Work Health and Safety Regulation 2011
Part 1.1 Introductory matters
Note.The numbering of provisions of this Regulation closely corresponds to the same numbering of regulations in model regulations prepared for and approved by the Council of Australian Governments. To maximise uniformity between this Regulation and the model regulations, the numbers of some provisions in the model regulations that are not relevant have not been used in the numbering of provisions of this Regulation, unless required for provisions particular to the State.
Adoption of the numbering of the model regulations also results in alphanumeric numbering (for example, clause 272A and Schedule 18A) being used to insert further provisions particular to the State.
1 Name of Regulation
This Regulation is the Work Health and Safety Regulation 2011.
(1) This Regulation (subject to subclause (2)) commences on 1 January 2012 and is required to be published on the NSW legislation website.(2) Clause 164 commences on 1 January 2013.
3 Authorising provisions
* * * * *Note.The Model Work Health and Safety Regulations contain a provision dealing with authorising provisions of legislation.
The Regulations listed in Schedule 1 are repealed.
(1) In this Regulation:abrasive blasting means propelling a stream of abrasive material at high speed against a surface using compressed air, liquid, steam, centrifugal wheels or paddles to clean, abrade, etch or otherwise change the original appearance or condition of the surface.accredited assessor means:(a) a person who is accredited under Part 4.5 to conduct assessments, or(b) the regulator.ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, approved by the Australian Transport Council.Note.The ADG Code is accessible at www.ntc.gov.au.administrative control means a method of work, a process or a procedure designed to minimise risk, but does not include:(a) an engineering control, or(b) the use of personal protective equipment.airborne contaminant means a contaminant in the form of a fume, mist, gas, vapour or dust, and includes micro-organisms.amusement device means plant operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers or other users travel or move on, around or along the equipment, but does not include:(a) a miniature train and railway system owned and operated by a model railway society, club or association, or(b) a ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under another Act or an Act of the Commonwealth, or(c) a boat or flotation device:(i) that is solely propelled by a person who is in or on the boat or device, and(ii) that is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on any artificial flow of water to move, or(d) any plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity, or(e) a coin-operated or token-operated device that:(i) is intended to be ridden, at the one time, by not more than 4 children who must be below the age of 10 years, and(ii) is usually located in a shopping centre or similar public location, and(iii) does not necessarily have an operator.article means a manufactured item, other than a fluid or particle, that:(a) is formed into a particular shape or design during manufacture, and(b) has hazard properties and a function that are wholly or partly dependent on the shape or design.asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals including the following:(a) actinolite asbestos,(b) grunerite (or amosite) asbestos (brown),(c) anthophyllite asbestos,(d) chrysotile asbestos (white),(e) crocidolite asbestos (blue),(f) tremolite asbestos,(g) a mixture that contains 1 or more of the minerals referred to in paragraphs (a) to (f).asbestos containing material (ACM) means any material or thing that, as part of its design, contains asbestos.asbestos-contaminated dust or debris (ACD) means dust or debris that has settled within a workplace and is, or is assumed to be, contaminated with asbestos.asbestos management plan—see clause 429 or 432.asbestos register—see clause 425.means work involving asbestos (other than asbestos removal work to which Part 8.7 applies) that is permitted under the exceptions set out in clause 419 (3), (4) and (5).asbestos removal licence means a Class A asbestos removal licence or a Class B asbestos removal licence.asbestos removal work means:(a) work involving the removal of asbestos or ACM, or(b) in Part 8.10, Class A asbestos removal work or Class B asbestos removal work.asbestos removalist means a person conducting a business or undertaking who carries out asbestos removal work.asbestos waste means asbestos or ACM removed and disposable items used during asbestos removal work including plastic sheeting and disposable tools.biological monitoring means:(a) the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance, or(b) blood lead level monitoring.blood lead level means the concentration of lead in whole blood expressed in micromoles per litre (µmol/L) or micrograms per decilitre (µg/dL).blood lead level monitoring means the testing of the venous or capillary blood of a person by a laboratory accredited by NATA, under the supervision of a registered medical practitioner, to determine the blood lead level.boiler means:(a) a vessel, or an arrangement of vessels and interconnecting parts, in which steam or vapour is generated or in which 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, andbut does not include:(b) the superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, boiler setting and other equipment directly associated with those vessels,(c) except in Schedules 3 and 4, a fully flooded or pressurised system where water or another liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid, or(d) for the purposes of Parts 5.2 and 5.3 and in Schedules 3 and 4, a boiler designed or manufactured to the following codes:(i) AMBSC Part 1—Australian Miniature Boiler Safety Committee Code for Copper Boilers,(ii) AMBSC Part 2—Australian Miniature Boiler Safety Committee Code for Steel Boilers,(iii) AMBSC Part 3—Australian Miniature Boiler Safety Committee Code for Sub-Miniature Boilers,(iv) AMBSC Part 4—Australian Miniature Boiler Safety Committee Code for Duplex Steel Boilers, or(e) in Schedules 3 and 4:(i) a direct fired process heater, or(ii) boilers with less than 5 square metres heating surface or 150 kilowatt output, or(iii) unattended boilers certified in compliance with AS 2593:2004 (Boilers—Safety management and supervision systems).boom-type elevating work platform means a telescoping device, hinged device, or