Chapter 4 Work premises and working environment
Note. This Chapter is divided into 5 Parts. Part 4.1 deals with preliminary matters. Part 4.2 deals with the responsibilities of controllers of premises as to hazard identification, risk assessment, risk control and provision of information generally and as to fall prevention, electricity and asbestos installed in the workplace in particular. Part 4.3 deals with the use of places of work and the responsibilities of employers as to working space, lighting, heat and cold, noise management, atmosphere, working at heights, fire prevention, electricity and working in confined spaces. Part 4.4 deals with manual handling. Part 4.5 deals with long distance truck driver fatigue.
(1) In this Chapter:anchorage point means:
(a) a secure point of attachment on a structure to which a fall arrest device or anchorage line may be secured, or(b) a secure point on a fall arrest device to which a lanyard may be secured.brittle or fragile roofing material means any roof covering material that would be liable to fail if the weight of a person likely to pass across the material, and anything carried by or on the person, were applied to it.
controller of premises means a person who has control of premises used by people as a place of work, including:
(a) a person who has only limited control of the premises, and(b) a person who has, under any contract or lease, an obligation to maintain or repair the premises.electrical article has the same meaning as it has in the Electricity (Consumer Safety) Act 2004.
electrical installation has the same meaning as it has in the Electricity (Consumer Safety) Act 2004, except that it extends to electrical equipment in or about a mining workplace or coal workplace.
electricity supply authority has the same meaning as it has in the Electricity (Consumer Safety) Act 2004.
fall arrest device means a self-locking device with the function of arresting a fall.
monitor means to survey regularly all measures used to control atmospheric contaminants in a place of work.
place of work, in relation to premises, means a place of work at those premises.
(2) (Repealed)
Note. Section 10 of the Act contains a general requirement for controllers of premises to ensure that the premises are safe and without risks to health. This Part sets out particular duties.Also see clause 7 (1) as to the extent of the duties of a controller of premises under this Part.
Division 1 General duties of controllers of premises
34 Controller of premises to identify hazards
(1) A controller of premises must identify any foreseeable hazard arising from the premises that has the potential to harm the health or safety of any person accessing, using or egressing from the premises.(2) Without limiting the generality of subclause (1), the controller must identify hazards arising from:(a) the layout and condition of the premises, including the presence of a confined space, and(b) the physical working environment, including the potential for:(i) people slipping, tripping or falling, and(ii) objects or structures falling on people, and(c) the presence of material containing asbestos.(3) A controller of premises must ensure that hazards are identified:(a) during any design of the premises, and(b) before the premises are provided for use as a place of work.Maximum penalty: Level 4.
35 Controller of premises to assess risks
(1) A controller of premises must assess the risk of harm to the health or safety of any person arising from any hazard identified in accordance with this Division.(2) When assessing those risks, the controller must:(a) evaluate the likelihood of an injury or illness occurring and the likely severity of any injury or illness that may occur, and(b) review available health and safety information relevant to a particular hazard, and(c) identify the actions necessary to eliminate or control the risk, and(d) identify records that it is necessary to keep to ensure that risks are controlled (including the length of time for which records are to be kept).(3) A risk assessment may relate to more than one place of work or hazard so long as it takes account of the particular circumstances of each place of work or hazard.Maximum penalty: Level 4.
36 Controller of premises to eliminate or control risks
(1) A controller of premises must eliminate any risk, arising from the premises, to the health or safety of any person accessing, using or egressing from the premises.(2) If it is not reasonably practicable to eliminate the risk, the controller of the premises must control the risk.(3) A controller of premises must ensure that all measures (including procedures and equipment) that are adopted to eliminate or control risks to health or safety are properly used and maintained.Maximum penalty: Level 4.
Note. This Part also contains specific risk control requirements with which the controller must comply.
37 Controller of premises to review risk assessments and control measures
A controller of premises must review a risk assessment, and any measures adopted to control the risk, whenever:(a) there is evidence that the risk assessment is no longer valid, or(b) injury or illness results from exposure to a hazard to which the risk assessment relates, or(c) there is a significant change in the premises or place of work to which the risk assessment relates.Maximum penalty: Level 4.
38 Controller of premises to provide information
(1) A controller of premises must provide other persons who have responsibilities under this Regulation with all available information that is necessary to enable the other persons to fulfil their responsibilities with respect to the following:(a) identifying hazards,(b) assessing risks arising from those hazards,(c) eliminating or controlling those risks,(d) providing information.(2) Without limiting the generality of subclause (1), the controller must provide any employer who uses the premises concerned as a place of work with information about:(a) any foreseeable hazard arising from the premises that has the potential to harm the health or safety of any person accessing, using or egressing from the premises, and(b) an assessment of any risk arising from the premises that has not been eliminated by the controller, and(c) the measures taken by the controller to control any such risk, and(d) any measures (including use and maintenance of procedures and equipment) that the employer may need to adopt to control any such risk.Maximum penalty: Level 4.
39 Fall prevention—particular risk control measures
A controller of premises must ensure that:(a) safe access is provided to all parts of a place of work to which a person may require access and from which the person may fall, and(b) if the whole or any part of the roof of a building or structure comprises or includes any brittle or fragile roofing material, warning signs are provided that:(i) contain the words “DANGER—BRITTLE ROOF”, and(ii) are affixed to each individual slope, curve or section of the roof and to all other places from which access to the roof may be obtained, and(c) walkways are provided and maintained over roofs that are wholly or partly covered by brittle or fragile roofing material, and(d) if windows are designed to be cleaned from the outside, anchorage points for fall arrest devices are provided on each window or other safe means for cleaning every window of the building or structure are provided, and(e) floors are designed to be safe without risks of slips, trips or falls, with adequate drainage (if necessary) and appropriate floor coverings (if necessary).Maximum penalty: Level 4.
