Work Health and Safety Act 2020
Work Health and Safety Regulations Amendment Regulations (No. 2) 2023
Work Health and Safety Act 2020
Work Health and Safety Regulations Amendment Regulations (No. 2) 2023
Western Australia
Work Health and Safety Regulations Amendment Regulations (No. 2) 2023
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — Work Health and Safety (General) Regulations 2022 amended
3.Regulations amended2
4.Regulation 5 amended2
5.Regulation 142C amended2
6.Regulation 225 amended2
7.Regulation 252 amended3
8.Part 11.4 heading amended3
9.Part 11.5 inserted3
Part 11.5 — Transitional and savings provisions for Work Health and Safety Regulations Amendment Regulations (No. 2) 2023
733.Delayed application of Schedule 3 items 14A and 15A3
10.Schedule 3 amended4
Part 3 — Work Health and Safety (Mines) Regulations 2022 amended
11.Regulations amended5
12.Regulation 5 amended5
13.Regulation 94 amended5
14.Regulation 142C amended5
15.Regulation 225 amended6
16.Regulation 675TA amended6
17.Regulation 675ZZJ amended6
18.Part 11.4 heading amended7
19.Part 11.5 inserted7
Part 11.5 — Transitional and savings provisions for Work Health and Safety Regulations Amendment Regulations (No. 2) 2023
750.Delayed application of Schedule 3 items 14A and 15A7
20.Schedule 3 amended7
21.Schedule 27 clause 6 amended8
Work Health and Safety Act 2020
Work Health and Safety Regulations Amendment Regulations (No. 2) 2023
Made by the Governor in Executive Council.
These regulations come into operation as follows —
(a)Part 1 — on the day on which these regulations are published on the WA legislation website;
(b)the rest of the regulations — on the day after that day.
Part 2 — Work Health and Safety (General) Regulations 2022 amended
This Part amends the Work Health and Safety (General) Regulations 2022.
In regulation 5 in the definition of crane in the note delete “and Schedule 3 clause 2 apply” and insert:
applies
In regulation 142C(2) and (3) delete “Class 2” (2nd occurrence).
Note: The heading to amended regulation 142C is to read:
Requirement to hold demolition licence to carry out Class 2 demolition work
In regulation 225(1A) in the definition of AS/NZS 1576 Parts 1 to 6 paragraph (b) delete “AS 1576.2:1991” and insert:
AS 1576.2:2016
In regulation 252(1A)(a)(i) delete “inspect the plant; and” and insert:
design the plant or verify the design of the plant; and
In the heading to Part 11.4 after “provisions” insert:
for Work Health and Safety (General) Regulations 2022
After regulation 732 insert:
Part 11.5 — Transitional and savings provisions for Work Health and Safety Regulations Amendment Regulations (No. 2) 2023
733.Delayed application of Schedule 3 items 14A and 15A
During the period of 2 years beginning on the day on which the Work Health and Safety Regulations Amendment Regulations (No. 2) 2023 regulation 9 comes into operation, Schedule 3 items 14A and 15A do not apply.
(1)In Schedule 3 in Table 3.1 after item 14 insert:
|
14A. |
Non‑slewing mobile crane |
Use of non‑slewing earthmoving machinery with a safe working load greater than 3 tonnes as a crane |
(2)In Schedule 3 in Table 3.1 after item 15 insert:
|
15A. |
Slewing mobile crane — with a capacity up to 20 tonnes |
Use of slewing earthmoving machinery with a safe working load greater than 3 tonnes as a crane |
(3)Delete Schedule 3 clause 2.
Part 3 — Work Health and Safety (Mines) Regulations 2022 amended
This Part amends the Work Health and Safety (Mines) Regulations 2022.
(1)In regulation 5 delete the definition of card holder and insert:
card holder has the meaning given in the Work Health and Safety (General) Regulations 2022 regulation 5;
(2)In regulation 5 in the definition of crane in the note delete “and Schedule 3 clause 2 apply” and insert:
applies
In regulation 94(2)(a) and (b) after “Safety” insert:
(General)
In regulation 142C(2) and (3) delete “Class 2” (2nd occurrence).
Note: The heading to amended regulation 142C is to read:
Requirement to hold demolition licence to carry out Class 2 demolition work
In regulation 225(1A) in the definition of AS/NZS 1576 Parts 1 to 6 paragraph (b) delete “AS 1576.2:1991” and insert:
AS 1576.2:2016
(1)In regulation 675TA(1) delete the definition of map coordinates.
(2)In regulation 675TA(1) insert in alphabetical order:
Geocentric Datum of Australia 2020 means the Reference Frame as defined in the National Measurement (Recognized‑Value Standard of Measurement of Position) Determination 2017 (Commonwealth) Schedule 1;
map coordinates means the Map Grid of Australia 2020 rectangular coordinates derived from a Universal Transverse Mercator projection of latitudes and longitudes based on the Geocentric Datum of Australia 2020.
In regulation 675ZZJ(1)(a)(ii) delete “the national register as defined in the National Vocational Education and Training Regulator Act 2011 (Commonwealth) section 3;” and insert:
the National Register established under the National Vocational Education and Training Regulator Act 2011 (Commonwealth);
In the heading to Part 11.4 after “provisions” insert:
for Work Health and Safety (Mines) Regulations 2022
After regulation 749 insert:
Part 11.5 — Transitional and savings provisions for Work Health and Safety Regulations Amendment Regulations (No. 2) 2023
750.Delayed application of Schedule 3 items 14A and 15A
During the period of 2 years beginning on the day on which the Work Health and Safety Regulations Amendment Regulations (No. 2) 2023 regulation 19 comes into operation, Schedule 3 items 14A and 15A do not apply.
(1)In Schedule 3 in Table 3.1 after item 14 insert:
|
14A. |
Non‑slewing mobile crane |
Use of non‑slewing earthmoving machinery with a safe working load greater than 3 tonnes as a crane |
(2)In Schedule 3 in Table 3.1 after item 15 insert:
|
15A. |
Slewing mobile crane — with a capacity up to 20 tonnes |
Use of slewing earthmoving machinery with a safe working load greater than 3 tonnes as a crane |
(3)Delete Schedule 3 clause 2.
21.Schedule 27 clause 6 amended
(1)Delete Schedule 27 clause 6(1).
(2)Delete Schedule 27 clause 6(2)(d)(i) and insert:
(i)carrying out mine transport and services in relation to quarry operations for at least 3 months; and
(ia)if the person will work at a mine where drilling and use of explosives is carried out at the mine — carrying out drilling and use of explosives in relation to quarry operations for at least 3 months; and
V. MOLAN, Clerk of the Executive Council
© State of Western Australia 2023. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2023. By Authority: GEOFF O. LAWN, Government Printer