Contents (2001 - 648)
Occupational Health and Safety Regulation 2001
Status information

Chapter 1 Preliminary

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
6A Duties to apply so far as is 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

Part 4.1 Preliminary

33 Definitions

Part 4.2 Work premises

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

Division 2 Fall prevention

39 Fall prevention—particular risk control measures

Division 3 Electricity

40 Application
41 Electricity—particular risk control measures

Division 4 Asbestos

42 Definitions
43 Asbestos—risk assessment and control
44 Record keeping—register of asbestos

Part 4.3 Use of places of work

Note

Division 1 Working space

45 Working space—particular risk control measures

Division 2 Lighting

46 Lighting—particular risk control measures

Division 3 Heat and cold

47 Hot working environments—particular risk control measures
48 Cold working environments—particular risk control measures

Division 4 Noise management

49 Noise management—particular risk control measures

Division 5 Atmosphere

49A Application to mining workplaces that are mines and to coal workplaces
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

Division 6 Working at heights

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

Division 7 Fire and explosion

62 Fire and explosion—particular risk control measures

Division 7A Residual current devices (safety switches)

62A Residual current devices—electrical outlet sockets
62B Residual current devices—electrical articles
62C Testing of residual current devices
62D Division extends to controllers of premises
62E Division does not apply to electrical supply authority works
62F Requirements under the Electricity (Consumer Safety) Act 2004

Division 8 Electricity

63 Application
64 Electricity—particular risk control measures
65 Maintenance of records—electricity

Division 9 Working in confined spaces

65A No application to underground parts of mining workplaces or coal workplaces
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

Part 4.4 Manual handling

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

Chapter 5 Plant

Note

Part 5.1 Preliminary

82 Definitions
83 Plant affecting public safety

Part 5.2 Design, manufacture and registration of plant

Division 1 Design 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 Further information may be requested
109 Processing of application
110 Cancellation of design registration in certain circumstances
111 Design registration number to be provided to certain persons
112 Registration under equivalent law
112A Savings concerning coal workplaces

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
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
119A Savings concerning coal workplaces

Part 5.3 Supply of plant

Note

Division 1 Preliminary

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

Part 5.4 Working with plant

Note
134 Application
135 Installation, erection and commissioning of plant—particular risk control measures
136 Use of plant—registration requirements
136A Use of plant—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

Part 6.1 Preliminary

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 person

Part 6.3 Supply of hazardous substances

Note

Division 1 Preliminary

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

Chapter 6A Dangerous goods

Note

Part 6A.1 Preliminary

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

Division 1 General

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

Division 1 Preliminary

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

Subdivision 6 Placards

174ZI Commencement of Subdivision
174ZJ Outer warning placards
174ZK Other placarding requirements
174ZL Different location permitted
174ZM Revision

Subdivision 7 Manifests

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 Information may be requested

Subdivision 9 Notification

174ZS Notification to WorkCover

Subdivision 10 Miscellaneous

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

Chapter 6B Major hazard facilities

Part 6B.1 Preliminary

175 Application
175A Definitions
175B Dangerous goods to which section 135A of the Act applies

Part 6B.2 Hazard identification and risk assessment

175C Extension of hazard identification and risk assessment provisions
175D Regular risk assessments

Part 6B.3 Duties in relation to major hazard facilities

175E Duties in relation to major accidents at major hazard facilities

Part 6B.4 Notification regarding operation of major hazard facilities and potential major hazard facilities

175EA Definition
175F Notification by operators and intended operators of major hazard facilities and potential major hazard facilities
175FA Notification by operators of potential major hazard facilities of material change
175G Content of hazard facility notification
175H WorkCover may request further information
175I Notification of change of operator of major hazard facility or potential major hazard facility
175J Notification assessment fee

Part 6B.5 WorkCover may determine potential major hazard facilities to be major hazard facilities

175K WorkCover may determine a potential major hazard facility to be a major hazard facility

Part 6B.6 Provisional registration and registration of major hazard facilities

Division 1 Major hazard facility must be registered

175L Major hazard facility must be registered or provisionally registered

Division 2 Provisional registration

175M WorkCover may provisionally register major hazard facilities
175N Duration of provisional registration
175O Provisional registration subject to conditions
175P Conditions of provisional registration

Division 3 Registration of major hazard facilities

175Q Application for registration
175R WorkCover may register major hazard facilities
175S Duration of registration
175T Registration subject to conditions
175U Conditions of registration
175V Renewal of registration

Division 4 Provisions relating to both provisional registration and registration of major hazard facilities

