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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 20 September 2017 at 15:37)
Chapter 1 Part 1.2
Part 1.2 Application
10   Application of the Act to dangerous goods and high risk plant
(1)  The following provisions of the Act are excluded from the operation of Schedule 1 to the Act:
(a)  Divisions 2 to 8 of Part 5,
(b)  Part 6,
(c)  Part 7.
(1A)  Dangerous goods (within the meaning of the ADG Code) listed in Column 2 of the Table to clause 328 (1A) are prescribed for the purposes of Schedule 1 to the Act as dangerous goods if the quantity of the goods at a place is more than the relevant threshold for the goods referred to in Column 3 of that Table.
(1B)  The following plant is prescribed as high risk plant for the purposes of Schedule 1 to the Act:
(a)  boilers categorised as hazard level A, B or C according to criteria in section 2.1 of AS:4343:2005 (Pressure equipment—Hazard levels),
(b)  pressure vessels categorised as hazard level A, B or C according to the criteria in section 2.1 of AS:4343:2005 (Pressure equipment—Hazard levels), except:
(i)  LP Gas fuel vessels for automotive use, and
(ii)  serially produced vessels,
(c)  lifts, including escalators and moving walkways,
(d)  amusement devices covered by section 2.1 of AS:3533.1:2009 (Amusement rides and devices—Design and construction), except devices specified in subclause (1C),
(e)  gas cylinders.
(1C)  Subclause (1B) (d) does not apply to the following:
(a)  class 1 devices,
(b)  playground devices,
(c)  water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure,
(d)  wave generators where patrons do not come into contact with the parts of machinery used for generating water waves,
(e)  inflatable devices that are sealed,
(f)  inflatable devices that do not use a non-return valve.
11   Application of this Regulation
A duty imposed on a person under a provision of this Regulation in relation to health and safety does not limit or affect any duty the person has under the Act or, unless otherwise expressly provided, any other provision of this Regulation.
12   Assessment of risk in relation to a class of hazards, tasks, circumstances or things
If this Regulation require an assessment of risks to health and safety associated with a hazard, task, thing or circumstance, an assessment of risks associated with a class of hazards, tasks, things or circumstances may be conducted if:
(a)  all hazards, tasks, things or circumstances in the class are the same, and
(b)  the assessment of risks for the class does not result in any worker or other person being exposed to a greater, additional or different risk to health and safety than if the risk assessment were carried out in relation to each individual hazard, task, thing or circumstance.