Chapter 1 Preliminary
1 Name of Regulation
This Regulation is the Occupational Health and Safety Regulation 2001.
2 Commencement
This Regulation commences on the commencement of the Act.Editorial note—Date of commencement: 1.9.2001—see Gazette No 129 of 24.8.2001, page 6186.
3 Definitions
(1) In this Regulation:ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Ministerial Council for Road Transport and published by the Australian Government from time to time.approved form means the form approved for the time being for the purposes of the provision in which the expression is used:(a) by WorkCover—in relation to a place of work that is not a mining workplace or a coal workplace, or(b) by the Department Head (Mining)—in relation to a place of work that is a mining workplace or a coal workplace.means a medical practitioner authorised by WorkCover, or authorised by another body or under a scheme approved by WorkCover, to perform health surveillance for the purposes of this Regulation.building includes a structure, and includes part of a building or structure.chemical name of a substance means a recognised chemical name of the substance that is generally used in scientific or technical texts.competent person for any task means a person who has acquired through training, qualification or experience, or a combination of them, the knowledge and skills to carry out that task.construction work means any of the following:(a) building, including the construction (including the manufacturing of prefabricated elements of a building at the place of work concerned), alteration, renovation, repair, maintenance and demolition of all types of buildings,(b) civil engineering, including the construction, structural alteration, repair, maintenance and demolition of, for example, airports, docks, harbours, inland waterways, dams, river and avalanche and sea defence works, roads and highways, railways, bridges and tunnels, viaducts, and works related to the provision of services such as communications, drainage, sewerage, water and energy supplies,(c) excavation conducted for the purposes of building or civil engineering, including the excavation or filling of trenches, ditches, shafts, wells, tunnels and pier holes, and the use of caissons and cofferdams, but not excavation work at a coal workplace or mining workplace for the purposes of extracting minerals or quarry product.consumer package means a container that is intended for retail display and sale, and includes a container that is transported and distributed as part of a larger consolidated container that consists of a number of identical consumer packages.dangerous goods, except in Chapter 6A, has the same meaning as in the ADG Code.Department Head (Mining) means the Director-General of the Department of Industry and Investment.emergency service includes any of the following:(a) the Ambulance Service of New South Wales,(b) New South Wales Fire Brigades,(c) the NSW Rural Fire Service,(d) the NSW Police Force,(e) the State Emergency Service,(f) the New South Wales Volunteer Rescue Association Incorporated,(g) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.employer includes self-employed person in Chapters 2, 4, 5, 6, 6A, 7 and 8.former Act means the Occupational Health and Safety Act 1983.generic name of a substance means a name that describes the category or group of chemicals to which the substance belongs (for example, azo dyes or halogenated aromatic amines).hazard means anything (including work practices or procedures) that has the potential to harm the health or safety of a person.hazardous substance means a substance that:(a) is listed in the document entitled “List of Designated Hazardous Substances [NOHSC: 10005 (1999)]” published by the NOHS Commission, as in force from time to time, or(b) fits the criteria for a hazardous substance set out in the document entitled “Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1999)]” published by the NOHS Commission, as in force from time to time.health practitioner means a health practitioner within the meaning of the Health Care Complaints Act 1993.height of a building means the height measured from ground level to its highest part.ingredient means any component of a substance, and includes any impurity that is mixed in with the substance.LEL (lower explosive limit) means the concentration of flammable gas or vapour in air below which the gas atmosphere is not explosive.mine means a place of work that is a mine within the meaning of the Mine Health and Safety Act 2004.NOHS Commission means the National Occupational Health and Safety Commission of the Commonwealth.penalty levels—see subclause (2).product name of a substance means the brand name, trade name, code name or code number specified by the supplier of the substance.public place means a public road or any other place to which the public, whether on payment of a fee or otherwise, ordinarily has access.record includes any form in which information is stored on a permanent basis or from which information may be reproduced.retail warehouse operator means a person who operates a warehouse at which unopened packaged goods intended for retail sale are held, but does not include a retailer.retailer means a person who sells goods to members of the public who are not themselves engaged in any further resale of those goods.risk phrase, in relation to a substance, means a phrase that describes the hazards of the substance, as referred to in the document entitled List of Designated Hazardous Substances [NOHSC: 10005 (1999)] published by the NOHS Commission, as in force from time to time.safety phrase, in relation to a substance, means a phrase that describes the procedures for the safe handling or storage of the substance, or the use of personal protective equipment in conjunction with the substance, as referred to in the document entitled List of Designated Hazardous Substances [NOHSC: 10005 (1999)] published by the NOHS Commission, as in force from time to time.substance means any natural or artificial entity, composite material, mixture or formulation, other than something (that is not a fluid or particle) that:(a) is formed during production to a specific shape or design, or to have a specific surface, and(b) has an end use that depends in whole or in part on its shape, design or surface, and(c) undergoes no change in chemical composition or physical state during its end use, except as an intrinsic aspect of that end use.Note—In a number of publications relating to hazardous substances the things that are excluded from the definition of substance are called “articles”.the Act means the Occupational Health and Safety Act 2000.WorkCover means the WorkCover Authority constituted under the Workplace Injury Management and Workers Compensation Act 1998.Note—Other relevant definitions are contained in the Act and the Interpretation Act 1987. They include the following:coal workplace means a place of work to which the Coal Mine Health and Safety Act 2002 applies.employee means an individual who works under a contract of employment or apprenticeship.employer means a person who employs persons under contracts of employment or apprenticeship.mining workplace means a place of work:(a) that is a mine within the meaning of the Mine Health and Safety Act 2004, or(b) at which activities under the Petroleum (Onshore) Act 1991 or the Petroleum (Submerged Lands) Act 1982 are carried out.occupier of premises includes:(a) a person who, for the time being, has (or appears to have) the charge, management or control of the premises, or(b) a person who, for the time being, is in charge (or appears to be in charge) of any operation being conducted on the premises.place of work means premises where persons work.plant includes any machinery, equipment or appliance.premises includes any place, and in particular includes:(a) any land, building or part of any building, or(b) any vehicle, vessel or aircraft, or(c) any installation on land, on the bed of any waters or floating on any waters, or(d) any tent or movable structure.self-employed person means a person who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not employing others.work means work as an employee or as a self-employed person.The Interpretation Act 1987 also provides that expressions defined for the purposes of this Regulation apply except in so far as the context or subject-matter otherwise indicates or requires.(2) The following levels of penalty apply for the purposes of determining the maximum penalty for an offence against a provision of this Regulation, and references in this Regulation to those levels are to be construed accordingly:(a) Level 1—20 penalty units,(b) Level 2—30 penalty units,(c) Level 3—100 penalty units,(d) Level 4—250 penalty units.Note—At the time of making this Regulation, each penalty unit was $110—see section 17 of the Crimes (Sentencing Procedure) Act 1999.(3) In this Regulation, a reference to an Australian Standard is a reference to an Australian Standard (AS) or an Australian/New Zealand Standard (AS/NZS) published by Standards Australia in the year referred to in the citation of the Standard, as in force from time to time.(4) If WorkCover has indicated, by notice in writing, that it is satisfied that another standard provides an equivalent standard of safety to an Australian Standard or an Australian/New Zealand Standard, that other standard may be applied instead for the purposes of the relevant provision of this Regulation, but only to the extent that it applies to a place of work that is not a mining workplace or a coal workplace.(4A) If the Department Head (Mining) has indicated, by notice in writing, that he or she is satisfied that another standard provides an equivalent standard of safety to an Australian Standard or an Australian/New Zealand Standard, that other standard may be applied instead for the purposes of the relevant provision of this Regulation, but only to the extent that it applies to a place of work that is a mining workplace or a coal workplace.(5) If there is an inconsistency between a provision of this Regulation and a provision of an Australian Standard or another standard referred to in this Regulation, the provision of this Regulation prevails.cl 3: Am 2005 (531), Sch 1 [1]–[3]; 2007 No 27, Sch 4.20; 2008 (193), Sch 1 [1]–[5]; 2010 No 59, Sch 2.68 [1].
4 Application of Regulation
(1) This Regulation applies to all places of work (including all mining workplaces and coal workplaces), except as provided by this Regulation.(2) Chapter 5 applies to plant affecting public safety, whether or not the plant is at a place of work or for use at work.(3), (4) (Repealed)Note—Part 2 of the Act imposes general obligations on employers and other persons and creates offences for breaches of those obligations. This Regulation imposes additional obligations on those persons and on others. Section 29 of the Act provides that compliance with the regulations is not in itself a defence in any proceedings for an offence against Part 2 of the Act (subject to any regulations that modify Part 2), but also provides that a relevant contravention of the regulations is admissible in evidence in any proceedings for an offence against Part 2.This Regulation applies to all mining workplaces and coal workplaces, except where specific provisions are expressed to not apply or to apply with modifications. In accordance with section 133 of the Act, clause 358 provides that references in certain provisions of the Act to WorkCover, in connection with the application of the provisions to a mining workplace or a coal workplace, are taken to be references to the Department of Industry and Investment, the Director-General of that Department (called the “Department Head (Mining)” in this Regulation or certain inspectors appointed in connection with mining workplaces or coal workplaces.cl 4: Am 19.12.2003; 14.5.2004; 2006 (793), Sch 1 [1]; 2008 (193), Sch 1 [6]–[8]; 2010 No 59, Sch 2.68 [1].
5 Meaning of “control” of risks
(1) For the purposes of this Regulation, an obligation to control a risk to health or safety (in any case in which the elimination of the risk is not reasonably practicable) is an obligation to take the following measures (in the order specified) to minimise the risk to the lowest level reasonably practicable:(a) firstly, substituting the hazard giving rise to the risk with a hazard that gives rise to a lesser risk,(b) secondly, isolating the hazard from the person put at risk,(c) thirdly, minimising the risk by engineering means,(d) fourthly, minimising the risk by administrative means (for example, by adopting safe working practices or providing appropriate training, instruction or information),(e) fifthly, using personal protective equipment.(2) A combination of the above measures is required to be taken to minimise the risk to the lowest level reasonably practicable if no single measure is sufficient for that purpose.(3) Any obligation in this Regulation to control a risk by taking specific risk control measures, or by taking specific risk control measures in a particular order, is in addition to the obligations referred to in subclauses (1) and (2).Note—For an example in which the above clause applies, see clause 11 (general obligation of employers and self-employed persons to eliminate risks or, if not reasonably practicable to do so, to control the risk).
6 Application of provisions providing for alternative duties if primary duty not reasonably practicable
(1) This clause applies to any provision of this Regulation that imposes a duty, such as a duty to eliminate a risk, on a person (the primary duty), but provides that if it is not reasonably practicable to comply with that duty, the person is required to comply with another duty, such as a duty to control the risk (the alternative duty).Note—See duties to eliminate risks or, if that is not reasonably practicable, to control the risk (clause 11). See also particular alternative control measures in clause 5.(2) For the purposes of this Regulation, the primary duty of a person is not replaced by the alternative duty unless the person can establish that it is not reasonably practicable to comply with the primary duty.Note—Clause 6A provides that the alternative duty applies only so far as is reasonably practicable.cl 6: Am 2011 No 11, Sch 2 [1].
6A Duties to apply so far as is reasonably practicable
(1) If a provision of this Regulation imposes a duty to take or refrain from taking any action for the protection of health or safety, the duty applies only so far as it is reasonably practicable to take or refrain from taking that action.(2) Subclause (1) extends to provisions of this Regulation made under section 135 or 135A of the Act for the protection of public health or safety.cl 6A: Ins 2011 No 11, Sch 2 [2].
7 Application of provisions of Part 2 of the Act (relating to general duties of certain persons) to persons having duties under this Regulation
(1) Section 10 (3) and (4) of the Act apply to the duties under this Regulation of a person who has control of premises used by people as a place of work.Note—The effect of subclause (1) is to provide that the duties under this Regulation of a person who has control of premises used by people as a place of work:(a) do not apply to premises used only by employees of the controller, and (For the duties of an employer who is also the controller of the premises, see section 8 of the Act and the provisions of this Regulation imposing duties on employers.)(b) do not apply to premises occupied only as a private dwelling, and(c) end to the means of access to or exit from a place of work, and(d) apply only if the premises are controlled in the course of a trade, business or other undertaking (whether for profit or not) of the controller.If a controller of premises:(a) has only limited control of the premises, any duty under this Regulation applies only to the matters over which the controller has control, or(b) is a controller by virtue of having, under a contract or lease, an obligation to maintain or repair the premises, any duty under this Regulation applies only to the matters covered by the contract or lease.(2) Section 11 (2) and (3) of the Act apply to the duties under this Regulation of designers, manufacturers and suppliers of plant and substances for use by people at work (other than plant affecting public safety).Note—The principal effect of subclause (2) is to provide that the duties under this Regulation of designers, manufacturers and suppliers of plant and substances for use by people at work (other than plant affecting public safety):(a) apply only if the plant or substance is designed, manufactured or supplied in the course of a trade, business or other undertaking (whether for profit or not), and(b) apply whether or not the plant or substance is exclusively designed, manufactured or supplied for use by people at work.
8 Responsibilities held by more than one responsible person
If more than one person has a responsibility with respect to a particular occupational health and safety matter under this Regulation:(a) each such person retains responsibility for the matter, and(b) the responsibility is to be discharged in a co-ordinated manner.
Chapter 2 Places of work—risk management and other matters
Note—
This Chapter imposes obligations on an employer to identify foreseeable hazards that may arise from the conduct of the employer’s undertaking, to assess the risks of those hazards and to eliminate the risks or, if not reasonably practicable to do so, to control the risks.
Division 2 of Part 2 of the Act requires an employer to consult with employees to enable them to contribute to the making of decisions affecting their health, safety and welfare at work. Among other things, the Division requires such consultation when risks to health and safety arising from work are assessed and when decisions are made about the measures to be taken to eliminate or control risks. (See Chapter 3 of this Regulation for further provisions regarding the machinery of consultation.)
This Chapter also applies to self-employed persons (see definition of employer in clause 3).
Additional requirements for risk management in relation to specified hazards at mining workplaces or coal workplaces are provided in the legislation applying to mining workplaces and coal workplaces (that is, the Mine Health and Safety Act 2004 and the Coal Mine Health and Safety Act 2002, respectively).
ch 2, note: Am 2008 (193), Sch 1 [9].
9 Employer to identify hazards
(1) An employer must take reasonable care to identify any foreseeable hazard that may arise from the conduct of the employer’s undertaking and that has the potential to harm the health or safety of:(a) any employee of the employer, oror both.(b) any other person legally at the employer’s place of work,(2) In particular (and without limiting the generality of subclause (1)), the employer must take reasonable care to identify hazards arising from:(a) the work premises, and(b) work practices, work systems and shift working arrangements (including hazardous processes, psychological hazards and fatigue related hazards), and(c) plant (including the transport, installation, erection, commissioning, use, repair, maintenance, dismantling, storage or disposal of plant), and(c1) dangerous goods (including the storage or handling of dangerous goods), and(d) hazardous substances (including the production, handling, use, storage, transport or disposal of hazardous substances), and(e) the presence of asbestos installed in a place of work, and(f) manual handling (including the potential for occupational overuse injuries), and(g) the layout and condition of a place of work (including lighting conditions and workstation design), and(h) biological organisms, products or substances, and(i) the physical working environment (including the potential for any one or more of the following:(i) electrocution,(ii) drowning,(iii) fire or explosion,(iv) people slipping, tripping or falling,(v) contact with moving or stationary objects,(vi) exposure to noise, heat, cold, vibration, radiation, static electricity or a contaminated atmosphere,(vii) the presence of a confined space), and(j) the potential for workplace violence.(3) An employer must ensure that effective procedures are in place, and are implemented, to identify hazards:(a) immediately prior to using premises for the first time as a place of work, and(b) before and during the installation, erection, commissioning or alteration of plant in a place of work, and(c) before changes to work practices and systems of work are introduced, and(d) before hazardous substances are introduced into a place of work, and(e) while work is being carried out, and(f) when new or additional information from an authoritative source relevant to the health or safety of the employees of the employer becomes available.(4), (5) (Repealed)Maximum penalty: Level 4.Note—Other provisions of this Regulation (for example, in Chapters 4 and 5) impose specific hazard identification requirements on particular persons such as controllers of places of work, designers and manufacturers of plant and so on.cl 9: Am 2005 (531), Sch 1 [4]; 2008 (193), Sch 2 [1].
10 Employer to assess risks
(1) An employer must assess the risk of harm to the health or safety of the following persons arising from any hazard identified in accordance with this Chapter:(a) any employee of the employer, oror both.(b) any other person legally at the employer’s place of work,Note—Also see clauses 78, 168 and 207 which require employers to keep and maintain risk assessment reports in relation to confined spaces, record results of risk assessments in relation to hazardous substances and prepare written risk assessments in respect of electrical work on electrical installations.(2), (3) (Repealed)Maximum penalty: Level 4.Note—Other provisions of this Regulation (for example, in Chapters 4 and 5) impose more specific risk assessment requirements on particular persons such as controllers of places of work, designers and manufacturers of plant and so on.cl 10: Am 2008 (193), Sch 2 [2].
11 Employer to eliminate or control risks
(1) Subject to subclause (2), an employer must eliminate any reasonably foreseeable risk to the health or safety of:(a) any employee of the employer, oror both, that arises from the conduct of the employer’s undertaking.(b) any other person legally at the employer’s place of work,(2) If it is not reasonably practicable to eliminate the risk, the employer must control the risk.(3) An employer must ensure that all measures (including procedures and equipment) that are adopted to eliminate or control risks to health and safety are properly used and maintained.(4), (5) (Repealed)Maximum penalty: Level 4.Note—An employer must also comply with any specific risk control measures required by this Regulation. In particular see Parts 4.3, 4.4, 5.4 and 6.4 and Chapters 7 and 8. The Regulation (for example, in Part 4.2 and in Chapter 5) also imposes risk control requirements on other persons, such as controllers of places of work, designers and manufacturers of plant and so on. Clause 5 sets out the order of control measures to be taken if it is not reasonably practicable to eliminate a risk.cl 11: Am 2008 (193), Sch 2 [3].
12 Employer to review risk assessments and control measures
An employer 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) a significant change is proposed in the place of work or in work practices or procedures to which the risk assessment relates.Maximum penalty: Level 4.
13 Employer to provide instruction, training and information
(1) An employer must ensure that each new employee receives induction training that covers the following:(a) arrangements at the place of work for the management of occupational health and safety, including arrangements for reporting hazards to management,(b) health and safety procedures at the place of work relevant to the employee, including the use and maintenance of risk control measures,(c) how employees can access any health and safety information that the employer is required by this Regulation to make available to employees,(d) any other matter that this Regulation specifies should be the subject of induction training and that is relevant to the place of work concerned having regard to the competence, experience and age of the new employee.Maximum penalty: Level 3.(2) An employer must ensure that any person who may be exposed to a risk to health and safety at the employer’s place of work:(a) is informed of the risk, and(b) is provided with any information, instruction and training necessary to ensure the person’s health and safety.The information, instruction and training (and the timing of its provision) must be commensurate with the risk to health and safety concerned.Maximum penalty: Level 3.(3) An employer must provide persons who have responsibilities with respect to the following under this Regulation with all available information necessary to enable them to fulfil those responsibilities:(a) identifying hazards,(b) assessing risks arising from those hazards,(c) eliminating or controlling those risks,(d) monitoring or reviewing risk control measures,(e) providing information.Maximum penalty: Level 4.(4) Nothing in this clause requires an employer to train or instruct members of the public in the use of lifts or amusement devices.Note—Specific requirements as to the provision of information relating to plant and hazardous substances are set out in Chapters 5 and 6.See Part 8.2 in relation to occupational health and safety induction training for construction work.Clause 171 requires employers to retain records of induction or other training provided to employees who are likely to be exposed to hazardous substances.
14 Employer to provide supervision
(1) An employer must ensure that the employer’s employees are provided with reasonable supervision necessary to ensure the health and safety of the employees and any other persons at the employer’s place of work.(2) The employer must ensure that the supervision is undertaken by a competent person.(3) In determining the nature and extent of necessary supervision, the employer must have regard to the competence, experience and age of each employee.Maximum penalty: Level 3.Note—Specific requirements for supervision in relation to excavation work are imposed on employers by Chapter 8.
15 Provision by an employer of personal protective equipment
(1) If measures taken by an employer under clause 11 (2) to control a risk include the use of personal protective equipment, the employer must provide each person at risk with personal protective equipment and ensure that:(a) the equipment provided is appropriate for the person and controls the risk for that person, and(b) the person is informed of any limitations of the equipment, and(c) the person is provided with the instruction and training necessary to ensure that the equipment controls the risk for the person, and(d) the equipment is properly maintained and is repaired or replaced as frequently as is necessary to control the risk for the person, and(e) the equipment is provided in a clean and hygienic condition to the person, and(f) the equipment is stored in a place provided by the employer for the purpose, and(g) areas in places of work where personal protective equipment must be used are clearly identified.Maximum penalty: Level 3.(2) In this clause, personal protective equipment includes any substance used to protect health (such as a sun protection cream) and any self-rescue respiratory device for use by a person working in the underground parts of a mining workplace or a coal workplace.Note—Reference should also be made to any relevant Australian Standards relating to the provision and use of personal protective equipment.cl 15: Am 2008 (193), Sch 1 [10].
16 Employer to obtain information
(1) An employer must obtain such information as is necessary to enable the employer to fulfil the employer’s responsibilities under this Regulation with respect to the following:(a) identifying hazards,(b) assessing risks arising from those hazards,(c) eliminating or controlling those risks,(d) providing information.Maximum penalty: Level 4.(2) For the purposes of subclause (1), the information is to be reasonably available information from an authoritative source.
17 Employer to provide for emergencies
(1) An employer must ensure that, in the event of an emergency at any place of work at which the employer’s undertaking is conducted, arrangements have been made for:(a) the safe and rapid evacuation of persons from the place of work, and(b) emergency communications, and(c) appropriate medical treatment of injured persons.If the employer does not have control, or has only limited control, of the place of work, the duty under this subclause applies only to the matters over which the employer has control.(2) In making arrangements for the purposes of this clause, an employer must take the following into account:(a) the nature of the hazards at the place of work,(b) the size and location of the place of work,(c) the number, mobility and capability of persons at the place of work.(3) If employees work at a fixed place of work, the employer must ensure that:(a) adequate arrangements are made for the shutting down and evacuation of the place of work in the event of an emergency, and(b) details of the arrangements for any such evacuation are kept on display in an appropriate location or locations at the place of work, and(c) one or more persons are appointed and appropriately trained to oversee any such evacuation and, if appropriate, in the use of on-site fire fighting equipment.Maximum penalty: Level 4.Note—Also see clause 13 (2) (b) which requires an employer to provide any person who may be exposed to a risk to health and safety at the employer’s place of work with any information, instruction and training necessary to ensure the person’s health and safety.
18 Employer to provide amenities
(1) An employer must ensure that appropriate amenities are available for all of the employer’s employees while they are at work.(2) The appropriateness of amenities is to be determined having regard to all of the circumstances of the case, including the following:(a) the nature of the work undertaken at the place of work,(b) the size and location of the place of work,(c) the number of men and of women at the place of work.Note—Also see Part 4 of the Act (Industry codes of practice). Failure by an employer to observe any industry code of practice relevant to the provision of amenities may be used in evidence in any prosecution under this clause or clause 19. Industry codes of practice are prepared by WorkCover (in relation to places of work that are not mining workplaces or coal workplaces) or the Department Head (Mining) (in relation to places of work that are mining workplaces or coal workplaces) and approved by the Minister.(3) In this clause, amenities means facilities provided for the welfare or personal hygiene needs of persons and includes toilets, rest rooms, shelter sheds, seating, dining rooms, change rooms, provision of drinking water, lockers and washing facilities.Maximum penalty: Level 3.cl 18: Am 2008 (193), Sch 1 [11].
19 Maintenance of amenities and accommodation
(1) An employer must ensure that:(a) any amenities provided in accordance with clause 18, andare maintained in a safe and healthy condition.(b) any accommodation provided by the employer for the welfare of employees because of the circumstances of their work,(2) If the employer does not have control, or has only limited control, of the amenities or accommodation, the duty under subclause (1) applies only to the matters over which the employer has control.Maximum penalty: Level 3.
20 Employer to provide first aid facilities and personnel
(1) In this clause:construction site means the site of construction work.trained first aid personnel means:(a) a person who holds a current first aid certificate issued after successful completion of a WorkCover approved first aid course, or(b) a person who holds a current occupational first aid certificate issued after successful completion of a WorkCover approved occupational first aid course, or(c) a level 3 or greater New South Wales ambulance officer, or(d) a registered nurse, or(e) a medical practitioner.(2) An employer must provide at each place of work:(a) first aid facilities that are adequate for the immediate treatment of injuries and illnesses that may arise at the place of work, and(b) if more than 25 persons are employed at a place of work—trained first aid personnel.(3) An employer must have regard to the location of the place of work, the number of employees at a particular location and the type of work being undertaken in determining the nature, number and location of the first aid facilities and the number of trained first aid personnel that are required. Subclauses (4)–(7) prescribe the minimum facilities and personnel that are required at various sites or places of work.Note—See clause 194 as to additional first aid requirements in relation to the treatment of cyanide poisoning.(4) An employer must ensure that the first aid facilities at the following sites or places include a first aid kit of the type specified opposite the description of the site or place:
Chapter 3 Workplace consultation
Note—
This Chapter makes provision with respect to the duty of the employer to consult employees under Division 2 of Part 2 of the Act. The relevant provisions of the Act are as follows:
(a) Section 13—provides that the employer must consult with the employees of the employer to enable those employees to contribute to the making of decisions affecting their health, safety and welfare at work.
(b) Section 14—defines the nature of consultation as the sharing of relevant information, the opportunity for employees to express their views and the taking into account of those views by the employer. (Relevant information to be shared would include matters that affect or may affect the health, safety or welfare at work of employees covered by particular consultative arrangements.)
(c) Section 15—sets out when consultation is to be undertaken (including when assessments are made of risks to health and safety, when decisions are made on measures to control or eliminate those risks, when changes are made to premises, systems or methods of work, or to plant or substances used for work, that may affect health, safety or welfare at work and when decisions are made about the consultation arrangements).
(d) Section 16—provides that consultation is to be undertaken by means of an OHS committee, an OHS representative or other agreed arrangements, or a combination of those means.
(e) Section 17—requires the establishment of an OHS committee if the employer employs 20 or more persons and a majority of the employees so requests or WorkCover so directs, and requires an OHS representative to be elected if at least one of the employees so requests or WorkCover so directs. A site check inspector for a mining workplace must be a member of any OHS committee for that place of work. A site check inspector and the electrical check inspector for a coal workplace must be members of any OHS Committee for that place of work. Other consultative arrangements require agreement between the employer and employees.
(f) Section 18—sets out the functions and powers of OHS committees and OHS representatives.
A reference to WorkCover in certain provisions of the Act, in connection with the application of the provisions to a mining workplace or a coal workplace, is taken to be a reference to the Department Head (Mining), by virtue of clause 358 (3).
ch 3, note: Am 2008 (193), Sch 1 [12] [13].
21 Definitions
In this Chapter:OHS consultation arrangements means the requirements imposed by sections 16 and 17 of the Act with respect to the establishment of an OHS committee, the election of an OHS representative or the establishment of other agreed consultation arrangements.workgroup means the group of employees that is represented by a particular OHS committee or OHS representative.
22 Setting up consultation arrangements (section 15 (f) of the Act)
(1) The employer must, in accordance with section 15 (f) of the Act, consult on the procedures for consultation, that is, whether consultation is to be undertaken by means of an OHS committee, an OHS representative or other agreed arrangements, or a combination of those means.(2) If the proposed OHS consultation arrangements provide for an OHS committee or OHS representative, the employer must consult on the following:(a) the composition of the relevant workgroups under the arrangements,(b) the relationship between an OHS committee and an OHS representative if both are to be provided under the arrangements,(c) the number of employee representatives and of employer representatives on any OHS committee,(d) the arrangements for electing any OHS representative or employee representatives on any OHS committee (including arrangements for dealing with absences, the removal of members or other casual vacancies),(e) the arrangements for meetings of any OHS committee and meetings between the employer and any OHS representative (including the frequency of ordinary meetings and the calling of special meetings),(f) the procedures for any such meeting (including whether meetings may be held by electronic communication or the circulation of papers),(g) the arrangements for communications between the persons elected by the employees in a workgroup and those employees (including procedures for enabling the employees in the workgroup to raise issues and make complaints about occupational health and safety matters),(h) the arrangements for the training of members of any OHS committee or any OHS representative,(i) the relationship between representatives of the workgroup of an employer and the representatives of the workgroup of another employer.(3) If the proposed OHS consultation arrangements provide for other agreed arrangements, the employer must consult on arrangements with respect to meetings with the employer, communication with the employees, the functions and training of the persons involved, the procedures for resolving occupational health and safety issues, the role of any relevant industrial organisation of employees and other relevant matters.(4) OHS consultation arrangements are to be reviewed as occasion requires. Consultation on new arrangements is to be undertaken if a majority of the employees in the workgroup so request or if there has been a significant change in the composition of the workgroup that is not reflected in the existing arrangements.(5) A Federal or State industrial organisation of employees may represent, for the purposes of consultation on OHS consultative arrangements, any of those employees who request the organisation to represent them.
23 Workgroups represented by OHS committees or OHS representatives
(1) The relevant workgroups to be represented by OHS committees or OHS representatives are to be determined in a manner that ensures that they are able to represent effectively the employees in each workgroup and, in particular, in a manner that enables them to undertake regular meaningful communication with the employees in each workgroup.(2) The diversity of the employees and their work must be taken into account when determining the relevant workgroups. In particular, the following must be taken into account:(a) the hours of work of employees (including the representation of employees on shift work),(b) the pattern of work of employees (including the representation of part-time, seasonal or short term employees),(c) the number and grouping of employees,(d) the geographic location where the employees work (including the representation of employees in dispersed locations such as those in the transport industry or working from home),(e) the different types of work performed by employees and the different levels of responsibility,(f) the attributes of employees (including gender, ethnicity, age and special needs),(g) the nature of the occupational health and safety hazards at the place of work,(h) the interaction of the employees with the employees of other employers.(3) It is not necessary to establish separate workgroups for different categories of employees, places of work or other matters referred to above.(4) OHS consultation arrangements that include both an OHS committee and an OHS representative for a workgroup must ensure that the committee is the principal mechanism for consultation for that workgroup.
24 Minimum requirements for OHS committees
The procedures with respect to the establishment and composition of OHS committees must comply with the following requirements:(a) the employee representatives on a committee must be elected by and from the employees in the relevant workgroup the committee represents,(b) an election for those representatives must be conducted in a manner that is consistent with recognised democratic principles,(c) an election may be conducted by a Federal or State industrial organisation of employees if a majority of the employees concerned request the organisation to conduct the election,(d) the number of employer representatives on a committee must not exceed the number of elected employee representatives on the committee,(e) the chairperson of a committee is not to be an employer representative,(f) a person who is elected as an OHS representative for a workgroup may be an employee representative on a committee that relates to the workgroup without further election if it is provided for in the OHS consultation arrangements,(g) a person who is elected as an employee representative on a committee may be an employee representative on another related committee without further election if it is provided for in the OHS consultation arrangements,(h) an employee representative on a committee is to be elected for a maximum period of 2 years (but the term of office may be shortened in connection with a change in OHS consultation arrangements),(i) a person elected as an employee representative on a committee is eligible for re-election,(j) a person is not eligible to be an employer representative on a committee unless the person has authority to act on behalf of the employer in occupational health and safety matters at the place of work.Note—Section 17 (6) of the Act requires that, in the case of a coal workplace, a site check inspector and the electrical check inspector for that coal workplace must be members of any OHS committee for that place of work. Section 17 (7) of the Act requires that, in the case of a mining workplace, a site check inspector for the mining workplace must be a member of any OHS committee for that place of work. The election of site check inspectors for mining workplaces or coal workplaces is determined by the Mine Health and Safety Act 2004 or the Coal Mine Health and Safety Act 2002, respectively.cl 24: Am 2008 (193), Sch 1 [14].
25 Minimum requirements for election of OHS representatives
The procedures with respect to the election of OHS representatives (as required by section 16 (b) of the Act) must comply with the following requirements:(a) the OHS representative must be elected by and from the employees in the relevant workgroup the person represents,(b) the election must be conducted in a manner that is consistent with recognised democratic principles,(c) the election may be conducted by a Federal or State industrial organisation of employees if a majority of the employees concerned request the organisation to conduct the election,(d) an OHS representative is to be elected for a maximum period of 2 years (but the term of office may be shortened in connection with a change in OHS consultation arrangements),(e) a person elected as an OHS representative is eligible for re-election.
26 Other agreed arrangements (sections 16 (c) and 17 (3) of the Act)
(1) This clause applies to other agreed arrangements for consultation referred to in section 17 (3) of the Act.(2) The functions of persons under other agreed arrangements are those that are derived from the agreement.(3) Other agreed arrangements may comprise arrangements negotiated at an industry level. Any such arrangements may be used by a particular employer in the industry if the arrangements are agreed to by a majority of the employees and, in their application to that employer, comply with the requirements for consultation of the Act and this Regulation.Note—Section 17 (3) of the Act provides that a Federal or State industrial organisation of employees may, on request, represent employees for the purposes of consultation on occupational health, safety and welfare under other agreed arrangements.
27 Related obligations of employer with respect to duty to consult
(1) An employer has the following obligations in connection with OHS consultation arrangements of the employer:(a) to record those arrangements,(b) to publicise those arrangements among existing and new employees to whom they relate,(c) to provide members of OHS committees or OHS representatives with reasonable access to the employees they represent during working hours for the purposes of communication,(d) to provide reasonable facilities, and access during working hours to the workplace, for the purposes of OHS consultation arrangements (including for the purposes of conducting or holding elections, meetings and inspections),(e) to ensure that employer representatives on an OHS committee participate in the work of the committee on a regular basis,(f) to ensure that employees participating in consultation (and in training for consultation) in accordance with OHS consultation arrangements are paid as if they were engaged in the duties of their employment (whether they participate as representatives of employees or of the employer),(g) to pay the costs reasonably and necessarily incurred by employees in connection with their participation in that consultation or training,(h) to facilitate the OHS consultation arrangements of another employer where employees of that other employer are working at the employer’s place of work.(2) An employer who fails to comply with an obligation under this clause is guilty of an offence.Maximum penalty: Level 3.(3) This clause does not affect the duty of an employer to consult under section 13 of the Act and the maximum penalty provided for contravening that section.
28 Employees to disclose certain matters
(1) An employee must take reasonable steps to prevent risks to health and safety at work by notifying the employee’s employer or supervisor of any matter that, to the knowledge of the employee, may affect the capacity of the employer to comply with the requirements of this Regulation.Maximum penalty: Level 2.(2) An employee may discharge the obligation under subclause (1) by notifying the matter in accordance with OHS consultation arrangements to the relevant OHS representative or member of the relevant OHS committee.Note—For other obligations of employees, or that may relate to employees, see the following sections of the Act:(a) Section 20 (1)—requires an employee to take reasonable care for the health and safety of people who are at the employer’s place of work and who may be affected by the employee’s acts or omissions at work.(b) Section 20 (2)—requires an employee to co-operate with the employer or other persons so far as is necessary to enable compliance with OHS duties of the employer or other person.(c) Section 21—prohibits a person interfering with or misusing anything provided in the interests of occupational health, safety and welfare.(d) Section 23—prohibits an employer dismissing or victimising an employee because of an OHS-related complaint, membership of an OHS committee or election as an OHS representative or the exercise of any other functions under the consultative arrangements made by the Act.(e) Section 25—prohibits a person, without reasonable excuse, deliberately creating a risk (or appearance of a risk) to health or safety of people at work with the intention of causing a disruption of work.
29 Procedure for resolving matter that may be risk to health and safety
(1) This clause applies to the function of an OHS committee or an OHS representative under section 18 (c) of the Act to attempt to resolve a matter that may be a risk to health and safety at the place of work but, if unable to do so, to request an investigation by an inspector to resolve the matter.(2) For the purpose of resolving the matter:(a) the applicable OHS consultative arrangements are to be used, and(b) the matter must be formally referred to the employer, and(c) the employer is to consider the matter and respond in a timely manner.(3) If the matter is not resolved after the employer has been given a reasonable opportunity to consider and respond to the matter, the OHS committee or OHS representative may request an investigation of the matter by an inspector.(4) Such a request by an OHS committee is to be made through the chairperson of the committee. The committee may make arrangements for the making of such requests by the chairperson without a formal meeting of the committee being convened to authorise the making of each particular request.(5) This clause does not limit any other power with respect to the inspection of places of work or of disputes arising at places of work.
30 Additional functions of OHS committees and OHS representatives (section 18 (d) of the Act)
(1) An OHS committee and an OHS representative have the following additional functions:(a) to make a request to accompany an inspector as an observer on an inspection under section 69 (b) of the Act that affects the workgroup that the committee or representative represents,(b) to be an observer during any formal report by an inspector to the employer in connection with any occupational health and safety matter concerning the workgroup that the committee or representative represents,(c) to accompany an employee of the workgroup that the committee or representative represents, at the request of the employee, during any interview by the employer on any occupational health and safety issue,(d) to be an observer during any formal in-house investigation of an incident at the relevant place of work that is required to be notified to WorkCover, or the Department Head (Mining), under Division 4 of Part 5 of the Act,(e) to assist in the development of arrangements for recording workplace hazards and accidents to promote improved workplace health and safety,(f) to make recommendations on the training of members of OHS committees and of OHS representatives,(g) to make recommendations on the training of employees in relation to occupational health and safety.(2) An observer under subclause (1) (a), (b) or (d) must be an employee member of the OHS committee or the OHS representative and only one person may act as such an observer at any particular time.Note—Section 18 of the Act provides that an OHS committee or OHS representative has the following functions:(a) to keep under review the measures taken to ensure the health, safety and welfare of persons at the place of work,(b) to investigate any matter that may be a risk to health and safety at the place of work,(c) to attempt to resolve the matter but, if unable to do so, to request an investigation by an inspector for that purpose,(d) the additional functions prescribed above.Functions under the Act and this Regulation includes “powers” and “duties”.Section 144 of the Mine Health and Safety Act 2004 sets out the functions of site check inspectors for a mining workplace. Section 164 of the Coal Mine Health and Safety Act 2002 sets out the functions of site check inspectors for a coal workplace.cl 30: Am 22.8.2003; 2008 (193), Sch 1 [15] [16].
31 Training to be undertaken by members of OHS committees and OHS representatives
(1) An employer must ensure that each member of an OHS committee and each OHS representative undertakes a course of training in accordance with this clause.Maximum penalty: Level 2.(2) The course of training must be undertaken as soon as practicable after the person is first appointed as a member of the committee or first elected as a representative (unless the person has previously undertaken an approved course of training).(3) The course of training must be provided by:(a) a trainer who is accredited by WorkCover to provide that course of training, or(b) a registered training organisation (within the meaning of the Vocational Education and Training Act 2005) whose registration extends to providing a course of OHS consultation training.(4) An application by an individual to be accredited as a trainer:(a) is to be in the form, and accompanied by the particulars, approved by WorkCover, and(b) is to be accompanied by such application fee as WorkCover determines to cover the expenses in dealing with the application.WorkCover may approve an application for accreditation (with or without conditions) or may refuse the application.Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to refuse to accredit a person as a trainer under this clause.(5) A course of training undertaken under this clause must include all the topics of OHS consultation training listed in the Table to this clause (undertaken over the period specified in guidelines issued by WorkCover for the purpose).(6) The trainer who provides a course of training under this clause must ensure that:(a) the training complies with the requirements of this Chapter, and(b) a statement of training is provided to each person who completes one or more topics of OHS consultation training and a copy of the statement is provided to the employer, and(c) the trainer makes a record of the training provided and retains the record for at least 6 years.The statement of training must be in a form approved by WorkCover and record the topics of OHS consultation training completed, the date of completion and other particulars required by the approved form.Maximum penalty: Level 2.(7) An employer must keep a record of the training undertaken by a person under this clause until at least 3 years after the person ceases to be an employee of, or associated with, the employer.Maximum penalty (subclause (7)): Level 2.(8) This clause does not apply to a person who is a member of an OHS committee by virtue of being a site check inspector in relation to a coal workplace.Note—Section 145 of the Mine Health and Safety Act 2004 makes provision regarding the training of site check inspectors appointed under that Act.Table OHS consultation training topics
Describes the mechanisms for consultation including workplace committees and OHS representatives
Describes how these are essential in the consultative process
32 Savings and transitional arrangements
(1) The OHS consultation arrangements must be implemented within 12 months after the commencement of the Act, except as provided by subclause (2).(2) (Repealed)(3) Any course of training of a member of an OHS committee or an OHS representative that was undertaken for the purposes of and in accordance with the regulations under the former Act is taken to have been undertaken for the purposes of and in accordance with this Regulation.(4) (Repealed)(5) A trainer accredited by WorkCover in accordance with the regulation referred to in subclause (4) is taken to have been accredited by WorkCover under clause 31.cl 32: Am 2008 (193), Sch 2 [4].
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.
ch 4, note: Am 2005 (221), Sch 1 [1] [2].
Part 4.1 Preliminary
33 Definitions
(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.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)cl 33: Am 2004 No 4, Sch 4.12; 20.8.2004; 2008 (193), Schs 1 [18], 2 [5].
Part 4.2 Work premises
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.
Division 2 Fall prevention
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.
Division 3 Electricity
40 Application
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 3000:2000Electrical installations (known as the Australian/New Zealand Wiring Rules).cl 40: Am 2008 No 62, Sch 2.36 [1] [2].
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.
Division 4 Asbestos
42 Definitions
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.cl 43: Am 2008 (140), Sch 1 [1].
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.
Division 1 Working space
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).
Division 2 Lighting
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.
Division 3 Heat and cold
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.
Division 4 Noise management
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 1269.1:1998Occupational 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.
Division 5 Atmosphere
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.cl 49A: Ins 2008 (193), Sch 1 [19].
50 Definitions
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, orto which persons may be exposed in the working environment.(c) nuisance dust,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.cl 51: Am 19.12.2003.
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.cl 53: Am 2008 (193), Sch 1 [20].
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.
55 Atmospheric monitoring
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.
Division 6 Working at heights
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, andis carried out in compliance with AS/NZS 1576.1:1995Scaffolding Part 1: General requirements.(ii) temporarily erected structures, intended or used to support sheetings, hoardings, guard rails, means of access or egress and entertainment equipment,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.
Division 7 Fire and explosion
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.cl 62: Am 2008 (193), Sch 1 [21].
Division 7A Residual current devices (safety switches)
ch 4, pt 4.3, div 7A (cll 62A–62F): Ins 2011 (73), Sch 1 [1].
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.ch 4, pt 4.3, div 7A (cll 62A–62F): Ins 2011 (73), Sch 1 [1].
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.ch 4, pt 4.3, div 7A (cll 62A–62F): Ins 2011 (73), Sch 1 [1].
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.ch 4, pt 4.3, div 7A (cll 62A–62F): Ins 2011 (73), Sch 1 [1].
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.ch 4, pt 4.3, div 7A (cll 62A–62F): Ins 2011 (73), Sch 1 [1].
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.ch 4, pt 4.3, div 7A (cll 62A–62F): Ins 2011 (73), Sch 1 [1].
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.ch 4, pt 4.3, div 7A (cll 62A–62F): Ins 2011 (73), Sch 1 [1].
Division 8 Electricity
63 Application
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.cl 63: Am 2008 (193), Sch 2 [8] [9].
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 workall 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 workall 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 environmentall 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 unsafeall 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.cl 64: Am 2006 (216), Sch 1 [1] [2].
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.cl 65: Am 2006 (216), Sch 1 [3]; 2006 (272), cl 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.cl 65A: Ins 2008 (193), Sch 1 [22].
66 Definitions
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.cl 66: Am 2005 (531), Sch 1 [5].
67 Application
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, orand the risk has not been controlled as required by this Regulation.(b) there is a risk of fire or explosion,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.
77 Training
(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.
78 Record keeping
(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.
Part 4.4 Manual handling
Note—
Employer, for the purposes of this Part, includes self-employed persons (see clause 3).
79 Definition
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.
80 Employer to control risks
(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.
81 Assessment of risks
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
ch 4, pt 4.5 (cll 81A–81F): Ins 2005 (221), Sch 1 [3].
81A Definitions
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.ch 4, pt 4.5 (cll 81A–81F): Ins 2005 (221), Sch 1 [3].
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.ch 4, pt 4.5 (cll 81A–81F): Ins 2005 (221), Sch 1 [3].
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.ch 4, pt 4.5 (cll 81A–81F): Ins 2005 (221), Sch 1 [3].
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.ch 4, pt 4.5 (cll 81A–81F): Ins 2005 (221), Sch 1 [3].
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).ch 4, pt 4.5 (cll 81A–81F): Ins 2005 (221), Sch 1 [3].
81F Records
(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:means an authorised representative within the meaning of Division 3 of Part 5 of the Act who is exercising functions under that Division.ch 4, pt 4.5 (cll 81A–81F): Ins 2005 (221), Sch 1 [3].
Chapter 5 Plant
Note—
This Chapter imposes obligations on employers, among others. Employer, for the purposes of this Chapter, includes self-employed persons (see clause 3).
Part 5.1 Preliminary
82 Definitions
In this Chapter:alter, in relation to plant, means change the design of, add to or take away from the plant if the change may affect health or safety, but does not include routine maintenance, repair or replacement.AMBSC Code—Part 1: Copper Boilers means the Australian Miniature Boiler Safety Committee Code Part 1, Issue 6—1994, Copper Boilers, published by the Australian Miniature Boiler Safety Committee.AMBSC Code—Part 2: Steel Boilers means the Australian Miniature Boiler Safety Committee Code Part 2, Issue 4—1995, Steel Boilers, published by the Australian Miniature Boiler Safety Committee.amusement device means equipment operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment but does not include any of the following:(a) a crane, conveyor, escalator, hoist, lift or moving walk,(b) a railway to which the Rail Safety Act 1993 applies,(c) a vehicle that is required to be registered under the Road Transport (Vehicle Registration) Act 1997,(d) a vessel to which the Commercial Vessels Act 1979 applies,(e) an aircraft to which the Air Navigation Act 1938 applies.boiler means a vessel or an arrangement of vessels and interconnecting parts, in which steam or other vapour is generated, or water or other liquid is heated at a pressure above that of the atmosphere, by the application of fire, the products of combustion, electrical power or similar high temperature means, including superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, the boiler setting and directly associated equipment but does not include a fully flooded or pressurised system in which water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid.boom-type elevating work platform means a powered telescoping device, hinged device or articulated device, or any combination of these devices, used to support a platform that can be propelled horizontally as well as vertically and on which personnel, equipment or materials can be elevated, being a platform that can be projected laterally outside its wheelbase.bridge crane means a crane comprising a bridge beam mounted at each end on an end carriage, capable of travelling along elevated runways and having one or more hoisting mechanisms arranged to traverse across the bridge.building maintenance equipment means a suspended platform and associated equipment, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold.building maintenance unit means a power operated suspended platform and associated equipment on a building specifically designed to provide permanent access to the faces of the building for maintenance.coin operated amusement device means a power operated device that:(a) is intended to be ridden, at the one time, by no more than 4 children below the age of 10 years, and(b) is usually located in a shopping centre or similar public location, and(c) does not necessarily have an operator.commissioning of plant means performing the necessary adjustments, tests and inspections to ensure plant is in full working order to specified requirements before the plant is used, and includes recommissioning.concrete placing unit means mobile truck-mounted plant incorporating a knuckle boom that is capable of power operated slewing and luffing to place concrete by way of pumping through a pipeline attached to, or forming part of, the boom of the plant.conveyor means an apparatus or equipment operated by any power other than manual power, by which loads are raised, lowered or transported or capable of being raised, lowered, transported or continuously driven by:(a) an endless belt, rope or chain or other similar means, or(b) buckets, trays or other containers or fittings moved by an endless belt, rope, chain or other similar means, or(c) a rotating screw, orand includes the supporting structure and auxiliary equipment and used in connection with the conveyor.(d) rollers,crane means an appliance intended for raising or lowering a load and moving it horizontally and includes the supporting structure of the crane and its foundations, but does not include industrial lift trucks, earthmoving machinery, amusement devices, tractors, industrial robots, conveyors, building maintenance equipment, suspended scaffolds or lifts.designer of plant includes an employer or self-employed person who designs plant for his, her or its own use at work.earthmoving machinery means an operator controlled item of plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material but does not include a tractor or industrial lift truck.elevating work platform means a telescoping device, scissor device or articulating device, or any combination of those devices, used to move personnel, equipment or materials to and from work locations above the support surface.erect includes altering the structure of plant.ergonomic, in relation to the functioning of plant and systems of work associated with plant, means optimised by adaptation to human capacity or need.fault means a break or defect that may cause plant to present an increased risk to health and safety and, in the case of a fault in the design of plant, means an aspect of the design that may cause the plant to be a risk to health and safety if manufactured in accordance with the design specifications.fired heater means a pressure vessel in which a liquid is heated below its atmospheric boiling temperature or a process fluid is heated in tubes above or below its atmospheric boiling temperature by the application of fire, the products of combustion or electric power or similar high temperature means.gantry crane means a crane comprising a bridge beam, supported at each end by legs mounted on end carriages, capable of travelling on supporting surfaces or deck levels, whether fixed or not and that has a crab with one or more hoisting units arranged to travel across the bridge.gas cylinder means a particular rigid pressure vessel, exceeding 0.1 kg but not exceeding 3,000 kg water capacity, without openings or integral attachments on the shell other than at the ends, designed for the storage and transport of gas under pressure.guard means a device that prevents or reduces access to a danger point or area.hoist means an appliance intended for raising or lowering a load or persons, or both, and includes a scissor type elevating work platform, mast-climbing work platform, personnel and materials hoist, scaffolding hoist and serial hoist but does not include a lift, a building maintenance unit or a powered winding system.industrial lift truck means powered mobile plant, designed to move goods, materials or equipment, equipped with an elevating load carriage and, normally, a load-holding attachment but does not include a mobile crane or earthmoving machinery.industrial robot means a multi-functional manipulator and its controllers, capable of handling materials, parts, tools, or specialised devices, through variable programmed motions for the performance of a variety of tasks.lift means any permanent plant (or plant intended to be permanent) that is in or attached to a building or structure and by means of which persons, goods or materials may be raised or lowered within or on a car, cage or platform and the movement of which is restricted by a guide or guides and includes an apparatus in the nature of a stairway chair lift, escalator or moving walk, and any supporting structure, machinery, equipment, gear, lift well, enclosures and entrances.log book for an amusement device means a permanent written record of the details required to be kept under this Chapter in respect of the amusement device so as to form a comprehensive history in respect of it.manufacturer of plant includes an employer or self-employed person who manufactures plant for his, her or its own use at work.mast-climbing work platform means a hoist having a working platform used for temporary purposes to raise personnel and materials to the working position by means of a drive system mounted on an extendable mast that may be tied to a building.mobile crane means a crane capable of travelling over a supporting surface without the need for fixed runways (including railway tracks) and relying only on gravity for stability, that is, with no vertical restraining connection between itself and the supporting surface and no horizontal restraining connection (other than frictional forces at supporting-surface level) that may act as an aid to stability.operator protective devices include roll over protective structures, falling object protective structures, operator restraining devices and seat belts.plant includes any machinery, equipment or appliance.plant affecting public safety has the meaning set out in clause 83.powered winding system means any lifting plant used to carry people for the purposes of allowing access to the underground workings of a mining workplace or a coal workplace or for the purposes of inspecting and maintaining the system or the mine shaft, but does not include manually operated plant or light portable winches.prefabricated scaffolding means an integrated system of prefabricated components manufactured in such a way that the geometry of assembled scaffolds is pre-determined.pressure equipment means boilers, pressure vessels and pressure piping specifically covered by AS/NZS 1200:2000Pressure equipment (not being equipment or plant under pressure referred to in clause A4 of Appendix A to that Standard) and categorised as being of hazard level A, B, C or D according to the criteria identified in AS 4343—1999Pressure equipment—Hazard levels.pressure piping means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey fluid or to transmit fluid pressure, including distribution headers, bolting, gaskets, pipe supports and pressure retaining accessories but does not include a boiler or pressure vessel or any pipeline covered by the Gas Supply Act 1996, the Petroleum (Offshore) Act 1982 or the Pipelines Act 1967 or a pipeline within the meaning of clause 3 of Schedule 3 to this Regulation.pressure vessel means a vessel subject to internal or external pressure, including interconnected parts and components, valves, gauges and other fittings up to the first point of connection to connecting piping, and fired heaters and gas cylinders, but does not include a boiler or pressure piping or any pipeline covered by the Gas Supply Act 1996, the Petroleum (Offshore) Act 1982 or the Pipelines Act 1967.qualified electrical engineer means:(a) an electrical engineer who is a charter member of the Australian Institution of Engineers, or(b) a person belonging to a class of persons recognised as being qualified electrical engineers for the purposes of this Chapter by WorkCover (in relation to places of work that are not mining workplaces or coal workplaces) or by the Department Head (Mining) (in relation to places of work that are mining workplaces or coal workplaces).qualified engineer means:(a) a mechanical or structural engineer who is a charter member of the Australian Institution of Engineers, or(b) a person who is recognised as being competent to exercise the functions of a qualified engineer for the purposes of this Chapter by WorkCover (in relation to places of work that are not mining workplaces or coal workplaces) or by the Department Head (Mining) (in relation to places of work that are mining workplaces or coal workplaces).repair means to restore plant to an operating condition, but does not include routine maintenance, replacement or alteration.scaffold means a temporary structure, specifically erected to support access or working platforms.scaffolding equipment means any component, assembly or machine used or intended to be used in the construction of a scaffold.suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use and includes a boatswain’s chair.tower crane means a boom or jib crane mounted on a tower structure that is demountable or permanent and includes horizontal and luffing jib types.tractor means a motor vehicle, whether wheeled or track mounted, designed to provide power and movement of any attached machine or implement by a transmission shaft, belt or linkage system but does not include earthmoving machinery.use plant means work from, operate, maintain, inspect or clean plant.vehicle hoist means a vehicle-hoisting device, the purpose of which is to provide access for convenient under-chassis examination or service.work box means a personnel carrying device, designed to be suspended from a crane, to provide a working area for persons conveyed by and working from the box.workpiece means material, offcut or scrap (in any form) on which an item of plant is doing work, or any material, offcut or scrap (in any form) produced by an item of plant but does not include a load being lifted or moved by the plant.cl 82: Am 2005 (531), Sch 1 [6] [7]; 2007 No 27, Sch 1.31; 2008 (193), Sch 1 [23]–[28].
