- Work Health and Safety Regulation 2017
- Status information
- Chapter 1 Preliminary
- Part 1.1 Introductory matters
- Note
- 1 Name of Regulation
- 2 Commencement
- 3 Authorising provisions
- 4 Repeal
- 5 Definitions
- 5A Meaning of “corresponding WHS law”
- 6 Determination of safety management system
- 7 Meaning of “person conducting a business or undertaking”—persons excluded
- 8 Meaning of supply
- 9 Provisions linked to health and safety duties in Act
- Part 1.2 Application
- Part 1.3 Incorporated documents
- Chapter 2 Representation and participation
- Chapter 3 General risk and workplace management
- Part 3.1 Managing risks to health and safety
- Part 3.2 General workplace management
- Division 1 Information, training and instruction
- Division 2 General working environment
- Division 3 First aid
- Division 4 Emergency plans
- Division 5 Personal protective equipment
- Division 6 Remote or isolated work
- Division 7 Managing risks from airborne contaminants
- Division 8 Hazardous atmospheres
- Division 9 Storage of flammable or combustible substances
- Division 10 Falling objects
- Chapter 4 Hazardous work
- Part 4.1 Noise
- Part 4.2 Hazardous manual tasks
- Part 4.3 Confined spaces
- Division 1 Preliminary
- Division 2 Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure
- Division 3 Duties of person conducting business or undertaking
- 65 Entry into confined space must comply with this Division
- 66 Managing risks to health and safety
- 67 Confined space entry permit
- 68 Signage
- 69 Communication and safety monitoring
- 70 Specific control—connected plant and services
- 71 Specific control—atmosphere
- 72 Specific control—flammable gases and vapours
- 73 Specific control—fire and explosion
- 74 Emergency procedures
- 75 Personal protective equipment in emergencies
- 76 Information, training and instruction for workers
- 77 Confined space entry permit and risk assessment must be kept
- Part 4.4 Falls
- Part 4.5 High risk work
- Division 1 Licensing of high risk work
- Subdivision 1 Requirement to be licensed
- Subdivision 2 Licensing process
- 86 Who may apply for a licence
- 87 Application for high risk work licence
- 88 Additional information
- 89 Decision on application
- 90 Matters to be taken into account
- 91 Refusal to grant high risk work licence—process
- 91A Conditions of licence
- 92 Duration of licence
- 93 Licence document
- 94 Licence document to be available
- 95 Reassessment of competency of licence holder
- Subdivision 3 Amendment of licence document
- Subdivision 4 Renewal of high risk work licence
- Subdivision 5 Suspension and cancellation of high risk work licence
- Division 2 Accreditation of assessors
- Subdivision 1 Requirement to be accredited
- Subdivision 2 Accreditation process
- 115 Regulator may accredit assessors
- 116 Application for accreditation
- 117 Additional information
- 118 Decision on application
- 119 Matters to be taken into account
- 120 Refusal to grant accreditation—process
- 121 Conditions of accreditation
- 122 Duration of accreditation
- 123 Accreditation document
- 124 Accreditation document to be available
- Subdivision 3 Amendment of accreditation document
- Subdivision 4 Renewal of accreditation
- Subdivision 5 Suspension and cancellation
- 133 Regulator may suspend or cancel accreditation
- 134 Suspension or cancellation of accreditation
- 135 Matters to be taken into account
- 136 Notice to and submissions by accredited assessor
- 137 Notice of decision
- 138 Immediate suspension
- 139 Accredited assessor to return accreditation document
- 140 Regulator to return accreditation document after suspension
- Subdivision 6 Agreements with RTOs
- Part 4.6 Demolition work
- Part 4.7 General electrical safety in workplaces and energised electrical work
- Division 1 Preliminary
- Division 2 General risk management
- Division 3 Electrical equipment and electrical installations
- Division 4 Electrical work on energised electrical equipment
- 152 Application of Division 4
- 153 Persons conducting a business or undertaking to which this Division applies
- 154 Electrical work on energised electrical equipment—prohibited
- 155 Duty to determine whether equipment is energised
- 156 De-energised equipment must not be inadvertently re-energised
- 157 Electrical work on energised electrical equipment—when permitted
- 158 Preliminary steps
- 159 Unauthorised access to equipment being worked on
- 160 Contact with equipment being worked on
- 161 How the work is to be carried out
- 162 Record keeping
- Division 5 Electrical equipment and installations and construction work—additional duties
- Division 6 Residual current devices
- Division 7 Overhead and underground electric lines
- Part 4.8 Diving work
- Division 1 Preliminary
- Division 2 General diving work—fitness and competence of worker
- 168 Person conducting business or undertaking must ensure fitness of workers
