 

 

vinyl chloride

·Demography, occupational and medical history and health advice.

·Physical examination if indicated.

·Records of personal exposure.

 

Schedule 5.4 — Carcinogenic substances to be used only for bona fide research

[Regulation 5.28]

Note: The number in square brackets is the substance’s chemical abstract number.

2‑Acetylaminofluorene [53‑96‑3]

Aflatoxins

4‑Aminodiphenyl [92‑67‑1]

Amosite [12172‑73‑5] (brown asbestos)

except for removal and disposal purposes and

except for situations where amosite occurs naturally and is not used for any new application

Crocidolite [12001‑28‑4] (blue asbestos)

except for removal and disposal purposes and

except for situations where crocidolite occurs naturally and is not used for any new application

Benzidine [92‑87‑5] and its salts (including benzidine dihydrochloride

[531‑85‑1])

bis(chloromethyl) ether [542‑88‑1]

Chloromethyl methyl ether [107‑30‑2] (technical grade containing bis(chloromethyl) ether)

4‑Dimethylaminoazobenzene [60‑11‑7]

2‑Naphthylamine [91‑59‑8] and its salts

4‑Nitrodiphenyl [92‑93‑3]

Schedule 5.5 — Carcinogenic substances to be used only for purposes approved by the Commissioner

[Regulation 5.28]

Note: The substance’s chemical abstract number appears in square brackets.

Acrylonitrile [107‑13‑1]

Benzene [71‑43‑2] when used as a feedstock and containing more than 50% of benzene by volume

Chrysotile [12001‑29‑5] (white asbestos) when used for the manufacture of asbestos products

Cyclophosphamide [50‑18‑0] (cytotoxic drug) when used in preparation for therapeutic use in hospitals and oncological treatment facilities and in manufacturing operations

3,3‑Dichlorobenzidine [91‑94‑1] and its salts (including 3,3‑dichlorobenzidine dihydrochloride [612‑83‑9]

Diethyl sulfate [64‑67‑5]

Dimethyl sulfate [77‑78‑1]

Ethylene dibromide [106‑93‑4] when used as a fumigant

4,4’‑Methylene bis(2‑chloroaniline) [101‑14‑4]‑MOCA

Beta‑Propiolactone [57‑57‑8] (2‑propiolactone)

o‑Toluidine [95‑53‑4] and o‑Toluidine hydrochloride [636‑21‑5]

Vinyl chloride monomer [75‑01‑4]

Schedule 6.1 — Rate payable for assessments and tests

[Regulations 4.5, 4.8, 4.9(b) and 4.18.]

The rate payable for — 

(a)the provision of a design verification statement;

(b)an assessment for the purposes of regulation 4.8 and regulation 4.18; and

(c)the witnessing of a test specified under regulation 4.7(1)(c)(ii),

is $23.75 for every quarter hour it takes to prepare the statement or in which the assessment is conducted or the test is witnessed.

[Schedule 6.1 amended in Gazette 10 Jun 1997 p. 2671; 9 Jun 1998 p. 3144; 2 Jun 2000 p. 2677; 13 Jul 2001 p. 3477; 21 May 2002 p. 2595.]

Schedule 6.1A — Fees under Part 3 Division 9

[r. 3.116.]

1.

Application for class 1 demolition work licence (reg. 3.116(1))

 

$3 095

2.

Application for class 2 demolition work licence (reg. 3.116(1))

 

$2 052

3.

Application for class 3 demolition work licence (reg. 3.116(1))

 

$1 026

[Schedule 6.1A inserted in Gazette 30 Mar 2001 p. 1783; amended in Gazette 21 May 2002 p. 2595.]

Schedule 6.2 — Fees under Part 4 Division 2

[Regulations 4.3(2)(e) and 4.15(2)(d)]

1.

Application for registration of plant design (reg. 4.3(2)(e))

 

$61.00

2.

Application for registration or re‑registration of an individual item of plant (reg. 4.15(2)(d))

 

$61.00

[Schedule 6.2 amended in Gazette 10 Jun 1997 p. 2671; 2 Jun 2000 p. 2677; 13 Jul 2001 p. 3477; 21 May 2002 p. 2596.]

Schedule 6.2AFees under Part 5 Division 4

[r. 5.44.]

1.

Application for asbestos removalist licence (reg. 5.44(1))

$3 172

[Schedule 6.2A inserted in Gazette 30 Mar 2001 p. 1783; amended in Gazette 13 Jul 2001 p. 3477; 21 May 2002 p. 2596.]

Schedule 6.3 — Fees under Part 6

1.

Application for certificate of competency (reg. 6.2(2)(a))

$61.00

2.