175W Suspension and cancellation

Part 6B.7 Duties of employees at major hazard facilities

175X Duties of employees at major hazard facilities

Part 6B.8 Miscellaneous

175Y Recording of major accidents, near misses and security breaches
175Z Security
175ZA Informing, instructing and training employees
175ZB Non-employees at the facility
175ZC Operator to retain records of training
175ZD Records
175ZE Providing relevant information to other authorities
175ZF Co-ordination of plans and reports

Chapter 7 Hazardous processes

Note

Part 7.1 Spray painting

176 Definitions
176A 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

Part 7.2 Abrasive blasting

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

Part 7.3 Welding

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

Part 7.4 Electroplating

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

Part 7.5 Molten metal

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

Part 7.7 Electrical work

Note
205 Definitions
206 Application
207 Electrical work on electrical installations—safety measures
208 Electrical testing on electrical installations—safety measures

Chapter 8 Construction work

Note

Part 8.1 Preliminary

209 Definitions
210 Appointment of principal contractor
211 Cost of construction work

Part 8.2 OHS induction training—construction work

Note
212 Definitions
212A Application to mining workplaces and coal workplaces
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 construction induction training card to produce card
216 OHS induction training
217 Approval of RTO and persons nominated to conduct general induction training
217A (Repealed)
218 Suspension and cancellation of approval
219 (Repealed)
220 Statements of OHS induction training
220A OHS construction induction training cards
220B Replacement of lost, stolen, damaged or destroyed OHS construction induction training cards
220C Cancellation of OHS construction induction training cards
221 Former OHS induction training certificates
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

Part 9.1A Licences for high risk work

Division 1 Preliminary

264A Definitions
264B High risk work
264C Application of Part
264D Manner of giving written notice
264E Recognised qualifications

Division 2 Work for which licences or recognised qualifications are required

264F Requirement to be qualified to do high risk work
264G Exception for trainees
264H Trainee’s obligations—record of training and assessment
264I Exception for holders of notices of satisfactory assessment
264J Exception for maintenance or demonstration

Division 3 Assessment of competency

264K Applications for assessment
264L Assessment of competency
264M Assessment guidelines
264N Appeals against the outcome of assessments
264O Assessment of competency at direction of WorkCover

Division 4 Approval of registered training organisations

264P Approval of RTO and persons nominated as providers of high risk work assessments
264Q Suspension and cancellation of approval

Division 5 Issue of licences

264R Applications for licences
264S Issue of licences
264T Form of licences
264U Term of licences
264V Renewal of licences
264W Replacement of lost, stolen, damaged or destroyed licences
264X Holder to produce licence

Division 6 Suspension or cancellation of licences

264Y Suspension or cancellation of licences
264Z Immediate suspension
264ZA Cancelled licences must be surrendered

Division 7 Savings and transitional provision

264ZB Saving of certain certificates of competency

Part 9.1 Certificates of competency for pesticides, fumigants and certain loadshifting machines

Division 1 Preliminary

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 (Repealed)
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 (Repealed)
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

Part 9.2

299–316(Repealed)

Chapter 10 Licensing of certain businesses

Part 10.1 Preliminary

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 or renewals
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

330(Repealed)

Chapter 10A Registration of clothing factories

Part 10A.1 Preliminary

330A Definitions

Part 10A.2 Registration

330B Clothing factories to be registered
330C Registration of clothing factories
330D Change in use of clothing factory or in occupier details
330E Replacement certificate
330F Certificate of registration to be displayed

Part 10A.3 Miscellaneous

330G Manner of giving applications and notices
330H Public register

Part 10A.4 Savings and transitional provisions

330I Savings and transitional provisions

Chapter 11 Permits for certain work

Part 11.1 Preliminary

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

Chapter 12 Miscellaneous

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 is required
346 WorkCover or Department Head (Mining) to be notified of any reviews of risk assessments

Part 12.4 Exemptions

347 Exemptions for particular persons on application
348 Exemptions for classes of persons or things
349 Registers of exemptions
350 (Repealed)

Part 12.5 Reviews of decisions

351 Decisions subject to review by the Administrative Decisions Tribunal: section 36 of the Act

Part 12.6 Penalty notice offences

352 (Repealed)
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 mining workplaces and coal workplaces: references to WorkCover
358A Sharing of information between WorkCover and Department of Industry and Investment
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 2 Penalty notices

 Schedule 3 Savings and transitional provisions

 Schedules 4, 4A (Repealed)

 Schedule 5 Quantities of dangerous goods

 Schedule 6 Placarding requirements

 Schedule 7 Information to be contained in a manifest

 Schedule 8 Identification of a major hazard facility

Historical notes