83 Plant affecting public safety
For the purposes of section 135 of the Act, plant of the following kinds is prescribed as plant affecting public safety, whether or not the plant is at a place of work or for use at work:(a) boilers categorised as being of hazard level A, B or C according to the criteria in AS 4343—1999Pressure equipment—Hazard levels,(b) boilers covered by the AMBSC Code—Part 1: Copper Boilers or the AMBSC Code–Part 2: Steel Boilers,(c) pressure vessels categorised as being of hazard level A, B or C according to the criteria in AS 4343—1999 except the following:(i) (Repealed)(ii) serially produced pressure vessels covered by AS 2971—1987Serially produced pressure vessels,(iii) pressure vessels that do not require periodic internal inspection in accordance with the criteria in Table 4.1 in AS/NZS 3788:1996Pressure equipment—In-service inspection,(d) lifts (including escalators and moving walkways) as defined in AS 1735.1—1999Lifts, escalators and moving walks Part 1: General requirements,(e) amusement devices (other than coin operated amusement devices),(f) gas cylinders.cl 83: Am 2005 (531), Sch 1 [8] [9].
Part 5.2 Design, manufacture and registration of plant
Division 1 Design of plant
Note—
See clause 7 (2) as to the extent of a designer’s duties under this Division.
84 Application
(1) This Division applies to the design of:(a) plant for use at work, and(b) plant affecting public safety.(2) This Division applies to:(a) plant designs, andthat are commenced after the prescribed date.(b) unless the context otherwise requires—alterations to plant designs,(3) In this clause:prescribed date means:(a) in relation to a workplace that is not a mining workplace or a coal workplace—1 September 2001, or(b) in relation to a mining workplace that is not a mine—1 September 2001, or(c) in relation to a mining workplace that is a mine—1 September 2008, or(d) in relation to a coal workplace—23 December 2006.cl 84: Am 2008 (193), Sch 1 [29] [30].
85 Manufacturers and importers of plant designed outside the State to ensure that designer’s responsibilities are met
A person who:(a) manufactures in New South Wales plant designed outside the State, ormust ensure that the responsibilities of a designer under this Division are met in relation to the plant.(b) imports plant designed outside the State for supply to others or for the person’s own use,Maximum penalty: Level 4.
86 Designer to identify hazards
A designer of plant must identify any foreseeable hazard that may arise from the design of the plant and that has the potential to harm the health or safety of any person during the manufacture, installation, erection, commissioning, use, repair, dismantling, storage or disposal of the plant at a place of work or, in the case of plant affecting public safety, at any other place at which the plant is located.Maximum penalty: Level 4.
87 Designer to assess risks
(1) A designer of plant must assess the risk of harm to the health or safety of any person arising from any hazard identified in accordance with this Division and, in particular, 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) identify the design requirements and any other actions necessary to eliminate or control the risk.(2) In carrying out risk assessment for the purposes of this clause, a designer of plant must take into account the following:(a) the impact of the plant on the work environment in which it is designed to operate,(b) the range of environmental and operational conditions in which the plant is intended to be manufactured, transported, installed and used,(c) the ergonomic needs of persons who may install, erect, use or dismantle the plant,(d) the need for safe access and egress for persons who install, erect, use or dismantle the plant,(e) any specific risk control measures required by this Regulation (including as to manual handling, hazardous substances, dangerous goods, and the working environment).Maximum penalty: Level 4.cl 87: Am 2005 (531), Sch 1 [10].
88 Designer to review risk assessment
A designer must review the risk assessment of plant whenever:(a) there is evidence that the risk assessment relating to the plant is no longer valid, or(b) an employer, manufacturer, supplier or owner of the plant provides the designer with information about a design fault that has the potential to harm the health or safety of any person.Maximum penalty: Level 4.
89 Designer to control risks
(1) A designer must design plant so that risks associated with the manufacture, installation, erection, commissioning, use, repair, dismantling, storage and disposal of the plant are eliminated or, if this is not reasonably practicable, are controlled.(2) In controlling risks, the designer must ensure that the plant is designed:(a) having regard to ergonomic principles, and(b) so that safe access can be gained to the various components for purposes of maintenance, adjustment, repair and cleaning, and(c) so that the build up of unwanted substances or materials that create a risk is minimised, and(d) in the case of plant designed to work near electrical conductors, having regard to such safety requirements as insulation, earthing and appropriate access to controls.Maximum penalty: Level 4.
90 Guarding—particular risk control measures
(1) A designer of plant must ensure that any device that prevents or reduces access to a danger point or area:(a) is designed to be a permanently fixed physical barrier or, if access to the danger point or area is required during normal operation, maintenance or cleaning:(i) is designed to be an interlocking type physical barrier, or(ii) is a presence sensing safeguarding system, and(b) is designed to make by-passing or defeating it, whether deliberately or by accident, as difficult as is reasonably possible, and(c) is designed to be of solid construction and securely mounted so as to resist impact and shock, and(d) is designed so as not to cause a risk itself.(2) In subclause (1), a presence sensing safeguarding system, in relation to plant, means a presence sensing safeguarding system that includes:(a) a sensing system that employs one or more forms of radiation, either self-generated or generated by pressure, and(b) an interface between the final switching devices of the system and the plant’s primary control elements, andwhereby the presence of a person or part of a person within a sensing field will cause the dangerous parts of the plant to be brought to a safe state.(c) plant stopping capabilities,(3) The designer must ensure that any guards intended to provide protection from parts of the plant or work pieces that may break, disintegrate or be ejected are designed to contain effectively the parts, work pieces or any fragments of them.(4) The designer must specify the work procedures, devices or tools that are necessary to clear safely any jamming or blockage of moving parts that may occur.Maximum penalty: Level 4.
91 Operational controls—particular risk control measures
(1) A designer of plant must ensure that operational controls are:(a) suitably identified on the plant so that their nature and function is clear, and(b) located so as to be operated readily and conveniently by each person using the plant, and(c) located or guarded to prevent unintentional activation, and(d) able to be locked in the “off” position (or include an alternative method of power isolation) to enable disconnection of all motive power and forces.(2) A designer must ensure that, if it is not reasonably practicable for the plant to be stopped during maintenance and cleaning, operational controls that permit safe controlled operation are provided.(3) A designer must ensure that, if:(a) plant is designed to be operated or attended by more than one person, andthe controls are of the “stop and lock-off” type so that the plant cannot be restarted after a stop control has been used unless each stop control is reset.(b) more than one control is fitted to the plant,Maximum penalty: Level 4.
92 Emergency stops and warning devices—particular risk control measures
(1) A designer of plant must ensure that, if warning devices are necessary to secure safety, they are placed in a position that serves that purpose.(2) A designer must ensure that emergency stop devices:(a) are prominent, clearly and durably marked and immediately accessible to each operator of the plant, and(b) have handles, bars or push buttons that are coloured red, and(c) are not able to be affected by electrical or electronic circuit malfunction.Maximum penalty: Level 4.
93 Design of powered mobile plant—particular risk control measures
(1) A designer of powered mobile plant must ensure that the plant is designed to minimise the risk of unintended overturning or a falling object coming into contact with the operator.(2) A designer must ensure that powered mobile plant is designed to incorporate an appropriate combination of operator protective devices if there is a risk of the plant overturning, objects falling on the operator or the operator being ejected.(3) A designer of powered mobile plant must ensure that:(a) a tractor designed to have a mass of 560 kg or more, but less than 15,000 kg, is designed to include a protective structure that conforms with AS 1636.1—1996, AS 1636.2—1996 and AS 1636.3—1996Tractors—Roll-over protective structures—Criteria and tests, as appropriate to the type of tractor involved, and(b) earth moving machinery designed to have a mass of 700 kg or more, but less than 100,000 kg, is designed to include a protective structure that conforms with AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997Earth-moving machinery—Protective structures.(3A) Subclause (3) does not apply to powered mobile plant intended for use in the underground parts of a mining workplace or a coal workplace.(3B) Despite subclause (3A), a person who designs powered mobile plant intended for use in the underground parts of a mining workplace or a coal workplace, in controlling risks, must ensure that the plant is designed having regard to the safety requirements specified in subclause (3) when determining measures to control the risk of overturning or of a falling object coming into contact with the operator.(4) A designer of powered mobile plant must ensure that the plant is designed to incorporate warning devices that are appropriate to warn effectively persons who are at risk from the movement of the plant.Maximum penalty: Level 4.cl 93: Am 2008 (193), Sch 1 [31].
94 Mandatory design standards—particular risk control measures
A designer of plant must ensure that the design of:(a) boilers and pressure equipment, and(b) cranes (including hoists and winches), and(c) scaffolding, and(d) lifts, escalators and moving walks, and(e) gas cylinders, andcomplies with relevant standards listed in Schedule 1 (Standards covering design and manufacture of plant).(f) amusement devices,Maximum penalty: Level 4.
95 Specifying work systems and operator competencies—particular risk control measures
A designer of plant must specify systems of work or operator competencies if they are necessary for the safe manufacture, installation, erection, commissioning, use, repair, maintenance, dismantling or disposal of plant.Maximum penalty: Level 4.
96 Designer to provide information
(1) A designer of plant must provide other persons who have responsibilities under this Regulation with all available information about the plant 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 these hazards,(c) eliminating or controlling those risks,(d) providing information.(2) Without limiting subclause (1), a designer of plant must ensure that a person who manufactures the plant is provided with sufficient information to enable the plant to be manufactured in accordance with the design specifications and, as far as practicable, with information relating to the following:(a) the purpose for which the plant is designed,(b) testing or inspections to be carried out on the plant,(c) installation, commissioning, operation, maintenance, inspection, cleaning, transport, storage and, if the plant is capable of being dismantled, dismantling of the plant,(d) systems of work necessary for the safe use of the plant,(e) knowledge, training or skill necessary for persons undertaking inspection and testing of the plant,(f) emergency procedures.(3) A designer of plant who manufactures the plant must ensure that the information specified in subclause (2) (a) to (f) inclusive is provided to any person who obtains the plant for the person’s own use or who supplies the plant to others.Maximum penalty: Level 4.
97 Designer to obtain information
(1) A designer of plant must obtain such available information as is necessary to enable the designer to fulfil the designer’s responsibilities under this Regulation 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) If a designer has a contract with an employer to design a specific item of plant, the designer must obtain from the employer any relevant information about matters with respect to the plant that may affect health and safety at the place of work.Maximum penalty: Level 4.
Division 2 Manufacture of plant
Note—
See clause 7 (2) as to the extent of a manufacturer’s duties under this Division.
98 Application
(1) This Division applies to the manufacture of:(a) plant for use at work, and(b) plant affecting public safety.(2) This Division applies to plant manufactured after 1 September 2001.(3) A manufacturer is not required to comply with clauses 100–103 within the period of 12 months after the prescribed date.(4) In this clause:prescribed date means:(a) in relation to a workplace that is not a mining workplace or a coal workplace—1 September 2001, or(b) in relation to a mining workplace that is not a mine—1 September 2001, or(c) in relation to a mining workplace that is a mine—1 September 2008, or(d) in relation to a coal workplace—23 December 2006.cl 98: Am 2008 (193), Schs 1 [32] [33], 2 [10].
99 Importers of plant manufactured outside the State to ensure that manufacturer’s responsibilities are met
A person who imports plant manufactured outside New South Wales for supply to others or for the person’s own use must ensure that the responsibilities of a manufacturer under this Division are met in relation to the plant.Maximum penalty: Level 4.
100 Manufacturer to identify hazards
A manufacturer of plant must identify any foreseeable hazard that may be incorporated into the plant during the manufacturing process and that has the potential to harm the health or safety of any person during the installation, erection, commissioning, use, repair, dismantling, storage or disposal of the plant at a place of work or, in the case of plant affecting public safety, at any other place at which the plant is located.Maximum penalty: Level 4.
101 Manufacturer to assess risks
A manufacturer of plant must assess the risk of harm to the health or safety of any person arising from any hazard identified in accordance with this Division and, in particular, 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) as far as practicable, consult with the designer of the plant with respect to actions necessary to eliminate or control the risk, and(c) identify any actions necessary to eliminate or control the risk, taking into account any specific risk control measures required by this Regulation (including as to manual handling, hazardous substances, dangerous goods, and the working environment).Maximum penalty: Level 4.cl 101: Am 2005 (531), Sch 1 [11].
102 Manufacturer to review risk assessment
A manufacturer of plant must review the risk assessment of plant whenever:(a) there is evidence that the risk assessment of the plant is no longer valid, or(b) the manufacturer is provided with information about a design or manufacturing fault that has the potential to harm the health or safety of any person.Maximum penalty: Level 4.
103 Manufacturer to control risks
(1) A manufacturer of plant must not incorporate any risk into the plant during the manufacturing process or, if this is not reasonably practicable, must control the risk.(2) Any such control of risks must, so far as is reasonably practicable, be achieved by means other than through the use of personal protective equipment.(3) In controlling risks, a manufacturer must ensure in relation to the manufacture of plant that:(a) if any fault in the design of the plant that may affect health or safety is identified during the manufacturing process:(i) the fault is not incorporated into the plant, and(ii) as far as is reasonably practicable, the designer of the plant is consulted regarding the rectification of the fault and, if possible, arrangements are made with the designer for the alteration of the design to eliminate or control the risk, andNote—Division 1 of this Part applies with respect to the alteration of designs. A manufacturer who alters a design to eliminate a risk must comply with the design requirements of Division 1 in relation to the alteration.(b) subject to paragraph (a)—plant specified in clause 94 (Mandatory design standards—particular risk control measures) and designed after the prescribed date is manufactured and inspected, and tested (if required), according to the relevant Standards set out in Schedule 1 (Standards covering design and manufacture of plant), having regard to the designer’s specifications, and(c) subject to paragraph (a) and so far as is reasonably practicable—plant specified in clause 94 and designed before the prescribed date is manufactured and inspected, and tested (if required), according to relevant Standards set out in Schedule 1, having regard to the designer’s specifications.(4) In this clause:prescribed date means:(a) in relation to a workplace that is not a mining workplace or a coal workplace—1 September 2001, or(b) in relation to a mining workplace that is not a mine—1 September 2001, or(c) in relation to a mining workplace that is a mine—1 September 2008, or(d) in relation to a coal workplace—23 December 2006.Maximum penalty: Level 4.cl 103: Am 2008 (193), Sch 1 [34] [35].
104 Manufacture of powered mobile plant—particular risk control measures
(1) A manufacturer of powered mobile plant must ensure that:(a) a tractor designed to have a mass of 560 kg or more, but less than 15,000 kg, is manufactured to include a protective structure that conforms with AS 1636.1—1996, AS 1636.2—1996 and AS 1636.3—1996Tractors—Roll-over protective structures—Criteria and tests, as appropriate to the type of tractor involved, and(b) earth moving machinery designed to have a mass of 700 kg or more, but less than 100,000 kg, is designed to include a protective structure that conforms with AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997Earth-moving machinery—Protective structures.(2) Subclause (1) does not apply to the manufacturer of powered mobile plant intended for use in the underground parts of a mining workplace or a coal workplace.(3) Despite subclause (2), a person who manufactures powered mobile plant intended for use in the underground parts of a mining workplace or a coal workplace, in controlling risks, must ensure that the plant is designed having regard to:(a) the control measures provided by the designer in compliance with clause 93 (1) and (2), andwhen determining measures to control the risk of overturning or of a falling object coming into contact with the operator.(b) the safety requirements specified in subclause (1) of this clause,Maximum penalty: Level 4.cl 104: Am 2008 (193), Sch 1 [36].
105 Manufacturer to provide information
(1) A manufacturer of plant must provide other persons who have responsibilities under this Regulation with all available information about the plant 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) In particular, a manufacturer of plant must ensure that a person supplying plant for use at work or plant affecting public safety is provided with:(a) the information provided to the manufacturer by the designer of the plant relating to the following:(i) the purpose for which the plant is designed,(ii) testing or inspections to be carried out on the plant,(iii) installation, commissioning, operation, maintenance, inspection, cleaning, transport, storage and, if the plant is capable of being dismantled, dismantling of the plant,(iv) systems of work necessary for the safe use of the plant,(v) knowledge, training or skill necessary for persons undertaking testing and inspection of the plant,(vi) emergency procedures, and(b) any document relating to the testing and inspection of the plant.(3) A manufacturer of plant who supplies plant for use at work or plant affecting public safety must ensure that the information specified in subclause (2) is provided to the owner or purchaser of the plant.(4) If, after the supply of a particular item of plant, a fault is found in plant of the same kind that may affect health or safety, the manufacturer must take all reasonable steps to advise the owner of the particular item of plant of the fault and provide the owner with details as to what steps are required to rectify the fault.Maximum penalty: Level 4.
106 Manufacturer to obtain information
(1) A manufacturer of plant must obtain such available information as is necessary to enable the manufacturer to fulfil the manufacturer’s responsibilities under this Regulation 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) A manufacturer must obtain the information that a designer is required to provide to the manufacturer under clause 96 (2).Maximum penalty: Level 4.
Division 3 Registration of plant
Note—
Clause 127 (2) (c) and (d) in Part 5.3 (Supply of plant) prohibits the hire or lease of certain items of plant unless they have a current design registration number or a current item registration number and clause 136 (1) in Part 5.4 (Working with plant) prohibits the use of certain items of plant unless similar requirements are met.
Subdivision 1 Registration of plant design
107 Application for registration of plant design
(1) A person may apply:(a) to WorkCover to register the design of plant specified in Part 1 of the Table to this clause, or(b) to the Department Head (Mining) to register the design of plant specified in Part 2 of the Table to this clause.(2) A person who applies for registration of a plant design must ensure that:(a) a competent person verifies and records in writing that:(i) in the case of plant specified in Part 1 of the Table to this clause—the design complies with relevant standards listed in Schedule 1 (Standards covering design and manufacture of plant), or(ii) in the case of plant specified in Part 2 of the Table to this clause—the design complies with the design and performance standards published in the Gazette by the Department Head (Mining), and(b) the design verifier does not have any involvement in the design being verified, and(c) the designer and the design verifier are not employed or engaged by the same person unless that person uses a quality system to undertake the design of items of plant that:(i) meets the requirements of AS/NZS/ISO 9001:1994Quality systems—Model for quality assurance in design, development, production, installation and servicing, and(ii) has been certified by a body accredited or approved by the Joint Accreditation System of Australia and New Zealand.(3) The application for registration of a plant design must be accompanied by the following:(a) a compliance statement, signed by the designer of the plant, stating that the designer has complied with the matters, specified in this Regulation, for which a designer of plant is responsible (unless the plant is listed under Part 2 of the Table to this clause and was manufactured before 23 December 2006, in the case of a coal workplace or was manufactured before 1 September 2008 in the case of a mining workplace that is a mine),(b) a verification statement for the purposes of subclause (2) that includes the name, business address and qualifications of the design verifier of the plant and, if applicable, the name and business address of any person employing the design verifier,(c) representational drawings of the plant design,(d) a fee in such amount as WorkCover or the Department Head (Mining), as the case requires, may determine as the appropriate amount to cover expenses in connection with the processing of applications for registration of plant designs,(e) any relevant statement of limitations of use.TablePart 1 General plantBoilers and pressure vessels categorised as being of hazard level A, B, C or D according to the criteria in AS 4343—1999Gas cylindersTower cranesGantry cranes with a rated capacity greater than 5 tonnesBridge cranes with a rated capacity greater than 10 tonnesGantry cranes and bridge cranes designed to handle molten metal or dangerous goods (within the meaning of the ADG Code)Mobile cranes with a rated capacity greater than 10 tonnesBoom-type elevating work platformsLifts (including escalators and moving walkways)Building maintenance unitsHoists, with a platform movement in excess of 2.4 metres, designed to lift peopleWork boxes suspended from cranesPrefabricated scaffoldingMast climbing work platformsVehicle hoistsAmusement devices (other than coin operated amusement devices) that are, or may be, operated otherwise than by manual powerPart 2 Mining specific plantDiesel engine systems used in underground mines at a coal workplacePowered winding systems used in a mining workplace or coal workplaceBooster fans used in underground mines at a coal workplaceBraking systems on plant used in underground transport in underground mines at a coal workplaceCanopies on continuous miners used in underground mines at a coal workplacePortable or hand-held plant or items used to determine or monitor the presence of gases for the purposes of the Coal Mine Health and Safety Act 2002 and used in underground mines at a coal workplaceBreathing apparatus to assist escape from the underground parts of the coal operation (including self-rescuers) used in underground mines at a coal workplaceShotfiring apparatus used in underground mines at a coal workplaceDetonators used in underground mines at a coal workplaceExplosive-powered tools used in underground mines at a coal workplaceRefuge chambers used in underground mines at a coal workplaceConveyor belts used in underground mines at a coal workplacecl 107: Am 2008 (193), Sch 1 [37]–[42].
108 Further information may be requested
On request from WorkCover or the Department Head (Mining), as the case requires, the applicant for registration of a plant design must provide, at any reasonable time required by WorkCover or the Department Head (Mining), any one or more of the following as specified in the request:(a) detailed drawings of the plant design,(b) design calculations,(c) details of operating instructions,(d) diagrams of control systems, including the sequence of operating the controls,(e) details of maintenance requirements,(f) a statement of limitations of use.Note—An applicant for registration of a plant design commits an offence under clause 356 if the applicant makes a false or misleading statement in the application.cl 108: Am 2008 (193), Sch 1 [43] [44].
109 Processing of application
(1) On receipt of the application for registration of a plant design, WorkCover or the Department Head (Mining), as the case requires, must, subject to being provided with any further information that WorkCover or the Department Head (Mining) requires under this Subdivision for the purposes of the application:(a) register the plant design (with or without conditions, including any limitations of use) and issue a design registration number, or(b) refuse to register the plant design.Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover or the Department Head (Mining) to refuse to register a plant design under this clause.(2) A design registration applies only to a design as described and verified in the application for registration of the design.cl 109: Am 2008 (193), Sch 1 [45]–[48].
110 Cancellation of design registration in certain circumstances
(1) WorkCover may cancel the registration of a plant design registered by WorkCover if satisfied that:(a) the applicant for registration of the plant design made a statement or furnished information, in or in connection with the application for the plant design, that the applicant knew, when the statement was made or the information was provided, to be false or misleading in a material particular, or(b) on the basis of information received by WorkCover, the design is unsafe.(1A) The Department Head (Mining) may cancel the registration of a plant design registered by the Department Head (Mining) if satisfied that:(a) the applicant for registration of the plant design made a statement or furnished information, in or in connection with the application for the plant design, that the applicant knew, when the statement was made or the information was provided, to be false or misleading in a material particular, or(b) on the basis of information received by the Department Head (Mining), the design is unsafe.(2) Before cancelling the registration, WorkCover or the Department Head (Mining), as the case requires:(a) must cause notice of the proposed cancellation to be given to the person to whom the plant design registration number was issued, and(b) must give the person a reasonable opportunity to make representations to WorkCover or the Department Head (Mining), as the case requires, in relation to the proposed cancellation, and(c) must have regard to any representations so made.(3) The cancellation of a plant design takes effect on the date on which notice of the cancellation is given to the person to whom the plant design registration number was issued or on such later date as may be specified in the notice.cl 110: Am 2008 (193), Sch 1 [49]–[52].
111 Design registration number to be provided to certain persons
(1) A person who is issued with a design registration number under this Subdivision must provide the number to any person who proposes to manufacture plant to the design to which the number relates or who proposes to sell or transfer plant manufactured to the design to which the number relates.(2) A person who sells or transfers plant that has been manufactured to a design for which a design registration number has been issued must provide the number to any person who owns the plant or who has control of the plant.Maximum penalty: Level 1.
112 Registration under equivalent law
A design is taken to be registered under and for the purposes of this Regulation if a design registration number has been issued for it by a statutory authority under a law that imposes registration requirements that are reasonably equivalent to the registration requirements imposed by this Subdivision.
112A Savings concerning coal workplaces
(1) An item of plant design referred to in Part 2 of the Table to clause 107 that was approved, or taken to be approved, under clause 70 of the Coal Mines (General) Regulation 1999, and any plant design that is in the opinion of the Chief Inspector equivalent to such an approved plant design:(a) if the approval was given less than 20 years before 23 December 2006—is, until 23 December 2008, taken to be registered under this Chapter subject to the same conditions as to which it was approved, or(b) if the approval was given 20 years or more before 23 December 2006—is, until 23 December 2007, taken to be registered under this Chapter subject to the same conditions as to which it was approved.(2) The registration of a plant design referred to in subclause (1) may be varied, suspended or cancelled in accordance with this Chapter.(3) In this clause:Chief Inspector means the Chief Inspector appointed under the Coal Mine Health and Safety Act 2002.cl 112A: Ins 2008 (193), Sch 1 [53].
Subdivision 2 Registration of items of plant
113 Application for registration of item of plant
(1) In this clause:person who has control in relation to an item of plant, includes the owner or a lessee of the plant.(2) A person:(a) who has control of an item of plant specified in Part 1 of the Table to this clause may apply to WorkCover to register the plant, or(b) who has control of an item of plant specified in Part 2 of the Table to this clause may apply to the Department Head (Mining) to register the plant.(3) A person who applies for the registration of an item of plant must provide the following at the time of making the application:(a) sufficient information to identify the item of plant clearly,(b) if the design of the plant is required to be registered, notification of:(i) the design registration number, and(ii) the name of the statutory authority with which the plant design is registered,(c) a statement that the plant has been inspected by a competent person and is safe to operate,(d) a fee in such amount as WorkCover or the Department Head (Mining), as the case requires, may determine as the appropriate amount to cover expenses in connection with the processing of applications for registration of an item of plant.(4) A person who applies for the registration of an item of plant must provide WorkCover or the Department Head (Mining), as the case requires, with any additional information concerning the plant that WorkCover or the Department Head (Mining) reasonably requires at the time of the making of the application or at any reasonable time after that time.Note—An applicant for registration of an item of plant commits an offence under clause 356 if the applicant makes a false or misleading statement in the application.TablePart 1 General plantBoilers categorised as being of hazard level A, B or C according to the criteria in AS 4343—1999Pressure vessels categorised as being of hazard level A, B or C according to the criteria in AS 4343—1999 except the following:(a) LP gas fuel vessels for automotive use covered by AS/NZS 3509:1996,(b) serially produced pressure vessels covered by AS 2971—1987,(c) pressure vessels that do not require periodic internal inspection in accordance with the criteria in Table 4.1 in AS/NZS 3788:1996Lifts (including escalators and moving walkways) as defined in AS 1735 Parts 1 to 17 (as listed in Schedule 1)Amusement devices (other than coin operated amusement devices) that are, or may be, operated otherwise than by manual powerTower cranesBuilding maintenance unitsConcrete placing units (truck mounted with boom)Mobile cranes with a safe working load greater than 10 tonnesPart 2 Mining specific plantBooster fans used in underground mines at a coal workplaceDiesel engine systems used in underground mines at a coal workplacePowered winding systems used in a coal workplace or mining workplace.cl 113: Am 2008 (193), Sch 1 [54]–[58].
114 Additional requirements for application to register amusement device
An owner of an amusement device who wishes to apply to WorkCover to register an amusement device referred to in the Table to clause 113 must, in addition to complying with clause 113, provide the following at the time of making the application:(a) 2 photographs of the amusement device,(b) a certificate of a qualified engineer certifying that:(i) the engineer has, within 3 months before the date of the application, inspected the amusement device (including an inspection of the amusement device assembled and in operation without passengers), and(ii) in the engineer’s opinion, the amusement device is mechanically and structurally capable, under the conditions of use specified in the application, of safely supporting, at any one time, the number of persons or the load stated in the application to be the maximum number of persons or the maximum load to be supported by the amusement device, and(iii) the engineer has checked that all necessary maintenance of, and repairs to, the amusement device have been carried out, that details of the maintenance and repairs have been accurately recorded in the log book for the amusement device by a competent person and that the operating and maintenance manuals for the amusement device are kept with it, and(iv) if the amusement device was manufactured on or after 5 December 1997, it complies with such of the provisions of AS 3533.1—1997Amusement rides and devices Part 1: Design and construction as are applicable to it,(c) if the amusement device includes any electrical installation, a certificate of a qualified electrical engineer, issued within 3 months before the date of the application, certifying that the engineer has inspected the electrical installation and that, in the engineer’s opinion, the electrical installation:(i) complies with the provisions of AS/NZS 3000:2000Electrical installations (known as Australian/New Zealand Wiring Rules) and AS 3002—1985Electrical installations—Shows and carnivals that are applicable to it and that were so applicable at the time of its initial manufacture, or(ii) if manufactured on or after 5 December 1997, complies with such of the provisions of AS 3533.1—1997 that are applicable to it.
115 Processing of application
On receipt of the application for registration of an item of plant, WorkCover or the Department Head (Mining), as the case requires, must, subject to clause 113 (4):(a) register the plant (with or without conditions) and issue evidence, in accordance with this Subdivision, that the plant is currently registered, or(b) refuse to register the plant.Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover or the Department Head (Mining) to refuse to register an item of plant or to impose a condition on registration of an item of plant under this clause.cl 115: Am 2008 (193), Sch 1 [59] [60].
116 Cancellation of registration of item of plant in certain circumstances
(1) WorkCover may cancel the registration of an item of plant registered by WorkCover if:(a) satisfied that the applicant for registration of the plant made a statement or furnished information, in or in connection with the application for registration, that the applicant knew, when the statement was made or the information was provided, to be false or misleading in a material particular, or(b) the registration of the plant design for plant of the kind concerned has been cancelled under clause 110.(1A) The Department Head (Mining) may cancel the registration of an item of plant registered by the Department Head (Mining) if:(a) satisfied that the applicant for registration of the plant made a statement or furnished information, in or in connection with the application for registration, that the applicant knew, when the statement was made or the information was provided, to be false or misleading in a material particular, or(b) the registration of the plant design for plant of the kind concerned has been cancelled under clause 110.(2) Before cancelling the registration, WorkCover or the Department Head (Mining), as the case requires:(a) must cause notice of the proposed cancellation to be given to the person by whom the item of plant was registered, and(b) must give the person a reasonable opportunity to make representations to WorkCover or the Department Head (Mining), as the case requires, in relation to the proposed cancellation, and(c) must have regard to any representations so made.(3) The cancellation of the registration of an item of plant takes effect on the date on which notice of the cancellation is given to the person who registered the plant or on such later date as may be specified in the notice.cl 116: Am 2008 (193), Sch 1 [61]–[64].
117 Automatic cancellation of registration
The registration of an item of plant is cancelled by the operation of this clause if:(a) the plant is altered, or(b) in the case of plant that is normally fixed in position, the plant is relocated and the person who registered the item of plant (that is, WorkCover or the Department Head (Mining)) is not notified of the relocation within 14 days of its occurrence, or(c) there is a change of the person in control of the plant (including a change of owner or lessee) and the person who registered the item of plant (that is, WorkCover or the Department Head (Mining)) is not notified of the change within 14 days of its occurrence, or(d) there is a breach of a condition subject to which the plant was registered under clause 115 (a).Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover or the Department Head (Mining) to cancel the registration of an item of plant under this clause.cl 117: Am 2008 (193), Sch 1 [65] [66].
118 Renewal of registration
(1) In this clause:person who has control, in relation to plant that is an amusement device, includes the owner or a lessee of the amusement device.(2) A person who has control of plant that is registered by WorkCover or the Department Head (Mining), as the case requires, under this Subdivision must provide WorkCover, at the intervals specified in guidelines issued by WorkCover or the Department Head (Mining) from time to time in relation to such plant, with such information concerning compliance with requirements relating to maintenance of the plant as WorkCover or the Department Head (Mining) may specify.Maximum penalty: Level 1.(3) A notification under this clause must comply with the guidelines referred to in subclause (2) and must be accompanied by:(a) a statement, by the person who has control of the plant, that the plant has been maintained and is safe to operate, and(b) a fee in such amount as WorkCover or the Department Head (Mining), as the case requires, may determine as the appropriate amount to cover the administrative costs of WorkCover or the Department Head (Mining) in connection with the renewal of the registration of items of plant.(4) A notification under this clause in respect of an amusement device must also be accompanied by:(a) a certificate of a qualified engineer as referred to in clause 114 (b) (certificate to be lodged with an application to register an amusement device), and(b) if the amusement device includes any electrical installation, a certificate of a qualified electrical engineer, issued within 3 months before the date of the notification, certifying that the engineer has inspected the electrical installation and that, in the engineer’s opinion, the electrical installation complies with such of the provisions of AS 3533.1—1997Amusement Rides and Devices Part 1: Design and Construction as are applicable to it.(5) On receipt of a notification under this clause, WorkCover or the Department Head (Mining), as the case requires, must:(a) issue evidence that the plant is currently registered, or(b) seek additional information concerning the plant.(6) If a notification under this clause is not received by WorkCover or the Department Head (Mining), as the case requires, by the date on which it is due, or if the information in the notification is not satisfactory to WorkCover or the Department Head (Mining), WorkCover or the Department Head (Mining) may discontinue the registration of an item of plant.Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover or the Department Head (Mining) to discontinue the registration of an item of plant under this clause.(7) WorkCover or the Department Head (Mining), as the case requires, may accept a late notification under this clause.cl 118: Am 2008 (193), Sch 1 [67]–[75].
119 Registration under equivalent law
An item of plant (other than an amusement device or plant normally fixed in position) is taken to be registered under and for the purposes of this Regulation if the item has been registered by a statutory authority under a law that imposes registration requirements that are reasonably equivalent to the registration requirements imposed by this Subdivision.
119A Savings concerning coal workplaces
(1) An item of plant referred to in Part 2 of the Table to clause 113 that was approved, or taken to be approved, under clause 70 of the Coal Mines (General) Regulation 1999, and any item that is in the opinion of the Chief Inspector equivalent to such an approved item:(a) if the approval was given less than 20 years before 23 December 2006—is, until 23 December 2008, taken to be registered under this Chapter subject to the same conditions as to which it was approved, or(b) if the approval was given 20 years or more before 23 December 2006—is, until 23 December 2007, taken to be registered under this Chapter subject to the same conditions as to which it was approved.(2) The registration of an item referred to in subclause (1) may be varied, suspended or cancelled in accordance with this Chapter.(3) In this clause:Chief Inspector means the Chief Inspector appointed under the Coal Mine Health and Safety Act 2002.cl 119A: Ins 2008 (193), Sch 1 [76].
Part 5.3 Supply of plant
Note—
See clause 7 (2) as to the extent of a supplier’s duties under this Part.
Division 1 Preliminary
120 Application
(1) This Part applies to the sale, transfer, lease and hire of plant for use at work and plant affecting public safety.(2) In addition to applying to plant of the kinds referred to in subclause (1), Division 3 also applies to the hire or lease of the following plant in a place of work that is not under the management or control of an employer:(a) plant under pressure,(b) plant designed to lift or move people, equipment or materials including escalators, moving walks and lifts.(3) This Part applies to plant supplied after the prescribed date.(4), (5) (Repealed)(6) In this clause:prescribed date means:(a) in relation to a workplace that is not a mining workplace or a coal workplace—1 September 2001, or(b) in relation to a mining workplace that is not a mine—1 September 2001, or(c) in relation to a mining workplace that is a mine—1 September 2008, or(d) in relation to a coal workplace—23 December 2006.Note—See clauses 85 and 99 as to compliance with the requirements of this Chapter relating to plant designed or manufactured outside New South Wales and imported for supply in the State.cl 120: Am 2008 (193), Schs 1 [77]–[80], 2 [11].
Division 2 Sale or transfer of plant
121 Seller or transferor to control risks
(1) A person who sells or transfers new plant must ensure that risks arising from the condition of the plant are eliminated or, if this is not reasonably practicable, controlled.(2) A person selling or transferring used plant (other than plant for use as scrap or as spare parts for other plant) must advise the purchaser or intended owner of the plant in writing (before the sale or transfer) of any faults detected in the plant and, if appropriate, that the plant is not to be used until the faults are rectified.(3) Without limiting subclause (1), the person selling or transferring the plant must ensure that the plant complies with relevant risk control measures specified in clauses 89–95.Maximum penalty: Level 4.
122 Seller or transferor to provide information
(1) A person who sells or transfers plant must ensure that:(a) in respect of new plant—the purchaser or new owner of the plant is provided with all available information concerning health and safety about the plant received by the person from the manufacturer, and(b) in respect of used plant—the purchaser or new owner of the plant is provided with:(i) all available information concerning health and safety about the plant received by the person from the designer and manufacturer, and(ii) if available, any record kept by the previous owner of the plant in accordance with the requirements of this Regulation, and(c) the purchaser or new owner of the plant is provided with any information, data or certificate provided or kept in accordance with the standards specified in Schedule 1 (Standards covering design and manufacture of plant).(2) If plant is suitable only for use as scrap or for spare parts for other plant, the person who is selling or transferring it must advise the purchaser or new owner of the plant in writing or by marking on the plant, before it is sold or transferred, that:(a) the plant is sold or transferred for use as scrap or for spare parts for other plant only, and(b) the plant in its current state must not to be used for work but may be used only as scrap or for spare parts.Maximum penalty: Level 4.
123 Seller or transferor to obtain information
(1) A person who sells or transfers plant must obtain such information as is necessary to enable the person to fulfil the person’s responsibilities with respect to the following:(a) eliminating or controlling risks in respect of the plant,(b) providing information.(2) A person who sells or transfers plant must obtain the information that a manufacturer is required to provide to the person under clause 105 (Manufacturer to provide information).Maximum penalty: Level 4.
Division 3 Hiring or leasing plant
Note—
Clause 120 (1) and (2) applies this Division to plant for use at work, plant affecting public safety and certain other plant (plant under pressure and plant designed to lift or move people, equipment or materials including escalators, moving walks and lifts) that is not under the management or control of an employer but is the responsibility of the owner of the plant.
124 Hirer or lessor to identify hazards
(1) A person who hires or leases plant to another person must identify any foreseeable hazard that may arise from the condition of the plant and that has the potential to harm the health or safety of any person during the installation, erection, commissioning, use, repair, dismantling, storage or disposal of the plant at a place of work or, in the case of plant affecting public safety, at any other place at which the plant is located.(2) Without limiting subclause (1), the person hiring or leasing the plant must ensure that:(a) the plant is inspected regularly and, at a minimum, once between each hiring and leasing, and(b) inspections of the plant are carried out having regard to procedures:(i) recommended by the designer and manufacturer, or(ii) developed by a competent person.Maximum penalty: Level 4.
125 Hirer or lessor to assess risks
(1) A person who hires or leases plant to another person must assess the risk of harm to the health or safety of any person arising from any hazard identified in accordance with this Division and, in particular, 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) identify any actions necessary to eliminate or control the risk, taking into account any specific risk control measures required by this Regulation (including as to manual handling, hazardous substances, dangerous goods, and the working environment), and(c) identify the records that it is necessary to keep to ensure that risks are eliminated or controlled and determine the length of time for which the records are to be kept.(2) A person who hires or leases plant to another person must ensure that:(a) an assessment is carried out to determine:(i) whether the plant should be tested to check if new or increased risks to health or safety have developed, and(ii) if so, the frequency at which the testing should occur, and(b) if the need for testing is identified, the testing is carried out and recorded and the records of the testing are maintained for the operating life of the plant.(3) The assessment may be carried out:(a) on individual items of plant, or(b) if multiple items of plant of the same design are installed and used under conditions that are the same for all practical purposes—on a representative sample of the items.Maximum penalty: Level 4.cl 125: Am 2005 (531), Sch 1 [12].
126 Hirer or lessor to review risk assessment
A person who hires or leases plant to another person must review a risk assessment whenever:(a) there is evidence that the risk assessment of the plant is no longer valid, or(b) the designer or manufacturer of the plant or a person who has hired or leased the plant or similar plant provides information about a fault in the plant or similar plant that has the potential to harm the health or safety of any person.Maximum penalty: Level 4.
127 Hirer or lessor to control risks
(1) A person who hires or leases plant to another person must ensure that risks arising from the condition of the plant are eliminated or, if this is not practicable, controlled.(2) Without limiting subclause (1), the person hiring or leasing the plant to another person must not hire or lease:(a) plant designed or manufactured before the prescribed date unless the plant complies with relevant control measures specified in clauses 89–93 inclusive, and(b) plant designed and manufactured after the prescribed date unless the plant complies with relevant control measures specified in clauses 89–94 inclusive, and(c) plant of a kind specified in the Table to clause 107 (Plant for which designs are to be registered) unless the plant has a current design registration number issued under clause 109 (Processing of application by WorkCover) and evidence of the registration is provided with the plant, and(d) plant of a kind specified in the Table to clause 113 (Items of plant required to be registered) unless the plant has a current item registration number issued under clause 115 or 118 (or under the Construction Safety Regulations 1950) and evidence of the registration is provided with the plant.(3) A person who hires or leases plant referred to in subclause (2) (c) to another person must inform that other person of any limitations of use provided in the design registration conditions.(4) (Repealed)(5) In this clause:prescribed date means:(a) in relation to a workplace that is not a mining workplace or a coal workplace—1 September 2001, or(b) in relation to a mining workplace that is not a mine—1 September 2001, or(c) in relation to a mining workplace that is a mine—1 September 2008, or(d) in relation to a coal workplace—23 December 2006.Maximum penalty: Level 4.Note—Division 1 of Part 5.2 relating to the design of plant also applies to alterations to plant designs. A supplier who alters a design to eliminate or control a risk must comply with the design requirements of that Division. (See clause 84 (2) (b) and see also the definition of alter in clause 82 (1).)cl 127: Am 2008 (193), Schs 1 [81]–[83], 2 [12].
128 Maintenance, repair, testing and cleaning of plant—particular risk control measures
(1) A person who hires or leases plant to another person must ensure that:(a) maintenance and cleaning are carried out having regard to procedures:(i) recommended by the designer and manufacturer, or(ii) developed by a competent person, and(b) all safety features of the plant (including, in the case of plant intended to be used on or near electrical conductors, all insulation, earthing and controls) and all warning devices for the plant are maintained and tested, and(c) if plant has been damaged or worn to the extent that its function or condition is likely to be impaired and the risk to health or safety is likely to be increased, a competent person assesses the damage or wear and advises the hirer or lessor as to:(i) the nature and extent of the damage or wear, and(ii) whether or not the function or condition of the plant has been impaired owing to the damage or wear, and(iii) whether or not any such impairment has produced an increase in risk to health or safety, and(iv) whether the plant is able to be repaired and, if so, what repairs must be carried out to minimise risks to health and safety, and(d) maintenance, repair, cleaning and, if necessary, testing is carried out by a competent person, and(e) repairs to the plant are carried out so as to retain the plant within its design limits.Maximum penalty: Level 4.(2) In the case of plant that is an amusement device, the reference in subclause (1) (c) to a competent person is to be read as a reference to a qualified engineer.
129 Plant under pressure—particular risk control measures
A person who hires or leases plant under pressure to another person must ensure:(a) pressure equipment (excluding gas cylinders) is inspected and maintained in accordance with AS/NZS 3788:1996Pressure equipment—in-service inspection so far as it is relevant to the pressure equipment concerned, and(b) gas cylinders comply with AS 2030 Parts 1, 2 and 4 (as listed in Schedule 1) and are inspected and maintained in accordance with that Australian Standard.Maximum penalty: Level 4.
130 Powered mobile plant—particular risk control measures
(1) A person must not hire or lease to another person a tractor designed to have a mass of 560 kg or more, but less than 15,000 kg, unless:(a) if the tractor was manufactured, imported or originally purchased after 1981, it is securely fitted with a protective structure that conforms with AS 1636.1—1996, AS 1636.2—1996 and AS 1636.3—1996Tractors—Roll-over protective structures—Criteria and tests, or(b) if the tractor was manufactured, imported or originally purchased during or before 1981, it is securely fitted with:(i) a roll-over protective structure that conforms with AS 1636.1—1996, AS 1636.2—1996 and AS 1636.3—1996Tractors—Roll-over protective structures—Criteria and tests, or(ii) if such a structure is not available, an alternative roll-over protective structure designed by a suitably qualified engineer having regard to the performance requirements of AS 1636.1—1996.(2) A person must not hire or lease to another person earthmoving machinery designed to have a mass of 700 kg or more, but less than 100,000 kg, unless:(a) if the machinery was manufactured, imported or originally purchased after 1989, it is securely fitted with a protective structure that conforms with AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997Earth-moving machinery—Protective structures, or(b) if the machinery was manufactured, imported or originally purchased during or before 1989, it is securely fitted with:(i) a protective structure that conforms with AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997, or(ii) if such a structure is not available, an alternative protective structure designed by a suitably qualified engineer having regard to the performance requirements of AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997.(3) In designing an alternative structure for the purposes of this clause, an engineer may, if satisfied that deformation testing is not required, substitute calculated deformations.(4) Such a structure must be identified with the information required by:(a) AS 1636.1—1996, orwhichever is appropriate.(b) AS 2294.1—1997, AS 2294.2—1997 or AS 2294.3—1997,(5) Subclauses (1)–(4) do not apply to powered mobile plant intended for use in the underground parts of a mining workplace or a coal workplace.(6) Despite subclause (5), a person who hires powered mobile plant intended for use in the underground parts of a mining workplace or a coal workplace, in controlling risks, must ensure that the plant is a designed having regard to the safety requirements specified in subclauses (1)–(4) when determining measures to control the risk of overturning or a falling object coming into contact with the operator.Maximum penalty: Level 4.cl 130: Am 2008 (193), Sch 1 [84].
131 Hirer or lessor to keep records
A person who hires or leases plant of a kind specified in the Table to this clause to another person must make and keep records of any tests, maintenance, inspections, commissioning or alteration of plant relevant to controlling risks arising from the plant.Maximum penalty: Level 3.Table Plant for which records are to be keptBoilers categorised as being of hazard level A, B or C according to the criteria in AS 4343—1999Pressure vessels categorised as being of hazard level A, B or C according to the criteria in AS 4343:1999 except the following:(a) LP gas fuel vessels for automotive use covered by AS/NZS 3509:1996,(b) serially produced pressure vessels covered by AS 2971—1987,(c) pressure vessels that do not require periodic internal inspection in accordance with the criteria in Table 4.1 in AS/NZS 3788:1996Tower cranesLifts (including escalators and moving walkways)Building maintenance unitsConcrete placing units (truck mounted with boom)Personnel and materials hoistsConcrete placing unitsIndustrial lift trucksMobile cranesGantry cranes with a rated capacity greater than 5 tonnesBridge cranes with a rated capacity greater than 10 tonnesGantry cranes and bridge cranes designed to handle molten metal or dangerous goods (within the meaning of the ADG Code)Boom-type elevating work platformsHoists, with a platform movement in excess of 2.4 metres, designed to lift or support peopleMast climbing work platformsVehicle hoistsAmusement devicesPowered winding systems used in underground mines at a mining workplace or a coal workplaceConveyors in a mining workplaceEarth moving machinery in a mining workplacecl 131: Am 2008 (193), Schs 1 [85], 2 [13].
132 Hirer or lessor to provide information
(1) A person who hires or leases plant to another person must provide other persons who have responsibilities under this Regulation with all available information about the plant 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 subclause (1), a person who hires or leases plant to another person must ensure that the person is provided with relevant health and safety information about the plant including, if appropriate, information about the commissioning, installation, use, testing, de-commissioning and dismantling of the plant.(3) Without limiting subclause (1), a person who hires or leases an amusement device to another person must ensure that the person hiring or leasing the amusement device is provided with:(a) the log book for the amusement device in which details of all tests, maintenance, inspections, commissioning, alteration or repair of the amusement device have been accurately recorded by a competent person, and(b) the operating and maintenance manuals for the amusement device.Maximum penalty: Level 4.cl 132: Am 2008 (193), Sch 2 [14].
133 Hirer or lessor to obtain information
(1) A person who hires or leases plant to another person must obtain such information as is necessary to enable the person to fulfil the person’s 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 subclause (1), a person who hires or leases plant must obtain the information that a manufacturer is required to provide to the person under clause 105 (Manufacturer to provide information).Maximum penalty: Level 4.cl 133: Am 2008 (193), Sch 2 [15].
Part 5.4 Working with plant
Note—
See note at beginning of this Chapter as to employer including self-employed person.
134 Application
(1) This Part deals with the installation, erection, commissioning, use, maintenance, repair, dismantling, storage and disposal of plant for use at work and plant affecting public safety.(2) The requirements of this Part as to the installation, erection and commissioning of plant apply to plant installed, erected and commissioned:(a) in relation to workplaces that are not coal workplaces or mining workplaces, after 1 September 2001, or(b) in relation to mining workplaces that are not mines, after 1 September 2001, or(c) in relation to coal workplaces, after 23 December 2006, or(d) in relation to mining workplaces that are mines, after 1 September 2008.(3) The requirements of this Part as to the use, maintenance, repair, dismantling, storage and disposal of plant apply to all plant to which this Part applies, whether manufactured before or after 1 September 2001.(4) For the purposes of this Regulation, a lift or an amusement device registered under the Construction Safety Regulations 1950 immediately before 1 September 2001 is taken to be plant registered under Subdivision 2 of Division 3 of Part 5.2.cl 134: Am 2008 (193), Schs 1 [86], 2 [16] [17].
135 Installation, erection and commissioning of plant—particular risk control measures
An employer must ensure, in complying with the requirements of clause 11 (Employer to eliminate or control risks) as to the control of risks arising from the installation, erection or commissioning of plant that:(a) the plant is erected, installed or commissioned having regard to the instructions of the designer and manufacturer, or to instructions developed by a competent person, in so far as they relate to health and safety, and(b) a competent person undertakes the installation, erection or commissioning and is provided with all information necessary to enable plant to be installed and commissioned so as to eliminate risks to health and safety or, if this is not practicable, to control them, and(c) the plant is installed, erected and commissioned in a location that is suitable for the operation being undertaken and the type of plant being used, and(d) plant that is designed to be operated in a fixed position is positioned on and, if necessary, fixed to, a secure base in order to prevent inadvertent movement when power is applied or while the plant is in operation, and(e) there is sufficient clear space around the plant to allow the plant to be used and repaired, and(f) there is sufficient space for access to and egress from parts of the plant that require cleaning and maintenance, and(g) emergency lighting, safety doors and alarm systems are provided if access to plant is required as part of normal operation and persons may be trapped and exposed to increased risk due to heat, cold or lack of oxygen, and(h) interim safeguards are used during testing, if the final means of safeguarding are not in place, and(i) as far as can be determined by commissioning, the plant is safe for transfer into active service, and(j) if the plant is an amusement device, details of the erection of the amusement device are recorded in the log book for the amusement device on each occasion on which it is erected.Maximum penalty: Level 4.Note—Division 1 of Part 5.2 relating to the design of plant also applies to alterations to plant designs. A supplier who alters a design to eliminate or control a risk must comply with the design requirements of that Division. (See clause 84 (2) (b) and see also the definition of alter in clause 82 (1).)cl 135: Am 2008 (193), Sch 2 [18].
136 Use of plant—registration requirements
(1) An employer must ensure that any plant used at a place of work (other than a mining workplace that is a mine, or a coal workplace) that is of a kind specified in Part 1 of the Table to clause 107 and that was designed after the prescribed date is not used unless:(a) the plant has a current design registration number issued under Subdivision 1 of Division 3 of Part 5.2, and(b) evidence of the registration (including any conditions of registration and limitations of use) is readily accessible.Maximum penalty: Level 3.(2) An employer must ensure that any plant used at a place of work (other than a mining workplace that is a mine or a coal workplace) that is of a kind specified in Part 1 of the Table to clause 113 is not used unless:(a) the plant has a current item registration issued under Subdivision 2 of Division 3 of Part 5.2 (or under the Construction Safety Regulations 1950), and(b) evidence of the registration (including any conditions of registration and limitations of use) is displayed on or near the plant.Maximum penalty: Level 3.(3) An employer must ensure that any plant used at a mining workplace that is a mine, or a coal workplace, that is of a kind specified in Part 1 of the Table to clause 107 and that was designed after the prescribed date is not used unless:(a) the plant has a current design registration number issued under Subdivision 1 of Division 3 of Part 5.2, and(b) evidence of the registration (including any conditions of registration and limitations of use) is readily accessible.Maximum penalty: Level 3.(4) An employer must ensure that any plant used at a mining workplace that is a mine, or a coal workplace, that is of a kind specified in Part 1 of the Table to clause 113 is not used unless:(a) the plant has a current item registration issued under Subdivision 2 of Division 3 of Part 5.2 (or under the Construction Safety Regulations 1950), and(b) evidence of the registration (including any conditions of registration and limitations of use) is displayed on or near the plant.Maximum penalty: Level 3.(5) An employer must ensure that any plant used at a mining workplace that is a mine, or a coal workplace, that is of a kind specified in Part 2 of the Table to clause 107 is not used unless:(a) the plant has a current design registration number issued under Subdivision 1 of Division 3 of Part 5.2, and(b) evidence of the registration (including any conditions of registration and limitations of use) is readily accessible.Maximum penalty: Level 3.(6) An employer must ensure that any plant used at a mining workplace that is a mine, or a coal workplace, that is of a kind specified in Part 2 of the Table to clause 113 is not used unless:(a) the plant has a current item registration issued under Subdivision 2 of Division 3 of Part 5.2 (or under the Construction Safety Regulations 1950), and(b) evidence of the registration (including any conditions of registration and limitations of use) is displayed on or near the plant.Maximum penalty: Level 3.(7) In the case of:(a) plant used at a mining workplace that is a mine:(i) subclauses (3) and (4) do not apply until 1 September 2009, and(ii) subclauses (5) and (6) do not apply until 1 September 2010, and(b) plant used at a coal workplace, subclauses (3), (4), (5) and (6) do not apply until 23 December 2007.(8) An employer must ensure that plant to which this clause refers is used only in accordance with any conditions of registration including any limitations of use provided in the design registration.Maximum penalty: Level 3.(9) A reference in this clause to an employer extends to an owner of plant affecting public safety.(10) In this clause:prescribed date means:(a) in the case of plant used at a workplace that is not a mining workplace or a coal workplace—1 September 2001, or(b) in the case of plant used at a mining workplace that is a mine, that is plant referred to in Part 1 of the Table to clause 107—1 September 2008, or(c) in the case of plant used at a mining workplace that is not a mine, that is plant referred to in Part 1 of the Table to clause 107—1 September 2001, or(d) in the case of plant used at a coal workplace that is plant referred to in Part 1 of the Table to clause 107—23 December 2006.cl 136: Subst 2008 (193), Sch 1 [87].