articulated device, or any combination of these, used to support a platform on which personnel, equipment and materials may be elevated.bridge crane means a crane that:(a) consists of a bridge beam or beams, that are mounted to end carriages at each end, and(b) is capable of travelling along elevated runways, and(c) has 1 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.bulk, in relation to a hazardous chemical, means any quantity of a hazardous chemical that is:(a) in a container with a capacity exceeding 500 litres or net mass of more than 500 kilograms, or(b) if the hazardous chemical is a solid—an undivided quantity exceeding 500 kilograms.capacity, of a container (in Chapter 7), means the internal volume of the container at a temperature of 15°C expressed in litres.card holder means the person to whom a general construction induction training card is issued.certificate of medical fitness means a certificate of medical fitness that complies with clause 169.certification, in relation to a specified VET course, means:(a) a statement of attainment issued by an RTO stating that the person to whom it is issued has successfully completed the specified VET course, or(b) in the case of high risk work—a notice of satisfactory assessment stating that the person to whom it is issued has successfully completed the specified VET course, or(c) an equivalent statement or notice issued by a corresponding RTO.certified safety management system, in Chapter 8, means a safety management system that complies with AS 4801:2001 (Occupational health and safety management systems), or an equivalent system determined by the regulator.chemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service, or a technical name, that gives a chemical a unique identity.class means:(a) in relation to high risk work, a class of work specified in Schedule 3,(b) in relation to asbestos removal work, Class A asbestos removal work or Class B asbestos removal work.Class A asbestos removal licence means a licence that authorises the carrying out of Class A asbestos removal work and Class B asbestos removal work by or on behalf of the licence holder.Class A asbestos removal work means work that is required to be licensed under clause 485.Class B asbestos removal licence means a licence that authorises the carrying out of Class B asbestos removal work by or on behalf of the licence holder.Class B asbestos removal work means work that is required to be licensed under clause 487, but does not include Class A asbestos removal work.class label means a pictogram described in the ADG Code for a class, or division of a class, of dangerous goods.clearance certificate—see clause 474.clearance inspection—see clause 473.combustible dust means finely divided solid particles (including dust, fibres or flyings) that are:(a) suspended in air or settle out of the atmosphere under their own weight, and(b) able to burn or glow in air, and(c) able to form an explosive mixture with air at atmospheric pressure and normal temperature.combustible liquid means a liquid, other than a flammable liquid, that has a flash point, and a fire point less than its boiling point.combustible substance means a substance that is combustible, and includes dust, fibres, fumes, mists or vapours produced by the substance.Examples.Wood, paper, oil, iron filings.competency assessment, in Part 4.5, means an assessment in relation to the completion of a specified VET course to carry out a class of high risk work.competent person means:(a) for electrical work on energised electrical equipment or energised electrical installations (other than testing referred to in clauses 150 and 165)—a person who is authorised under the Home Building Act 1989 to do electrical wiring work,(b) for general diving work—see clauses 174 and 177,(c) for a major inspection of a mobile crane or a tower crane under clause 235—see clause 235,(d) for an inspection of an amusement device or passenger ropeway under clause 241—see clause 241,(e) for design verification under clause 252—a person who has the skills, qualifications, competence and experience to design the plant or verify the design,(f) for a clearance inspection under clause 473—a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds:(i) a certification in relation to the specified VET course for asbestos assessor work, or(ii) a tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction or environmental health,(g) for any other case—a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task.concrete placing boom means plant incorporating a knuckle boom, 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.confined space means an enclosed or partially enclosed space that:(a) is not designed or intended primarily to be occupied by a person, and(b) is, or is designed or intended to be, at normal atmospheric pressure while any person is in the space, andbut does not include a mine shaft or the workings of a mine.(c) is or is likely to be a risk to health and safety from:(i) an atmosphere that does not have a safe oxygen level, or(ii) contaminants, including airborne gases, vapours and dusts, that may cause injury from fire or explosion, or(iii) harmful concentrations of any airborne contaminants, or(iv) engulfment,confined space entry permit means a confined space entry permit issued under clause 67.construction project—see clause 292.construction work—see clause 289.consumer product means a thing that:(a) is packed or repacked primarily for use by a household consumer or for use in an office, and(b) if the thing is packed or repacked primarily for use by a household consumer—is packed in the way and quantity in which it is intended to be used by a household consumer, and(c) if the thing is packed or repacked primarily for use in an office—is packed in the way and quantity in which it is intended to be used for office work.container, in relation to a hazardous chemical, means anything in or by which a hazardous chemical is, or has been, wholly or partly covered, enclosed or packed, including anything necessary for the container to perform its function as a container.contaminant means any substance that may be harmful to health or safety.control measure, in relation to a risk to health and safety, means a measure to eliminate or minimise the risk.conveyor means equipment or apparatus operated by power other than manual power and 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 similar means, or(c) a rotating screw, or(d) a vibration or walking beam, orand includes the superstructure, gear and auxiliary equipment used in connection with that equipment or apparatus.