In the event of an inconsistency between the requirements of this Division and the Electricity (Consumer Safety) Regulation 2006, the requirements of that Regulation prevail.Note. The Electricity (Consumer Safety) Regulation 2006 requires all electrical installation work (within the meaning of the Electricity (Consumer Safety) Act 2004) to be carried out in accordance with AS/NZS 3000:2000 Electrical installations (known as the Australian/New Zealand Wiring Rules).
41 Electricity—particular risk control measures
(1) A controller of premises must ensure that:(a) any electrical installation at the premises:(i) is safe at the time it is made available for use by an employer, or(ii) if not safe, is disconnected from the electricity supply and secured and the employer is informed that it is not safe, and(b) electrical installations containing live electrical components (such as control panels, switchrooms, switchyards and substations) are suitably secured to prevent inadvertent access, and(c) persons entering an area in which such electrical installations are situated are appropriately trained in issues such as safe entry, emergency procedures and safe use of electrical plant and equipment.(2) A controller of premises must ensure that:(a) any electrical article provided for use at, or in connection with any electrical installation at, a place of work is safe at the time the place of work is made available for use by an employer, or(b) if not safe, the article is disconnected from the electricity supply and secured and the employer is informed that it is not safe.(3) A controller of premises must ensure that any such electrical installation or electrical article that is connected to the electricity supply is, to the extent that the owner retains control over the installation or article, maintained in a safe condition.(4) A controller of premises must ensure that persons working in, or undertaking maintenance on, the premises (apart from those undertaking electrical work) are prevented from coming within an unsafe distance from any overhead electrical power lines or live electrical installations unless a risk assessment determines otherwise.(5) A controller of premises must obtain documentation of any significant modifications made to electrical circuits at the premises from the person doing the work and ensure that the documentation is maintained and kept readily accessible for persons undertaking further electrical work.Maximum penalty: Level 4.
Words and expressions used in this Division have the same meanings as they have in Part 8.7 (Asbestos—particular provisions).
43 Asbestos—risk assessment and control
A controller of premises that contains asbestos or asbestos-containing material must ensure that risk assessment and control measures are carried out in accordance with the document entitled Code of Practice for the Management and Control of Asbestos in the Workplace [NOHSC: 2018 (2005)] published by the NOHS Commission, as in force from time to time.Maximum penalty: Level 4.
Note. See clause 34 for obligation of controller to identify presence of asbestos material.
44 Record keeping—register of asbestos
A controller of premises must ensure that:(a) a register, in which the type, condition and location of all asbestos and asbestos-containing material in any place of work is recorded, is prepared and maintained, and(b) any action taken to control asbestos and asbestos-containing material in the place of work or in plant at the place of work is recorded in the register, including details of:(i) any assessment concerning the asbestos that took place before the work was carried out, and(ii) if the work was carried out by a contractor rather than by an employee of the controller, the name of the person who carried out the work, and(iii) the date on which the work was carried out, and(c) all occupiers of the place of work are provided with a copy of the register and all updates to it.Maximum penalty: Level 3.
Part 4.3 Use of places of work
Note. Section 8 of the Act contains a general requirement for employers to ensure the health, safety and welfare at work of their employees. That requirement extends to:(a) ensuring that any premises controlled by the employer where the employees work (and the means of access to or exit from the premises) are safe and without risks to health, and(b) ensuring that any plant or substance provided for use by the employees at work is safe and without risks to health when properly used, and(c) ensuring that systems of work and the working environment of the employees are safe and without risks to health, and(d) providing such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work, and(e) providing adequate facilities for the welfare of the employees at work.Section 8 also requires an employer to ensure that people (other than the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer’s undertaking while they are at the employer’s place of work.
Chapter 2 of this Regulation also contains general obligations of employers to control risks. This Part sets out particular risk control measures to be undertaken by employers. Employer, for the purposes of this Part, includes self-employed persons (see clause 3).
Section 9 of the Act contains a general requirement for a self-employed person to ensure that people (other than employees of the person) are not exposed to risks to their health or safety arising from the conduct of the person’s undertaking while they are at the person’s place of work.
45 Working space—particular risk control measures
An employer must ensure that:(a) sufficient working space is provided to allow persons to work safely, and(b) floors and surfaces are constructed and maintained to minimise the possibility of slips, trips and falls, and(c) persons are unhindered and able to move safely around a place of work.Maximum penalty: Level 4.
Note. See also Division 9 (Working in confined spaces).
46 Lighting—particular risk control measures
An employer must ensure that lighting is provided that:(a) is adequate to allow employees to work safely, and(b) does not create excessive glare or reflection, and(c) is adequate to allow persons who are not employees to move safely within the place of work, and(d) facilitates safe access to and egress from the place of work, including emergency exits.Maximum penalty: Level 4.
47 Hot working environments—particular risk control measures
An employer must ensure that:(a) adequate ventilation and air movement is provided in indoor environments that may become hot, and(b) appropriate work and rest regimes relative to the physical fitness, general health, medication taken and body weight of each employee exposed to heat are implemented.Maximum penalty: Level 4.
48 Cold working environments—particular risk control measures
An employer must ensure that:(a) employees exposed to cold have adequate access to heated or sheltered work areas and warm clothing or other personal protective equipment, and(b) appropriate work and rest regimes relative to the physical fitness, general health, medication taken and body weight of each employee exposed to cold are implemented.Maximum penalty: Level 4.
49 Noise management—particular risk control measures
(1) An employer must ensure that appropriate control measures are taken if a person is exposed to noise levels that:(a) exceed an 8-hour noise level equivalent of 85 dB(A), or(b) peak at more than 140 dB(C).Maximum penalty: Level 4.
(2) For the purposes of subclause (1):(a) the measurement is to be made in accordance with AS/NZS 1269.1:1998 Occupational noise management Part 1: Measurement and assessment of noise imission and exposure, and(b) exposure to noise is taken to be measured at the position of the ears of a person, or at an equivalent of that position, and(c) the measurement is to be made on the assumption that the person is not wearing any device to protect himself or herself from noise.
49A Application to mining workplaces that are mines and to coal workplaces
This Division does not apply to the atmosphere of a mining workplace that is a mine, or to the atmosphere of a coal workplace, to the extent that more exacting standards are created by or under another Act in relation to that atmosphere than are made by this Division.
In this Division:atmospheric contaminant means:
(a) a hazardous substance that occurs in the form of a fume, mist, gas, dust or vapour, or(b) an asphyxiant, or(c) nuisance dust,to which persons may be exposed in the working environment.inspirable dust means those airborne particles of dust that can be taken in through the nose or mouth during breathing.
respirable fibre means a fibrous particle with a diameter of less than 3 micrometres and a length of greater than 5 micrometres, with a length to width ratio of greater than 3:1, that can reach the deepest part of a lung.
safe oxygen level means a minimum oxygen content in air of 19.5% by volume under normal atmospheric pressure and a maximum oxygen content in air of 23.5% by volume under normal atmospheric pressure.
synthetic mineral fibre means any manufactured mineral fibre, including mineral woolrock (rockwool and slagwool), glasswool (including superfine glassfibre) and ceramic fibres.
synthetic mineral fibre dust means dust arising from a synthetic mineral fibre.
TWA (time-weighted average) means the average airborne concentration of a particular substance when calculated over a normal 8-hour working day for a 5-day working week.
51 Atmospheric contaminants—particular risk control measures
(1) An employer must ensure that no person at a place of work is exposed to an airborne concentration of an atmospheric contaminant that exceeds or breaches a standard referred to in or determined under subclause (2).Maximum penalty: Level 4.
(2) For the purposes of subclause (1), the standard is as follows:(a) for atmospheric contaminants other than synthetic mineral fibre dust—as determined in accordance with the documents entitled “Guidance Note on the Interpretation of Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 3008]” and “Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 1003]”, as amended from time to time by amendments published in the Chemical Gazette of the Commonwealth of Australia,(b) (Repealed)(c) for synthetic mineral fibre dust if almost all the airborne mineral is fibrous—in addition to a respirable standard determined under paragraph (a), an exposure standard of 2 mg/m3 (TWA) of inspirable dust, but where the inspirable standard is not to take precedence over the respirable standard,(d) for dusts not otherwise classified—10mg/m3 (TWA) inspirable dust exposure standard applies.
52 Unsafe levels of oxygen—risk control measures
An employer must ensure that appropriate risk control measures are taken when atmospheres in a place of work contain an unsafe oxygen level.Maximum penalty: Level 4.
53 Ventilation—particular risk control measures
(1) An employer must ensure that:(a) mechanical ventilation appropriate for the work being carried out is used to control atmospheric contaminants and that the ventilation is maintained regularly, and(b) if a mechanical ventilation system is used to control exposure to a contaminant, the system:(i) is located as close as is practicable to the source of the contaminant to minimise the risk of inhalation by a person at work, and(ii) is used for as long as the contaminant is present, and(iii) is kept free from accumulations of dust, fibre and other waste materials and is maintained regularly, and(iv) if the system is provided to control contaminants arising from flammable or combustible substances—is designed and constructed so as to prevent the occurrence of fire or explosion, and(c) if a ducted ventilation system is used, an inspection point is fitted at any place where blockages in the ventilation system are likely to occur.(2) This clause does not apply to the underground parts of a mining workplace or a coal workplace.Maximum penalty: Level 4.
54 Entry protection—contaminated atmosphere or unsafe levels of oxygen
An employer must ensure that any place of work at which there is a risk of exposure to atmospheric contaminants or unsafe levels of oxygen is isolated and that appropriate warning signs are provided at the place.Maximum penalty: Level 4.
If a risk assessment under Chapter 2 indicates that monitoring of atmospheric contaminants should be undertaken at an employer’s place of work, the employer must ensure that:(a) appropriate monitoring is undertaken in accordance with a suitable procedure, and(b) the results of the monitoring are recorded, and(c) any employee or other person working at the employer’s place of work who may be or may have been exposed to an atmospheric contaminant that has been monitored is provided with the results of the monitoring, and(d) the monitoring records are readily accessible to any such employee or person.Maximum penalty: Level 3.
56 Prevention of falls from heights—particular risk control measures
(1) An employer must ensure that risks associated with falls from a height are controlled by use of the following measures:(a) provision and maintenance of:(i) a stable and securely fenced work platform (such as scaffolding or other form of portable work platform), or(ii) if compliance with subparagraph (i) is not reasonably practicable—secure perimeter screens, fencing, handrails or other forms of physical barriers that are capable of preventing the fall of a person, or(iii) if compliance with subparagraph (ii) is not reasonably practicable—other forms of physical restraints that are capable of arresting the fall of a person from a height of more than 2 metres,(b) provision of a safe means of movement between different levels at the place of work.(2) If a fall arrest device is provided for use by persons at work, the employer must ensure that:(a) all anchorage points for the device are inspected by a competent person before their first use and then on a regular basis so they are capable of supporting the design loads, and(b) if the load-bearing capacity of an anchorage point is impaired, the anchorage is immediately made inoperable so as to prevent its use, and(c) any harness, safety line or other component of the device that shows wear or weakness to the extent it may cause the device to fail is not used, and(d) all persons using the device have received training in the selection, assembly and use of the system, and(e) adequate provision is made for the rescue of a person whose fall is arrested by a fall arrest device.Maximum penalty: Level 4.
57 Falling objects—particular risk control measures
An employer must ensure that risks associated with falling objects are controlled by use of the following measures:(a) provision of safe means of raising and lowering plant, materials and debris in the place of work,(b) provision of a secure physical barrier to prevent objects falling freely from buildings or structures in or in the vicinity of the place of work,(c) if it is not possible to provide a secure physical barrier, provision of measures to arrest the fall of objects,(d) provision of appropriate personal protective equipment.Maximum penalty: Level 4.
58 Scaffolding—particular risk control measures
An employer must ensure that:(a) a scaffold from which a person or object could fall more than 4 metres, and its supporting structure, is inspected by a competent person for compliance with this Regulation:(i) before its first use, and(ii) as soon as practicable, and before its next use, after an occurrence that might reasonably be expected to affect the stability or adequacy of the scaffold or its supporting structure, such as a severe storm or earthquake, and(iii) before its use following repairs, and(iv) at intervals not exceeding 30 days, and(b) if an inspection of a scaffold or its supporting structure indicates an unsafe condition, appropriate repairs, alterations or additions are carried out and the scaffold and its supporting structure are re-inspected by a competent person before further use of the scaffold, and(c) if a scaffold is incomplete and left unattended, appropriate controls, including the use of danger tags or warning signs, are used to prevent unauthorised access to it, and(d) the erection and dismantling of:(i) scaffolds, and(ii) temporarily erected structures, intended or used to support sheetings, hoardings, guard rails, means of access or egress and entertainment equipment,is carried out in compliance with AS/NZS 1576.1:1995 Scaffolding Part 1: General requirements.Maximum penalty: Level 4.
59 Lifts—particular risk control measures
An employer must ensure that, if a person is working in a lift well, adequate provision is made for the protection of the person from objects falling on the person or movement of the lift car, including provision of the following:(a) a means of isolating the lift car to prevent movement,(b) a safe working platform,(c) adequate protection decking,(d) suitable access to the lift well, working platform and protection decking.Maximum penalty: Level 4.
60 Brittle or fragile roofs—particular risk control measures
An employer must ensure that the risk of falls associated with persons working on or passing across roofs that are wholly or partly covered by brittle or fragile roofing material are controlled by use of the following measures:(a) permanent walkways,(b) if this is not practicable, adequately secured temporary walkways or other means to prevent the fall of persons working on or passing across the roof.Maximum penalty: Level 4.
61 Building maintenance—particular risk control measures
An employer must ensure that risks of falls associated with building maintenance, including window cleaning, from outside or through windows are controlled by:(a) the provision of adequate safe access to the work area, or(b) if compliance with paragraph (a) is not reasonably practicable, the use of appropriate fall arrest devices.Maximum penalty: Level 4.
62 Fire and explosion—particular risk control measures
(1) An employer must ensure that risks associated with fire or explosion at a place of work are controlled by:(a) eliminating activities that have the potential to generate flammable or explosive atmospheres from the work process or, if elimination is not possible, minimising the potential for flammable or explosive atmospheres by providing adequate ventilation, and(b) eliminating potential ignition sources, including naked flame, hot work and electrical equipment, and sources of static electricity, including friction, welding and slipping belts, from proximity to flammable substances, combustible dusts or waste materials, and(c) enclosing work areas containing flammable or explosive atmospheres, and(d) removing waste materials and accumulated dust on a regular basis, and(e) providing for adequate storage, transportation and disposal of flammable substances, and(f) any other measures necessary to control the risks.(2) If flammable substances, combustible dusts or waste materials are present at a place of work, an employer must monitor the place regularly to ensure:(a) the removal, on a regular basis, of waste material, including dust, that could pose a fire or explosion hazard, and(b) the continued effectiveness of control measures taken with respect to potential ignition sources.(3) This clause does not apply to a mining workplace that is a mine, or to a coal workplace, to the extent that more exacting standards are created by or under another Act in relation to risks associated with fire or explosion at that mining workplace or coal workplace than are made by this clause.Maximum penalty: Level 4.
Division 7A Residual current devices (safety switches)
62A Residual current devices—electrical outlet sockets
(1) An employer must ensure that, in relation to each electrical outlet socket at the employer’s place of work, the circuit is protected by a residual current device.(2) In complying with subclause (1), the employer must ensure, so far as is reasonably practicable, that the residual current device is incorporated before or as part of the socket.(3) This clause commences 4 years after the commencement of the Occupational Health and Safety Amendment (Residual Current Devices) Regulation 2011.Maximum penalty: Level 4.
62B Residual current devices—electrical articles
(1) An employer must ensure that each of the following electrical articles at the employer’s place of work is protected by a residual current device with a tripping current that does not exceed 30 milliamps if electricity is supplied to the article through an electrical outlet socket not exceeding 20 amps:(a) a hand-held electrical article,(b) an electrical article that is moved while in operation,(c) an electrical article that is moved between operations in circumstances that could result in damage to the article,(d) an electrical article that is used for construction work,(e) an electrical article that is used in an environment in which normal use of the article exposes the article to operating conditions that are likely to result in a reduction in its expected life span, including exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.(2) This clause does not apply if the supply of electricity to the electrical article:(a) does not exceed 50 volts alternating current, or(b) is direct current, or(c) is provided through an isolating transformer that provides at least an equivalent level of protection, or(d) is provided from a non-earthed electrical outlet socket supplied by a non-earthed portable generator that provides at least an equivalent level of protection.(3) This clause commences 12 months after the commencement of the Occupational Health and Safety Amendment (Residual Current Devices) Regulation 2011.Maximum penalty: Level 4.
62C Testing of residual current devices
(1) An employer must ensure that residual current devices used at the employer’s place of work are tested regularly by a competent person to ensure that the devices are operating effectively.(2) An employer must as soon as practicable replace a residual current device that is not operating effectively.(3) An employer must keep a record of each testing of a residual current device until the next testing is carried out.(4) This clause does not affect any requirement under Division 8 of this Part.Maximum penalty: Level 4.
62D Division extends to controllers of premises
This Division extends to a controller of premises. Accordingly, a reference in this Division to an employer is taken to include a reference to a controller of premises and a reference to the employer’s place of work is taken to include the premises controlled by the controller.
62E Division does not apply to electrical supply authority works
This Division does not apply to the works of an electrical supply authority used for the generation, transmission or distribution of electricity for the public.
62F Requirements under the Electricity (Consumer Safety) Act 2004
In the event of an inconsistency between the requirements of this Division and the regulations under the Electricity (Consumer Safety) Act 2004, the requirements of those regulations prevail.
In the event of an inconsistency between the requirements of this Division and the regulations under the Electricity (Consumer Safety) Act 2004, the requirements of those regulations prevail.
64 Electricity—particular risk control measures
(1) An employer must ensure that any risk of injury from electricity at a place of work is eliminated or, if elimination is not reasonably practicable, the risk is controlled.(2) An employer must ensure that:(a) Electrical installations at places of work
all electrical installations at a place of work are inspected and tested, after they are installed and prior to their energising for normal use, by a competent person to ensure they are safe for use, and(a1) all electrical installations at a place of work are maintained by a competent person to ensure they remain safe for use, and(a2) Electrical articles used in construction work
all electrical articles that are used in construction work are regularly inspected, tested and maintained by a competent person to ensure they are safe for use if the articles are supplied with electricity through an electrical outlet socket, and(a3) Electrical articles that may be affected by hostile environment
all electrical articles that are supplied with electricity through an electrical outlet socket that are at a place of work where the safe operation of the electrical article could be affected by a hostile operating environment are regularly inspected, tested and maintained by a competent person to ensure they are safe for use, and(a4) Electrical installations and articles found to be unsafe
all electrical installations and electrical articles at a place of work that are found to be unsafe are disconnected from the electricity supply and are repaired, replaced or permanently removed from use, and(b) plant is not used in conditions likely to give rise to electrical hazards, and(c) appropriate work systems are provided to prevent inadvertent energising of plant connected to the electricity supply, and(d) if excavation work is to be carried out at a place of work, all available information concerning the position of underground electrical cables is obtained and disseminated to persons at the place, and(e) persons at work, their plant, tools or other equipment and any materials used in or arising from the work do not come into close proximity with overhead electrical power lines (except if the work is done in accordance with a written risk assessment and safe system of work and the requirements of the relevant electricity supply authority), and(f) any electrical cord extension sets, flexible cables or fittings:(i) are located where they are not likely to be damaged (including damage by liquids) or are protected against any damage, and(ii) are not laid across passageways or accessways unless they are suitably protected, and(g) adequate signs to warn of the hazards, and (if necessary) restrict access, are provided at or near any area in which there is a risk of exposure of persons to hazards arising from electricity.(3) In this clause, hostile operating environment means an operating environment at a place of work where an electrical article is in its normal use subjected to operating conditions that are likely to result in damage to the article, and, for example, includes an operating environment that may:(a) cause mechanical damage to the article, or(b) expose the article to moisture, heat, vibration, corrosive substances or dust that is likely to result in damage to the article.Maximum penalty: Level 4.
65 Maintenance of records—electricity
(1) An employer must ensure that a record is made and kept of all inspections and tests made and maintenance carried out on electrical articles and electrical installations required by this Part.(2) In particular, the following information is to be recorded:(a) the name of the person who made the inspection or carried out the test or maintenance,(b) the date on which, or dates over which, the inspection was made or the test or maintenance was carried out,(c) the result or outcome of the inspection, test or maintenance,(d) the date by which the next inspection and test must be carried out.Maximum penalty: Level 2.
Division 9 Working in confined spaces
65A No application to underground parts of mining workplaces or coal workplaces
This Division does not apply to the underground parts of a mining workplace or coal workplace.
In this Division:confined space, in relation to a place of work, means an enclosed or partially enclosed space that:
(a) is not intended or designed primarily as a place of work, and(b) is at atmospheric pressure while persons are in it, and(c) may have an atmosphere with potentially harmful contaminants, an unsafe level of oxygen or stored substances that may cause engulfment, and(d) may (but need not) have restricted means of entry and exit.Examples of confined spaces are as follows:
(a) storage tanks, tank cars, process vessels, boilers, pressure vessels, silos and other tank-like compartments,(b) open-topped spaces such as pits or degreasers,(c) pipes, sewers, shafts, ducts and similar structures,(d) shipboard spaces entered through a small hatchway or access point, cargo tanks, cellular double bottom tanks, duct keels, ballast and oil tanks and void spaces (but not including dry cargo holds).safe oxygen level means a minimum oxygen content in air of 19.5% by volume under normal atmospheric pressure and a maximum oxygen content in air of 23.5% by volume under normal atmospheric pressure.
This Division applies to work in a confined space at any place of work.
68 Entry to or work in or on confined space—particular risk control measures
An employer must ensure that no person enters a confined space or that work is not carried out inside or on the outside of a confined space if:(a) there is a risk to the health and safety of a person entering, occupying or working on the surface of the confined space, or(b) there is a risk of fire or explosion,and the risk has not been controlled as required by this Regulation.Maximum penalty: Level 4.
69 Isolation or control of potentially hazardous services—particular risk control measures
An employer must ensure that no person enters a confined space unless all potentially hazardous services that are normally connected to the confined space are isolated or otherwise controlled so as to prevent:(a) the introduction of any materials, contaminants, agents or conditions that may be harmful to a person occupying the confined space, or(b) the activation or energising in any way of equipment or services that may pose a risk to the health or safety of a person inside the confined space.Maximum penalty: Level 4.
70 Purging before entry—particular risk control measures
(1) An employer must ensure that, if appropriate, a confined space is cleared of all contaminants by use of a suitable purging agent by which contaminants are displaced from the confined space before a person enters the confined space.(2) An employer must ensure that pure oxygen or a gas mixture in a concentration of more than 21% of oxygen by volume is not used for the purging or ventilation of a confined space.Maximum penalty: Level 4.