136A Use of plant—particular risk control measures
(1) An employer must ensure in relation to use of plant that:(a) plant (with the exception of lifts that are operated by members of the public and coin-operated amusement devices) is not operated by a person unless the person has received adequate information and training and is supervised to the extent necessary to minimise the risks to health and safety, and(b) plant is used only for the purpose for which it was designed unless a competent person has made an assessment that the change in use does not present an increased risk to health or safety, and(c) if safety features or warning devices are incorporated into plant, the features or devices are used as intended, and(d) if it is not possible to eliminate the risk of entanglement in plant with moving parts, persons do not operate, or pass in close proximity to, the plant unless the risk of entanglement is controlled by guarding that meets the requirements of clause 90 (1) or the use of a safe system of work, and(e) if it is not possible to eliminate the risk of parts or work pieces breaking, disintegrating or being ejected from plant, persons do not operate, or pass in close proximity to, the plant unless the risk is controlled by guarding that meets the requirements of clause 90 (3), and(f) an employee does not work between fixed and traversing parts of plant if there is a risk to health or safety, and(g) if plant can be remotely or automatically energised and become a risk to health and safety:(i) the immediate operating area of the plant is designated as a restricted space and access to it is controlled at all times, and(ii) an employee does not work in the immediate operating area of the plant unless appropriate controls and systems of work are used, and(h) if plant could start without warning and cause hazards, an employee is not permitted to work in the immediate vicinity of the plant unless appropriate controls and systems of work are in place, and(i) pipes and other parts of plant that may become hot are adequately guarded or insulated, and(j) pipes and other parts of plant that may become cold are adequately guarded or insulated, and(k) fixed sources of heat, such as furnaces, coke ovens and cooling racks, are ventilated, and(l) measures are provided to prevent, as far as practicable, unauthorised interference with or alteration or use of plant that may make the plant a risk to health or safety, and(m) plant is subject to appropriate checks, tests and inspections necessary to minimise risks to health and safety, and(n) if the operation or condition of plant presents an immediate risk to health or safety, the plant is withdrawn from operation until the risk is eliminated or, if this is not practicable, controlled.Maximum penalty: Level 4.(2) A reference in this clause to an employer extends to an owner of plant affecting public safety.cl 136A: Ins 2008 (193), Sch 1 [87].
137 Maintenance and repair of plant—particular risk control measures
(1) An employer must ensure in relation to the maintenance and repair of plant that:(a) the necessary facilities and systems of work are provided and maintained so as to minimise risks to health and safety of persons maintaining, inspecting, altering, repairing or cleaning the plant, and(b) inspections, maintenance and cleaning are carried out having regard to procedures recommended by the designer or manufacturer or designer and manufacturer, or developed by a competent person, and(c) all safety features and warning devices of plant are maintained and tested, and(d) if plant has been damaged to the extent that its operation or condition is impaired and the risk to health or safety is increased, a competent person assesses the damage and provides advice on:(i) the nature of the damage, and(ii) whether the plant is able to be repaired and, if so, what repairs must be carried out to minimise risks to health and safety, and(e) repair, inspection and, if necessary, testing is carried out by a competent person, and(f) repairs to the plant are carried out so as to keep the plant within its design limits.(2) An employer must ensure that:(a) if access to plant is required for the purpose of maintenance, cleaning or repair, the plant is stopped and one or more of the following measures is used so as to control risks to health and safety:(i) lockout or isolation devices,(ii) danger tags,(iii) permit to work systems,(iv) other control measures, and(b) if it is not practicable to carry out cleaning or maintenance with the plant stopped, operational controls that permit controlled movement of the plant are fitted and safe systems of work are used.(3) In this clause:(a) a reference to an employer extends to an owner of plant affecting public safety, and(b) in the case of an amusement device—a reference to a competent person is to be read as a reference to a qualified engineer.Maximum penalty: Level 4.
138 Dismantling, storage and disposal of plant—particular risk control measures
An employer must ensure in relation to dismantling, storage and disposal of plant that:(a) if plant is dismantled, the dismantling is carried out by a competent person, and(b) all available information provided by the designer or manufacturer to the employer that is relevant to the dismantling is made available to the competent person, and(c) if plant, including plant that is dismantled, is to be stored, storage is carried out by a competent person, and(d) if plant contains materials that present a risk to health or safety and the plant is to be disposed of, the disposal is carried out by a competent person.Maximum penalty: Level 4.cl 138: Am 2008 (193), Sch 2 [19].
139 Use of amusement devices—particular risk control measures
(1) An employer must ensure that an amusement device (other than a coin operated amusement device) is operated only by a person who is competent to operate it and, if that person is not the owner of the amusement device, that the person operating the amusement device:(a) checks the amusement device before it is operated on each day on which it is to be operated, and(b) operates the amusement device without passengers before operating it with passengers on each day on which the amusement device is to be operated, and(c) ensures that each daily check and operation of the amusement device without passengers is properly and accurately recorded in the log book for the amusement device.(2) An employer must ensure in relation to the maintenance and repair of an amusement device that maintenance, repair, inspection and, if necessary, testing is carried out by a competent person and:(a) in accordance with the requirements of AS 3533.2—1997Amusement rides and devices Part 2: Operation and maintenance, including as to the recording of details of all work carried out in the log book for the amusement device, and(b) in accordance with:(i) the recommendations of the designer or manufacturer or designer and manufacturer, or(ii) if a maintenance manual for the amusement device has been prepared by a competent person, the requirements of the maintenance manual.(3) A reference in this clause to an employer extends to the owner of the amusement device concerned.Maximum penalty: Level 4.
140 Plant under pressure—particular risk control measures
(1) An employer must ensure in relation to plant under pressure that:(a) pressure equipment (excluding gas cylinders and miniature boilers) is inspected in accordance with AS/NZS 3788:1996Pressure equipment—in-service inspection, and(b) miniature copper boilers (falling within the definition of pressure equipment) are inspected, operated and maintained in accordance with AMBSC Code—Part 1: Copper Boilers, and(c) miniature steel boilers (falling within the definition of pressure equipment) are inspected, operated and maintained in accordance with AMBSC Code—Part 2: Steel Boilers.(2) An employer must ensure that a gas cylinder complies with AS 2030 Parts 1, 2 and 4 (as listed in Schedule 1) and is inspected and maintained as required by that Standard.Maximum penalty: Level 4.
141 Powered mobile plant—particular risk control measures
(1) An employer must ensure that powered mobile plant is used so as to minimise the risk of overturning or a falling object coming into contact with the operator.(2) An employer must ensure that an appropriate combination of operator protective devices are provided, used and maintained if there is a risk of:(a) powered mobile plant overturning, or(b) an object falling on the operator, or(c) an operator being ejected from the seat.(3) An employer must ensure that appropriate controls are implemented to eliminate or minimise the risk of the powered mobile plant colliding with pedestrians or other powered mobile plant.(4) An employer must ensure that a tractor designed to have a mass of 560 kg or more, but less than 15,000 kg, is not used unless:(a) if the tractor was manufactured, imported or originally purchased after 1981, it is securely fitted with a protective structure that conforms with AS 1636.1—1996, AS 1636.2—1996 and AS 1636.3—1996Tractors—Roll-over protective structures—Criteria and tests—Conventional tractors, or(b) if the tractor was manufactured, imported or originally purchased during or before 1981, it is securely fitted with:(i) a roll-over protective structure that conforms with AS 1636.1—1996, AS 1636.2—1996 and AS 1636.3—1996Tractors—Roll-over protective structures—Criteria and tests, or(ii) if such a structure is not available, an alternative roll-over protective structure designed by a suitably qualified engineer having regard to the performance requirements of AS 1636.1—1996.(5) If a tractor is used in a place that is too low for the tractor to work while it is fitted with a roll-over protective structure, the structure may be lowered or removed for the period during which the tractor is used in such a situation (but only if other measures to minimise the risk of roll-over or harm from falling objects are in place).(6) An employer must ensure that earthmoving machinery designed to have a mass of 700 kg or more, but less than 100,000 kg, is not used unless:(a) if the machinery was manufactured, imported or originally purchased after 1989, it is securely fitted with a protective structure that conforms with AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997Earth-moving machinery—Protective structures, or(b) if the machinery was manufactured, imported or originally purchased during or before 1989, it is securely fitted with:(i) a protective structure that conforms with AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997, or(ii) if such a structure is not available, an alternative protective structure designed by a suitably qualified engineer having regard to the performance requirements of AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997.(7) In designing an alternative structure for the purposes of this clause, an engineer may, if satisfied that deformation testing is not required, substitute calculated deformations.(8) Such a structure must be identified with the information required by:(a) AS 1636.1—1996, orwhichever is appropriate.(b) AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997,(9) An employer must ensure that powered mobile plant is fitted with appropriate seat restraints if:(a) the plant is fitted with a rollover protective structure or a falling object protective structure, and(b) attachment points for the seat restraints have been incorporated in the original design of the plant.(10) An employer must ensure that powered mobile plant:(a) is fitted with warning devices that are appropriate to effectively warn persons who are at risk from movement of the plant, and(b) is not used to carry, lift or lower a person other than the operator unless:(i) the plant was specifically designed to carry persons, and(ii) if the plant includes a specifically designed seat for carrying a passenger, the person is seated in the seat, and(iii) the seat is fitted with appropriate seat restraints, and(iv) the seat is located within a zone of protection afforded by operator protective devices.(11) An employer must ensure that industrial lift trucks:(a) are equipped with appropriate lifting attachments specifically designed for the load to be lifted or moved, and(b) are used in a way that minimises exposure of the operator to risks arising from work practices or systems and the particular environment in which the industrial lift truck is used.(12) This clause does not apply to powered mobile plant that:(a) is not operated by a person, or(b) is installed in a fixed position in a manner that does not permit its use as powered mobile plant.(13) Subclauses (4) and (7) do not apply to powered mobile plant intended for use in the underground parts of a mine at a mining workplace or a coal workplace.(14) Despite subclause (13), an employer must, in controlling risks, ensure that powered mobile plant intended for use in the underground parts of a mine at a mining workplace or a coal workplace is designed having regard to the safety requirements specified in subclauses (4) and (7) when determining measures to control risks.Maximum penalty: Level 4.cl 141: Am 2008 (193), Sch 1 [88].
142 Plant designed to lift or move—particular risk control measures
(1) An employer must ensure that a clearly legible notice is affixed, in a conspicuous place, on a lift or any lifting machinery, specifying the rated capacity of the plant in appropriate metric units or maximum number of persons to be lifted, as may be appropriate.Maximum penalty: Level 3.(2) A reference in subclause (1) to an employer extends to an owner of plant affecting public safety.(3) An employer must ensure that, in relation to plant designed to lift or move people, equipment or materials:(a) as far as practicable, no loads are suspended or travel over a person, and(b) plant that is not specifically designed for lifting or suspending loads is not used for those tasks unless the plant provides at least an equal level of safety to that of plant that is specifically designed for those tasks, and(c) all lifting or suspending is done within the rated capacity of the plant, and(d) persons are not lifted or suspended by plant or an attachment to plant (other than plant specifically designed for lifting or suspending persons) unless:(i) use of another method of lifting or suspending is not reasonably practicable, and(ii) a suitable and adequate personnel box or carrier, designed for the purpose, is used and is securely attached to the plant, and(iii) means are provided by which persons being lifted or suspended can have safe egress from the personnel box, carrier or plant in the event of a failure in the normal operation of the plant, and(iv) the plant is suitably stabilised, and can be maintained by the operator in that state, at all times during which the personnel box or carrier is in use, and(v) a suitable fall arrest device is provided to and worn by all persons who are suspended in a personnel box or carrier unless the box or carrier is fully enclosed, and(vi) in the case of a crane, the crane has drive-up and drive-down controls on both the hoisting and luffing motions and these controls are used by the operator in the lifting and suspending operations.Maximum penalty (subclause (3)): Level 4.
143 Employer to keep records
(1) An employer who has control of any plant of a kind specified in the Table to clause 131 (Plant for which records are to be kept) must make and keep for the operating life of the plant records of any tests, maintenance, inspections, commissioning or alteration of plant relevant to controlling risks arising from the plant.(2) An employer must ensure in relation to an amusement device that:(a) details of all tests, maintenance, inspections, commissioning, alteration or repair of the amusement device are accurately recorded in the log book for the amusement device by a competent person, and(b) the log book and operating and maintenance manuals for the amusement device are kept with the amusement device.(3) A reference in this clause to an employer extends to an owner of plant affecting public safety.Maximum penalty: Level 3.
144 Employer to provide information
(1) An employer must provide persons involved in the commissioning, installation, use and testing, and the de-commissioning, dismantling and disposal, of plant with all available information concerning health and safety about the plant.(2) An employer must ensure that all relevant information on emergency procedures relating to plant is displayed in a manner that can be readily observed by persons who may be exposed to risks arising from the operation of the plant.(3) An employer who contracts out the design of plant for use at work must ensure that the person who is engaged to design the plant is provided with all relevant information about matters relating to the plant that may affect health and safety.(4) An employer must ensure that persons involved in the commissioning, installation, use and testing, and the de-commissioning, dismantling and disposal, of an amusement device are provided with:(a) the log book for the amusement device in which details concerning erection, operation, maintenance and repair of the amusement device are recorded, and(b) the operating and maintenance manuals for the amusement device.(5) A reference in this clause to an employer extends to an owner of plant affecting public safety.Maximum penalty: Level 3.
Chapter 6 Hazardous substances
Note—
This Chapter imposes obligations on an employer. Employer, for the purposes of this Chapter, includes self-employed persons (see clause 3).
Part 6.1 Preliminary
145 Definitions
(1) In this Chapter:analysis means a process used for the purpose of identifying the kind or quantities of ingredients in a substance.biological monitoring means the measurement and evaluation of hazardous substances or their metabolites in the body tissues, fluids or exhaled air of a person.container means anything in or by which substances are or have been wholly or partly encased, covered, enclosed, contained or packed (whether empty, partially full or completely full), but does not include a bulk container, namely:(a) in the case of a container designed to hold gas—a container that has a capacity of more than 500 litres, or(b) in the case of a container designed to hold either solids or liquids—a container that has either a net mass of more than 400 kilograms or a capacity of more than 450 litres.exposure—see clause 146 (2).health surveillance means the monitoring of persons to identify changes (if any) in their health due to exposure to a hazardous substance, and includes biological monitoring, but does not include the monitoring of atmospheric contaminants.MSDS means a material safety data sheet referred to in clause 150.research means systematic investigative or experimental activities that are carried out for the purpose of:(a) acquiring new knowledge (whether or not that knowledge will have a specific practical application), or(b) creating new or improved materials, products, devices, processes or services.risk to health, in relation to a substance, means the likelihood that the substance will cause harm to health in the circumstances of its use.type I ingredient means an ingredient present in a particular hazardous substance in a quantity that exceeds the lowest relevant concentration cut-off level specified for the hazard classification of the substance in the document entitled “Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1999)]” published by the NOHS Commission, being an ingredient that:(a) is a substance that is, according to that document:(i) carcinogenic, mutagenic or teratogenic, or(ii) a skin or respiratory sensitiser, or(iii) corrosive, toxic or very toxic, or(iv) a harmful substance that can cause irreversible effects after acute exposure, or(v) a harmful substance that can cause serious damage to health after repeated or prolonged exposure, or(vi) toxic to reproduction, or(b) is a substance for which an exposure standard is listed in the document entitled “Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environments [NOHSC: 1003]” published by the NOHS Commission, as in force from time to time.type II ingredient means an ingredient present in a particular hazardous substance in a quantity that exceeds the lowest relevant concentration cut-off level specified for the hazard classification of the substance in the document entitled “Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1999)]” published by the NOHS Commission, being an ingredient that:(a) is a harmful substance according to that document, and(b) is not a type I ingredient.type III ingredient means an ingredient present in a particular hazardous substance that is not a type I ingredient or a type II ingredient.use of a substance, means the use, production, handling, storage, transport or disposal of the substance.(2) A reference in this Chapter to a document prepared or published by any body or authority is to be taken as a reference to that document, as in force from time to time, and (if the document is revoked and remade, with or without modifications) includes a reference to the new document, as in force from time to time.cl 145: Am 2005 (531), Sch 1 [13].
146 Application
(1) This Chapter applies (subject to clause 147) to all hazardous substances, to all places of work in which hazardous substances are used, and to all persons who have been, are or may become exposed to hazardous substances in those places of work.(2) For the purposes of this Chapter, exposure of a person to a hazardous substance includes the absorption, or potential absorption, by the person of the substance by ingestion or inhalation or through the skin or mucous membrane or by any other means.
147 Exclusion of certain substances
(1) This Chapter does not apply to the following substances if their use is not related to a work activity:(a) food (within the meaning of the Food Act 1989),(b) therapeutic agents,(c) cosmetics,(d) tobacco and tobacco products,(e) toiletries and toilet products.(2) This Chapter does not apply to:(a) any radioactive substance to which the Radiation Control Act 1990 applies, or(b) any infectious substance (that is, any viable micro-organism, such as a bacterium, virus, rickettsia, parasite, fungus, recombinant, hybrid or mutant, that is known or reasonably believed to cause disease in humans or animals).(3) This Chapter does not apply to a hazardous substance while it is being transported in accordance with any of the following:(a) the Road and Rail Transport (Dangerous Goods) Act 1997 and the regulations under that Act,(b) the document entitled “International Maritime Dangerous Goods Code” published by the International Maritime Organization, copies of which are available for inspection at the offices of WorkCover,(c) the document entitled “Technical Instructions for the Safe Transport of Dangerous Goods by Air” published by the International Civil Aviation Organization, copies of which are available for inspection at the offices of WorkCover,(d) the document entitled “Dangerous Goods Regulations” published by the International Air Transport Association, copies of which are available for inspection at the offices of WorkCover.
Part 6.2 Manufacture of hazardous substances
Note—
See clause 7 (2) as to the extent of a manufacturer’s duties under this Part.
148 Application
(1) This Part applies to hazardous substances manufactured for use at work.(2) A person who imports a substance manufactured outside New South Wales for supply to others or for the person’s own use must ensure that the responsibilities of a manufacturer under this Part are met in relation to the substance.
149 Manufacturer to identify hazardous substances
(1) A manufacturer of a substance must, before the substance is used or supplied to another person for use at work, determine whether the substance is a hazardous substance:(a) by ascertaining whether it is listed in the document entitled “List of Designated Hazardous Substances [NOHSC: 10005 (1999)]” published by the NOHS Commission, or(b) by ascertaining whether it fits the criteria for hazardous substances set out in the document entitled “Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1999)]” published by the NOHS Commission.Maximum penalty: Level 4.(2) If:(a) a manufacturer determines that a substance is a hazardous substance on the basis of the document entitled “Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1999)]” published by the NOHS Commission, and(b) the substance is a natural or artificial entity (and not any composite material, mixture or formulation), andthe manufacturer must, by notice in writing, inform the NOHS Commission of the determination.(c) the substance is not listed on the document entitled “List of Designated Hazardous Substances [NOHSC: 10005 (1999)]” published by the NOHS Commission,Maximum penalty (subclause (2)): Level 3.
150 Manufacturer to prepare material safety data sheet
(1) A manufacturer of a hazardous substance must prepare a material safety data sheet (MSDS) for the substance before the hazardous substance is supplied to another person for use at work.Maximum penalty: Level 4.(2) The MSDS:(a1) must be in English, and(a2) must contain the date on which it was last reviewed or, if it has not been reviewed, the date of its preparation, and(a) must clearly identify each hazardous substance to which it relates, and(b) must set out the following information in relation to a hazardous substance to which it relates:(i) its recommended uses,(ii) its chemical and physical properties,(iii) information relating to each of its ingredients, to the extent required by subclause (3),(iv) any relevant health-hazard information,(v) information concerning the precautions to be followed in relation to its safe use and handling, and(c) must set out the name, and Australian address and telephone numbers (including an emergency number), of the manufacturer.(3) The following information must be disclosed by an MSDS about the ingredients of the hazardous substance to which it relates:(a) for each type I ingredient, its chemical name,(b) for each type II ingredient:(i) its chemical name, or(ii) if the identity of the ingredient is commercially confidential, its generic name,(c) for each type III ingredient:(i) its chemical name, or(ii) its generic name.(4) If a generic name is used to identify a type II ingredient under subclause (3) (b) (ii), the manufacturer must notify the NOHS Commission of the use of the generic name in a manner and form determined by the Commission.Maximum penalty: Level 1.(5) If the manufacturer considers that compliance with subclause (3) (c) would not provide sufficient commercial protection for a type III ingredient, other than an ingredient that has a known synergistic effect or is a hazardous substance, the MSDS may indicate that the ingredient has been determined not to be hazardous by the use of the phrase “OTHER INGREDIENTS DETERMINED NOT TO BE HAZARDOUS”.(6) The manufacturer must review and revise the MSDS as often as is reasonably necessary to keep it up to date and, in any event, at intervals not exceeding 5 years.Maximum penalty (subclause (6)): Level 4.(7) If a hazardous substance manufactured by a manufacturer is also dangerous goods, the MSDS prepared for the substance for the purposes of this clause:(a) may be a single MSDS that complies with both clause 174J and this clause if it is prepared before 1 September 2006, or(b) must be a single MSDS that complies with both clause 174J and this clause if it is prepared on or after 1 September 2006.cl 150: Am 2005 (531), Sch 1 [14] [15]; 2005 No 98, Sch 2.44 [1] [2].
151 Manufacturer to provide MSDS
A manufacturer of a hazardous substance must provide a copy of a current MSDS for that hazardous substance:(a) to any person who supplies the hazardous substance for use at work, and(b) to any person who claims to be associated with the use of the hazardous substance at work and who asks to be provided with a copy of the MSDS, and(c) to any medical practitioner or health practitioner who requires it for the purpose of providing emergency medical treatment.Maximum penalty: Level 3.
152 Manufacturer to disclose ingredients to medical practitioner
(1) If an MSDS or label does not disclose the chemical name of an ingredient of a hazardous substance, the manufacturer of the hazardous substance must disclose the chemical identity of the ingredient to any medical practitioner or health practitioner who applies to the manufacturer for the disclosure of that information for the purpose of emergency medical treatment.(2) The manufacturer must immediately respond to the application but, on or after supplying any information, may require the medical practitioner or health practitioner concerned to sign a written undertaking that he or she will only use the information for the purpose for which it has been provided.Maximum penalty: Level 3.
153 Manufacturer to disclose ingredients to other person
(1) An application may be made to the manufacturer of a hazardous substance for the disclosure of the chemical identity of any ingredient of the substance that is not disclosed by the MSDS or label for the substance.(2) The manufacturer may require the application to be made in writing and to set out details of the grounds on which it is made.(3) The manufacturer must respond to the application within 30 days after it is received.Maximum penalty: Level 2.(4) The manufacturer may make it a condition of the provision of any information in response to an application (other than an application by an authorised official within the meaning of section 137 of the Act) that the applicant sign a written undertaking that he or she will only use the information for the purpose for which it has been provided.(5) In the case of an application made by WorkCover, the Department Head (Mining), an employer or an employee or by a representative of an employer or employee, the manufacturer must disclose the chemical identity of the ingredient to the applicant if the application is made for the express purpose of protecting the health of persons who may be exposed to the hazardous substance through its use at work. However, if a condition has been imposed under subclause (4) in connection with the disclosure, the manufacturer may refuse the application if the applicant has not signed a written undertaking in accordance with the condition.Maximum penalty: Level 3.(6) In any other case, the manufacturer may either disclose the chemical identity of the ingredient or else reject the application.(7) If the manufacturer rejects the application, the manufacturer:(a) must provide the applicant with written reasons for the rejection, and(b) must provide such information as is necessary to satisfy the grounds on which the application is made without disclosing the chemical identity of the ingredient.Maximum penalty (subclause (7)): Level 2.Note—Section 137 of the Act prohibits the disclosure by authorised officials of information obtained in connection with the administration or execution of the Act. “Authorised official” is defined in the section and includes such persons as inspectors and authorised representatives of industrial organisations.cl 153: Am 2008 (193), Sch 1 [89] [90].
Part 6.3 Supply of hazardous substances
Note—
See clause 7 (2) as to the extent of a supplier’s duties under this Part.
Division 1 Preliminary
154 Application
This Part applies to the supply of hazardous substances for use at work.
Division 2 Supply of hazardous substances generally
155 Supplier to provide MSDS
(1) A person who supplies a hazardous substance to an employer for use at work must ensure, in relation to each hazardous substance supplied, that a current MSDS prepared by the manufacturer is provided:(a) on the first occasion the hazardous substance is supplied to the employer, and(a1) on the first occasion the hazardous substance is supplied following a revision of the MSDS, and(b) at any other time, to any person who claims to be associated with the use of the hazardous substance at work and who asks to be provided with a copy of the MSDS, and(c) to any medical practitioner or health practitioner who requires it for the purpose of providing emergency medical treatment.Maximum penalty: Level 4.(2) Subclause (1) (a) does not apply to a hazardous substance that is supplied to a retailer or a retail warehouse operator in a consumer package holding less than 30 kilograms or 30 litres of the hazardous substance, that is intended for retail sale and that is not intended to be opened on the premises of the retailer or operator.cl 155: Am 2005 (531), Sch 1 [16].
156 Supplier to ensure hazardous substances are labelled
(1) A person who supplies a hazardous substance for use at work must ensure that any container of the hazardous substance is appropriately labelled.(2) Without limiting subclause (1), the person must ensure that any such label:(a) clearly identifies the hazardous substance, and(b) sets out the name, and Australian address and telephone numbers (including an emergency number), of the person, and(c) discloses the chemical name of each type I ingredient, and(d) discloses the chemical name of each type II ingredient or, if the identity of the ingredient is commercially confidential, its generic name, and(e) provides basic health and safety information about the substance, including any relevant risk phrases and safety phrases.(3) If the container to be labelled is so small that it is not practicable to include all the particulars referred to in subclause (2), it is sufficient if the label complies with paragraphs (a) and (b) of that subclause.Maximum penalty: Level 3.
157 Supplier to provide other information
A person who supplies a hazardous substance to an employer for use at work must provide to the employer, on request:(a) any summary report (within the meaning of the Industrial Chemicals (Notification and Assessment) Act 1989 of the Commonwealth) that relates to the hazardous substance, and(b) any other relevant information (in addition to the information contained in an MSDS) that will assist in the safe use of the hazardous substance.Maximum penalty: Level 2.
Division 3 Supply of carcinogenic substances—particular provisions
158 Definitions
In this Division:notifiable carcinogenic substance means a substance of the following kind:Substance Name [Chemical Abstract Number]Acrylonitrile [107-13-1]Benzene [71-43-2]—when used as a feedstock containing more than 50% of benzene by volumeCyclophosphamide [50-18-0] (cytotoxic drug)—when used in preparations for therapeutic use in hospitals and oncological treatment facilities, and in manufacturing operations3,3′-Dichlorobenzidine [91-94-1] and its salts (including 3,3′-Dichlorobenzidine dihydrochloride [612-83-9])Diethyl sulfate [64-67-5]Dimethyl sulfate [77-78-1]Ethylene dibromide [106-93-4]—when used as a fumigant4,4′-Methylene bis(2-chloroaniline) [101-14-4]—MOCA2-Propiolactone [57-57-8]o-Toluidine [95-53-4] and o-Toluidine hydrochloride [636-21-5]Vinyl chloride monomer [75-01-4]prohibited carcinogenic substance means a substance of the following kind:Substance Name [Chemical Abstract Number]2-Acetylaminofluorene [53-96-3]Aflatoxins—except in foods where specifically permitted under the Food Act 19894-Aminodiphenyl [92-67-1]Amosite [12172-73-5] (brown asbestos)—except for removal, disposal, maintenance, encapsulation and enclosure purposes and situations where amosite occurs naturally and is not used for any new applicationBenzidine [92-87-5] and its salts (including benzidine dihydrochloride [531-85-1])bis(Chloromethyl) ether [542-88-1]Chloromethyl methyl ether [107-30-2] (technical grade which contains bis(chloromethyl) ether)Chrysotile [12001-29-5] (white asbestos)—except when:(a) used for the purpose of research or analysis, or(b) being removed or disposed of, or being handled for storage or stored awaiting disposal, or(c) encountered during non-asbestos mining, or(d) comprising or included in an item being used for the purpose of a historical or educational display.Crocidolite [12001-28-4] (blue asbestos)—except for removal, disposal, maintenance, encapsulation and enclosure purposes and situations where crocidolite occurs naturally and is not used for any new application4-Dimethylaminoazobenzene [60-11-7]2-Naphthylamine [91-59-8] and its salts4-Nitrodiphenyl [92-93-3]cl 158: Am 19.12.2003.
159 Supply of carcinogenic substances
(1AA) In this clause, a reference to a prohibited carcinogenic substance includes a reference to an item that contains any form of asbestos that is a prohibited carcinogenic substance.(1) A person must not supply a prohibited carcinogenic substance unless:(a) the substance is to be used for the purpose of research or analysis, and(b) the person to whom the substance is to be supplied provides evidence that WorkCover or the Department Head (Mining), as the case requires, has been notified, in accordance with Part 12.3, of the intention of that person to use the same type of carcinogenic substance.(1A) In addition, supplying chrysotile (white asbestos) does not contravene subclause (1) if the only purpose of the supply is:(a) so that it may be removed or disposed of, or(b) so that it may be stored awaiting disposal, or(c) so that it may be used for the purpose of a historical or educational display.(1B) Subclause (1) does not apply to a supply of chrysotile (white asbestos) encountered during non-asbestos mining.(2) A person must not supply a notifiable carcinogenic substance unless the person to whom the substance is to be supplied provides evidence that WorkCover or the Department Head (Mining), as the case requires, has been notified, in accordance with Part 12.3, of the intention of that person to use the same type of carcinogenic substance.Maximum penalty: Level 4.cl 159: Am 19.12.2003; 2008 (193), Sch 1 [91].
160 Supplier to keep records of supply of carcinogenic substances
(1) A person who supplies a prohibited or notifiable carcinogenic substance for use at work must keep a record containing the following information:(a) the name of the person to whom the carcinogenic substance has been supplied,(b) the name and quantity of the carcinogenic substance supplied.(2) The record must be retained for at least 5 years.Maximum penalty: Level 3.cl 160: Am 2008 (193), Sch 2 [20].
Part 6.4 Use of hazardous substances
161 Application
This Part applies to the use of hazardous substances at work.Note—See clause 51 (Atmospheric contaminants—particular risk control measures) for prohibition of exposure to atmospheric contaminants above specified exposure levels.
162 Employer to obtain MSDS
(1) For each hazardous substance supplied to an employer’s place of work, the employer:(a) must obtain from the supplier an MSDS for the substance before or on the first occasion on which it is supplied, and(b) must ensure that the MSDS is readily accessible to an employee who could be exposed to the substance, and(c) must ensure that the MSDS is not altered, otherwise than where it is appropriate that an overseas MSDS be reformatted by the employer.(2) The provisions of subclause (1) (a) and (b) do not apply to a hazardous substance that is supplied to a retailer or retail warehouse operator in a consumer package holding less than 30 kilograms or 30 litres of the substance, that is intended for retail sale and that is not intended to be opened on the premises of the retailer or operator.Maximum penalty: Level 4.
163 Employer to ensure containers are labelled
(1) An employer must ensure that a container that holds a hazardous substance used at work, including one supplied to or produced within the employer’s place of work, is appropriately labelled and that the label is not removed, defaced or altered.(2) Without limiting subclause (1), an employer must ensure that the label:(a) clearly identifies the hazardous substance, and(b) provides basic health and safety information about the substance, including any relevant risk phrases and safety phrases.(3) However:(a) a container into which a hazardous substance is decanted for use within the next 12 hours need only be labelled with the product name and the relevant risk phrases and safety phrases, and(b) a container into which a hazardous substance is decanted for immediate use need not be labelled, so long as it is cleaned immediately after it has been emptied of the substance.Maximum penalty: Level 4.
164 Use of hazardous substances
(1AA) In this clause, a reference to a hazardous substance includes a reference to an item that contains any form of asbestos that is a hazardous substance.(1) An employer must ensure that a hazardous substance of the kind set out in the Table to this subclause is not used for a purpose referred to in respect of that hazardous substance.Table
A constituent of steel casting moulds, when sufficient quantities of suitable alternative non-siliceous materials are available
A constituent in parting powders and facing powders used in foundry work
A constituent in paints used on the surface of moulds or cores
165 Employer to provide health surveillance
(1) An employer must provide health surveillance for each employee who is exposed to a hazardous substance if there is a risk to the health of the employee as a result of that exposure, and:(a) the hazardous substance is referred to in Column 1 of the Table to this clause, or(b) the exposure to any other hazardous substance is such that:(i) an identifiable disease or other effect on health may be related to the exposure, and(ii) there is a reasonable likelihood that the disease or other effect on health may occur under the particular conditions of work, and(iii) there is available an effective technique for detecting indications of the disease or other effect on health.(2) An employer must provide biological monitoring for an employee if there is a reasonable likelihood that the employee could be exposed to levels of a hazardous substance that could be a risk to health and an effective procedure for the biological monitoring of those levels is available.(3) The employer must ensure that:(a) the health surveillance is performed under the supervision of an authorised medical practitioner, and(b) if there is a significant risk to the health of an employee from a hazardous substance referred to in the Table to this clause, the health surveillance includes the carrying out of the procedures specified in Column 2 of the Table in relation to that substance.(4) The selection of the authorised medical practitioner to supervise the surveillance must be undertaken by the employer after consultation with the relevant employees.(5) The health surveillance must be undertaken at the expense of the employer.Maximum penalty: Level 4.Table
Demographic data
Records of personal exposure
Exposure record
Physical examination with emphasis on the peripheral nervous system and skin
Urinary inorganic arsenic
Medical interview
Records of personal exposure
Demographic data
Exposure record
Baseline blood sample for haematological profile
Exposure record
Physical examination with emphasis on the respiratory system
Standard respiratory questionnaire to be completed
Standard respiratory function tests including for example, FEV1, FVC and FEV1/FVC
Urinary cadmium and β2-microglobulin
Physical examination with emphasis on the respiratory system and skin
Weekly skin inspection of hands and forearms by a competent person
Health advice, including recognition of photosensitivity and skin changes
Physical examination with emphasis on the neurological system and skin, noting any abnormal lesions and evidence of skin sensitisation
Exposure record, including photosensitivity
Standard respiratory function test, such as FEV1, FVC and FEV1/FVC
Chest X-ray, full size PA view
Completion of a standardised respiratory questionnaire
Physical examination of the respiratory system and skin
Standard respiratory function test, such as FEV1, FVC and FEV1/FVC
Physical examination
Physical examination with emphasis on dermatological, gastrointestinal, neurological and renal systems
Urinary inorganic mercury
Dipstick analysis of urine for haematuria
Urine cytology
Physical examination
Baseline estimation of red cell and plasma cholinesterase activity levels by the Ellman or equivalent method
Estimation of red cell and plasma cholinesterase activity towards the end of the working day
Physical examination with emphasis on the skin, noting any abnormal lesions or effects of irritancy
Urinary total pentachlorophenol
Dipstick urinalysis for haematuria and proteinuria
Records of personal exposure
Demographic, medical and occupational history
Physical examination
Physical examination
Urinary thallium
Record of personal exposureNote—See Part 7.6 for additional requirements for health surveillance and biological monitoring in the case of lead risk work.cl 165: Am 2008 (193), Sch 2 [21].
166 Medical practitioner to notify results of health surveillance
(1) As soon as practicable after an employee undergoes health surveillance in accordance with this Part, the medical practitioner must ensure that:(a) the employee is notified of the results of the surveillance, and given any necessary explanation of those results, and(b) the employer is notified of the general outcome of the surveillance, and advised on any necessary preventive or remedial action, and(c) WorkCover or the Department Head (Mining), as the case requires, is notified of any adverse result detected in the surveillance that is consistent with exposure to a hazardous substance referred to in the Table to clause 165.Maximum penalty: Level 3.(2) The employer must ensure that results of health surveillance obtained by the employer are kept confidential.Maximum penalty (subclause (2)): Level 1.(3) A notification of the results of health surveillance under clause 54 (4) of the Mines Inspection General Rule 2000, as in force immediately before the commencement of this subclause, is taken to be a notification made under this clause.cl 166: Am 2008 (193), Sch 1 [94] [95].
167 Employer to keep register of hazardous substances
(1) An employer must ensure that a register is kept and maintained for all hazardous substances used at the employer’s place of work.(2) The employer must ensure that the register includes:(a) a list of all hazardous substances used at the employer’s place of work, and(b) the relevant MSDS (if any) for each of those hazardous substances, and(c) any notations required under clause 168.(3) The employer must ensure that the register is readily accessible to all employees who may be exposed to a hazardous substance while at the employer’s place of work.(3A) The employer may keep and maintain a single register both for the purposes of this clause and for the purposes of clause 174ZW (Employer to keep register of dangerous goods).(4) Subclauses (1)–(3) do not apply to a hazardous substance that is supplied to a retailer or retail warehouse operator in a consumer package holding less than 30 kilograms or 30 litres of the hazardous substance, that is intended for retail sale and that is not intended to be opened on the premises of the retailer or operator.(5) A register compiled in accordance with clause 55 (2) and (3) of the Mines Inspection General Rule 2000, as in force immediately before the commencement of this subclause, is taken to have been compiled under this clause.Maximum penalty: Level 1.Note—A principal contractor is required by clause 228 to keep a register of hazardous substances at a place of work at which construction work is carried out.cl 167: Am 2005 (531), Sch 1 [17] [18]; 2008 (193), Sch 1 [96].
168 Employer to record risk assessments
(1) An employer must record the results of a risk assessment relating to the use of a hazardous substance by:(a) making a notation in the register of hazardous substances kept under clause 167 if no specific measures are necessary to control the risks associated with exposure to the hazardous substance, or(b) preparing a report on the risk assessment if specific measures are necessary to control the risks associated with exposure to the hazardous substance.Maximum penalty: Level 3.(2) The employer must ensure that any risk assessment report prepared in relation to a hazardous substance that is used at the employer’s place of work is readily accessible to any employee or other person working at the employer’s place of work who could be exposed to the hazardous substance.Maximum penalty (subclause (2)): Level 1.
169 Employer to keep record of employees exposed to carcinogenic substances
An employer must keep a record in respect of each employee who has been or is likely to be exposed to a prohibited or notifiable carcinogenic substance (as defined in clause 158), including the following details:(a) the full name and date of birth of the employee,(b) the address of the employee while employed by the employer.Maximum penalty: Level 3.cl 169: Am 2008 (193), Sch 2 [22].
170 Employer to provide statement to employees exposed to carcinogenic substances
(1) An employer must provide an employee who has been or is likely to have been exposed to a prohibited or notifiable carcinogenic substance (as defined in clause 158), on the termination of the employee’s employment, with a written statement that includes the following:(a) the name of the carcinogenic substance or substances involved,(b) the period of exposure or potential exposure,(c) details of how and where records of the exposure or potential exposure can be obtained,(d) a recommendation as to the advisability of having periodic health assessments and details of the types of health tests that are relevant in the circumstances.Maximum penalty: Level 3.(2) (Repealed)cl 170: Am 2008 (193), Sch 2 [23].
171 Employer to retain certain material as record
(1) An employer must retain the following, as a record, in a suitable form for the periods specified:(a) all risk assessment reports indicating a need for atmospheric monitoring or health surveillance, and records of the results of any atmospheric monitoring or health surveillance—for at least 30 years after the date of the last entry in them,(b) a record of all induction or other training required by clause 13 to be provided to employees who are likely to be exposed to a hazardous substance at the employer’s place of work—for at least 5 years after the date of creation of the record,(c) all records required to be kept under clause 169—for at least 30 years after the date of the last entry in them,(d) a copy of each notification to WorkCover or the Department Head (Mining) by an employer of an intention to carry out work that involves the use of a carcinogenic substance or lead risk work, as required by Part 12.3—for at least 30 years after the date on which the notification is given,(e) all risk assessment reports indicating that atmospheric monitoring or health surveillance is not required—for at least 5 years after the date of the last entry in them,(f) all records required to be kept under clause 203 (4) (as to an employee ceasing to carry out lead risk work)—for at least 5 years after the date of the last entry in them.(2) If the employer ceases to carry on business in New South Wales, the employer must offer the records referred to in subclause (1) (a):(a) to WorkCover, in relation to atmospheric monitoring or health surveillance at places of work that are not mining workplaces or coal workplaces, or(b) to the Department Head (Mining), in relation to atmospheric monitoring or health surveillance at places of work that are mining workplaces or coal workplaces.Maximum penalty: Level 1.cl 171: Am 2008 (193), Sch 1 [97] [98].
172 Medical practitioner to retain records
(1) A medical practitioner must ensure that medical records obtained as a result of health surveillance for an employee are retained as confidential records and, if the medical practitioner has examined or treated the employee for any other purpose, that the records are clearly identified as being for the purpose of health surveillance under this Regulation.(2) The medical practitioner must ensure that the informed consent of the employee is obtained, in writing, before any medical records that have been obtained as a result of health surveillance, and that identify the employee, are provided to any person who is not bound to observe principles of professional confidentiality.(3) If the medical practitioner ceases to practise in New South Wales, the medical practitioner must offer the records:(a) to WorkCover, in relation to records of health surveillance of persons employed at places of work that are not mining workplaces or coal workplaces, or(b) to the Department Head (Mining), in relation to records of health surveillance of persons employed at places of work that are mining workplaces or coal workplaces.Maximum penalty: Level 1.cl 172: Am 2008 (193), Sch 1 [99].
173 Employer to identify hazardous substances in enclosed systems
An employer must ensure that the identity of any hazardous substance contained in an enclosed system at the employer’s place of work (such as a pipe or piping system, or a process or reactor vessel) is notified to a person who could be exposed to the substance.Maximum penalty: Level 1.
174 Employer to provide information
An employer must ensure that all records on hazardous substances that are required to be kept by this Regulation are kept at the employer’s place of work and are made available on request to any of the following:(a) to WorkCover, in relation to records relating to places of work that are not mining workplaces or coal workplaces,(b) to the Department Head (Mining), in relation to records relating to places of work that are mining workplaces or coal workplaces,(c) to any emergency services.Maximum penalty: Level 1.cl 174: Am 2005 (531), Sch 1 [19]; 2008 (193), Sch 1 [100].
Chapter 6A Dangerous goods
Note—
Chapter 5 (Plant) of this Regulation, at clauses 87 and 101, also contains provisions that require designers and manufactures of plant to have regard to the risks posed by dangerous goods.
Part 6A.1 Preliminary
ch 6A, pt 6A.1: Ins 2005 (531), Sch 1 [20].
174A Meaning of “dangerous goods”
In this Chapter, dangerous goods means the following (whether or not they are packaged for transport or under pressure):(a) substances or articles that under the ADG Code are listed or described as:(i) dangerous goods of Class 2, 3, 4, 5, 6.1, 8 or 9, or(ii) goods too dangerous to be transported,(b) C1 combustible liquids.cll 174A–174D: Ins 2005 (531), Sch 1 [20].
174B Definitions
(1) In this Chapter:AS 1940 means AS 1940—2004, The storage and handling of flammable and combustible liquids.bulk means:(a) a quantity of dangerous goods in a container that has a capacity greater than the maximum container size specified for packaged dangerous goods of that type, or(b) solid dangerous goods that are not in a container in an undivided quantity exceeding 400 kg.Class means the Class allocated to dangerous goods under the ADG Code.Class label, for a Class, means the label specified in the ADG Code for the Class of dangerous goods.C1 combustible liquid means a combustible liquid within the meaning of AS 1940 that has a flashpoint of greater than 60.5 degrees Celsius but not greater than 150 degrees Celsius.compatible, in relation to 2 or more substances, means that if the substances interact with, or react to, each other, they will not cause, or substantially increase the likelihood of, a serious incident (within the meaning of section 87 of the Act).container means anything in or by which dangerous goods are or have been wholly or partly encased, covered, enclosed, contained or packed (whether empty, partially full or completely full) and includes any components or materials necessary for the container to perform its containment function.corresponding legislation means the legislation of the Commonwealth or another State or Territory that assigns a UN Number, Class, Subsidiary Risk and Packing Group to dangerous goods for their transport by road, rail, air or sea.dangerous goods in transit means dangerous goods at premises that:(a) are part of a transport load that is in compliance with the relevant transport code, and(b) are loaded on a vehicle, vessel or aircraft or being transhipped from one vehicle, vessel or aircraft to another, and(c) are not intended to be at the premises for more than 5 consecutive days (not including public holidays) and have not been at the premises for more than 5 consecutive days (not including public holidays), and(d) are not intended to be consumed or processed at the premises and have not been consumed or processed at the premises, and(e) are not intended for sale at the premises.fire risk dangerous goods means dangerous goods of Class 2.1, 3, 4 or 5 or Subsidiary Risk 2.1, 3, 4 or 5, and C1 combustible liquids, that burn readily or support combustion.food includes:(a) a substance prepared or intended or represented as being for human consumption, and(b) a substance intended to be an ingredient of, or additive to, a substance referred to in paragraph (a).food packaging means:(a) a container that contains, or is designed or intended to contain, food, or(b) material designed or intended to be used in such a container.free from dangerous goods, in relation to an empty container, means if the container last held:(a) a gas or volatile liquid—the concentration of gas or vapour in the atmosphere of the container is less than the concentration listed in the document entitled Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 1003 (1995)] published by the NOHS Commission, as in force from time to time, or(b) dangerous goods of Class 2.1, Class 3 or Subsidiary Risk 2.1 or 3—the concentration of those goods or their vapours in the atmosphere of the container is less than 5 per cent of the LEL (lower explosive limit) for the goods when sampled at ambient temperature, or(c) a non-volatile liquid or solid—the container has been thoroughly cleaned.goods too dangerous to be transported has the same meaning as in the ADG Code.handling has the same meaning as in section 135A of the Act.hazardous area means an area or space in which the atmosphere contains or may be reasonably be expected to contain any material or substance (including, but not limited to, combustible dusts, combustible fibres, flammable vapours, flammable liquids, flammable gases, flammable or combustible fumes) at a concentration that is capable of being ignited by an ignition source.ignition source means any source of energy sufficient to ignite combustible dusts, combustible fibres, flammable vapours, flammable gases or flammable or combustible fumes and includes the following:(a) a naked flame,(b) exposed incandescent material,(c) hot surfaces,(d) radiant heat,(e) a spark from mechanical friction,(f) a spark from static electricity,(g) an electrical arc,(h) any electrical, electronic, mechanical or other equipment.incident involving dangerous goods means an incident within the meaning of section 86 of the Act (whether or not it occurs at a place of work) that involves dangerous goods.intermediate bulk container or IBC means a rigid or flexible portable packaging for the transport of dangerous goods that:(a) has a capacity of not more than:(i) for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden or rigid plastics container—1,500 L, or(ii) for solids of Packing Group I packed in a metal container—3,000 L, or(iii) for solids or liquids of Packing Groups II and III—3,000 L, and(b) is designed for mechanical handling, and(c) is resistant to the stresses produced in usual handling and transport as determined by tests under the ADG Code.MSDS means a material safety data sheet prepared in accordance with clause 174J.package means the complete product of the packing of dangerous goods, and consists of the goods and their packaging.packaged dangerous goods means:(a) Class 2 dangerous goods that are in a container with a capacity of not more than 500 L, or(b) goods too dangerous to be transported or dangerous goods of a Class other than Class 2 that are in a container with:(i) a capacity of not more than 450 L, and(ii) a net mass of not more than 400 kg, or(c) C1 combustible liquids in a container with a capacity of not more than 450 L.Packing Group means the packing group assigned to dangerous goods under the ADG Code.pipework means a pipe or an assembly of pipes, pipe fittings, valves and pipe accessories used to convey dangerous goods.pool chlorine means dangerous goods of Class 5.1, being calcium hypochlorite, sodium dichloroisocyanurate, sodium trichloroisocyanurate, potassium dichloroisocyanurate, dichloroisocyanuric acid, trichloroisocyanuric acid and other oxidising agents, in solid form, used for chlorinating water.proper shipping name has the same meaning as in the ADG Code.relevant transport code, in relation to dangerous goods in transit, means the ADG Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Organization’s International Maritime Dangerous Goods Code or the International Air Transport Association’s IATA Dangerous Goods Regulations as appropriate.serious incident has the same meaning as in section 87 (1) of the Act.storage location means any place or area where one type of dangerous goods or compatible dangerous goods are kept either in bulk or in a quantity exceeding the relevant quantity specified in the column headed “Placarding quantity” in the Table to Schedule 5 (and includes a building, structure, room, compartment, tank or other bulk container, store or receptacle in or on which dangerous goods are stored or handled either in bulk or in a quantity exceeding the relevant quantity specified in the column headed “Placarding quantity” in the Table to Schedule 5).storing has the same meaning as in section 135A of the Act.Subsidiary Risk has the same meaning as in the ADG Code.tank means a container, other than an IBC, that is used or designed to be used to transport, store or handle dangerous goods in the form of a gas or a liquid in bulk and includes fittings, closures and any other equipment that forms part of the container.UN Number or UN followed by a number, in relation to dangerous goods, means either of the following:(a) the substance identification serial number shown in Appendices 1 and 2 of the ADG Code in relation to those goods,(b) the number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous goods in the document entitled Recommendations on the Transport of Dangerous Goods published by the United Nations from time to time.water capacity, of a container, means the total internal volume of the container in litres of water measured at a temperature of 15 degrees Celsius.(2) In this Chapter, a reference to litres in relation to dangerous goods of Class 2 means the water capacity of the container that holds those dangerous goods.cll 174A–174D: Ins 2005 (531), Sch 1 [20].
174C Dangerous goods to which section 135A of the Act applies
(1) For the purposes of this Chapter, dangerous goods within the meaning of clause 174A are declared to be dangerous goods to which section 135A of the Act applies.(2) However, for the purposes of Parts 6A.2–6A.4 of this Chapter and despite subclause (1), the following dangerous goods are not dangerous goods to which section 135A of the Act applies at premises that are not places of work unless the quantity of the goods at those premises exceeds any minimum quantity set out in relation to the goods in the Table to this clause.(3) In the Table to this clause, kg or L means, where this combination of letters immediately follows numbers, the combined total of:(a) the number of kilograms of non-liquid dangerous goods, and(b) the number of litres of liquid dangerous goods.Table
174D Application of Chapter
This Chapter applies to:(a) all dangerous goods at places of work, and(b) dangerous goods to which section 135A of the Act applies (regardless of whether those goods are at a place of work or are for use at work).cll 174A–174D: Ins 2005 (531), Sch 1 [20].
174E Non-application of Chapter
(1) This Chapter does not apply to the following:(a) the transport of dangerous goods by road, rail, sea or air, or any associated activity or matter, to the extent to which it is regulated by the following:(i) the Road and Rail Transport (Dangerous Goods) Act 1997 or any regulation made under that Act,(ii) the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air,(iii) the International Maritime Organization’s International Maritime Dangerous Goods Code,(iv) the International Air Transport Association’s IATA Dangerous Goods Regulations,(b) dangerous goods that form part of batteries that are incorporated into plant,(c) dangerous goods in a fuel container that is fitted to a vehicle, vessel or aircraft, or used in or consumed by a vehicle, vessel, aircraft, mobile plant, appliance or other device, where the goods are necessary for its propulsion or are part of, or necessary for the operation of, its equipment or accessories (but not dangerous goods being stored in a spare fuel or goods container),(d) dangerous goods in a fuel container of a domestic, portable or transportable fuel burning appliance,(e) dangerous goods that form part of the refrigeration system of refrigerated freight containers,(f) dangerous goods in portable fire fighting equipment (such as fire extinguishers), portable safety equipment and portable medical equipment at premises for use at the premises,(g) dangerous goods of Class 2.2 in portable gas cylinders that are used or intended to be used for medical purposes,(h) compressed gas in pneumatic tyres,(i) potable liquids in consumer packages at retail premises (for example, bottled alcoholic spirits at bottle shops),(j) naturally occurring gas in the underground parts of a mining workplace or a coal workplace.(2) This Chapter does not apply to the following substances if their use is not related to a work activity:(a) food,(b) therapeutic agents,(c) cosmetics,(d) tobacco and tobacco products,(e) toiletries and toilet products.cl 174E: Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [101].
Part 6A.2 Manufacture, import and supply of dangerous goods
Note—
See clause 7 (2) as to the extent of a manufacturer’s duties under this Part.
Division 1 General
ch 6A, pt 6A.2, div 1: Ins 2005 (531), Sch 1 [20].
174F Application—importers to ensure manufacturers’ responsibilities are met
A person who imports dangerous goods manufactured outside New South Wales for supply to others or for the person’s own use must ensure that the responsibilities of a manufacturer under this Part are met in relation to those goods.Note—Importing from outside New South Wales includes importing from another State or Territory of Australia.ch 6A, pt 6A.2, div 2 (cll 174F–174M): Ins 2005 (531), Sch 1 [20].
174G Manufacturer to identify dangerous goods
(1) A manufacturer of goods must, before the goods are handled or supplied to another person, determine in accordance with the ADG Code, or in the case of goods that are combustible liquids, in accordance with AS 1940, whether the goods are dangerous goods.Maximum penalty: Level 4.(2) If a manufacturer determines that goods are dangerous goods, the manufacturer:(a) must determine in accordance with the ADG Code whether the goods are goods too dangerous to be transported, and(b) must:(i) in the case of combustible liquids—assign a classification under AS 1940 to the liquids, or(ii) in relation to all other dangerous goods—assign to the goods the appropriate UN Number, Class, Subsidiary Risk and Packing Group under the ADG Code.Maximum penalty: Level 3.ch 6A, pt 6A.2, div 2 (cll 174F–174M): Ins 2005 (531), Sch 1 [20].
174H Packing and labelling by manufacturer
(1) A manufacturer of dangerous goods who assigns a UN Number, Class, Subsidiary Risk and Packing Group to those goods, before the goods are supplied to another person, must ensure that the provisions of the ADG Code are complied with in relation to the condition of the goods and:(a) in relation to dangerous goods in bulk—the container and placarding for the goods, and(b) in relation to all other dangerous goods—the packing and package labelling for the goods.Maximum penalty: Level 4.(2) A manufacturer of C1 combustible liquids or goods too dangerous to be transported, before the liquids or goods are supplied to another person, must ensure that the liquids or goods are packed in packaging that is:(a) of a type and in a condition that will retain the liquids or goods and will not react adversely with the liquids or goods, and(b) clearly labelled with the product name of the liquids or goods.Maximum penalty: Level 4.(3) A manufacturer of dangerous goods complies with subclause (1) or (2) if the dangerous goods are:(a) in relation to dangerous goods in bulk—contained in containers, and are placarded, in accordance with corresponding legislation, and(b) in relation to all other dangerous goods—packed, or the packages are labelled, in accordance with corresponding legislation.(4) Subclause (2) does not apply to C1 combustible liquids or goods too dangerous to be transported that are supplied in bulk.ch 6A, pt 6A.2, div 2 (cll 174F–174M): Ins 2005 (531), Sch 1 [20].
174I Restrictions on supply
(1) A person (other than the manufacturer of the dangerous goods) who supplies dangerous goods to another person must, before the goods are supplied to the other person, ensure that the provisions of the ADG Code are complied with in relation to the condition of the goods, and:(a) in relation to dangerous goods in bulk—the container and placarding for the goods, and(b) in relation to all other dangerous goods—the packing and package labelling for the goods.Maximum penalty: Level 4.(2) A person (other than the manufacturer of the combustible liquids or goods too dangerous to be transported) who supplies C1 combustible liquids or goods too dangerous to be transported to another person must, before the liquids or goods are supplied to the other person, ensure that the liquids or goods are packed in packaging that is:(a) of a type and in a condition that will retain the liquids or goods and will not react adversely with the liquids or goods, and(b) clearly labelled with the product name of the liquids or goods.Maximum penalty: Level 4.(3) A supplier of dangerous goods complies with subclause (1) or (2) if the dangerous goods are:(a) in relation to dangerous goods in bulk—contained in containers, and are placarded, in accordance with corresponding legislation, and(b) in relation to all other dangerous goods—packed, or the packages are labelled, in accordance with corresponding legislation.(4) Subclauses (1) and (2) do not apply to a retailer who supplies dangerous goods in a container provided by the purchaser, but only if:(a) the capacity of the container does not exceed 30 kg or 30 L, and(b) the retailer:(i) in relation to dangerous goods of Class 2—has ensured that the container is a package that meets the requirements of the ADG Code that relate to packages for the goods, and(ii) in relation to all other dangerous goods—has taken all reasonable steps to ensure that the container:(A) is of a type and in a condition that will retain the goods and will not react adversely with the goods, and(B) is clearly marked with the product name of the goods, and(C) is not a container that could be mistaken for or confused with one that is used for food.(5) Subclause (2) does not apply to C1 combustible liquids or goods too dangerous to be transported that are supplied in bulk.ch 6A, pt 6A.2, div 2 (cll 174F–174M): Ins 2005 (531), Sch 1 [20].