(e) a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means,correct classification means the set of hazard classes and hazard categories assigned to a hazardous chemical when it is correctly classified.Note.Part 1 of Schedule 9 sets out when a hazardous chemical is correctly classified.crane means an appliance intended for raising or lowering a load and moving it horizontally including the supporting structure of the crane and its foundations, but does not include any of the following:(a) an industrial lift truck,(b) earthmoving machinery,(c) an amusement device,(d) a tractor,(e) an industrial robot,(f) a conveyor,(g) building maintenance equipment,(h) a suspended scaffold,(i) a lift.current certificate of medical fitness means a certificate of medical fitness that:(a) was issued within the past 12 months, and(b) has not expired or been revoked.demolition work means work to demolish or dismantle a structure, or part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, but does not include:(a) the dismantling of formwork, falsework, or other structures designed or used to provide support, access or containment during construction work, or(b) the removal of power, light or telecommunication poles.derrick crane means a slewing strut boom crane with its boom pivoted at the base of a mast that is:(a) guyed (guy derrick) or held by backstays (stiff legged derrick), and(b) capable of luffing under load.designer, in relation to plant, a substance or a structure, has the same meaning as it has in section 22 of the Act.determined major hazard facility means a facility that has been determined under clause 541 or 542 to be a major hazard facility.direct fired process heater means an arrangement of 1 or more coils, located in the radiant zone or convection zone, or both, of a combustion chamber, the primary purpose of which is to raise the temperature of a process fluid circulated through the coils, to allow distillation, fractionalism, reaction or other petrochemical processing of the process fluid, whether that fluid is liquid or gas, or a combination of liquid and gas.dogging work means:(a) the application of slinging techniques, including the selection and inspection of lifting gear, to safely sling a load, or(b) the directing of a plant operator in the movement of a load when the load is out of the operator’s view.duty holder, in Part 3.1, means a person referred to in clause 32.EANx, in Part 4.8, means a mixture of oxygen and nitrogen in which the volume of oxygen is at least 22%.earthmoving machinery means operator controlled 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.electrical equipment—see clause 144 (and clause 148 for Division 3 of Part 4.7).electrical installation—see clause 145 (and clause 148 for Division 3 of Part 4.7).electrical risk means risk to a person of death, shock or other injury caused directly or indirectly by electricity.electrical work—see clause 146.means a person or body engaged in the distribution of electricity to the public or in the generation of electricity for supply, directly or indirectly, to the public whether by statute, franchise agreement or otherwise and includes:emergency service organisation includes any of the following:(a) the Ambulance Service of NSW,(b) Fire and Rescue NSW,(c) the NSW Rural Fire Service,(d) the NSW Police Force,(e) the State Emergency Service,(f) the NSW Volunteer Rescue Association Inc,(g) the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,(h) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.emergency service worker includes an officer, employee or member of any of the following:(a) the Ambulance Service of NSW,(b) Fire and Rescue NSW,(c) the NSW Rural Fire Service,(d) the NSW Police Force,(e) the State Emergency Service,(f) the NSW Volunteer Rescue Association Inc,(g) the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,(h) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.engineering control means a control measure that is physical in nature, including a mechanical device or process.entry, by a person into a confined space, means the person’s head or upper body is in the confined space or within the boundary of the confined space.essential services means the supply of:(a) gas, water, sewerage, telecommunications, electricity and similar services, or(b) chemicals, fuel and refrigerant in pipes or lines.excavation means a trench, tunnel or shaft, but does not include:(a) a mine, or(b) a bore to which the Water Act 1912 applies, or(c) a trench for use as a place of interment.excavation work means work to:(a) make an excavation, or(b) fill or partly fill an excavation.exposure standard, except in Part 4.1, means an exposure standard in the Workplace Exposure Standard for Airborne Contaminants.exposure standard for noise—see clause 56.external review means an external review under Part 11.1.extra-low voltage means voltage that does not exceed 50 volts alternating current (50V AC) or 120 volts ripple-free direct current (120V ripple-free DC).facility, in Chapter 9, means a workplace at which Schedule 15 chemicals are present or likely to be present.fall arrest system means plant or material designed to arrest a fall.Example.An industrial safety net, a catch platform, a safety harness system (other than a system that relies entirely on a restraint technique system).fault, in relation to plant, means a break or defect that may cause the plant to present a risk to health and safety.female of reproductive capacity, in Part 7.2, means a female other than a female who provides information stating that she is not of reproductive capacity.fire risk hazardous chemical means a hazardous chemical that:(a) is any of the following:(i) a flammable gas,(ii) a flammable liquid (hazard category 1 to 3),(iii) a flammable solid,(iv) a substance liable to spontaneous combustion,(v) a substance which, in contact with water, emits flammable gases,(vi) an oxidizing substance,(vii) an organic peroxide, and(b) burns readily or supports combustion.fitness criteria, in relation to diving work, means the fitness criteria specified in clause M4 of Appendix M to AS/NZS 2299.1:2007 (Occupational diving operations—Standard operational practice).flammable gas has the same meaning as it has in the GHS.flammable liquid means a flammable liquid within the meaning of the GHS that has a flash point of less than 93°C.forklift truck, in Schedules 3 and 4, means a