1 Name of Regulation
2 Commencement
3 Definitions
4 Application of Regulation
5 Meaning of “control” of risks
6 Application of provisions providing for alternative duties if primary duty not reasonably practicable
7 Application of provisions of Part 2 of the Act (relating to general duties of certain persons) to persons having duties under this Regulation
8 Responsibilities held by more than one responsible person
Chapter 2 Places of work—risk management and other matters
Note
9 Employer to identify hazards
10 Employer to assess risks
11 Employer to eliminate or control risks
12 Employer to review risk assessments and control measures
13 Employer to provide instruction, training and information
14 Employer to provide supervision
15 Provision by an employer of personal protective equipment
16 Employer to obtain information
17 Employer to provide for emergencies
18 Employer to provide amenities
19 Maintenance of amenities and accommodation
20 Employer to provide first aid facilities and personnel
Chapter 3 Workplace consultation
Note
21 Definitions
22 Setting up consultation arrangements (section 15 (f) of the Act)
23 Workgroups represented by OHS committees or OHS representatives
24 Minimum requirements for OHS committees
25 Minimum requirements for election of OHS representatives
26 Other agreed arrangements (sections 16 (c) and 17 (3) of the Act)
27 Related obligations of employer with respect to duty to consult
28 Employees to disclose certain matters
29 Procedure for resolving matter that may be risk to health and safety
30 Additional functions of OHS committees and OHS representatives (section 18 (d) of the Act)
31 Training to be undertaken by members of OHS committees and OHS representatives
32 Savings and transitional arrangements
Chapter 4 Work premises and working environment
Note
33 Definitions (and application of certain provisions)
Note
Division 1 General duties of controllers of premises
34 Controller of premises to identify hazards
35 Controller of premises to assess risks
36 Controller of premises to eliminate or control risks
37 Controller of premises to review risk assessments and control measures
38 Controller of premises to provide information
39 Fall prevention—particular risk control measures
40 Application
41 Electricity—particular risk control measures
42 Definitions
43 Asbestos—risk assessment and control
44 Record keeping—register of asbestos
Part 4.3 Use of places of work
Note
45 Working space—particular risk control measures
46 Lighting—particular risk control measures
47 Hot working environments—particular risk control measures
48 Cold working environments—particular risk control measures
49 Noise management—particular risk control measures
50 Definitions
51 Atmospheric contaminants—particular risk control measures
52 Unsafe levels of oxygen—risk control measures
53 Ventilation—particular risk control measures
54 Entry protection—contaminated atmosphere or unsafe levels of oxygen
55 Atmospheric monitoring
56 Prevention of falls from heights—particular risk control measures
57 Falling objects—particular risk control measures
58 Scaffolding—particular risk control measures
59 Lifts—particular risk control measures
60 Brittle or fragile roofs—particular risk control measures
61 Building maintenance—particular risk control measures
62 Fire and explosion—particular risk control measures
63 Application
64 Electricity—particular risk control measures
65 Maintenance of records—electricity
Division 9 Working in confined spaces
66 Definitions
67 Application
68 Entry to or work in or on confined space—particular risk control measures
69 Isolation or control of potentially hazardous services—particular risk control measures
70 Purging before entry—particular risk control measures
71 Safety of atmosphere—particular risk control measures
72 Entry permits—particular risk control measures
73 Stand-by persons—particular risk control measures
74 Emergencies—particular risk control measures
75 Entry protection—particular risk control measures
76 Atmospheric testing and monitoring—particular risk control measures
77 Training
78 Record keeping
Note
79 Definition
80 Employer to control risks
81 Assessment of risks
Part 4.5 Long distance truck driver fatigue
81A Definitions
81B Duty to assess and manage fatigue of drivers
81C Duty of consignors and consignees to make inquiries as to likely fatigue of drivers
81D Driver fatigue management plans
81E Application of Part to consignors and consignees and their agents
81F Records
Note
82 Definitions
83 Plant affecting public safety