Division 2 Material safety data sheets
ch 6A, pt 6A.2, div 2 (cll 174F–174M): Ins 2005 (531), Sch 1 [20].
174J Manufacturer to prepare material safety data sheet
(1) A manufacturer of dangerous goods must prepare a material safety data sheet (MSDS) for the dangerous goods before the dangerous goods are supplied to another person.Maximum penalty: Level 4.(2) The MSDS must:(a) be in English, and(b) contain the date on which it was last reviewed or, if it has not been reviewed, the date of its preparation, and(c) clearly identify the dangerous goods to which it relates, and(d) set out the following information in relation to the dangerous goods to which it relates:(i) their recommended uses,(ii) their chemical and physical properties,(iii) any relevant health-hazard or physical-hazard information,(iv) information concerning the precautions to be followed in relation to their safe storage and handling,(v) if applicable, the proper shipping name, UN Number, Class, Subsidiary Risk and Packing Group,(vi) in the case of goods too dangerous to be transported, the name of the goods as specified in Appendix 5 to the ADG Code,(vii) in the case of C1 combustible liquids, the appropriate classification under AS 1940, and(e) set out the name, and Australian address and telephone numbers (including an emergency number), of the manufacturer.(3) The manufacturer must review and revise the MSDS as often as is reasonably necessary to keep it up to date and, in any event, at intervals not exceeding 5 years.Maximum penalty: Level 4.(4) If the dangerous goods manufactured by a manufacturer are also a hazardous substance, the MSDS prepared for the dangerous goods for the purposes of this clause:(a) may be a single MSDS that complies with both clause 150 and this clause if it is prepared before 1 September 2006, or(b) must be a single MSDS that complies with both clause 150 and this clause if it is prepared on or after 1 September 2006.ch 6A, pt 6A.2, div 2 (cll 174F–174M): Ins 2005 (531), Sch 1 [20].
174K Manufacturer to provide MSDS
(1) A manufacturer of dangerous goods must provide a copy of a current MSDS for the dangerous goods:(a) to any person who supplies the dangerous goods for use, and(b) to any person who claims to be associated with the handling or storage of the dangerous goods and who asks to be provided with a copy of the MSDS, and(c) to any medical practitioner or health practitioner who requires it for the purpose of providing emergency medical treatment.Maximum penalty: Level 3.(2) This clause commences on 1 September 2006.ch 6A, pt 6A.2, div 2 (cll 174F–174M): Ins 2005 (531), Sch 1 [20].
174L Manufacturer to disclose ingredients to medical practitioner
(1) If an MSDS or label does not disclose the chemical name of an ingredient of dangerous goods, the manufacturer of the dangerous goods must disclose the chemical identity of the ingredient to any medical practitioner or health practitioner who applies to the manufacturer for the disclosure of that information for the purpose of the management of the practitioner’s patient.(2) The manufacturer must immediately respond to the application but, on or after supplying any information, may require the medical practitioner or health practitioner concerned to sign a written undertaking that he or she will use the information only for the purpose for which it has been provided.Maximum penalty: Level 3.ch 6A, pt 6A.2, div 2 (cll 174F–174M): Ins 2005 (531), Sch 1 [20].
174M Supplier to provide MSDS
(1) A person who supplies dangerous goods must ensure that a current MSDS in relation to the goods prepared by the manufacturer is provided:(a) on the first occasion the dangerous goods are supplied, and(b) on the first occasion the dangerous goods are supplied following a revision of the MSDS, and(c) at any other time, to any person who claims to be associated with the storage or handling of the dangerous goods and who asks to be provided with a copy of the MSDS, and(d) to any medical practitioner or health practitioner who requires it for the purpose of providing emergency medical treatment.Maximum penalty: Level 4.(2) Subclause (1) (a) and (b) do not apply to a supplier who is a retailer if:(a) the dangerous goods are packaged dangerous goods supplied in a consumer package with a capacity that does not exceed 30 kg or 30 L, or(b) the dangerous goods are supplied in a container provided by the purchaser with a capacity that does not exceed 30 kg or 30 L, or(c) the retailer is supplying fuel to the fuel tank of a vehicle, vessel or aircraft.(3) This clause commences on 1 September 2006.ch 6A, pt 6A.2, div 2 (cll 174F–174M): Ins 2005 (531), Sch 1 [20].
Part 6A.3 Obligations of occupiers
ch 6A, pt 6A.3: Ins 2005 (531), Sch 1 [20].
Division 1 Preliminary
ch 6A, pt 6A.3, div 1: Ins 2005 (531), Sch 1 [20].
174N Definitions
In this Part:controller of dangerous goods premises means the controller of premises at or in which dangerous goods to which section 135A of the Act applies are stored or handled.controller of premises includes:(a) a person who has only limited control of the premises concerned, and(b) a person who has, under any contract or lease, an obligation to maintain or repair the premises concerned.occupier means the following:(a) if dangerous goods are stored or handled at an employer’s place of work—the employer,(b) a controller of dangerous goods premises.ch 6A, pt 6A.3, div 2 (cll 174N–174Q): Ins 2005 (531), Sch 1 [20].
Division 2 Hazard identification and risk assessment
ch 6A, pt 6A.3, div 2 (cll 174N–174Q): Ins 2005 (531), Sch 1 [20].
174O Duties in relation to dangerous goods
(1) An occupier must ensure that all persons (including members of the public) are not exposed to risks to their health and safety arising from dangerous goods at the occupier’s premises.Maximum penalty: Level 4.Note—Other general laws and specific legislation may provide that occupiers have obligations with regard to dangerous goods that relate to risks to property or the environment, both inside and beyond the premises of the occupier, arising from those goods.(2) Nothing in this clause is to be construed:(a) as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of this clause, or(b) as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.Note—Section 10 (2) of the Act provides that person who has control of any plant or substance used by people at work must ensure that the plant or substance is safe and without risks to health when properly used.ch 6A, pt 6A.3, div 2 (cll 174N–174Q): Ins 2005 (531), Sch 1 [20].
174P Extension of hazard identification and risk assessment provisions
(1) Division 1 (General duties of controllers of premises) of Part 4.2 of Chapter 4 of this Regulation extends to controllers of dangerous goods premises (regardless of whether or not the premises are a place of work or are used for work).(2) A reference in Chapter 2 (Places of work—risk management and other matters) and Division 1 (General duties of controllers of premises) of Part 4.2 of Chapter 4 of this Regulation to occupational health and safety (however expressed) includes, where the hazard concerned is a hazard that arises from dangerous goods, a reference to public health and safety.(3) For the avoidance of doubt:(a) when complying with clause 11 or 36, an occupier, when considering how to control a risk associated with the storage and handling of dangerous goods (where it is not reasonably practicable to eliminate the risk), must control the risk by taking the measures set out in clause 5, and(b) clauses 6 and 8 apply in relation to duties and responsibilities of occupiers and other persons at dangerous goods premises that are not places of work.ch 6A, pt 6A.3, div 2 (cll 174N–174Q): Ins 2005 (531), Sch 1 [20].
174Q Risk assessment
(1) An occupier must review each risk assessment conducted for the purposes of clause 10 or 35 at the times required by clause 12 or 37, but in any case each risk assessment must be reviewed at least once every 5 years.(2) The occupier must:(a) if the occupier is an employer, make a record of each risk assessment and any review of a risk assessment by:(i) making a notation in the register of dangerous goods kept under clause 174ZW if no specific measures are necessary to control the risks associated with the storage or handling of dangerous goods, or(ii) preparing a report on the risk assessment if specific measures are necessary to control the risks associated with the storage or handling of the dangerous goods, and(b) if the occupier is not an employer, make a record of each risk assessment and any review of a risk assessment, and(c) keep a copy of that record while the risk assessment is current or being reviewed.Maximum penalty: Level 4.ch 6A, pt 6A.3, div 2 (cll 174N–174Q): Ins 2005 (531), Sch 1 [20].
Division 3 Particular risk control measures
ch 6A, pt 6A.3, div 3: Ins 2005 (531), Sch 1 [20].
Subdivision 1 Stability and interaction with dangerous goods
ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174R Stability of dangerous goods
(1) An occupier must ensure, so far as is reasonably practicable, that the dangerous goods at the occupier’s premises do not inadvertently become unstable, decompose or change so as to:(a) create a hazard that is different from the hazard originally created by the dangerous goods, or(b) increase the risk associated with the dangerous goods.Maximum penalty: Level 4.(2) Without limiting subclause (1), the occupier must ensure that:(a) if the stability of the dangerous goods is dependent on the maintenance of levels of stabilisers, those levels are maintained as specified by the manufacturer of the dangerous goods, and(b) if the dangerous goods are required to be stored or handled with a particular temperature range specified by the manufacturer, they are stored or handled within that temperature range.(3) Subclause (2) does not apply in relation to dangerous goods that are about to be used in a manufacturing process.(4) In this clause, stabiliser means any substance (including any diluent, inhibitor, desensitiser, phlegmatizer, solvent, wetting agent or adulterant) added to, or present in, dangerous goods that overcomes the chemical instability inherent in the dangerous goods.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174S Separation of dangerous goods
(1) Without affecting the generality of clauses 11 and 36, an occupier must ensure that the risk to other dangerous goods storage or handling areas and to persons and property at or beyond the premises that arises from an incident involving dangerous goods:(a) is eliminated, or(b) if it is not reasonably practicable to eliminate the risk, is controlled so far as is reasonably practicable by separation.Maximum penalty: Level 4.(2) In this clause, separation, in relation to the separation of dangerous goods from a person, property or thing, means the physical separation of the dangerous goods from the person, property or thing, by either distance or a physical barrier.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174T Preventing interaction with other substances
An occupier must ensure that dangerous goods on the occupier’s premises that are not compatible with other substances (including other dangerous goods) are stored or handled separately from the other substances so that a loss of containment or any other interaction cannot cause a serious incident.Maximum penalty: Level 4.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174U Ignition sources in hazardous areas
(1) An occupier must ensure that ignition sources in any hazardous area within the occupier’s premises:(a) are eliminated, or(b) if it is not reasonably practicable to eliminate those ignition sources, the risk arising from those sources is controlled.Maximum penalty: Level 4.(2) An occupier must identify any hazardous area that is within, or arises as a result of dangerous goods stored or handled at, the occupier’s premises.Maximum penalty: Level 4.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174V Atmospheric emissions
An occupier must ensure that any risk produced by atmospheric emissions from dangerous goods that are toxic, corrosive, flammable, explosive or asphyxiant:(a) is eliminated, or(b) if it is not reasonably practicable to eliminate the risk, is reduced so far as is reasonably practicable.Maximum penalty: Level 4.Note—The obligation imposed by this clause is in addition to any obligations under Division 5 of Part 4.3 of Chapter 4.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174W Preventing contamination of food and personal products
An occupier must ensure that dangerous goods on the occupier’s premises cannot contaminate food, food packaging or personal use products.Maximum penalty: Level 4.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174X Containers for dangerous goods in bulk
An occupier of premises at which dangerous goods in bulk in a container are present must ensure that:(a) the container and any associated pipework are provided with stable foundations and supports, and(b) any pipework or equipment connected to the container is installed so as to prevent excessive stress on the container, pipework or equipment, and(c) the container and any associated pipework are protected from deterioration.Maximum penalty: Level 4.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174Y Containment of spills
(1) An occupier must ensure that, in each place at the occupier’s premises where dangerous goods are stored or handled, provision is made for containment of spills or leaks so as:(a) to eliminate the risk from any spill or leak of dangerous goods, or if it is not reasonably practicable to eliminate the risk, reduce it so far as is reasonably practicable, and(b) so far as is reasonably practicable, to contain safely within the premises the dangerous goods that have been spilled or leaked and any effluent arising from an incident.(2) In the case of dangerous goods containment, any area or receptacle intended to contain spills or leaks must not be shared with any other substances, including other dangerous goods, that are not compatible with the dangerous goods to be contained.(3) In the event of a spill or leak of dangerous goods, the occupier must ensure that:(a) immediate action is taken to reduce any risk associated with the spill or leak so far as is reasonably practicable, and(b) the dangerous goods and any resulting effluent are, as soon as reasonably possible, cleaned up and disposed of or otherwise made safe.Maximum penalty: Level 4.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174Z Transfer of dangerous goods
(1) An occupier must ensure that any risk associated with the transfer of dangerous goods within, to or from the occupier’s premises is eliminated, or if it is not reasonably practicable to eliminate the risk, is controlled so far as is reasonably practicable.(2) In eliminating or controlling a risk in accordance with subclause (1), the occupier must, as relevant, have regard to:(a) the need for measures to:(i) control spills and leaks, and(ii) minimise static electricity, and(iii) control vapour generation, and(b) the suitability of pipework, attachments and associated safety systems at the premises with the risk elimination or control measures proposed.Maximum penalty: Level 4.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174ZA Impact protection
An occupier must ensure, as far as is reasonably practicable, that any containers, pipework, attachments, equipment containing, or associated with, of dangerous goods on the occupier’s premises are protected from physical damage resulting from activities in or on the premises, including impacts, imposed loads and mechanical stress.Maximum penalty: Level 4.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
Subdivision 2 Preparedness for emergencies
ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174ZB Fire protection
(1) An occupier must ensure that:(a) the occupier’s premises are provided with a fire protection system that:(i) has been designed and constructed having taken account of any risk assessment of the premises, and(ii) is designed and constructed to take account of:(A) the types and quantities of dangerous goods and the conditions under which they are stored and handled, and(B) other materials and substances that make up the premises or are stored or handled at the premises, and(iii) is compatible with the dangerous goods and the other materials and substances and is effective in the control of incidents involving the types and quantities of dangerous goods and other materials and substances, and(b) the fire protection system is:(i) properly installed, tested and maintained, and(ii) at all times accessible to persons on the premises and to the relevant emergency services, and(iii) capable of being used, without adaptation or modification, with the equipment used by the New South Wales Fire Brigades and the NSW Rural Fire Service.Maximum penalty: Level 4.(2) The occupier must, if any of the components of the fire protection system are rendered inoperative, ensure that:(a) the implications of any of the components of the system being unserviceable or inoperative are assessed, and(b) alternative measures are taken to control, to the same level of effectiveness, those risks that were controlled by the system when functioning fully, and(c) the fire protection system is returned to full operation as soon as is reasonably practicable.Maximum penalty: Level 4.(3) If the implications of the system becoming unserviceable or inoperative, as assessed by the occupier under subclause (2) (a), include a significant reduction in the effectiveness of the fire protection system, the occupier must notify the relevant emergency services of the condition of the fire protection system.Maximum penalty: Level 4.(4) In determining the alternative measures required under subclause (2) (b) the occupier must have regard to the need for:(a) the provision of alternative fire protection measures, and(b) a reduction of the quantities of dangerous goods stored or handled at the premises, and(c) stopping or reducing the processes used for the storage and handling of dangerous goods at the premises, and(d) modifications to systems of work at the premises.Maximum penalty: Level 4.(5) In this clause, fire protection system includes fixed or portable fire detection, fire suppression and fire fighting equipment.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174ZC Planning for emergencies
(1) This clause applies in relation to premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in the column headed “Manifest quantity” in the Table to Schedule 5.(2) An occupier of premises to which this clause applies must ensure that a written plan for dealing with any emergency associated with the storage and handling of dangerous goods on those premises (an emergency plan) is:(a) developed, implemented and maintained, and(b) communicated to:(i) persons who are engaged by the occupier to work at the premises and who may be exposed to risk as a result of an emergency, and(ii) persons in control of adjacent premises to the extent that the emergency plan applies to those person, if persons or property on the adjacent premises may be exposed to risk as a result of an emergency.Maximum penalty: Level 4.(3) In developing or reviewing the emergency plan, the occupier must:(a) provide a draft of the emergency plan to the Commissioner of the New South Wales Fire Brigades, and(b) have regard to any written advice received from the Commissioner of the New South Wales Fire Brigades.Maximum penalty: Level 4.(4) The occupier of the premises must provide a copy of the emergency plan to:(a) if the premises to which this clause applies are within a rural fire district within the meaning of the Rural Fires Act 1997—the NSW Rural Fire Service, or(b) in any other case—the Commissioner of the New South Wales Fire Brigades.Maximum penalty: Level 4.(5) The occupier must review the emergency plan:(a) if there is a change in circumstances at the premises, or any adjacent premises, such as to raise the possibility of an emergency of a kind that is not dealt with by the plan, and(b) at intervals of not more than 5 years from the date on which the plan was developed or last reviewed.Maximum penalty: Level 4.(6) The occupier must communicate the revised plan to the persons specified in subclause (2) (b).Maximum penalty: Level 4.(7) This clause commences on 1 September 2006.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
Subdivision 3 Safety equipment and safe access
ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174ZD Safety equipment
(1) An occupier must ensure that, where safety equipment is required to control an identified risk in relation to the storage or handling of dangerous goods (including personal protective equipment and clean up equipment such as neutralisers, decontaminants and associated equipment), that equipment is provided, maintained and accessible to persons authorised to be on the premises.(2) A person must not wilfully damage or make ineffective any safety equipment referred to in subclause (1).Maximum penalty: Level 4.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174ZE Safe access
An occupier must ensure that safe means of access to and from and within the occupier’s premises are provided and maintained.Maximum penalty: Level 4.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
Subdivision 4 Plant, equipment and containers
ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174ZF Cleaning or decommissioning plant, equipment and containers
(1) An occupier must ensure that any plant, equipment or container that was used in connection with dangerous goods and:(a) is to be disposed of, oris made free from dangerous or otherwise made safe.(b) has not had dangerous goods placed in or taken from it for a continuous period of 12 months,(2) If a dangerous goods container has been made free from dangerous goods and the container is to be reused for a purpose other than its original purpose, the occupier must ensure that any references, signs, symbols or warning relating to the dangerous goods that it formerly contained are removed or obliterated.(3) If an underground, partially underground or fully mounded tank (other than an LPG tank) has been used to contain dangerous goods and 2 years have elapsed since any dangerous goods were last put in or taken from the tank, the occupier of the premises in which it is situated (or in the case of a LPG tank, the owner of the tank) must:(a) remove any remaining dangerous goods from, and abandon, the tank in compliance with AS 1940, and(b) within 7 days of the abandonment, notify WorkCover in the approved form of the abandonment.Maximum penalty: Level 4.Note—See clause 174ZZE for obligations in relation to LPG tanks.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
Subdivision 5 Provision of information
ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174ZG Occupier to obtain MSDS
(1) For all dangerous goods stored or handled on an occupier’s premises, the occupier:(a) must obtain from the supplier of the goods an MSDS before or on the first occasion on which they are supplied, and(b) must ensure that the MSDS is readily accessible to any person at the premises who could store or handle the goods, and(c) must ensure that the MSDS is not altered, otherwise than where it is appropriate that an overseas MSDS be reformatted by the occupier.(2) The provisions of subclause (1) (a) and (b) do not apply to:(a) dangerous goods in transit, and(b) dangerous goods that are supplied to a retailer, retail warehouse operator or transport warehouse operator in a consumer package that:(i) holds less than 30 kg or 30 L of the goods, and(ii) is intended for retail sale, and(iii) is not intended to be opened on the premises of the retailer or operator.Maximum penalty: Level 4.(3) This clause commences on 1 September 2006.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
174ZH Occupier to ensure containers are labelled and enclosed systems are identified
(1) An occupier must ensure that packaged dangerous goods at the occupier’s premises, including those supplied to or produced within the occupier’s premises, are labelled in accordance with the ADG Code, and that the labels are not removed, defaced or altered.Maximum penalty: Level 4.(2) Without limiting subclause (1), an occupier must ensure that any such label:(a) clearly identifies the dangerous goods, and(b) provides basic health and safety information about the dangerous goods, including any relevant risk phrases and safety phrases.Maximum penalty: Level 4.(3) However:(a) a container into which dangerous goods are transferred for use within the next 12 hours need only be labelled with the product name and the relevant risk phrases and safety phrases, and(b) a container into which dangerous goods are transferred for immediate use need not be labelled, so long as it is cleaned immediately after it has been emptied of the dangerous goods.(4) An occupier must ensure that the identity of any dangerous goods contained in an enclosed system at the occupier’s premises (such as a pipe or piping system, or a process or reactor vessel) is notified to a person who could handle the dangerous goods.Maximum penalty: Level 1.(5) This clause does not apply to dangerous goods in transit.ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
Subdivision 6 Placards
ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
ch 6A, pt 6A.3, div 3, sdiv 6: Ins 2005 (531), Sch 1 [20].
174ZI Commencement of Subdivision
This Subdivision commences on 1 September 2006.cll 174ZI–174ZK: Ins 2005 (531), Sch 1 [20].
174ZJ Outer warning placards
(1) If the quantities of dangerous goods stored and handled at an occupier’s premises exceed the relevant quantities specified in the column headed “Placarding quantity” in the Table to Schedule 5, the occupier must ensure that a “HAZCHEM” outer warning placard as specified in Schedule 6 is displayed at the entrances to the premises that emergency services would use or be likely to use in the event of an emergency.Maximum penalty: Level 4.(2) Subclause (1) does not apply to retail service stations.cll 174ZI–174ZK: Ins 2005 (531), Sch 1 [20].
174ZK Other placarding requirements
(1) An occupier must ensure that the following are placarded in accordance with this clause:(a) any container or other form of storage of dangerous goods in bulk,(b) any storage location of packaged dangerous goods.Note—See the definition of “storage location” in clause 174B.(2) Subclause (1) does not apply to any of the following:(a) dangerous goods in bulk in any container, including an IBC, that is intended for transport and marked in accordance with the ADG Code,(b) C1 combustible liquids in bulk in a quantity not exceeding 10,000 L that are separated from other dangerous goods,(c) dangerous goods of Class 2.1 or 3 or C1 combustible liquids, that are stored in an underground tank at a retail service station where the goods are used to refuel vehicles.(3) The dimensions, design, layout and content of a placard must be in accordance with Schedule 6 or the ADG Code.(4) A placard must be kept clean, in good order and unobstructed.(5) A placard required by subclause (1) or by clause 174ZJ must be located:(a) so that it is clearly legible by persons approaching the premises, bulk container or other form of storage or storage location (as appropriate), and(b) so that it is separate from any other sign or writing which contradicts, qualifies or distracts attention from the placard.(6) A placard required by subclause (1) (a) must be located on or adjacent to each bulk container or other form of storage.(7) A placard required by subclause (1) (b) must be located:(a) at the entrance to any building in which the dangerous goods are stored, and(b) within a building referred to in paragraph (a), at the entrance to each room or other closed or walled section of the building in which the dangerous goods are stored, and(c) adjacent to any external storage location where the dangerous goods are stored.(8) If the dangerous goods to which placards apply are permanently removed from the premises, the occupier must remove the placards.Maximum penalty: Level 4.cll 174ZI–174ZK: Ins 2005 (531), Sch 1 [20].
174ZL Different location permitted
(1) An occupier of premises that are required to be placarded may place placards in locations different from those specified in this Part if the relevant emergency services agree with the placards being in those different locations.(2) The occupier must ensure that the agreement of the relevant emergency services is in writing and is readily available for inspection by an inspector.cl 174ZL: Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [102].
174ZM Revision
An occupier must ensure that all placards required by this Subdivision are revised as soon as reasonably practicable after any change to the type or quantity of dangerous goods stored at the occupier’s premises that requires different information to be displayed.Maximum penalty: Level 4.cl 174ZM: Ins 2005 (531), Sch 1 [20].
Subdivision 7 Manifests
ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
ch 6A, pt 6A.3, div 3, sdiv 7: Ins 2005 (531), Sch 1 [20].
174ZN Manifest to be maintained
(1) An occupier of premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in the column headed “Manifest quantity” in the Table to Schedule 5 must keep a manifest of dangerous goods, that contains the information and site plans required by Schedule 7, readily available for use by an inspector or the emergency services.(2) The occupier must ensure that a copy of the manifest is kept, and is readily accessible, at the main entrance to the occupier’s premises unless the occupier and the Commissioner of the New South Wales Fire Brigades or the NSW Rural Fire Service, as appropriate, have agreed to a different location for keeping a copy of the manifest.(3) The occupier must ensure that the manifest is revised as soon as possible after a change in any of the information specified in Schedule 7.(4) This clause does not apply in relation to dangerous goods in transit.(5) This clause commences on 1 September 2006.Maximum penalty: Level 4.cl 174ZN: Ins 2005 (531), Sch 1 [20]. Am 2005 No 98, Sch 2.44 [3] [4].
Subdivision 8 Serious incidents and other incidents
Note—
Sections 86 and 87 of the Act, and clauses 341, 341A and 342 of this Regulation, make provision for the notification to WorkCover of serious incidents and certain other incidents at places of work and for the non-disturbance of plant and areas surrounding the place of a serious incident.
ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
ch 6A, pt 6A.3, div 3, sdiv 8: Ins 2005 (531), Sch 1 [20].
174ZO Response to serious incidents and other incidents
(1) An occupier must respond to a serious incident or other incident involving dangerous goods at the occupier’s premises by ensuring that:(a) immediate action is taken to assess and control any risk associated with the serious incident or other incident, including making any plant or equipment associated with the serious incident or other incident and the surrounding area safe so far as is reasonably practicable, and(b) only persons essential to carrying out the action referred to in paragraph (a) remain in the vicinity of the serious incident or other incident, and(c) the risk to each person engaged by the occupier at the premises to carry out the action referred to in paragraph (a) is reduced so far as is reasonably practicable.Maximum penalty: Level 4.(2) Clauses 341–343 extend to controllers of dangerous goods premises and to premises on or in which dangerous goods to which section 135A of the Act applies (regardless of whether or not the premises are a place of work or are used for work).Note—Sections 86 and 87 of the Act apply to premises on or in which dangerous goods to which section 135A of the Act applies are stored or handled (regardless of whether or not the premises are a place of work or are used for work): see section 135A (3) (c) of the Act.Sections 86 and 87 of the Act do not apply to mining workplaces or coal workplaces. Notifications are to the Department Head (Mining) under section 110 of the Coal Mine Health and Safety Act 2002 or section 88 of the Mine Health and Safety Act 2004.(3) The obligations of the occupier under subclause (1) (b) and (c) do not apply in respect of members of the emergency services responding to the serious incident or other incident.cl 174ZO: Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [103].
174ZP Investigation of serious incidents and other incidents
An occupier must ensure that:(a) any serious incident or other incident involving dangerous goods occurring at the premises is investigated and that the investigation, so far as possible, determines the cause or likely cause of the serious incident or other incident, and(b) a record of the investigation is:(i) made, and(ii) kept for at least 5 years, and(iii) readily available, on request, to an inspector.Maximum penalty: Level 4.cl 174ZP: Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [104].
174ZQ Risk assessment and control following serious incidents and other incidents
An occupier of premises where a serious incident or other incident involving dangerous goods has occurred must:(a) review the risk assessment carried out in accordance with this Regulation, taking into account the results of the investigation into the serious incident or other incident, and(b) if the review identifies deficiencies in any risk control measures, alter those measures or implement new measures.Maximum penalty: Level 4.cl 174ZQ: Ins 2005 (531), Sch 1 [20].
174ZR Information may be requested
(1) WorkCover may request any information from an occupier of premises that are a place of work that is not a mining workplace or a coal workplace in relation to:(a) the cause or effect of a serious incident or other incident that has occurred on the occupier’s premises, and(b) any action taken by the occupier as a result of the serious incident or other incident.(1A) The Department Head (Mining) may request any information from an occupier of premises that are a mining workplace or a coal workplace in relation to:(a) the cause or effect of a serious incident or other incident that has occurred on the occupier’s premises, and(b) any action taken by the occupier as a result of the serious incident or other incident.(2) A request for information must:(a) be in writing, and(b) specify a reasonable period within which the occupier must respond.(3) The occupier must provide the requested information:(a) in writing, and(b) within the period specified by WorkCover or the Department Head (Mining) (as the case may be).Maximum penalty: Level 4.(4) (Repealed)cl 174ZR: Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [105]–[108].
Subdivision 9 Notification
ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
ch 6A, pt 6A.3, div 3, sdiv 9: Ins 2005 (531), Sch 1 [20].
174ZS Notification to WorkCover
(1) An occupier of premises where dangerous goods are stored and handled in quantities that in total exceed or are likely to exceed the relevant quantities specified in the column headed “Manifest quantity” in the Table to Schedule 5 must ensure that WorkCover is notified of the presence of those dangerous goods.(2) A notification to WorkCover under subclause (1) must:(a) be given within 14 days after the obligation to notify arises, and(b) be accompanied by a fee in such amount as WorkCover may determine as the appropriate amount to cover expenses in connection with the processing and review of notifications required by this clause, and(c) include the following information:(i) the name of the occupier (and any other occupiers of the premises concerned),(ii) the address of the premises where the dangerous goods are stored and handled,(iii) the occupier’s contact details,(iv) the nature of the principal activities involving the dangerous goods,(v) the Class, Packing Group and the maximum quantity of the dangerous goods stored and handled in bulk or as packaged dangerous goods,(vi) descriptions and details and the maximum quantity of any C1 combustible liquids stored and handled in bulk or as packaged dangerous goods,(vii) the product name and the maximum quantity of goods too dangerous to be transported,(viii) any other documents or information specifically requested by WorkCover.(3) The occupier must ensure that WorkCover is provided with further notification, containing the information required under subclause (2), every 12 months, or at such longer intervals as are specified by WorkCover.(4) On receiving a notification under this clause, WorkCover must send the occupier a written acknowledgment of the notification.(5) WorkCover may give any information contained in a notification to a relevant local government council, the Department Head (Mining) and the emergency services.(6) This clause does not apply in relation to dangerous goods in transit.Maximum penalty: Level 4.cl 174ZS: Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [109].
Subdivision 10 Miscellaneous
ch 6A, pt 6A.3, div 3, sdivs 1–5 (cll 174R–174ZH): Ins 2005 (531), Sch 1 [20].
ch 6A, pt 6A.3, div 3, sdiv 10 (cll 174ZT, 174ZU): Ins 2005 (531), Sch 1 [20].
174ZT Security at premises
An occupier must, so far as is reasonably practicable, prevent:(a) access to dangerous goods on the occupier’s premises by unauthorised persons, and(b) unauthorised activities occurring on those premises.Maximum penalty: Level 4.ch 6A, pt 6A.3, div 3, sdiv 10 (cll 174ZT, 174ZU): Ins 2005 (531), Sch 1 [20].
174ZU Lighting
An occupier must ensure that lighting is provided that:(a) does not create excessive glare or reflection, and(b) is adequate to allow persons to move safely within the occupier’s premises, and(c) facilitates safe access to and egress from the premises, including emergency exits.Maximum penalty: Level 4.ch 6A, pt 6A.3, div 3, sdiv 10 (cll 174ZT, 174ZU): Ins 2005 (531), Sch 1 [20].
Part 6A.4 Obligations of employers
ch 6A, pt 6A.4: Ins 2005 (531), Sch 1 [20].
174ZV Employer to retain records of induction and training
An employer must retain records in a suitable form of all induction or other training required by clause 13 to be provided to employees who are likely to store or handle dangerous goods at the employer’s place of work for at least 5 years after the date of creation of the record.Maximum penalty: Level 1.cl 174ZV: Ins 2005 (531), Sch 1 [20].
174ZW Employer to keep register of dangerous goods
(1) An employer must ensure that a register is kept and maintained for all dangerous goods stored or handled at the employer’s place of work.(2) The employer must ensure that the register includes:(a) a list of all dangerous goods used at the employer’s place of work, and(b) the relevant MSDS (if any) for each of those dangerous goods, and(c) any notations required under clause 174ZX.(3) The employer must ensure that the register is readily accessible to all employees who may store or handle dangerous goods while at the employer’s place of work.(4) This clause does not apply to the following dangerous goods:(a) dangerous goods that are supplied to a retailer or retail warehouse operator in a consumer package holding less than 30 kg or 30 L of the dangerous goods, that is intended for retail sale and that is not intended to be opened on the premises of the retailer or operator,(b) dangerous goods in transit.(5) The employer may keep and maintain a single register both for the purposes of this clause and for the purposes of clause 167 (Employer to keep register of hazardous substances).(6) This clause commences on 1 September 2006.Maximum penalty: Level 1.cl 174ZW: Ins 2005 (531), Sch 1 [20]. Am 2005 No 98, Sch 2.44 [5] [6].
174ZX Employer to record risk assessments
(1) An employer must record the results of a risk assessment relating to the storage or handling of dangerous goods by:(a) making a notation in the register of dangerous goods kept under clause 174ZW if no specific measures are necessary to control the risks associated with the dangerous goods, or(b) preparing a report on the risk assessment if specific measures are necessary to control the risks associated with the dangerous goods.Maximum penalty: Level 3.(2) The employer must ensure that any risk assessment report prepared in relation to dangerous goods that are stored or handled at the employer’s place of work is readily accessible to any employee or other person working at the employer’s place of work who could store or handle the dangerous goods.Maximum penalty: Level 1.(3) This clause commences on 1 September 2006.cl 174ZX: Ins 2005 (531), Sch 1 [20].
Part 6A.5 Specific provisions applying to all dangerous goods to which section 135A of Act applies
ch 6A, pt 6A.5 (cll 174ZY–174ZZE): Ins 2005 (531), Sch 1 [20].
174ZY Application
This Part applies to all dangerous goods to which section 135A of the Act applies (regardless of whether or not they are at a place of work).ch 6A, pt 6A.5 (cll 174ZY–174ZZE): Ins 2005 (531), Sch 1 [20].
174ZZ Self-service fuel dispensing units
(1) A person who keeps dangerous goods, being vehicle fuel, for sale or supply by means of a self-service fuel dispensing unit must, in relation to the unit, comply (or cause compliance) with the provisions of this clause.(2) Instructions for the operation of the unit, and a statement of the requirements of subclauses (8) and (9), must be clearly displayed on or immediately adjacent to it.(3) The unit and the area surrounding it must be adequately illuminated when the unit is in operation.(4) A person (an operator) must be appointed to control and supervise from a control point the safe operation of the unit when it is in operation for the sale of fuel.(5) Subclause (4) does not apply to a premises at which one or more coin or card operated self-service fuel dispensing units are located during such times (if any) as the premises are not staffed.(6) A person must not be appointed as an operator unless he or she:(a) is a competent and reliable person of or over the age of 18 years, and(b) is fully conversant with the manner of operation of the unit by the users and the system employed for the sale of fuel by means of the unit.(7) The person referred to in subclause (1) must take all practicable steps to ensure that the self-service fuel dispensing unit is not operated by a person under 16 years of age.(8) When a vehicle is standing near a self-service fuel dispensing unit, the driver of the vehicle must ensure that its engine:(a) is stopped before the fuel tank is opened, and(b) remains stopped while the fuel is being dispensed into the vehicle.(9) A person must not smoke, create a spark or introduce any other ignition source within 3 metres of a self-service fuel dispensing unit (including the nozzle of a hose that is part of such a unit). For the purposes of this subclause, the normal movement of a vehicle does not constitute the introduction of an ignition source.Maximum penalty: Level 4.ch 6A, pt 6A.5 (cll 174ZY–174ZZE): Ins 2005 (531), Sch 1 [20].
174ZZA Fuel dispensing units generally
(1) When a vehicle is standing near a fuel dispensing unit, the driver of the vehicle must ensure that its engine:(a) is stopped before the fuel tank is opened, and(b) remains stopped while the fuel is being dispensed into the vehicle.(2) A person must not smoke, create a spark or introduce any other ignition source within 3 metres of a fuel dispensing unit (including the nozzle of a hose that is part of such a unit). For the purposes of this subclause, the normal movement of a vehicle does not constitute the introduction of an ignition source.Maximum penalty: Level 4.ch 6A, pt 6A.5 (cll 174ZY–174ZZE): Ins 2005 (531), Sch 1 [20].
174ZZB Positioning of liquefied gas cylinders
A person must not keep, convey or use a cylinder containing dangerous goods of Class 2.1, being liquefied flammable gas, unless the cylinder is positioned so that the safety relief device communicates directly with the vapour space in the cylinder.Maximum penalty: Level 4.ch 6A, pt 6A.5 (cll 174ZY–174ZZE): Ins 2005 (531), Sch 1 [20].
174ZZC Valves
(1) A person who keeps a cylinder or other container containing dangerous goods of Class 2 must, unless it is connected by permanent piping to a consuming device, ensure that its valve is kept securely closed at all times except when the container is being filled or goods are being taken from it.(2) If piping or a pipeline is equipped with one or more excess flow valves, a person must not convey dangerous goods of Class 2 by means of the piping or pipeline unless each valve is set for the minimum diameter of that part of the piping or pipeline that the goods would enter through the valve without first passing through another such valve.Maximum penalty: Level 4.ch 6A, pt 6A.5 (cll 174ZY–174ZZE): Ins 2005 (531), Sch 1 [20].
174ZZD Filling of balloons and other containers
(1) A person must not:(a) fill a balloon or other collapsible container with flammable, toxic or anaesthetic gas, or(b) keep, convey, sell or use a balloon or other collapsible container that contains any such gas.(2) This clause does not prevent an activity carried out for the purposes of or in connection with scientific research or for any medical purpose.Maximum penalty: Level 4.ch 6A, pt 6A.5 (cll 174ZY–174ZZE): Ins 2005 (531), Sch 1 [20].
174ZZE Decommissioning of LPG tanks
If an LPG tank has been used to contain dangerous goods and 2 years have elapsed since any dangerous goods were last put in or taken from the tank, the owner of the tank must:(a) remove any remaining dangerous goods from, and abandon, the tank in compliance with AS/NZS 1596—2002The storage and handling of LP Gas, and(b) within 7 days of the abandonment, notify WorkCover in the approved form of the abandonment.Maximum penalty: Level 4.ch 6A, pt 6A.5 (cll 174ZY–174ZZE): Ins 2005 (531), Sch 1 [20].
Chapter 6B Major hazard facilities
Part 6B.1 Preliminary
ch 6B, pt 6B.1: Ins 2008 (271), Sch 1 [1].
175 Application
(1) This Chapter applies in relation to major hazard facilities, potential major hazard facilities and other facilities.(2) However, this Chapter does not apply to premises that are:(a) a port operational area under the control of a port authority, or(b) a pipeline to which the Gas Supply Act 1996 or the Pipelines Act 1967 applies, or(c) a pipeline to which provisions of the repealed Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999 apply (by operation of clause 3 of Schedule 3 to this Regulation), or(d) a coal workplace, or(e) a mining workplace.(3) In this clause:means a body established under Part 2 or 4 of the Ports and Maritime Administration Act 1995.port operational area means the land and sea, including the fixed facilities and vessels, located in any area defined in Schedule 1 to the Ports and Maritime Administration Regulation 2007 and includes any berths adjacent to such an area.cl 175: Ins 2008 (271), Sch 1 [1]. Am 2008 (389), Sch 1 [1] [2].
175A Definitions
(1) In this Chapter:aggregate quantity ratio or AQR, in relation to a Schedule 8 material, means the aggregate quantity ratio as determined in accordance with subclause (2).facility means the whole of any premises at which Schedule 8 materials are present or likely to be present for any purpose.major accident means an incident (including an emission, loss of containment, fire, explosion or release of energy or projectiles, but not including the long term, low volume release of any material) involving a Schedule 8 material occurring in the course of the operation, commissioning, shutdown or maintenance of a major hazard facility that poses a risk of serious danger or harm (whether immediate or delayed) to any person (including members of the public).major hazard facility means:(a) a facility at which Schedule 8 materials are present or likely to be present in a quantity that exceeds their threshold quantity, or(b) a facility where the aggregate quantity ratio of Schedule 8 materials present or likely to be present exceeds 1.0, or(c) a facility at which Schedule 8 materials are present or likely to be present, not being a facility to which paragraph (a) or (b) applies, that is, for the time being, determined by WorkCover to be a major hazard facility under Part 6B.5.modification, in relation to a major hazard facility, means:(a) a change to any plant, processes, materials, operating conditions or operating procedures (including the introduction of new plant, processes, materials, operating conditions or operating procedures), or(b) a change to the quantity of Schedule 8 materials present or likely to be present (including the introduction of any new Schedule 8 materials), orthat has the effect of:(c) a change to the safety management system of the facility,(d) significantly increasing the risk of a major accident occurring, or(e) in relation to any major accident that might occur, significantly increasing:(i) its magnitude, or(ii) the severity of its consequences to persons (whether on-site or off-site).near miss means any incident that, but for mitigating effects, actions or systems, could have escalated into a major accident.operator, in relation to a facility, means the person who has overall control of the facility.potential major hazard facility means:(a) a facility where Schedule 8 materials are present or likely to be present in a quantity that exceeds 10% of their threshold quantity but does not exceed their threshold quantity, or(b) a facility where the aggregate quantity ratio of Schedule 8 materials present or likely to be present at the facility exceeds 0.1 but does not exceed 1.0.provisionally registered means provisionally registered under clause 175M.registered means registered under clause 175R.Schedule 8 material means a material mentioned in Table 1 to Schedule 8 or a material that belongs to one or more of the types, classes and categories mentioned in Table 2 to Schedule 8.threshold quantity, in relation to a Schedule 8 material, means the threshold quantity for that material as specified in Schedule 8.(2) An aggregate quantity ratio of Schedule 8 materials present or likely to be present at a facility is to be determined using the following formula:%20AND%20(No%3D0648)%20AND%20(Year%3D2001)%20AND%20(%22Historical%20Document%22%3D0))/g7.gif)
where:qx , qy…qn is the total quantity of each Schedule 8 material present or likely to be present at the facility.Qx , Qy…Qn is the threshold quantity for each Schedule 8 material concerned.However, a quantity of Schedule 8 material need not be included in the calculation if:(a) the quantity is less than 2% of the corresponding threshold quantity for the material, and(b) the quantity is present in such conditions that it is incapable of triggering a major accident.(3) For the purposes of determining whether a facility is a major hazard facility, a potential major hazard facility or not such a facility, the quantity of a Schedule 8 material present or likely to be present at the facility is taken to include all amounts of the material, including but not limited to the following:(a) for process vessels and related piping systems—the maximum amount of the material normally present in the process vessel or related piping system,(b) for storage vessels including tanks—the maximum capacity of the storage vessel or tank, except where all of the following conditions apply:(i) the storage vessel or tank is nominally empty and the mass of the Schedule 8 material present is as low as is reasonably practical,(ii) the storage vessel or tank will not be filled at the facility,(iii) a secure physical barrier covers the fill point and any other opening that could be used to fill the storage vessel or tank,(iv) the storage vessel or tank is not connected to any pipe,Note—This includes all tanks, whether above ground, mounded or underground.(c) for package or other container storage areas—the maximum quantity of the material that is likely to be present in the package or other container storage area,(d) for pipes, piping and pipelines not included in paragraph (a)—the maximum quantity of materials contained in the pipes, piping or pipelines or the maximum quantity of material that could escape from the pipe, piping or pipeline in the event of its catastrophic failure (whichever is the greater).(4) In this Chapter, a material is present or likely to be present at a facility if:(a) it is reasonably foreseeable that the material will be present at the facility for any continuous period of 48 hours, or(b) the material is able to be produced under reasonably foreseeable abnormal conditions at the facility (for example, conditions such as extreme weather).cl 175A: Ins 2008 (271), Sch 1 [1]. Am 2008 (389), Sch 1 [3].
175B Dangerous goods to which section 135A of the Act applies
(1) For the purposes of this Chapter, dangerous goods that are Schedule 8 materials are declared to be dangerous goods to which section 135A of the Act applies.(2) This Chapter applies to dangerous goods that are Schedule 8 materials regardless of whether those goods are at a place of work or are for use at work.(3) In this clause, dangerous goods has the same meaning as in section 135A of the Act.cl 175B: Ins 2008 (271), Sch 1 [1].
Part 6B.2 Hazard identification and risk assessment
ch 6B, Parts 6B.2, 6B.3 (cll 175C–175E): Ins 2008 (271), Sch 1 [1].
175C Extension of hazard identification and risk assessment provisions
(1) Division 1 (General duties of controllers of premises) of Part 4.2 of Chapter 4 extends to operators of major hazard facilities (regardless of whether or not those facilities are places of work or are used for work).(2) A reference in Chapter 2 (Places of work—risk management and other matters) and Division 1 (General duties of controllers of premises) of Part 4.2 of Chapter 4 to occupational health and safety (however expressed) includes, where the hazard concerned is a hazard that arises from a major hazard facility, a reference to public health and safety (both at the facility and beyond).(3) Without limiting subclause (2), when identifying the hazards that arise from a major hazard facility, the operator of the facility must identify all foreseeable hazards that may lead to, or arise from, a major accident at the facility.ch 6B, Parts 6B.2, 6B.3 (cll 175C–175E): Ins 2008 (271), Sch 1 [1].
175D Regular risk assessments
(1) An operator of a major hazard facility must review each risk assessment conducted for the purposes of clause 10 or 35 at the times required by clause 12 or 37, but in any case each risk assessment must be reviewed as follows:(a) before a modification of the major hazard facility,(b) after the occurrence of a major accident or near miss at the major hazard facility,(c) when requested by WorkCover,(d) at least once every 5 years.(2) The operator must make a record of each risk assessment and any review of a risk assessment.Maximum penalty: Level 4.Note—Clause 175ZD provides that any document or other record required to be created by an operator of a major hazard facility under this Chapter is to be retained by the operator for at least 15 years after the date of its creation.ch 6B, Parts 6B.2, 6B.3 (cll 175C–175E): Ins 2008 (271), Sch 1 [1].
Part 6B.3 Duties in relation to major hazard facilities
ch 6B, Parts 6B.2, 6B.3 (cll 175C–175E): Ins 2008 (271), Sch 1 [1].
175E Duties in relation to major accidents at major hazard facilities
(1) An operator of a major hazard facility must ensure that all persons (including members of the public) are not exposed to risks to their health and safety arising from a major accident occurring at the facility.Maximum penalty: Level 4.Note—Other general laws and specific legislation may provide that operators have other obligations with regard to the operation of the major hazard facility that relate to risks to property or the environment, both inside or beyond the facility.(2) Nothing in this clause is to be construed:(a) as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of this clause, or(b) as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.Note—Section 10 (2) of the Act provides that a person who has control of any plant or substance used by people at work must ensure that the plant or substance is safe and without risks to health when properly used.ch 6B, Parts 6B.2, 6B.3 (cll 175C–175E): Ins 2008 (271), Sch 1 [1].
Part 6B.4 Notification regarding operation of major hazard facilities and potential major hazard facilities
ch 6B, pt 6B.4: Ins 2008 (271), Sch 1 [1].
175EA Definition
In this Part, a hazard facility notification means a notification given under clause 175F or 175FA.cl 175EA: Ins 2010 (576), Sch 1 [1].
175F Notification by operators and intended operators of major hazard facilities and potential major hazard facilities
(1) A person who intends to be the operator of a major hazard facility or a potential major hazard facility must, within 3 months after the person forms the intention, notify WorkCover of the intention.Note—Clause 175L provides that an operator must not operate a major hazard facility unless the facility is registered or provisionally registered.Clause 175M provides that a notification under this clause is taken to be an application for the provisional registration of the facility.(2) WorkCover may, by notice in writing, require a person who, in WorkCover’s opinion, is the operator of a facility (whether or not it is a major hazard facility or a potential major hazard facility) to submit a notification to WorkCover within a period specified by WorkCover.(3) A person must comply with a requirement made by WorkCover under this clause.(4) (Repealed)(5) On receiving a notification under this clause, WorkCover is to send the person a written acknowledgement of the notification.(6) For the purposes of this clause, a person intends to be the operator of a major hazard facility or a potential major hazard facility if:(a) the person intends to be the operator of a major hazard facility or a potential major hazard facility that is:(i) designed but not constructed, or(ii) under construction, or(iii) constructed but not yet operational, or(b) the person is the operator of a facility (not being a major hazard facility or a potential major hazard facility) and intends to make alterations to the facility that will result in the facility becoming a major hazard facility or a potential major hazard facility, or(c) the person is the operator of a potential major hazard facility and intends to make alterations to the facility that will result in the facility becoming a major hazard facility.(7), (8) (Repealed)Maximum penalty (subclauses (1) and (3): Level 4.cl 175F: Ins 2008 (271), Sch 1 [1]. Am 2010 (576), Sch 1 [2]–[7].
175FA Notification by operators of potential major hazard facilities of material change
(1) A person who is the operator of a potential major hazard facility must notify WorkCover of any proposed material change to the facility.Maximum penalty: Level 4.Note—Clause 175L provides that an operator must not operate a major hazard facility unless the facility is registered or provisionally registered.(2) A notification under this clause must be given at least 10 days before the material change to the potential major hazard facility occurs.(3) On receiving a notification under this clause, WorkCover is to send the person a written acknowledgement of the notification.(4) In this clause, material change to a potential major hazard facility means any change, as a result of which:(a) a Schedule 8 material that was not included in the most recent hazard facility notification for the facility is present or likely to be present at the facility in a quantity that exceeds 10% of its threshold quantity, or(b) the aggregate quantity ratio of Schedule 8 materials present or likely to be present at the facility exceeds 0.7.cl 175FA: Ins 2010 (576), Sch 1 [8].
175G Content of hazard facility notification
A hazard facility notification must:(a) be in the approved form, and(b) if the notification is being given by a corporation, be signed by the chief executive officer of the corporation or another officer of the corporation authorised by the chief executive officer.cl 175G: Ins 2008 (271), Sch 1 [1]. Am 2010 (576), Sch 1 [9].
175H WorkCover may request further information
On request from WorkCover, a person who has given a hazard facility notification must provide, at any reasonable time specified by WorkCover, such further information relating to the facility concerned as WorkCover requests.Maximum penalty: Level 4.cl 175H: Ins 2008 (271), Sch 1 [1]. Am 2010 (576), Sch 1 [10].
175I Notification of change of operator of major hazard facility or potential major hazard facility
(1) If an operator of a major hazard facility or a potential major hazard facility is replaced by another person as an operator of the facility, both the former operator and the new operator of the facility must ensure that WorkCover is notified of that change.Maximum penalty: Level 4.(2) Notification under this clause must be given within one month after the former or new operator becomes aware, or should reasonably have been or become aware, of the circumstances giving rise to the obligation to notify.cll 175I: Ins 2008 (271), Sch 1 [1].
175J Notification assessment fee
(1) A person who provides WorkCover with a notification under this Part must pay to WorkCover a notification assessment fee in the amount (if any) specified by WorkCover.(2) WorkCover may specify different fee amounts (or no amount) for different types of notifications.cll 175J: Ins 2008 (271), Sch 1 [1].
Part 6B.5 WorkCover may determine potential major hazard facilities to be major hazard facilities
ch 6B, pt 6B.5 (cl 175K): Ins 2008 (271), Sch 1 [1].
175K WorkCover may determine a potential major hazard facility to be a major hazard facility
(1) WorkCover may determine that a potential major hazard facility is a major hazard facility if it is of the opinion that there is a potential for a major accident to occur at the facility.(2) WorkCover must not make a determination under this clause unless it has:(a) consulted with the operator of the potential major hazard facility concerned, and(b) given the operator reasons as to why it proposed to make the determination, and(c) given the operator a reasonable opportunity to make representation as to why the determination should not be made.(3) A determination under this clause does not take effect until written notice of it is given to the operator of the facility concerned.Note—An operator aggrieved by a decision to make a determination under this clause may apply to the Administrative Decisions Tribunal for a review of the decision—see clause 351 (1) (b1) (i).ch 6B, pt 6B.5 (cl 175K): Ins 2008 (271), Sch 1 [1].
Part 6B.6 Provisional registration and registration of major hazard facilities
ch 6B, pt 6B.6: Ins 2008 (271), Sch 1 [1].
Division 1 Major hazard facility must be registered
ch 6B, pt 6B.6, div 1 (cl 175L): Ins 2008 (271), Sch 1 [1].
175L Major hazard facility must be registered or provisionally registered
(1) An operator must not operate a major hazard facility unless the facility is registered or provisionally registered.Maximum penalty: Level 4.(2) This clause commences on 13 April 2009.ch 6B, pt 6B.6, div 1 (cl 175L): Ins 2008 (271), Sch 1 [1].
Division 2 Provisional registration
ch 6B, pt 6B.6, div 2: Ins 2008 (271), Sch 1 [1].
175M WorkCover may provisionally register major hazard facilities
(1) Subject to subclause (2), WorkCover may provisionally register a major hazard facility.(2) Without limiting the reasons for which provisional registration may be refused, WorkCover must refuse to provisionally register a major hazard facility if it is of the opinion that the following persons are not fit and proper persons to exercise control over the facility:(a) if the operator is an individual—the operator,(b) if the operator is a corporation—each director of the operator.(3) A notification under clause 175F in relation to a major hazard facility is taken, for the purposes of this Part, to be an application for the provisional registration of the facility.(4) A notification under clause 175F or 175FA in relation to a potential major hazard facility that, after the notification, was determined under clause 175K to be major hazard facility, is taken, for the purposes of this Part, to be an application for the provisional registration of the facility that was made on the date of that determination.Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to refuse to provisionally register a major hazard facility under this clause.cl 175M: Ins 2008 (271), Sch 1 [1]. Am 2010 (576), Sch 1 [11].
175N Duration of provisional registration
(1) Provisional registration of a major hazard facility continues in force for a period of 3 years (or such longer period as WorkCover may specify to the operator of the facility by notice in writing).(2) However, provisional registration is terminated by the following:(a) the facility becoming registered under Division 3,(b) the provisional registration being cancelled under Division 4.(3) A provisional registration has no effect while the provisional registration is suspended under Division 4.cll 175N–175P: Ins 2008 (271), Sch 1 [1].
175O Provisional registration subject to conditions
(1) Provisional registration of a major hazard facility is subject to:(a) the conditions set out in this Division, and(b) any general conditions applying to all provisionally registered major hazard facilities:(i) that are published in the Gazette by WorkCover from time to time, and(ii) notice of which has been given in writing to the operator by WorkCover, and(c) any conditions imposed on the provisional registration by WorkCover by notice in writing given to the operator.Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to impose a condition on the provisional registration of a major hazard facility under this paragraph.(2) An operator of a provisionally registered major hazard facility must comply with the conditions of that provisional registration.Maximum penalty: Level 4.cll 175N–175P: Ins 2008 (271), Sch 1 [1].