Application for replacement certificate of competency (reg. 6.2(2)(b))

 

$32.00

3.

Application to be registered as an assessor (reg. 6.6(2))

$732.00

4.

Application for variation of registration as an assessor — for each category or class (reg. 6.7(2))

 

$122.00

5.

Application for renewal of registration as an assessor (reg. 6.8(2))

 

$366.00

[Schedule 6.3 amended in Gazette 10 Jun 1997 p. 2671; 9 Jun 1998 p. 3144‑5; 2 Jun 2000 p. 2677; 13 Jul 2001 p. 3477; 21 May 2002 p. 2596.]

dline

 

Notes

1This reprint is a compilation as at 19 July 2002 of the Occupational Safety and Health Regulations 1996 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any previous reprint.

Compilation table

Citation

Gazettal

Commencement

Occupational Safety and Health Regulations 1996

27 Sep 1996 p. 4837‑5080

1 Oct 1996 (see r. 1.2)

Occupational Safety and Health Amendment Regulations 1997

10 Jun 1997 p. 2670‑1

1 Jul 1997 (see r. 2)

Occupational Safety and Health Amendment Regulations (No. 2) 1997

22 Jul 1997 p. 3839‑41

29 Mar 1999 (see r. 2 and Gazette 17 Jul 1998 p. 3804 and 31 Dec 1998 p. 7405)

Occupational Safety and Health Amendment Regulations (No. 3) 1997

12 Sep 1997 p. 5176‑8

12 Sep 1997

Occupational Safety and Health Amendment Regulations 1998

6 Feb 1998 p. 665

6 Feb 1998

Occupational Safety and Health Amendment Regulations (No. 3) 1998

9 Jun 1998 p. 3144‑5

1 Jul 1998 (see r. 2)

Occupational Safety and Health Amendment Regulations (No. 2) 1999

26 Mar 1999 p. 1281‑4

29 Mar 1999 (see r. 2 and Gazette 31 Dec 1998 p. 7405)

Occupational Safety and Health Amendment Regulations 1999

8 Jun 1999 p. 2525‑6

9 Jun 1999 (see r. 2 and Gazette 8 Jun 1999 p. 2469)

Reprint of the Occupational Safety and Health Regulations 1996 as at 15 Oct 1999
(includes amendments listed above)

Occupational Safety and Health Amendment Regulations (No. 3) 1999

17 Dec 1999 p. 6228‑44

1 Jan 2000 (see r. 2)

Occupational Safety and Health Amendment Regulations 2000

2 Jun 2000 p. 2676‑7

1 Jul 2000 (see r. 2)

Occupational Safety and Health Amendment Regulations 2001

30 Mar 2001 p. 1767‑83

1 Jul 2001 (see r. 2)

Occupational Safety and Health Amendment Regulations (No. 2) 2001

13 Jul 2001 p. 3476‑7

13 Jul 2001

Occupational Safety and Health Amendment Regulations (No. 2) 2002

8 Mar 2002 p. 959‑1003

1 Jul 2002 (see r. 2)

Occupational Safety and Health Amendment Regulations (No. 3) 2002

21 May 2002 p. 2595‑6

1 Jul 2002 (see r. 2)

Occupational Safety and Health Amendment Regulations 2002

7 Jun 2002 p. 2733‑6

7 Jun 2002

Occupational Safety and Health Amendment Regulations (No. 4) 2002

7 Jun 2002 p. 2736‑8

1 Jul 2002 (see r. 2 and Gazette 8 Mar 2002 p. 961)

Occupational Safety and Health Amendment Regulations (No. 5) 2002

28 Jun 2002 p. 3121

1 Jul 2002 (see r. 2 and Gazette 8 Mar 2002 p. 961)

2The Standards Association of Australia has changed its corporate status and its name. It is now Standards Australia International Limited (ACN 087 326 690). It also trades as Standards Australia.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

abrasive blasting1.3, 3.102

abrasive material1.3, 3.102

allied process1.3, 3.94

alter4.1

amusement structure4.1

anchorage3.48

appointed medical practitioner5.1(1)

approved1.3

article5.1(1)