71 Safety of atmosphere—particular risk control measures
(1) Subject to subclause (4), an employer must ensure that no person enters a confined space unless:(a) the confined space contains a safe oxygen level, and(b) any atmospheric contaminants in the confined space are reduced below the appropriate exposure standards referred to in clause 51 (Atmospheric contaminants—particular risk control measures), and(c) the confined space is free from extremes of temperature, and(d) the concentration of any flammable contaminant in the atmosphere of the confined space is below 5% of its LEL.(2) An employer must ensure that, if a concentration of flammable contaminant in the atmosphere of a confined space is found to be more than 5% of its LEL and less than 10% of its LEL, all persons leave the confined space unless a continuous monitoring, suitably calibrated flammable contaminant detector is used in the confined space at all times while persons are present in it.(3) An employer must ensure that, if a concentration of flammable contaminant in the atmosphere of a confined space is found to be 10% of its LEL or more, all persons leave the confined space.(4) If a safe oxygen level cannot be provided or atmospheric contaminants cannot be reduced to safe levels in a confined space, persons may enter the space if equipped with suitable personal protective equipment including air supplied respiratory protective equipment.(5) If an atmospheric contaminant is present in a confined space, or a confined space contains less than 19.5% oxygen, an employer must provide warning signs.Maximum penalty: Level 4.
72 Entry permits—particular risk control measures
(1) An employer must ensure that no person enters or works in or on a confined space unless authorised by an entry permit given by the employer.(2) An entry permit must:(a) be in writing, and(b) identify the confined space, and(c) clearly describe the work to be carried out in or on the confined space, and(d) set out risk control measures to be taken, and(e) record the names of all persons who may enter or work in or on the confined space, and(f) record the dates and times when the persons may enter or be in or on the confined space to carry out the work.(3) The entry permit must be provided to the person responsible for direct control of the work to be carried out in or on the confined space.(4) The employer must ensure that the persons who are to carry out the work are informed of and comply with the requirements of the entry permit.(5) The employer must ensure that, before authorisation is given for the confined space to be returned to service, the person in direct control of the work in the confined space acknowledges, in writing, that:(a) the work in or on the confined space has been completed, and(b) all persons involved in the carrying out of the work have left the confined space.Maximum penalty: Level 4.
73 Stand-by persons—particular risk control measures
(1) An employer must ensure that one or more stand-by persons are present outside a confined space when any person is inside the confined space.Maximum penalty: Level 4.
(2) In this clause, stand-by person means a competent person who:(a) is assigned to remain on the outside of, and in close proximity to, the confined space, and(b) is capable of being in continuous communication with and, if practicable, able to observe persons inside the confined space, and(c) is capable of operating monitoring equipment used to ensure safety during entry to and work in the confined space, and(d) is capable of initiating emergency procedures (including rescue procedures), if necessary.
74 Emergencies—particular risk control measures
(1) An employer must, when persons are inside a confined space, ensure that emergency equipment (including rescue and first aid equipment) appropriate for the particular circumstances in which the persons are inside the space is provided.(2) An employer must ensure that emergency procedures are planned, established and rehearsed in relation to the presence of persons in a confined space.(3) An employer must ensure that:(a) openings for entry to and egress from a confined space are of adequate size to permit the rescue of all persons who may be in the space, and(b) openings are not obstructed by fittings or equipment that could impede the rescue of persons or, alternatively, if this cannot be done, that another suitable means of rescue is provided.Maximum penalty: Level 4.
75 Entry protection—particular risk control measures
An employer must ensure that appropriate signs are displayed and protective barriers are erected to prevent the entry into a confined space of persons who are not authorised by an entry permit referred to in clause 72.Maximum penalty: Level 4.
76 Atmospheric testing and monitoring—particular risk control measures
An employer must ensure that appropriate atmospheric testing and monitoring is carried out if a confined space has or may:(a) become contaminated with an atmospheric contaminant, or(b) become contaminated with a flammable contaminant, or(c) have an oxygen level that is not a safe oxygen level.Maximum penalty: Level 4.
(1) An employer must provide training for all persons who are required to work in or on a confined space in all relevant activities relating to entering and working in or on the confined space.Maximum penalty: Level 4.
(2) The training program must include instruction in the following:(a) the hazards of confined spaces,(b) risk assessment procedures,(c) risk control measures,(d) emergency procedures,(e) selection, use, fitting and maintenance of safety equipment.Maximum penalty: Level 4.
(3) Training must also be provided for persons who:(a) perform assessments in relation to the safety of confined spaces, and(b) issue entry permits for work in confined spaces, and(c) design and fix the layout of work places, and(d) manage or supervise (or both) persons working in or near confined spaces, including any contractor, and(e) maintain equipment used for and during entry to confined spaces, and(f) purchase, distribute, fit, wear or maintain personal protective equipment used in relation to the carrying out of work in confined spaces, and(g) are on stand-by in relation to work in confined spaces, and(h) are involved in rescue and first aid procedures in relation to work in confined spaces.Maximum penalty: Level 4.
(4) An employer must make a written record of:(a) the training provided, and(b) the persons to whom the training is provided.Maximum penalty (subclause (4)): Level 3.
(1) An employer must keep and maintain:(a) entry permits in relation to work in confined spaces for a period of one month after return of the confined spaces to service, and(b) risk assessment reports in relation to work in confined spaces for 5 years after the date of preparation, and(c) records of training in relation to work in confined spaces for the terms of employment of persons to whom the training has been provided.(2) Despite subclause (1), the documents referred to in that subclause are to be kept for such period as is appropriate in cases where continued surveillance of the health of employees or other continued monitoring is required.Note. See also clause 171 (Employer to retain certain material as record) as to the responsibilities of employers as to record keeping.(3) All records kept in accordance with this clause are to be made available to regulatory authority inspectors and employees (in relation to their own personal circumstances) on request.Maximum penalty: Level 1.