- 169 Certificate of medical fitness
- 170 Duty to keep certificate of medical fitness
- 171 Competence of worker—general diving work—qualifications
- 171A Competence of worker—general diving work—knowledge and skill
- 172 Competence of worker—incidental diving work
- 173 Competence of worker—limited scientific diving work
- 174 Competence of competent person supervising general diving work
- 175 Evidence of competence—duty of person conducting business or undertaking
- Division 3 Managing risks—general diving work
- Division 4 High risk diving work
- Part 4.9 Traffic control work training
- Part 4.10 Manufactured stone—cutting
- Chapter 5 Plant and structures
- Part 5.1 General duties for plant and structures
- Note
- Division 1 Preliminary
- Division 2 Duties of persons conducting businesses or undertakings that design plant
- Division 3 Duties of persons conducting businesses or undertakings that manufacture plant
- Division 4 Duties of persons conducting businesses or undertakings that import plant
- Division 5 Duties of persons conducting businesses or undertakings that supply plant
- Division 6 Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures
- Division 7 General duties of a person conducting a business or undertaking involving the management or control of plant
- Note
- Subdivision 1 Management of risks
- Subdivision 2 Additional control measures for general plant
- 204 Control of risks arising from installation or commissioning
- 205 Preventing unauthorised alterations to or interference with plant
- 206 Proper use of plant and controls
- 207 Plant not in use
- 208 Guarding
- 209 Guarding and insulation from heat and cold
- 210 Operational controls
- 211 Emergency stops
- 212 Warning devices
- 213 Maintenance and inspection of plant
- Subdivision 3 Additional control measures for certain plant
- Note
- 214 Powered mobile plant—general control of risk
- 215 Powered mobile plant—specific control measures
- 216 Roll-over protection on tractors
- 217 (Repealed)
- 218 Industrial lift trucks
- 219 Plant that lifts or suspends loads
- 220 Exception—plant not specifically designed to lift or suspend a person
- 221 Plant used in connection with tree lopping
- 222 Industrial robots
- 223 Lasers
- 224 Pressure equipment
- 225 Scaffolds
- 226 Plant with presence-sensing safeguarding system—records
- Part 5.2 Additional duties relating to registered plant and plant designs
- Notes
- Division 1 Application of Part 5.2
- Division 2 Duty of person conducting a business or undertaking who designs plant to record plant design
- Division 3 Duties of a person conducting a business or undertaking
- 231 Duty of persons conducting businesses or undertakings that manufacture plant
- 232 Duty of persons conducting businesses or undertakings that import plant
- 233 Duty of persons conducting businesses or undertakings that supply plant
- 234 Duty of persons conducting businesses or undertakings that commission plant
- Division 4 Duties of a person conducting a business or undertaking involving the management or control of plant
- Subdivision 1 Control measures for registered plant
- Subdivision 2 Control measures for amusement devices and passenger ropeways
- 238 Operation of amusement devices and passenger ropeways
- 239 Storage of amusement devices and passenger ropeways
- 240 Maintenance, inspection and testing of amusement devices and passenger ropeways
- 241 Annual inspection of amusement devices and passenger ropeways
- 242 Log book and manuals for amusement devices
- Part 5.3 Registration of plant designs and items of plant
- Note
- Division 1 Plant designs to be registered
- Division 2 Items of plant to be registered
- Division 3 Registration process for plant designs
- 248 Application of Division 3
- 249 Who can apply to register a plant design
- 250 Application for registration
- 251 Design verification statement
- 252 Who can be the design verifier
- 253 Duty of design verifier
- 254 Design verification statements not to be made in certain circumstances
- 255 Additional information
- 256 Decision on application
- 257 Refusal of registration—process
- 258 Conditions of registration
- 259 Duration of registration of plant design
- 260 Plant design registration number
- 261 Registration document
- 262 Registration document to be available
- 263 Disclosure of design information
- Division 4 Registration process for an item of plant
- 264 Application of Division 4
- 265 Who can apply to register an item of plant
- 266 Application for registration
- 267 When is a person competent to inspect plant
- 268 Additional information
- 269 Decision on application
- 270 Refusal of registration—process
- 271 Conditions of registration
- 272 Duration of registration
- 273 Plant registration number
- 274 Registration document
- 275 Registration document to be available
- 276 Regulator may renew registration