AS1.3

AS/NZS1.3

asbestos1.3, 5.42

asbestos dust5.42

asbestos removal area5.42

asbestos removal site5.42

asbestos removal work5.42

assessor6.1(1)

atmospheric monitoring5.53

audiogram7.4(1)

authorised person4.37A(2)(b)

award2.2(11)

barricade3.66

biological monitoring5.1(1), 5.53

blasting cabinet3.102

blasting chamber3.102

blood lead level5.53

boiler1.3, 4.1, 6.1(1)

bona fide research5.28

boom‑type elevating work platform4.1

bridge crane4.1

Building Code1.3

building maintenance equipment4.1

building maintenance unit1.3, 4.1

building or structure1.3

cantilevered scaffold3.66

carcinogenic substance5.28

certificate of competency6.1(1)

certificated person6.1(1)

chemical name5.1(1)

class 13.114

class 23.114

class 33.114

classified plant7.1

commencement7.1

commissioning4.1

competent person1.3

compressed air wet abrasive blast cleaning3.102

concrete placing unit4.1

confined space3.82

confirmed blood lead level5.53

construction diving work3.29(1)

construction site1.3

construction work1.3

consumer package5.1(1)

container5.1(1)

contaminant3.82

conveyor4.1

crane1.3, 4.1

curing agent5.72

damp5.53

danger tag1.3

danger zone3.64(1)

decision2.16(1)

demolition1.3, 3.114

design verifier4.1

designated plant7.1

designated smoking area3.44A(1)

dry abrasive blasting1.3, 3.102

earthmoving machinery4.1

elevating work platform4.1

emergency services5.1(1)

enclosed workplace3.44A(1)

energy source4.37A(1)

escalator4.1

exhaust system1.3

explosive powered tool4.1

exposure standard for noise3.45

exposure standard5.1(1)

fall injury prevention system3.48

filter3.37

fired heater4.1

first aid3.12(1)

flammable paint3.99

gantry3.66

gantry crane4.1

gas cylinder1.3, 4.1

gear1.3

generic name5.1(1)

hand‑held equipment3.60(2)

hazardous substance5.1(1)

health surveillance5.1(1), 5.53

hoarding1.3, 3.66

hoist1.3, 4.1

hung scaffold3.66

industrial equipment6.1(1)

industrial lift truck4.1

industrial robot4.1

ingredient5.1(1)

inorganic lead5.53

interlocked4.1

introductory course2.2(2)

isocyanate5.72

L C,peak3.45

LAeq,8h3.45

laser product4.1

laser4.1

lead material5.53

lead process5.53

lead‑risk job5.53

licence3.114

licensed asbestos removalist5.42

licensed person3.114

lift4.1

lower explosive limit5.68

main contractor1.3

manual handling3.4(1)

manufacturing process1.3

mast climbing work platform4.1

Material Safety Data Sheet5.1(1)

medical practitioner1.3

mobile crane4.1

monitoring5.1(1)

MSDS5.1(1)

nail gun4.1

national standard6.1(1)

NOHSC1.11(1)

noise3.45

ongoing surveillance5.24(1)

operator protective devices4.1

other facility3.20(1)

out‑of‑service tag4.1

overhead power line3.64(1)

oxygen deficient atmosphere3.37

Part B7.8

person having control of a workplace1.3

person having control of access to a workplace1.3

personal hearing protectors3.45

plant4.22

platform1.3

polyhydroxy compound5.72

polyurethane manufacturing process5.72

portable equipment3.60(2)

post‑introductory course2.3(2)

powder paint3.99

prescribed work6.1(1)

presence sensing safeguarding system4.1

pressure equipment4.1

pressure piping4.1

pressure vessel1.3, 4.1

pressurized liquid blast cleaning3.102

promoter5.72

purchaser5.1(1)

record5.1(1)

regulatory authority4.1

removal level5.53

repair4.1

Repairs7.12(b)

repealed regulations7.1

representative2.2(2), 2.3(2)

resin5.72

retailer5.1(1)

risk phrase5.1(1)

safety phrase5.1(1)

sanitary facilities3.20(1)

scaffold1.3, 3.66

scaffolding equipment3.66

Schedule 5.4 substance5.28

Schedule 5.5 substance5.28

self‑contained breathing apparatus3.37

smoke3.44A(1)

spray painting3.99

spray painting process3.99

spur scaffold3.66

substance5.1(1)

supplied air respirator1.3, 3.37

 

supplier5.1(1)

supply authority3.58

suspended scaffold3.66

the instructor4.44(8), 4.55(1)(b)(i)

the passenger4.44(7)

tobacco product3.44A(1)

tower crane4.1

toxic atmosphere3.37, 3.40(1)

toxic paint3.99

tractor4.1

type I ingredient5.1(1), 7.12(b)

type II ingredient5.1(1), 7.12(b)

type III ingredient5.1(1), 7.12(b)

uncertificated person6.1(1)

use4.1, 5.1(1)

vehicle hoist4.1

warehouse operator5.1(1)

welding1.3, 3.94

wet abrasive blasting1.3, 3.102

work box4.1

workplace3.60(2)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer