Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 20 May 2013 at 05:47)

Division 1 Preliminary

264A   Definitions

Note. The definitions in this clause are for the purpose of the issue and use of licences under this Part only and do not limit or affect any definitions of similar terms in other Parts of the Regulation.
(1)  In this Part:

boiler means a boiler within the meaning of AS 2593—1995 Boilers—Unattended and limited attendance but does not include the following:

(a)  a boiler identified in Table 1.1 in that Australian Standard as belonging to Attendance category 3 (Unattended Operation) or category 4 (Low Hazard),
(b)  a hot drink dispenser with an internal volume of 0.014 cubic metres or less and a heat input of 5 kilowatts or less and a maximum working pressure of 210 kilopascals or less,
(c)  a liquid heating unit where the liquid is intended to be heated under a pressure above atmospheric pressure and to a temperature not greater than 1 degree below the normal atmospheric boiling point of the liquid,
(d)  a boiler of the Hobby Miniature Locomotive type, manufactured from steel and with an internal volume of 50 litres or less, or manufactured from copper and with an internal volume of 25 litres or less and a maximum working pressure of 700 kilopascals or less, if during the construction of the locomotive the boiler has been inspected in the manner described in AMBSC Code—Part 1: Copper Boilers or AMBSC Code—Part 2: Steel Boilers, as appropriate, by a person registered with the Australian Miniature Boiler Safety Committee and is certified by that person as having been so inspected,
(e)  a direct-fired process heater,
(f)  a vessel whose design allows it to operate empty of the liquid or vapour that it is designed to heat without adversely affecting its structure or its manner of operation.

corresponding law means any of the following laws:

Occupational Health and Safety Act 1985 of Victoria

Workplace Health and Safety Act 2004 of Queensland

Occupational Health, Safety and Welfare Act 1986 of South Australia

Occupational Safety and Health Act 1984 of Western Australia

Workplace Health and Safety Act 1995 of Tasmania

Workplace Health and Safety Act 2007 of the Northern Territory

Scaffolding and Lifts Act 1912 and Machinery Act 1949 of the Australian Capital Territory

crane means an appliance intended for raising or lowering a load, and moving it horizontally, but does not include:

(a)  any industrial lift-truck, earthmoving machinery, amusement structure, tractor, industrial robot or lift, or
(b)  any front-end loader, backhoe, excavator or similar plant configured for operation as a crane, or
(c)  any non-slewing mobile crane with a capacity of 3 tonnes or less or used only for towing vehicles.

dogging means:

(a)  the application of slinging techniques, including the selection or inspection of lifting gear, to safely sling a load, or
(b)  the directing of a crane operator or hoist operator in the movement of a load when the load is out of the operator’s view.

fork-lift truck means a powered industrial truck equipped with a mast and elevating load carriage to which is attached a pair of fork arms or other loadholding attachment but does not include any pedestrian-operated fork-lift truck or a pallet truck capable of providing a maximum lift not exceeding 225 millimetres.

high risk work—see clause 264B.

hoist means an appliance intended for raising or lowering a load or personnel and includes a mast-climbing work platform, a personnel and materials hoist and a slip form or jump form, but does not include a lift.

licence means a licence issued by WorkCover in accordance with the National Standard authorising a person to perform one or more classes of high risk work.

loadshifting machine means a fork-lift truck or order picking fork-lift truck.

materials platform hoist means a powered builder’s hoist by which only goods or materials (and not people) may be hoisted by means of a car, bucket or platform cantilevered from, and travelling up and down externally to, the face of a structure.

mobile crane means a crane that forms part of a vehicle.