Note. Employer, for the purposes of this Part, includes self-employed persons (see clause 3).
In this Part: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 any animate or inanimate object.
(1) An employer must ensure that:(a) all objects are, where appropriate and as far as reasonably practicable, designed, constructed and maintained so as to eliminate risks arising from the manual handling of the objects, and(b) work practices used in a place of work are designed so as to eliminate risks arising from manual handling, and(c) the working environment is designed to be, as far as reasonably practicable and to the extent that it is within the employer’s control, consistent with the safe handling of objects.(2) If it is not reasonably practicable to eliminate a risk arising from manual handling, an employer must design the work activity involving manual handling to control the risk and, if necessary, must:(a) modify the design of the objects to be handled or the work environment (to the extent that it is under the employer’s control), taking into account work design and work practices, and(b) provide mechanical aids or, subject to subclause (3), make arrangements for team lifting, or both, and(c) ensure that the persons carrying out the activity are trained in manual handling techniques, correct use of mechanical aids and team lifting procedures appropriate to the activity.(3) An employer must, as far as reasonably practicable, achieve risk control by means other than team lifting.Maximum penalty: Level 4.
An employer, in carrying out a risk assessment in accordance with Chapter 2 in relation to manual handling, must take into consideration (where relevant) the following factors:(a) actions and movements (including repetitive actions and movements),(b) workplace and workstation layout,(c) working posture and position,(d) duration and frequency of manual handling,(e) location of loads and distances moved,(f) weights and forces,(g) characteristics of loads and equipment,(h) work organisation,(i) work environment,(j) skills and experience,(k) age,(l) clothing,(m) special needs (temporary or permanent),(n) any other factors considered relevant by the employer, the employees or their representatives on health and safety issues.
Part 4.5 Long distance truck driver fatigue
In this Part:activities of a person include anything done or omitted to be done by the person, anything done or omitted to be done under the terms of a contract to which the person is a party, anything done or omitted to be done by the person’s employee or agent in the course of his or her employment or agency and anything done or omitted to be done in accordance with a work practice over which the person has control.
carrier means a person who in the course of the person’s business (including a business carried on under a franchise or other arrangement) transports freight for another person by means of a motor vehicle.
combination means a group of vehicles consisting of a motor vehicle connected to one or more vehicles.
consignee means a person to whom a consignment of freight is to be delivered, being a person who carries on business of which a substantial part is prescribed business.
consignor means a person from whom a consignment of freight is to be delivered, being a person who carries on business of which a substantial part is prescribed business.
contract includes a series of contracts.
driver fatigue management plan means a plan that sets out how the person required to prepare the plan will meet its obligations under the Act and this Regulation in relation to any risk associated with the fatigue of drivers that transport freight long distance.
freight includes goods, materials, livestock or any other things, but does not include persons.
GVM has the same meaning as in the Road Transport (Vehicle Registration) Act 1997.
head carrier means a carrier other than a self employed carrier.
heavy truck means:
(a) a motor vehicle with a GVM over 4.5 tonnes, or(b) a motor vehicle forming part of a combination if the total of the GVMs of the vehicles in the combination is over 4.5 tonnes.motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
prescribed business means business that falls within one or more of the following Divisions recognised in the Australian and New Zealand Standard Industrial Classification (ANZSIC), 1993 edition (Australian Bureau of Statistics publication, Catalogue No 1292.0):
(a) Agriculture, Forestry and Fishing (Division A),(b) Mining (Division B),(c) Manufacturing (Division C),(d) Construction (Division E),(e) Wholesale Trade (Division F),(f) Retail Trade (Division G),(g) Accommodation, Cafes and Restaurants (Division H),(h) Transport and Storage (Division I),(i) Communication Services (Division J),(j) Property and Business Services (Division L),(k) Cultural and Recreational Services (Division P).self-employed carrier means:
(a) a partnership that carries on business as a carrier, being a business in which any heavy truck used for the transport of freight is driven only by a partner of the business, or(b) a body corporate that carries on business as a carrier, being a business in which any heavy truck used for the transport of freight is driven only by:(i) a director of the body corporate or a member of the family of a director of the body corporate, or(ii) a person who, together with the members of his or her family, has a controlling interest in the body corporate, or(iii) a member of the family of a person who, together with the members of his or her family, has a controlling interest in the body corporate, or(c) an individual who carries on business as a carrier, being a business in which any heavy truck used for the transport of freight is driven only by the individual.Note. The classes of persons that are taken to be self-employed carriers for the purposes of this Part are based on those specified in section 309 of the Industrial Relations Act 1996.transport freight long distance means transport freight by means of a heavy truck (whether by means of a single journey or a series of journeys) more than 500 kilometres, including any part of the journey or journeys where no freight is transported because the heavy truck is being driven to collect freight or to return to base after transporting freight.
81B Duty to assess and manage fatigue of drivers
(1) An employer must not cause or permit any of its employees to transport freight long distance unless:(a) the employer has assessed the risk of harm from fatigue to the employee’s health or safety in doing so, and(b) to the extent to which the employer’s activities contribute to that risk:(i) the employer has eliminated the risk, or(ii) if elimination of the risk is not reasonably practicable, the employer has controlled the risk.Maximum penalty: Level 4.
Note. Employers of drivers are also covered by clauses 10 and 11 of this Regulation. Clause 11 provides that an employer must eliminate any reasonably foreseeable risk to the health or safety of any employee of the employer or if it is not reasonably practicable to eliminate the risk, then the employer must control the risk.(2) A head carrier must not enter into a contract with a self-employed carrier under which the self-employed carrier undertakes to transport freight long distance unless:(a) the head carrier has assessed the risk of harm from fatigue to the health or safety of any driver who transports freight long distance under the contract, and(b) to the extent to which the head carrier’s activities contribute to that risk:(i) the head carrier has eliminated the risk, or(ii) if elimination of the risk is not reasonably practicable, the head carrier has controlled the risk.Maximum penalty: Level 4.