175P Conditions of provisional registration
Note—The provisional registration may be subject to other conditions under clause 175O (1) (b) and (c).(1) It is a condition of provisional registration of a major hazard facility that the operator of the facility must, within 6 months of the provisional registration or such longer period as WorkCover may allow, ensure that:(a) a plan for the preparation of a safety report for the facility (that complies with any requirements that are published in the Gazette by WorkCover from time to time) is prepared and submitted to WorkCover, and(b) provisional security arrangements (that comply with any requirements that are published in the Gazette by WorkCover from time to time) are prepared and implemented and details of those arrangements are submitted to WorkCover, and(c) when preparing provisional security arrangements:(i) details of those arrangements are provided to the Commissioner of Police, and(ii) regard is taken of any written advice received from the Commissioner of Police, and(d) provisional emergency arrangements (that comply with any requirements that are published in the Gazette by WorkCover from time to time) are prepared and implemented and details of those arrangements are submitted to WorkCover, and(e) when preparing the provisional emergency arrangements:(i) details of those arrangements are provided to:(A) the Commissioner of the New South Wales Fire Brigades, and(B) if the premises to which this clause applies are within a rural fire district within the meaning of the Rural Fires Act 1997—the NSW Rural Fire Service, and(ii) regard is taken of any written advice received from the Commissioner of the New South Wales Fire Brigades.(2) It is a condition of provisional registration of a major hazard facility that the operator of the facility must, within 12 months of the provisional registration or such longer period as WorkCover may allow, ensure that a security plan for the facility (that complies with any requirements that are published in the Gazette by WorkCover from time to time) is prepared and submitted to WorkCover and implemented.(3) It is a condition of provisional registration of a major hazard facility that the operator of the facility must, within 2 years of the provisional registration or such longer period as WorkCover may allow, ensure that an application under clause 175Q for registration of the facility is made.(4) It is a condition of provisional registration of a major hazard facility that the operator of the facility must ensure that, at the time or times specified by WorkCover, such fees are paid to WorkCover as are fixed for the time being by WorkCover to cover expenses in connection with the regulation of facilities under this Part.(5) WorkCover may fix different fee amounts (or no amount) for different types of provisionally registered facility.cll 175N–175P: Ins 2008 (271), Sch 1 [1].
Division 3 Registration of major hazard facilities
ch 6B, pt 6B.6, div 3: Ins 2008 (271), Sch 1 [1].
175Q Application for registration
(1) An operator of a major hazard facility may apply for the registration of the facility.(2) An application is to be made in writing to WorkCover and is to be:(a) in the approved form, and(b) accompanied by:(i) a fee in such amount as WorkCover determines as the appropriate amount to cover expenses in connection with the processing of applications for the registration of a major hazard facility, and(ii) such documents as WorkCover requires.ch 6B, pt 6B.6, div 4 (cll 175Q–175W)): Ins 2008 (271), Sch 1 [1].
175R WorkCover may register major hazard facilities
(1) Subject to subclause (3), WorkCover may register a major hazard facility.(2) Without limiting the reasons for which registration may be refused, WorkCover must refuse to register a major hazard facility if it is of the opinion that the following persons are not fit and proper persons to exercise control over the facility:(a) if the operator is an individual—the operator,(b) if the operator is a corporation—each director of the operator.(3) Without limiting the reasons for which registration may be refused, WorkCover must not register a major hazard facility unless it is satisfied that:(a) a safety management system for the facility (that complies with any requirements that are published in the Gazette by WorkCover from time to time) has been established and maintained, and(b) a security plan for the facility that complies with the following requirements has been submitted to WorkCover and has been implemented:(i) any requirements that are published in the Gazette by WorkCover from time to time,(ii) that in preparing the security plan:(A) a draft of the security plan was provided to the Commissioner of Police, and(B) regard was taken of any written advice received from the Commissioner of Police, andNote—The security plan submitted to WorkCover and implemented under clause 175P (2) may satisfy this requirement.(c) an emergency plan that complies with the following requirements has been submitted to WorkCover and been implemented:(i) any requirements that are published in the Gazette by WorkCover from time to time,(ii) that in preparing the emergency plan:(A) a draft of the emergency plan was provided to:(I) the Commissioner of the New South Wales Fire Brigades, and(II) if the facility is within a rural fire district within the meaning of the Rural Fires Act 1997—the NSW Rural Fire Service, and(B) regard was taken of any written advice received from the Commissioner of the New South Wales Fire Brigades, and(iii) that after the emergency plan was submitted to WorkCover, it was provided to:(A) the Commissioner of the New South Wales Fire Brigades, and(B) if the facility is within a rural fire district within the meaning of the Rural Fires Act 1997—the NSW Rural Fire Service, and(d) a safety report for the facility (that complies with any requirements that are published in the Gazette by WorkCover from time to time) has been submitted to WorkCover.Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to refuse to register a major hazard facility under this clause.ch 6B, pt 6B.6, div 4 (cll 175Q–175W)): Ins 2008 (271), Sch 1 [1].
175S Duration of registration
(1) Unless sooner suspended or cancelled, registration of a major hazard facility continues in force for a period of 5 years.(2) However, if an application for the renewal of the registration of a major hazard facility has been made to WorkCover before the registration’s expiry and the application has not been finally dealt with, the registration continues in force until WorkCover either renews the registration of the facility or refuses the renewal.ch 6B, pt 6B.6, div 4 (cll 175Q–175W)): Ins 2008 (271), Sch 1 [1].
175T Registration subject to conditions
(1) Registration of a major hazard facility is subject to:(a) the conditions set out in this Division, and(b) any general conditions applying to all registered major hazard facilities:(i) that are published in the Gazette by WorkCover from time to time, and(ii) notice of which has been given in writing to the operator by WorkCover, and(c) any conditions individually imposed on the registration by WorkCover by notice in writing.Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to impose a condition on the registration of a major hazard facility under this paragraph.(2) An operator of a registered major hazard facility must comply with the conditions of that registration.Maximum penalty: Level 4.ch 6B, pt 6B.6, div 4 (cll 175Q–175W)): Ins 2008 (271), Sch 1 [1].
175U Conditions of registration
Note—The registration may be subject to other conditions under clause 175T (1) (b) and (c).(1) It is a condition of registration of a major hazard facility that the operator of the facility must, at the time or times specified by WorkCover, ensure that such fees are paid to WorkCover as are fixed for the time being by WorkCover to cover expenses in connection with the regulation of facilities under this Part.(2) WorkCover may fix different fee amounts (or no amount) for different types of registered facility.ch 6B, pt 6B.6, div 4 (cll 175Q–175W)): Ins 2008 (271), Sch 1 [1].
175V Renewal of registration
(1) It is a condition of registration of a major hazard facility that the operator of the facility must ensure that an application for renewal of the registration of the facility is submitted to WorkCover at least 12 months before the expiry of the registration.(2) An operator is not required to comply with the condition set out in subclause (1) if the operator has notified WorkCover in writing that it will cease to operate the major hazard facility during that 12 month period.(3) An application for renewal of registration is to be made in writing to WorkCover and is to be:(a) in the approved form, and(b) accompanied by:(i) a fee in such amount as WorkCover determines as the appropriate amount to cover expenses in connection with the processing of applications for the renewal of registration of a major hazard facility, and(ii) such documents as WorkCover requires.(4) WorkCover may renew a registration of a major hazard facility.Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to renew a registration of a major hazard facility under this clause.ch 6B, pt 6B.6, div 4 (cll 175Q–175W)): Ins 2008 (271), Sch 1 [1].
Division 4 Provisions relating to both provisional registration and registration of major hazard facilities
ch 6B, pt 6B.6, div 4 (cll 175Q–175W)): Ins 2008 (271), Sch 1 [1].
175W Suspension and cancellation
(1) WorkCover may suspend or cancel the provisional registration or registration of a major hazard facility.Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to suspend or cancel provisional registration or registration of a major hazard facility under this clause.(2) Without limiting subclause (1), WorkCover may suspend or cancel the provisional registration or registration of a major hazard facility if it is satisfied that:(a) an operator of the facility has contravened a condition of the provisional registration or registration, or(b) an operator of the facility has contravened a provision of the Act or this Regulation, or(c) the provisional registration or registration was obtained on the basis of false or misleading information or the failure to disclose relevant information to WorkCover, or(d) a major accident at the facility is imminent, or(e) the safety management system, security plan, emergency plan or safety report for the facility is inadequate, or(f) any of the following persons is not a fit and proper person to exercise control over the facility:(i) if the operator is an individual—the operator,(ii) if the operator is a corporation—any director of the operator.ch 6B, pt 6B.6, div 4 (cll 175Q–175W)): Ins 2008 (271), Sch 1 [1].
Part 6B.7 Duties of employees at major hazard facilities
ch 6B, pt 6B.7 (cl 175X): Ins 2008 (271), Sch 1 [1].
175X Duties of employees at major hazard facilities
An employee at a major hazard facility must:(a) follow the operator’s procedures relating to the prevention and control of major accidents within the facility, and(b) follow the operator’s provisional emergency arrangements or emergency plan in the event of a major accident occurring or in the event of the emergency procedures being activated, and(c) inform the operator, as soon as is practicable, of any circumstance of any kind that he or she considers capable of leading to a major accident, and(d) without placing the employee or any other person at risk, take corrective action under those prevention and control and emergency procedures, consistent with the employee’s training, even if such corrective action could interrupt the operation of the facility, and(e) notify his or her supervisor of any corrective action taken.Maximum penalty: Level 4.ch 6B, pt 6B.7 (cl 175X): Ins 2008 (271), Sch 1 [1].
Part 6B.8 Miscellaneous
ch 6B, pt 6B.8: Ins 2008 (271), Sch 1 [1].
175Y Recording of major accidents, near misses and security breaches
(1) If a major accident or near miss happens at a major hazard facility, the operator of the facility must, as soon as practicable:(a) record the major accident or near miss, and(b) investigate the major accident or near miss and determine, so far as is possible, its cause or likely cause, and(c) record the results of that investigation and any such determination, and(d) consult with the employees at the facility on ways of avoiding major accidents and near misses in the future.(2) If a breach of security occurs at a major hazard facility, the operator of the facility must, as soon as practicable:(a) record the breach of security, and(b) investigate the breach of security and determine, so far as is possible, its cause or likely cause, and(c) record the results of that investigation and any such determination, and(d) consult with the employees at the facility on ways of preventing breaches of security in the future.(3) The operator must retain a record created under this clause while the major hazard facility continues to operate.Maximum penalty: Level 4.cll 175Y–175ZC: Ins 2008 (271), Sch 1 [1].
175Z Security
(1) Access systems and other security The operator of a major hazard facility must establish and maintain a system of security for, and controlled access to, the facility.(2) The system must, as far as practicable:(a) prevent access by unauthorised persons to the facility, and(b) prevent unauthorised actions at the facility, and(c) ensure that any element of the facility that could affect its safe operation (including security documents, computer hardware and software and boundary infrastructure) is secured.(3) Risk assessments and security When identifying the foreseeable hazards that arise from the operation of a major hazard facility that may lead to, or arise from, a major accident at the facility, the operator of the facility must identify the hazards that may be caused by a breach of security at the facility.(4) The operator of a major hazard facility must review a risk assessment, and any measures adopted to control the risk, relating to a hazard arising from a major accident caused by a breach of security at the facility whenever:(a) there is evidence that the risk assessment is no longer valid, or(b) a significant change is proposed in the facility or in work practices or procedures to which the risk assessment relates, orand, in any case, at least once every 2 years.(c) the Commissioner of Police has directed that such a review take place,(5) In carrying out such a risk assessment, the operator of the major hazard facility must take into account any advice received from the Commissioner of Police.Maximum penalty: Level 4.cll 175Y–175ZC: Ins 2008 (271), Sch 1 [1].
175ZA Informing, instructing and training employees
(1) The operator of a major hazard facility must provide the operator’s employees with such information, instruction and training in relation to:(a) all major accidents that could foreseeably occur at the facility, and(b) all hazards that could cause, or contribute to causing, those major accidents, and(c) the implementation of control measures to eliminate or control the risk of major accidents, and(d) the content and operation of any security plan for the facility generally, andas are necessary to enable the employees to perform their work (including the actions required of the employees under any security plan, emergency plan and any safety role developed for employees) in a manner that is safe and without risks to health.(e) the content and operation of any safety management system for the facility generally,(2) The operator must ensure that the information, instruction and training provided under this regulation are recorded, monitored, reviewed and revised in order for them to remain relevant and effective.Maximum penalty: Level 4.cll 175Y–175ZC: Ins 2008 (271), Sch 1 [1].
175ZB Non-employees at the facility
(1) The operator of a major hazard facility must ensure that any person other than an employee of the operator who enters the facility is, as soon as possible after the person enters:(a) informed about the hazards at the facility, and(b) instructed in the safety precautions the person should take while at the facility, and(c) instructed in the actions the person should take in the event of an emergency plan being activated while he or she is at the facility.(2) The information and instruction (and the timing of its provision) must be commensurate with the risk to health and safety concerned.Maximum penalty: Level 4.cll 175Y–175ZC: Ins 2008 (271), Sch 1 [1].
175ZC Operator to retain records of training
An operator of a major hazard facility must retain records in a suitable form of all training required by clause 13 and this Chapter to be provided to employees at the facility for at least 5 years after the date of creation of the record concerned.Maximum penalty: Level 1.cll 175Y–175ZC: Ins 2008 (271), Sch 1 [1].
175ZD Records
(1) Unless this Chapter provides otherwise, any document or other record required to be created by an operator of a major hazard facility under this Chapter is to be retained by the operator for at least 15 years after the date of its creation.Maximum penalty: Level 1.(2) Despite subclause (1), the operator of a major hazard facility must retain the following documents and records for at least 5 years after the date of the document or record’s creation:(a) a document or record relating to a plan for the preparation of a safety report for the facility prepared under clause 175P (1) (a),(b) a document or record relating to any provisional security arrangements prepared and implemented under clause 175P (1) (b),(c) a document or record relating to any provisional emergency arrangements prepared and implemented under clause 175P (1) (d).Maximum penalty: Level 1.(3) A person who has given WorkCover a notification under clause 175F or 175FA must retain any documents and records relating to that notification for at least 5 years after the date of the document or record’s creation.Maximum penalty: Level 1.(4) A person who is required to keep documents or records under this clause must make those documents or records 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.(5) In this clause:means an authorised representative within the meaning of Division 3 of Part 5 of the Act who is exercising functions under that Division.cl 175ZD: Ins 2008 (271), Sch 1 [1]. Am 2010 (576), Sch 1 [12].
175ZE Providing relevant information to other authorities
(1) WorkCover may give in the course of its administration of this Chapter any information it has obtained in the course of that administration to other government departments, relevant local government councils and the emergency services (whether of this State or of the Commonwealth, another State or a Territory).(2) In this clause, emergency service includes the Roads and Traffic Authority.cll 175ZE: Ins 2008 (271), Sch 1 [1].
175ZF Co-ordination of plans and reports
(1) WorkCover may direct operators of different major hazard facilities to co-ordinate the preparation of any plan, report or other document.(2) In order to comply with a direction under subclause (1) relating to health and safety, an operator who is the subject of such a direction must provide to the other operators subject to the direction information concerning any circumstances at the operator’s facility that could constitute a hazard in relation to the other operators’ facilities.Maximum penalty: Level 4.cll 175ZF: Ins 2008 (271), Sch 1 [1].
Chapter 7 Hazardous processes
Note—
This Chapter imposes obligations on an employer. Employer, for the purposes of this Chapter, includes self-employed persons (see clause 3).
Chapter 2 (Places of work—risk management and other matters) contains further obligations in relation to the provision of personal protective equipment, emergency arrangements and first aid facilities by employers.
Part 5.4 (Working with plant) contains provisions in relation to the maintenance and repair of plant.
Part 6.4 (Use of hazardous substances) contains further obligations in relation to the use of hazardous substances at places of work.
Part 7.1 Spray painting
176 Definitions
In this Part:electrostatic spray painting means spray painting using an electrically-charged spray painting substance.spray booth means a structure that is designed to:(a) enclose or otherwise accommodate articles being spray painted, and(b) control hazards of dust, mist, aerosols, fumes or flammable vapours generated by spray painting by use of appropriate exhaust ventilation, andbeing a structure that is used only for the purpose of spray painting.(c) provide for the prevention of ignition sources,spray painting means the process of spraying a spray painting substance that has been converted into a mist or aerosol onto a surface, whether for decoration, preservation, insulation or otherwise.spray painting substance means a substance used in spray painting and includes, but is not limited to, paints, powders, lacquers, paint removers, rust converters and removers, surface preparation and removers, surface preparation products, resins, solvents and thinners.cl 176 (previously cl 175): Renumbered 2008 (271), Sch 1 [2].
176A Application
This Part applies in addition to the other provisions of this Regulation.Note—In particular, see clause 164 (Use of hazardous substances) which prohibits the use of certain hazardous substances in spray painting and clause 165 (Employer to provide health surveillance) which requires employers to provide health surveillance if there is a risk to health through exposure to hazardous substances.cl 176A (previously cl 176): Renumbered 2008 (271), Sch 1 [2].
177 Spray painting in spray booths—particular risk control measures
An employer must ensure that:(a) spray painting is carried out in a spray booth, and(b) no persons (other than persons required to be in the spray booth as part of the spraying process) are in a spray booth during spray painting, and(c) any persons in a spray booth during spray painting are wearing appropriate personal protective equipment.Maximum penalty: Level 3.Note—See clause 51 (Atmospheric contaminants—particular risk control measures) for prohibition of exposure to atmospheric contaminants above specified exposure levels.
178 Spray painting outside spray booths—particular risk control measures
(1) This clause applies to spray painting other than spray painting carried out in a spray booth.Note—Despite clause 177 (a), an employer may carry out spray painting other than in a spray booth if compliance with that clause is not reasonably practicable (see clause 6A).(2) An employer must ensure that spray painting to which this clause applies:(a) is carried out in the open air at least 6 metres from every building and from every other thing that might obstruct ventilation, and(b) is effectively isolated from every other process in which persons are employed and that is within 6 metres (measured in any direction) from the place at which the spray painting substance is being applied, and(c) is effectively isolated from all plant, machinery and equipment that is, or may become, a source of ignition and that is within 2 metres, measured vertically above, and 6 metres, measured in other directions, from the place at which the spray painting substance is being applied.(3) If it is not reasonably practicable for an employer to ensure that the spray painting is carried out in the open air as required by subclause (2) (a), the employer must ensure that:(a) the place where the spray painting is carried out is adequately ventilated (by natural or mechanical ventilation), and(b) the spray painting is effectively isolated in accordance with subclause (2) (b) and (c).(4) For the purposes of this clause, spray painting is not effectively isolated:(a) from another process if a substance from the spray painting can be inhaled by a person engaged in the other process, or(b) from plant, machinery or equipment if there is a risk that a substance from the spray painting will be ignited by a source of ignition from or associated with the plant, machinery or equipment.(5) An employer must ensure that persons carrying out spray painting to which this clause applies are wearing appropriate personal protective equipment.Maximum penalty: Level 3.cl 178: Am 2011 No 11, Sch 2 [3] [4].
179 Electrostatic spray painting—particular risk control measures
(1) An employer must ensure that equipment used to carry out electrostatic spray painting is provided with automatic controls that will, if any conveyor carrying articles through the high voltage electric field stops:(a) disconnect the power supply to any high voltage transformer used in the process, and(b) give a warning of the stoppage.(2) An employer must ensure that, if electrostatic spray painting is carried out using a hand-held device, the following items are effectively earthed:(a) the handle of the device,(b) the articles being painted,(c) if the painting is carried out in a spray booth:(i) all metal work of the booth, and(ii) all metal articles inside the booth or within 2 metres of the booth.(3) An employer must ensure that a clearly legible warning notice bearing the words “DANGER—HIGH VOLTAGE” is exhibited in a clearly visible position on equipment used to carry out electrostatic spray painting.(4) An employer must ensure that equipment used to carry out electrostatic spray painting cannot be used unless the exhaust system is in operation.Maximum penalty: Level 3.
Part 7.2 Abrasive blasting
180 Definitions
In this Part:abrasive blasting means the process of cleaning, smoothing, roughening, cutting, preparing or removing the surface, or part of the surface, of any article or building by means of blasting, blowing, throwing or otherwise propelling an abrasive substance against the article or building, including the propelling of an abrasive substance by means of blasting steam or water at a high pressure.abrasive blasting enclosure means a structure that is designed to:(a) enclose or otherwise accommodate articles being abrasive blasted, and(b) isolate or minimise hazards of dusts or debris generated by abrasive blasting, and(c) provide for the prevention of ignition sources, andbeing a structure that is used only for the purpose of abrasive blasting.(d) safely filter and discharge any exhaust ventilation to a suitable point outside the workplace,abrasive substance means any substance used as an abrasive for the purpose of abrasive blasting.
181 Application
This Part applies in addition to the other provisions of this Regulation.
182 Abrasive blasting—particular risk control measures
(1) An employer must ensure that:(a) abrasive blasting is carried out in an abrasive blasting enclosure if reasonably practicable, and(b) no persons (other than persons required to be in the abrasive blasting enclosure as part of the blasting process) are in an abrasive blasting enclosure during abrasive blasting, and(c) any persons in an abrasive blasting enclosure during abrasive blasting are wearing appropriate personal protective equipment.(2) If it is not reasonably practicable to carry out abrasive blasting in an abrasive blasting enclosure, an employer must ensure that:(a) any area exposed to dust is minimised, and(b) adequate signs to warn of the hazards of the blasting are provided, and(c) persons not carrying out the blasting are not permitted to enter an area in which there is a risk of exposure to atmospheric contaminants, and(d) persons carrying out the blasting are wearing appropriate personal protective equipment.Maximum penalty: Level 3.
183 Supply of respirators and personal protective equipment
(1) An employer must ensure that persons who are carrying out abrasive blasting and who may be exposed to atmospheric contaminants arising from the blasting are provided with an air supplied respirator if the persons may be exposed to atmospheric contaminants exceeding the appropriate exposure standard referred to in clause 51 (Atmospheric contaminants—particular risk control measures).(2) An employer must ensure that other persons (including those carrying out maintenance or repair work on abrasive blasting equipment) who may be exposed to atmospheric contaminants arising from abrasive blasting are provided with appropriate personal protective equipment if the persons may be exposed to atmospheric contaminants exceeding the appropriate exposure standard referred to in clause 51.Maximum penalty: Level 3.Note—Also see clause 15 (Provision by an employer of personal protective equipment).
184 Control of substances used in abrasive blasting
An employer must ensure that substances that may result in the exposure of persons to atmospheric contaminants exceeding the appropriate exposure standard referred to in clause 51 are not used for the purpose of abrasive blasting.Maximum penalty: Level 3.
Part 7.3 Welding
185 Definition
In this Part:welding includes any metal welding or similar process, such as fusion welding (including arc welding, gas welding and laser beam welding), spot welding, braze welding and thermal cutting (including oxygen and plasma cutting).
186 Application
This Part applies in addition to the other provisions of this Regulation.
187 Exposure to atmospheric contaminants and other hazards—particular risk control measures
(1) An employer must ensure that exposure of persons to atmospheric contaminants arising from welding, including fumes, gases and vapours emitted from materials consumed during welding and from materials being welded, is controlled by use of one or more of the following measures (in descending order of priority):(a) substituting a less hazardous process, material or procedure,(b) using appropriate ventilation.(2) An employer must ensure that persons directly involved in welding are wearing appropriate personal protective equipment.(3) An employer must ensure that adequate signs to warn of the hazards are provided at or near any area in which there is a risk of exposure of persons to hazards arising from welding.Maximum penalty: Level 3.
188 Supply of respirators
An employer must ensure that any person who may be exposed to atmospheric contaminants arising from welding, including fumes, vapours or gases emitted from materials consumed during welding and from materials being welded, is provided with suitable respiratory protection if the person may be exposed to atmospheric contaminants exceeding the appropriate exposure standard referred to in clause 51 (Atmospheric contaminants—particular risk control measures).Maximum penalty: Level 3.Note—Also see clause 15 (Provision by an employer of personal protective equipment).
189 Ultraviolet radiation—particular risk control measures
An employer must ensure that risks associated with exposure of persons to harmful levels of ultraviolet radiation at or near the site of welding are controlled by use of the following measures (in descending order of priority):(a) using appropriate screens to provide protection from ultraviolet radiation,(b) ensuring that persons required to be in an area in which there is a risk of exposure to ultraviolet radiation are wearing appropriate protective equipment,(c) ensuring that persons who are not carrying out welding are not permitted to enter an area in which there is a risk of exposure to ultraviolet radiation and that adequate signs to warn of the hazards are provided.Maximum penalty: Level 3.
Part 7.4 Electroplating
190 Definition
In this Part:electroplating means the process of applying a deposit of metal onto an article, or any part of an article, by electrolytic means, including the ancillary process of polishing, brightening or cleaning the article by electrolytic or chemical means.
191 Application
This Part applies in addition to the other provisions of this Regulation.
192 Exposure to atmospheric contaminants and other hazards—particular risk control measures
(1) An employer must ensure that exposure of persons to atmospheric contaminants arising from electroplating is controlled by use of one or more of the following measures (in descending order of priority):(a) substituting a less hazardous process, material or procedure,(b) using appropriate ventilation or fume suppressants, or both.(2) An employer must ensure that, if the persons exposed to atmospheric contaminants arising from electroplating are persons involved in the cleaning or maintenance of equipment used in electroplating, the exposure is controlled by using appropriate ventilation and the provision of appropriate personal protective equipment.(3) An employer must ensure that adequate provision is made to minimise the consequences of dangerous spills or splashes arising from electroplating by the supply, appropriate to the level of risk, of spill kits, safety showers, eye wash and personal protective equipment for splash protection.(4) An employer must ensure that adequate signs to warn of the hazards are provided at or near any area in which there is a risk of exposure of persons to hazards arising from electroplating.(5) An employer must ensure that persons who are not carrying out electroplating are not permitted to enter an area in which there is a risk of exposure to hazards arising from electroplating.Maximum penalty: Level 3.
193 Labelling of containers
An employer must ensure that every container of a substance (whether hazardous or not) used in electroplating is clearly labelled with the name of the substance at all times.Maximum penalty: Level 3.Note—This clause is in addition to clauses 156 (Supplier to ensure hazardous substances are labelled) and 163 (Employer to ensure containers are labelled) (to the extent that those clauses apply to the containers referred to in the clause).
194 Cyanide—particular risk control measures
An employer must ensure that any electroplating process involving cyanide complies with the following:(a) containers of corrosives involved in the process must be separated from any container of cyanide by at least one water rinse tank,(b) cyanide not being used in the process must be kept in containers that are stored in a manner that prevents them from coming into contact with a liquid,(c) containers of corrosives not directly involved in the process must not be kept in a storage area in which cyanide is kept,(d) a person is available to provide first aid in the case of cyanide poisoning and an emergency kit suitable for treating cyanide poisoning, together with an appropriate respirator, is provided in a suitable location for use by that person,(e) a notice with respect to the treatment of persons for cyanide poisoning is exhibited in a suitable location where cyanide is used or stored.Maximum penalty: Level 3.
Part 7.5 Molten metal
195 Definitions
In this Part:molten metal work means any work process in which metals are melted, poured and moulded.
196 Application
This Part applies in addition to the other provisions of this Regulation.
197 Atmospheric contaminants and other hazards—particular risk control measures
(1) An employer must ensure that exposure of persons to atmospheric contaminants from molten metal work, including toxic or noxious fumes, dust or gases emitted during the melting, pouring and moulding processes, is controlled by use of the following measures (in descending order of priority):(a) isolation of the work,(b) installation of extractive ventilation or measures of equivalent effectiveness.(2) An employer must ensure that persons directly involved in molten metal work are wearing appropriate personal protective equipment (including, where appropriate, respiratory equipment and equipment for protection against impact, radiation or heat).(3) An employer must ensure that adequate signs to warn of the hazards are provided at or near any area in which there is a risk of exposure of persons to hazards arising from molten metal work.(4) An employer must ensure that persons who are not carrying out molten metal work are not permitted to enter any area in which there is a risk of exposure to hazards arising from molten metal work.Maximum penalty: Level 3.
198 Exposure to radiation—particular risk control measures
An employer must ensure that exposure of persons to heat and infra-red and ultra-violet radiation generated by molten metal work is controlled by use of the following measures (in descending order of priority):(a) isolation of the heat or radiation generating process from the work space,(b) shielding the persons concerned from the heat or radiation.Maximum penalty: Level 3.
Part 7.6 Lead processes and lead risk work
199 Definitions
In this Part:blood lead level means the concentration in whole blood expressed in micromoles per litre (µmol/L) or micrograms per decilitre (µg/dL).lead means lead metal, inorganic lead compounds and lead salts of organic acids.lead process means any one of the following processes:(a) any work that exposes a person to lead dust in air or lead fumes arising from the manufacture or handling of a dry lead compound, except galena (lead sulphide) when its character or composition remains unchanged,(b) any work connected with the manufacture, assembly, handling or repair of, or parts of, electric accumulators (batteries) that involves the manipulation of dry lead compounds, pasting or casting lead,(c) breaking up or dismantling of lead accumulators and the sorting, packing and handling of plates or other parts containing lead removed or recovered from those accumulators,(d) spraying with molten lead, alloys or lead paint containing more than 5 per cent by weight of lead,(e) melting or casting of lead alloys containing more than 5 per cent by weight of lead in which the temperature of the molten material is more than 450 degrees Celsius,(f) recovery of lead from its ores, oxides or other compounds by a thermal reduction process,(g) dry machine grinding, discing, buffing or cutting by power tools of lead or alloy containing more than 5 per cent by weight of lead,(h) machine sanding or buffing of surfaces coated with paint containing more than one per cent by dry weight of lead,(i) any process by which electric arc, oxy-acetylene, oxy gas, plasma arc or a flame is applied, for the purposes of welding, cutting or cleaning, to the surface of any metal that is coated with lead or paint containing more than one per cent by dry weight of lead,(j) radiator repairs if exposure to lead dust or fumes may occur,(k) fire assay if lead is used,(l) melting of lead or alloy containing more than 50 per cent lead by weight if the exposed surface area of the molten material is more than 0.1 square metres and the temperature of the molten material exceeds 450 degrees Celsius.lead risk work means a lead process or a work activity or sequence of activities at a specific area within a place of work in which the blood lead level of an employee might reasonably be expected to rise or does rise above 1.45 µmol/L (30 µg/dL).
200 Application
This Part applies in addition to the other provisions of this Regulation.Note—In particular, note that the provisions of Part 6.4 apply to the use of all hazardous substances (including lead) at work and, among other things, require employers to provide health surveillance for employees if there is a risk to health resulting from exposure to a hazardous substance. Those provisions apply whether or not the use constitutes a lead process or lead risk work for the purposes of this Part. Also note that clause 345 requires persons to give WorkCover notice of any proposed lead risk work.
201 Employer to control risks from lead
(1) An employer at a place of work at which a lead process is carried out must ensure that contamination by lead is confined to the area in which the lead process is carried out (a lead process area) and that lead contamination of the surrounding environment does not occur.Maximum penalty: Level 4.(2) An employer must ensure that:(a) a lead process area is kept as clean as is practicable, and(b) compressed air, compressed gas or dry sweeping cleaning methods are not used in a lead process area, and(c) no employee eats, drinks, chews gum, smokes or carries smoking materials in a lead process area, and(d) any eating or drinking facilities provided at the workplace cannot be contaminated with lead, and(e) employees working in a lead process area wear appropriate personal protective equipment, and(f) changing rooms and washing, showering and toilet facilities appropriate to the lead process carried out are provided and maintained in good working order, and(g) employees remove clothing and equipment contaminated with lead, and wash their hands and faces, before entering an area provided at the workplace for eating and drinking.Maximum penalty: Level 3.(3) An employer must arrange for the laundering of protective work clothing that may have been contaminated by lead.Maximum penalty (subclause (3)): Level 2.
202 Biological monitoring and health surveillance
(1) In the case of lead risk work, any biological monitoring required to be performed under Part 6.4 must consist of the measurement of lead in whole blood or packed red cells, sampled as capillary or venous blood (as appropriate) and related measurements, as required.(2) In the case of lead risk work, health surveillance (additional to that required to be performed under Part 6.4) must be performed:(a) in relation to an employee who is carrying out lead risk work at 1 September 2001—as soon as practicable after that date, or(b) in relation to an employee who commences lead risk work after 1 September 2001:(i) before the employee commences the work (except biological monitoring), and(ii) within one month of the commencement of the work, and(iii) as soon as practicable after 2 months of the commencement of the work, and(iv) as soon as practicable after 6 months of the commencement of the work.(3) In the case of lead risk work, the biological monitoring required to be performed under Part 6.4 and subclause (1) must be performed at the following intervals:(a) for females of reproductive capacity:(i) within 3 months of the last biological monitoring if the result of that last monitoring shows a blood lead level of less than 0.48 µmol/L (10 µg/dL), or(ii) within 6 weeks of the last biological monitoring if the result of the last monitoring shows a blood lead level result of 0.48 µmol/L (10 µg/dL) or more,(b) for females not of reproductive capacity and males:(i) within 6 months of the last biological monitoring if the result of the last monitoring shows a blood lead level result of less than 1.45 µmol/L (30 µg/dL), or(ii) within 3 months of the last biological monitoring if the result of the last monitoring shows a blood lead level of 1.45 µmol/L (30 µg/dL) or more but less than 1.93 µmol/L (40 µg/dL), or(iii) within 6 weeks of the last biological monitoring if the result of the last monitoring shows a blood lead level of 1.93 µmol/L (40 µg/dL) or more.Maximum penalty: Level 4.cl 202: Am 2008 (193), Sch 2 [24] [25].
203 Employer to remove certain employees from lead risk work
(1) An employer must ensure that an employee ceases to carry out lead risk work if the employer or employee considers that the employee has received an excessive exposure to lead in the workplace and the results of biological monitoring on the employee show the confirmed blood lead level of the employee as:(a) 0.72 µmol/L (15 µg/dL) or more for females who are pregnant or breast feeding, or(b) 0.97 µmol/L (20 µg/dL) or more for other females of reproductive capacity, or(c) 2.41 µmol/L (50 µg/dL) or more for females not of reproductive capacity and males.(2) An employer must ensure that an employee referred to in subclause (1) receives a medical examination by an authorised medical practitioner within 7 days of the employer determining that the employee should cease carrying out lead risk work.(3) An employer must ensure that an employee referred to in subclause (1) does not carry out lead risk work until:(a) the employee’s confirmed blood lead level is less than:(i) 0.48 µmol/L (10 µg/dL) for females of reproductive capacity, or(ii) 1.93 µmol/L (40 µg/dL) for females not of reproductive capacity and males, and(b) the employee is certified as fit to return to lead risk work by an authorised medical practitioner.(4) An employer must keep a record that includes the following particulars:(a) the date on which an employee ceased to carry out lead risk work in accordance with this clause and the date on which the employee recommenced such work,(b) the name, sex and date of birth of the employee.Note—The record must be retained for at least 5 years. See clause 171.(5) In this clause:confirmed blood lead level means the concentration of lead in venous whole blood.Maximum penalty: Level 4.
204 Pregnant or breastfeeding employee to advise employer
An employee employed to carry out lead risk work who:(a) knows she is pregnant, ormust advise her employer of that fact as soon as practicable.(b) is breast feeding,Maximum penalty: Level 2.Note—See also clause 28 for obligation of employee to notify employer of any matter that may affect employer’s obligations under this Regulation.
Part 7.7 Electrical work
Note—
See also Division 3 of Part 4.2 (Electricity—duties of controllers of premises) and Division 8 of Part 4.3 (Electricity—duties of employers).
205 Definitions
In this Part:electrical installation has the same meaning as in Chapter 4.safe work method statement means a statement that:(a) describes how work is to be carried out, and(b) identifies the work activities assessed as having safety risks, and(c) identifies the safety risks, andand includes a description of the equipment used in the work, the standards or codes to be complied with, the qualifications of the personnel doing the work and the training required to do the work.(d) describes the control measures that will be applied to the work activities,Note—See Chapter 2 for provisions relating to the identification, assessment and control of risks.cl 205: Am 20.8.2004.
206 Application
This Part applies in addition to the other provisions of this Regulation.
207 Electrical work on electrical installations—safety measures
(1) An employer must ensure that any electrical work on an electrical installation at a place of work is carried out using a safe system of work.(2) An employer must ensure that such work is not carried out while the circuits and apparatus of the part of the installation that is being worked on are energised.(3) The safe system of work must include:(a) checks to ensure that the circuits and apparatus of the part of the installation that is being worked on are not energised before work commences and remain that way until the work is completed, and(b) measures to eliminate or control the risk of the person carrying out the work inadvertently contacting any part of the installation that remains energised.(4) Despite subclause (2), electrical work on an electrical installation may be carried out while the circuits and apparatus of the part of the installation that is being worked on are energised if it is necessary to do so in the interests of safety and the risk of harm would be greater if the circuits and apparatus were de-energised before work commenced. In these circumstances the employer must ensure that:(a) before the work is commenced, a written risk assessment has been completed in respect of the work in consultation with the persons proposing to do the work, and(b) the work is carried out in accordance with a safe work method statement for the work, and(c) the work has been authorised by the person in control of the premises, and(d) the persons doing the work are appropriately qualified, trained and instructed in safe work practices for the particular task, including the proper use of test equipment, tools, accessories and personal protective equipment, and(e) appropriate test equipment and tools and accessories are provided to the persons doing the work, are properly used and are well maintained, and(f) appropriate clothing and personal protective equipment for the work are provided to the persons doing the work and are properly worn and used, and(g) the isolation point of the relevant electrical supply has been clearly identified and is able to be reached and operated quickly without any need to negotiate or remove obstacles, and(h) the work area is clear of obstruction so as to enable entry and exit quickly and safely, and(i) unauthorised persons are prevented from entering the work area by signage or barriers, or both, and(j) the work is undertaken in the presence of a safety observer who is competent to perform the particular task that is to be carried out and is competent in electrical rescue and cardio-pulmonary resuscitation, and(k) in the case of electrical work at a mining workplace or coal workplace, notice is given of the proposed work, at least 7 days before the work commences, to an inspector appointed in relation to the mining workplace or coal workplace.(5) This clause does not apply to electrical work carried out under a plan required to be lodged under the Electricity Supply (Safety and Network Management) Regulation 2002 or to electrical testing referred to in clause 208.Maximum penalty: Level 4.cl 207: Am 20.8.2004; 2008 (193), Sch 1 [110].
208 Electrical testing on electrical installations—safety measures
(1) An employer must ensure that persons conducting tests for the integrity and operability of energised circuits and apparatus of an electrical installation at a place of work conduct the tests in a safe manner.(2) Without limiting the generality of subclause (1), the employer must ensure that:(a) a safe system of work is used that includes:(i) a risk assessment in respect of the tests, and(ii) measures to eliminate or control the risk of the persons conducting the tests inadvertently contacting any part of the installation that is energised (including safe work practices to minimise the risk of inadvertent contact, if the risk cannot be eliminated), and(b) appropriate test equipment is provided and properly used by appropriately trained persons, and(c) appropriate personal protective equipment is provided and used by the persons conducting the tests, and(d) if necessary to minimise a risk identified by the risk assessment, the tests are conducted in the presence of a safety observer who is competent to assist the persons who are conducting the tests and who is competent in electrical rescue and cardio-pulmonary resuscitation.Maximum penalty: Level 4.cl 208: Subst 20.8.2004.
Chapter 8 Construction work
Note—
This Part imposes obligations on an employer. Employer, for the purposes of this Chapter, includes self-employed persons (see clause 3).
Part 8.1 Preliminary
209 Definitions
In this Chapter:construction site means the site of construction work (either in progress or suspended).falling objects means objects (including materials, debris, tools and equipment) that fall or rebound during construction work.formwork means the surface, supports and framing used to define the shape of concrete until it becomes self-supporting.high risk construction work means any of the following:(a) construction work involving structural alterations that require temporary support,(b) construction work at a height above 3 metres,(c) construction work involving excavation to a depth greater than 1.5 metres,(d) demolition work for which a licence is not required under Chapter 10 to carry on the business of that work,(e) construction work in tunnels,(f) construction work involving the use of explosives,(g) construction work near traffic or mobile plant,(h) construction work in or around gas or electrical installations,(i) construction work over or adjacent to water where there is a risk of drowning.overhead protective structure means an overhead structure designed to protect:(a) persons at a construction site, or(b) public places or other property (or persons on public places or other property) adjoining a construction site.principal contractor, in relation to construction work (or a construction project involving construction work), means a person who is, under clause 210, for the time being appointed or taken to be the principal contractor for the construction work.qualified engineer for a task means a person qualified for member grade of the Australian Institution of Engineers, having not less than 4 years post-qualification professional engineering experience in that task.structural frames includes steelwork, post-tensioning and pre-cast concrete, timber or masonry frames of any part of a building or structure.
210 Appointment of principal contractor
(1) This clause applies to any place of work at which:(a) construction work is undertaken and the cost of the work exceeds $250,000, or(b) high risk construction work is undertaken and the cost of the work does not exceed $250,000, or(c) demolition work or asbestos removal work for which a licence is required under Chapter 10 to carry on the business of that work is undertaken (regardless of the cost of the work).(1A) Despite subclause (1), this clause does not apply to the following places of work at which the work referred to in the subclause is undertaken:(a) a mining workplace that is a mine for which there is an operator nominated under the Mine Health and Safety Act 2004, or(b) a coal workplace for which there is an operator nominated under the Coal Mine Health and Safety Act 2002.(2) An owner of a place of work to which this clause applies must:(a) appoint a principal contractor for the construction work carried out by or on behalf of the owner, and(b) authorise the principal contractor who is appointed to exercise such authority of the owner as is necessary to enable the principal contractor to discharge the responsibilities imposed on a principal contractor by this Part.(3) A person cannot be appointed as a principal contractor unless the person is responsible for the construction work at all times until the work is completed.(4) If a principal contractor is not appointed in relation to demolition work or asbestos removal work referred to in subclause (1) (c), the employer carrying out that work is taken to be the principal contractor for the work.(5) Nothing in this clause prevents an owner from appointing itself as the principal contractor for the construction work.(6) Subject to subclause (4), if an owner does not appoint a principal contractor for the construction work, the owner is taken to be the principal contractor for the construction work.(7) An owner must ensure that signs, that are clearly visible from outside the site and on which the name and contact telephone numbers (including an after hours emergency telephone number) of the principal contractor are stated, are placed on each construction site.(8) In this clause:owner has the same meaning as in the Local Government Act 1993.Maximum penalty: Level 4.cl 210: Am 2008 (193), Sch 1 [111] [112].
211 Cost of construction work
For the purposes of this Chapter, the cost of any construction work is:(a) the cost of the work as assessed for the purposes of the payment of any fee for approval to carry out the work under the Environmental Planning and Assessment Act 1979, or(b) if there is no such cost assessed, the contract price for carrying out the work, or(c) if there is no such contract price, the value of the work carried out.
Part 8.2 OHS induction training—construction work
Note—
This Part imposes obligations on principal contractors and employers to ensure that occupational health and safety induction training has been undertaken by construction workers and requires self-employed construction workers to undertake such training. The provisions apply with respect to all construction work.
212 Definitions
In this Part:Code of Practice means the National Code of Practice for Induction for Construction Work (May 2007) prepared by the Commonwealth, as in force from time to time.construction project means a project involving construction work.general induction training means training that covers the relevant health and safety topics set out in the Code of Practice.OHS construction induction training card means:(a) a card issued to a person under clause 220A whom WorkCover is satisfied has completed the general induction training referred to in clause 216 (1) (a), or(b) a card issued to a person who has completed equivalent training in another jurisdiction, or(c) an equivalent card or certificate (however described) obtained in another State or in a Territory.OHS induction training has the meaning given by clause 216.registered training organisation or RTO means a training organisation registered by a State or Territory registering body.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.statement of OHS induction training means a statement issued under clause 220.cl 212: Am 19.3.2004; 2005 No 100, Sch 3.11 [2]; 2008 (193), Sch 2 [26]; 2009 (443), Sch 1 [1] [2].
212A Application to mining workplaces and coal workplaces
A person is not required to undertake general induction training, or to ensure that such training is undertaken in relation to a person carrying on construction work at a mining workplace that is a mine, or at a coal workplace if:(a) the person carrying on construction work is not principally or regularly engaged in construction work at that workplace, and(b) an operator has been nominated for the mine under the Mine Health and Safety Act 2004 or for the coal workplace under the Coal Mine Health and Safety Act 2002, and(c) the person carrying on construction work has been provided with site induction training that:(i) covers the relevant health and safety topics set out in the Code of Practice that the person would otherwise have been provided with if the person had completed general induction training, and(ii) relates to the particular site at which the construction work is to be carried out.cl 212A: Ins 2008 (193), Sch 1 [113]. Am 2009 (443), Sch 1 [3] [4].
213 Principal contractors to ensure that OHS induction training undertaken
(1) A principal contractor for a construction project must not direct or allow another person to carry out construction work on the construction project unless the principal contractor is satisfied that the person has undergone OHS induction training.(1A) The only evidence on the basis of which a principal contractor may be satisfied that a person has completed the general induction training is production by the person of a current OHS construction induction training card.(1B) (Repealed)(2) A principal contractor for a construction project must:(a) identify any change in the construction site, and in the activities performed by each person carrying out construction work at the construction site, that might affect the health or safety of any person on the construction site, and(b) if any such change is identified, ensure that each person carrying out construction work at the construction site undergoes such OHS induction training referred to in clause 216 (1) (b) or (c) as is necessary to enable the person to carry out that work safely despite the change.Maximum penalty: Level 3.cl 213: Am 19.3.2004; 2006 (197), cl 2; 2006 (521), Sch 1 [1]; 2009 (443), Sch 1 [5] [6].
214 Employers to ensure OHS induction training undertaken
(1) An employer must ensure that any employee whom the employer employs to carry out construction work has been provided with the OHS induction training required to be undertaken by the employee in accordance with this Part.(1A) The only evidence on the basis of which an employer may be satisfied that an employee has completed the general induction training is production by the employee of a current OHS construction induction training card.(1B) (Repealed)(2) An employer must not direct or allow an employee to carry out construction work unless the employer is satisfied that the employee has undergone OHS induction training.(3) An employer who employs any employee to carry out construction work must:(a) identify any change in the construction site, and in the activities performed by each employee carrying out construction work at the construction site, that might affect the health or safety of any person on the construction site, and(b) if any such change is identified, ensure that each employee carrying out construction work at the construction site undergoes such OHS induction training referred to in clause 216 (1) (b) or (c) as is necessary to enable the employee to carry out that work safely despite the change.Maximum penalty: Level 3.Note—Section 22 of the Act provides that an employer must not impose a charge on an employee in respect of anything done or provided in pursuance of any specific requirement made by or under the Act.cl 214: Am 19.3.2004; 2006 (197), cl 2; 2006 (521), Sch 1 [2]; 2009 (443), Sch 1 [6] [7].
215 Self-employed persons to undergo OHS induction training
(1) A self-employed person must not carry out construction work unless the person has undergone OHS induction training.(2) A self-employed person carrying out construction work must:(a) identify any change in the construction site, and in the activities performed by the person at the construction site, that might affect the health or safety of any person on the construction site, and(b) if any such change is identified, undergo such OHS induction training referred to in clause 216 (1) (b) or (c) as is necessary to enable the person to carry out that work safely despite the change.Maximum penalty: Level 3.
215A Holder of OHS construction induction training card to produce card
(1) An inspector may direct a person carrying out construction work to produce for inspection immediately:(a) the person’s OHS construction induction training card, and(b) a sample of the person’s usual signature.(2) A person to whom such a direction is given must not fail to comply with the direction.Maximum penalty: Level 1.(3) (Repealed)cl 215A: Ins 19.3.2004. Am 2006 (197), cl 2; 2006 (521), Sch 1 [3]; 2009 (443), Sch 1 [6] [8].
216 OHS induction training
(1) For the purposes of this Part, OHS induction training means training referred to in each of the following paragraphs completed to the satisfaction of the person conducting the training:(a) general induction training,(b) task-specific induction training that covers the relevant health and safety topics set out in the Code of Practice and relates to the particular type of construction work to be carried out,(c) site induction training that covers the relevant health and safety topics set out in the Code of Practice and relates to the particular site at which the construction work is to be carried out.(2) General induction training must be conducted by a nominated person approved in respect of an RTO under clause 217.Maximum penalty: Level 3.(3) This Part does not apply so as to require task-specific induction training to be undertaken by a person carrying out construction work at a mining workplace or a coal workplace.cl 216: Am 2008 (193), Sch 2 [27]. Subst 2009 (443), Sch 1 [9].
217 Approval of RTO and persons nominated to conduct general induction training
(1) An application by an RTO to be approved to provide general induction training in New South Wales must:(a) be in the approved form, and(b) be accompanied by the application fee as determined by WorkCover, and(c) be accompanied by:(i) a copy of the RTO’s registration with the relevant State or Territory registering body, and(ii) the name of each person nominated by the RTO to be approved to carry out general induction training (a nominated person), and(d) be lodged in the approved manner.(2) WorkCover may approve the RTO or may refuse the application for such reasons as it considers sufficient.(3) If WorkCover approves an RTO, WorkCover may approve each nominated person named in the application in respect of that RTO or may refuse to approve any such person for such reasons as it considers sufficient.(4) An approved RTO may at any time apply to have a nominated person approved to provide general induction training in respect of that RTO.(5) WorkCover may approve the nominated person or may refuse the application for such reasons as it considers sufficient.(6) If WorkCover approves an RTO or a nominated person, it must issue a notice of approval to the RTO.(7) If a person ceases to be a nominated person because that person is no longer under the supervision of, or in partnership with, the RTO in respect of which he or she is approved, the RTO must inform WorkCover of that matter within 14 days.(8) An RTO must not provide general induction training or advertise the provision of such training unless the RTO is approved for that purpose by WorkCover and the training is carried out by a nominated person approved in respect of that RTO.Maximum penalty: Level 3.(9) A person must not provide general induction training for the purposes of this Part unless the person is a nominated person approved in respect of an RTO.Maximum penalty: Level 3.cl 217: Am 19.3.2004; 28.5.2004; 2005 No 100, Sch 3.11 [3] [4]. Subst 2009 (443), Sch 1 [10].
217A (Repealed)
cl 217A: Ins 19.3.2004. Am 17.12.2004; 2008 (193), Sch 2 [28] [29]. Rep 2009 (443), Sch 1 [10].
218 Suspension and cancellation of approval
(1) WorkCover may suspend or cancel the approval of a nominated person if it is satisfied that:(a) the person is no longer competent to conduct the training for which the person is approved, or(b) the person is no longer under the supervision of, or in partnership with, the RTO in respect of which the person is approved, or(c) the person has been convicted of an offence against the Act or the associated occupational health and safety legislation, or any regulation under the Act or that legislation, or of an offence against a corresponding law within the meaning of Part 9.1A or any regulation under any such corresponding law, or(d) the person was approved on the basis of false or misleading information or a failure to disclose or provide required information, or(e) the person has contravened the Code of Practice or a guideline relating to the provision of general induction training, or(f) the person has had his or her accreditation as an assessor suspended or cancelled under clause 287, or(g) the person has had his or her approval as a nominated person suspended or cancelled under clause 264Q.(2) WorkCover may suspend or cancel the approval of an RTO if it is satisfied that:(a) the RTO was approved on the basis of false or misleading information or a failure to disclose or provide required information, or(b) the RTO has contravened the Code of Practice or a guideline relating to the provision of general induction training, or(c) the RTO has had its approval as a provider of high risk work assessments suspended or cancelled under clause 264Q.(3) If the registration of an RTO is cancelled, any approval of the body and of each person nominated in respect of that RTO under this Part is immediately cancelled.(4) If the registration of an RTO is suspended, any approval of the RTO and of each person nominated in respect of that RTO under this Part is also suspended during that suspension.(5) Before suspending or cancelling the approval of an RTO or a nominated person, WorkCover:(a) must cause written notice of the proposed suspension or cancellation to be given to the RTO or person, and(b) must give the RTO or person a reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and(c) must have regard to any representations so made.(6) If, after having regard to any representations made by the RTO or nominated person, WorkCover decides to proceed with the proposed suspension or cancellation, WorkCover must give to the RTO or nominated person a written notice:(a) stating that the approval is suspended or cancelled, and(b) in the case of a suspension, specifying the period for which the approval is suspended, and(c) giving reasons for the suspension or cancellation.(7) The suspension or cancellation takes effect on the date on which notice of the suspension or cancellation is given to the RTO or nominated person or such later date as may be specified in the notice.(8) An RTO or a nominated person is taken not to be approved during any period of suspension.cl 218: Am 28.5.2004; 2005 No 100, Sch 3.11 [3] [4]; 2008 (193), Sch 1 [114]. Subst 2009 (443), Sch 1 [10].
219 (Repealed)
cl 219: Rep 2009 (443), Sch 1 [10].
220 Statements of OHS induction training
(1) A person who conducts training referred to in clause 216 (1) (a) must issue to each person who has, in the opinion of the person conducting the training, completed the training in accordance with the relevant guidelines issued by WorkCover a written statement that:(a) states that the person to whom the statement is issued completed the training to the satisfaction of the person conducting it, and(b) identifies the types of activities covered by the training, and(c) specifies the date or dates on which the training was provided, and(d) specifies the name and qualifications of the person who conducted the training, and(e) is signed by the person who conducted the training.(1A) Within 7 days after a person issues a statement of OHS induction training under this clause, the person must cause notice of that fact to be given to WorkCover so as to enable WorkCover to issue the person to whom the statement has been issued with an OHS construction induction training card.Maximum penalty: Level 1.(1B) During the period of 30 days after a statement of OHS induction training is issued under his clause, the person to whom it is issued is, for the purposes of clauses 213, 214 and 215A, taken to hold an OHS construction induction training card and the statement is, for those purposes, taken to be such a card.(1C) WorkCover may issue guidelines:(a) for the provision of OHS induction training, and(b) for the issue of statements of OHS induction training under this clause.(1D) A person providing OHS induction training must not:(a) provide any such training otherwise than in accordance with any guidelines issued under this clause, or(b) issue a statement of OHS induction training under this clause without having provided any such training, or(c) issue a statement of OHS induction training under this clause without the person having completed the training.Maximum penalty: Level 2.(2) A person who conducts training referred to in clause 216 (1) (a) must keep a record of each statement of OHS induction training issued until 3 years after the issue of the statement.Maximum penalty: Level 2.cl 220: Am 19.3.2004; 2009 (443), Sch 1 [8] [11].
220A OHS construction induction training cards
(1) WorkCover may issue an OHS construction induction training card to any person whom it is satisfied has completed the general induction training referred to in clause 216 (1) (a), whether on the basis of a statement of OHS induction training issued under clause 220 or otherwise.(2) An OHS construction induction training card is of unlimited duration.cl 220A: Ins 19.3.2004. Subst 2009 (443), Sch 1 [12].
220B Replacement of lost, stolen, damaged or destroyed OHS construction induction training cards
(1) The holder of an OHS construction induction training card that is lost, stolen, damaged or destroyed may apply to WorkCover for a replacement card.(2) The application:(a) must be in the approved form, and(b) must be accompanied by a statutory declaration by the applicant that explains how, or the circumstances in which, the card was lost, stolen, damaged or destroyed, and(c) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with issue of replacement cards.(3) WorkCover may issue a replacement card if satisfied that the applicant’s OHS construction induction training card has been lost, stolen, damaged or destroyed.(4) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(5) The holder of an OHS construction induction training card that is replaced under this clause:(a) must surrender the original card if it is recovered, or(b) in the case of a damaged card that is replaced, must surrender the damaged card.Maximum penalty (subclause (5)): Level 1.cl 220B: Ins 19.3.2004. Am 2009 (443), Sch 1 [8] [11] [13]; 2009 No 106, Sch 2.25.
220C Cancellation of OHS construction induction training cards
(1) WorkCover may cancel an OHS construction induction training card if satisfied that the card was obtained on the basis of false or misleading information or a failure to disclose or provide required information.(2) Before cancelling an OHS construction induction training card, WorkCover:(a) must cause written notice of the proposed cancellation to be given to the holder of the card, and(b) must give the holder of the card a reasonable opportunity to make representations to WorkCover in relation to the proposed cancellation, and(c) must have regard to any representations so made.(3) If, after having regard to any representations made by the holder of the card, WorkCover decides to proceed with the proposed cancellation, WorkCover must give to the holder a written notice:(a) stating that the card is cancelled, and(b) giving reasons for the cancellation.(4) The cancellation takes effect on the date on which notice of the cancellation is given to the holder of the card or such later date as may be specified in the notice.(5) The holder of an OHS construction induction training card that is cancelled must return the card to WorkCover within such period as may be specified in the notice of cancellation given to the holder.Maximum penalty: Level 1.cl 220C: Ins 19.3.2004. Am 2009 (443), Sch 1 [8] [11] [14].
221 Former OHS induction training certificates
(1) In this clause, a former OHS induction training certificate means an OHS induction training certificate issued by WorkCover after 29 March 2004 and in force immediately before 1 September 2009.(2) A former OHS induction training certificate is taken to be an OHS construction induction training card issued under this Part.cl 221: Rep 19.3.2004. Ins 28.5.2004. Subst 2009 (443), Sch 1 [15].
222 Lapsing of currency of OHS training and OHS training statements
(1) A person’s OHS induction training ceases to be current for the purposes of this Part if the person has not carried out construction work for any consecutive period of 2 years or more since:(a) in the case of a person who has actually undergone training—the completion of the training, or(b) (Repealed)(2) A statement of OHS induction training ceases to be valid for the purposes of this Part if the person to whom it is issued has not carried out construction work for any consecutive period of 2 years or more since the issue of the statement.cl 222: Am 19.3.2004.
223 Principal contractors and employers to keep records
(1) A principal contractor for a construction project must keep a record containing the following, in relation to each person carrying out construction work on the project, until 3 years after the project is completed:(a) a copy of any relevant statement of OHS induction training or a statement indicating that the principal contractor is satisfied that the relevant OHS induction training has been undertaken,(b) a brief description of the site induction training that has been undertaken by the person in accordance with this Part for the site at which the construction work is carried out.(2) An employer must keep a record containing the following, in relation to each employee employed to carry out construction work, until 3 years after the employee has ceased to be employed by the employer:(a) a copy of any relevant statement of OHS induction training or a statement indicating that the employer is satisfied that the relevant OHS induction training has been undertaken,(b) a brief description of the site induction training that has been undertaken by the employee in accordance with this Part for the site at which the construction work is carried out.Maximum penalty: Level 1.cl 223: Am 2009 (443), Sch 1 [16].
Part 8.3 Special workplace arrangements for construction work
Note—
This Part makes special arrangements for workplaces that are construction sites where the cost of the work exceeds $250,000 or the work is demolition work, asbestos removal work or high risk construction work. The obligation bearers under this Part are principal contractors and sub-contractors. However, to the extent that those contractors are also employers or self-employed persons, the obligations under this Part apply to them also.
224 Definition
In this Part:safe work method statement means a statement that:(a) describes how work is to be carried out, and(b) identifies the work activities assessed as having safety risks, and(c) identifies the safety risks, andand includes a description of the equipment used in the work, the standards or codes to be complied with, the qualifications of the personnel doing the work and the training required to do the work.(d) describes the control measures that will be applied to the work activities,Note—See Chapter 2 for provisions relating to the identification, assessment and control of risks.
225 Responsibilities of contractors to be in addition to responsibilities as employers
The responsibilities imposed on a principal contractor or a sub-contractor by this Part are in addition to any other responsibilities that the principal contractor or sub-contractor may have as an employer or self-employed person or other person having responsibilities under this Regulation.
226 Responsibility of principal contractor to prepare an OHS management plan
(1) This clause applies to any place of work at which construction work is undertaken and the cost of the work exceeds $250,000.(2) The principal contractor for the construction work must ensure that:(a) a site specific occupational health and safety management plan is prepared for each place of work at which the construction work is to be carried out before the work commences, and(b) the plan is maintained and kept up to date during the course of the work.Maximum penalty: Level 4.(3) The principal contractor must ensure that the occupational health and safety management plan includes:(a) a statement of responsibilities listing the names, positions and responsibilities of all persons who will have specific responsibilities on the site for occupational health and safety, and(b) details of the arrangements for ensuring compliance with the requirements for occupational health and safety induction training that are set out in Part 8.2, and(c) details of the arrangements for managing occupational health and safety incidents, including the identity of and contact details for the person or persons who will be available to prevent, prepare for, respond to and recover from occupational health and safety incidents, andNote—Some incidents must be notified to WorkCover or the Department Head (Mining) under Chapter 12.(d) any site safety rules and details of the arrangements for ensuring that all persons at the place of work (whether employees or visitors) are informed of the rules, and(e) safe work method statements for all work activities assessed as having safety risks.Maximum penalty: Level 3.(4) The principal contractor must ensure that a copy of the occupational health and safety management plan is available for inspection during the course of the construction work by:(a) any person working at the place of work concerned and by any person about to commence work at that place, and(b) an employee member of an OHS committee, an OHS representative, a person elected by the persons employed at the place of work to represent a group of employees on health and safety matters or (if the employees so agree) an appropriate representative of an industrial organisation of employees.Maximum penalty: Level 1.(5) The principal contractor must ensure that a copy of any parts of the occupational health and safety management plan that are relevant to a sub-contractor are provided to the sub-contractor before the sub-contractor commences work at the place of work concerned.Maximum penalty: Level 1.(6) The principal contractor must ensure that, if any change is made to the occupational health and safety management plan during the course of the construction work, a copy of any part of the plan that has been changed and that is relevant to a sub-contractor is provided to the sub-contractor as soon as practicable after the change is made.Maximum penalty (subclause (6)): Level 1.cl 226: Am 2008 (193), Sch 1 [115].
227 Responsibility to provide safe work method statements—principal contractor and sub-contractors
(1) This clause applies to any place of work at which:(a) construction work is undertaken and the cost of the work exceeds $250,000, or(b) high risk construction work is undertaken and the cost of the work does not exceed $250,000, or(c) demolition work or asbestos removal work for which a licence is required under Chapter 10 to carry on the business of that work is undertaken (regardless of the cost of the work).(2) A principal contractor for the construction work must ensure that each sub-contractor, before commencing work at a place of work, provides the principal contractor with a written safe work method statement for the work to be carried out by the sub-contractor.Maximum penalty: Level 3.(3) A principal contractor must ensure that:(a) a sub-contractor is directed to comply with:(i) the safe work method statement that the sub-contractor has provided, and(ii) the requirements of the Act and this Regulation, and(b) the activities of a sub-contractor are monitored to the extent necessary to determine whether the sub-contractor is complying with:(i) the safe work method statement that the sub-contractor has provided, and(ii) the requirements of the Act and this Regulation, and(c) if the sub-contractor is not so complying, the sub-contractor is directed to take action immediately to comply with the safe work method statement or the requirements of the Act and this Regulation, or both, and(d) if a risk to the health or safety of a person arises because of the non-compliance, the sub-contractor is directed to stop work immediately and not to resume work until the safe work method statement or those requirements, or both, are complied with, unless an immediate cessation of work is likely to increase the risk to health and safety, in which event the sub-contractor must be directed to stop work as soon as it is safe to do so.Maximum penalty: Level 4.(4) If there are no sub-contractors for the construction work, the principal contractor must:(a) undertake an assessment of the risks associated with the work to be carried out and prepare a written safe work method statement that includes a copy of the assessment of risks, and(b) maintain and keep up to date the statement, and(c) ensure that the work is carried out in accordance with the statement, and(d) if a risk to the health or safety of a person arises because of non-compliance with the statement, ensure that work is stopped immediately and not resumed until the statement is complied with (unless an immediate cessation of work is likely to increase the risk to health and safety, in which event the principal contractor must stop the work as soon as it is safe to do so).Maximum penalty (subclause (4)): Level 4.
228 Responsibility of principal contractor to keep register of hazardous substances
(1) This clause applies to any place of work at which:(a) construction work is undertaken and the cost of the work exceeds $250,000, or(b) demolition work or asbestos removal work for which a licence is required under Chapter 10 to carry on the business of that work is undertaken (regardless of the cost of the work).(2) The principal contractor for the construction work must ensure that:(a) a register of hazardous substances at a place of work at which construction work is carried out is kept and maintained during the course of the work, and(b) the register is readily accessible to all persons working at the place of work, and(c) copies are kept during the course of the work of any records of atmospheric monitoring or health surveillance in relation to the place of work, and(d) copies are kept during the course of the work of any written report of a risk assessment prepared in accordance with clause 168 (1) (b) in relation to risks associated with exposure to a hazardous substance at the place of work.(3) If more than one sub-contractor is using hazardous substances at the place of work, the principal contractor must ensure that the register of hazardous substances kept under subclause (2) (a) contains details of all hazardous substances being used at the place of work.(4) The principal contractor, if also required to keep and maintain a register of hazardous substances or dangerous goods under clause 167 or 174ZV, may keep and maintain a single register for the purposes of this clause and for the purposes of those clauses.Maximum penalty: Level 1.Note—See Chapter 6 as to the obligations of employers with respect to the keeping of registers and recording of information concerning hazardous substances and carcinogenic substances.cl 228: Am 2005 (531), Sch 1 [21].
229 Responsibilities of sub-contractors
(1) This clause applies to any place of work at which:(a) construction work is undertaken and the cost of the work exceeds $250,000, or(b) demolition work or asbestos removal work for which a licence is required under Chapter 10 to carry on the business of that work is undertaken (regardless of the cost of the work).Subclauses (2) (b) and (3) also apply to any place of work at which high risk construction work is undertaken and the cost of the work does not exceed $250,000.(2) A sub-contractor must not commence construction work at a place of work unless the sub-contractor:(a) has been provided by the principal contractor for the construction work with a copy of the parts of the occupational health and safety management plan for the place of work that are relevant to the sub-contractor, and(b) has undertaken an assessment of the risks associated with the work to be carried out and provided to the principal contractor a written safe work method statement that includes a copy of the assessment of risks, and(c) has completed induction training with respect to occupational health and safety as specified in the occupational health and safety management plan for the place of work.Maximum penalty: Level 3.(3) A sub-contractor must not allow an employee of the sub-contractor to start work at a place of work at which construction work is carried out unless the employee has completed induction training with respect to occupational health and safety as specified in the occupational health and safety management plan for the place of work.Maximum penalty: Level 3.(4) A sub-contractor must maintain and keep up to date the sub-contractor’s safe work method statement for a place of work, and must provide the principal contractor with any changes made to the safe work method statement.Maximum penalty: Level 1.(5) A sub-contractor must provide the principal contractor for the place of work with any information known to or records held by the sub-contractor concerning hazardous substances or atmospheric monitoring or health surveillance that is required by this Regulation to be entered in the register of hazardous substances or kept for the place of work.Maximum penalty (subclause (5)): Level 2.
Part 8.4 Control of risks arising during construction work
230 Application
(1) This Part applies to the control of risks arising during construction work.(2) In particular, this Part applies to control of risks arising from:(a) falling objects other than falling rock and earth (to which Part 8.5 applies),(b) collapse of formwork and other structural frames used for permanent or temporary support of buildings and other structures,(c) collapse of existing buildings and other structures affected by construction work,(d) unauthorised access to construction sites,(e) use of compressed air in construction work,(f) use of lasers in construction work.
231 Overhead protective structures—particular risk control measures
(1) This clause applies if:(a) construction work is carried out at a place that adjoins a public place or any other property, andbut does not apply to maintenance work on power or telecommunication poles, towers or overhead lines unless a risk assessment identifies that any hazards cannot be controlled by means other than overhead protective structures.(b) that construction work is carried out at a vertical height exceeding 4 metres above the lowest ground level of that public place or other property (unless the ratio of the horizontal distance to the vertical height between the nearest boundary of that public place or other property and where the work is carried out exceeds 2),(2) In any case in which this clause applies, an employer must provide an overhead protective structure that:(a) is of appropriate strength and design having regard to the circumstances of that case, and(b) will catch, deflect or hold any weight and amount of material or objects that might reasonably be expected to fall on it.Maximum penalty: Level 4.
232 Safe means of lowering materials—particular risk control measures
(1) If an inclined or vertical chute is used on a construction site as a means of lowering materials, an employer must ensure that the following requirements are met:(a) the chute is properly secured to the building or other structure to which it is attached,(b) the chute is completely enclosed except as provided by this clause,(c) the open end at the top of the chute has a cover that can be locked securely,(d) each opening in the chute has:(i) a hinged or sliding door that can be locked securely when material is not being fed into the chute through the opening, and(ii) a hopper is fitted to it to channel material into the chute,(e) in order to prevent material that is being fed into the chute from spilling outside the chute, a solid fence at least 1 metre high and 1 metre long is erected at each opening in the chute at an angle of 45 degrees to the building line,(f) the discharge end of the chute is kept open at all times.(2) The employer must ensure that a designated area is provided around the discharge end of the chute and that this area is adequately fenced. Alternatively, if a bin is used at the discharge end, a fence with a hinged gate that can be securely locked must be provided around the bin at a distance of at least 2 metres from the bin.(3) The employer must ensure that doors and all other openings of the chute (except the discharge end) are closed and securely locked before:(a) any demolished material is removed from any such designated area, or(b) any such bin is replaced.(4) The employer must ensure that notices of the danger from discharged material are prominently placed at the discharge end of the chute and on the access gate of the fence.(5) In this clause, opening, in relation to a chute, means an opening in the side of the chute through which material can be fed into the chute.Maximum penalty: Level 4.
233 Formwork—particular risk control measures
(1) An employer must ensure that formwork complies with AS 3610—1995Formwork for concrete.(2) An employer must ensure that formwork is designed, constructed and maintained so as to support safely all loads that are to be placed on it.(3) An employer must ensure that, before the concrete pour, formwork is inspected by a qualified engineer and is certified by the qualified engineer as safe for its intended purpose and the loads that will be placed on it.(4) Subclause (3) does not apply if:(a) the deck of the formwork is less than 3 metres above the lowest surrounding ground level, or(b) the area of the formwork deck is less than 16 square metres and is designed to hold not more than 2.5 cubic metres or 6 tonnes of wet concrete (whichever measure is appropriate).Maximum penalty: Level 4.
234 Prevention of structural collapse—particular risk control measures
(1) An employer must ensure that any danger to persons arising from the collapse of a building during a temporary state of weakness or instability before its construction is completed is controlled by the use of adequate temporary guys, stays, supports and fixings or other measures.(2) An employer must ensure that, if construction work is likely to reduce the stability of an existing building or a building in the course of construction so as to endanger a person, shoring is used or other appropriate measures are taken to prevent the collapse of the building.Maximum penalty: Level 4.
235 Site security—particular risk control measures
(1) Subject to subclause (2), an employer must ensure that perimeter fencing is provided for all construction sites.(2) Subclause (1) applies with respect to the site of construction of a single dwelling house, duplex or civil engineering project or the site of maintenance work only if a risk assessment identifies the need to isolate particular hazards at the site that cannot be controlled by means other than perimeter fencing.(3) The employer must ensure that perimeter fencing required to be provided by this clause is adequate for the purpose for which it is constructed.(4) An employer must ensure that signs, that are clearly visible from outside the site and on which the name and contact telephone numbers (including an after hours emergency telephone number) of the controller of the site are stated, are placed on each construction site.Maximum penalty: Level 4.
236 Use of compressed air—particular risk control measures
An employer must ensure that the use of compressed air in connection with any construction work complies with AS CA 12—1970Work in compressed air (known as the SAA Compressed Air Code), as in force at the time of that publication.Maximum penalty: Level 4.
237 Laser work
(1) An employer must ensure that Class 3B or Class 4 lasers or laser products as defined in AS/NZS 2211.1:1997Laser safety: Equipment classification, requirements and user’s guide, as in force at the time of that publication, are not used in construction work.(2) Subject to subclause (1), an employer must ensure that the use of lasers or laser products in construction work is in accordance with AS 2397—1993Safe use of lasers in the building and construction industry.Maximum penalty: Level 4.
Part 8.5 Excavation work—particular provisions
238 Definition
In this Part:excavation work means construction work of the kind referred to in paragraph (c) of the definition of construction work in Chapter 1.cl 238: Am 2008 (193), Sch 1 [116].
239 Application
This Part applies to places of work at which excavation work is carried out.
240 Protection of stability of excavation work—particular risk control measures
(1) An employer must ensure that, in relation to excavation work, an adequate system of safety, involving shoring, earth retention equipment or other appropriate measures, is in place to control risks to health and safety arising from one or more of the following:(a) the fall or dislodgment of earth and rock,(b) the instability of the excavation or any adjoining structure,(c) the inrush of water,(d) the placement of excavated material,(e) instability due to persons or plant working adjacent to the excavation.(2) A shoring system is not required if, having regard to the nature and slope of the side of the excavation and other relevant circumstances, there is no reasonable likelihood of a fall or dislodgment of earth, rock or other material from a height of more than 1.5 metres (measured vertically) that may bury, trap or strike a person who is in the excavation.(3) If a system of shoring is used, the employer must ensure that an adequate supply of shoring equipment and material is provided and used to prevent a fall or dislodgment of earth, rock or other material that forms the side of or is adjacent to the excavation work.(4) An employer must ensure that adequate measures are taken in the immediate vicinity of excavation work so as to prevent the collapse of the work. In particular, an employer must ensure that no materials are placed, stacked or moved near the edge of excavation work so as to cause the collapse of the work.Maximum penalty: Level 4.
241 Potential risks arising from excavation work—particular risk control measures
(1) An employer must ensure that no excavation work that is likely to reduce the stability of any part of a building or structure is commenced or continued unless adequate measures are adopted, both before and during the excavation work, to prevent a risk to the health and safety of a person from the collapse of the building or structure or any part of it.(2) An employer must ensure that:(a) adequate measures are taken in the immediate vicinity of excavation work so as to prevent the fall of mobile plant or materials into the excavation, and(b) no materials are placed, stacked or moved near the edge of excavation work so as to endanger a person present below.(3) An employer must ensure that, in relation to excavation work, an adequate system of safety is in place to control risks to health and safety arising from unplanned contact with electricity cables, gas mains and other utility services.Maximum penalty: Level 4.
242 Regular inspection mandatory for excavations of 1 metre or more—particular risk control measures
An employer must ensure that excavation work at a depth of 1 metre or more is inspected by a competent person at the intervals determined during the risk assessment for the work.Maximum penalty: Level 3.
243 Caissons and cofferdams—particular risk control measures
An employer must ensure that caissons and cofferdams are of sound construction and secured in position to prevent movement.Maximum penalty: Level 4.
244 Supervision
An employer must ensure that any of the following excavation work is carried out only under the supervision of a competent person:(a) work at a depth of 1 metre or more,(b) work in tunnels,(c) work on caissons and cofferdams,(d) compressed air work.Maximum penalty: Level 4.
245 Safe access and egress
An employer must ensure that there is a safe means of access to and egress from excavations.Maximum penalty: Level 4.
Part 8.6 Demolition work—particular provisions
246 Definitions
(1) In this Part:AS 2601—1991 means AS 2601—1991The demolition of structures.demolition work means construction work involving the demolition of a building but does not include construction work involving the removal of power or telecommunication poles.Note—Clause 3 provides that building includes a structure and part of a building or structure.(2) In applying the provisions of AS 2601—1991 for the purposes of this Part, references in that Standard to a public thoroughfare are taken to be references to a public place.(3) In this Part, a reference to the height of a building is a reference to the height of the building measured from the lowest level of the ground immediately adjacent to the base of the building at the point at which the height is to be measured to its highest point.Note—Carrying on the business of demolition work requires a licence (see Chapter 10). Demolition work also requires a permit (see Chapter 11).
247 Work to be done in accordance with Australian Standard and this Part
(1) An employer must ensure that demolition work is carried out in accordance with AS 2601—1991 and the provisions of this Part.Maximum penalty: Level 4.(2) In the event of an inconsistency between a provision of AS 2601—1991 and the provisions of this Regulation, the provisions of this Regulation prevail.(3) Despite AS 2601—1991 or this Part, a building may be demolished by the use of explosives if a permit under Chapter 11 has been obtained.Note—The following matters, among others, are dealt with in AS 2601—1991:• Sequential demolition• Measures to prevent materials falling on workers and the public, including adequate fencing• Use of heavy machinery and plant on suspended floors• Ensuring that stairs and other means of access, and scaffolding, are clear of rubble and other debris• Chimney demolition• Dust control• Warning signs and general safety measures• Fire prevention• Circumstances in which overhead protective structures and heavy duty independent scaffolding are required
248 Investigations
(1) An employer must ensure that, before the commencement of stripping or demolition work, an initial investigation of the building to be demolished and the site on which it is located is carried out in accordance with AS 2601—1991.Maximum penalty: Level 4.(2) The results of the investigations of the building and site must be recorded in writing by the employer and must be made available to WorkCover for inspection, on demand.Maximum penalty: Level 4.(3) The records of the investigations must be included by the employer in the work method statement for the demolition to substantiate the choice of a particular sequence, method or technique of demolition.Maximum penalty (subclause (3)): Level 1.
249 Carrying out demolition work
(1) An employer must ensure that, if mechanical means are used to carry out demolition work, the work is carried out sequentially.(2) An employer must ensure that demolition work involving pulling with ropes or chains or similar means is carried out only if the building being demolished is not more than 4 metres in height and the work is carried out sequentially.Maximum penalty: Level 4.Note—See Chapter 11 regarding the issue of permits for the carrying out of certain demolition work.
250 Working in or below building being demolished
(1) An employer must ensure that a person does not work in or below a building that is being demolished if, at any time during the carrying out of the demolition work, there is a danger that the person might be injured as a result of demolished or other material falling or rebounding.Maximum penalty: Level 4.(2) This clause applies whether or not the person’s work is associated with the demolition of the building.
251 Buildings adjacent to public places
(1) An employer must ensure that, if demolition work involves the demolishing of a building that is less than 4 metres in height and is adjacent to a public place, adequate precautionary measures are taken to protect persons who may be in the public place.Note—AS 2601—1991 contains precautionary requirements for the demolition of buildings that are more than 4 metres in height.(2) An employer must ensure that, if demolition work involves the demolishing of a building (regardless of its height) that is adjacent to another building, adequate precautionary measures are taken to protect:(a) the other building, and(b) any person entering or leaving the other building, and(c) if the other building is shorter than the building being demolished—any person who is on top of the other building.Maximum penalty: Level 4.
252 Demolition within confines of building
The requirements of AS 2601—1991 relating to fencing, overhead protective structures and scaffolding do not apply to the demolition of part of a building if:(a) the work is carried out wholly within the confines of the building, and(b) demolished material is, at all times during the carrying out of the work, prevented from falling or rebounding outside those confines.
253 Overhead protective structures
An employer must, in carrying out any demolition work, ensure that, if AS 2601—1991 requires an overhead protective structure to be provided over a public walkway that lies between a public place and the building being demolished, the overhead protective structure:(a) consists of a horizontal platform of solid construction with vertical supports, and(b) is at least 250 mm from the edge of the kerb of the walkway towards the common boundary of the walkway and the building that is being demolished, and(c) has a minimum overhead clearance of 2.2 m to any bracings, beams or any other part of the overhead protective structure, and(d) has a continuous solid upstand projecting at least one metre above the platform surface, and(e) is designed for a uniformly distributed live load of 10kPa.Maximum penalty: Level 4.Note—See figure 1 below, which illustrates these requirements.
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254 Scaffolding
(1) This clause does not apply to the demolition of a chimney stack.(2) An employer must ensure that, if AS 2601—1991 requires scaffolding to be provided, the scaffolding:(a) is erected before the commencement of any demolition work on the side or part of the building being demolished that faces a public place, and(b) is kept in the erected position until the work is completed.Note—See also clause 58 (Scaffolding—particular risk control measures) which requires compliance with AS/NZS 1576.1:1995.(3) The employer must ensure that the scaffolding is provided with at least 2, but not more than 3 platforms, unless otherwise certified by a qualified engineer.(4) The employer must ensure that each platform on the scaffolding:(a) extends the full width of the scaffold frame, and(b) abuts the building, and(c) extends into any openings of the building for a sufficient distance in order to catch any falling material.(5) The employer must ensure that any platform or section of a platform (other than the platform at the final lower level of the scaffolding) is not dismantled, repositioned or removed unless:(a) a further platform has been installed not more than 6 metres below the platform or section of platform to be repositioned or removed, and(b) all material on the platform has been removed.(6) The employer must ensure that scaffolding is effectively enclosed on the outer faces and ends for its full height with steel wire mesh that:(a) has a cross section dimension of not less than 2.5 mm and an aperture of not greater than 50 mm, and(b) is adequately secured to the scaffolding, andor with some other equivalent system that is adequately secured to the scaffolding and is sufficient to withhold demolished material.(c) is sufficient to withhold demolished material,(7) The employer must ensure that the edges of the runs of wire mesh are adequately overlapped and secured.(8) The employer must ensure that appropriate material is securely fixed to the wire mesh to minimise the release of dust into the atmosphere.Maximum penalty: Level 4.
255 Demolition of chimney stacks
(1) An employer must ensure that the demolition of a chimney stack is carried out only:(a) by felling using undercutting or explosives, or(b) by the removal of successive sections of metal, or successive courses of brickwork or masonry, from the top.(2) The employer must ensure that, if a chimney stack is or is to be demolished by felling:(a) the felling is not done in a wind that:(i) is likely to cause the chimney stack to fall otherwise than in the intended direction, or(ii) exceeds 20 knots, and(b) if undercutting is used—the equilibrium of the stack being undercut is gauged in compression by positive means to ensure that sufficient time remains for the safe retreat of workers from the stack when it commences to fall, and(c) if the chimney stack could, in falling, endanger the safety of a person or property in a place outside the area under the control of the employer who is carrying out the demolition work—24 hours’ notice of the intended commencement of the work is given to:(i) the council of the local government area in which the work is carried out, and(ii) a police officer.(3) An employer must ensure that, if a chimney stack is to be demolished by the removal of successive sections of metal from the top, or successive courses of brickwork or masonry from the top, overhead protection complying with clause 231 is provided over the discharge end of any chute, hopper, bin or material outlet to protect any person removing material from the discharge area from falling objects.(4) The employer must ensure that material is not allowed to accumulate on, or to overload, any such overhead protection.Maximum penalty: Level 4.
256 Notification of dangerous work
An employer must ensure that a police officer is informed immediately if, during any demolition work:(a) the building concerned (including an undemolished part of the building) becomes unstable, and(b) there is a danger that the building could collapse and injure any person who is in any place not under the control of the person who is carrying out that work, either directly or by his or her employees or agents.Maximum penalty: Level 1.
Part 8.7 Asbestos—particular provisions
257 Definitions
In this Part:asbestos means the fibrous form of those mineral silicates that belong to the serpentine or amphibole groups of rock-forming minerals, including actinolite, amosite (brown asbestos), anthophyllite, chrysotile (white asbestos), crocidolite (blue asbestos) and tremolite.asbestos work means work undertaken in connection with a construction work process in which exposure to asbestos may occur and includes any work process involving the use, application, removal, mixing or other handling of asbestos or asbestos-containing material.bonded asbestos material means any material (other than friable asbestos material) that contains asbestos.bonded asbestos removal work means work in which bonded asbestos material is removed, repaired or disturbed.friable asbestos material means any material that contains asbestos and is in the form of a powder or can be crumbled, pulverised or reduced to powder by hand pressure when dry.friable asbestos removal work means work in which friable asbestos material is removed, repaired or disturbed.Note—Carrying on the business of asbestos removal work requires a licence (see Chapter 10). Friable asbestos removal work also requires a permit (see Chapter 11).
258 Application
This Part applies to asbestos and asbestos-containing material present in a workplace in which construction work is carried out including (but not limited to) asbestos used as a building material, for insulation or fire-proofing, or otherwise used as a material in a workplace.
259 Particular risk control measures
(1) An employer must ensure that asbestos work is carried out, in a manner appropriate to that work, in accordance with the following documents published by the NOHS Commission, as in force from time to time:(a) Code of Practice for the Management and Control of Asbestos in the Workplace[NOHSC: 2018 (2005)],(b) Code of Practice for the Safe Removal of Asbestos[NOHSC: 2002 (2005)].(If a requirement of clause 51 (Atmospheric contaminants—particular risk control measures) is inconsistent with a requirement of this subclause, the clause 51 requirement prevails).(2) An employer must ensure that:(a) employees and other persons contracted to carry out asbestos work are informed of the dangers involved and of any precautions that should be taken in connection with the work, and(b) employees, workplace owners and plant owners are informed when asbestos work is being carried out, and(c) persons are warned, by the use of signs, labels or other similar measures, of the presence of asbestos or asbestos-containing material in a place at which construction work is being carried out.(3) An employer must identify, and implement, measures to prevent the uncontrolled disturbance of asbestos-containing material while construction work is being carried out.(4) An employer must ensure that procedures are in place for:(a) the cleaning of premises at which asbestos work is carried out, and(b) the laundering and cleaning of personal protective equipment used for asbestos work, and(c) the containment of asbestos waste, and(d) the disposal of asbestos and asbestos-containing material.(5) An employer must ensure that no asbestos-containing material, including asbestos cement, is reused in connection with the carrying out of construction work.(6) An employer must ensure that no high-pressure processes are used to clean the surface of asbestos-containing material, including asbestos cement or any structures that consist of or contain asbestos, during the carrying out of construction work.Maximum penalty: Level 4.cl 259: Am 2008 (140), Sch 1 [2] [3].
260 Friable asbestos material
An employer must restrict access:(a) to friable asbestos material, andby persons who are not licensed to carry out friable asbestos removal work in accordance with Chapter 10.(b) to construction work processes involving friable asbestos material,Maximum penalty: Level 3.
261 Monitoring
(1) If a risk assessment in connection with Division 5 (Atmosphere) of Part 4.3 of Chapter 4 indicates a need for atmospheric monitoring of a workplace in which asbestos or asbestos-containing material is located, the employer must ensure that the monitoring is carried out by a competent person in accordance with the document entitled Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres 2nd Edition[NOHSC: 3003 (2005)] published by the NOHS Commission, as in force from time to time.(2) The analysis of samples obtained as a result of such monitoring must be carried out:(a) in a laboratory accredited by the National Association of Testing Authorities, and(b) in accordance with the document referred to in subclause (1).Maximum penalty: Level 3.cl 261: Am 2008 (140), Sch 1 [4]; 2010 No 59, Sch 2.68 [2].
Part 8.8 Diving work—particular provisions
262 Definition
In this Part:diving work means work carried out under water and while using underwater breathing apparatus, and includes work by the dive team in direct support of the diver.
263 Application
This Part applies to diving work carried out in connection with:(a) construction work, or(b) work in relation to a vessel while it is moored or while it is in a dock or in slips.
264 Particular risk control measures
An employer must ensure that:(a) diving hazards associated with environmental conditions, hyperbaric and physiological factors and the diving site are controlled, and(b) diving work carried out at depths of 50 metres (at sea level, or equivalent at altitude) or less complies with AS/NZS 2299.1:1999Occupational diving operations Part 1: Standard operational practice, and(c) the person diving holds a certificate issued by a medical practitioner certifying that the person is medically fit for the diving work, and(d) the person diving holds an appropriate certificate issued under the Australian Diver Accreditation Scheme (ADAS) administered by the Department of Industry, Science and Resources of the Commonwealth.Maximum penalty: Level 3.
Chapter 9 Certification of workers
Part 9.1A Licences for high risk work
Division 1 Preliminary
pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
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—1995Boilers—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 VictoriaWorkplace Health and Safety Act 2004 of QueenslandOccupational Health, Safety and Welfare Act 1986 of South AustraliaOccupational Safety and Health Act 1984 of Western AustraliaWorkplace Health and Safety Act 1995 of TasmaniaWorkplace Health and Safety Act 2007 of the Northern TerritoryScaffolding and Lifts Act 1912 and Machinery Act 1949 of the Australian Capital Territorycrane 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.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
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 requiredScaffolding1.1 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.Rigging2.1 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 operation3.1 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 trucks4.1 Operation and use of a fork-lift truck.4.2 Operation and use of an order picking fork-lift truck.Operation of pressure equipment5.1 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, orexcept a steam turbine that produces a power output of less than 500 kilowatts.(b) a multi-stage heat extraction process,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.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
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.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
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.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
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.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
Division 2 Work for which licences or recognised qualifications are required
pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264F Requirement to be qualified to do high risk work
(1) A person must not do any kind of high risk work to which this Part applies unless the person holds a licence or recognised qualification in relation to work of that kind.Maximum penalty: Level 3.(2) A person must not employ, direct or allow another person to do any kind of high risk work to which this Part applies unless the person doing the work holds a licence or recognised qualification in relation to work of that kind.Maximum penalty: Level 3.(3) A person must not:(a) contravene the conditions of a licence or recognised qualification held by the person, or(b) direct or allow another person to contravene the conditions of a licence or recognised qualification held by that other person.Maximum penalty: Level 3.(4) A trainee, an unqualified person or person employing, directing or allowing a trainee or an unqualified person to do high risk work does not commit an offence under this clause if the work is done in accordance with the other provisions of this Part.Note—Additional exemptions may be granted by WorkCover under Chapter 12.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264G Exception for trainees
(1) An RTO must ensure that a trainee doing any kind of high risk work:(a) does the work under the supervision of a supervisor, and(b) keeps and maintains a record of training in accordance with the requirements of clause 264H.(2) The supervisor of a trainee engaged in high risk work must directly supervise the trainee while the trainee is doing the work, unless the employer of the trainee or the supervisor has established:(a) that the circumstances of a particular task make direct supervision impractical or unnecessary, and(b) the trainee’s competency is such that direct supervision can be reduced, and(c) that a lesser degree of supervision would not endanger the health or safety of the trainee or any other person.Maximum penalty (subclause (2)): Level 3.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264H Trainee’s obligations—record of training and assessment
(1) A trainee must make and give to the RTO responsible for providing the training, a record of training in accordance with the National Standard that includes:(a) the name and address of the trainee, and(b) the name and address of the RTO.(2) The following information must be completed in the record at the completion of each training session:(a) a signed entry by the supervisor on each occasion of training, including the supervisor’s name and licence number, and(b) a description of the tasks performed during any such training, including the type of equipment used or operated and the outcomes achieved, and(c) a record of the dates and times during which that work was done.Maximum penalty: Level 1.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264I Exception for holders of notices of satisfactory assessment
(1) An unqualified person who has been issued with a notice of satisfactory assessment that indicates that the person is competent to do a specified kind of high risk work may do work of that kind until the expiration of 60 days after the date of issue of the notice.(2) If the person applies to WorkCover for a licence within that period, the person may continue to do work of that kind:(a) until the person is issued with a licence, or(b) until 14 days after the person receives notice that the application has been refused.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264J Exception for maintenance or demonstration
(1) An unqualified person may do any kind of high risk work (other than dogging or scaffolding) that involves the operation or use of plant if the work:(a) does not involve operating or using the plant for the purpose for which it was designed, and(b) is done solely for the purpose of the testing, trialling, installing, commissioning, maintaining, servicing, repairing, altering or disposing of the plant.(2) A person may operate a crane or hoist solely for the purpose of setting up or dismantling the crane or hoist if the person holds a licence or recognised qualification relating to rigging that qualifies the person to set up or dismantle a crane or hoist.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
Division 3 Assessment of competency
pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264K Applications for assessment
(1) A person may apply to an assessing body for an assessment of the person’s competency to do high risk work if:(a) the person is at least 18 years of age, and(b) the person has completed the relevant training in accordance with the National Standard and any guidelines issued by WorkCover for the purposes of that training in relation to the class of high risk work to which the person’s application relates.(2) The application:(a) must be in the approved form, and(b) must be accompanied by such material or information to support the application as the assessing body may require.(3) An application must include evidence of the applicant’s age and identity that is approved by WorkCover for the purposes of this clause.(4) In this clause, assessing body means an RTO registered under Division 4 or, if no RTO is registered under that Division, WorkCover.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264L Assessment of competency
(1) The following persons may conduct assessments for the purposes of this Part:(a) a person who is a registered nominated person in respect of an RTO that is approved under Division 4, or(b) WorkCover.(2) If a person is assessed as being competent to do high risk work, the person who conducted the assessment must issue to the person a notice of satisfactory assessment specifying the high risk work that the person has been assessed as being competent to do.(3) A person referred to in subclause (1) (a) who does any of the following is guilty of an offence:(a) assesses a person’s competency to do high risk work otherwise than in accordance with the National Standard or the guidelines issued by WorkCover in relation to the conduct of assessments for such work,(b) issues a notice of satisfactory assessment without assessing the person as being competent to do the high risk work specified in the notice,(c) falsely assesses the person as being competent to do high risk work,(d) assesses a person’s competency to do high risk work, being aware that the person has been assessed in relation to the same kind of work within the previous 21 days,(e) assesses a person who is under the age of 18 years,(f) refuses to issue a notice of satisfactory assessment in respect of the high risk work despite having assessed the person as being competent to do the work.Maximum penalty (subclause (3)): Level 4.(4) A person must not conduct assessments for the purposes of this Part unless the person is a nominated person approved in respect of an RTO that is approved under Division 4.Maximum penalty (subclause (4)): Level 4.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264M Assessment guidelines
(1) An applicant’s competency to do high risk work must be assessed in accordance with the National Standard and any guidelines issued by WorkCover in relation to the conduct of assessments.(2) Such guidelines may make provision for any one or more of the following matters:(a) techniques for directly observing the applicant’s performance of the work under workplace conditions,(b) simulated work-related tasks to be performed,(c) checklists to be completed by the applicant,(d) projects or assignments to be completed by the applicant,(e) test questions,(f) any other methods of assessment.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264N Appeals against the outcome of assessments
(1) A person who is affected by the outcome of an assessment conducted:(a) by an approved nominated person in respect of an RTO, may apply to the RTO for a review of the outcome, or(b) by WorkCover, may apply to WorkCover for a review of the outcome.(2) An application for review under subclause (1) (b) must be made in writing within 14 days after the applicant receives notice of the relevant outcome.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264O Assessment of competency at direction of WorkCover
(1) A written notice directing a person to have his or her competency assessed may be given, at any time, by WorkCover:(a) to a person who is the holder of a licence, or(b) to a person whose licence is suspended, or(c) to a person who has lodged an application for the issue or renewal of a licence.(2) WorkCover may suspend, cancel or refuse to issue or renew the licence if the person refuses or fails to comply, without reasonable excuse, with the requirements set out in the notice.(3) If WorkCover decides to suspend, cancel or refuse to issue or renew a licence under this clause, WorkCover must give the person written notice:(a) stating that the licence has been suspended or cancelled, or that the application for the issue or renewal of a licence has been refused, and(b) giving reasons for the suspension, cancellation or refusal, and(c) in the case of a suspension, stating the period for which the licence is suspended.(4) The suspension or cancellation of a licence takes effect on the date on which notice of the suspension or cancellation is given to the holder of the licence or on such later date as may be specified in the notice.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
Division 4 Approval of registered training organisations
pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264P Approval of RTO and persons nominated as providers of high risk work assessments
(1) An RTO may apply to WorkCover for approval as a provider of high risk work assessments.(2) The application must:(a) be in the approved form, and(b) be accompanied by the application fee as determined by WorkCover, and(c) be accompanied by:(i) a copy of the RTO’s registration with the relevant State or Territory registering body, and(ii) the name of each person nominated by the RTO to be approved to carry out high risk work assessments (a nominated person), and(d) be lodged in the approved manner.(3) WorkCover may approve the RTO or may refuse the application for such reasons as it considers sufficient.(4) If WorkCover approves an RTO, WorkCover may approve each nominated person named in the application in respect of that RTO or may refuse to approve any such person for such reasons as it considers sufficient.(5) An approved RTO may at any time apply to have a nominated person approved as a provider of high risk work assessments in respect of that RTO.(6) WorkCover may approve the nominated person or may refuse the application for such reasons as it considers sufficient.(7) WorkCover cannot approve a nominated person under this clause unless the person is accredited as an assessor under Division 4 of Part 9.1.(8) If WorkCover approves an RTO or a nominated person, it must issue a notice of approval to the RTO.(9) If a person ceases to be a nominated person because that person is no longer under the supervision of, or in partnership with, the RTO in respect of which he or she is approved, the RTO must inform WorkCover of that matter within 14 days.(10) An RTO must not provide a high risk work assessment or advertise the provision of such assessments unless the RTO is approved for that purpose by WorkCover and the assessment is carried out by a nominated person approved in respect of that RTO.Maximum penalty: Level 3.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264Q Suspension and cancellation of approval
(1) WorkCover may suspend or cancel the approval of an RTO as a provider of high risk work assessments if it is satisfied that:(a) an approved nominated person in respect of the RTO has carried out an assessment of competency:(i) otherwise than in accordance with the guidelines issued by WorkCover in relation to the conduct of assessments, or(ii) in respect of a person who is under the age of 18 years, or(b) the RTO was approved on the basis of false or misleading information or a failure to disclose or provide required information, or(c) the RTO has had its approval suspended or cancelled under clause 218.(2) If the registration of an RTO is cancelled, any approval of the body and of each person nominated in respect of that RTO under this Division is immediately cancelled.(3) If the registration of an RTO is suspended, any approval of the RTO and of each person nominated in respect of that RTO under this Division is also suspended during that suspension.(4) WorkCover may suspend or cancel the approval of a nominated person if it is satisfied that:(a) the person is no longer competent to conduct high risk work assessments, or(b) the person has been convicted of an offence against the Act or the associated occupational health and safety legislation, or any regulation under the Act or that legislation, or of an offence against a corresponding law or any regulation under a corresponding law, or(c) the person was approved on the basis of false or misleading information or a failure to disclose or provide required information, or(d) the person has contravened the National Standard or a guideline relating to the conduct of high risk work assessments, or(e) the person has had his or her accreditation as an assessor suspended or cancelled under clause 287, or(f) the person has had his or her approval suspended or cancelled under clause 218, or(g) the person has carried out an assessment of competency for high risk work:(i) otherwise than in accordance with the National Standard or the guidelines issued by WorkCover in relation to the conduct of assessments, or(ii) otherwise than under the supervision of, or in partnership with, an RTO approved by WorkCover as a provider of high risk work assessments,(iii) in respect of a person who is under the age of 18 years.(5) Before suspending or cancelling the approval of an RTO or a nominated person, WorkCover:(a) must cause written notice of the proposed suspension or cancellation to be given to the RTO or person, and(b) must give the RTO or person reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and(c) must have regard to any representations so made.(6) If, after having regard to any representations made by the RTO or nominated person, WorkCover decides to proceed with the proposed suspension or cancellation, WorkCover must give to the RTO or nominated person a written notice:(a) stating that the approval is suspended or cancelled, and(b) in the case of a suspension, specifying the period for which the approval is suspended, and(c) giving reasons for the suspension or cancellation.(7) The suspension or cancellation takes effect on the date on which notice of the suspension or cancellation is given to the RTO or nominated person or such later date as may be specified in the notice.(8) An RTO or a nominated person is taken not to be approved during any period of suspension.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
Division 5 Issue of licences
pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264R Applications for licences
An application for the issue of or renewal of a licence to do high risk work:(a) must be lodged with an organisation nominated by WorkCover to accept such applications (including WorkCover itself if nominated), and(b) must be in the approved form, and(c) must be accompanied by such material or information to support the application (such as any relevant notice of satisfactory assessment) as WorkCover may require, and(d) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with the regulation of holders of licences of the class concerned.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264S Issue of licences
(1) WorkCover must issue a licence authorising a person to do a particular kind of high risk work if:(a) the person has complied with the application requirements in clause 264R, and(b) the person is the holder of a notice of satisfactory assessment, issued not more than 60 days before the date of the application, that indicates that the applicant is competent to do work of that kind, and(c) WorkCover is satisfied that the person can be relied on to do work of that kind without endangering the health or safety of that or any other person.(2) However, WorkCover may refuse to issue a licence to an applicant if:(a) the applicant is less than 18 years of age, or(b) any relevant licence, qualification or exemption held by the applicant has been suspended or cancelled within the previous 5 years.(3) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(4) For the purpose of determining the kind of high risk work for which a licence may be issued, WorkCover may (but is not required to) have regard to the classes of high risk work set out in the National Standard.(5) If a person applies for a licence and the person has previously held a licence of the same type as that applied for, or relating to the same kind of work as will be authorised by the licence applied for, WorkCover may, if it thinks it appropriate to do so, dispense with the requirement under subclause (1) (b).pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264T Form of licences
A licence must be in the approved form and must:(a) specify the following:(i) the name and date of birth of the person to whom it is issued,(ii) the date of its issue,(iii) a description of the kind of high risk work that the licence authorises its holder to do,(iv) a unique identifying number,(v) the expiry date of the licence if the licence is issued for a limited period,(vi) any conditions attached to the licence, and(b) contain a photograph of the person to whom it is issued.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264U Term of licences
(1) Unless sooner cancelled, a licence expires on the earlier of:(a) the day that is 5 years after its date of issue, or(b) the day that the licence is surrendered to an organisation nominated by WorkCover to accept surrendered licences (including WorkCover itself if nominated), or(c) the day that the holder of the licence is issued a new licence authorising the holder to do the same kind of work as the holder is authorised to do under the existing licence.(2) A licence is of no effect while it is suspended.(3) Despite subclause (1), if the holder of a licence has applied under this Division for the issue or renewal of a licence authorising the holder to do that same kind of work as the holder is authorised to do under the licence referred to in that subclause that is in force, the existing licence does not expire (unless it is cancelled) until WorkCover:(a) issues the licence applied for, or(b) gives the notice referred to in clause 264S (3).pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264V Renewal of licences
(1) WorkCover may, on the application of the holder of a licence, renew a licence.(2) Clause 264S applies to an application for the renewal of a licence in the same way as it applies to an application for the issue of a licence.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264W Replacement of lost, stolen, damaged or destroyed licences
(1) The holder of a licence that is lost, stolen, damaged or destroyed may apply to WorkCover for a replacement licence.(2) The application:(a) must be in the approved form, and(b) must be accompanied by a statement by the applicant that explains how, or the circumstances in which, the licence was lost, stolen, damaged or destroyed, and(c) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with issue of replacement licences.(3) WorkCover may issue a replacement licence if satisfied that the applicant’s licence has been lost, stolen, damaged or destroyed.(4) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(5) The holder of a licence that is replaced under this clause:(a) must within 7 days surrender the original licence if it is recovered, or(b) in the case of a damaged licence that is replaced, must within 7 days surrender the damaged licence.Maximum penalty (subclause (5)): Level 1.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264X Holder to produce licence
(1) An inspector may direct a person doing high risk work to produce for inspection immediately:(a) the licence, recognised qualification or exemption (including a notice of satisfactory assessment that was issued within the previous 60 days) that authorises the person to do the work or, if the person is a trainee, the person’s record of training in relation to the work, and(b) a sample of the person’s usual signature.(2) A person to whom such a direction is given must not fail to comply with the direction.Maximum penalty: Level 1.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
Division 6 Suspension or cancellation of licences
pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264Y Suspension or cancellation of licences
(1) WorkCover may suspend or cancel a licence if satisfied that:(a) the holder of the licence is no longer competent to do work of the kind authorised by the licence, or(b) the holder of the licence can no longer be relied on to do work of the kind authorised by the licence without endangering the health or safety of the holder or any other person, or(c) the licence was obtained on the basis of false or misleading information or a failure to disclose or provide required information.(2) Before suspending or cancelling a licence, WorkCover:(a) must cause written notice of the proposed suspension or cancellation to be given to the holder of the licence, and(b) must give the holder of the licence a reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and(c) must have regard to any representations so made.(3) If, after having regard to any representations made by the holder of the licence, WorkCover decides to proceed with the proposed suspension or cancellation, WorkCover must give to the holder a written notice:(a) stating that the licence is suspended or cancelled, and(b) in the case of a suspension, specifying the period for which the licence is suspended, and(c) giving reasons for the suspension or cancellation.(4) The suspension or cancellation takes effect on the date on which notice of the suspension or cancellation is given to the holder of the licence or such later date as may be specified in the notice.(5) To remove any doubt, WorkCover may suspend or cancel a licence on grounds arising wholly or partly outside New South Wales.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264Z Immediate suspension
(1) An inspector may, by notice served on the holder of a licence, immediately suspend the licence for a period of up to 10 days from the day on which the notice is served if the inspector has a reasonable concern about:(a) the competency of the holder to do work of the kind authorised by the licence, or(b) the reliability of the holder to do work of the kind authorised by the licence without endangering the health or safety of the holder or any other person.(2) The notice of suspension:(a) must be in writing, and(b) must give reasons for the suspension, and(c) must specify the period for which the licence is suspended, and(d) must state that the holder of the licence may object to the suspension by providing WorkCover with reasons why the suspension should not be maintained for that period.(3) WorkCover must immediately terminate the suspension and give written notice to the holder of the licence of that fact if, after considering any objection by the holder, WorkCover is satisfied that the suspension should not be maintained.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264ZA Cancelled licences must be surrendered
The holder of a licence that is cancelled must return the licence to WorkCover within such period as may be specified in the notice of cancellation.Maximum penalty: Level 1.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
Division 7 Savings and transitional provision
pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
264ZB Saving of certain certificates of competency
(1) A certificate of competency issued under Part 9.1 before 1 September 2009 is taken to be a licence issued under this Part if the certificate was issued for the kind of work for which a licence may be issued under this Part.(2) A licence to which subclause (1) applies expires (subject to clause 264U (3)) on the day on which the certificate of competency would have expired if this Part had not commenced unless sooner cancelled or surrendered under this Part.pt 9.1A, divs 1–7 (cll 264A–264ZB): Ins 2009 (443), Sch 1 [17].
Part 9.1 Certificates of competency for pesticides, fumigants and certain loadshifting machines
pt 9.1, hdg: Subst 2009 (443), Sch 1 [18].
Division 1 Preliminary
265 Definitions
In this Part:assessor means:(a) WorkCover, or(b) a person who is accredited as an assessor under Division 4, or(c) a registered training organisation.certificate of competency means a certificate of competency issued under this Part.Note—The definition includes former authorities taken to be certificates of competency. See clause 268.corresponding law means any of the following laws:Occupational Health and Safety Act 1985 of VictoriaWorkplace Health and Safety Act 2004 of QueenslandOccupational Health, Safety and Welfare Act 1986 of South AustraliaOccupational Safety and Health Act 1984 of Western AustraliaWorkplace Health and Safety Act 1995 of TasmaniaWorkplace Health and Safety Act 2007 of the Northern TerritoryScaffolding and Lifts Act 1912 and Machinery Act 1949 of the Australian Capital Territoryfumigant means any of the following chemicals:(a) methyl bromide,(b) phosphine,(c) ethylene oxide (except single dose canisters),(d) ethylene dichloride,(e) carbon disulphide,(f) chloropicrin,(g) hydrogen cyanide.fumigation means the use of a fumigant.loadshifting machine means a dragline, excavator, front-end loader, front-end loader/backhoe, or front-end loader of the skid-steer type.National Certification Standard means the document entitled National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment (NOHSC: 1006) published by the NOHS Commission, as in force from time to time.National Competency Guidelines means the document entitled National Guidelines for Occupational Health and Safety Competency Standards for the Operation of Loadshifting Equipment and Other Types of Specified Equipment (NOHSC: 7019) published by the NOHS Commission, as in force from time to time.National Standard for Licensing Pest Management Technicians means the document entitled National Standard for Licensing Pest Management Technicians published in 1999 by the National Environmental Health Forum (National Environmental Health Monographs General Series No 4).notice of satisfactory assessment means:(a) in relation to the application of pesticides or the use of fumigants, a qualification or statement of attainment issued by an RTO, or(b) in any other case, a notice of satisfactory assessment issued under clause 281 or a record of assessment issued under a corresponding law that, in WorkCover’s opinion, is equivalent to such a notice of satisfactory assessment.pesticide means a pesticide within the meaning of the Pesticides Act 1999.recognised course of training means a course of training that is recognised in accordance with clause 271 (2).recognised qualification—see clause 269.registered training organisation or RTO has the same meaning as in the Vocational Education and Training Act 2005.supervisor, in relation to a trainee, means a person who is designated as the trainee’s supervisor under clause 273 (2).trainee, in relation to work to which this Part applies, means an unqualified person who is engaged in a recognised course of training for that kind of work and who is of or above the age of 17 years.unqualified person means a person who does not hold a recognised qualification.cl 265: Am 11.2.2005; 2005 No 100, Sch 3.11 [5]. Subst 2009 (443), Sch 1 [19].
266 Scheduled work
For the purposes of this Part, scheduled work means work of a kind listed under the subheadings in the following Schedule:Schedule of work for which qualifications are required1.1–9 (Repealed)Operation and use of loadshifting machines10.1, 10.2 (Repealed)10.3 Operation and use of a dragline.10.4 Operation and use of an excavator.10.5 Operation and use of a front-end loader.10.6 Operation and use of a front-end loader/backhoe.10.7 Operation and use of a front-end loader of the skid-steer type.Application of pesticides11 Application of pesticides (other than fumigants), but not including the following:(a) the application of pesticides by a person for the purposes of the carrying out of agriculture by the person, including:(i) horticulture, or(ii) the use of land for any purpose of husbandry, such as the keeping or breeding of livestock, poultry or bees, orbut not including the processing or storing of agricultural products unless undertaken in connection with another agricultural purpose carried out by the person,(iii) the growing of fruit and vegetables,(b) the application of pesticides as authorised by or under the Pesticides Act 1999.Use of fumigants12 Use of fumigants.cl 266: Am 11.2.2005; 2009 (443), Sch 1 [20] [21].
267 Application of Part
(1) This Part applies to scheduled work.(2) This Part applies only if that work is work as an employee or self-employed person.(3) (Repealed)(4) Despite subclause (1), this Part does not apply to scheduled work listed in items 10.3–10.7 of the Schedule to clause 266 when carried out at a mining workplace that is a mine, or at a coal workplace.cl 267: Am 2008 (193), Sch 1 [117]; 2009 (443), Sch 1 [22] [23].