powered industrial truck equipped with lifting media made up of a mast and an elevating load carriage to which is attached a pair of fork arms or other arms that can be raised 900mm or more above the ground, but does not include a pedestrian-operated truck or a pallet truck.friable asbestos means material that:(a) is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry, and(b) contains asbestos.gantry crane means a crane that:(a) consists of a bridge beam or beams supported at one or both ends by legs mounted to end carriages, and(b) is capable of travelling on supporting surfaces or deck levels, whether fixed or not, and(c) has a crab with 1 or more hoisting units arranged to travel across the bridge.gas cylinder means a rigid vessel:(a) that does not exceed 3000 litres water capacity and is without openings or integral attachments on the shell other than at the ends, and(b) that is designed for the storage and transport of gas under pressure, and(c) that is covered by AS 2030.1:2009 (Gas cylinders—General requirements).general construction induction training means training delivered in Australia by an RTO for the specified VET course for general construction induction training.general construction induction training card means:(a) in Division 2 of Part 6.5—a general construction induction training card issued under that Division,(b) in any other case—a general construction induction training card issued:(i) under Division 2 of Part 6.5 or under a corresponding WHS law, or(ii) by an RTO under an agreement between the regulator and an RTO or a corresponding regulator and an RTO.general construction induction training certification means a certification for the completion of the specified VET course for general construction induction training.general diving work means work carried out in or under water while breathing compressed gas, and includes:(a) incidental diving work, andbut does not include high risk diving work.(b) limited scientific diving work,genuine research means systematic investigative or experimental activities that are carried out for either acquiring new knowledge (whether or not the knowledge will have a specific practical application) or creating new or improved materials, products, devices, processes or services.GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under Schedule 6.Note.The Schedule 6 tables replace some tables in the GHS.hazard category means a division of criteria within a hazard class in the GHS.hazard class means the nature of a physical, health or environmental hazard under the GHS.hazard pictogram means a graphical composition, including a symbol plus other graphical elements, that is assigned in the GHS to a hazard class or hazard category.hazard statement means a statement assigned in the GHS to a hazard class or hazard category describing the nature of the hazards of a hazardous chemical including, if appropriate, the degree of hazard.hazardous area means an area in which:(a) an explosive gas is present in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant, or(b) a combustible dust is present, or could reasonably be expected to be present, in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant.hazardous chemical means a substance, mixture or article that satisfies the criteria for a hazard class in the GHS (including a classification referred to in Schedule 6), but does not include a substance, mixture or article that satisfies the criteria solely for one of the following hazard classes:(a) acute toxicity—oral—category 5,(b) acute toxicity—dermal—category 5,(c) acute toxicity—inhalation—category 5,(d) skin corrosion/irritation—category 3,(e) serious eye damage/eye irritation—category 2B,(f) aspiration hazard—category 2,(g) flammable gas—category 2,(h) acute hazard to the aquatic environment—category 1, 2 or 3,(i) chronic hazard to the aquatic environment—category 1, 2, 3 or 4,(j) hazardous to the ozone layer.Note.The Schedule 6 tables replace some tables in the GHS.hazardous manual task means a task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing that involves 1 or more of the following:(a) repetitive or sustained force,(b) high or sudden force,(c) repetitive movement,(d) sustained or awkward posture,(e) exposure to vibration.Examples.1A task requiring a person to restrain live animals.2A task requiring a person to lift or move loads that are unstable or unbalanced or are difficult to grasp or hold.3A task requiring a person to sort objects on a conveyor belt.Hazchem Code means a Hazchem Code under the ADG Code, also known as an Emergency Action Code.head or upper body means the area of a person’s body at or above the person’s shoulders.health monitoring, of a person, means monitoring the person to identify changes in the person’s health status because of exposure to certain substances.heritage boiler means a boiler that:(a) was manufactured before 1952, and(b) is used for a historical purpose or activity, including an activity that is ancillary to a historical activity.Examples.1Historical activity: a historical display, parade, demonstration or re-enactment.2Activity ancillary to a historical activity: restoring, maintaining, modifying, servicing, repairing or housing a boiler used, or to be used, for a historical activity.high risk construction work—see clause 291.high risk diving work means work:(a) carried out in or under water or any other liquid while breathing compressed gas, andbut does not include minor work carried out in the sea or the waters of a bay or inlet or a marina that involves cleaning, inspecting, maintaining or searching for a vessel or mooring.(b) involving 1 or more of the following:(i) construction work,Notes.1Subparagraph (ii) includes some additional construction-related activities.2For construction work generally, see Chapter 6. For the meaning of construction work, see clause 289.(ii) work of the kind described in clause 289 (3) (d),(iii) inspection work carried out in order to determine whether or not work described in subparagraph (i) or (ii) is necessary,(iv) the recovery or salvage of a large structure or large item of plant for commercial purposes,high risk work means any work set out in Schedule 3 as being within the scope of a high risk work licence.high risk work licence means any of the licences listed in Schedule 3.hoist means an appliance intended for raising or lowering a load or people, and includes an elevating work platform, a mast climbing work platform, personnel and materials hoist, scaffolding hoist and serial hoist, but does not include a lift or building maintenance equipment.ignition source means a source of energy capable of igniting flammable or combustible substances.importer, in relation to plant, a substance or a structure, has the same meaning as it has in section 24 of the Act.incidental diving work means general diving work that:(a) is incidental to the conduct of the business or undertaking in which the diving work is carried out, andExample.Acting underwater is incidental to the business or undertaking of filming.