Part 5.2 Design, manufacture and registration of plant
Note
84 Application
85 Manufacturers and importers of plant designed outside the State to ensure that designer’s responsibilities are met
86 Designer to identify hazards
87 Designer to assess risks
88 Designer to review risk assessment
89 Designer to control risks
90 Guarding—particular risk control measures
91 Operational controls—particular risk control measures
92 Emergency stops and warning devices—particular risk control measures
93 Design of powered mobile plant—particular risk control measures
94 Mandatory design standards—particular risk control measures
95 Specifying work systems and operator competencies—particular risk control measures
96 Designer to provide information
97 Designer to obtain information
Division 2 Manufacture of plant
Note
98 Application
99 Importers of plant manufactured outside the State to ensure that manufacturer’s responsibilities are met
100 Manufacturer to identify hazards
101 Manufacturer to assess risks
102 Manufacturer to review risk assessment
103 Manufacturer to control risks
104 Manufacture of powered mobile plant—particular risk control measures
105 Manufacturer to provide information
106 Manufacturer to obtain information
Division 3 Registration of plant
Note
Subdivision 1 Registration of plant design
107 Application for registration of plant design
108 WorkCover may request further information
109 Processing of application by WorkCover
110 Cancellation of design registration in certain circumstances
111 Design registration number to be provided to certain persons
112 Registration under equivalent law
Subdivision 2 Registration of items of plant
113 Application for registration of item of plant
114 Additional requirements for application to register amusement device
115 Processing of application by WorkCover
116 Cancellation of registration of item of plant in certain circumstances
117 Automatic cancellation of registration
118 Renewal of registration
119 Registration under equivalent law
Note
120 Application
Division 2 Sale or transfer of plant
121 Seller or transferor to control risks
122 Seller or transferor to provide information
123 Seller or transferor to obtain information
Division 3 Hiring or leasing plant
Note
124 Hirer or lessor to identify hazards
125 Hirer or lessor to assess risks
126 Hirer or lessor to review risk assessment
127 Hirer or lessor to control risks
128 Maintenance, repair, testing and cleaning of plant—particular risk control measures
129 Plant under pressure—particular risk control measures
130 Powered mobile plant—particular risk control measures
131 Hirer or lessor to keep records
132 Hirer or lessor to provide information
133 Hirer or lessor to obtain information
Note
134 Application
135 Installation, erection and commissioning of plant—particular risk control measures
136 Use of plant—registration requirements and particular risk control measures
137 Maintenance and repair of plant—particular risk control measures
138 Dismantling, storage and disposal of plant—particular risk control measures
139 Use of amusement devices—particular risk control measures
140 Plant under pressure—particular risk control measures
141 Powered mobile plant—particular risk control measures
142 Plant designed to lift or move—particular risk control measures
143 Employer to keep records
144 Employer to provide information
Chapter 6 Hazardous substances
Note
145 Definitions
146 Application
147 Exclusion of certain substances
Part 6.2 Manufacture of hazardous substances
Note
148 Application
149 Manufacturer to identify hazardous substances
150 Manufacturer to prepare material safety data sheet
151 Manufacturer to provide MSDS
152 Manufacturer to disclose ingredients to medical practitioner
153 Manufacturer to disclose ingredients to other persons
Part 6.3 Supply of hazardous substances
Note
154 Application
Division 2 Supply of hazardous substances generally
155 Supplier to provide MSDS
156 Supplier to ensure hazardous substances are labelled
157 Supplier to provide other information
Division 3 Supply of carcinogenic substances—particular provisions
158 Definitions
159 Supply of carcinogenic substances
160 Supplier to keep records of supply of carcinogenic substances
Part 6.4 Use of hazardous substances
161 Application
162 Employer to obtain MSDS
163 Employer to ensure containers are labelled
164 Use of hazardous substances
165 Employer to provide health surveillance
166 Medical practitioner to notify results of health surveillance
167 Employer to keep register of hazardous substances
168 Employer to record risk assessments