- 277 Application for renewal
- 278 Registration continues in force until application is decided
- 279 Decision on application
- 280 Status of registration during review
- Division 5 Changes to registration and registration documents
- 281 Application of Division
- 282 Changes to information
- 283 Amendment of registration imposed by regulator
- 284 Amendment on application by registration holder
- 285 Minor corrections to registration
- 286 Regulator to give amended registration document
- 287 Registration holder to return registration document
- 288 Replacement registration document
- Division 6 Cancellation of registration
- Chapter 6 Construction work
- Part 6.1 Preliminary
- Part 6.2 Duties of designer of structure and person who commissions construction work
- Part 6.3 Duties of person conducting business or undertaking
- Part 6.4 Additional duties of principal contractor
- 307 Application of Part 6.4
- 308 Specific control measure—signage identifying principal contractor
- 309 WHS management plan—preparation
- 310 WHS management plan—duty to inform
- 311 WHS management plan—review
- 312 High risk construction work—safe work method statements
- 313 Copy of WHS management plan must be kept
- 314 Further health and safety duties—specific clauses
- 315 Further health and safety duties—specific risks
- Part 6.5 General construction induction training
- Chapter 7 Hazardous chemicals
- Part 7.1 Hazardous chemicals
- Note
- Division 1 Application of Part 7.1
- Division 2 Obligations relating to safety data sheets and other matters
- Subdivision 1 Obligations of manufacturers and importers
- Notes
- 329 Classification of hazardous chemicals
- 330 Manufacturer or importer to prepare and provide safety data sheets
- 331 Safety data sheets—research chemical, waste product or sample for analysis
- 332 Emergency disclosure of chemical identities to registered medical practitioner
- 333 Emergency disclosure of chemical identities to emergency service worker
- 334 Packing hazardous chemicals
- 335 Labelling hazardous chemicals
- Subdivision 2 Obligations of suppliers
- Subdivision 3 Obligations of persons conducting businesses or undertakings
- Division 3 Register and manifest of hazardous chemicals
- Division 4 Placards
- Division 5 Control of risk—obligations of persons conducting businesses or undertakings
- Division 6 Health monitoring
- 368 Duty to provide health monitoring
- 369 Duty to inform of health monitoring
- 370 Duty to ensure that appropriate health monitoring is provided
- 371 Duty to ensure health monitoring is supervised by registered medical practitioner with experience
- 372 Duty to pay costs of health monitoring
- 373 Information that must be provided to registered medical practitioner
- 374 Duty to obtain health monitoring report
- 375 Duty to give health monitoring report to worker
- 376 Duty to give health monitoring report to regulator
- 377 Duty to give health monitoring report to relevant persons conducting businesses or undertakings
- 378 Health monitoring records
- Division 7 Induction, information, training and supervision
- Division 8 Prohibition, authorisation and restricted use
- 380 Using, handling and storing prohibited carcinogens
- 381 Using, handling and storing restricted carcinogens
- 382 Using, handling and storing restricted hazardous chemicals
- 383 Application for authorisation to use, handle or store prohibited and restricted carcinogens
- 384 Authorisation to use, handle or store prohibited carcinogens and restricted carcinogens
- 385 Changes to information in application to be reported
- 386 Regulator may cancel authorisation
- 387 Statement of exposure to be given to workers
- 388 Records to be kept
- Division 9 Pipelines
- Part 7.2 Lead
- Note
- Division 1 Lead process
- Division 2 Control of risk
- Division 3 Lead risk work
- Division 4 Health monitoring
- 405 Duty to provide health monitoring before first commencing lead risk work
- 406 Duty to ensure that appropriate health monitoring is provided
- 407 Frequency of biological monitoring
- 408 Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience
- 409 Duty to pay costs of health monitoring
- 410 Information that must be provided to registered medical practitioner
- 411 Duty to obtain health monitoring report
- 412 Duty to give health monitoring report to worker
- 413 Duty to give health monitoring report to regulator
- 414 Duty to give health monitoring report to relevant persons conducting businesses or undertakings
- 415 Removal of worker from lead risk work
- 416 Duty to ensure medical examination if worker removed from lead risk work
- 417 Return to lead risk work after removal
- 418 Health monitoring records
- Chapter 8 Asbestos
- Part 8.1 Prohibitions and authorised conduct
- Part 8.2 General duty
- Part 8.3 Management of asbestos and associated risks
- 421 Application of Part 8.3