(b) involves limited diving.(c) (Repealed)independent, in relation to clearance inspections and air monitoring under Chapter 8, means:(a) not involved in the removal of the asbestos, andin relation to which the inspection or monitoring is conducted.(b) not involved in a business or undertaking involved in the removal of the asbestos,industrial lift truck means powered mobile plant, designed to move goods, materials or equipment that is equipped with an elevating load carriage and is in the normal course of use equipped with a load-holding attachment, but does not include a mobile crane or earthmoving machinery.industrial robot means plant that is a multifunctional manipulator and its controllers, capable of handling materials, parts or tools, or specialised devices, through variable programmed motions for the performance of a variety of tasks.inflatable device (continuously blown) means an amusement device that is an inflatable device that relies on a continuous supply of air pressure to maintain its shape.in situ asbestos means asbestos or ACM fixed or installed in a structure, equipment or plant, but does not include naturally occurring asbestos.intermediate bulk container (IBC) has the same meaning as IBC has in the ADG Code.internal review means internal review under Part 11.1.in transit, in relation to a thing, means that the thing:(a) is supplied to, or stored at, a workplace in containers that are not opened at the workplace, and(b) is not used at the workplace, and(c) is kept at the workplace for not more than 5 consecutive days.lead means lead metal, lead alloys, inorganic lead compounds and lead salts of organic acids.lead process—see clause 392.lead process area means a workplace or part of a workplace where a lead process is carried out.lead risk work—see clause 394.licence holder means:(a) in the case of a high risk work licence—the person who is licensed to carry out the work, or(b) in the case of an asbestos assessor licence—the person who is licensed:(i) to carry out air monitoring during Class A asbestos removal work, and(ii) to carry out clearance inspections of Class A asbestos removal work, and(iii) to issue clearance certificates in relation to Class A asbestos removal work, or(c) in the case of an asbestos removal licence—the person conducting the business or undertaking to whom the licence is granted, or(d) in the case of a major hazard facility licence—the operator of the major hazard facility to whom the licence is granted or transferred.licensed asbestos assessor means a person who holds an asbestos assessor licence.licensed asbestos removalist means a person conducting a business or undertaking who is licensed under this Regulation to carry out Class A asbestos removal work or Class B asbestos removal work.licensed asbestos removal work means asbestos removal work for which a Class A asbestos removal licence or Class B asbestos removal licence is required.licensed major hazard facility means a major hazard facility that is licensed under Part 9.7.lift means plant that is, or is intended to be, permanently installed in or attached to a structure, in which people, goods or materials may be raised or lowered within a car or cage, or on a platform and the movement of which is restricted by a guide or guides, and includes:(a) a chairlift, escalator, moving walkway and stairway lift, and(b) any supporting structure, machinery, equipment, gear, lift well, enclosures and entrances.limited diving means diving that does not involve any of the following:(a) diving to a depth below 30 metres,(b) the need for a decompression stop,(c) the use of mechanical lifting equipment or a buoyancy lifting device,(d) diving beneath anything that would require the diver to move sideways before being able to ascend,(e) the use of plant that is powered from the surface,(f) diving for more than 28 days during a period of 6 months.limited scientific diving work means general diving work that:(a) is carried out for the purpose of professional scientific research, natural resource management or scientific research as an educational activity, and(b) involves only limited diving., in relation to a facility, means the local authority for the local authority area in which the facility and the surrounding area are located.local community, in relation to a major hazard facility, means the community in the surrounding area.lower explosive limit (LEL), in relation to a flammable gas, vapour or mist, means the concentration of the gas, vapour or mist in air below which the propagation of a flame does not occur on contact with an ignition source.maintain, in relation to plant or a structure in Chapter 5, includes repair or servicing of plant or a structure.major hazard facility means a facility:(a) at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity, or(b) that is determined by the regulator under Part 9.2 to be a major hazard facility.major hazard facility licence means a licence granted under Part 9.7 in relation to a major hazard facility.major incident—see clause 531.major incident hazard means a hazard that could cause, or contribute to causing, a major incident.manifest means a written summary of the hazardous chemicals used, handled or stored at a workplace.Note.See Schedule 12 (Manifest requirements) for what a manifest must contain.manifest quantity, in relation to a Schedule 11 hazardous chemical, means the manifest quantity referred to in Schedule 11, table 11.1, column 5 for that hazardous chemical.manufacturer, in relation to plant, a substance or a structure, has the same meaning as it has in section 23 of the Act.mast climbing work platform means a hoist with 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 structure.materials hoist means a hoist that:(a) consists of a car, bucket or platform cantilevered from, and travelling up and down outside, a face of the support of a structure, and(b) is used for hoisting things and substances but not persons.membrane filter