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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Repealed version for 7 June 2011 to 31 December 2011 (accessed 10 December 2019 at 10:49)
Chapter 5 Part 5.4
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.