267A 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.cl 267A: Ins 2007 (528), Sch 1 [1].
268 Former authorities
(1) In this clause, means:(a) a certificate of competency in force under an Act or regulation repealed by the Occupational Health and Safety Act 2000 immediately before that repeal (being a certificate of competency of a kind that could be issued under this Part), and(b) a pest control operator’s licence, or fumigation permit, in force under the Occupational Health and Safety (Pest Control) Regulation 1988 immediately before its repeal.(2) Unless sooner cancelled, a former authority is taken to be a certificate of competency issued under this Part authorising the doing of the same kind of work to which the authority relates until the expiration of the term (if any) for which the authority was issued.
269 Recognised qualifications
(1) The following qualifications are recognised for the purposes of this Part in relation to scheduled work (other than work that involves the application of pesticides or the use of fumigants):(a) a qualification in force under a corresponding law,(b) a certificate of competency (however described) approved by WorkCover for the purposes of this clause.(2) The following qualifications are recognised for the purposes of this Part in relation to scheduled work that involves the application of pesticides or the use of fumigants:(a) a qualification obtained in another State or in a Territory, being a qualification approved by WorkCover for the purposes of this clause,(b) a certificate of competency (however described) approved by WorkCover for the purposes of this clause.(3) A recognised qualification within the meaning of the Occupational Health and Safety (Certificates of Competency) Regulation 1996 is a recognised qualification for the purposes of this Part.(4) A qualification does not have any force for the purposes of this Part while it is suspended or after it has been cancelled.cl 269: Am 2007 (528), Sch 1 [2].
Division 2 Work for which certificates of competency or recognised qualifications are required
270 Requirement to be qualified to do scheduled work
(1) A person must not do any kind of scheduled work unless the person holds a certificate of competency or recognised qualification in relation to work of that kind.Maximum penalty: Level 3.(2) A person must not employ, direct or allow another person to do any kind of scheduled work unless the person doing the work holds a certificate of competency or recognised qualification in relation to work of that kind.Maximum penalty: Level 3.(3) A person must not:(a) contravene the conditions of a certificate of competency or recognised qualification held by the person, or(b) direct or allow another person to contravene the conditions of a certificate of competency or recognised qualification held by that other person.Maximum penalty: Level 3.(4) This clause is subject to the other provisions of this Part.Note—Additional exemptions may be granted by WorkCover under Chapter 12.
271 Exception for trainees
(1) A trainee may do any kind of scheduled work to which a recognised course of training in which the trainee is engaged relates if the person:(a) does the work under the supervision of a supervisor, and(b) keeps and maintains a record of training in accordance with the requirements of clause 275.(2) For the purposes of this clause, a course of training is recognised in relation to a person if, when the person began that course, the course was recognised by the guidelines issued by WorkCover in relation to the training of trainees.
272 Responsibility for providing supervision of trainees
For the purposes of this Division, the person responsible for ensuring that a trainee is properly supervised in the doing of scheduled work is:(a) in the case of a trainee who is doing the work as an employee, the person’s employer, or(b) in the case of a trainee who is doing the work under contract as an independent contractor, the person for whom he or she is doing the work under that contract, or(c) in the case of a trainee who is doing the work while engaged in a course of training for that work, the person by whom that course is being conducted, or(d) in the case of a trainee who is doing the work under an arrangement with some other person (whether or not for reward) otherwise than as referred to in paragraph (a), (b) or (c), that other person.
273 Responsible person’s obligations
(1) The person responsible for a trainee doing scheduled work must ensure that the following requirements are complied with:(a) the trainee must at all times be directly supervised by a supervisor designated by the person in accordance with subclause (2), unless the responsible person or supervisor has established:(i) that the trainee’s competency makes direct supervision unnecessary, and(ii) that a lesser degree of supervision would not endanger the health or safety of the trainee or any other person,(b) the trainee must receive directions, demonstrations, training and monitoring appropriate to the work and commensurate with the competence of the trainee,(c) it must be possible for immediate remedial action to be taken in the event of an emergency arising out of the trainee’s doing the work.Maximum penalty: Level 3.(2) The person responsible for a trainee may designate a supervisor for the trainee only if:(a) the supervisor is a person who holds a certificate of competency or recognised qualification in relation to work of the kind being done by the trainee, or(b) if no such person is available, the supervisor is a person who belongs to a class of persons that the guidelines issued by WorkCover in relation to the supervision of trainees recognise as competent to directly supervise a trainee in the doing of the type of work concerned.(3) The person responsible for a trainee must ensure that the trainee keeps and maintains a record of training in accordance with clause 275.Maximum penalty (subclause (3)): Level 1.
274 Supervisor’s obligations
(1) The supervisor of a trainee doing scheduled work must directly supervise the trainee while the trainee is doing the work, unless the employer of the trainee or the supervisor has established:(a) that the trainee’s competency makes direct supervision unnecessary, and(b) that a lesser degree of supervision would not endanger the health or safety of the trainee or any other person.Maximum penalty: Level 3.(2) A supervisor designated to supervise a trainee by the trainee’s employer:(a) must ensure that the trainee keeps and maintains a record of training in accordance with clause 275, and(b) must check the record on each date on which the scheduled work is done by the trainee, and:(i) if satisfied that the record is correct in respect of that date, must sign the record on that date, or(ii) if not so satisfied, must make and sign on that date a note to that effect on the record.Maximum penalty (subclause (2)): Level 1.
275 Trainee’s obligations
(1) A trainee must keep and maintain a record of training.(2) The record must contain the following information in relation to scheduled work of the kind to which the training relates:(a) the name and address of the trainee,(b) the name and address of each employer for whom the trainee does that work,(c) the name of each person who supervises the trainee while the trainee is doing that work,(d) a description of that work as it is actually done by the trainee in the course of training,(e) a record of the dates on which that work was done.Maximum penalty: Level 1.
276 Exception for holders of notices of satisfactory assessment
(1) An unqualified person who has been issued with a notice of satisfactory assessment that indicates that the person is competent to do a specified kind of scheduled work may do work of that kind until the expiration of 60 days after the date of issue of the notice.(2) If the person applies to WorkCover for a certificate of competency within that period, the person may continue to do work of that kind:(a) until the person is issued with a certificate of competency, or(b) until 14 days after the person receives notice that the application has been refused.
277 Exception for maintenance or demonstration
(1) An unqualified person may do any kind of scheduled work that involves the operation or use of plant if the work:(a) does not involve operating or using the plant for the purpose for which it was designed, and(b) is done solely for the purpose of the testing, trialling, installing, commissioning, maintaining, servicing, repairing, altering or disposing of the plant.(2) (Repealed)cl 277: Am 2009 (443), Sch 1 [24] [25].
Division 3 Assessment of competency
278 Standards of competency
(1) A person is competent to do a particular kind of scheduled work if the person’s competency to do the work is of a standard equal to or better than the appropriate competency standard.(2) (Repealed)(3) For the purposes of this Chapter, the appropriate competency standard for scheduled work involving the operation or use of a loadshifting machine is:(a) the standard of competency set out in the National Competency Guidelines in relation to that work, or(b) any other standard of competency that WorkCover considers to be equivalent to that standard.(4) For the purposes of this Chapter, the appropriate competency standard for work that involves the application of pesticides or the use of fumigants is the standard of competency set out in relation to that work in the National Standard for Licensing Pest Management Technicians.cl 278: Am 2009 (443), Sch 1 [25].
279 (Repealed)
cl 279: Am 19.3.2004. Rep 2009 (443), Sch 1 [25].
280 Applications for assessment
(1) A person may apply to an assessor for an assessment of the person’s competency to do scheduled work if the person is at least 18 years of age.(2) The application:(a) must be in the approved form, and(b) must be accompanied by such material or information to support the application as the assessor may require, and(c) in the case of an application to WorkCover, must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with the regulation of assessments.(3) An applicant must provide proof of the applicant’s age and identity to the assessor.
281 Assessment of competency
(1) (Repealed)(2) If the assessor assesses the applicant as being competent to do scheduled work, the assessor must issue to the applicant a notice of satisfactory assessment specifying the scheduled work that the applicant has been assessed as being competent to do.(3) An assessor (other than WorkCover or a registered training organisation), or a person employed or otherwise engaged by a registered training organisation, who does any of the following is guilty of an offence:(a) assesses an applicant’s competency to do scheduled work otherwise than in accordance with the guidelines applicable under clause 282 in relation to the conduct of assessments for such work,(b) issues a notice of satisfactory assessment without assessing the applicant as being competent to do the scheduled work specified in the notice,(c) falsely assesses the applicant as being competent to do scheduled work,(d) assesses an applicant’s competency to do scheduled work, being aware that the applicant has been assessed in relation to the same kind of work within the previous 21 days,(e) refuses to issue a notice of satisfactory assessment in respect of the scheduled work despite having assessed the applicant as being competent to do the work.Maximum penalty (subclause (3)): Level 4.cl 281: Am 19.3.2004.
282 Assessment guidelines
(1) An assessor who assesses an applicant’s competency to do scheduled work (other than scheduled work involving the application of pesticides or the use of fumigants) must do so in accordance with the guidelines issued by WorkCover in relation to the conduct of assessments.(2) Such guidelines may make provision for any one or more of the following matters:(a) techniques for directly observing the applicant’s performance of the work under workplace conditions,(b) simulated work-related tasks to be performed,(c) checklists to be completed by the applicant,(d) projects or assignments to be completed by the applicant,(e) test questions,(f) any other methods of assessment.(3) An assessor who assesses an applicant’s competency to do scheduled work involving the application of pesticides or the use of fumigants must do so in accordance with the document entitled “National Assessment Principles” published by the Australian National Training Authority in March 1999.
283 Appeals against decisions by assessors
(1) A person who is affected by a decision of an assessor (other than a decision of a registered training organisation) may apply to WorkCover for a review of the decision.(2) An application for review under this clause must be made in writing within 14 days after the applicant receives notice of the relevant decision.(3) The decision of WorkCover on an application under this clause has effect as if it were the decision by an assessor.
283A Assessment of competency at direction of WorkCover
(1) A written notice directing a person to have his or her competency assessed may be given, at any time, by WorkCover:(a) to a person who is the holder of a certificate of competency, or(b) to a person whose certificate of competency is suspended, or(c) to a person who has lodged an application for the issue or renewal of a certificate of competency.(2) WorkCover may suspend, cancel or refuse to issue or renew the certificate of competency if the person refuses or fails to comply, without reasonable excuse, with the requirements set out in the notice.(3) If WorkCover decides to suspend, cancel or refuse to issue or renew a certificate of competency under this clause, WorkCover must give the person written notice:(a) stating that the certificate has been suspended or cancelled, or that the application for the issue or renewal of a certificate has been refused, and(b) giving reasons for the suspension, cancellation or refusal, and(c) in the case of a suspension, stating the period for which the certificate is suspended.(4) The suspension or cancellation of a certificate of competency takes effect on the date on which notice of the suspension or cancellation is given to the holder of the certificate or on such later date as may be specified in the notice.cl 283A: Ins 2007 (528), Sch 1 [3].
Division 4 Accreditation of assessors
284 Accreditation of assessors
(1) Any person may apply to WorkCover for accreditation as an assessor.(2) The application:(a) must be in the approved form, and(b) must be accompanied by such material or information to support the application as WorkCover may require, and(c) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with the regulation of assessors.(2A) WorkCover may accredit the applicant as an assessor or may refuse the application for such reason as it considers sufficient, even if it is satisfied that the applicant is competent to carry out the functions of an assessor under this Chapter.(3) WorkCover must not accredit a person as an assessor unless it is satisfied that the applicant is competent to carry out the functions of an assessor under this Chapter.(4) If WorkCover accredits a person as an assessor, it must issue to the person a certificate of accreditation for the kinds of assessments for which the person is accredited.(5) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(6) An accredited assessor must not conduct assessments or advertise the provision of assessments unless the assessor is accredited for that purpose by WorkCover.Maximum penalty: Level 3.cl 284: Am 19.12.2003; 2009 (443), Sch 1 [26].
285 Form of certificates of accreditation
A certificate of accreditation for an assessor must be in the approved form and must specify:(a) the date on which it was issued, and(b) the date on which accreditation expires, and(c) the kinds of assessment for which the assessor is accredited.
286 Term of accreditation
(1) Unless sooner cancelled, a person’s accreditation as an assessor is in force for 3 years, or such shorter time as is specified in the certificate of accreditation, from the date on which the assessor was issued with a certificate of accreditation.(2) A person’s accreditation is of no effect while it is suspended.cl 286: Am 19.12.2003.
287 Suspension and cancellation of accreditation
(1) WorkCover may suspend or cancel the accreditation of a person who is accredited as an assessor if it is satisfied that:(a) the assessor is no longer competent to carry out the kinds of assessments for which the assessor is accredited, or(b) the assessor has been convicted of an offence against the Act or the associated occupational health and safety legislation, or any regulation under the Act or that legislation, or of an offence against a corresponding law or any regulation under a corresponding law, or(c) the assessor was accredited on the basis of false or misleading information or a failure to disclose or provide required information, or(d) the assessor has carried out an assessment of competency:(i) otherwise than in accordance with the guidelines issued by WorkCover in relation to the conduct of assessments, or(ii) in the case of an assessor who has carried out an assessment under a corresponding law, otherwise than in accordance with that law or any guidelines in force under that law, or(e) the person has had his or her registration to conduct OHS induction training suspended or cancelled under clause 218, or(f) the assessor has had his or her accreditation in another jurisdiction suspended or cancelled.(2) Before suspending or cancelling an assessor’s accreditation, WorkCover:(a) must cause written notice of the proposed suspension or cancellation to be given to the assessor, and(b) must give the assessor a reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and(c) must have regard to any representations so made.(3) If, after having regard to any representations made by the assessor, WorkCover decides to proceed with the proposed suspension or cancellation, WorkCover must give to the assessor a written notice:(a) stating that the accreditation is suspended or cancelled, and(b) in the case of a suspension, specifying the period for which the accreditation is suspended, and(c) giving reasons for the suspension or cancellation.(4) The suspension or cancellation takes effect on the date on which notice of the suspension or cancellation is given to the assessor or such later date as may be specified in the notice.cl 287: Am 19.3.2004; 2009 (443), Sch 1 [27].
287A Immediate suspension
(1) An inspector may, by written notice served on the holder of a certificate of accreditation, immediately suspend the certificate for a period of up to 10 days if the inspector has a reasonable concern about:(a) the holder’s integrity, or(b) the holder’s competency to exercise the functions of an assessor.(2) The notice of suspension:(a) must specify the period for which the certificate is suspended, and(b) must give reasons for the suspension, and(c) must state that the holder of the certificate may object to the suspension by providing WorkCover with reasons why the suspension should not be maintained for that period.(3) WorkCover must immediately terminate the suspension and give written notice to the holder of the certificate of that fact if, after considering any objection by the holder, WorkCover is satisfied that the suspension should not be maintained.cl 287A: Ins 19.3.2004. Am 2004 No 55, Sch 2.25 [1].
288 Cancelled certificates of accreditation must be surrendered
The holder of a certificate of accreditation that is cancelled must return the certificate to WorkCover within such period as may be specified in the notice of cancellation.Maximum penalty: Level 1.
Division 5 Issue of certificates of competency
289 Applications for certificates
An application for the issue of or renewal of a certificate of competency to do scheduled work:(a) must be lodged with an organisation nominated by WorkCover to accept such applications (including WorkCover itself if nominated), and(b) must be in the approved form, and(c) must be accompanied by such material or information to support the application (such as any relevant notice of satisfactory assessment) as WorkCover may require, and(d) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with the regulation of holders of certificates of competency of the class concerned.cl 289: Am 2006 (520), Sch 1 [1] [2].
290 Issue of certificates
(1) WorkCover must issue a certificate of competency authorising a person to do a particular kind of scheduled work if:(a) the person has complied with the application requirements in clause 289, and(b) the person is the holder of a notice of satisfactory assessment, issued not more than 60 days before the date of the application, that indicates that the applicant is competent to do work of that kind, and(c) WorkCover is satisfied that the person can be relied on to do work of that kind without endangering the health or safety of that or any other person.(2) However, WorkCover may refuse to issue a certificate of competency to an applicant if:(a) the applicant is less than 18 years of age, or(b) any relevant certificate, qualification or exemption held by the applicant has been suspended or cancelled within the previous 5 years.(3) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(4) For the purpose of determining the kind of scheduled work for which a certificate of competency may be issued, WorkCover may (but is not required to) have regard to the certificate classifications set out in the National Certification Standard, the National Competency Guidelines and the National Standard for Licensing Pest Management Technicians.(5) If a person applies for a certificate of competency and the person has previously held a certificate of competency of the same type as that applied for, or relating to the same kind of work as will be authorised by the certificate applied for, WorkCover may, if it thinks it appropriate to do so, dispense with the requirement under subclause (1) (b).cl 290: Am 2006 (520), Sch 1 [3].
291 (Repealed)
cl 291: Am 2006 (520), Sch 1 [4]. Rep 2009 (443), Sch 1 [25].
292 Form of certificates
(1) A certificate of competency must be in the approved form and must:(a) specify the following:(i) the name and date of birth of the person to whom it is issued,(ii) the date of its issue,(iii) a description of the kind of work that the certificate authorises its holder to do,(iv) a unique identifying number,(v) the expiry date of the certificate if the certificate is issued for a limited period,(vi) any conditions attached to the certificate, and(b) contain a photograph of the person to whom it is issued.(2) The holder of a certificate of competency must sign the certificate as soon as practicable after receiving it.cl 292: Subst 2009 (443), Sch 1 [28].
293 Term of certificates
(1) Unless sooner cancelled, a certificate of competency expires on the earlier of:(a) the day that the certificate is surrendered to an organisation nominated by WorkCover to accept surrendered certificates (including WorkCover itself if nominated), or(b) the day that the holder of the certificate is issued a new certificate of competency authorising the holder to do the same kind of work as the holder is authorised to do under the existing certificate.(2) A certificate of competency is of no effect while it is suspended.(3) Despite subclause (1), if the holder of a certificate of competency has applied under this Division for the issue or renewal of a certificate of competency authorising the holder to do that same kind of work as the holder is authorised to do under the certificate referred to in that subclause that is in force, the existing certificate does not expire until WorkCover:(a) issues the certificate applied for, or(b) gives the notice referred to in clause 290 (3).cl 293: Am 19.3.2004. Subst 2006 (520), Sch 1 [5]. Am 2007 (528), Sch 1 [4] [5]. Subst 2009 (443), Sch 1 [28].
293A Renewal of certificates
(1) WorkCover may, on the application of the holder of a certificate of competency, renew a certificate of competency.(2) Clause 290 applies to an application for the renewal of a certificate of competency in the same way as it applies to an application for the issue of a certificate of competency.cl 293A: Ins 19.3.2004. Subst 2006 (520), Sch 1 [6].
294 Replacement of lost, stolen, damaged or destroyed certificates of competency
(1) The holder of a certificate of competency that is lost, stolen, damaged or destroyed may apply to WorkCover for a replacement certificate.(2) The application:(a) must be in the approved form, and(b) must be accompanied by a statutory declaration by the applicant that explains how, or the circumstances in which, the certificate was lost, stolen, damaged or destroyed, and(c) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with issue of replacement certificates.(3) WorkCover may issue a replacement certificate if satisfied that the applicant’s certificate of competency has been lost, stolen, damaged or destroyed.(4) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(5) The holder of a certificate of competency that is replaced under this clause:(a) must surrender the original certificate if it is recovered, or(b) in the case of a damaged certificate that is replaced, must surrender the damaged certificate.Maximum penalty (subclause (5)): Level 1.
295 Holder to produce certificate
(1) An inspector may direct a person doing scheduled work to produce for inspection immediately:(a) the recognised qualification or exemption that authorises the person to do the work or, if the person is a trainee, the person’s record of training in relation to the work, and(b) a sample of the person’s usual signature.(2) A person to whom such a direction is given must not fail to comply with the direction.Maximum penalty: Level 1.
Division 6 Suspension or cancellation of certificates of competency
296 Suspension or cancellation of certificates
(1) WorkCover may suspend or cancel a certificate of competency if satisfied that:(a) the holder of the certificate is no longer competent to do work of the kind authorised by the certificate, or(b) the holder of the certificate can no longer be relied on to do work of the kind authorised by the certificate without endangering the health or safety of the holder or any other person, or(c) the certificate was obtained on the basis of false or misleading information or a failure to disclose or provide required information.(2) Before suspending or cancelling a certificate of competency, WorkCover:(a) must cause written notice of the proposed suspension or cancellation to be given to the holder of the certificate, and(b) must give the holder of the certificate a reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and(c) must have regard to any representations so made.(2A), (2B) (Repealed)(3) If, after having regard to any representations made by the holder of the certificate, WorkCover decides to proceed with the proposed suspension or cancellation, WorkCover must give to the holder a written notice:(a) stating that the certificate is suspended or cancelled, and(b) in the case of a suspension, specifying the period for which the certificate is suspended, and(c) giving reasons for the suspension or cancellation.(4) The suspension or cancellation takes effect on the date on which notice of the suspension or cancellation is given to the holder of the certificate or such later date as may be specified in the notice.(5) To remove any doubt, WorkCover may suspend or cancel a certificate of competency on grounds arising wholly or partly outside New South Wales.cl 296: Am 19.12.2003; 19.3.2004; 2007 (528), Sch 1 [6].
297 Immediate suspension
(1) An inspector may, by notice served on the holder of a certificate of competency, immediately suspend the certificate for a period of up to 10 days if the inspector has a reasonable concern about:(a) the competency of the holder to do work of the kind authorised by the certificate, or(b) the reliability of the holder to do work of the kind authorised by the certificate without endangering the health or safety of the holder or any other person.(2) The notice of suspension:(a) must be in writing, and(b) must give reasons for the suspension, and(c) must specify the period for which the certificate is suspended, and(d) must state that the holder of the certificate may object to the suspension by providing WorkCover with reasons why the suspension should not be maintained for that period.(3) WorkCover must immediately terminate the suspension and give written notice to the holder of the certificate of that fact if, after considering any objection by the holder, WorkCover is satisfied that the suspension should not be maintained.
298 Cancelled certificates must be surrendered
The holder of a certificate of competency that is cancelled must return the certificate to WorkCover within such period as may be specified in the notice of cancellation.Maximum penalty: Level 1.
Part 9.2
299–316 (Repealed)
pt 9.2: Rep 2010 (2), Sch 1 [1].
pt 9.2, div 1: Rep 2010 (2), Sch 1 [1].
cl 299: Rep 2010 (2), Sch 1 [1].
cl 299A: Ins 2008 (193), Sch 1 [118]. Rep 2010 (2), Sch 1 [1].
cl 300: Rep 2010 (2), Sch 1 [1].
pt 9.2, div 2: Rep 2010 (2), Sch 1 [1].
pt 9.2, div 3 (cll 301–307): Rep 2010 (2), Sch 1 [1].
pt 9.2, div 4: Rep 2010 (2), Sch 1 [1].
cll 308–310: Rep 2010 (2), Sch 1 [1].
cl 311: Am 19.3.2004; 2008 (193), Sch 2 [30] [31]. Rep 2010 (2), Sch 1 [1].
cl 311A: Ins 19.3.2004. Rep 2010 (2), Sch 1 [1].
cll 312: Rep 2010 (2), Sch 1 [1].
cll 313: Rep 2010 (2), Sch 1 [1].
pt 9.2, div 5 (cll 314–316): Rep 2010 (2), Sch 1 [1].
Chapter 10 Licensing of certain businesses
Part 10.1 Preliminary
317 Definitions
(1) In this Chapter:asbestos means the fibrous form of those mineral silicates that belong to the serpentine or amphibole groups of rock-forming minerals, including actinolite, amosite (brown asbestos), anthophyllite, chrysotile (white asbestos), crocidolite (blue asbestos) and tremolite.bonded asbestos material means any material (other than friable asbestos material) that contains asbestos.bonded asbestos removal work means work in which bonded asbestos material is removed, repaired or disturbed.demolition work means any one or more of the following:(a) work comprising the total demolition of any building, structure or installation that is 10 metres or more in height,(b) work comprising the partial demolition of any building, structure or installation that is 10 metres or more in height so as to affect its structural integrity,(c) work comprising the total or partial demolition of any building, structure or installation, being work involving the use of load shifting machinery on suspended floors,(d) work comprising the total or partial demolition of pre-tensioned or post-tensioned structural components of a building or structure,(e) work done to a building, structure or installation that is 4 metres or more in height, being work involving mechanical demolition,(f) work done to a building, structure or installation involving explosives or methods of induced collapse (that is, where the structural stability of the whole or part of the building, structure or installation is deliberately altered in such a way that the collapse ensues suddenly).friable asbestos material means any material that contains asbestos and is in the form of a powder or can be crumbled, pulverised or reduced to powder by hand pressure when dry.friable asbestos removal work means work in which friable asbestos material is removed, repaired or disturbed.licence means a licence to carry on the business of licensed work granted and in force under this Chapter.Note—Certain former licences and certificates are taken to be licences granted under this Chapter. See Part 10.4.licensed work means work of one of the following kinds:(a) demolition work,(b) restricted demolition work,(c) friable asbestos removal work, other than:(i) work done by a person, at the person’s usual place of business, at a frequency of one hour per week or less, or(ii) work done for the purpose only of obtaining a sample of asbestos for identification, or(iii) work done for the purpose only of non-asbestos mining where rock or tailings containing naturally occurring asbestos is removed or disturbed,(d) bonded asbestos removal work, other than:(i) work done for the purpose only of obtaining a sample of asbestos for identification, or(ii) work done in relation to bonded asbestos material having a total surface area of less than the maximum allowable area specified in subclause (3), or(iii) work done for the purpose only of non-asbestos mining where rock or tailings containing naturally occurring asbestos is removed or disturbed.restricted demolition work means demolition work other than work comprising the following:(a) demolition of chemical installations,(b) demolition above 15 metres in height,(c) demolition using a tower crane on site,(d) demolition using a mobile crane with a rated capacity of more than 100 tonnes,(e) demolition of pre-tensioned or post-tensioned structures,(f) demolition involving floor propping,(g) demolition using explosives.(2) For the purposes of this Chapter:(a) a person carries on a business if the person carries on the business personally, in partnership or by employees or agents or if the person advertises that the person carries on such a business, and(b) a person does work if the person does the work personally, in partnership or by employees or agents.(3) For the purposes of paragraph (d) (ii) of the definition of licensed work in subclause (1), the maximum allowable area is:(a) 200 square metres in relation to work commenced before 1 July 2007 and completed before:(i) 1 July 2007, orwhichever is the later, or(ii) the day that is 2 months after the commencement of that work,(b) 50 square metres in relation to work commenced on or after 1 July 2007, but before 1 January 2008, and completed before:(i) 1 January 2008, orwhichever is the later, or(ii) the day that is 2 months after the commencement of that work,(c) 10 square metres in relation to work commenced on or after 1 January 2008.cl 317: Am 2007 (216), Sch 1 [1] [2]; 2008 (193), Sch 1 [119] [120].
Part 10.2 Licences required for demolition or asbestos removal work
318 Licensed work not to be carried on without a licence
(1) A person must not carry on the business of licensed work otherwise than in accordance with a licence relating to that work.(2) A person must not employ, direct or allow another person to do licensed work unless that person holds a licence relating to that work.(3) For the purposes of subclauses (1) and (2), a licence to carry on the business of friable asbestos removal work also authorises the holder to carry on the business of bonded asbestos removal work.(4) A person must not:(a) contravene the conditions of a licence, or(b) direct or allow another person to contravene the conditions of a licence.Maximum penalty: Level 3.Note—See definition of licensed work in clause 317. Generally, a licence is not required for the manual demolition of a building, structure or installation under 10 metres in height.cl 318: Am 2008 (140), Sch 1 [5] [6].
Part 10.3 Provisions relating to licences
Note—
A decision of WorkCover to refuse an application for a licence, to impose conditions on a licence or to suspend or cancel a licence under this Part is subject to review by the Administrative Decisions Tribunal (also note that a failure to determine an application within 3 months is taken to be a refusal). See Part 12.5.
319 Applications for licences or renewals
(1) An application for the grant of a new licence or renewal of an existing licence:(a) must, in the case of the grant of a new licence, specify the class or classes of licensed work for which the licence is required, and(b) must be in the approved form, and(c) must be accompanied by such material or information to support the application as WorkCover may require, and(d) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with applications for licences, or renewals of licences, of the class concerned, and(e) must be lodged in a manner approved by WorkCover.(2) The fee fixed under subclause (1) (d) for an application for a licence to carry on the business of demolition work or restricted demolition work (or both) and bonded asbestos removal work is not to exceed the fee for an application to carry on the business of demolition work or restricted demolition work (or both) but not bonded asbestos removal work.(3) An application by persons who intend to carry on business in partnership may be made by any one or more of those persons.cl 319: Subst 2008 (140), Sch 1 [7].
320 Eligibility for licence
(1) A person is eligible for a licence if WorkCover is satisfied that:(a) in the case of an individual:(i) the individual is of or above the age of 18 years, and(ii) the individual is a fit and proper person to hold a licence, and(iii) the individual has appropriate qualifications in relation to the relevant licensed work, and(iv) appropriate arrangements exist to ensure that the individual’s employees do not do licensed work unless they have had training in safe working methods in relation to the licensed work, and(b) in the case of a corporation:(i) the corporation is a fit and proper person to hold a licence, and(ii) each director of the corporation would, if he or she were the applicant, be a fit and proper person to hold a licence, and(iii) at least one individual engaged in the management of the corporation has appropriate qualifications in relation to the licensed work, and(iv) appropriate arrangements exist to ensure that the corporation’s employees do not do the licensed work unless they have had training in safe working methods in relation to the licensed work, and(c) appropriate arrangements exist to ensure that, during the carrying out of the licensed work, a person holding appropriate qualifications in relation to the licensed work (whether or not the holder of the licence) will supervise the carrying out of the work.(2) For the purposes of this Chapter, a person holds appropriate qualifications in relation to licensed work if the person:(a) has demonstrated his or her knowledge of safe working methods in relation to the licensed work, and(b) has completed a course of training recognised by WorkCover in relation to the licensed work, and(c) has, in the opinion of WorkCover, appropriate experience or training relevant to the carrying out of the licensed work.(3) Subclause (2), as re-made by the Occupational Health and Safety Amendment (Licensing) Regulation 2006, applies to an applicant for a licence where the application for the licence was lodged but not finally determined before the commencement of that Regulation.cl 320: Am 2006 (664), Sch 1 [1] [2].
321 Determination of applications
(1) After considering an application, WorkCover:(a) may grant the licence or renewal of the licence to which the application relates, either unconditionally or subject to conditions, or(b) may refuse the application if satisfied that the applicant is not eligible for the licence.(2) A licence is to be in the approved form and is to specify the class of licensed work to which it relates.(3) If WorkCover grants more than one licence to an applicant, it may issue a single document in respect of those licences.cl 321: Am 2008 (140), Sch 1 [8].
322 Notice of refusal
If WorkCover refuses to grant a licence or the renewal of a licence, it must give written notice of the refusal, and of the reasons for the refusal, to the applicant.cl 322: Am 2008 (140), Sch 1 [9].
323 Term of licences
(1) A licence remains in force, unless sooner cancelled, for a period of 2 years commencing on the date on which it was granted or last renewed.(2) A licence has no effect during any period for which it is suspended.(3) Despite subclause (1), if the holder of a licence has applied for renewal of the licence before its expiry, the existing licence continues in force until WorkCover grants the renewal or gives the notice referred to in clause 322.cl 323: Subst 2008 (140), Sch 1 [10].
324 Licence fees
(1) A fee is payable to WorkCover for the grant of a licence or renewal of a licence.(2) The fee is to be the amount fixed for the time being by WorkCover to cover expenses in connection with the regulation of licensees of the classes concerned.(3) The fee fixed under subclause (2) for the grant of a licence or renewal of a licence to carry on the business of demolition or restricted demolition work (or both) and bonded asbestos removal work is not to exceed the fee fixed under that subclause for the grant of a licence or renewal of a licence to carry on the business of demolition or restricted demolition work (or both) but not bonded asbestos removal work.(4) A licence or renewal of a licence has no effect until the relevant fee fixed under this clause for the grant or renewal of the licence has been paid.cl 324: Subst 2008 (140), Sch 1 [11].
325 Condition of licence relating to supervision
It is a condition of a licence that, during the carrying out of the licensed work, a person holding appropriate qualifications in relation to the licensed work (whether or not the holder of the licence) must supervise the carrying out of the work.
326 Amendment of conditions of licences
(1) WorkCover, on the application of the holder of a licence or on its own initiative:(a) may amend or cancel any condition to which the licence is subject, or(b) may impose further conditions on the licence.(2) An amendment to a condition, or a further condition, takes effect on the date on which notice of the amendment or further condition is given to the holder of the licence or on such later date as may be specified in the notice.
327 Licences to be displayed
A person who does licensed work at any place must cause a copy of the relevant licence to be displayed at that place while the work is being done.Maximum penalty: Level 1.
328 Suspension or cancellation of licences
(1) WorkCover may suspend or cancel a licence if satisfied that the holder of the licence:(a) has made a statement, in or in connection with an application for the licence, that the holder knew, when the statement was made, to be false or misleading in a material particular, or(b) has done or authorised licensed work in such a manner as to expose any person (including any of his or her employees or agents) to a health or safety risk from the licensed work that could reasonably have been avoided, or(c) has contravened a condition of the licence, or(d) has failed to comply with the requirements of an improvement notice or prohibition notice under this Regulation, or(e) has been convicted of an offence against the Act or any regulation (including this Regulation) under the Act, or(f) in the case of an individual, is no longer a fit and proper person to hold the licence, or(g) in the case of a corporation, has a director who is no longer a fit and proper person to hold a licence.(2) Before suspending or cancelling a licence, WorkCover:(a) must cause notice of the proposed suspension or cancellation to be given to the holder of the licence, and(b) must give the holder of the licence a reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and(c) must have regard to any representations so made.(3) The suspension or cancellation of a licence takes effect on the date on which notice of the suspension or cancellation is given to the holder of the licence or on such later date as may be specified in the notice.
329 Cancelled licences to be returned to WorkCover
The holder of a cancelled licence must return the licence to WorkCover within such period as may be specified in the notice of cancellation given to the holder.Maximum penalty: Level 1.
Part 10.4
330 (Repealed)
pt 10.4: Rep 2008 (193), Sch 2 [32].
cl 330: Am 2008 (140), Sch 1 [12]. Rep 2008 (193), Sch 2 [32].
Chapter 10A Registration of clothing factories
Part 10A.1 Preliminary
ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
330A Definitions
In this Chapter:certificate of registration means a certificate of registration of a clothing factory issued by WorkCover under this Chapter, and includes a replacement certificate of registration issued under this Chapter.clothing factory means any building or place in which:(a) four or more persons are engaged directly or indirectly in any handicraft or process in or incidental to the making, altering, preparing, ornamenting or finishing of any clothing, fabrics, footwear, hats, buttons or related products for trade, sale or gain, or(b) mechanical power is used in aid of any handicraft or process in or incidental to the making, altering, preparing, ornamenting or finishing of any clothing, fabrics, footwear, hats, buttons or related products for trade, sale or gain.clothing industry award means:(a) any of the following awards made under the Workplace Relations Act 1996 of the Commonwealth:(i) the Clothing Trades Award 1999,(ii) the Felt Hatting Industry Award 1999,(iii) the Footwear Industries Award 2000,(iv) the Textile Industry Award 2000, or(b) any of the following awards made under the Industrial Relations Act 1996:(i) the Button Makers (State) Award (Award Code: 077),(ii) the Clothing Trades (State) Award (Award Code: 139),(iii) the Footwear Manufacturing Industry (State) Award (Award Code: 168),(iv) the Textile Industry (State) Award (Award Code: 212).occupier means, in relation to a clothing factory, the person, partnership, association, or corporation employing persons in the clothing factory, or occupying the clothing factory, and includes any agent, manager, foreman, or other person acting or apparently acting in the general management or control of the clothing factory.mechanical power means power generated by water, steam, gas, oil, electricity, or any power other than manual power.registered clothing factory means premises in respect of which a certificate of registration is for the time being in force.ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
Part 10A.2 Registration
ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
330B Clothing factories to be registered
An occupier of a clothing factory who is an employer and is a respondent to, or subject to, a clothing industry award, is guilty of an offence unless the clothing factory is a registered clothing factory.Maximum penalty: 20 penalty units.ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
330C Registration of clothing factories
(1) An application for the registration of premises as a clothing factory is to be made to WorkCover in an approved form.(2) WorkCover must, if the application is duly made, register the premises as a clothing factory and issue to the applicant a certificate of registration for the premises.(3) A certificate of registration takes effect from the date of issue of the certificate, and remains in force until it ceases to have effect under this Regulation.ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
330D Change in use of clothing factory or in occupier details
(1) A certificate of registration ceases to have effect if:(a) the premises in respect of which the certificate was issued cease to be used as a clothing factory, or(b) a person other than a person named in the certificate of registration as the occupier of the clothing factory to which the certificate applies becomes the occupier of the clothing factory, or(c) the person named in the certificate of registration as the occupier of the clothing factory to which the certificate applies changes his or her name.(2) A person named in a certificate of registration as the occupier of the clothing factory to which the certificate applies must notify WorkCover in writing if the certificate ceases to have effect under this clause, within 14 days after it ceases to have effect.Maximum penalty: 20 penalty units.Note—A new certificate of registration may be applied for in respect of the factory under clause 330C.ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
330E Replacement certificate
(1) WorkCover may at any time issue to the occupier of premises that are registered as a clothing factory a replacement certificate of registration for those premises.(2) A certificate of registration for any premises ceases to be in force if WorkCover issues a replacement certificate of registration for those premises.(3) An application for a replacement certificate of registration is to be made to WorkCover in an approved form.ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
330F Certificate of registration to be displayed
The occupier of a registered clothing factory must cause a copy of a certificate of registration that is in force in respect of the clothing factory to be displayed at the clothing factory in a conspicuous position at or near the principal entrance to the clothing factory.Maximum penalty: 2 penalty units.ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
Part 10A.3 Miscellaneous
ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
330G Manner of giving applications and notices
An application or notice under this Regulation is to be given to WorkCover by leaving it at, or sending it by post to, an office of WorkCover.ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
330H Public register
(1) WorkCover is to keep a public register in accordance with this clause.(2) WorkCover is to record in the register details of each certificate of registration issued under this Chapter, including such of the following details as WorkCover considers appropriate:(a) the registered business name or trading name (if any) of the occupier of the clothing factory,(b) the address of the clothing factory,(c) a description of the type of building or place in which the clothing factory is located (such as whether the factory forms part of an industrial estate or complex),(d) the type of work being carried out in the clothing factory,(e) the number of employees working in the clothing factory.(3) However, WorkCover is not to record in the register any information that would disclose:(a) the name of an individual, or(b) any manufacturing or commercial secrets or working processes.(4) The register may be kept in any form determined by WorkCover.(5) The register is to be available for public inspection, free of charge, at the principal office of WorkCover during ordinary office hours.(6) A copy of any entry in the register may be taken on payment of such fee as may be determined by WorkCover.ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
Part 10A.4 Savings and transitional provisions
ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
330I Savings and transitional provisions
(1) Any act, matter or thing that, immediately before the repeal of the Occupational Health and Safety (Clothing Factory Registration) Regulation 2001, had effect under that Regulation, continues to have effect under this Regulation.(2) A reference in a clothing industry award or other instrument to a factory registered under a law of New South Wales (however expressed) is taken (unless the context otherwise requires) to be a reference to a factory registered under this Chapter, until otherwise provided by the award or instrument.ch 10A, Parts 10A.1–10A.4 (cll 330A–330I): Ins 2008 (361), Sch 1.
Chapter 11 Permits for certain work
Part 11.1 Preliminary
331 Definitions
In this Chapter:asbestos means the fibrous form of those mineral silicates that belong to the serpentine or amphibole groups of rock-forming minerals, including actinolite, amosite (brown asbestos), anthophyllite, chrysotile (white asbestos), crocidolite (blue asbestos) and tremolite.demolition work means demolition work (as defined in Chapter 10) that:(a) is carried out by means of:(i) pushing or pulling using a mobile crane, or(ii) a crane using a demolition ball, or(b) involves the demolition of a building (or part of a building) that is more than 4 metres in height and that involves pulling with ropes or chains or similar means, or(c) involves the demolition of a building by means of explosives.friable asbestos material means any material that contains asbestos and is in the form of a powder or can be crumbled, pulverised or reduced to powder by hand pressure when dry.friable asbestos removal work means work in which friable asbestos material is removed, repaired or disturbed, other than:(a) work done by a person, at the person’s usual place of business, at a frequency of one hour per week or less, or(b) work done for the purpose only of obtaining a sample of asbestos for identification.permit means a permit to do demolition work or friable asbestos removal work granted and in force under this Chapter.Note—Certain former permissions and permits are taken to be permits granted under this Chapter. See Part 11.4.
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
(1) A person must not do demolition work or friable asbestos removal work otherwise than in accordance with a permit.(2) A person does not contravene subclause (1) if the person is doing the work as an employee.(3) A person must not:(a) contravene the conditions of a permit, or(b) direct or allow another person to contravene the conditions of a permit.Maximum penalty: Level 3.
Part 11.3 Provisions relating to permits
Note—
A decision of WorkCover to refuse an application for a permit, to impose conditions on a permit or to suspend or cancel a permit under this Part is subject to review by the Administrative Decisions Tribunal (also note that a failure to determine an application within 7 days (or 21 days in the case of demolition work involving explosives) is taken to be a refusal). See Chapter 12.
333 Applications for permits
(1) An application for a permit to do demolition work or friable asbestos removal work:(a) must be in the approved form, and(b) may be made only by the holder of a licence granted under Chapter 10 in respect of work of that kind, and(c) must specify the nature and extent of the work to be done and the method by which the applicant proposes to do the work, and(d) must, if the work is the demolition of a building (or part of a building) that is more than 4 metres in height and the demolition work involves pulling with ropes or chains or similar means, be accompanied by a risk assessment and such other documents as WorkCover may require, and(e) must specify the estimated cost of doing the work, and(f) must be accompanied by the fee fixed for the time being by WorkCover to cover the administrative costs of WorkCover in connection with the regulation of the holders of permits of the class concerned, and(g) must be lodged in a manner approved by WorkCover at least 7 days (or 21 days in the case of demolition work involving the use of explosives) before the work is due to commence.(2) An application by persons who do work in partnership may be made by any one or more of those persons.cl 333: Am 2008 (140), Sch 1 [13].
334 Determination of applications
(1) After considering an application, WorkCover:(a) may grant the permit to which the application relates, either unconditionally or subject to conditions, or(b) may refuse the application.(2) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(3) A permit is to be in the approved form.
335 Term of permits
(1) A permit has effect for such period as may be specified in the permit.(2) A permit ceases to have effect while it is suspended or if it is cancelled.
336 Amendment of conditions of permits
(1) WorkCover, on the application of the holder of a permit or on its own initiative:(a) may amend or cancel any condition to which the permit is subject, or(b) may impose further conditions on the permit.(2) An amendment to a condition, or a further condition, takes effect on the date on which notice of the amendment or further condition is given to the holder of the permit or on such later date as may be specified in the notice.
337 Permits to be displayed
A person who does demolition work or friable asbestos removal work at any place must cause a copy of the relevant permit to be displayed at that place while the work is being done.Maximum penalty: Level 1.
338 Suspension and cancellation of permits
(1) WorkCover may suspend or cancel a permit if satisfied that the holder of the permit:(a) has made a statement, in or in connection with an application under this Regulation, that the holder knew, when the statement was made, to be false or misleading in a material particular, or(b) has done demolition work or friable asbestos removal work in such a manner as to expose any person (including any of his or her employees or agents) to a health or safety risk from the work that could reasonably have been avoided, or(c) has contravened a condition of the permit, or(d) has failed to comply with the requirements of an improvement notice or prohibition notice issued under this Regulation, or(e) has been convicted of an offence against the Act or any regulation (including this Regulation) under the Act.(2) Before suspending or cancelling a permit, WorkCover:(a) must cause notice of the proposed suspension or cancellation to be given to the holder of the permit, and(b) must give the holder of the permit a reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and(c) must have regard to any representations so made.(3) The suspension or cancellation of a permit takes effect on the date on which notice of the suspension or cancellation is given to the holder of the permit or on such later date as may be specified in the notice.
339 Cancelled permits to be returned to WorkCover
The holder of a cancelled permit must return the permit to WorkCover within such period as may be specified in the notice of cancellation given to the holder.Maximum penalty: Level 1.
Part 11.4 Savings and transitional provisions
340 Savings and transitional provisions
(1) A written permission to do demolition work given under Regulation 84AB or 84AH of the Construction Safety Regulations 1950 and in force immediately before the repeal of those Regulations is taken to be a permit granted under this Chapter to do the same work.(2) A permit to do friable asbestos removal work granted under the Occupational Health and Safety (Asbestos Removal Work) Regulation 1995 and in force immediately before the repeal of that Regulation is taken to be a permit granted under this Chapter to do the same work.
Chapter 12 Miscellaneous
Part 12.1 Notification of accidents and other matters
341 Notification of incidents—additional incidents to be notified
In accordance with section 86 (1) (b) of the Act, any incident listed below occurring at or in relation to a place of work is, if it is an incident that presents a risk to health or safety and is not immediately threatening to life, declared to be an incident that is required to be notified to WorkCover:Note—Section 86 of the Act requires the occupier of a place of work to give WorkCover notice in accordance with that section of certain incidents at the place of work. These incidents include incidents that have resulted in a person being killed and incidents prescribed in clause 344 for the purposes of section 87 of the Act. Section 86 of the Act also provides that additional incidents can be declared by regulation to be incidents required to be notified to WorkCover.Sections 86 and 87 of the Act do not apply to mining workplaces or coal workplaces. Notifications are to the Department Head (Mining) under section 88 of the Mine Health and Safety Act 2004 or section 110 of the Coal Mine Health and Safety Act 2002.(a) an injury to a person (supported by a medical certificate) that results in the person being unfit, for a continuous period of at least 7 days, to attend the person’s usual place of work, to perform his or her usual duties at his or her place of work or, in the case of a non-employee, to carry out his or her usual activities,(b) an illness of a person (supported by a medical certificate) that is related to work processes and results in the person being unfit, for a continuous period of at least 7 days, to attend the person’s usual place of work or to perform his or her usual duties at that place of work,(c) damage to any plant, equipment, building or structure or other thing that impedes safe operation,(d) an uncontrolled explosion or fire,(e) an uncontrolled escape of gas, dangerous goods (within the meaning of the ADG Code) or steam,(f) a spill or incident resulting in exposure or potential exposure of a person to a notifiable or prohibited carcinogenic substance (as defined in Part 6.3),(g) removal of workers from lead risk work (as defined in Part 7.6) due to excessive blood lead levels,(h) exposure to bodily fluids that presents a risk of transmission of blood-borne diseases,(i) the use or threatened use of a weapon that involves a risk of serious injury to, or illness of, a person,(i1) a robbery that involves a risk of serious injury to, or illness of, a person,(i2) electric shock that involves a risk of serious injury to a person,(j) any other incident that involves a risk of:(i) explosion or fire, or(ii) escape of gas, dangerous goods (within the meaning of the ADG Code) or steam, or(iii) serious injury to, or illness of, a person, or(iv) substantial property damage,(k) in relation to a major hazard facility (as defined in Chapter 6B)—if not already covered by another paragraph of this clause, a major accident or near miss (as defined in that Chapter).cl 341: Am 22.8.2003; 2005 (531), Sch 1 [22]; 2008 (193), Sch 1 [121]; 2008 (271), Sch 1 [3].
341A How notice of incidents is to be given
Notice required to be given to WorkCover under section 86 of the Act must be given in any of the following ways:(a) by electronic communication (using a mode of electronic communication approved by WorkCover) providing the information requested by WorkCover,(b) by telephone to WorkCover, giving such information as may be requested of the caller.cl 341A: Ins 22.8.2003.
342 Variation of obligations under section 86 of the Act—employers to notify WorkCover of incidents
(1) In accordance with section 86 (4) of the Act, the obligations under that section are varied by requiring an employer of a person (instead of the occupier of the place of work) to give WorkCover notice in the case of an injury to, or illness of, the person, being an injury or illness that is an incident referred to in clause 341. This subclause does not apply if the employer is aware that another person has given the required notice to WorkCover or if the employer has given notice of the incident in accordance with section 44 (2) of the Workplace Injury Management and Workers Compensation Act 1998.(2) Notice required to be given by the employer must be given as soon as practicable (but not later than 7 days) after the employer becomes aware of the incident.cll 342: Am 22.8.2003.
343 Retention of records of notice acknowledgement
(1) A person who gives WorkCover a notice under section 86 of the Act (including under clause 342) must make and keep for at least 5 years after the notice is given:(a) a record of the date, time, place and nature of the incident to which the notice relates, and(b) a record of the date on which and the way in which the notice was given, and(c) a record of any acknowledgement (such as a receipt number) given to the person by WorkCover as evidence of receipt of the notice.Note—An entry in the register of injuries kept under section 63 of the Workplace Injury Management and Workers Compensation Act 1998 is a sufficient record of an injury to a worker for the purposes of this clause. The record of an acknowledgement of the notice can also be made and kept as part of the register of injuries.(2) Any such person must make those records available for inspection by an inspector in accordance with a request by the inspector, and in any event, no later than 7 days after the date of the request.Maximum penalty: Level 1.cll 343: Am 22.8.2003.
Part 12.2 Prescription of additional serious incidents
pt 12.2, hdg: Am 22.8.2003.
344 Non-disturbance of places and plant involved in serious incidents—additional serious incidents
For the purposes of the definition of serious incident in section 87 (1) of the Act, the following incidents at or in relation to a place of work are prescribed:Note—Section 87 of the Act requires the occupier of a place of work involved in a serious incident (an incident that has resulted in a person being killed) not to disturb the place (or plant at the place) for a period of 36 hours. The section provides that additional incidents can be prescribed as serious incidents by regulation. (The section does not prevent such actions as helping or removing trapped or injured persons or actions directed or permitted by an inspector in the 36 hour period—see section 87 (4).)(a) an injury to a person that results in the amputation of a limb,(b) the placing of a person on a life support system,(c) any incident listed below that presents an immediate threat to life:(i) the loss of consciousness of a person caused by impact of physical force, exposure to hazardous substances, electric shock or lack of oxygen,(ii) major damage to any plant, equipment, building or structure,(iii) an uncontrolled explosion or fire,(iv) an uncontrolled escape of gas, dangerous goods or steam,(v) imminent risk of explosion or fire,(vi) imminent risk of an escape of gas, dangerous goods or steam,(vii) a spill or incident resulting in exposure or potential exposure of a person to a notifiable or prohibited carcinogenic substance (as defined in Part 6.3),(viii) entrapment of a person in a confined space,(ix) collapse of an excavation,(x) entrapment of a person in machinery,(xi) serious burns to a person,(d) in relation to a major hazard facility (as defined in Chapter 6B)—if not already covered by another paragraph of this clause, a major accident (as defined in that Chapter).cl 344: Am 22.8.2003; 2008 (271), Sch 1 [4].
Part 12.3 Notifications of proposed work
345 Proposed work in respect of which notice is required
(1) An employer at a place of work that is not a mining workplace or a coal workplace must not commence to carry out work of the following kind at a place of work unless the employer has given WorkCover notice of the proposed work:(a) work that involves the use of a notifiable or prohibited carcinogenic substance (as defined in Part 6.3),(b) lead risk work (as defined in Part 7.6),(c) bonded asbestos removal work (as defined in Part 10.1),(d) demolition work (as defined in Part 10.1), other than work for which a permit under Chapter 11 is in force.(1A) An employer at a mining workplace or a coal workplace must not commence to carry out work of the following kind at the place of work unless the employer has given the Department Head (Mining) notice of the proposed work:(a) work that involves the use of a notifiable or prohibited carcinogenic substance (as defined in Part 6.3),(b) lead risk work (as defined in Part 7.6),(c) bonded asbestos removal work (as defined in Part 10.1),(d) demolition work (as defined in Part 10.1), other than work for which a permit under Chapter 11 is in force.(1B) The Department Head (Mining) is to forward any notice that he or she receives under subclause (1A) (c) or (d) to WorkCover.(2) Any such notice must:(a) be in the approved form, and(b) except as provided in paragraph (c), be given at least 60 days before the commencement of the proposed work (or, if WorkCover has agreed in writing to accept a shorter period of notice, be given before the commencement of that shorter period), and(c) in the case of work that involves the therapeutic use of cyclophosphamide in hospitals, be given on or before the day of use, and(d) contain the information specified in any guidelines prepared by WorkCover for the purpose, and(e) be lodged in a manner approved by WorkCover.(3) If an employer has given notice of proposed work involving the use of a carcinogenic substance and the work is continuing work, the employer must give WorkCover a further notice (in accordance with subclause (2) (a), (d) and (e)) at least every 5 years while the work continues.(4) Any proposed work involving the use of carcinogenic substances that has been notified to WorkCover by an employer in accordance with the former Act is taken to be notified to WorkCover by the employer for the purposes of this clause.(5), (6) (Repealed)Maximum penalty: Level 4.cl 345: Am 2008 (140), Sch 1 [14]; 2008 (193), Schs 1 [122], 2 [33].
346 WorkCover or Department Head (Mining) to be notified of any reviews of risk assessments
An employer who is required to give notice of proposed work under clause 345 must notify WorkCover or the Department Head (Mining), as the case may be, in writing of:(a) any review of a risk assessment relating to the work that is required to be carried out under Chapter 2, and(b) the name and address of the person or organisation carrying out the risk assessment if the assessment was not carried out by the employer.Maximum penalty: Level 1.cl 346: Am 2008 (193), Sch 1 [123].
Part 12.4 Exemptions
347 Exemptions for particular persons on application
(1) A person may apply:(a) to WorkCover for an exemption from any provision of this Regulation in its application to a place of work that is not a mining workplace or a coal workplace, or(b) to the Department Head (Mining) for an exemption from any provision of this Regulation in its application to a place of work that is a mining workplace or a coal workplace.(2) Before making such an application, the person must cause notice of the proposed application to be given:(a) to all persons employed at any place of work concerned, or(b) in accordance with any consultation arrangements agreed by the employer and the employees under the Act.(3) The notice:(a) must state that the person proposes to seek an exemption from this Regulation, and(b) must state the effect of such an exemption, and(c) must invite the persons to whom the notice is given to make submissions, in writing or orally, concerning the proposal to apply for the exemption, and(d) must specify the person to whom, and the date by which, any such submissions would be made.(4) An application must be in writing and must include copies of the written submissions, and a summary of the oral submissions, made in connection with the application.(5) On receipt of the application, WorkCover or the Department Head (Mining), as the case requires:(a) may, by order in writing, exempt the person from a specified provision of this Regulation if it is satisfied that:(i) the person is capable of achieving at least an equivalent level of safety as would be achieved if the provision had been complied with, or(ii) the application of the provision to the person is inappropriate or unnecessary in the circumstances, or(b) may dismiss the application.(6) An exemption under this clause may be given unconditionally or subject to such conditions as WorkCover or the Department Head (Mining), as the case requires, considers appropriate and specifies in the order.(7) Unless withdrawn, an exemption under this clause has effect for such period (not exceeding 5 years) as is specified in the exemption. If no such period is specified, the exemption has effect for a period of 5 years after it is granted.(8) WorkCover or the Department Head (Mining), as the case requires, may withdraw an exemption under this clause if it is satisfied that the withdrawal is justified on health or safety grounds.Note—See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover or the Department Head (Mining), as the case requires, to dismiss an application for an exemption, to impose a condition on an exemption or to withdraw an exemption.cl 347: Am 2008 (193), Sch 1 [124]–[126].