method means the membrane filter method described in the Guidance note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres [NOHSC:3003 (2005)].mixture in Part 7.1, means a combination of, or a solution composed of, 2 or more substances that do not react with each other.mobile crane means a crane capable of travelling over a supporting surface without the need for fixed runways and relying only on gravity for stability.modification, in relation to a facility—see clause 534.musculoskeletal disorder means an injury to, or disease of, the musculoskeletal system, whether occurring suddenly or over time, but does not include an injury caused by crushing, entrapment or cutting resulting principally from the mechanical operation of plant.NATA means the National Association of Testing Authorities, Australia.NATA-accredited laboratory means a testing laboratory accredited by NATA, or recognised by NATA either solely or with someone else.naturally occurring asbestos means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil.non-friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound.Note.Non-friable asbestos may become friable asbestos through deterioration (see definition of friable asbestos).non-slewing mobile crane means a mobile crane incorporating a boom or jib that cannot be slewed, and includes:(a) an articulated mobile crane, orbut does not include vehicle tow trucks.(b) a locomotive crane,notice of satisfactory assessment means a notice stating that the person to whom it is issued has successfully completed a specified VET course.operator, in relation to a facility or a proposed facility—see clause 533.operator protective device, includes a roll-over protective structure, falling object protective structure, operator restraining device and seat belt.order-picking forklift truck, in Schedules 3 and 4, means a forklift truck where the operator’s controls are incorporated with the lifting media and elevate with the lifting media.packaged hazardous chemicals means Schedule 11 hazardous chemicals in a container with:(a) a capacity not exceeding 500 litres, or(b) a net mass not exceeding 500 kilograms.passenger ropeway means a powered ropeway used for transporting, in a horizontal or inclined plane, passengers moved by a carrier that is:(a) attached to or supported by a moving rope, orincluding, in relation to the powered ropeway, the prime mover, any associated transmission machinery and any supporting structure and equipment, but does not include any of the following:(b) attached to a moving rope but supported by a standing rope or other overhead structure,(c) a cog railway,(d) a cable car running on rails,(e) a flying fox or similar device,(f) an elevating system for vehicles or boat style carriers associated with amusement devices,Example.An elevating system for a log ride or boat flume ride.(g) a winding system in a mine.person with management or control of plant at a workplace has the same meaning as it has in section 21 of the Act.person with management or control of a workplace has the same meaning as it has in section 20 of the Act.personal protective equipment means anything used or worn by a person to minimise risk to the person’s health and safety, including air supplied respiratory equipment.personnel and materials hoist means a hoist:(a) that is a cantilever hoist, a tower hoist or several winches configured to operate as a hoist, and(b) that is intended to carry goods, materials or people.pipeline means pipe work that crosses a boundary of a workplace, beginning or ending at the nearest fluid or slurry control point (along the axis of the pipeline) to the boundary.pipe work means a pipe or assembly of pipes, pipe fittings, valves and pipe accessories used to convey a hazardous chemical.placard means a sign or notice:(a) displayed or intended for display in a prominent place, or next to a container or storage area for hazardous chemicals at a workplace, and(b) that contains information about the hazardous chemical stored in the container or storage area.placard quantity, in relation to a Schedule 11 hazardous chemical, means the placard quantity referred to in Schedule 11, table 11.1 column 4 for the Schedule 11 hazardous chemical.plant, in Parts 5.2 and 5.3, includes a structure.platform height, in relation to an inflatable device (continuously blown), means the height of the highest part of the device designed to support persons using it (the platform), as measured from the surface supporting the device to the top surface of the platform when the device is inflated but unloaded.portal boom crane means a boom crane or a jib crane that is mounted on a portal frame that, in turn, is supported on runways along which the crane travels.powered mobile plant means plant that is provided with some form of self-propulsion that is ordinarily under the direct control of an operator.precautionary statement means a phrase prescribed by the GHS that describes measures that are recommended to be taken to prevent or minimise:(a) the adverse effects of exposure to a hazardous chemical, or(b) improper handling of a hazardous chemical.presence-sensing safeguarding system includes:(a) a sensing system that uses 1 or more forms of radiation either self-generated or otherwise generated by pressure, and(b) the interface between the final switching devices of the sensing system and the machine primary control elements, and(c) the machine stopping capabilities, by which the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state.pressure equipment means boilers, pressure vessels and pressure piping.pressure piping:(a) means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey liquid or to transmit liquid pressure, and(b) includes distribution headers, bolting, gaskets, pipe supports and pressure containing accessories, butpressure vessel:(a) means a vessel subject to internal or external pressure, and(b) includes:(i) interconnected parts and components, valves, gauges and other fittings up to the first point of connection to connecting piping, and(ii) fired heaters, and(iii) gas cylinders, but(c) does not include a boiler or pressure piping.primary emergency service organisation means Fire and Rescue NSW.principal contractor, in relation to a construction project—see clause 293.product identifier means the name or number used to identify a product on a label or in a safety data sheet.prohibited carcinogen means a substance:(a) listed in Schedule 10, table 10.1, column 2, and(b) present in a concentration of:(i) for