169 Employer to keep record of employees exposed to carcinogenic substances
170 Employer to provide statement to employees exposed to carcinogenic substances
171 Employer to retain certain material as record
172 Medical practitioner to retain records
173 Employer to identify hazardous substances in enclosed systems
174 Employer to provide information to WorkCover and emergency services
Note
174A Meaning of “dangerous goods”
174B Definitions
174C Dangerous goods to which section 135A of the Act applies
174D Application of Chapter
174E Non-application of Chapter
Part 6A.2 Manufacture, import and supply of dangerous goods
Note
174F Application—importers to ensure manufacturers’ responsibilities are met
174G Manufacturer to identify dangerous goods
174H Packing and labelling by manufacturer
174I Restrictions on supply
Division 2 Material safety data sheets
174J Manufacturer to prepare material safety data sheet
174K Manufacturer to provide MSDS
174L Manufacturer to disclose ingredients to medical practitioner
174M Supplier to provide MSDS
Part 6A.3 Obligations of occupiers
174N Definitions
Division 2 Hazard identification and risk assessment
174O Duties in relation to dangerous goods
174P Extension of hazard identification and risk assessment provisions
174Q Risk assessment
Division 3 Particular risk control measures
Subdivision 1 Stability and interaction with dangerous goods
174R Stability of dangerous goods
174S Separation of dangerous goods
174T Preventing interaction with other substances
174U Ignition sources in hazardous areas
174V Atmospheric emissions
174W Preventing contamination of food and personal products
174X Containers for dangerous goods in bulk
174Y Containment of spills
174Z Transfer of dangerous goods
174ZA Impact protection
Subdivision 2 Preparedness for emergencies
174ZB Fire protection
174ZC Planning for emergencies
Subdivision 3 Safety equipment and safe access
174ZD Safety equipment
174ZE Safe access
Subdivision 4 Plant, equipment and containers
174ZF Cleaning or decommissioning plant, equipment and containers
Subdivision 5 Provision of information
174ZG Occupier to obtain MSDS
174ZH Occupier to ensure containers are labelled and enclosed systems are identified
174ZI Commencement of Subdivision
174ZJ Outer warning placards
174ZK Other placarding requirements
174ZL Different location permitted
174ZM Revision
174ZN Manifest to be maintained
Subdivision 8 Serious incidents and other incidents
Note
174ZO Response to serious incidents and other incidents
174ZP Investigation of serious incidents and other incidents
174ZQ Risk assessment and control following serious incidents and other incidents
174ZR WorkCover may request information
174ZS Notification to WorkCover
174ZT Security at premises
174ZU Lighting
Part 6A.4 Obligations of employers
174ZV Employer to retain records of induction and training
174ZW Employer to keep register of dangerous goods
174ZX Employer to record risk assessments
Part 6A.5 Specific provisions applying to all dangerous goods to which section 135A of Act applies
174ZY Application
174ZZ Self-service fuel dispensing units
174ZZA Fuel dispensing units generally
174ZZB Positioning of liquefied gas cylinders
174ZZC Valves
174ZZD Filling of balloons and other containers
174ZZE Decommissioning of LPG tanks
Note
175 Definitions
176 Application
177 Spray painting in spray booths—particular risk control measures
178 Spray painting outside spray booths—particular risk control measures
179 Electrostatic spray painting—particular risk control measures
180 Definitions
181 Application
182 Abrasive blasting—particular risk control measures
183 Supply of respirators and personal protective equipment
184 Control of substances used in abrasive blasting
185 Definition
186 Application
187 Exposure to atmospheric contaminants and other hazards—particular risk control measures
188 Supply of respirators
189 Ultraviolet radiation—particular risk control measures
190 Definition
191 Application
192 Exposure to atmospheric contaminants and other hazards—particular risk control measures
193 Labelling of containers
194 Cyanide—particular risk control measures
195 Definitions
196 Application
197 Atmospheric contaminants and other hazards—particular risk control measures
198 Exposure to radiation—particular risk control measures
Part 7.6 Lead processes and lead risk work
199 Definitions
200 Application
201 Employer to control risks from lead
202 Biological monitoring and health surveillance
203 Employer to remove certain employees from lead risk work