- 422 Asbestos to be identified or assumed at workplace
- 423 Analysis of sample
- 424 Presence and location of asbestos to be indicated
- 425 Asbestos register
- 426 Review of asbestos register
- 427 Access to asbestos register
- 428 Transfer of asbestos register by person relinquishing management or control
- 429 Asbestos management plan
- 430 Review of asbestos management plan
- Part 8.4 Management of naturally occurring asbestos
- Part 8.5 Asbestos at the workplace
- Division 1 Health monitoring
- 435 Duty to provide health monitoring
- 436 Duty to ensure that appropriate health monitoring is provided
- 437 Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience
- 438 Duty to pay costs of health monitoring
- 439 Information that must be provided to registered medical practitioner
- 440 Duty to obtain health monitoring report
- 441 Duty to give health monitoring report to worker
- 442 Duty to give health monitoring report to regulator
- 443 Duty to give health monitoring report to relevant persons conducting businesses or undertakings
- 444 Health monitoring records
- Division 2 Training
- Division 3 Control on use of certain equipment
- Part 8.6 Demolition and refurbishment
- 447 Application—Part 8.6
- 448 Review of asbestos register
- 449 Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment
- 450 Duty to obtain asbestos register
- 451 Determining presence of asbestos or ACM
- 452 Identification and removal of asbestos before demolition
- 453 Identification and removal of asbestos before demolition of residential premises
- 454 Emergency procedure
- 455 Emergency procedure—residential premises
- 456 Identification and removal of asbestos before refurbishment
- 457 Refurbishment of residential premises
- Part 8.7 Asbestos removal work
- Note
- 458 Duty to ensure asbestos removalist is licensed
- 459 Asbestos removal supervisor must be present or readily available
- 460 Asbestos removal worker must be trained
- 461 Licensed asbestos removalist must keep training records
- 462 Duty to give information about health risks of licensed asbestos removal work
- 463 Asbestos removalist must obtain register
- 464 Asbestos removal control plan
- 465 Asbestos removal control plan to be kept and available
- 466 Regulator must be notified of asbestos removal
- 467 Licensed asbestos removalist must inform certain persons about intended asbestos removal work
- 468 Person with management or control of workplace must inform persons about asbestos removal work
- 469 Signage and barricades for asbestos removal work
- 470 Limiting access to asbestos removal area
- 471 Decontamination facilities
- 472 Disposing of asbestos waste and contaminated personal protective equipment
- 473 Clearance inspection
- 474 Clearance certificates
- Part 8.8 Asbestos removal requiring Class A asbestos removal licence
- Part 8.9 Asbestos-related work
- 478 Application of Part 8.9
- 479 Uncertainty as to presence of asbestos
- 480 Duty to give information about health risks of asbestos-related work
- 481 Asbestos-related work to be in separate area
- 482 Air monitoring
- 483 Decontamination facilities
- 484 Disposing of asbestos waste and contaminated personal protective equipment
- Part 8.10 Licensing of asbestos removalists and asbestos assessors
- Division 1 Asbestos removalists—requirement to be licensed
- Division 2 Asbestos assessors—requirement to be licensed
- Division 3 Licensing process
- 491 Who may apply for a licence
- 492 Application for asbestos removal licence or asbestos assessor licence
- 493 Content of application—Class A asbestos removal licence
- 494 Content of application—Class B asbestos removal licence
- 495 Content of application—asbestos assessor licence
- 496 Additional information
- 497 Decision on application
- 498 Class A asbestos removal licence—regulator to be satisfied about additional matters
- 499 Class B asbestos removal licence—regulator to be satisfied about additional matters
- 500 Matters to be taken into account
- 501 Refusal to grant licence—process
- 502 Conditions of licence
- 503 Duration of licence
- 504 Licence document
- 505 Licence document to be available
- Division 4 Amendment of licence and licence document
- 506 Changes to information
- 507 Change to nominated supervisor
- 508 Amendment imposed by regulator
- 509 Amendment on application by licence holder
- 510 Minor corrections to licence
- 511 Regulator to give amended licence to the holder
- 512 Licence holder to return licence
- 513 Replacement licence document
- 514 Voluntary surrender of licence
- Division 5 Renewal of licence
- Division 6 Suspension and cancellation of licence
- Division 7 General
- Chapter 9 Major hazard facilities
- Part 9.1 Preliminary
- Part 9.2 Determinations about major hazard facilities
- 536 Operators of certain facilities must notify regulator
- 537 Notification—proposed facilities
- 538 Content of notification