National Standard means the National Standard for Licensing Persons Performing High Risk Work (April 2006) prepared by the Commonwealth, as in force from time to time.

notice of satisfactory assessment means a notice of satisfactory assessment issued under clause 264L or a record of assessment issued under a corresponding law that, in WorkCover’s opinion, is equivalent to such a notice of satisfactory assessment.

personnel and materials hoist means a powered builder’s hoist, comprising a car, structure, machinery or other associated equipment, by which people, goods or materials may be hoisted, and includes a cantilever hoist, a tower hoist, a multiple-winch assembly or winches configured for operation as a hoist for the movement of people.

power crane means any crane driven by other than manual power.

power hoist means any hoist driven by other than manual power.

recognised qualification—see clause 264E.

registered training organisation or RTO means a training organisation registered by a State or Territory registering body in accordance with the Australian Quality Training Framework.

rigging means the exercising of direct control of the movement of equipment and associated gear necessary for the purpose of:

(a)  setting up or dismantling a crane or hoist, or similar plant configured for operation as a crane or hoist, or
(b)  placing or securing plant or a load relating to, and including the structural members of, a building or structure, or
(c)  ensuring the stability of the structural members of a building or structure.

scaffolding means the erection, alteration or dismantling of temporary structures that are specifically erected to support platforms, but does not include the erection, alteration or dismantling of any such structure if the maximum distance a person or object could fall from the structure is less than 4 metres.

self-erecting tower crane means a tower crane:

(a)  whose erection and dismantling processes are an inherent part of the crane’s function, and
(b)  that has a tower element and a boom or jib element that ordinarily remain fully assembled and part of the crane during transport from one place to another place.

State or Territory registering body means:

(a)  the Vocational Education and Training Accreditation Board constituted by the Vocational Education and Training Act 2005, or
(b)  the body responsible for the accreditation of vocational courses under a corresponding law.

supervisor means a person who:

(a)  holds a licence or recognised qualification directly relevant to the high risk work being supervised, and
(b)  is working under the supervision of, or in partnership with, an RTO.

trainee, in relation to high risk work, means an unqualified person who is engaged in a course of training for that kind of work and who is of or above the age of 17 years.

unqualified person, in relation to a kind of high risk work, means a person who does not hold a licence or recognised qualification in relation to that work.

(2)  A locomotive containing a boiler that is exempt from the definition of boiler in subclause (1) under paragraph (d) of that definition must be in the charge of a person of or above the age of 18 years whenever it is operated.

Maximum penalty: Level 3.

264B   High risk work

For the purposes of this Part, high risk work means work of a kind listed under the subheadings in the following Schedule:

Schedule of work for which qualifications are required

Scaffolding

1.1  Basic scaffolding, consisting of scaffolding work connected with the operation or use of plant including:
(a)  modular or prefabricated scaffolds, and

(b)  cantilevered materials hoists with a maximum working load of 500 kilograms, and

(c)  ropes and gin wheels, and

(d)  safety nets and static lines, and

(e)  bracket scaffolds (tank and formwork).

1.2  Intermediate scaffolding, consisting of all basic scaffolding together with other scaffolding work connected with the operation or use of plant including:
(a)  cantilevered crane-loading platforms, and

(b)  cantilevered and spurred scaffolds, and

(c)  barrow ramps and sloping platforms, and

(d)  perimeter safety screens, fences and shutters, and

(e)  mast climbers, and

(f)  tube and coupler scaffolds (including tube and coupler covered ways and gantries).

1.3  Advanced scaffolding, consisting of all intermediate scaffolding together with all other scaffolding work connected with the operation or use of plant including:
(a)  hung scaffolds, including scaffolds hanging from tubes, wire ropes or chains, and

(b)  suspended scaffolds.

Rigging

2.1  Dogging, consisting of the application of slinging techniques to move a load (including the selection and inspection of lifting gear) or the directing of a crane or hoist operator in the movement of a load when the load is out of the view of the crane or hoist operator.

2.2  Basic rigging, consisting of dogging and rigging work connected with the erection, movement or placement of plant or materials including:
(a)  movement of plant and equipment, and

(b)  steel erection, and

(c)  hoists (including mast-climbing hoists), and

(d)  placement of pre-cast concrete, and

(e)  safety nets and static lines, and

(f)  perimeter safety screens and shutters, and

(g)  cantilevered crane-loading platforms.

2.3  Intermediate rigging, consisting of all basic rigging together with other rigging work connected with the erection, movement or placement of plant or materials including:
(a)  load-equalising gear, and

(b)  cranes, conveyors, dredges and excavators, and

(c)  tilt slabs, and

(d)  hoists with jibs and self-climbing hoists, and

(e)  demolition, and

(f)  dual lifts.