204 Pregnant or breastfeeding employee to advise employer
Note
205 Definitions
206 Application
207 Electrical work on electrical installations—safety measures
208 Electrical testing on electrical installations—safety measures
Note
209 Definitions
210 Appointment of principal contractor
211 Cost of construction work
Part 8.2 OHS induction training—construction work
Note
212 Definitions
213 Principal contractors to ensure that OHS induction training undertaken
214 Employers to ensure OHS induction training undertaken
215 Self-employed persons to undergo OHS induction training
215A Holder of OHS induction training certificate to produce certificate
216 Meaning of “OHS induction training”
217 General health and safety induction training
217A Accreditation of individuals to conduct OHS induction training
218 Work activity based health and safety induction training
219 Site specific health and safety induction training
220 Statements of OHS induction training
220A OHS induction training certificates
220B Replacement of lost, stolen, damaged or destroyed OHS induction training certificates
220C Cancellation of OHS induction training certificates
221 Savings relating to construction work experience
222 Lapsing of currency of OHS training and OHS training statements
223 Principal contractors and employers to keep records
Part 8.3 Special workplace arrangements for construction work
Note
224 Definition
225 Responsibilities of contractors to be in addition to responsibilities as employers
226 Responsibility of principal contractor to prepare an OHS management plan
227 Responsibility to provide safe work method statements—principal contractor and sub-contractors
228 Responsibility of principal contractor to keep register of hazardous substances
229 Responsibilities of sub-contractors
Part 8.4 Control of risks arising during construction work
230 Application
231 Overhead protective structures—particular risk control measures
232 Safe means of lowering materials—particular risk control measures
233 Formwork—particular risk control measures
234 Prevention of structural collapse—particular risk control measures
235 Site security—particular risk control measures
236 Use of compressed air—particular risk control measures
237 Laser work
Part 8.5 Excavation work—particular provisions
238 Definition
239 Application
240 Protection of stability of excavation work—particular risk control measures
241 Potential risks arising from excavation work—particular risk control measures
242 Regular inspection mandatory for excavations of 1 metre or more—particular risk control measures
243 Caissons and cofferdams—particular risk control measures
244 Supervision
245 Safe access and egress
Part 8.6 Demolition work—particular provisions
246 Definitions
247 Work to be done in accordance with Australian Standard and this Part
248 Investigations
249 Carrying out demolition work
250 Working in or below building being demolished
251 Buildings adjacent to public places
252 Demolition within confines of building
253 Overhead protective structures
254 Scaffolding
255 Demolition of chimney stacks
256 Notification of dangerous work
Part 8.7 Asbestos—particular provisions
257 Definitions
258 Application
259 Particular risk control measures
260 Friable asbestos material
261 Monitoring
Part 8.8 Diving work—particular provisions
262 Definition
263 Application
264 Particular risk control measures
Chapter 9 Certification of workers
265 Definitions
266 Scheduled work
267 Application of Part
267A Manner of giving written notice
268 Former authorities
269 Recognised qualifications
Division 2 Work for which certificates of competency or recognised qualifications are required
270 Requirement to be qualified to do scheduled work
271 Exception for trainees
272 Responsibility for providing supervision of trainees
273 Responsible person’s obligations
274 Supervisor’s obligations
275 Trainee’s obligations
276 Exception for holders of notices of satisfactory assessment
277 Exception for maintenance or demonstration
Division 3 Assessment of competency
278 Standards of competency
279 Assessors
280 Applications for assessment
281 Assessment of competency
282 Assessment guidelines
283 Appeals against decisions by assessors
283A Assessment of competency at direction of WorkCover
Division 4 Accreditation of assessors
284 Accreditation of assessors
285 Form of certificates of accreditation
286 Term of accreditation
287 Suspension and cancellation of accreditation
287A Immediate suspension
288 Cancelled certificates of accreditation must be surrendered
Division 5 Issue of certificates of competency