a solid or liquid—0.1% or more, determined as a weight/weight (w/w) concentration, and(ii) for a gas—0.1% or more, determined as a volume/volume (v/v) concentration.proposed facility means:(a) an existing workplace that is to become a facility due to the introduction of Schedule 15 chemicals, or(b) a facility that is being designed or constructed.proposed major hazard facility means:(a) an existing facility or other workplace that is to become a major hazard facility due to the introduction of Schedule 15 chemicals or the addition of further Schedule 15 chemicals, or(b) a major hazard facility that is being designed or constructed.quantity, in Chapter 7, means:(a) for a hazardous chemical that is not a liquid or a gas or a gas under pressure and is in a container or storage or handling system—the mass in kilograms of the hazardous chemical in the container or storage or handling system, and(b) for a hazardous chemical that is a liquid and is not a gas under pressure and is in a container or storage or handling system—the net capacity in litres of the container or storage or handling system, and(c) for a hazardous chemical that is a gas or gas under pressure in a container or storage or handling system—the water capacity in litres of the container or storage or handling system, and(d) for a hazardous chemical that is not a liquid and is in bulk and not in a container—the undivided mass in kilograms, and(e) for a hazardous chemical that is a thing and is not a gas—the net capacity of the part of the thing that comprises a hazardous chemical.reach stacker means a powered reach stacker that incorporates an attachment for lifting and lowering a shipping container.reciprocating steam engine means equipment that is driven by steam acting on a piston causing the piston to move, and includes an expanding (steam) reciprocating engine.registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).registered training organisation (RTO) means a training organisation that:(a) is listed as a registered training organisation on the National Register established under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth, and(b) has entered into an agreement with the regulator to deliver training and conduct assessments.relevant fee, in relation to a matter, means the fee specified in Schedule 2 for that matter.research chemical means a substance or mixture that:(a) is manufactured in a laboratory for genuine research, and(b) is not for use or supply for a purpose other than analysis or genuine research.respirable asbestos fibre means an asbestos fibre that:(a) is less than 3 micrometres wide, and(b) more than 5 micrometres long, and(c) has a length to width ratio of more than 3:1.restricted carcinogen means a substance:(a) listed in Schedule 10, table 10.2, column 2 for a use listed in column 3, and(b) present in a concentration of:(i) for a solid or liquid—0.1% or more, determined as a weight/weight (w/w) concentration, and(ii) for a gas—0.1% or more, determined as a volume/volume (v/v) concentration.retailer means a person whose principal business is supplying consumer products to members of the public who are not engaged in the further supply of those products.rigging work means:(a) the use of mechanical load shifting equipment and associated gear to move, place or secure a load using plant, equipment or members of a structure to ensure the stability of those members, or(b) the setting up or dismantling of cranes or hoists.safe oxygen level means a minimum oxygen content of air of 19.5% by volume under normal atmospheric pressure and a maximum oxygen content of air of 23.5% by volume under normal atmospheric pressure.Safe Work Australia means Safe Work Australia as established under section 5 of the Safe Work Australia Act 2008 of the Commonwealth.safe work method statement means:(a) in relation to electrical work on energised electrical equipment—a safe work method statement prepared under clause 161,(b) in relation to high risk construction work—a safe work method statement referred to in clause 299 (as revised under clause 302).safety data sheet means a safety data sheet prepared under clause 330 or 331.scaffold means a temporary structure specifically erected to support access or working platforms.scaffolding work means erecting, altering or dismantling a temporary structure that is or has been erected to support a platform and from which a person or object could fall more than 4 metres from the platform or the structure.Schedule 11 hazardous chemical means a hazardous chemical or combination of hazardous chemicals specified in Schedule 11, table 11.1.Schedule 15 chemical means a hazardous chemical that:(a) is specified in Schedule 15, table 15.1, or(b) belongs to a class, type or category of hazardous chemicals specified in Schedule 15, table 15.2.self erecting tower crane means a crane:(a) that is not disassembled into a tower element and a boom or jib element in the normal course of use, and(b) where the erection and dismantling processes are an inherent part of the crane’s function.shaft means a vertical or inclined way or opening, from the surface downwards or from any underground working, the dimensions of which (apart from the perimeter) are less than its depth.signal word means the word “danger” or “warning” used on a label to indicate to a label reader the relative severity level of a hazard, and to alert the reader to a potential hazard, under the GHS.slewing mobile crane means a mobile crane incorporating a boom or jib that can be slewed, but does not include:(a) a front end loader, or(b) a backhoe, or(c) an excavator, orwhen configured for crane operation.