2.4  Advanced rigging, consisting of all intermediate rigging together with all other rigging work connected with the erection, movement or placement of plant or materials including:
(a)  gin poles and shear legs, and

(b)  flying foxes and cableways, and

(c)  guyed derricks and structures, and

(d)  suspended and fabricated hung scaffolds.

Crane and hoist operation

3.1  Operation and use of a tower crane (other than a self-erecting tower crane).

3.2  Operation and use of a self-erecting tower crane.

3.3  Operation and use of a derrick crane.

3.4  Operation and use of a portal boom crane.

3.5  Operation and use of a bridge or gantry crane (other than one that is remotely controlled and has 3 or fewer powered operations).

3.6  Operation and use of a vehicle-loading crane with a capacity of 10 metre tonnes or more.

3.7  Operation and use of a non-slewing mobile crane with a capacity of greater than 3 tonnes.

3.8.1  Operation and use of a slewing mobile crane with a capacity of up to and including 20 tonnes.

3.8.2  Operation and use of a slewing mobile crane with a capacity of up to and including 60 tonnes.

3.8.3  Operation and use of a slewing mobile crane with a capacity of up to and including 100 tonnes.

3.8.4  Operation and use of a slewing mobile crane with a capacity of more than 100 tonnes.

3.9  Operation and use of a materials hoist.

3.10  Operation and use of a personnel and materials hoist.

3.11  Operation and use of a boom-type elevating work platform with a boom 11 metres or more in length.

3.12  Operation and use of a vehicle-mounted concrete-placing boom.

Operation and use of fork-lift trucks

4.1  Operation and use of a fork-lift truck.

4.2  Operation and use of an order picking fork-lift truck.

Operation of pressure equipment

5.1  Basic boiler operation, consisting of the operation or use of any boiler whose operation relies on:
(a)  a single fixed combustion air supply, and

(b)  a non-modulating single heat source, and

(c)  a fixed firing rate.

5.2  Intermediate boiler operation, consisting of basic boiler operation together with the operation or use of any other boiler whose operation relies on:
(a)  a modulating combustion air supply, or

(b)  a modulating heat source, or

(c)  a superheater, or

(d)  an economiser.

5.3  Advanced boiler operation, consisting of intermediate boiler operation together with the operation or use of any other boiler whose operation relies on multiple fuel types that may be fired simultaneously. This does not include boilers that change fuel type during start sequence. For the purposes of this paragraph, a boiler that relies on multiple fuel types means a boiler that is fired using at least two of the following fuel types:
(a)  gas,

(b)  liquid fuel, including oil and diesel fuel,

(c)  solid fuel, including coal (including pulverised coal), briquettes, coke, wood (including wood chips) or any other type of solid fuel.

5.4  Operation and use of a steam turbine that is multi-wheeled or capable of a speed exceeding 3,600 rpm or a steam turbine that relies for its operation on:
(a)  attached condensers, or

(b)  a multi-stage heat extraction process,

      except a steam turbine that produces a power output of less than 500 kilowatts.

5.5  Operation and use of a reciprocating steam engine containing a piston of 250 millimetres or more in diameter, including expanding (steam) reciprocating engines.

264C   Application of Part

(1)  This Part applies to high risk work.
(2)  This Part applies only if that work is work as an employee or self-employed person.
(3)  Despite subclause (1), this Part does not apply to high risk work listed in item 4.1 or 4.2 of the Schedule to clause 264B when carried out at a mining workplace that is a mine, or at a coal workplace.

264D   Manner of giving written notice

If any provision of this Part requires a written notice to be given to a person or served on a person, it may be:
(a)  given to the person personally, or
(b)  sent to the person by post to the person’s last known address which, if the person has provided WorkCover with his or her address, may be the address so provided.

264E   Recognised qualifications

(1)  A qualification obtained in another State or Territory that is approved by WorkCover for the purposes of this clause is recognised for the purpose of this Part in relation to high risk work.
Note. Clause 264ZB provides that certificates of competency issued under Part 9.1 are taken to be licences in certain circumstances.
(2)  A qualification does not have any force for the purposes of this Part while it is suspended or after it has been cancelled.
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