289 Applications for certificates
290 Issue of certificates
291 Conversion of recognised qualifications to certificates of competency
292 Form of certificates
293 Term of certificates
293A Renewal of certificates
294 Replacement of lost, stolen, damaged or destroyed certificates of competency
295 Holder to produce certificate
Division 6 Suspension or cancellation of certificates of competency
296 Suspension or cancellation of certificates
297 Immediate suspension
298 Cancelled certificates must be surrendered
299 Definitions
300 Former certificates of competency
Division 2 Work for which certificates of competency are required
301 Requirement to be qualified to do work to which this Part applies
302 Exception for trainees
303 Responsibility for providing supervision of trainees
304 Responsible person’s obligations
305 Supervisor’s obligations
306 Trainee’s obligations
Division 3 Assessment of competency
307 Assessment of competency
Division 4 Issue of certificates of competency
308 Applications for certificates
309 Issue of certificates
310 Form of certificates
311 Term of certificates
311A Renewal of certificates
312 Replacement of lost, stolen, damaged or destroyed certificates of competency
313 Holder to produce certificate
Division 5 Suspension or cancellation of certificates of competency
314 Suspension or cancellation of certificates
315 Immediate suspension
316 Cancelled certificates must be surrendered
Chapter 10 Licensing of certain businesses
317 Definitions
Part 10.2 Licences required for demolition or asbestos removal work
318 Licensed work not to be carried on without a licence
Part 10.3 Provisions relating to licences
Note
319 Applications for licences
320 Eligibility for licence
321 Determination of applications
322 Notice of refusal
323 Term of licences
324 Licence fees
325 Condition of licence relating to supervision
326 Amendment of conditions of licences
327 Licences to be displayed
328 Suspension or cancellation of licences
329 Cancelled licences to be returned to WorkCover
Part 10.4 Savings and transitional provisions
330 Savings and transitional provisions
Chapter 11 Permits for certain work
331 Definitions
Part 11.2 Permits required for demolition or friable asbestos removal work
332 Demolition work or friable asbestos removal work not to be done without a permit
Part 11.3 Provisions relating to permits
Note
333 Applications for permits
334 Determination of applications
335 Term of permits
336 Amendment of conditions of permits
337 Permits to be displayed
338 Suspension and cancellation of permits
339 Cancelled permits to be returned to WorkCover
Part 11.4 Savings and transitional provisions
340 Savings and transitional provisions
Part 12.1 Notification of accidents and other matters
341 Notification of incidents—additional incidents to be notified
341A How notice of incidents is to be given
342 Variation of obligations under section 86 of the Act—employers to notify WorkCover of incidents
343 Retention of records of notice acknowledgement
Part 12.2 Prescription of additional serious incidents
344 Non-disturbance of places and plant involved in serious incidents—additional serious incidents
Part 12.3 Notifications of proposed work
345 Proposed work in respect of which notice to WorkCover is required
346 WorkCover to be notified of any reviews of risk assessments
347 Exemptions for particular persons on application
348 Exemptions for classes of persons or things
349 Register of exemptions
350 Phasing out of former exemptions
Part 12.5 Reviews of WorkCover decisions
351 Decisions subject to review by the Administrative Decisions Tribunal: section 36 of the Act
Part 12.6 Penalty notice offences
352 Definitions
353 Penalty notice offences and penalties
354 Authorised officers
355 (Repealed)
Part 12.7 Other miscellaneous provisions
356 False or misleading information in applications
357 Additional officers authorised to consent to the institution of proceedings for offences
358 Application of Act to mines and coal workplaces: references to WorkCover
358A Sharing of information between WorkCover and Department of Primary Industries
359 Continuation of former OHS shop provisions
360 Notes
361 Transitional application of sentencing guideline provisions
362 Savings and transitional provisions
Schedule 1 Standards covering design and manufacture of plant
Schedule 3 Savings and transitional provisions
Schedule 4 Application of Regulation to mines
Schedule 4A Application of Regulation to coal workplaces
Schedule 5 Quantities of dangerous goods
Schedule 6 Placarding requirements