348 Exemptions for classes of persons or things
(1) WorkCover may, by order published in the Gazette, exempt any class of persons or things from a specified provision of this Regulation in its application to a workplace that is not a mining workplace or a coal workplace.(1A) The Department Head (Mining) may, by order published in the Gazette, exempt any class of persons or things from a specified provision of this Regulation in its application to a workplace that is a mining workplace or a coal workplace.(2) An exemption under this clause may be unconditional or subject to such conditions as WorkCover or the Department Head (Mining), as the case requires, considers appropriate and specifies in the order.(3) Unless withdrawn, an exemption under this clause has effect for such period (not exceeding 5 years) as is specified in the exemption. If no such period is specified, the exemption has effect for a period of 5 years after it is granted.(4) WorkCover or the Department Head (Mining), as the case requires, may, before granting an exemption under this clause, give notice of the proposed exemption to such persons or bodies as it considers appropriate.(5) WorkCover or the Department Head (Mining), as the case requires, may withdraw an exemption under this clause if it is satisfied that the withdrawal is justified on health or safety grounds.cl 348: Am 2008 (193), Sch 1 [127]–[129].
349 Registers of exemptions
(1) WorkCover is required to keep and make available for public inspection a register of all exemptions granted by WorkCover under this Part that are in force.(1A) The Department Head (Mining) is required to keep and make available for public inspection a register of all exemptions granted by the Department Head (Mining) under this Part that are in force.(2) WorkCover or the Department Head (Mining), as the case requires, is not required to include in the register confidential personal information about an individual or information relating to manufacturing or commercial secrets or working processes.cl 349: Am 2008 (193), Sch 1 [130]–[132].
350 (Repealed)
cl 350: Rep 2008 (193), Sch 2 [34].
Part 12.5 Reviews of decisions
pt 12.5: Subst 2008 (193), Sch 1 [133].
351 Decisions subject to review by the Administrative Decisions Tribunal: section 36 of the Act
(1) A person aggrieved by a decision that belongs to one of the following classes of decisions (being a decision made in respect of that person) may apply to the Administrative Decisions Tribunal for a review of the decision:(a) decisions made by WorkCover under clause 31 (4) to refuse to accredit the person as a trainer,(b) decisions made by WorkCover or the Department Head (Mining) under Part 5.2:(i) to refuse to register a plant design, or(ii) to refuse to register an item of plant, or(iii) to impose a condition on registration of an item of plant, or(iv) to cancel the registration of an item of plant, or(v) to discontinue the registration of an item of plant,(b1) decisions made by WorkCover under Chapter 6B:(i) that determine that a potential major hazard facility is a major hazard facility, or(ii) to refuse provisional registration or registration of a major hazard facility, or(iii) to impose a condition on the provisional registration or registration of a major hazard facility, orNote—This subparagraph relates to conditions imposed on provisional registrations or registrations of major hazard facilities under clauses 175O (1) (c) and 175T (1) (c), not general conditions applying to all provisional registrations or registrations under clauses 175O (1) (b) and 175T (1) (b).(iv) to suspend or cancel the provisional registration or registration of a major hazard facility, or(v) to refuse to renew the registration of a major hazard facility,(b2) decisions made by WorkCover under Part 8.2:(i) to refuse to approve an RTO or a nominated person, or(ii) to suspend or cancel the approval of an RTO or a nominated person,(c) decisions made by WorkCover under Chapter 9:(i) to refuse to issue a certificate of competency or a licence, or(ii) to suspend or cancel a certificate of competency or a licence, or(iii) to refuse to replace a certificate of competency or a licence, or(iv) to refuse to accredit a person as an assessor, or(v) to suspend or cancel a person’s accreditation as an assessor, or(vi) to confirm the decision of an assessor on an application for a review of the decision, or(vii) to refuse to approve an RTO or a nominated person, or(viii) to suspend or cancel the approval of an RTO or a nominated person, or(ix) to confirm the decision of an RTO or WorkCover on an application for a review of the outcome of an assessment,(d) decisions made by WorkCover under Chapter 10:(i) to refuse to issue a licence, or(ii) to impose a condition on a licence, or(iii) to suspend or cancel a licence,(e) decisions made by WorkCover under Chapter 11:(i) to refuse to issue a permit, or(ii) to impose a condition on a permit, or(iii) to suspend or cancel a permit,(f) decisions made by WorkCover or the Department Head (Mining) under Part 12.4:(i) to dismiss an application for an exemption from a provision of this Regulation, or(ii) to impose a condition on an exemption from a provision of this Regulation, or(iii) to withdraw an exemption from a provision of this Regulation.(2) WorkCover is taken, for the purposes of an application for review by the Administrative Decisions Tribunal:(a) to have refused to grant an approval, permission or exemption, or(b) to have refused to register a plant design or an item of plant or amusement device, or(c) to have refused to issue a certificate of competency or licence, or(d) to have refused to amend or cancel a condition of an approval, registration, permission or exemption, or(e) to have refused to rescind a cancellation or discontinuance of registration, or(f) to have refused to accredit an assessor under Chapter 9, orif it does not determine an application in relation to the relevant matter within 3 months after the date of lodgment of the application.(g) to have confirmed a decision of an assessor under Chapter 9,(2A) If a person has provided a notification under clause 175F in relation to a facility or proposed facility to WorkCover and WorkCover has not within 3 months of that notification provisionally registered the facility or proposed facility under clause 175M, WorkCover is taken, for the purposes of an application for review by the Administrative Decisions Tribunal, to have refused the provisional registration.(2B) WorkCover is taken, for the purposes of an application for review by the Administrative Decisions Tribunal, to have refused to register a major hazard facility if it does not determine an application in relation to the registration within 12 months after the date of lodgment of the application.(2C) Subclause (2) does not apply to any decision under Chapter 6B (as referred to in subclause (1) (b1)).(3) WorkCover is taken, for the purposes of an application for review by the Administrative Decisions Tribunal, to have refused an application to issue a permit under Chapter 11 if it does not determine the application within 7 days (or 21 days in the case of an application for a permit to do demolition work involving the use of explosives) after the date of lodgment of the application.(4) The Department Head (Mining) is taken, for the purposes of an application for review by the Administrative Decisions Tribunal, to have refused to register a plant design or an item of plant, or to have refused to grant, or to amend or cancel a condition of, an approval, permission or exemption, if the Department Head (Mining) does not determine an application in relation to the relevant matter within 3 months after the date of lodgment of the application.Note—The Minister administering the Administrative Decisions Tribunal Act 1997 has concurred in the making of the above clause pursuant to section 36 (2) of the Occupational Health and Safety Act 2000.cl 351: Am 2008 (271), Sch 1 [5] [6]. Subst 2008 (193), Sch 1 [133]. Am 2008 (389), Sch 1 [4] [5]; 2009 (443), Sch 1 [29]–[31].
Part 12.6 Penalty notice offences
352 (Repealed)
cl 352: Rep 2008 (193), Sch 2 [35].
353 Penalty notice offences and penalties
(1) For the purposes of section 108 of the Act:(a) each offence created by a provision specified in Column 1 of Schedule 2 is an offence for which a penalty notice may be served, and(b) the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of the Schedule.(2) If the reference to a provision in Column 1 of Schedule 2 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.
354 Authorised officers
An inspector under the Act is an authorised officer for the purposes of serving penalty notices for offences under the Act or this Regulation.
355 (Repealed)
cl 355: Rep 19.3.2004.
Part 12.7 Other miscellaneous provisions
356 False or misleading information in applications
(1) A person must not, in or in connection with a relevant application under this Regulation, make any statement that the person knows to be false or misleading in a material particular.Maximum penalty: Level 3.(2) For the purposes of this clause, the following are relevant applications:(a) an application under Chapter 5, 8, 9, 10 or 11,(b) a notification under clause 117 or 174ZR,(b1) a notification under clause 175F or 175FA,(b2) an application under Chapter 6B,(c) an application for an exemption under this Chapter.cl 356: Am 19.3.2004; 2005 (531), Sch 1 [23]; 2008 (271), Sch 1 [7]; 2010 (576), Sch 1 [11].
357 Additional officers authorised to consent to the institution of proceedings for offences
For the purposes of section 106 (1) (b) of the Act, the Department Head (Mining) is a prescribed officer in relation to proceedings for an offence against the Act concerning a place of work that is a mining workplace or coal workplace.cl 357: Subst 14.5.2004. Am 2006 (793), Sch 1 [2] [3]. Subst 2008 (193), Sch 1 [134].
358 Application of Act to mining workplaces and coal workplaces: references to WorkCover
(1) In accordance with section 133 of the Act, a reference in any of the following provisions of the Act to WorkCover, in connection with the application of the provision to a mining workplace or coal workplace, is taken to be a reference to the Department of Industry and Investment:(a1) section 32B (3) (Reasons for non-prosecution of offence),(a) Part 4 (Industry codes of practice),(b) section 114 (Orders regarding costs and expenses of investigation).(2) In accordance with section 133 of the Act, a reference in section 109 of the Act to the General Manager of WorkCover, in connection with the application of the provision to a mining workplace or coal workplace, is taken to be a reference to the Department Head (Mining).(3) In accordance with section 133 of the Act, a reference in any of the following provisions of the Act to WorkCover, in connection with the application of the provision to a mining workplace or coal workplace, is taken to be a reference to the Department Head (Mining):(a) Division 2 (Duty to consult) of Part 2,(b) Division 2 (Powers of inspectors) of Part 5,(c) Division 4 (General provisions relating to notices) of Part 6.(4) In accordance with section 133 of the Act, a reference in section 104A of the Act to WorkCover, in connection with the application of the provision to proceedings under the Act (rather than the Coal Mine Health and Safety Act 2002 or the Mine Health and Safety Act 2004) in connection with a mining workplace or a coal workplace, is taken to be a reference to the Department Head (Mining).(5) In accordance with section 133 of the Act, a reference in section 107 or 107A (1) or (2) of the Act to WorkCover, in connection with the application of the provision to a mining workplace or a coal workplace, is taken to be a reference to a person taken to have been appointed as an inspector by virtue of section 47A (Appointment of inspectors in connection with mining workplaces) or 47B (Appointment of inspectors in connection with coal workplaces) of the Act.(6) In accordance with section 133 of the Act, a reference in section 107A of the Act to the Chief Executive Officer of WorkCover, in connection with the application of the provision to a mining workplace or a coal workplace, is taken to be a reference to the Department Head (Mining).cl 358: Subst 14.5.2004. Am 2005 No 34, Sch 3; 2006 (793), Sch 1 [4] [5]; 2007 (508), Sch 1 [1] [2]; 2008 (193), Sch 1 [135]–[137]; 2010 No 59, Sch 2.68 [1].
358A Sharing of information between WorkCover and Department of Industry and Investment
(1) WorkCover may, in connection with the administration or execution of the Act, provide any information concerning this Regulation to the Department of Industry and Investment.(2) The Department of Industry and Investment may, in connection with the administration or execution of the Act, provide any information concerning this Regulation to WorkCover.cl 358A: Ins 2006 (793), Sch 1 [6]. Am 2008 (193), Sch 1 [138]; 2010 No 59, Sch 2.68 [1].
359 Continuation of former OHS shop provisions
(1) In this clause,former OHS shop provisions means, subject to subclause (4):(a) the provisions of Part 3 of the Factories, Shops and Industries Act 1962 that, immediately before 1 September 2001, applied to shops, and(b) the provisions of the Factories (Health and Safety) General Regulations 1913 that, immediately before 1 September 2001, applied to shops.(2) The former OHS shop provisions continue to have effect as provisions of this Regulation. Those provisions have effect in addition to the provisions of this Regulation.(3) A person who contravenes any of the former OHS shop provisions with which the person is, under those provisions, required to comply is guilty of an offence.Maximum penalty: Level 4.Note—Immediately before 1 September 2001, certain provisions applied to shops by virtue of section 61 of the Factories, Shops and Industries Act 1962.(4) For the purpose of the definition of former OHS shop provisions in subclause (1), the following provisions are taken to have applied to shops immediately before 1 September 2001:(a) sections 19, 20, 21, 23, 24, 33, 34, 38, 40, 45, 50, 57, 58, 59, 60 and 61 of the Factories, Shops and Industries Act 1962,(b) Regulations 3, 4, 6, 8, 9, 10, 11, 12, 16A, 17, 17A and 25 of the Factories (Health and Safety) General Regulations 1913.cl 359: Am 31.8.2001; 2008 (193), Sch 2 [36].
360 Notes
The explanatory note, table of contents and notes in the text of this Regulation (other than in Schedule 8 to this Regulation) do not form part of this Regulation.cl 360: Am 2008 (271), Sch 1 [8].
361 Transitional application of sentencing guideline provisions
(1) This clause applies to guideline proceedings under Division 4 of Part 7 of the Act relating to offences under the Act.(2) Nothing in this clause limits any jurisdiction or discretion of the Full Bench under Division 4 of Part 7 of the Act.(3) In exercising its powers and jurisdiction to give a guideline judgment relating to an offence under the Act, the Full Bench may, if the provision creating the offence substantially re-enacts a provision of the former Act creating an offence (the corresponding offence), consider matters relating to the corresponding offence.cl 361: Ins 28.2.2003.
362 Savings and transitional provisions
Schedule 3 has effect.cl 362: Ins 19.12.2003.
Schedule 1 Standards covering design and manufacture of plant
(Clauses 3 (2) and (3), 94, 103 (3) (b) and (c), 107 (2) (a) and 122 (1) (c))
Note—
Subclauses (2) and (3) of clause 3 provide that:
(a) in this Regulation, a reference to an Australian Standard is a reference to an Australian Standard (AS) or an Australian/New Zealand Standard (AS/NZS) published by Standards Australia in the year referred to in the citation of the Standard, as in force from time to time, and
(b) if WorkCover or the Department Head (Mining) has indicated that it is satisfied that another standard provides an equivalent standard of safety to an Australian Standard or an Australian/New Zealand Standard, that other standard may be applied instead for the purposes of the relevant provision of this Regulation, and
(c) if there is an inconsistency between a provision of this Regulation and a provision of an Australian Standard or another standard referred to in this Regulation, the provision of this Regulation prevails.
Boilers and pressure vessels | |
AS 1210—1997 | Pressure vessels |
AS 1210 Supp 1—1990 | Unfired pressure vessels—Advanced design and construction |
AS 1210 Supp 2—1999 | Pressure vessels—Cold-stretched austenitic stainless steel |
AS 1228—1997 | Pressure equipment—Boilers |
AS 2971—1987 | Serially produced pressure vessels |
AS/NZS 3509:1996 | LP gas fuel vessels for automotive use |
AS 3892—2001 | Pressure equipment—Installation |
AS 4343—1999 | Pressure equipment—Hazard levels |
AS 4458—1997 | Pressure equipment—Manufacture |
Australian Miniature Boiler Safety Committee Code—Part 1: Copper Boilers
Australian Miniature Boiler Safety Committee Code—Part 2: Steel Boilers
Cranes (including hoists and winches) | |
AS 1418.1—1994 | Cranes (including hoists and winches) Part 1—General requirements |
AS 1418.2—1997 | Cranes (including hoists and winches) Part 2—Serial hoists and winches |
AS 1418.3—1997 | Cranes (including hoists and winches) Part 3: Bridge, gantry and portal cranes (including container cranes) |
AS 1418.4—2001 | Cranes (including hoists and winches) Part 4: Tower cranes |
AS 1418.5—1995 | Cranes (including hoists and winches) Part 5: Mobile and vehicle-loading cranes |
AS 1418.6—1988 | SAA Crane Code Part 6—Guided storing and retrieving appliances |
AS 1418.7—1999 | Cranes (including hoists and winches) Part 7: Builders’ hoists and associated equipment |
AS 1418.8—1989 | SAA Crane Code Part 8—Special purpose appliances |
AS/NZS 1418.9:1996 | Cranes (including hoists and winches) Part 9: Vehicle hoists |
AS 1418.10—1996 | Cranes (including hoists and winches) Part 10: Elevating work platforms |
AS 1418.12—1991 | Cranes (including hoists and winches) Part 12: Crane collector systems |
AS 1418.13—1996 | Cranes (including hoists and winches) Part 13: Building maintenance units |
AS 1418.14—1996 | Cranes (including hoists and winches) Part 14: Requirements for cranes subject to arduous working conditions |
AS 1418.15—1994 | Cranes (including hoists and winches) Part 15: Concrete placing equipment |
AS 1418.16—1997 | Cranes (including hoists and winches) Part 16: Mast climbing work platforms |
AS 1418.17—1996 | Cranes (including hoists and winches) Part 17: Design and construction of workboxes |
AS 1418.18—2001 | Cranes (including hoists and winches) Part 18: Crane runways and monorails |
Scaffolding | |
AS/NZS 1576.1:1995 | Scaffolding Part 1: General requirements |
AS 1576.2—1991 | Scaffolding Part 2: Couplers and accessories |
AS/NZS 1576.3:1995 | Scaffolding Part 3: Prefabricated and tube-and-coupler scaffolding |
AS 1576.4—1991 | Scaffolding Part 4: Suspended scaffolding |
AS/NZS 1576.5:1995 | Scaffolding Part 5: Prefabricated splitheads and trestles |
AS/NZS 1576.6:2000 | Scaffolding Part 6: Metal tube-and-coupler scaffolding—Deemed to comply with AS/NZS 1576.3 |
Lifts, escalators and moving walks | |
AS 1735.1—1999 | Lifts, escalators and moving walks Part 1: General requirements |
AS 1735.2—1997 | Lifts, escalators and moving walks Part 2: Passenger and goods lifts—Electric |
AS 1735.3—2001 | Lifts, escalators and moving walks Part 3: Passenger and goods lifts—Electrohydraulic |
AS 1735.4—1986 | SAA Lift Code Part 4: Service lifts—Power operated |
AS 1735.5—2001 | Lifts, escalators and moving walks Part 5: Escalators and moving walks |
AS 1735.6 (Int)—1996 | Lifts, escalators and moving walks Part 6: Moving walks |
AS 1735.7—1998 | Lifts, escalators and moving walks Part 7: Stairway lifts |
AS 1735.8—1986 | SAA Lift Code Part 8: Inclined lifts |
AS 1735.9—1994 | Lifts, escalators and moving walks Part 9: Special purpose industrial lifts |
AS 1735.10 (Int)—1998 | Lifts, escalators and moving walks Part 10: Tests |
AS 1735.11—1986 | SAA Lift Code Part 11: Fire-rated landing doors |
AS 1735.12—1999 | Lifts, escalators and moving walks Part 12: Facilities for persons with disabilities |
AS 1735.13—1986 | SAA Lift Code Part 13: Lifts for persons with limited mobility—Manually powered |
AS 1735.14—1998 | Lifts, escalators and moving walks Part 14: Low rise platforms for passengers |
AS 1735.15—1990 | Lifts, escalators and moving walks Part 15: Lifts for people with limited mobility—Restricted use—Non-automatically controlled |
AS 1735.16—1993 | Lifts, escalators and moving walks Part 16: Lifts for people with limited mobility—Restricted use—Automatically controlled |
AS 1735.17—1995 | Lifts, escalators and moving walks Part 17: Lifts for people with limited mobility—Restricted use—Water drive |
Gas cylinders | |
AS 2030.1—1999 | The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases—Part 1: Cylinders for compressed gases other than acetylene |
AS 2030.2—1996 | The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases—Part 2: Cylinders for dissolved acetylene |
AS 2030.4—1985 | The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases—Part 4: Welded cylinders—insulated |
Amusement devices | |
AS 3533.1—1997 | Amusement rides and devices Part 1: Design and construction |
sch 1: Am 2003 No 82, Sch 2.21; 2008 (193), Sch 1 [139].
Schedule 2 Penalty notices
(Clause 353)
Column 1 | Column 2 |
Provision | Penalty ($) |
Offence under the Act | |
Section 8 (1) | 1000 |
Section 8 (2) | 1000 |
Section 9 | 1000 |
Section 13 | 600 |
Section 20 (1) | 200 |
Section 20 (2) | 200 |
Section 21 | 200 |
Section 22 | 600 |
Section 86 (1) (a) | 600 |
Section 86 (1) (b) | 600 |
Section 87 (2) (a) | 600 |
Section 87 (2) (b) | 600 |
Section 90 | 1,500 |
Section 92 | 1,500 |
Section 102 (2) | 200 |
Offence under this Regulation | |
Clause 11 (1) | 1,000 |
Clause 11 (2) | 1,000 |
Clause 11 (3) | 1,000 |
Clause 15 (1) | 600 |
Clause 18 (1) | 600 |
Clause 19 (1) (a) | 600 |
Clause 19 (1) (b) | 600 |
Clause 20 (2) (a) | 600 |
Clause 20 (2) (b) | 600 |
Clause 36 (1) | 1,000 |
Clause 36 (2) | 1,000 |
Clause 36 (3) | 1,000 |
Clause 44 (a) | 200 |
Clause 44 (b) | 200 |
Clause 44 (c) | 200 |
Clause 62A | 1,000 |
Clause 62B | 1,000 |
Clause 62C | 1,000 |
Clause 89 (1) | 1,000 |
Clause 103 (1) | 1,000 |
Clause 121 (1) | 1,000 |
Clause 121 (2) | 1,000 |
Clause 127 (1) | 1,000 |
Clause 131 | 200 |
Clause 136 (1) | 600 |
Clause 136 (2) | 600 |
Clause 136 (3) | 600 |
Clause 136A (1) | 600 |
Clause 139 (1) | 600 |
Clause 139 (2) | 600 |
Clause 143 (1) | 200 |
Clause 143 (2) (a) | 200 |
Clause 143 (2) (b) | 200 |
Clause 151 | 600 |
Clause 155 (1) | 600 |
Clause 160 | 200 |
Clause 162 (1) (a) | 600 |
Clause 162 (1) (b) | 600 |
Clause 162 (1) (c) | 600 |
Clause 167 (1) | 200 |
Clause 167 (2) | 200 |
Clause 167 (3) | 200 |
Clause 168 (1) | 200 |
Clause 168 (2) | 200 |
Clause 169 | 200 |
Clause 170 (1) | 200 |
Clause 171 (1) | 200 |
Clause 171 (2) | 200 |
Clause 174 (1) | 200 |
Clause 174K | 600 |
Clause 174M | 600 |
Clause 174O | 1,000 |
Clause 174Q | 200 |
Clause 174S | 1,000 |
Clause 174U | 1,000 |
Clause 174Z | 1,000 |
Clause 174ZC | 1,000 |
Clause 174ZF (3) (b) | 600 |
Clause 174ZG | 600 |
Clause 174ZN | 200 |
Clause 174ZO | 600 |
Clause 174ZP (a) | 600 |
Clause 174ZP (b) | 200 |
Clause 174ZR | 600 |
Clause 174ZS | 600 |
Clause 174ZT | 600 |
Clause 174ZV | 200 |
Clause 174ZW | 200 |
Clause 174ZX | 200 |
Clause 175D | 1,000 |
Clause 175E (1) | 1,000 |
Clause 175F (1), (3), (4) or (7) | 600 |
Clause 175FA (1) | 600 |
Clause 175I (1) | 500 |
Clause 175L (1) | 600 |
Clause 175X | 200 |
Clause 175Y | 600 |
Clause 175Z | 1,000 |
Clause 175ZA | 600 |
Clause 175ZB | 600 |
Clause 175ZD | 500 |
Clause 213 (1) | 600 |
Clause 213 (2) (a) | 600 |
Clause 213 (2) (b) | 600 |
Clause 214 (1) | 600 |
Clause 214 (2) | 600 |
Clause 214 (3) (a) | 600 |
Clause 214 (3) (b) | 600 |
Clause 215 (1) | 600 |
Clause 215 (2) (a) | 600 |
Clause 215 (2) (b) | 600 |
Clause 220 (1A) | 200 |
Clause 220 (1D) | 600 |
Clause 220 (1) | 600 |
Clause 220 (2) | 600 |
Clause 223 (1) (a) and (b) | 200 |
Clause 223 (2) (a) and (b) | 200 |
Clause 226 (2) | 600 |
Clause 226 (3) | 600 |
Clause 226 (4) | 600 |
Clause 226 (5) | 600 |
Clause 226 (6) | 600 |
Clause 227 (2) | 600 |
Clause 227 (3) | 600 |
Clause 228 (2) (a) | 200 |
Clause 228 (2) (b) | 200 |
Clause 228 (2) (c) | 200 |
Clause 228 (2) (d) | 200 |
Clause 228 (3) | 200 |
Clause 229 (2) | 600 |
Clause 229 (3) | 600 |
Clause 229 (4) | 600 |
Clause 229 (5) | 600 |
Clause 235 (1) | 600 |
Clause 235 (3) | 600 |
Clause 235 (4) | 600 |
Clause 240 (1) | 600 |
Clause 240 (3) | 600 |
Clause 240 (4) | 600 |
Clause 247 (1) | 600 |
Clause 253 | 600 |
Clause 254 (2) | 600 |
Clause 254 (3) | 600 |
Clause 254 (4) | 600 |
Clause 254 (5) | 600 |
Clause 254 (6) | 600 |
Clause 254 (7) | 600 |
Clause 254 (8) | 600 |
Clause 256 | 200 |
Clause 259 (1) | 600 |
Clause 259 (2) | 600 |
Clause 259 (3) | 600 |
Clause 259 (4) | 600 |
Clause 259 (5) | 600 |
Clause 259 (6) | 600 |
Clause 264F (1) | 600 |
Clause 264F (2) | 600 |
Clause 264F (3) | 600 |
Clause 264L (3) | 1,000 |
Clause 270 (1) | 600 |
Clause 270 (2) | 600 |
Clause 270 (3) | 600 |
Clause 281 (3) | 1,000 |
Clause 301 (1) | 600 |
Clause 301 (2) | 600 |
Clause 301 (3) | 600 |
Clause 318 (1) | 600 |
Clause 318 (2) | 600 |
Clause 318 (4) | 600 |
Clause 332 (1) | 600 |
Clause 332 (3) | 600 |
Clause 345 (1) | 600 |
Clause 345 (3) | 600 |
Schedule 3, clause 4—in relation to clause 261 (3) of the Dangerous Goods (General) Regulation 1999 | 550 |
Schedule 3, clause 4—in relation to clause 263 (1) of the Dangerous Goods (General) Regulation 1999 | 550 |
Schedule 3, clause 4—in relation to clause 264 (1) of the Dangerous Goods (General) Regulation 1999 | 550 |
Schedule 3, clause 4—in relation to clause 265 (a) of the Dangerous Goods (General) Regulation 1999 | 550 |
Schedule 3, clause 4—in relation to clause 265 (b) of the Dangerous Goods (General) Regulation 1999 | 550 |
Schedule 3, clause 4—in relation to clause 267 (1) of the Dangerous Goods (General) Regulation 1999 | 220 |
Schedule 3, clause 4—in relation to clause 268 (1) of the Dangerous Goods (General) Regulation 1999 | 220 |
Schedule 3, clause 4—in relation to clause 276 (3) of the Dangerous Goods (General) Regulation 1999 | 550 |
Schedule 3, clause 4—in relation to clause 278 (1) of the Dangerous Goods (General) Regulation 1999 | 550 |
Schedule 3, clause 4—in relation to clause 278 (2) of the Dangerous Goods (General) Regulation 1999 | 550 |
Schedule 3, clause 4—in relation to clause 293 (2) of the Dangerous Goods (General) Regulation 1999 | 550 |
Schedule 3, clause 4—in relation to clause 331 of the Dangerous Goods (General) Regulation 1999 | 550 |
Clause 5 | 250 |
sch 2: Am 11.1.2002; 22.8.2003; 19.3.2004; 2005 (205), Sch 1 [1] [2]; 2005 (531), Sch 1 [24]; 2008 (271), Sch 1 [9]; 2010 (535), cl 3; 2010 (576), Sch 1 [13]; 2011 (73), Sch 1 [2].
Schedule 3 Savings and transitional provisions
(Clause 362)
1 Savings relating to prohibition of chrysotile (white asbestos)
Clauses 159 and 164 do not apply to the supply or use of a product containing chrysotile that was installed and in use before 31 December 2003.
2 Transitional arrangements relating to prohibition of chrysotile (white asbestos)
Clauses 159 and 164 do not apply, until the date specified, to the supply or use of the following items that contain chrysotile:(a) until 31 December 2004, compressed asbestos fibre gaskets used with saturated steam or superheated steam or with substances classified as dangerous goods under the Dangerous Goods Act 1975, including goods with corrosive, flammable, very toxic and toxic classifications,(b) despite paragraph (a), until 31 December 2006, compressed asbestos fibre gaskets used with chlorine in liquid chlorine service plants with designed process conditions of -45 degrees Celsius and 1,500kPa pressure,(c) until 31 December 2007, any product consisting of a mixture of asbestos with phenol formaldehyde resin or with cresylic formaldehyde resin used in:(i) vanes for rotary vacuum pumps, or(ii) vanes for rotary compressors, or(iii) split face seals of at least 150 millimetres diameter used to prevent leakage of water from cooling water pumps in fossil fuel electricity generating stations,(d) until 31 December 2006, diaphragms for use in electrolytic cells used for chlor-alkali manufacture in electrolysis plants in existence on 31 December 2003,(e) until 31 December 2007, or such earlier day on which the relevant exemption ceases to have effect, parts and components that are the subject of an exemption granted under Schedule 1B to the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994.
3 Saving of certain Dangerous Goods Regulation provisions relating to pipelines
(1) Despite the repeal of the Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999, the following provisions (which relate to pipelines) continue to have effect:(a) clauses 192, 193 and 198 of that Regulation,(b) for the purpose of those clauses, the definition of pipeline in section 4 of that Act.(2) Contravention of a provision referred to in subclause (1) is an offence against this clause.Maximum penalty: Level 4.(3) The provisions referred to in subclause (1) do not apply to:(a) the transport of any dangerous goods by road or rail, orto the extent to which the transport, activity or matter is regulated by the Road and Rail Transport (Dangerous Goods) Act 1997 or any regulations under that Act.(b) any associated activity or matter,
4 Saving of Dangerous Goods Regulation relating to ports
(1) Despite the repeal of the Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999, the provisions of Part 11 (Special requirements relating to ports) of that Regulation continue to have effect.(2) Contravention of a provision referred to in subclause (1) is an offence against this clause.Maximum penalty: Level 4.(3) For the purposes of section 108 (9) (b) (Penalty notices for certain offences) of the Act, a member of staff of a Port Corporation (within the meaning of the Ports Corporatisation and Waterways Management Act 1995) to whom the Port Corporation issued written authorisation for the purposes of the Dangerous Goods (General) Regulation 1999 is declared to be an authorised officer in relation to an offence against this clause:(a) that relates to the contravention of a provision of Part 11 of the Dangerous Goods (General) Regulation 1999 that was prescribed by that Regulation as an offence for which a penalty notice may have been served, and(b) that is committed in an area where a Port Corporation exercises port safety functions to which an operating licence held by it under that Act applies.
5 Other Dangerous Goods Regulation savings and transitional provisions
(1) Despite the repeal of the Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999, clause 99 (Notices and labels to be exhibited at depots) of that Regulation continues to have effect until 1 September 2006.(2) A person who held a licence under the Dangerous Goods Act 1975 immediately before the repeal of that Act is not required to comply with clause 174ZS (Notification to WorkCover) of this Regulation until whichever of the following dates is the earlier:(a) the date of the day after the day on which that licence would have expired,(b) the date of the day that is 12 months after the date of repeal of that Act.
6 Refund of fees for certificates of competency for formwork and operation and use of explosive-powered tools
(1) This clause applies to a fee paid by or on behalf of a person for a certificate of competency issued under Part 9.2 that the person is no longer required to hold because of the repeal of that Part by the Occupational Health and Safety Amendment (Certificates of Competency) Regulation 2010.(2) A person may apply to WorkCover for a refund of a fee to which this clause applies if the person:(a) paid the fee, or(b) is applying for or on behalf of the person who paid the fee.(3) The fee is to be refunded, on a pro rata basis, to a person who makes an application under subclause (2).(4) In this clause, fee means any of the following:(a) a fee for the grant of a new certificate of competency,(b) a fee for the renewal of a certificate of competency.
7 Construction of certain references
A reference in any other statutory instrument to an explosive-powered tool within the meaning of Part 9.2 of this Regulation is to be construed as a reference to an explosive-powered tool within the meaning of that Part as in force immediately before its repeal by the Occupational Health and Safety Amendment (Certificates of Competency) Regulation 2010.
sch 3: Ins 19.12.2003. Am 2004 No 55, Sch 2.25 [2]; 2005 (531), Sch 1 [25]; 2010 (2), Sch 1 [2].
Schedules 4, 4A (Repealed)
sch 4: Ins 14.5.2004. Am 2005 (531), Sch 1 [26]. Subst 2006 (793), Sch 1 [7]. Rep 2008 (193), Sch 1 [140].
sch 4A: Ins 2006 (793), Sch 1 [8]. Rep 2008 (193), Sch 1 [141].
Schedule 5 Quantities of dangerous goods
(Clauses 174ZC, 174ZJ, 174ZN and 174ZS)
1
For the purposes of the Table below, the placarding quantity or manifest quantity is equal to the total of the quantities determined in accordance with items 2 and 3.
2
In relation to:
(a) packaged dangerous goods in a container that are:(i) non-liquid dangerous goods (other than Class 2 dangerous goods)—the quantity is to be determined by the net mass in kilograms of the goods in the container, and(ii) liquid dangerous goods (other than Class 2 dangerous goods)—the quantity is to be determined by the net capacity of the container, and(iii) Class 2 dangerous goods—the quantity is to be determined by the water capacity of the container, and
(b) dangerous goods in bulk that are:(i) non-liquid dangerous goods (other than Class 2 dangerous goods)—the quantity is to be determined by the mass in kilograms that the container is designed to hold, and(ii) liquid dangerous goods (other than Class 2 dangerous goods)—the quantity is to be determined by the design capacity of the container in litres, and(iii) Class 2 dangerous goods—the quantity is to be determined by the water capacity of the container, and(iv) solid dangerous goods not in a container—the quantity is to be determined by the undivided mass in kilograms, and
(c) dangerous goods that are articles or things—the quantity is to be determined by the net quantity of that part of the article or thing that is in itself dangerous goods.
3
In the Table below, kg or L means, where this combination of letters immediately follows numbers, the combined total of:in accordance with item 2.
(a) the number of kilograms of non-liquid dangerous goods (other than Class 2 dangerous goods), and
(b) the number of litres of liquid dangerous goods (other than Class 2 dangerous goods), and
(c) the water capacity of containers of Class 2 dangerous goods,
4
For the purposes of the Table below, separately, in relation to the storage or handling of dangerous goods separately from other dangerous goods, means the physical separation of the dangerous goods from other dangerous goods, by either distance or a physical barrier
Table
Group | Description of dangerous goods | Packing Group | Placarding quantity | Manifest quantity |
1 | Class 2 | |||
Class 2.1 | Not Applicable | 500 L | 5,000 L | |
Class 2.2 Subsidiary Risk 5.1 | Not Applicable | 2,000 L | 10,000 L | |
Other Class 2.2 | Not Applicable | 5,000 L | 10,000 L | |
Class 2.3 | Not Applicable | 50 L | 500 L | |
Aerosols | Not Applicable | 5,000 L | 10,000 L | |
Cryogenic Fluids | Not Applicable | 1,000 L | 10,000 L | |
2 | Class 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1 or 8 | I | 50 kg or L | 500 kg or L |
II | 250 kg or L | 2,500 kg or L | ||
III | 1,000 kg or L | 10,000 kg or L | ||
Mixed Packing Groups in a single Class with the quantity of each Packing Group below the specified quantity for the Packing Group. | 1,000 kg or L | 10,000 kg or L | ||
3 | Class 9 | II | 1,000 kg or L | 10,000 kg or L |
III | 5,000 kg or L | 10,000 kg or L | ||
Mixed Packing Groups in Class 9 with the quantity of each Packing Group below the specified quantity for the Packing Group. | 5,000 kg or L | 10,000 kg or L | ||
4 | Mixed Classes of dangerous goods where none of the Classes, types or Packing Groups (if any) present exceeds the quantities specified for the relevant quantity in Item 1, 2 or 3 of this Table. | Not Applicable | 5,000 kg or L—The quantity applies only if the placarding quantity for an individual Class that is present is 5,000 kg or L. | 10,000 kg or L |
2,000 kg or L—The quantity applies only if the placarding quantity for all of the Classes present is 2,000 kg or L or less. | ||||
5 | C1 combustible liquids stored and handled with fire risk dangerous goods where none of the Classes, types or Packing Groups (if any) present exceeds the relevant quantities in Item 1, 2 or 3 of this Table. | Not Applicable | 1,000 kg or L | 10,000 kg or L |
6 | Goods too dangerous to be transported that are not kept in a laboratory. | Not Applicable | Any quantity | Any quantity |
7 | C1 combustible liquids in bulk stored and handled separately from other dangerous goods. | Not Applicable | 10,000 L | 100,000 L |
C1 combustible liquids stored and handled in packages separately from other dangerous goods. | Not Applicable | 50,000 L | 100,000 L | |
C1 combustible liquids in bulk and in packages stored and handled separately from other dangerous goods provided the quantity in bulk is 10,000 L or less. | Not Applicable | 50,000 L | 100,000 L |
Note—
For the purposes of item 3 in the Table, where Class 9 dangerous goods do not have a Packing Group assigned to them, they are deemed to be assigned to Packing Group III.
schs 5–7: Ins 2005 (531), Sch 1 [27].
Schedule 6 Placarding requirements
(Clauses 174ZJ and 174ZK)
1 Outer warning placard
(1) The placard must have:(a) the form shown in Figure 1, and(b) dimensions not less than those shown in Figure 1.(2) The placard must display the word “HAZCHEM” in red letters not less than 100 mm high and of the style shown in Figure 1, on a white or silver background.(3) For the purposes of subclause (2), red means the colour Signal Red in accordance with AS 2700S—1996 (R13), Colour Standards for general purposes—Signal Red.Figure 1—Form and dimensions of an outer warning placard
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2 Placard for dangerous goods in bulk of Class 2.1, 2.2, 2.3, 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 8 or 9
(1) The placard must have:(a) the form shown in Figure 2, and(b) dimensions not less than those shown in Figure 2.(2) The placard must contain the following information:(a) in space (p) in Figure 2, the proper shipping name,(b) in space (q) in Figure 2, the UN Number,(c) in space (r) in Figure 2, the Hazchem Code for the dangerous goods specified in the ADG Code,(d) in space (s) in Figure 2, the Class label and Subsidiary Risk label, if any.(3) For the purposes of subclause (2) (d):(a) the Class label and the Subsidiary Risk label, if any, must have the form and colouring specified in the ADG Code, and(b) if there is more than one Subsidiary Risk label, the width of the right hand portion of the placard may be extended.
3 Placard for dangerous goods in bulk that are goods too dangerous to be transported
(1) The placard must have:(a) the form shown in Figure 2, and(b) dimensions not less than those shown in Figure 2.(2) The placard must contain the following information:(a) in space (p) in Figure 2, the name for the goods specified in Appendix 5 of the ADG Code,(b) space (q) in Figure 2 must be left blank,(c) space (r) in Figure 2 must be left blank,(d) in space (s) in Figure 2, the label specified in Figure 4.Figure 2—Template for a placard for dangerous goods (other than C1 combustible liquids) in bulkNotes—1The numerals and letters used for showing the proper shipping name or name of the goods, UN Number and Hazchem Code must be:(a)black on a white background, except where a letter of the Hazchem Code is white on a black background, and(b)at least 100 mm high, except where the proper shipping name requires 2 lines to be used, in which case the lettering must be at least 50 mm high.2An Emergency Information Panel of a size and layout in accordance with the ADG Code for the dangerous goods that contains the information required by clause 2 or 3 may be used as a placard for a storage of dangerous goods in bulk instead of the placards referred to in clause 2 (1) or 3 (1).
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4 Placard for packaged dangerous goods
(1) The placard must have the form shown in Figure 3 and be of sufficient size to accommodate the labels to be displayed on it.(2) The placard must have a white or silver background.(3) The placard must display:(a) for dangerous goods present in the storage location, other than goods too dangerous to be transported:(i) the corresponding Class label for each Class of dangerous goods present in a quantity that exceeds the quantity specified in the column headed “Placarding quantity” in the Table to Schedule 5, and(ii) if the total quantity of mixed Classes of dangerous goods exceeds the mixed Classes quantity specified in Item 4 of the Table to Schedule 5:(A) a Class label for each Class of dangerous goods present that exceeds 50% of the quantity specified for the Class in Item 1, 2 or 3 of the Table, or(B) if no other Class label is required, a mixed Class label, and(iii) for C1 combustible liquids and fire risk dangerous goods in an aggregate quantity exceeding 1,000 L—a Class 3 Class label, and(b) for goods too dangerous to be transported present in the storage location, the label specified in Figure 4.Figure 3—Form and dimensions of a placard for storages of packaged dangerous goodsNote—The Class label, mixed Class label and the label required by clause 4 (3) must have sides at least 100 mm long.Figure 4—Form of a label for goods too dangerous to be transported
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5 Placard for C1 combustible liquids (in bulk and in packages)
A placard for C1 combustible liquids in bulk and in packages must display the words “COMBUSTIBLE LIQUID” as shown in Figure 5 in black letters in the style shown, not less than 100 mm high and on a white or silver background.Figure 5—Placard for C1 combustible liquids
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schs 5–7: Ins 2005 (531), Sch 1 [27].
Schedule 7 Information to be contained in a manifest
(Clause 174ZN)
1 General information
(1) The name of the occupier of the premises.(2) The address of the premises.(3) The date when the manifest was prepared or last revised.
2 Emergency contacts
Contact information for at least 2 persons (or for one person if that person is available at all times) who may be contacted in the event of an emergency for information as to the nature and quantity of dangerous goods likely to be on the premises.
3 Summary information about Classes of dangerous goods
A summary list that specifies the maximum quantity of:(a) each Packing Group of each Class of dangerous goods that has Packing Groups, and(b) each Class of dangerous goods that does not have Packing Groups, and(c) C1 combustible liquids, andthat the premises may store or handle.(d) each type of goods too dangerous to be transported,
4 Dangerous goods stored in bulk other than in IBCs
(1) In relation to each container (other than an IBC) and each other form of storage of dangerous goods in bulk at the premises:(a) the identification number or code, and(b) the type and capacity.(2) In relation to dangerous goods that are:(a) dangerous goods other than C1 combustible liquids or goods too dangerous to be transported—the proper shipping name, the UN Number and Class of the dangerous goods, and(b) C1 combustible liquids—the product name and the statement “Combustible Liquid”, and(c) goods too dangerous to be transported—the name of the goods specified in Appendix 5 of the ADG Code and the statement “Goods too dangerous to be transported”.
5 Packaged dangerous goods
In relation to each storage location that contains packaged dangerous goods or dangerous goods in IBCs, and that is required to be placarded in accordance with Subdivision 6 of Division 3 of Part 6A.3:(a) the identification number or code for the storage location, and(b) for dangerous goods of Packing Group I or Class 2.3 that are likely to be kept in the storage location:(i) the proper shipping name of the dangerous goods that are assigned to a Class, and(ii) the Class, and(iii) the maximum quantity of each of the dangerous goods that may be stored or handled in the storage location, and(c) for goods too dangerous to be transported that are likely to be kept in the storage location:(i) the name of the dangerous goods specified in Appendix 5 of the ADG Code, and(ii) the statement “Goods too dangerous to be transported”, and(iii) the maximum quantity of each of the dangerous goods that may be stored or handled in the storage location, and(d) for other dangerous goods that are likely to be kept in the storage location:(i) for dangerous goods with an assigned Class—the Class for the dangerous goods, and(ii) for C1 combustible liquids—the statement “Combustible Liquid”, and(iii) in any case, the maximum quantity of each Class and the maximum quantity of C1 combustible liquids that may be stored or handled in the storage location.
6 Dangerous goods in manufacture
In relation to each location where dangerous goods are manufactured:(a) the identification number or code of the manufacturing location, and(b) for dangerous goods with an assigned Class—the Class of each type of dangerous goods and the maximum quantity of each Class that can be handled in the location, and(c) for goods too dangerous to be transported—the statement “Goods too dangerous to be transported” and the maximum quantity of those goods that can be handled in the location, and(d) for C1 combustible liquids—the statement “C1 combustible liquid” and the maximum quantity of C1 combustible liquids that can be handled in the location.
7 Dangerous goods loaded onto vehicle, vessel or aircraft
If, in relation to any dangerous goods loaded onto a vehicle, vessel or aircraft at the premises, there are dangerous goods shipping documents that comply with the ADG Code available for the goods, the information required by clauses 3, 4 and 5 may be provided in the form of a compilation of those shipping documents.
8 Plan of premises
A plan of the premises that:(a) shows the location of:(i) the containers and other forms of storage of dangerous goods in bulk referred to in clause 4, and(ii) the storage locations for packaged dangerous goods and dangerous goods in IBCs referred to in clause 5, and(iii) the locations where dangerous goods are manufactured referred to in clause 6, and(b) includes a description in words of the location of:(i) the items referred to in paragraph (a), and(ii) areas where dangerous goods loaded onto a vehicle, vessel or aircraft may be located, and(c) provides the identification number or code for the items referred to in paragraph (b), and(d) provides a legend for the identification numbers and codes referred to in paragraph (c), and(e) shows the location of:(i) the main entrance and the other points of entry to the premises, and(ii) essential site services, including fire services and isolation points for fuel and power, and(iii) the manifest, and(iv) all drains on the site, and(f) describes the nature of the occupancy of adjoining sites or premises.
schs 5–7: Ins 2005 (531), Sch 1 [27].
Schedule 8 Identification of a major hazard facility
(Clause 175A)
Determination of threshold quantities
The following rules apply to the determination of threshold quantities from Table 1 and Table 2:
(a) if the material is specifically listed in Table 1, the threshold quantity is to be determined from Table 1, and
(b) if a material is not specifically listed in Table 1, the appropriate threshold quantity is to be determined from Table 2 from the description which best applies to the material, and
(c) if more than one of the descriptions in Table 2 applies to a material, the description with the lowest threshold quantity is to be used.
Table 1
Material | UN numbers included under name | Threshold quantity (tonnes) |
ACETONE CYANOHYDRIN | 1541 | 20 |
ACETYLENE | 1001 | 50 |
ACROLEIN | 1092 | 200 |
ACRYLONITRILE | 1093 | 200 |
ALLYL ALCOHOL | 1098 | 20 |
ALLYLAMINE | 2334 | 200 |
AMMONIA, ANHYDROUS, LIQUEFIED or AMMONIA SOLUTIONS, relative density less than 0.880 at 15°C in water, with more than 50% ammonia | 1005 | 200 |
AMMONIUM NITRATE, with not more than 0.2% combustible substances, including any organic substances calculated as carbon, to the exclusion of any other added material | 1942 | 2500 |
AMMONIUM NITRATE FERTILIZERS | 2067 | 5000 |
2068 | ||
2069 | ||
2070 | ||
ARSENIC PENTOXIDE, Arsenic (V) Acid and other salts | 1559 | 10 |
ARSENIC TRIOXIDE, Arsenious (III) Acid and other salts | 1561 | 0.10 |
ARSINE | 2188 | 0.01 |
BROMINE or BROMINE SOLUTIONS | 1744 | 100 |
CARBON DISULFIDE | 1131 | 200 |
CHLORINE | 1017 | 25 |
DIOXINS | 0.10 | |
ETHYL NITRATE | 50 | |
ETHYLENE DIBROMIDE | 1605 | 50 |
ETHYLENE OXIDE | 1040 | 50 |
ETHYLENEIMINE | 1185 | 50 |
FLUORINE | 1045 | 25 |
FORMALDEHYDE | 1198 | 50 |
2209 | ||
HYDROFLUORIC ACID SOLUTION (greater than 50%) | 1790 | 50 |
HYDROGEN | 1049 | 50 |
HYDROGEN CHLORIDE | ||
—Anhydrous | 1050 | 250 |
—Refrigerated Liquid | 2186 | 250 |
HYDROGEN CYANIDE | 1051 | 20 |
1614 | ||
HYDROGEN FLUORIDE | 1052 | 50 |
HYDROGEN SULFIDE | 1053 | 50 |
LP GASES | 1011 | 200 |
1012 | ||
1075 | ||
1077 | ||
1978 | ||
METHANE or NATURAL GAS | 1971 | 200 |
1972 | ||
METHYL BROMIDE | 1062 | 200 |
METHYL ISOCYANATE | 2480 | 0.15 |
OXIDES OF NITROGEN, including nitrous oxide, nitrogen dioxide and nitrogen trioxide | 1067 | 50 |
1070 | ||
1660 | ||
1975 | ||
2201 | ||
2421 | ||
OXYGEN | 1072 | 2000 |
1073 | ||
PHOSGENE | 1076 | 0.75 |
PROPYLENE OXIDE | 1280 | 50 |
PROPYLENEIMINE | 1921 | 200 |
SODIUM CHLORATE, solid | 1495 | 200 |
SULFUR DICHLORIDE | 1828 | 1 |
SULFUR DIOXIDE, LIQUEFIED | 1079 | 200 |
SULFURIC ANHYDRIDE (Alt: SULFUR TRIOXIDE) | 1829 | 75 |
TITANIUM TETRACHLORIDE | 1838 | 500 |
TOLUENE DIISOCYANATE | 2078 | 200 |
Notes to Table 1—
1
The UN number listed against the named material is given for information only. It does not restrict the meaning of the name, which also applies to material that falls outside the UN number, for example, because it is too dangerous to transport or is part of a mixture covered by another UN number. However, any material that is covered by the listed UN numbers must be included in the quantity of the material named.
2
If a Schedule 8 material is part of a mixture, the equivalent quantity should be calculated as shown by Example 2 in Chapter 16 of the “National Code of Practice for the Control of Major Hazard Facilities”[NOHSC: 2016 (1996)].
Table 2
Material | Description | Threshold quantity (tonnes) |
Explosive materials | Explosives of Class 1.1A | 10 |
All other Explosives of Class 1.1 | 50 | |
Explosives of Class 1.2 | 200 | |
Explosives of Class 1.3 | 200 | |
Compressed and liquefied gases | Compressed or liquefied gases of Class 2.1 or Subsidiary Risk 2.1 | 200 |
Liquefied gases of Subsidiary Risk 5 | 200 | |
Compressed or liquefied gases that meet the criteria for Very Toxic in Table 4 to this Schedule | 20 | |
Compressed or liquefied gases that meet the criteria for Toxic in Table 4 to this Schedule | 200 | |
Flammable materials | Liquids that meet the criteria for Class 3 Packing Group I (Except for crude oil in remote locations) | 200 |
Crude oil in remote locations that meets the criteria for Class 3 Packing Group I | 2000 | |
Liquids that meet the criteria for Class 3 Packing Group II or III | 50,000 | |
Liquids with flashpoints <61°C kept above their boiling points at ambient conditions | 200 | |
Combustible solids that meet the criteria for Class 4.1 Packing Group I | 200 | |
Spontaneously combustible materials that meet the criteria for Class 4.2 Packing Group I or II | 200 | |
Materials which liberate flammable gases or react violently on contact with water and that meet the criteria for Class 4.3 Packing Group I or II | 200 | |
Materials which belong to Classes 3 or 8 Packing Group I or II which have Hazchem codes of 4WE (materials which react violently with water) | 500 | |
Oxidizing materials | Oxidizing materials identified in the ADG Code as being goods too dangerous to be transported | 50 |
Oxidizing materials that meet the criteria for Class 5.1 Packing Group I or II | 200 | |
Peroxides | Peroxides identified in the ADG Code as being goods too dangerous to be transported | 50 |
Organic Peroxides that meet the criteria for Class 5.2 | 200 | |
Toxic solids and liquids | Materials that meet the criteria for Very Toxic in Table 4 to this Schedule | 20 |
Materials that meet the criteria for Toxic in Table 4 to this Schedule | 200 |
Notes to Table 2—
1
ADG Code means the current edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail.
2
Class means the Class of dangerous goods referred to in the current edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail.
3
Packing Group means the particular Packing Group determined from the current edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail.
4
Materials referred to in the Table belong to a Class or Packing Group regardless of whether or not they are packaged for transport or under pressure.
5
The quantities specified for explosives relate to the weight of explosive exclusive of any non-explosive components.
6
If explosives of different Hazard Divisions are present in the same area or storage, all of the explosives shall be classified in accordance with Table 3 to this Schedule.
Table 3: Determination of precedence of hazard division
Hazard Division | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6 |
1.1 | 1.1 | 1.1 | 1.1 | 1.1 | 1.1 | 1.1 |
1.2 | 1.1 | 1.2 | 1.1 | 1.2 | 1.1 | 1.2 |
1.3 | 1.1 | 1.1 | 1.3 | 1.3 | 1.1 | 1.1 |
1.4 | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6 |
1.5 | 1.1 | 1.1 | 1.1 | 1.5 | 1.5 | 1.5 |
1.6 | 1.1 | 1.2 | 1.1 | 1.6 | 1.5 | 1.6 |
Notes to Table 3—
1
The precedence of hazard division of explosives of two different hazard divisions is the hazard division determined by taking the hazard division of one explosive in the vertical hazard division column of Table 3, and the hazard division of the other explosive in the horizontal hazard division column of the Table, and reaching the place in the Table where the two columns intersect.
2
If explosives of more than two hazard divisions are present together, the precedence of hazard division of those explosives is determined by taking any two of those hazard divisions and determining their precedence of hazard division in accordance with Note 1, then taking that collective hazard division and another of the hazard divisions and determining their precedence of hazard division in accordance with Note 1 and then continuing this process until all hazard divisions present have been considered.
Table 4: Criteria for toxicity
Description | Oral toxicity1 LD50 (mg/kg) | Dermal toxicity2 LD50 (mg/kg) | Inhalation toxicity3 LC50 (mg/L) |
Very Toxic | LD50≤ 5 | LD50≤ 40 | LC50≤ 0.5 |
Toxic | 5 < LD50≤ 50 | 40 < LD50≤ 200 | 0.5 < LC50≤ 2 |
Key
1
In rats
2
In rats or rabbits
3
4 hours in rats
Note to Table 4—
The criteria for toxicity are defined according to the Australian Code for the Transport of Dangerous Goods by Road and Rail and its appendices.
sch 8: Ins 2008 (271), Sch 1 [10].