(d) other earth moving equipment,slinging techniques means the exercising of judgement in relation to the suitability and condition of lifting gear and the method of slinging, by consideration of the nature of the load, its mass and its centre of gravity.specified VET course means:(a) in relation to general construction induction training—the VET course Work Safely in the Construction Industry or a corresponding subsequent VET accredited course, or(b) in relation to Class A asbestos removal work—the VET course Remove friable asbestos, or(c) in relation to Class B asbestos removal work—the VET course Remove non friable asbestos, or(d) in relation to the supervision of asbestos removal work—the VET course Supervise asbestos removal, or(e) in relation to asbestos assessor work—the VET course Conduct asbestos assessment associated with removal, or(f) in relation to high risk work—the relevant VET course specified in Schedule 4.structure, in Chapter 6—see clause 290.substance, in Part 7.1, means a chemical element or compound in its natural state or obtained or generated by a process:(a) including any additive necessary to preserve the stability of the element or compound and any impurities deriving from the process, but(b) excluding any solvent that may be separated without affecting the stability of the element or compound, or changing its composition.supplier, in relation to plant, a substance or a structure, has the same meaning as it has in section 25 of the Act.surrounding area, in relation to a facility, means the area surrounding the facility in which the health and safety of persons could potentially be adversely affected by a major incident occurring.suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use.technical name, in the definition of chemical identity, means a name that is:(a) ordinarily used in commerce, regulations and codes to identify a substance or mixture, other than an International Union of Pure and Applied Chemistry or Chemical Abstracts Service name, and(b) recognised by the scientific community.temporary work platform means:(a) a fixed, mobile or suspended scaffold, or(b) an elevating work platform, or(c) a mast climbing work platform, or(d) a work box supported by a crane, hoist, forklift truck or other form of mechanical plant, or(e) building maintenance equipment, including a building maintenance unit, or(f) a portable or mobile fabricated platform, or(g) any other temporary platform that:(i) provides a working area, and(ii) is designed to prevent a fall.the Act means the Work Health and Safety Act 2011.theatrical performance means acting, singing, playing a musical instrument, dancing or otherwise performing literary or artistic works or expressions of traditional custom or folklore.threshold quantity, in relation to a Schedule 15 chemical, means:(a) the threshold quantity of a specific hazardous chemical as determined under clause 3 of Schedule 15, or(b) the aggregate threshold quantity of 2 or more hazardous chemicals as determined under clause 4 of Schedule 15.tower crane means:(a) a boom crane or a jib crane mounted on a tower structure, and(b) in Schedule 3:(i) the crane, if a jib crane, may be a horizontal or luffing jib type, andbut, in Schedule 3, does not include a self erecting tower crane.(ii) the tower structure may be demountable or permanent,tractor means a motor vehicle, whether wheeled or track mounted, designed to provide power and movement to any attached machine or implement by a transmission shaft, belt or linkage system but does not include earthmoving machinery.trench means a horizontal or inclined way or opening:(a) the length of which is greater than its width and greater than or equal to its depth, and(b) that commences at and extends below the surface of the ground, and(c) that is open to the surface along its length.tunnel means an underground passage or opening that:(a) is approximately horizontal, and(b) commences at the surface of the ground or at an excavation.turbine means equipment that is driven by steam acting on a turbine or rotor to cause a rotary motion.UN number has the same meaning as it has in Attachment 2 of the ADG Code.vehicle hoist means a device to hoist vehicles designed to provide access for under-chassis examination or service.vehicle loading crane means a crane mounted on a vehicle for the purpose of loading and unloading the vehicle.VET course has the same meaning as it has in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.WHS management plan, in relation to a construction project, means a management plan prepared or revised under Part 6.4.work box means a personnel carrying device, designed to be suspended from a crane, to provide a working area for a person elevated by and working from the device.work positioning system means any plant or structure, other than a temporary work platform, that enables a person to be positioned and safely supported at a location for the duration of the relevant work being carried out.Workplace Exposure Standards for Airborne Contaminants means the Workplace Exposure Standards for Airborne Contaminants published by Safe Work Australia on its website with a date of effect of 18 April 2013 as in force or remade from time to time.(2) * * * * *Note.Not required in NSW.
5A Meaning of “corresponding WHS law”
For the purposes of paragraph (b) of the definition of corresponding WHS law in section 4 of the Act, the Work Health and Safety (National Uniform Legislation) Act 2011 of the Northern Territory is prescribed as such a law.
6 Determination of safety management system
The regulator may make a determination for the purposes of the definition of certified safety management system.
7 Meaning of “person conducting a business or undertaking”—persons excluded
(1) For the purposes of section 5 (6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.(2) Subclause (1) does not apply if the strata title body corporate engages any worker as an employee.(3) For the purposes of section 5 (6) of the Act, an incorporated association may be taken not to be a person conducting a business or undertaking if the incorporated association consists of a group of volunteers working together for 1 or more community purposes where:(a) the incorporated association, either alone or jointly with any other similar incorporated association, does not employ any person to carry out work for the incorporated association, and(b) none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the incorporated association.(4) In this clause, strata title body corporate means an owners corporation constituted under the Strata Schemes Management Act 1996.
8 Meaning of supply
For the purposes of section 6 (3) (b) of the Act, a supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply.Examples.1An auctioneer who auctions a thing without having possession of the thing.2A real estate agent acting in his or her capacity as a real estate agent.
9 Provisions linked to health and safety duties in Act
If a note at the foot of a provision of this Regulation states “WHS Act” followed by a reference to a section number, the clause provision sets out the way in which a person’s duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the clause provision.Note.A failure to comply with a duty or obligation under a section of the Act referred to in a “WHS Act” note is an offence to which a penalty applies.