(3) A consignor or consignee must not enter into a contract with a self-employed carrier under which the self-employed carrier undertakes to transport freight long distance unless:(a) the consignor or consignee has assessed the risk of harm from fatigue to the health or safety of any driver that transports freight long distance under the contract, and(b) to the extent to which the consignor or consignee’s activities contribute to that risk:(i) the consignor or consignee has eliminated the risk, or(ii) if elimination of the risk is not reasonably practicable, the consignor or consignee has controlled the risk.Maximum penalty: Level 4.
81C Duty of consignors and consignees to make inquiries as to likely fatigue of drivers
A consignor or consignee must not enter a contract with a head carrier for the transport of freight long distance unless the consignor or consignee has satisfied itself on reasonable grounds:(a) that any delivery timetable is reasonable as regards the fatigue of any driver transporting freight long distance under the contract, taking into account industry knowledge of a reasonable time for the making of such a trip (including loading, unloading and queuing times), and(b) that each driver who will transport freight long distance under the contract is covered by a driver fatigue management plan.Maximum penalty: Level 4.
81D Driver fatigue management plans
(1) An employer (other than a self-employed carrier) must prepare a driver fatigue management plan for all its employees who are drivers who, in the course of their employment, transport freight long distance.Maximum penalty: Level 3.
(2) A head carrier that enters into a contract with a self-employed carrier under which the self-employed carrier undertakes to transport freight long distance must prepare a driver fatigue management plan for all drivers who transport freight long distance under the contract.Maximum penalty: Level 3.
(3) A consignor or consignee that enters into a contract with a self-employed carrier under which the self-employed carrier undertakes to transport freight long distance must prepare a driver fatigue management plan for all drivers who transport freight long distance under the contract.Maximum penalty: Level 3.
(4) A driver fatigue management plan prepared under this clause must address each of the following matters to the extent to which they may affect driver fatigue:(a) trip schedules and driver rosters, taking into account the following:(i) times required to perform tasks safely,(ii) times actually taken to perform tasks,(iii) rest periods required to recover from the fatigue effects of work,(iv) the cumulative effects of fatigue over more than one day,(v) the effect of the time of day or night on fatigue,(b) management practices, including the following:(i) methods for assessing the suitability of drivers,(ii) systems for reporting hazards and incidents,(iii) systems for monitoring driver’s health and safety,(c) work environment and amenities,(d) training and information about fatigue that is provided to drivers,(e) loading and unloading schedules, practices and systems, including queuing practices and systems,(f) accidents or mechanical failures.(5) A person who is required to prepare a driver fatigue management plan may amend or replace the plan at any time.(6) A person who is required to prepare a driver fatigue management plan:(a) must consult in accordance with Division 2 of Part 2 of the Act during the preparation of the plan and at each time the person proposes to amend or replace the plan (except if the proposed amendment or replacement would only change the effect of the plan in a minor way), and(b) must ensure that the person’s activities are consistent with that plan, and(c) must make a copy of the plan available to each driver covered by the plan.Maximum penalty: Level 1.
81E Application of Part to consignors and consignees and their agents
(1) Clauses 81B (3), 81C and 81D (3) apply to an agent or other person acting on behalf of a consignor or consignee in the same way as they apply to a consignor or consignee.(2) If an offence under clause 81B (3), 81C or 81D (3) is committed by an agent or other person acting on behalf of a consignor or consignee, the consignor or consignee is also guilty of the offence.(3) Clauses 81B (3), 81C and 81D (3) do not apply to or in respect of either of the following:(a) a consignor or consignee that employs fewer than 200 employees (including persons carrying out work for the consignor or consignee under labour hire arrangements),(b) an agent or other person acting on behalf of a consignor or consignee referred to in paragraph (a).
(1) A person who is required to prepare a driver fatigue management plan is to keep the following documents:(a) all driver fatigue management plans prepared by the person,(b) all contracts entered into in the course of the person’s business (including any contracts of employment) that relate to the transportation of freight long distance,(c) all trip schedules, delivery timetables and driver rosters prepared by or on behalf of the person or to which the person has access, but only for those drivers for whom the person was required to prepare a driver fatigue management plan,(d) any risk assessments made by or on behalf of the person that relate to the fatigue of drivers of heavy trucks.Maximum penalty: Level 1.
(2) A person who is required to be satisfied of the matters set out in clause 81C is to keep all documents that the person relied on to be satisfied of those matters including the relevant contract and any relevant trip schedules, delivery timetables and driver rosters to which the person has access.Maximum penalty: Level 1.
(3) Despite subclauses (1) and (2), a person:(a) is not required to keep a driver fatigue management plan or a contract for more than 5 years after the plan or contract ceases to have effect, and(b) is not required to keep a trip schedule, delivery timetable or driver roster for more than 5 years after the end of the period covered by the schedule, timetable or roster, and(c) is not required to keep a risk assessment for more than 5 years after the assessment is made, and(d) is not required to keep any document that is required to be kept under subclause (2) for more than 5 years after the relevant contract ceases to have effect.(4) For the purposes of this clause, if a document is amended in a material way, each version of the document as amended is to be dealt with as a separate document.(5) A person who is required to keep documents under this clause must make those documents available for inspection by an inspector or an authorised representative in accordance with a request by the inspector or authorised representative and, in any event, no later than 7 days after the date of the request.Maximum penalty: Level 1.
(6) In this clause:authorised representative means an authorised representative within the meaning of Division 3 of Part 5 of the Act who is exercising functions under that Division.