- 539 When regulator may conduct inquiry
- 540 Inquiry procedure
- 541 Determination in relation to facility, on inquiry
- 542 Determination in relation to over-threshold facility
- 543 Suitability of facility operator
- 544 Conditions on determination of major hazard facility
- 544A Conditions on determination—payment of relevant fee
- 545 Notice and effect of determinations
- 546 When regulator may revoke a determination
- 547 Re-notification if quantity of Schedule 15 chemicals increases
- 548 Notification by new operator
- 549 Time in which major hazard facility licence must be applied for
- Part 9.3 Duties of operators of determined major hazard facilities
- Part 9.4 Licensed major hazard facilities—risk management
- Note
- 564 Identification of major incidents and major incident hazards
- 565 Safety assessment
- 566 Control of risk
- 567 Emergency plan
- 568 Safety management system
- 569 Review of risk management
- 570 Safety case—review
- 571 Information for visitors
- 572 Information for local community—general
- 573 Information for local community—major incident
- Part 9.5 Consultation and workers’ safety role
- Part 9.6 Duties of workers at licensed major hazard facilities
- Part 9.7 Licensing of major hazard facilities
- Division 1 Licensing process
- 577 Who may apply for a licence
- 578 Application for major hazard facility licence
- 579 Additional information
- 580 Decision on application
- 581 Matters to be taken into account
- 582 When decision is to be made
- 583 Refusal to grant major hazard facility licence—process
- 584 Conditions of licence
- 585 Duration of licence
- 585A Conditions of licence—payment of relevant fee
- 586 Licence document
- 587 Licence document to be available
- Division 2 Amendment of licence and licence document
- Division 3 Renewal of major hazard facility licence
- Division 4 Transfer of major hazard facility licence
- Division 5 Suspension and cancellation of major hazard facility licence
- 601 Cancellation of major hazard facility licence—on operator’s application
- 602 Suspension or cancellation of licence—on regulator’s initiative
- 603 Matters to be taken into account
- 604 Notice to and submissions by operator
- 605 Notice of decision
- 606 Immediate suspension
- 607 Operator to return licence document
- 608 Regulator to return licence document after suspension
- Chapter 10 Mines
- Chapter 11 General
- Part 11.1 Review of decisions under this Regulation
- Part 11.2 Exemptions
- Division 1 General
- Division 2 High risk work licences
- Division 3 Major hazard facilities
- Division 4 Exemption process
- 690 Application for exemption
- 691 Conditions of exemption
- 692 Form of exemption document
- 693 Compliance with conditions of exemption
- 694 Notice of decision in relation to exemption
- 695 Publication of notice of exemption
- 696 Notice of refusal of exemption
- 697 Amendment or cancellation of exemption
- 698 Notice of amendment or cancellation
- Part 11.3 Miscellaneous
- 699 Incident notification—prescribed serious illnesses
- 700 Inspectors’ identity cards
- 701 Review of decisions under the Act—stay of decision
- 701A Regulator’s power to waive, reduce, postpone or refund fees
- 702 Confidentiality of information—exception relating to administration or enforcement of other laws
- 702A Savings
- 702B Register of certain licences and training cards
- Schedule 1 Repeals
- Schedule 2 Fees
- Schedule 3 High risk work licences and classes of high risk work
- Schedule 4 High risk work licences—competency requirements
- Schedule 5 Registration of plant and plant designs
- Schedule 6 Classification of mixtures
- Schedule 7 Safety data sheets
- Schedule 8 Disclosure of ingredients in safety data sheet
- Schedule 9 Classification, packaging and labelling requirements
- Schedule 10 Prohibited carcinogens, restricted carcinogens and restricted hazardous chemicals
- Schedule 11 Placard and manifest quantities
- Schedule 12 Manifest requirements
- Schedule 13 Placard requirements
- Schedule 14 Requirements for health monitoring
- Schedule 15 Hazardous chemicals at major hazard facilities (and their threshold quantity)
- Schedule 16 Matters to be included in emergency plan for major hazard facility
- Schedule 17 Additional matters to be included in safety management system of major hazard facility
- Schedule 18 Additional matters to be included in safety case for a major hazard facility
- Schedule 18A Penalty notice offences
- Historical notes
Work Health and Safety Regulation 2017
Current
version
for 1 July 2020
to date
(accessed 17 July 2020 at 01:08)
96 Notice of change of address
The licence holder of a high risk work licence must notify the regulator of a change of residential address, within 14 days of the change occurring.Maximum penalty—(a) in the case of an individual—15 penalty units, or(b) in the case of a body corporate—70 penalty units.