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Contents (2001 - 648)
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Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 21 September 2019 at 07:04)
Chapter 5
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, or
(d)  rollers,
and includes the supporting structure and auxiliary equipment and used in connection with the conveyor.
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 1200:2000 Pressure 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—1999 Pressure 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.
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—1999 Pressure 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—1987 Serially 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 3788:1996 Pressure equipment—In-service inspection,
(d)  lifts (including escalators and moving walkways) as defined in AS 1735.1—1999 Lifts, escalators and moving walks Part 1: General requirements,
(e)  amusement devices (other than coin operated amusement devices),
(f)  gas cylinders.
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, and
(b)  unless the context otherwise requires—alterations to plant designs,
that are commenced after the prescribed date.
(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.
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, or
(b)  imports plant designed outside the State for supply to others or for the person’s own use,
must ensure that the responsibilities of a designer under this Division are met in relation to the plant.
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.
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, and
(c)  plant stopping capabilities,
whereby 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.
(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, and
(b)  more than one control is fitted to the plant,
the 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.
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—1996 Tractors—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—1997 Earth-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.
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, and
(f)  amusement devices,
complies with relevant standards listed in Schedule 1 (Standards covering design and manufacture of plant).
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.
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.
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, and
Note.
 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.
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—1996 Tractors—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—1997 Earth-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), and
(b)  the safety requirements specified in subclause (1) of this clause,
when determining measures to control the risk of overturning or of a falling object coming into contact with the operator.
Maximum penalty: Level 4.
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 9001:1994 Quality 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.
Table
Part 1   General plant
Boilers and pressure vessels categorised as being of hazard level A, B, C or D according to the criteria in AS 4343—1999
Gas cylinders
Tower cranes
Gantry cranes with a rated capacity greater than 5 tonnes
Bridge cranes with a rated capacity greater than 10 tonnes
Gantry 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 tonnes
Boom-type elevating work platforms
Lifts (including escalators and moving walkways)
Building maintenance units
Hoists, with a platform movement in excess of 2.4 metres, designed to lift people
Work boxes suspended from cranes
Prefabricated scaffolding
Mast climbing work platforms
Vehicle hoists
Amusement devices (other than coin operated amusement devices) that are, or may be, operated otherwise than by manual power
Part 2   Mining specific plant
Diesel engine systems used in underground mines at a coal workplace
Powered winding systems used in a mining workplace or coal workplace
Booster fans used in underground mines at a coal workplace
Braking systems on plant used in underground transport in underground mines at a coal workplace
Canopies on continuous miners used in underground mines at a coal workplace
Portable 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 workplace
Breathing apparatus to assist escape from the underground parts of the coal operation (including self-rescuers) used in underground mines at a coal workplace
Shotfiring apparatus used in underground mines at a coal workplace
Detonators used in underground mines at a coal workplace
Explosive-powered tools used in underground mines at a coal workplace
Refuge chambers used in underground mines at a coal workplace
Conveyor belts used in underground mines at a coal workplace
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.
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.
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.
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.
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.
Table
Part 1   General plant
Boilers categorised as being of hazard level A, B or C according to the criteria in AS 4343—1999
Pressure 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 3788:1996
Lifts (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 power
Tower cranes
Building maintenance units
Concrete placing units (truck mounted with boom)
Mobile cranes with a safe working load greater than 10 tonnes
Part 2   Mining specific plant
Booster fans used in underground mines at a coal workplace
Diesel engine systems used in underground mines at a coal workplace
Powered winding systems used in a coal workplace or mining workplace.
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—1997 Amusement 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 3000:2000 Electrical installations (known as Australian/New Zealand Wiring Rules) and AS 3002—1985 Electrical 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.
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.
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.
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—1997 Amusement 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.
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.
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.
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.
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).)
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 3788:1996 Pressure 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—1996 Tractors—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—1996 Tractors—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—1997 Earth-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, or
(b)  AS 2294.1—1997, AS 2294.2—1997 or AS 2294.3—1997,
whichever is appropriate.
(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.
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 kept
Boilers categorised as being of hazard level A, B or C according to the criteria in AS 4343—1999
Pressure 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 3788:1996
Tower cranes
Lifts (including escalators and moving walkways)
Building maintenance units
Concrete placing units (truck mounted with boom)
Personnel and materials hoists
Concrete placing units
Industrial lift trucks
Mobile cranes
Gantry cranes with a rated capacity greater than 5 tonnes
Bridge cranes with a rated capacity greater than 10 tonnes
Gantry cranes and bridge cranes designed to handle molten metal or dangerous goods (within the meaning of the ADG Code)
Boom-type elevating work platforms
Hoists, with a platform movement in excess of 2.4 metres, designed to lift or support people
Mast climbing work platforms
Vehicle hoists
Amusement devices
Powered winding systems used in underground mines at a mining workplace or a coal workplace
Conveyors in a mining workplace
Earth moving machinery in a mining workplace
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.
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.
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.
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).)
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.
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.
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.
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—1997 Amusement 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 3788:1996 Pressure 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—1996 Tractors—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—1996 Tractors—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—1997 Earth-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, or
(b)  AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997,
whichever is appropriate.
(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.
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.